Environmental law is the collection of laws, regulations, agreements and common law that governs how

humans interact with thei

r environment.
Sources of international environmental law

International environmental law is made up of binding (hard law) sources, and non-binding (soft law)
sources. Academics often disagree on the hard/soft law status of different legal instruments.

Hard law sources tend to include:

•treaties, eg conventions, accords, agreements, protocols

•customary international law

•general principles of international law, eg good faith, obligation to make reparation for breach of an
engagement

•subsidiary sources, eg decision of courts and tribunals

•binding decisions of international organisations

Soft law sources tend to include:

•most UN General Assembly resolutions, recommendations, and declarations

•principles, other than established general principles of international law

•guidelines and standards

https://www.academia.edu/6943741/Sources_of_International_Law

Principles of international environmental law

A number of principles and rules have emerged from international environmental negotiations which
have influenced the development of environmental law globally. Key principles, according to Phillippe
Sands QC in his textbook Principles of International Environmental Law, include:

principle of preventing trans boundary pollution—the sovereign right of States 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; derived from the Stockholm Declaration, principle 21

polluter-pays principle—the principle that the polluter should bear the costs of pollution they cause,
having regard to the wider public interest; referred to in the 1972 OECD Council Recommendation on
Guiding Principles Concerning the International Economic Aspects of Environmental Policies

principle of preventive action—the obligation to prevent damage to the environment at an early stage
by limiting or controlling activities which might cause or risk environmental harm; reflected in early
arbitration cases and the Stockholm Declaration

precautionary principle—the principle that where there are threats of serious or irreversible damage,
lack of full scientific certainty is not a reason for postponing cost-effective measures to prevent
environmental degradation; reflected in the Rio Declaration, principle 15

principle of cooperation—the general principle of good-neighborliness, where States are required to

take account of the interests and well-being of the rest of the world, in social, economic, and
commercial matters; derived from the Charter of the United Nations, art 74

principle of sustainable development—the principle that states should ensure the sustainable use of
resources and sustainable development. Sustainable development was defined in the World
Commission on Environment and Development's report in 1987, (Brundtland Report) as:

"...development that meets the need of the present without compromising the ability of future
generations to meet their own needs."
principle of common but differentiated responsibility—the principle that states have a common
responsibility to protect the environment but differentiated responsibilities in light of their different
contributions to global environmental degradation, eg developed states generally bear a greater
responsibility than developing states; reflected in the Rio Declaration, principle 7

The UN Framework Convention on Climate Change (UNFCCC) is an intergovernmental treaty developed

to address the problem of climate change. The Convention, which sets out an agreed framework for
dealing with the issue, was negotiated from February 1991 to May 1992 and opened for signature at the
June 1992 UN Conference on Environment and Development (UNCED) — also known as the Rio Earth
Summit. The UNFCCC entered into force on 21 March 1994, ninety days after the 50th country’s
ratification had been received. By December 2007, it had been ratified by 192 countries.

Parties to the Convention continue to meet regularly to take stock of progress in implementing their
obligations under the treaty, and to consider further actions to address the climate change threat. They
have also negotiated a protocol to the Convention. The Kyoto Protocol was first agreed in December
1997 in Kyoto, Japan, although ongoing discussions were needed between 1998 and 2004 to finalize the
“fine print” of the agreement. The Protocol obliges industrialized countries and countries of the former
Soviet bloc (known collectively as “Annex I Parties”) to cut their emissions of greenhouse gases by an
average of about 5% for the period 2008-2012 compared with 1990 levels. However, under the terms
agreed in Kyoto, the Protocol only enters into force following ratification by 55 Parties to the UNFCCC,
and if these 55 countries included a sufficient number of Annex I Parties that at least 55% of that group’s
total carbon dioxide emissions for 1990 were represented. Although the world’s largest emitter of
greenhouse gases, the United States, rejected the Kyoto Treaty in 2001 after the election of President
George W. Bush, a majority of other Annex I Parties, including Canada, Japan, and the countries of the
European Union ratified the treaty. In November 2004, the Russian Federation also ratified the Protocol,
thus reaching the 55% threshold. The Protocol finally entered into force as a legally-binding document
on 16 February 2005. By December 2007, the Protocol had been ratified by 177 countries, including
Annex I parties representing 63.7% of Annex I greenhouse gas emissions in 1990.

With the immediate future of the Kyoto Protocol secured by Russia’s ratification, an increasing focus of
discussions since 2005 has been on the multilateral response to climate change post-2012, when the
Protocol’s first commitment period expires. At the UN Climate Change Conference in Bali in December
2007, delegates agreed on a “roadmap” for 2008 and 2009 designed to bring about an agreement by
December 2009.

