International Environmental Law and Development

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International Environmental Law Enforcement at Local Level for Climate Change Mitigation to Achieve Sustainable Development in India

International Environmental Law Enforcement at Local Level for Climate Change Mitigation to Achieve Sustainable Development in India

The growth of international environmental law has compelled us to revisit to our existing political, economic and social values and structure both at national and international levels. Many general principles and rules like Principle 21 of Stockholm, Principle 2 of Rio and the good neighbour lines are sufficiently substantive to be capable of establishing the basis of an international cause of action i.e. to give rise to an international customary legal obligation the violation of which would give rise to a legal remedy. Climate Change is a serious global environmental concern [1-6]. It is primarily caused by the building up of Green House Gases (GHGs) in the atmosphere [7]. Global Warming is a specific example of the broader term “Climate Change” and refers to the observed increase in the average temperature of the air near earth’s surface and oceans in recent decades [8-12]. The clean development mechanism [CDM] allows developing countries to generate Kyoto permits that can be traded in an international market for projects that otherwise would not have been undertaken and which reduce emissions below a baseline [13-15]. The biggest climate impact has been on changing weather patterns in South Asia [16-18]. Over the last 50 years, rising temperatures have led to a nearly 10 percent reduction in the duration and rainfall levels of the annual monsoons that are vital to nearly all Indian agriculture [19].
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Adjudicating International Environmental Law Litigation: Recent Development of Case Law

Adjudicating International Environmental Law Litigation: Recent Development of Case Law

The implications of the case law can be best evaluated in terms of the juris- prudence which had been created (Martin, Robert, & Sarah, 2011). It can be stated that while exploring environmental legal principles, it becomes necessary to investigate human rights encompassed within legal disputes (Ruchi, 2017). EIA is that tool which helps in respecting human rights’ elements strongly linked with environmental standards (Ole, David, & Wang, 2011). There are still loop- holes prevalent within the international environmental law and inclusion of EIA has helped in addressing some of the loopholes (Oran, 2011). The ICJ judgment had shifted focus of individuals towards a new jurisprudence where EIA does not form an important component of the customary international law; however, it shall address obligations related to due diligence (Michael et al., 2013). An area has been left unanswered in the pulp mill case, i.e. whether relevance of EIA would exist or will emerge only when there is any human rights’ obligation (Barry & Barry, 2012)? The jurisprudence of including EIA within the interna- tional environmental law shall gain further significance with future develop- ments in this particular area (Alexander & Robert, 2012). It is evident from this case that the ICJ’s judgement revolved around proving that the Uruguay’s wrongful conduct was a mere reflection of Argentina’s satisfaction. In trans- boundary operations, disputes often emerge due to environmental standards (Bruno, 2013). Therefore, in scenario where cross-boundary operations are in- volved, the need for impact assessments arises (Philippe, 2017). In the future scenario, the international tribunals and the national courts would surely take into account the ICJ’s jurisprudence in the pulp mill case. The ICJ’s final judge- ment was given while critically examining Article 41(a) included within the 1975 Statute (Philippe, 2017). When a state guarantees operations being conducted with due diligence, then it becomes essential to conduct a thorough environ- mental assessment (Alan, 2012). On the contrary, when trans-boundary opera- tions constitute the risk of industrial activities having an adverse impact on the environment then the inclusion of EIA becomes mandatory (Dirk, Andreas, & Sandra, 2011). Customary law obligations should not only be confined to inves- tigating the basic environmental standards (Manfred, et al., 2012). From a broader perspective, states must even conduct EIA so as to address their due diligence obligation (Jessica & Enrique, 2012).
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International Law and Environmental Justice

International Law and Environmental Justice

When Twenty-First century started, the body of human rights law joined on the international scene by a growing body of international environmental law. It was as a result of development of international law and human rights. Apparently it seems these two influential areas of law have different aims and objectives but protection of environment is in line with preservation of human rights. The reason for this assumption is that Live in healthy environment is one of fundamental rights for human and clean water and clean air are the most important elements for human life. for example in introduction of Agenda 21 in section 1 emphasize on unequal situations between countries and lack of health, illiteracy and poverty Is deteriorating also the section 20 of Agenda 21 is about Hazardous wastes and expresses about a kind of questionable new trades, namely transfer of these materials to developing countries. Although Bamako treaty concluded as a defensive measure to prevent entry of hazardous wastes to Africa, but all developing countries are pressurized by developed countries for accepting them. For this reason environmental justice would be understandable. Concept of environmental justice may differ in international, national, and local scope; this article notice to international aspect of it. At the international level claims that governments and multinational corporations are exploiting native peoples and the impoverished conditions of developing nations. The United States Environmental Protection Agency (EPA) defined “Environmental justice” as the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, culture, education or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies. 3 Also professor Bunyan Bryant defines environmental justice as referring " to those cultural
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PRINCIPLE OF INTERGENERATIONAL AND INTRA- GENERATIONAL EQUITY UNDER INTERNATIONAL ENVIRONMENTAL LAW

