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States are accountable for breaches of international law. The basic duty upon states is not so to act as to injure the rights of other states. International Commission on the River Order case, PCIJ, 1929 Navigable river becomes the basis of a common legal right. Perfect equality of all riparian states.
T RAIL S MELTER C ASE
In 1896, a smelter located in Trail, British Columbia US ownership. 1906, the Consolidated Mining and Smelting Company of Canada, Ltd. bought the smelter plant in Trail. In the period between 1925 and 1935, the U.S. Government objected to the Canadian Government that sulfur dioxide emissions from the operation were causing damage to the Columbia River valley. $350000 paid by Canada. Again between 1935 to 1941 second arbitration
G UT D AM
1969 - US Canada Arbitration dam to facilitate navigation in the St Lawrence River. Heavy flooding in the shores of the river and Ontario lake. US claimed damages. Lumpsum amount was granted. Strict liability applied.
Corfu channel case
Nuclear Test Case, ICJ, 1996 the existence of the general obligation of states to ensure that activities within their jurisdiction and control respect the environment of other states or of areas beyond national control is now part of the corpus of international law relating to the environment. A.192 UNCLOS states have the obligation to protect and preserve the marine environment. A.194 not to pollute other states and environment. A.1 Convention on Long-Range Transboundary Air Pollution, 1979 pollution concerned must result deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair with legitimate use of environment.
Degradation of environment. The New International Economic Order (NIEO) The NIEO is essentially a 18 clause document that seeks certain changes in the international system that would allow less-developed countries opportunity to build their way out of the never-ending cycle of poverty. The New International Economic Order (NIEO) was a set of proposals put forward during the 1970s by developing countries through the United Nations Conference on Trade and Development to promote their interests by improving their terms of trade, increasing development assistance, developed-country tariff reductions, and other means.
Right to development was recognized in the 1980 Report of the Independent Commission on International Developments Issues (the Brandt Commission) dealt with the matter under the heading what does the development mean. Self fulfillment and creative partnership in the use of nation s productive forces. 1970- UN General Assembly adopted a policy statement under the title International Development Strategy.
P ROTECTION OF E NVIRONMENT
Pollution of environment Depletion of world natural resources 1969 1972 - series of reports and meeting under the leadership of the Secretary General of the UN. UNCLOS 1982 protection and preservation of marine environment. ILO protection of workers against pollution of the working atmospheric environment.
Pollution and contamination of the oceans and atmosphere Wild species and nature are the common heritage of mankind. The depletion of marine resources Changes in the atmosphere International standards and environmental quality
1972 S TOCKHOLM
The United Nations Conference on the Human Environment, having met at Stockholm from 5 to 16 June 1972,having considered the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment,. The Conference calls upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity. A.21 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.
World Environment Day 5 June. International environmental law principles: 1. states have the sovereign right to exploit their own resources pursuant to their own environmental policies. 2. states must ensure that the activities within their jurisdiction do not cause damage to the environment of other states. 3. states are under a duty to co-operate to develop further the international law as to liability and compensation for victims of pollution and other environmental damages caused beyond national boundaries.
An aspirational document A platform for future action A moral code The first step towards the development of international environmental day. The recognition and acceptance of an environmental ethic.
The United Nations Environmental Programme (UNEP) Agency to encourage and co-ordinate national and regional environmental protection activities. 3 funds were managed by UNEP 1. protection of the Mediterranean against pollution 2. protection and development of the marine environment and costal areas of Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi and UAE. 3. 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Better development of human settlements Human and environmental health Integration of the management of ecosystems. Continued protection of marine environment. Prevention and mitigation of natural disasters. Use of sound environmentally sound energy Plans to combat desertification.
1974 OECD adopted recommendation on transboundary movement of pollution. 1974 Nuclear Test Cases ICJ ordered environmental impact assessment Tests. 1979 - Long Range Transboundary Air Pollution Convention 1979. 1982 Law of the Sea Convention 1985 Vienna Convention for the Protection of the Ozone Layer. 1986 Protocol to the Paris Convention for the Prevention of Marine Pollution from Land-based Sources. 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. 1991 Convention on Environmental Impact Assessment in a Transboundary Context, 1991.
1982 105 countries adopted the declaration to carry forward the Stockholm Declaration. It also adopted the resolution on creation of a special commission to propose long term environmental strategies for achieving sustainable development.
Agenda 21 was prepared in the conference Results: Framework Convention on Climate Change adopted. Convention deal with reduction of greenhouse gases. Adopted the Convention on Biological Diversity Adopted Statement of Principles for a Global Consensus on the Management, Conservation and sustainable Development of all types of Forests. Commission on Sustainable Development was established.
R IO D ECLARATION
2. sovereign right to exploit their own resources pursuant to their own environmental and developmental policies. 3. right to development equitable distribution of developmental and environmental needs. 5&6 sustainable development 11 effective national laws for protection of environment. 13 liability fixation at domestic level. 15 precautionary approach shall be widely applied according to the capabilities of states.
J OHANNESBURG D ECLARATION
Johannesburg Declaration on sustainable development - 2002 Development of sustainable protection of environment. GEF Global Environmental Facility became a permanent financial facility to loan developing countries on environmental programme.
Widely accepted principle
"If anyone intentionally spoils the water of another ... let him not only pay damages, but purify the stream or cistern which contains the water..." Plato 1989 OECD principles
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