Model question paper 02 on Environmental law regulations and policies

P.G.C.N.T.Pilapitiya
(1)
Basel Rotterdam Stockholm
Objective Reduce transboundry movements, minimize the Promote shared responsibility and Protect human health and
generation and environmental friendly release cooperative effects among parties in environment from persistent organic
of hazardous waste international trade of certain hazardous pollutants (POPs)
chemicals.
Adoption 1989.03.22 1998.09.10 2001.05.22
Force 1992.05.05 2004.02.24 2004.05.17
Number of parties 183 154 179
Coverage Hazardous waste that are explosive, flammable, Persistants and industrial chemicals that 15 pesticides, 7 industrial chemicals
reactive, infectious, corrosive, toxic or ecotoxic have been banned or severely restricted for and by-products
health and environmental reasons.
Regulations for requires Party to control their import-export obliges Parties to notify final regulatory Parties must eliminate certain
use of wastes and to take measures to ensure that actions for banned or severely restricted chemicals from production and use.
generation of hazardous wastes and other chemicals The Convention lays down
wastes within it is reduced to a minimum POPs screening criteria for
assessing other chemicals

Import/export (1)contains a prior informed consent procedure
for the export and import of hazardous and
other wastes;
(2) Strengthened by later decisions to ban
export of hazardous wastes
from OECD to non OECD countries (ban
amendment not in force);
(3) Strict requirements for transboundary
movements
(4) TBM not following the appropriate
notification and consent procedures constitutes
illegal traffic, which is to be considered
criminal;
(1)establishes a compulsory Prior informed (1) restricts import/export of POPs
consent procedure;
(2)Allowed if for environmentally
(2) Provides mechanism for Parties to take sound disposal or for an exempted
informed decisions on future import of use that is permitted for the
chemicals assisted by importing
Decision Guidance Documents (DGDs); Party
(3) Improves capacity to prevent unwanted
imports and
avoid future stockpiles of obsolete
pesticides;
Evaluation and requires Parties to exchange any requires Parties with regulatory and
hazard assessment scientific, technical, economic, and legal assessment schemes to prevent
information concerning the chemicals of production and use
the convention, incl. of new pesticides or new industrial
toxicological, ecotoxicological and safety chemicals that
information. exhibit POPs characteristics.

Waste Basel underlying objective: Parties must develop strategies to

management identify POPs wastes and manage
(1)Environmentally sound management them in an environmentally sound
(“ESM”) of hazardous and other wastes; manner.

(2) ESM: “taking all practicable steps to ensure POPs content of wastes generally to
that hazardous wastes or other wastes are be destroyed or
managed in a manner which will protect human irreversibly transformed
health and the environment against the adverse
effects which may result from such wastes” Prevent the creation of POPs in
(Art. 2); waste management practices

(3) ESM further defined through technical Requirement to apply Best

guidelines, for instance on ESM of POPs as Available Techniques (BAT)
wastes; and Best Environmental Practices
(BEP);
Basel requires each Party:

(1) To minimize waste generation and

transboundary movements of hazardous and
other wastes and ensure availability of disposal
facilities for ESM located, to the extend
possible, within its own territory;

(2)To strictly control transboundary movements

and disposal operations (including storage,
treatment, reuse, recycling, recovery and final
disposal);
 (3) To prevent pollution from hazardous waste
management and, if occurs, minimise the
consequences thereof for human health and the
environment;

Hazard requires information exchange and

replacement research on POPs alternatives. It
obliges each Party using DDT to
develop an action plan, including for
implementation of
alternative products;

Hazard The three Conventions require Parties to communicate

communucation hazard information to the secretariat, other Parties and/or
the public;

Most POPs are covered by all three Conventions.

Many pesticides are subject to the three Conventions

(2)

The "common but differentiated responsibilities" principle is a fundamental concept in international

environmental law, particularly in the context of addressing global environmental challenges like climate
change. It acknowledges that all countries share a common responsibility to protect the environment and
address environmental issues, but recognizes that developed and developing countries have different
historical contributions and capacities to address these challenges.