PRINCIPLE OF INTERGENERATIONAL AND INTRA- GENERATIONAL EQUITY UNDER INTERNATIONAL ENVIRONMENTAL LAW

Intergenerational equity contains inter-temporal implications in respect of the utilization of the resources, it tends to a fair utilization of resources by human generations in past, present and future, it tries to construct a balance of consumption of resources by existing societies and the future generations. Inter-temporal aspects tries to make a balance between the distribution of resources and recycling of resources to a good extend, which is a very concerning issue due to the growing degradation of environment and depletion of resources. This concept has been supported by the domestic laws, The Supreme court of Philippines held in Minors Oposa v Secretary of the Department of Environment and Natural Resources 5 , that each generation has the responsibility for future generations to preserve natural resources for full enjoyment of the natural ecology 6 . The concept of intergenerational equity promotes socio-economic development and it makes a bridge between social and economic development with environmental protection.
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The Linkage between International Environmental law and Natural Sciences: Challenges and Solutions

The Linkage between International Environmental law and Natural Sciences: Challenges and Solutions

The vagueness of the phrases and terms in the provisions of both the ‘‘United Nations Framework Convention on Climate Change’’ (UNFCCC) and the Kyoto Protocol reflects the scientific uncertainty which prevailed in the past, regarding both their objectives and the specific policies to combat climate change. For instance, according to Article 2, the UNFCCC seeks “the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”. The UNFCCC does not, however, stipulate what the level of the “dangerous anthropogenic interference” (DAI) with the climate environment should be. Neither did the agreement associate this objective with any specific emission reduction target or any upper threshold in the temperature rise. In a separate paragraph (not related to the DAI goal) it merely “urged” Annex I countries to reduce their GHG emissions to 1990 levels by 2000, mixing its binding legal nature with soft law. Nor is a subsequent interpretation of the meaning of this provision an easy matter, since assessing what actions lead to DAI involves complex scientific and evaluative judgements. There continues to be a scientific dispute over where to set the threshold after which the anthropogenic interference with the climate system will become dangerous. It would ordinarily be desirable to set a goal that embodies a comfortable margin of safety, but even small increments where the goal has been set can have serious effects on the economic and social development. Thus, setting the goals is a matter of enormous scientific, economic and political complexity and difficulty. Fortunately, the global scientific community has largely moved on from the question of whether human activities are contributing to the climate change (Gerrard et al, 2010: 152).
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Trends of Development of International Water Law

Trends of Development of International Water Law

This hectic normative development is, moreover, of a much diversified character. Mirroring trends which had already been at the origin of the formidable development of International law at large, more broadly over the last seven decades, and which had led a leading scholar to adroitly proclaim the post-ontological hour of interna- tional law (Franck, 1995), it seems arguable that this progress has in general been happening by cross-fertilizing the traditionally rather impermeable body of international water law with other fields of international law 7 . This global trend towards the corpus iuris of international water law building bridges with other fields of internation- al law—and namely, international environmental law, international law of human rights and international eco- nomic law—may therefore be summarily apprehended in three main substantive “friendships” or “leanings” of international water law, its newer value or teleological choices: A choice towards “naturalizing”, “environmen- talising” or “greening” international water law; a trend towards “humanizing” international water law or, more broadly, rendering it more inclusive; and, more recently, a leaning towards looking more attentively at water, and the international law which is related to it, through a more consciously economic angle.
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International Energy and Environmental Law

