323-International Environmental Law

International Environmental Law
Shannon Gibson, PhD
University of Southern California
Prior to 1945
bilateral
fragmented
History of International Environmental Law
1945 - 1972
issues taken up in UN
UN Charter weak
1972 - 1991 (Stockholm era)
1st int'l enviro summit
Twenty Six Guiding Priniciples
Principle 21 = States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
1992 and on (Rio and Beyond)
1987 Brundtland Report
Rio Summit deliverables
Setbacks at Johnnesburg
Functions
Legislative
Administrative
Adjudicative
Elements of International Law
Bilateral and Multilateral Treaties
formal agreement b/w 2 or more parties
Including bilateral, # in the thousands
Vary in scope, obligations, oversight & enforcement
Sources of Enviromental Law
Actors
States
Regimes
NGOs
Corporations
Steps in Treaty Creation
Identify needs/goals
Drafting
Negotiations
Adoption/Authentication
Ratification
Limited consent/reservations
Entry into force
Binding Acts of IGOs
Sources of Environmental Law
International Case Law
Arbitration Cases = Bering Sea Fur Seal & Trail Smelter
Newest ICJ Case?
Customary International Law
global state practice
opinio juris
Soft Law
Sustainable Development
General Principles / Norms
Common but differentiated responsibilities
Polluter-Pays Principle
Precautionary Principle
Air Quality
Law by Issue Area
Waste
Hazardous Substances
Protection of Flora & Fauna
Protection of Marine Environment
Protection of Freshwater Resources
Sovereignty & responsibility
Good neighborliness
The Argument Against International Environmental Law.....???