(1)United Nations Framework Convention on Climate Change

This principle was first introduced in the 1992 United Nations Framework Convention on Climate
Change (UNFCCC) and has since been a key guiding principle in international climate negotiations.

The principle can be broken down into two main components:

1. Common Responsibility: This aspect recognizes that climate change is a global issue that affects all
countries and that all nations must contribute to its resolution. It emphasizes the shared obligation of all
countries to take actions to mitigate greenhouse gas emissions, adapt to the impacts of climate change,
and promote sustainable development.

2. Differentiated Responsibilities: This aspect acknowledges that developed and developing countries
have different historical responsibilities and capacities to address climate change. Developed countries,
which have historically contributed more to greenhouse gas emissions, are expected to take the lead in
reducing emissions and providing financial and technological support to developing countries to assist
them in their efforts to address climate change and achieve sustainable development.

In the UNFCCC, the principle of "common but differentiated responsibilities" is expressed and applied in
several key ways:

1. Annexes: The convention divides countries into two main groups: Annex I countries (developed
countries) and non-Annex I countries (developing countries). The annexes serve as a basis for
differentiating the responsibilities of countries based on their level of development and capacity to
address climate change.

2. Mitigation Commitments: The UNFCCC outlines different obligations for developed and developing
countries regarding their greenhouse gas emission reduction targets. Developed countries are expected to
take on absolute emission reduction commitments, while developing countries are encouraged to
undertake mitigation actions that are supported by financial and technological assistance from developed
countries.

3.Financial and Technological Support: The convention recognizes the need for financial and
technological support to assist developing countries in their efforts to combat climate change. Developed
countries are encouraged to provide financial resources, technology transfer, and capacity-building
assistance to help developing nations transition to low-carbon and climate-resilient pathways.

4. Adaptation The principle also underpins the provisions related to adaptation to the impacts of climate
change. It recognizes that vulnerable developing countries, particularly the least developed ones and
small island nations, require assistance in building resilience and adapting to the adverse effects of
climate change.
(2) Kyoto protacol
The principle of "common but differentiated responsibilities" is also a central feature of the Kyoto
Protocol, an international treaty adopted in 1997 under the United Nations Framework Convention on
Climate Change (UNFCCC). The Kyoto Protocol set legally binding emission reduction targets for
developed countries, also known as Annex I parties, for the first commitment period from 2008 to 2012.
During this period, these countries were required to collectively reduce their greenhouse gas emissions by
an average of 5.2% below 1990 levels.

The principle is expressed and applied in the Kyoto Protocol through the following key elements:

1. Differentiation of Parties The Protocol divides countries into two groups,

Annex I parties - consist mainly of developed countries, including industrialized nations and countries
undergoing transition to a market economy.
Non-Annex I parties, - on the other hand, are primarily developing countries.

2.Emission Reduction Targets: The Protocol establishes specific emission reduction targets for Annex I
parties. Each country within this group has an individual target that reflects its historical responsibility for
greenhouse gas emissions and its capacity to take action. These targets are legally binding and require the
listed countries to reduce their emissions by a certain percentage below their 1990 levels.

3.Flexibility Mechanisms: There are three flexibility mechanisms to help Annex I parties achieve their
emission reduction targets in a cost-effective manner. These mechanisms are the Clean Development
Mechanism (CDM), Joint Implementation (JI), and Emissions Trading. The CDM and JI allow Annex I
countries to invest in emission reduction projects in non-Annex I countries or other Annex I countries,
respectively, and receive credits for those reductions. Emissions Trading enables Annex I parties to buy
and sell emission allowances among themselves.

4. Adaptation and Assistance: The Kyoto Protocol recognizes the need for assistance to help developing
countries cope with the adverse impacts of climate change and adapt to changing climatic conditions.
While the Protocol does not include specific provisions for financial or technological assistance, it
acknowledges the importance of providing support to developing nations in subsequent climate
agreements.