International Energy and Environmental Law

Development (Bruntland Report), "Our Common Future", Chapter 7, para. 88. Sustainable development is defined as the ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. International jurisprudence only contributed to enrich such definition to a limited extent, see Sands, P., "International Courts and the Application of the Concept of Sustainable Development”, Max Planck UNYB, vol. 3, 1999, 389-405. In the ICJ, 25 September 1997, Gabcikovo-Nagymaros case/Hungary v. Slovakia, ICJ Reports 1997, the Court refrained from defining sustainable development as an international law principle. The “normative value” enjoyed by the concept was nevertheless highlighted, see Gabcikovo-Nagymaros Project/Hungary v. Slovakia, Separate Opinion of Vice-President Weeramantry, and eminently described as a “meta- principle” exercising a kind of interstitial normativity, pushing and pulling the boundaries of true primary norms threatening to overlap and conflict with each other, see Lowe, A., “Sustainable Development and Unsustainable Arguments”, in: Boyle, A. and Freestone, P., eds., International Law and Sustainable Development: Past Achievements and Future Challenges, Oxford University Press, Oxford, 1999, 31. A large part of the doctrine reasoned on the complexity of defining sustainable development in legal terms, see e.g. Pallemaerts, M., “The Future of Environmental Regulation: InternationalEnvironmental Law in the Age of Sustainable Development: a Critical Assessment of the UNCED Process”, The Journal of Law and Commerce, vol. 15, 1996, 623-676, 630-634 and Di Monte, M., “Il principio dello sviluppo sostenibile: affermazione ed evoluzione”, in: Nascimbene, B. and Garofalo, L., eds., Studi su ambiente e diritto. Il diritto dell’Unione europea, Cacucci Editore, Bari, 2013, 49-62. Difficulties inherent to the implementation of the concept were recently addressed by Viñuales, J.E., “The Rise and Fall of Sustainable Development”, RECIEL, vol. 22, ed. 1, 2013, 3-13.
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Contributions of the Environmental Non Governmental Organisations and international law on climate change

Contributions of the Environmental Non Governmental Organisations and international law on climate change

climate developped quickly with the adoption of the Rio Declaration in 1992, another statement of principles, and the UNFCCC in 1992 that aimed to stabilising the greenhouse gas (GHG) concentration and the development of the Kyoto Protocol in 1997 during the third COP3 held in Kyoto, Japan [7] that engages the developed countries and the developping ones to achieve the goals of the UNFCCC [9] because climate change will be one of the major forces that will influence perspectives of the human development during the 21st century. By its impact on the ecology, precipitations, temperatures and climatic systems, global warming will directly affect all the countries. Nobody will be spared. However, some countries and individuals are more vulnerable than others. In the lNGOs term, whole humanity is exposed to the risks. Nevertheless, more immediately, risks and vulnerabilities concern mainly the most disadvantaged populations of the world. Climate change will strike a world characterised by serious human development failures. Many doubts remain about the chronology, the nature and the scale of the impacts to come. However, the forces released by global warming will probably amplify the existing handicaps. The place and the means of subsistence will become powerful determining factors concentrated in fragile ecological zones, on arid grounds exposed to drought, in easily flooded coastal areas and in precarious urban slums where the poor are submitted to the risks of climate change. Moreover, they are deprived of resources cope with these risks. [10]
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The development of the international law of marine fisheries

The development of the international law of marine fisheries

the fact that the effectiveness of a regulatory regime involving catch lim itations would be reduced by temporary changes in the environment re­ sulting in a temporary reduction in the productivity of a fish [, for ex­ ample,] was not necessarily grounds for the rejection of that type of regulatory regime. The [MSY] was to a large extent an average concept. Since environmental changes whose nature could not be foreseen would pre­ sumably occur, i t was probable that any quota would occasionally result in catches above or below that average. A further example relating to the economic factors was that of a resource which for one reason or an­ other was at a level below that which produced the [MSY]. While the gen­ eral rule was that measures should be instituted to restore the resource to the optimum level as quickly as possible, that need not to be done im­ mediately i f such action would produce economic catastrophe for one or another of the parties involved. The recovery process might be extended over a longer period if there were compelling economic reasons. Further, the reference to relevant economic factors in [relation to MSY] empha­ sized the fact that decisions on management measures should be economi­ cally sound, serving to promote the health and efficiency of the world fisheries industry and to meet the ever-growing demand for low-cost food. A / A C . 1 3 8 / S C . I I / L . 1 0 , i n A / 8 7 2 1 , s u p r a n 4 6 , 1 8 0 - 1 8 2 . T h e p r o p o s a l h a d b e e n a d v a n c e d b y K e n y a e a r l i e r t h a t y e a r t o t h e A s i a n - A f r i c a n L e g a l C o n s u l t a t i v e C o m m i t t e e , w h i c h e n d o r s e d i t ( A s i a n - A f r i c a n L e g a l C o n s u l t a t i v e
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Scotland after Brexit : Environmental Law

Scotland after Brexit : Environmental Law

Environmental law is a founding competence of the Scottish Parliament. It is also an area of extensive EU competence as a flanking policy of the single market and in response to developments in international law. Setting a Scottish specific approach to the repatriation of environmental competence from the EU will be a key area of policy development during and after the Brexit negotiations. As such it will be a key shaper of the overall approach Scotland takes to determining its post Brexit future. This blog looks at the key issues involved, including whether there will be opportunities to extend Scottish powers with regard to those held at UK level. It also looks at ways in which Scotland can keep in line with EU environmental policy and practice, for example if it decides to pursue constitutional change to allow a closer relationship with the EU than the UK seems ready to develop.
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Law and Development into the 1990s: The Need to Use International Law to Impose Accountability to People on International Development Actors

