THE ENVIRONMENT AND INTERNATIONAL SOCIETY ARE INTIMATELY

CONNECTED, WITH ENVIRONMENTAL ISSUES INCREASINGLY BECOMING

A CONCERN FOR THE GLOBAL COMMUNITY. HERE ARE SOME KEY
CONCEPTS AND DEFINITIONS RELATED TO THIS TOPIC:

Environmental issues: These are problems that arise from the interaction between humans
and the natural world, such as pollution, climate change, deforestation, and biodiversity loss.

Sustainable development: This is the idea that economic development should occur in a
way that meets the needs of the present without compromising the ability of future
generations to meet their own needs.

Climate change: This is the long-term change in global weather patterns that has been
attributed to human activities such as the burning of fossil fuels.

Biodiversity: This refers to the variety of life on earth, including all living organisms and
their interactions with each other and their environment.

Environmental governance: This is the set of processes and institutions through which
environmental policies are formulated, implemented, and enforced.

International environmental law: This refers to the body of law that regulates the
interaction between human activities and the environment at the global level.

Multilateral environmental agreements (MEAs): These are international treaties

negotiated by governments to address specific environmental issues, such as the Paris
Agreement on climate change or the Convention on Biological Diversity.

Environmental diplomacy: This involves the use of diplomacy and negotiation to resolve
environmental conflicts and promote international cooperation on environmental issues.

Sustainable development goals (SDGs): These are a set of 17 goals adopted by the United
Nations in 2015 as a universal call to action to end poverty, protect the planet, and ensure that
all people enjoy peace and prosperity.

Environmental justice: This refers to the fair distribution of environmental benefits and
burdens among different communities and social groups.
HISTORY

The relationship between the environment and international society has evolved over time.
Here's a brief history:

Pre-20th century: Prior to the 20th century, environmental concerns were not a significant
issue for the global community. Human activities were seen as having little impact on the
natural world, and environmental problems were viewed as local or regional issues.

20th century: The 20th century saw a growing awareness of the global impact of human
activities on the environment. The formation of the United Nations in 1945 marked a turning
point in international cooperation on environmental issues. In 1972, the United Nations
Conference on the Human Environment in Stockholm, Sweden, was held and marked the first
international conference on environmental issues, and resulted in the creation of the United
Nations Environment Programme (UNEP).

1980s-1990s: In the 1980s and 1990s, environmental concerns gained increasing prominence
in international affairs. The Montreal Protocol of 1987, which regulated the production and
consumption of ozone-depleting substances, was a key milestone in global environmental
governance. The 1992 United Nations Conference on Environment and Development
(UNCED) in Rio de Janeiro, Brazil, also known as the Earth Summit, resulted in the adoption
of Agenda 21, a global action plan for sustainable development, and the United Nations
Framework Convention on Climate Change (UNFCCC).

2000s-present: In the 21st century, environmental issues have continued to be a major

concern for the global community. The adoption of the Sustainable Development Goals in
2015, the Paris Agreement on Climate Change in 2016, and the ongoing negotiations on the
post-2020 global biodiversity framework are all examples of recent international efforts to
address environmental challenges. The COVID-19 pandemic has also highlighted the
interconnectedness of human health, the environment, and international society.
GOVERNANCE: STATES, INTERNATIONAL ORGANISATIONS AND NON-
STATE ACTORS

Governance refers to the way in which power is exercised, decisions are made, and policies
are implemented in society. When it comes to environmental governance, there are three
main actors: states, international organizations, and non-state actors.

States: States are the primary actors in environmental governance. They have the power to
make laws and regulations that affect the environment within their own borders, and they also
play a key role in negotiating and implementing international environmental agreements.
States have different levels of capacity and willingness to address environmental issues, and
their interests can sometimes conflict.

International organizations: International organizations such as the United Nations

Environment Programme (UNEP) and the Intergovernmental Panel on Climate Change
(IPCC) play an important role in environmental governance. They provide a forum for states
to negotiate and coordinate their efforts to address global environmental challenges, and they
also provide technical expertise and support to help states implement environmental policies.