(3) United Nations Convention on Biological Diversity (CBD)

The principle of "common but differentiated responsibilities" is also an important concept within the
United Nations Convention on Biological Diversity (CBD). The CBD is an international treaty adopted in
1992 with the goal of conserving biodiversity, promoting sustainable use of biological resources, and
ensuring fair and equitable sharing of benefits arising from genetic resources. The principle is expressed
and applied in the CBD through various provisions and mechanisms:

1. Preamble and General Principles: The principle is explicitly mentioned in the preamble of the CBD,
where it emphasizes the importance of recognizing the different circumstances and capabilities of
countries in addressing biodiversity loss and conservation. The principle is reaffirmed in the general
principles of the CBD, which state that countries have common responsibilities but different capabilities
in implementing its objectives.

2. National Biodiversity Strategies and Action Plans (NBSAPs): Each Party to the CBD is required to
develop a National Biodiversity Strategy and Action Plan that outlines its specific biodiversity
conservation and sustainable use measures. The principle of common but differentiated responsibilities
recognizes that these plans will vary based on the level of development, capacity, and resources available
to each country.

3. Access to Genetic Resources and Benefit-Sharing (ABS): The CBD addresses the issue of access to
genetic resources and the fair and equitable sharing of benefits arising from their use. The principle
recognizes that countries providing genetic resources, often found in developing countries rich in
biodiversity, should be supported in their efforts to benefit from the commercial use of those resources by
others.

4. Financial Resources and Capacity-Building: The CBD emphasizes the need for developed countries to
provide financial resources and support capacity-building initiatives to assist developing countries in
implementing conservation and sustainable use measures. This is in line with the principle's
acknowledgment of differentiated responsibilities based on historical contributions and capacities.

5. Technology Transfer and Cooperation: The CBD encourages the transfer of environmentally sound
technologies to developing countries to help them conserve biodiversity and make sustainable use of their
biological resources.

6.Traditional Knowledge and Cultural Diversity: The CBD recognizes the value of traditional knowledge
of indigenous and local communities in biodiversity conservation. The principle supports the protection
and respect of this knowledge, as well as the involvement of these communities in decision-making
processes related to biodiversity.

The principle of common but differentiated responsibilities in the CBD aims to promote global
cooperation while recognizing the diverse circumstances and capacities of different countries. By
acknowledging the varying levels of responsibility and capacity to address biodiversity loss and
conservation, the CBD seeks to foster equitable and effective efforts in protecting the Earth's rich
biological heritage.

(3)

International law serves as a critical tool for protecting the Earth's biological diversity by establishing
frameworks, obligations, and cooperation among countries. However, like any legal system, it has both
strengths and weaknesses when it comes to biodiversity conservation. Let's explore some of these
strengths and weaknesses:

Strengths:
1.Global Cooperation: International law facilitates cooperation and coordination among countries in
addressing transboundary biodiversity issues. Treaties like the Convention on Biological Diversity (CBD)
create a platform for countries to work together to conserve and sustainably use biological resources.

2. Legal Frameworks and Obligations: International law provides a legal basis for countries to
implement biodiversity conservation measures at the national level. The CBD and other related
agreements establish binding commitments, targets, and action plans that guide countries in their efforts
to protect biodiversity.

3. Norm Development: International environmental law, including biodiversity-related agreements,

contributes to the development of norms and standards for conservation and sustainable use. These norms
can influence domestic legislation and policies, fostering a shared global understanding of the importance
of protecting biodiversity.
4. Access to Resources: International law addresses access to genetic resources and the fair and equitable
sharing of benefits arising from their use. This helps ensure that countries with rich biodiversity are not
exploited but instead benefit from the commercial use of their genetic resources.

5. Capacity Building and Technology Transfer: International biodiversity agreements often include
provisions for capacity building and technology transfer, helping developing countries enhance their
capabilities to protect and manage biodiversity.

Weaknesses:
1. Enforcement and Compliance: One of the main weaknesses of international environmental law,
including biodiversity agreements, is the lack of effective enforcement mechanisms. While treaties
establish legally binding obligations, there may be challenges in holding countries accountable for non-
compliance.

2. Limited Scope and Coverage: Some international agreements have limited geographic scope or focus
on specific aspects of biodiversity, leaving certain regions or types of species less protected.