Law and Development into the 1990s: The Need to Use International Law to Impose Accountability to People on International Development Actors

The argument pressed here is that those people, and all others concerned, must have the power to hold IDAs accountable to environmental standards derived from universal hu[r]

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Hydroelectric Dams: Transboundary Environmental Effects and International Law

Hydroelectric Dams: Transboundary Environmental Effects and International Law

285. Id. Note, however, that while many of the same themes were agreed to through the creation of these treaties, neither the United States nor Canada ratified the UN Con- vention. See Multilateral Treaties Deposited with the Secretary-General, supra note 183. 286. The creation of the IJC shows yet another application of including general prin- ciples in a bilateral treaty, which ultimately makes those otherwise unenforceable prin- ciples legally binding, Specifically, the IJC clearly recognizes the overall themes of the Pre- cautionary Principle and the Principle of Sustainable Development. This is clear based on the Treaty’s focus on the States working together to preserve the water for today’s use (presumably by doing careful analyses of impacts on the environment of each State) and by doing this in such a way so as to preserve for future generations. See generally Boundary Waters Treaty, supra note 277.
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Environment and Development: Accountability Through International Law

Environment and Development: Accountability Through International Law

of marine pollution, the conservation of migratory animals, and the management of transboundary environmental risks have been clarified by international agreement, state[r]

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Environmental Impact Statements and Public Participation in International Investment Law

Environmental Impact Statements and Public Participation in International Investment Law

Development Co-operation 63 which was developed in response to continued requests for guidance on how to implement environmental assessment in conjunction with development aid. Although designed for the purpose of extending development aid to developing states, this document addresses the potential utility of SEA to attract foreign direct investment for the purpose of public infrastructure. 64 While developed in the context of donor-based aid, typically from development agencies, this document can be used to evaluate profit-motivated capital injections from the private sector. The rationale for integrating SEA with an investment project is that this process identifies how the projects are affected by external factors, which involves recording any existing environmental issues. This will allow potential cumulative impacts to be identified such that the technologies that are being used can be optimized. The SEA methodology facilitates the planning of infrastructure projects to be integrated with environmental planning at an early stage through a participatory process. This will allow “stakeholders at all levels” (not identified further) to consider the project and discuss environmental (as well as social and cultural) needs and constraints. 65 Failure to use SEA is often depicted as carrying important financial costs, rather than exclusively environmental ones; for example the guide notes that costs involved “might consist of unbudgeted time and resources in handling disputes with local communities or mitigation of avoidable harm through pollution. In extreme cases, it may be necessary to relocate or redesign facilities.” 66
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Conclusion: The Need for International Law

Conclusion: The Need for International Law

Within the past decade a new International Law of Development (ILD) has been established which complements International Human Rights Law and also impacts on the c[r]

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Sustainable environmental development strategies in construction and manufacturing

Sustainable environmental development strategies in construction and manufacturing

the environment. Soils are a big saver of carbon: four times the atmosphere and three times the trees around the world. However, the world soils have lost 100 billion tons of carbon over the past 10,000 years in response to cultivation and deforestation (Mulligan, Yong and Gibbs, 2001). When the soil is plowed, roots and other carbon containing plants become exposed to air and oxidation by carbon dioxide. It is suitable for eliminating weeds, but it is at the expense of liberation of carbon. Soil pollution is typically a result of unhealthy habits, different agricultural activities, and wrong methods of discharging solid and liquid wastes (Fishman and Seiler, 1983). In addition, fall of air polluting factors in response to precipitations can also be involved in development of soil pollution. Soil becomes polluted in response to imprudence by chemicals including heavy metals and oil industry products, whereby it enters the food cycle, surface or groundwater, and eventually the human body. Among the different soil pollutants, the most important ones include biological and chemical contaminations (Mulligan, Yong and Gibbs, 2001). As we know, discharging wastes results in soil pollution. On the other hand, production of wastes is a byproduct of industrialization. In the industry, given the extent of activity, type of technology used, the employed raw materials, and existence of recycling systems, significant amounts of wastes are produced, whose management is vital environmentally. In recent years, soil pollution resulting from usage of mineral compounds including Mercury, cadmium, lead, arsenic, copper, zinc, nickel, manganese, etc. has attracted a great deal of attention. Lead enters the atmosphere through gasoline combustion and motor vehicles and burning coal along with other human activities, and precipitates on soil during rainfall and snowfall. Heavy metals are present in the composition of organic fungicides, herbicides, and insecticides, causing soil pollution (Leighton, 2007). Super phosphates and limestone typically have some cadmium, copper, manganese, nickel, and zinc, whose application may lead to soil pollution (Sukkariyah et al., 2005). Waste refers to solid, liquid (apart from wastewater) and gas materials which are directly or indirectly a result of human activity, and is considered waste by the producer. In addition, deicing agent used for snow removal operations can cause soil pollutions. Chemical toxins enter the soil through their direct application in soil can increase contaminating rates of mineral compounds, thereby polluting the soil (Shen et al., 2017).
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The Generation and Development of International Law Ideology in China

