International Environmental Law

1. International Environmental Law Molly Lachlan and Adam

2. Principals of International Environmental Law • States may not allow their territory to be used in a way that is prejudicial to the rights of a another state of states • Trail Smelter arbitration: USA claimed compensation from Canada for damage caused by air pollution • States are required to cooperate to prevent and mitigate trans-boundry environmental harm • The Lac-Lanoux Arbitration: France was obliged to consider the interests of Spain in preparing a scheme for water diversion

3. Protection of the Atmosphere • Montreal Protocol on substances that deplete the Ozone layer 1987: Set targets for the elimination of consumption and production of Ozone depleting substances • Framework Convention on Climate Change 1992: Recognised the atmosphere as a common resource of vital interest to mankind • Kyoto Protocol: Signed and ratified by 55 countries in 2005. Developed countries committing to a decrease 5-9% over 1990. Australia has signed. • Copenhagen Conference: Adjustments to the Kyoto protocol in December 2009.

4. The Brundtland Report • Defined sustainable development • “Development which meets the needs of present generations while not compromising the ability of future generations to also meet their needs”

5. The Rio Declaration • Sets out 27 principles to guide the international community in achieving sustainable development including: • Precautionary Principle : Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degredation

6. (Cont.) • Intergenerational equity: the needs of future generations must not be compromised though waste or damage to the environment by current users • Polluter pays: environmental costs should be included in the valuation of assets and services and those who generate waste should bear the cost of containment, avoidance or abatement

7. Marine Resources • Law of the Sea • Based on customary international law and international conventions • UN Conference on the Law of the Sea (1958) and UN Convention on the Law of the Sea (1982) [UNCLOS] entered into force in 1994 • Balance the competing interests arising from different uses of the sea • E.g navigation, fishing, scientific research and waste disposal

8. Exclusive Economic Zone (EEZ) • Extends from the outer limit of the territorial sea to 200 miles from baselines. • A coastal state has sovereign rights over natural resources in its EEZ • Other states have certain freedoms associated with the high seas including navigation. • Under UNCLOS [1982] a coastal state has preferential but not exclusive rights to fish in its EEZ • Australia in 1972 declared jurisdiction over fisheries within 200 miles by declaring an Australian Fishing Zone (AFZ) in 1994 declared a 200 mile EEZ

10. Fisheries • State determines total allowable catch which is the degree of exploitation to maintain populations of harvested species at levels that can produce a maximum sustainable yield. • Australia has signed treaties in the pacific regions to allow other countries to fish in Australian fishing zones, though the fishing of several species of marine life is forbidden in Australia. E.g. whales. • States have special obligations of the conservations individually and in cooperation with other states.

11. Pollution • Pollution from ships is regulated by the international convention for the prevention of pollution from ships 1973. • Deals with accidental spillages from ships. • Dumping of wastes from land based activities is covered by the convention for the prevention of maritime pollution by the dumping of waste and other matter. • Regulates sea dumping my establishing different categories of waste. (permits can be granted by the state).