3. Unequal Participation: Not all countries are party to important biodiversity agreements, and even
among signatory countries, there may be disparities in the level of commitment and implementation.

4. Fragmentation and Overlaps: The proliferation of various biodiversity-related agreements and

conventions can lead to overlaps and inconsistencies, making the legal landscape complex and sometimes
challenging to navigate.

5. Inadequate Financing: Despite the recognition of the need for financial resources to support
biodiversity conservation, funding remains insufficient, particularly for projects in developing countries.

6. Slow Pace of Progress: Biodiversity loss continues at an alarming rate, indicating that the existing
international legal frameworks and efforts have not been sufficient to halt the decline.

In conclusion, international law plays a crucial role in protecting the Earth's biological diversity by
providing legal frameworks, fostering cooperation, and establishing norms and obligations. However, its
effectiveness is hindered by challenges related to enforcement, limited coverage, unequal participation,
fragmentation, and inadequate financing. Addressing these weaknesses requires continued efforts to
strengthen international cooperation, enhance enforcement mechanisms, and secure adequate resources
for biodiversity conservation and sustainable use.

(4)
The United Nations Framework Convention on Climate Change (UNFCCC) incorporates several
important environmental law principles, such as:

1.Public Trust Doctrine; It establishes that certain natural resources, such as the atmosphere and oceans,
are held in trust by the government for the benefit of the public and future generations. In the context of
the UNFCCC, this principle underlines the shared global responsibility to protect the Earth's climate
system for the common benefit of all people.

2. Principle of Sustainable Development: The concept of sustainable development is articulated in the

preamble of the UNFCCC. The convention recognizes that climate change is a global issue that requires
long-term solutions, considering both environmental and developmental aspects. The principle of
sustainable development encourages countries to pursue economic growth and poverty eradication while
taking into account the need to reduce greenhouse gas emissions and enhance climate resilience.
3. Principle of Common but Differentiated Responsibility : The principle of common but differentiated
responsibility is explicitly stated in Article 3.1 of the UNFCCC. It acknowledges that all countries have a
common responsibility to address climate change, but that developed countries should take the lead in
mitigating emissions and providing financial and technological support to developing countries to assist
in their climate actions.

4. Polluter Pays Principle: The Polluter Pays Principle is not explicitly mentioned in the UNFCCC, but it
aligns with the convention's goals. The principle holds that the party responsible for causing pollution
should bear the costs associated with its cleanup and the environmental damage. In the context of climate
change, it emphasizes the importance of reducing emissions and taking responsibility for historical
contributions to greenhouse gas concentrations.

5. Precautionary Principle: The Precautionary Principle is expressed in Article 3.3 of the UNFCCC. It
states that countries should take precautionary measures to anticipate, prevent, or minimize the causes of
climate change and mitigate its adverse effects. Lack of full scientific certainty should not be used as a
reason to postpone climate action when there are potential threats to the climate system.

These environmental law principles in the UNFCCC provide a solid foundation for international
cooperation in addressing climate change. They promote shared responsibility, equitable actions,
sustainable development, and a precautionary approach to tackle the global challenge of climate change
while considering the needs and capacities of different countries.

(5)
Sustainable development is a key principle that is reflected in both the United Nations Framework
Convention on Climate Change (UNFCCC) and the United Nations Convention on Biological Diversity
(CBD). Both conventions recognize the importance of integrating environmental protection, social equity,
and economic development to ensure a balanced and sustainable future.

UN Framework Convention on Climate Change (UNFCCC):

1.Preamble and Objective: . The convention's ultimate objective is "to achieve stabilization of greenhouse
gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference
with the climate system."

2. Principle of Sustainable Development: The principle of sustainable development is explicitly

mentioned in Article 3 of the UNFCCC. It highlights the need for all Parties to take actions to address
climate change while ensuring that economic development is not hindered. The article emphasizes the
importance of striking a balance between climate protection and socio-economic development.

3.Adaptation and Mitigation: The UNFCCC recognizes the importance of both adaptation and mitigation
measures to address climate change. Adaptation focuses on building resilience to the impacts of climate
change, while mitigation aims to reduce greenhouse gas emissions. Balancing these two aspects ensures
that development can continue while protecting against climate impacts.