The Kyoto Protocol was adopted on 11 December 1997. Owing to a complex ratification process, it
entered into force on 16 February 2005. Currently, there are 192 Parties to the Kyoto Protocol.
In short, the Kyoto Protocol operationalizes the United Nations Framework Convention on Climate
Change by committing industrialized countries and economies in transition to limit and reduce
greenhouse gases (GHG) emissions in accordance with agreed individual targets. The Convention itself
only asks those countries to adopt policies and measures on mitigation and to report periodically.

The Kyoto Protocol is based on the principles and provisions of the Convention and follows its annex-
based structure. It only binds developed countries, and places a heavier burden on them under the
principle of “common but differentiated responsibility and respective capabilities”, because it recognizes
that they are largely responsible for the current high levels of GHG emissions in the atmosphere.

In its Annex B, the Kyoto Protocol sets binding emission reduction targets for 37 industrialized countries
and economies in transition and the European Union. Overall, these targets add up to an average 5 per
cent emission reduction compared to 1990 levels over the five year period 2008–2012 (the first
commitment period).

What is the Kyoto Protocol?

The Kyoto Protocol is a treaty created by the United Nations in 1997 that aimed to reduce carbon
emissions worldwide, thereby combating global warming or climate change. The name, Kyoto, was
derived from the city in Japan where the protocol was adopted.

Kyoto Protocol

The Kyoto Protocol was an extension of the UN’s 1992 Framework Convention on Climate Change. The
convention initially committed to reduce greenhouse gas emissions. It was based on the UN’s belief that
there was a consensus among the scientific community that global warming is a real phenomenon, and
is primarily caused by carbon emissions made by human activities.

Summary

The Kyoto Protocol was a treaty created by the United Nations in 1997 to combat the problem of
greenhouse gas (carbon) emissions.

The Protocol focused on developed nations as being the primary sources of carbon emissions and
exempted developing nations from the protocol’s requirements.

The Kyoto Protocol was essentially replaced by the Paris Climate Accord in 2015.
What Does the Protocol Cover?

The Kyoto Protocol applies to the following six greenhouse gases:

 Carbon dioxide
 Nitrous oxide
 Methane
 Perfluorocarbons (PFCs)
 Hydrofluorocarbons (HFCs)
 Sulfur hexafluoride

Although the Protocol was adopted in 1997, it did not go into effect until 2005. In 2012, the Kyoto
Protocol was extended with the adoption of the Doha Amendment.

The Protocol focused on demands that 37 developed nations work to reduce their greenhouse gas
emissions. It placed the burden for emission reductions on developed nations, viewing them as largely
responsible for carbon emissions.

Developing nations were only asked to comply voluntarily. The Protocol’s approach in such regard was
defined in the treaty as the principle of “common but differentiated responsibility and respective
capabilities.” It included establishing a “carbon credits system,” whereby nations can earn credits by
participating in emission reduction projects in other nations.

Problems with the Protocol

The facts about carbon emissions, however, appear to show that the UN’s reasoning is flawed. For
example, less developed nations – which are likely to be more reliant on coal as an energy source and
less likely to impose restrictive environmental laws – in fact, account for much of the worldwide total of
carbon emissions.

China and India together account for approximately 35% of total carbon emissions, as of 2020, while the
developed nations of the UK, France, and Germany combined, only account for 4% of the world’s carbon
emissions. Yet China and India were both exempted from the treaty’s requirements, which only apply to
37 developed nations.

Critics of the Kyoto Protocol argue that it is extremely easy for 155 signatory nations out of the 192 to
vote in favor of it when they are exempted from all of its requirements.
The Current State of the Kyoto Protocol

The Doha Amendment in 2015 extended the Protocol to 2020. However, it became a moot point shortly
thereafter when the Paris Climate Accord was signed by most of the original ratifiers of the Kyoto
Protocol. The U.S. initially signed the Paris Climate Accord but later withdrew from the agreement.

Like the Kyoto Protocol that preceded it, the Paris Climate Accord was also subjected to much criticism.
For example, the Accord is criticized for only requiring that a country submit a statement that it intends
to work on reducing carbon emissions at some point in the future for it to be considered as fulfilling the
requirements of the agreement. In contrast, it doesn’t require countries to actually do anything to
reduce carbon emissions right now.

An example of how the agreement’s structure falls short can be seen by looking at the nation of Brazil. It
submitted a statement that it intends to start working on reducing carbon emissions by 2%, starting in
2040. That “do nothing” statement is all that’s required to certify Brazil as being a signatory in good
standing of the Paris Climate Accord.

