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8. Environmental law A. Introduction 1. Summary of topic

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1 8. Environmental law A. Introduction 1. Summary of topic
2.    Importance off the environment 3.    Flora and fauna 4.    Land, sea, air pollution  B.   United nations conference on the Human environment held in Stockholm in became the major stepping-stone in IEL.

2 8.1 A.   1987 Bruntland Report of the world commission on environment and development1.    Emphasised the need for international cooperation and responsibility 2.    stressed the link between environment and development- sustainable development B.   the process led to the UN conference on Environment and Development (UNCED) Rio de Janeiro in 1992.C.  Principle 21 lays down the responsibility of states “ to ensure that activities within their jurisdiction and control do not damage to the environment of other states or areas beyond the limits of national jurisdiction

3 8.2 A.   Principle 22 calls upon states to develop further the international regarding liability and compensation for victims of pollution and other environmental damage caused by activities within the jurisdiction on control of such states to areas beyond their jurisdiction. B.   United Nations Environment Programme (UNEP) and action plan for Human Environment which the lead instrument followed by the legal instruments dealing with water, air soil pollution arising from industrial activity as well as poverty

4 8.3 In protection of marine life no comprehensive treaty exist 1982 law of the sea only provides for a new allocation of legislature and enforcement power between the coastal and flag states. A.   The hazardous experience of major oil pollution accidents led to adopted in 1990 of a new Convention of the Maritime organisation (IMO) an oil pollution, preparedness, respoonse and cooperation

5 8.4 A.   Pollution of the sea by waste- is covered by 1972 Convention on the prevention of marine pollution by Dumping of Waste and other matter and the 1973 International conventional for the prevention of pollution from ships. On regional level similar instruments exist. B.   Some of them have lost importance with the emergence of 200 mile exclusive economic zone which grants coastal states jurisdiction in this respect..

6 8.5 A.   Rivers and lakes instrument exist chief Convention on protection and use of transboudary water courses and international lakes B.   Air pollution- the 1979 Geneva convention on long range Transboundary Air Pollution and amended by 1984 Protocol and protocol concerning the reduction of sulphur emissions or their transboundary fluxes by at least 30%

7 8.6 A.   Conservation of species. Number of conventions exist to cover wetlands world cultural and natural heritage, endangered species, migratory species of wild animals B.   Several treaties have addressed the issue of liability with regard to the peaceful use of nuclear energy C.   1977 convention on the prohibition of military and Any Other hostile use of environmental modification techniques and against burning of oil fields, oil pollution of Gulf as weapon in armed conflict.

8 8.7 A.   The convention on climate change entered into force 1994 with the aim of establishing atmosphereric concentration of green houses gases. B.   Because of resistance from USA and OPEC countries, it failed to establish definitive quantitative restrictions to green house gas emissions at a given level. There is contention between the North and south over financial mediation.

9 8.8 Bio-diversity Conversion entered into force in aimed at conserving and sustainable use of biological, diversing, the and equitable sharing of benefits from its use, and the regulation of biotechnology A.   Members failed to agree on national lists for threatened species and areas of biological importance.

10 8.10 A.   Developed countries are obliged to provide new and additional financial resources to find the agreed full incremental costs of developing countries to implement the convention USA refused to sign the Bio- diversity convention due to pursue from the biotechnology and pharmacology business interested in resources in tropical countries. June 1993 the US signed in 1993 but siding upon members to observe certain conclusions

11 8.11 A.   The Rio Declaration and Agenda 21 outcome of cumbersome compromise between north and south with 27 principles. B.   Agenda 21 constitute non-binding action plan on empowerment and development. It avoided controversial issues like population growth, consumption patterns and the international debt of developing countries.


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