4. Technology Transfer and Financial Mechanisms: The convention promotes the transfer of
environmentally sound technologies and financial support to developing countries to help them pursue
sustainable development paths that are low-carbon and climate-resilient.
UN Convention on Biological Diversity (CBD):

1.Preamble and Objective: The preamble of the CBD emphasizes the importance of sustainable
development, acknowledging that biodiversity is essential for the well-being of current and future
generations. The objective of the CBD is "the conservation of biological diversity, the sustainable use of
its components, and the fair and equitable sharing of the benefits arising out of the utilization of genetic
resources."

2.Principle of Sustainable Use: The CBD recognizes the importance of sustainable use of biological
resources. Article 10 highlights the need to regulate and manage the use of living organisms and
ecosystems to ensure that they are used in a way that maintains their long-term viability.

3. Equitable Sharing of Benefits: The CBD emphasizes the fair and equitable sharing of benefits arising
from the utilization of genetic resources. This principle ensures that biodiversity-rich countries are
appropriately compensated for the resources they provide for research and commercial purposes.

4. Integration into National Policies: The CBD encourages Parties to integrate the conservation and
sustainable use of biodiversity into their national development policies and planning processes,
promoting a harmonious relationship between biodiversity conservation and development goals.

Both the UNFCCC and the CBD recognize that sustainable development is crucial for addressing
environmental challenges while ensuring the well-being and prosperity of present and future generations.
By incorporating the principle of sustainable development into their objectives and provisions, these
conventions aim to foster a balanced and holistic approach to addressing climate change and conserving
biodiversity.

(6)

Multilateral Environmental Agreements (MEAs) are international treaties or agreements involving

multiple countries aimed at addressing global environmental issues and promoting sustainable
development. While the specific features of each agreement may vary depending on its scope and
objectives, there are some common features that can be found in many MEAs:

1. Parties: MEAs involve multiple countries (often referred to as "Parties" to the agreement) that come
together to cooperate and collectively address the environmental issue at hand.

2. Scope and Objectives: Each MEA has a specific purpose and focus, addressing a particular
environmental problem or promoting sustainable practices in a particular area (e.g., biodiversity, climate
change, ozone depletion, etc.).

3. Commitments and Obligations: MEAs typically outline the commitments and obligations that the
Parties agree to undertake. These may include setting targets, adopting specific measures, or
implementing policies to achieve the agreement's goals.

4. Enforcement Mechanisms: Many MEAs establish mechanisms to ensure compliance with the agreed-
upon commitments. This may include reporting requirements, periodic reviews, and measures to address
non-compliance.
5. Secretariat: Some MEAs have a Secretariat or a dedicated administrative body that supports the
implementation and coordination of the agreement's activities and facilitates communication among the
Parties.

6. Conference of the Parties (COP): In some cases, MEAs convene regular meetings called "Conferences
of the Parties" where representatives from the Parties gather to assess progress, negotiate new actions,
and make decisions related to the agreement.

7. Funding and Financial Mechanisms: MEAs may establish funding mechanisms or financial
arrangements to assist developing countries in implementing their obligations and to support projects
related to the agreement's objectives.

8. Science and Technical Cooperation: Many MEAs rely on scientific expertise and encourage
cooperation among Parties in areas such as research, data sharing, and technological development to
support decision-making.

9. Public Participation and Civil Society Involvement: Some MEAs incorporate provisions that
encourage public participation, engagement of non-governmental organizations, and collaboration with
civil society to enhance transparency and inclusivity.

10. Amendments and Protocols: As the global environmental context evolves, MEAs may be updated or
amended to reflect new scientific knowledge and changing circumstances. Additional protocols may also
be established to address specific issues not covered in the original agreement.

11. Interlinkages and Synergies: Some MEAs recognize the interdependence of environmental issues and
seek to create synergies with other related agreements to maximize the collective impact on global
sustainability.

Each MEA is unique, and the specific features and provisions can vary significantly depending on the
environmental challenge it aims to address and the political dynamics among the participating countries.