Even if every signatory country met its stated carbon emissions reductions targets, it would only put a
small dent in the total amount of carbon emissions worldwide. John Kerry, the former U.S. Secretary of
State, stated that even if the U.S. eliminated all its carbon emissions, “that still wouldn’t be enough to
offset the carbon pollution coming from the rest of the world.”

Summary of the Paris Agreement

At COP 21 in Paris, Parties to the UNFCCC reached a landmark agreement to combat climate change and
to accelerate and intensify the actions and investments needed for a sustainable low carbon future. The
Paris Agreement builds upon the Convention and – for the first time – brings all nations into a common
cause to undertake take ambitious efforts to combat climate change and adapt to its effects, with
enhanced support to assist developing countries to do so. As such, it charts a new course in the global
climate effort. The Paris Agreement’s central aim is to strengthen the global response to the threat of
climate change by keeping a global temperature rise this century well below 2 degrees Celsius above
pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees
Celsius. Additionally, the agreement aims to strengthen the ability of countries to deal with the impacts
of climate change. To reach these ambitious goals, appropriate financial flows, a new technology
framework and an enhanced capacity building framework will be put in place, thus supporting action by
developing countries and the most vulnerable countries, in line with their own national objectives. The
Agreement also provides for enhanced transparency of action and support through a more robust
transparency framework. The Paris Agreement requires all Parties to put forward their best efforts
through “nationally determined contributions” (NDCs) and to strengthen these efforts in the years
ahead. This includes requirements that all Parties report regularly on their emissions and on their
implementation efforts. There will also be a global stocktake every 5 years to assess the collective
progress towards achieving the purpose of the agreement and to inform further individual actions by
Parties. In terms of next steps, the Paris Agreement will be open for signature on 22 April 2016 – Earth
Day – at UN Headquarters in New York. The agreement will enter into force 30 days after 55 countries
that account for at least 55% of global emissions have deposited their instruments of ratification.
Pending entry into force, a new Ad Hoc Working Group on the Paris Agreement will prepare for the
entry into force of the Agreement and the first session of the governing body of the Paris Agreement,
namely the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement
(CMA).

Essential Elements

The Paris Agreement, adopted through Decision 1/CP.21, addresses crucial areas necessary to combat
climate change. Some of the key aspects of the agreement are set out below:

 Long-term temperature goal (Art. 2) – The Paris Agreement, in seeking to strengthen the global
response to climate change, reaffirms the goal of limiting global temperature increase to well below 2
degrees Celsius, while pursuing efforts to limit the increase to 1.5 degrees.

 Global peaking (Art. 4) –To achieve this temperature goal, Parties aim to reach global peaking of
greenhouse gas emissions as soon as possible, recognizing peaking will take longer for developing
country Parties, so as to achieve a balance between anthropogenic emissions by sources and removals
by sinks of greenhouse gases in the second half of the century.

 Mitigation (Art. 4) – The Paris Agreement establishes binding commitments by all Parties to prepare,
communicate and maintain a nationally determined contribution (NDC) and to pursue domestic
measures to achieve them. It also prescribes that Parties shall communicate their NDCs every 5 years
and provide information necessary for clarity and transparency. To set a firm foundation for higher
ambition, each successive NDC will represent a progression beyond the previous one and reflect the
highest possible ambition. Developed countries should continue to take the lead by undertaking
absolute economy-wide reduction targets, while developing countries should continue enhancing their
mitigation efforts, and are encouraged to move toward economy-wide targets over time in the light of
different national circumstances.

 Sinks and reservoirs (Art.5) –The Paris Agreement also encourages Parties to conserve and enhance,
as appropriate, sinks and reservoirs of greenhouse gases as referred to in Article 4, paragraph 1(d) of the
Convention, including forests.

 Market and non-markets (Art. 6) – The Paris Agreement establishes a mechanism to contribute to the
mitigation of greenhouse gas emissions and support sustainable development, as well as defining a
framework for non-market approaches to sustainable development.

 Adaptation (Art. 7) – The Paris Agreement establishes a global goal to significantly strengthen national
adaptation efforts – enhancing adaptive capacity, strengthening resilience and reduction of vulnerability
to climate change – through support and international cooperation. It also recognizes that adaptation is
a global challenge faced by all. All Parties should submit and update periodically an adaptation
communication on their priorities, implementation and support needs, plans and actions. Developing
country Parties will receive enhanced support for adaptation actions.

 Loss and damage (Art. 8) – The Paris Agreement significantly enhances the Warsaw International
Mechanism on Loss and Damage, which will develop approaches to help vulnerable countries cope with
the adverse effects of climate change, including extreme weather events and slow-onset events such as
sea-level rise. The Agreement now provides a framework for Parties to enhance understanding, action
and support with regard to loss and damage.