Non-state actors: Non-state actors, such as civil society organizations, businesses, and
indigenous peoples, are increasingly playing a role in environmental governance. They can
influence decision-making processes through advocacy and lobbying, and they can also take
direct action to address environmental issues. Non-state actors can provide innovative
solutions and challenge the status quo, but they may also lack the legitimacy and
accountability of state actors.Overall, effective environmental governance requires
cooperation and coordination among all three actors. States must work together to address
global environmental challenges, international organizations must support and facilitate this
process, and non-state actors must contribute their perspectives and expertise.
INTERNATIONAL LAW-MAKING AND REGULATION

International law-making and regulation are critical components of environmental

governance. Here are some key concepts and examples:

Treaties and Conventions: Treaties and conventions are legally binding agreements
between states that establish rules and standards for environmental protection. Examples
include the Convention on Biological Diversity, the Paris Agreement on Climate Change, and
the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes.

International Organizations: International organizations such as the United Nations

Environment Programme (UNEP) and the International Maritime Organization (IMO) are
responsible for developing and enforcing international environmental regulations. They
provide technical expertise, facilitate negotiations between states, and monitor compliance
with international agreements.

Customary International Law: Customary international law refers to unwritten rules and
practices that have developed over time and are recognized as legally binding by states. For
example, the principle of common but differentiated responsibilities recognizes that
developed countries have a greater responsibility for addressing global environmental
challenges because of their historical emissions and higher levels of economic development.

Soft Law: Soft law refers to non-binding instruments such as guidelines, codes of conduct,
and best practices that provide guidance and encourage voluntary compliance with
environmental standards. Examples include the Aarhus Convention on Access to Information,
Public Participation in Decision-making and Access to Justice in Environmental Matters and
the Global Compact.

Compliance and Enforcement: Compliance and enforcement mechanisms are essential for
ensuring that states and other actors abide by international environmental regulations.
Examples include monitoring and reporting requirements, dispute settlement procedures, and
financial penalties for non-compliance.

Overall, effective international law-making and regulation require collaboration among

states, international organizations, and other stakeholders. It is important to strike a balance
between enforcing environmental standards and promoting economic growth, while also
taking into account the needs and interests of vulnerable communities and future generations.

Compliance: implementation, enforcement, dispute settlement

Compliance with international environmental agreements is crucial to achieving their goals

and objectives. The process of compliance involves three main components: implementation,
enforcement, and dispute settlement.

Implementation: Implementation refers to the process of translating the provisions of

international environmental agreements into national laws and policies. States are responsible
for implementing the provisions of the agreements they have signed and ratified. They are
required to develop and enforce national laws and regulations that reflect the obligations and
commitments set forth in the international agreements. Implementation can be a complex and
time-consuming process, and may require financial and technical support from international
organizations and other donors.

Enforcement: Enforcement refers to the process of ensuring that the laws and regulations
implementing international environmental agreements are followed. States are responsible for
enforcing their national laws and regulations, and for taking action against individuals,
companies, and other actors who violate these laws. Enforcement can be carried out through
administrative or judicial procedures, and may involve fines, penalties, or other sanctions for
non-compliance.

Dispute Settlement: Dispute settlement refers to the process of resolving disputes that arise
between states or other actors regarding the interpretation or implementation of international
environmental agreements. Most agreements have a dispute settlement mechanism that
provides a framework for resolving disputes peacefully and through dialogue. These
mechanisms can range from informal consultations to formal adjudicatory processes, such as
arbitration or litigation.

Effective compliance with international environmental agreements requires political will,

technical capacity, and financial resources. It also requires transparency, accountability, and
participation from all stakeholders, including civil society organizations and affected
communities. Ensuring compliance with international environmental agreements is a complex
and ongoing process that requires continuous monitoring, reporting, and review.

GENERAL PRINCIPLES AND RULES

International environmental law is based on a set of general principles and rules that guide
decision-making and policy development. Here are some key principles and rules:

Precautionary Principle: The precautionary principle holds that in situations where there
are threats of serious or irreversible damage to the environment, a lack of full scientific
certainty should not be used as a reason for postponing measures to prevent environmental
degradation. This principle is intended to protect against harm to the environment and human
health in situations where scientific knowledge is uncertain.

