international law: unit 7 environmental law mr. morrison fall 2005

International Law: Unit 7Environmental Law

Mr. MorrisonFall 2005

Law of the Sea

Fall 2005 International Law: Unit 7 Environmental Law

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Law of the Sea

Traditional law was customary Freedom of the High Seas 3 (or 12) mile limit for territorial

waters Issues regarding fisheries Continental shelf claims


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Law of the Sea

1958 Geneva Conventions on the Law of the Sea Left many questions unanswered

1960 Conference failed Law of the Sea Conference, 1971-

82


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Law of the Sea Convention

Waters Internal (inside base lines)

Coastal State has same rights as on land Territorial (up to 12 miles from base

lines) Coastal State has sovereignty Right of innocent passage


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Exclusive Economic Zone (200 miles) Coastal State has economic rights over

fisheries, etc. Otherwise High Seas rules apply

High Seas Only “flag State” controls ships

Special rules for straits and archipelagos


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Subsurface

Under territorial waters—sovereignty

Continental shelf Out to 200+ miles Coastal State has control of resources

Beyond Continental Shelf Seabed authority

This was “sticking point” for US


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Rules for States with neighboring or opposite coasts


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Law of the Sea Convention Provisions for environmental protection

Adoption of environmental treaties by reference

Provisions for fisheries conservation Straddling stocks and Highly Migratory

Species Dispute resolution

International Tribunal on Law of the Sea Other dispute resolution mechanisms

Environmental Law


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Traditional environmental law

A State may not allow its territory to be used to cause significant environmental harm to another State

Trail Smelter arbitration

Based on principles of State Responsibility


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Problems with traditional approach

Only remedies point-to-point problems (e.g., smoke), not “global” problems (affecting all parties)

Doesn’t provide standards


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Modern approach

Two major declarations Stockholm Declaration on the Human

Environment (1972) Rio Declaration on Environment and

Development (1992)


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Principles of international environmental law Good neighborliness Preventive Precautionary Best available practices Polluter pays Sustainable development Common, but differentiated,

responsibility


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Treaties to implement these principles in various areas

Air Convention on Long Range

Transboundary Air Pollution (European) Protocols on SO2, Heavy metals, NOxides,

etc.

Atmosphere Vienna Convention on the Ozone Layer

Montreal and other Protocols


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Treaties (cont’d)

Atmosphere (cont’d) Framework Convention on Climate

Change Kyoto protocol

Wildlife and biodiversity Whaling Convention Convention on International Trade in

Endangered Species (CITES)


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Treaties (cont’d) Wildlife and biodiversity

Biodiversity Convention Cartenaga Protocol on Biohazards

Deserts UN Framework Convention on

Desertification Wetlands

Ramsar Convention


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Treaties (cont’d)

Hazardous Wastes and Activities Basel Convention on Hazardous

Waste Convention on Industrial Accidents

Procedural treaties


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Common elements of treaties Framework conventions

First step is identify problem and committing to study and remedy it

Implementation through Protocols Second step is to make specific rules Ratified like a convention

Technical Annexes (Appendices, Schedules) Note method of adoption


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Common aspects of treaties (cont’d)

Institutionalization Meetings of parties (MOPs and COPs) Secretariats

Compliance Use of “compliance” not

“enforcement” Financial incentives for compliance


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Major issues

Trade-off between environment and development (the Rio Conference issue)

Trade-off between environment and economic interests (the Kyoto issue)

international law: unit 7 environmental law mr. morrison fall 2005

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