The Generation and Development of International Law Ideology in China

DOI: 10.4236/chnstd.2018.71010 119 Chinese Studies troduced a lot of things about “Wanguogongfa” (International law). For exam- ple, it introduced The Association about the Reform and Codification of the Law of Nations (Zhang, 2003) in no. 354 (1875), published Civilization, China and Christian Yi Chapter twenty-ninth: The main purpose of International law (1883) and Summary of International law ( translation ) : Prologue (1902) and Comment: Explain International law (1904) etc. These articles introduced Ele- ments of International Law and knowledge of “Gongfa” (International law) by newspapers, which were widely accepted by intellectual circles as western know- ledge (Zhang, 2013). Although intellectuals praised “Gongfa” (International law) until early 20th century, they questioned the practice that they comprehended International law as justice because Japan rose sharply in Asia. For example, “Where is the International law?” someone said in newspaper. According to In- ternational law any country should not invade other countries. But when Japan destroyed Ryukyu nations treated it with indifference and when Japan set the Japanese Resident-General of Korea on the excuse of independence of Korea they also didn’t react to it.
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The influence of teachings of publicists on the development of international law

The influence of teachings of publicists on the development of international law

Once upon a time, the teachings of publicists were considered hugely significant. The writings of Suarez, Grotius, and Vattel, for example, had a profound effect on the structure and content of international law. In the nineteenth century, judicial decisions and the literature were littered with references to the founding fathers and ‘resemble[d] catalogues of the praises of famous men’. 1 This continued into the early part of the twentieth century: ‘Hear also what Hall sayeth. Hear the comfortable words of Oppenheim’ was a reflection of the literature and case law of the period. 2 By the late twentieth century, the common view, including among publicists themselves, was that the teachings of publicists had become far less influential. 3 The decline in influence, it is said, is due to the maturation of international law since the era of the founding fathers. With the growth in the number of courts and tribunals that operate, and the rich jurisprudence that comes with it, there is less of a need to turn to the teachings of publicists. 4 The influence that publicists have on the development of international law at present is contested. Some suggest that scholars ‘may be tempted to see their offerings as more influential than they really are’, 5 while others contend that the significance of publicists’ work tends to be downplayed, 6 even that publicists ‘typically have an unjustified modesty about their own influence’. 7
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Marine bioprospecting: international law, Indonesia and sustainable development

Marine bioprospecting: international law, Indonesia and sustainable development

This definition suggests that there are two crucial elements of sustainable development, namely equity within the present generations (intra-generational) as well as between the present and the future generations (inter-generational). Taking these two elements into consideration, a legal framework for marine bioprospecting should not only be built upon the need to reaffirm sovereign rights over genetic resources and to ensure equality between States in enjoying benefits from the utilisation of genetic resources. More importantly, it should also be built upon the need to ensure the protection and preservation of the marine environment, particularly the sustainability of marine genetic resources. Given the fact that the oceans and seas form approximately 70% of the Earth’s surface, the achievement of sustainable development in marine bioprospecting activities would heavily depend on multiple actions taken at every level: national, regional and international.
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Climate Change,Environmental Security and Global Justice

Climate Change,Environmental Security and Global Justice

United Nations Convention Relating to the Status of Refugees 1951 requires (i) a fear, (ii) that is well-founded, (iii) of prosecution, (iv) based on reason of race, religion, nationality, membership in particular social group or political opinion (Note 24). The inhabitants of the small island states do not meet this definition because “climate change” and “environment” are not recognised as accepted grounds. The 1967 Protocol Relating to the Status of Refugees did not review the substantive content of the definition of “refugees” (Note 25). The 1990 International Convention on the Protection of the Right of All Migrant Workers and Members of their Families protects migrant workers and their families (Note 26). Environmental refugees were not included in the 1990 Convention. The International Organisation on Migration has proffered a definition of “environmental migrants” as:
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