Polluter Pays Principle: The polluter pays principle holds that those who cause
environmental damage should be responsible for bearing the costs of remediation and
restoration. This principle is intended to encourage individuals and organizations to take
responsibility for their environmental impacts and to reduce pollution.

Sustainable Development: Sustainable development is a principle that seeks to balance

environmental protection, economic growth, and social well-being. It recognizes that
economic development must be pursued in a way that does not harm the environment or
compromise the ability of future generations to meet their own needs.
Common but Differentiated Responsibilities: The principle of common but differentiated
responsibilities recognizes that developed countries have a greater responsibility for
addressing global environmental challenges because of their historical emissions and higher
levels of economic development. This principle acknowledges the need for developed
countries to take the lead in reducing greenhouse gas emissions and supporting developing
countries in their efforts to address environmental issues.

Integration and Participation: The principles of integration and participation emphasize the
need for collaboration among stakeholders in environmental decision-making. This includes
involving affected communities, civil society organizations, and other stakeholders in the
development of policies and regulations, and ensuring that environmental considerations are
integrated into broader economic and social decision-making processes.

These principles and rules are intended to guide the development and implementation of
international environmental agreements, as well as national laws and policies. They provide a
framework for balancing economic development with environmental protection, while also
promoting social equity and sustainability.

LIABILITY FOR ENVIRONMENTAL DAMAGE

Liability for environmental damage refers to the legal responsibility for harm caused to the
environment, including pollution, contamination, and destruction of ecosystems. Liability can
be attributed to a range of actors, including individuals, companies, and governments. Here
are some key concepts and examples:

Strict Liability: Strict liability means that a person or company is held responsible for
environmental damage regardless of fault or intent. This can be based on a specific statute or
on common law principles. For example, in the United States, the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict
liability for hazardous waste clean-up costs.

Joint and Several Liability: Joint and several liability means that multiple parties may be
held liable for the same damage, and each party is responsible for paying the full amount of
damages. For example, in the case of an oil spill, both the shipping company and the owner
of the cargo may be held jointly and severally liable for the damage caused.

Civil Liability: Civil liability refers to liability for damages that are not criminal in nature.
This includes harm to the environment as well as harm to individuals or property. Civil
liability can be imposed through lawsuits brought by individuals, organizations, or
governments.

Criminal Liability: Criminal liability refers to liability for violations of environmental laws
that are considered crimes, such as illegal dumping or deliberate contamination. Criminal
liability can result in fines, imprisonment, or both.

Liability for Transboundary Harm: Liability for transboundary harm refers to the
responsibility of a state or company for damage caused to the environment in another state.
This can be based on international law principles such as the polluter pays principle or the
principle of state responsibility.

Liability for environmental damage is a critical component of environmental governance, as

it provides a means of holding individuals and companies accountable for their actions and
promoting environmental protection. Effective liability regimes require clear and enforceable
laws and regulations, as well as mechanisms for monitoring, reporting, and enforcement.
HUMAN RIGHTS AND ARMED CONFLICT

Armed conflict can have a significant impact on human rights, including the right to life, the
right to physical and mental integrity, and the right to freedom from torture and other forms
of cruel, inhuman, or degrading treatment. Here are some key issues related to human rights
and armed conflict:

Protection of Civilians: The protection of civilians is a key concern in armed conflict, as

they are often at risk of harm from both state and non-state actors. International humanitarian
law (IHL) provides specific protections for civilians, including the prohibition of deliberate
attacks on civilians, the requirement to distinguish between combatants and non-combatants,
and the obligation to provide medical care and humanitarian assistance.

Protection of Women and Children: Women and children are often particularly vulnerable
in armed conflict, facing sexual violence, forced displacement, and other forms of harm.
International human rights law and IHL provide specific protections for women and children,
including the prohibition of sexual violence and the requirement to provide special protection
and assistance.