 Support (Art. 9, 10 and 11) – The Paris Agreement reaffirms the obligations of developed countries to
support the efforts of developing country Parties to build clean, climate-resilient futures, while for the
first time encouraging voluntary contributions by other Parties. Provision of resources should also aim to
achieve a balance between adaptation and mitigation. In addition to reporting on finance already
provided, developed country Parties commit to submit indicative information on future support every
two years, including projected levels of public finance. The agreement also provides that the Financial
Mechanism of the Convention, including the Green Climate Fund (GCF), shall serve the Agreement.
International cooperation on climate-safe technology development and transfer and building capacity in
the developing world are also strengthened: a technology framework is established under the
agreement and capacity building activities will be enhanced through, inter alia, enhanced support for
capacity building actions in developing country Parties and appropriate institutional arrangements.

 Transparency (Art. 13) – The Paris Agreement relies on a robust transparency and accounting system
to provide clarity on action and support by Parties, with flexibility for their differing capabilities. In
addition to reporting information on mitigation, adaptation and support, the agreement requires that
the information submitted by each Party undergoes international review. The Agreement also includes a
mechanism that will facilitate implementation and promote compliance in a non-adversarial and
nonpunitive manner, and will report annually to the COP.

 Global Stocktake (Art. 14) – A “global stocktake”, to take place in 2023 and every 5 years thereafter,
will assess collective progress toward meeting the purpose of the Agreement in a comprehensive and
facilitative manner. Its outcomes will inform Parties in updating and enhancing their actions and support
and enhancing international cooperation.

 Decision 1/CP.21 also sets out a number of measures to enhance action prior to 2020, including
strengthening the technical examination process, enhancement of provision of urgent finance,
technology and support and measures to strengthen high-level engagement. The decision also
welcomed the efforts of all non-Party stakeholders to address and respond to climate change, including
those of civil society, the private sector, financial institutions, cities and other sub-national authorities.
These stakeholders were requested to scale up their efforts and showcase them via the Non-State Actor
Zone for Climate Action platform (link to http://climateaction.unfccc.int/.). Parties also recognized the
need to strengthen the knowledge, technologies, practices and efforts of local communities and
indigenous peoples, as well as the important role of providing incentives through tools such as domestic
policies and carbon pricing.

Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations
of the United Nations System, Governments, and Major Groups in every area in which human impacts
on the environment.

What are the main points of Agenda 21?

Agenda 21 is an immense document of 40 chapters outlining an 'action plan' for sustainable

development, covering a wide range of specific natural resources and the role of different groups, as
well as issues of social and economic development and implementation.

Stockholm Declaration, 1972

The United Nations Conference on Environment and Development in its first global conference in
Stockholm in 1972 made a declaration (Declaration of the United Nations Conference on the Human
Environment), addressing the environmental challenges. It attempted to promote economic growth
along with sustainable development of the environment. It also addressed the challenges faced by the
developing countries due to lack of food and shelter and the developed countries due to the process of
rapid industrialization.

The 1972 United Nations Conference on the Environment in Stockholm was the first world conference to
make the environment a major issue. The participants adopted a series of principles for sound
management of the environment including the Stockholm Declaration and Action Plan for the Human
Environment and several resolutions.

The Stockholm Declaration, which contained 26 principles, placed environmental issues at the forefront
of international concerns and marked the start of a dialogue between industrialized and developing
countries on the link between economic growth, the pollution of the air, water, and oceans and the
well-being of people around the world.

The Action Plan contained three main categories: a) Global Environmental Assessment Program(watch
plan); b) Environmental management activities; (c) International measures to support assessment and
management activities carried out at the national and international levels. In addition, these categories
were broken down into 109 recommendations.

What was the Brundtland Commission report?

Brundtland Report, also called Our Common Future, publication released in 1987 by the World
Commission on Environment and Development (WCED) that introduced the concept of sustainable
development and described how it could be achieved.

What is the importance of World Commission of Environment and development?

The aim of the Brundtland Commission was to help direct the nations of the world towards the goal of
sustainable development. The commission is also known as the World Commission on Environment and
Development (WCED). It operated from 1984 to 1987. The commission published its results in the
Brundtland report in 1987.

Sustainable development :

What sustainable development really means?

Sustainable development has been defined in many ways, but the most frequently quoted definition is
from Our Common Future, also known as the Brundtland Report: "Sustainable development is
development that meets the needs of the present without compromising the ability of future
generations to meet their own needs."

Some of these challenges include: climate change, energy consumption, waste production, threats to
public health, poverty, social exclusion, management of natural resources, loss of biodiversity, and land
use.