Protection of Humanitarian Workers: Humanitarian workers play a critical role in

providing assistance to civilians affected by armed conflict. They are protected under IHL
and international human rights law, and deliberate attacks on humanitarian workers are
considered war crimes.

Accountability for Human Rights Violations: The accountability of individuals and states
for human rights violations committed during armed conflict is critical to ensuring justice and
preventing future abuses. This includes holding individuals responsible for war crimes,
crimes against humanity, and genocide, as well as ensuring access to justice and reparations
for victims.
Protection of Refugees and Internally Displaced Persons: Armed conflict often results in
forced displacement, with individuals and families fleeing their homes and seeking refuge
elsewhere. International human rights law and international refugee law provide specific
protections for refugees and internally displaced persons, including the right to seek asylum
and protection from refoulement.

Effective protection of human rights in armed conflict requires the implementation and
enforcement of international law, as well as cooperation among states, non-state actors, and
humanitarian n organizations. It also requires ongoing efforts to promote dialogue,
reconciliation, and sustainable peacebuilding.

INTERNATIONAL TRADE AND COMPETITION

International trade and competition refer to the exchange of goods and services across
national borders and the competition among firms in different countries to gain market share
and profits. Here are some key issues related to international trade and competition:

Trade Liberalization: Trade liberalization refers to the reduction or elimination of barriers

to trade, including tariffs, quotas, and other restrictions. This is often achieved through free
trade agreements, which aim to increase market access and promote economic growth.

Trade Imbalances: Trade imbalances occur when one country exports more than it imports,
or vice versa. This can lead to tensions between trading partners, as countries may seek to
protect their domestic industries through trade barriers or other measures.

Intellectual Property Rights: Intellectual property rights (IPR) refer to the legal protections
for intellectual creations, such as patents, trademarks, and copyrights. IPR issues are often at
the center of disputes over trade and competition, as companies seek to protect their
innovations and market share.
Anti-Competitive Practices: Anti-competitive practices, such as price-fixing, abuse of
dominant market positions, and monopolies, can harm competition and consumer welfare.
These practices are often regulated by competition authorities at the national and international
levels.

Environmental and Labor Standards: Environmental and labor standards are increasingly
being integrated into international trade agreements and competition policy. This reflects
growing recognition of the need to promote sustainable and ethical practices in global
commerce.

Effective international trade and competition policy requires a balance between promoting
economic growth and protecting social, environmental, and ethical values. It also requires
cooperation and coordination among states, international organizations, and private actors to
ensure a level playing field and prevent abuses of market power.

FOREIGN INVESTMENT

Foreign investment refers to the investment of capital from one country into another,
typically in the form of long-term investments such as the establishment of businesses or the
acquisition of assets. Here are some key issues related to foreign investment:

Types of Foreign Investment: Foreign investment can take different forms, including
foreign direct investment (FDI), portfolio investment, and mergers and acquisitions. FDI
involves a direct investment in a foreign company or the establishment of a foreign
subsidiary, while portfolio investment involves investing in stocks or other securities of
foreign companies.
Benefits of Foreign Investment: Foreign investment can bring a range of economic benefits,
including increased job creation, improved infrastructure, and access to new technologies and
markets. It can also promote economic growth and development in the host country.

Risks of Foreign Investment: Foreign investment can also pose risks, such as potential
conflicts with local laws and regulations, political instability, and social and environmental
concerns. There may also be risks related to fluctuations in currency values and other
financial market factors.

Investment Regulation: Many countries have regulations in place to govern foreign

investment, including rules related to ownership, taxation, and repatriation of profits. These
regulations can impact the decision to invest in a particular country and can affect the ability
to generate returns on investment.

Investment Treaties: Investment treaties are agreements between states that provide
legal protections for foreign investors, including protections against expropriation,
discrimination, and unfair treatment. These treaties are often used to encourage foreign
investment and to provide a framework for resolving investment disputes.

Effective management of foreign investment requires a balance between promoting economic

growth and protecting the interests of the host country and its citizens. It also requires
cooperation and coordination among states, international organizations, and private actors to
ensure responsible investment practices and to manage the risks associated with foreign
investment.