International

Environmental law
Group members
Salik Malik
Faizan Ullah
 INTRODUCTION
International Environmental Law (IEL) refers to a body of legal principles, treaties, agreements, and
customary norms that aim to regulate the impact of human activities on the environment at a
global level and, both, control pollution and the depletion of natural resources within a sustainable
development framework.

International environmental law covers topics such as

• biodiversity • hazardous substances
• climate change • desertification
• ozone depletion • marine resources
• toxic • the quality of air, land, and water.
• hazardous substances
 IMPORTANCE
• It has a global scope beyond nation state borders.

• It promotes Sustainable Development: to achieve a balance between

social-economic growth and environmental conservation.

• It provides mechanisms for resolving disputes between countries

regarding environmental issues.

• It safeguards environments which are basic human rights, such as

access to clean air, water, and a healthy environment.
 HISTORY OF IEL
Before 1945: environmental norms customary practices and local regulations often within specific
communities.

After 1945: After the United Nations (UN) was formed, it laid the groundwork for collaboration on
environmental matters.

1960s and 1970s witnessed key international conferences, including the United Nations Conference
on the Human Environment in Stockholm (1972).

1980s and 1990s there was an increase in the number of international treaties regarding climate.
• Vienna Convention for the Protection of the Ozone Layer (1985)
• Montreal Protocol (1987) aimed to address ozone-depleting substances.

Environmental issues gained global attention due to the Chornobyl nuclear disaster (1986)
HISTORY OF IEL
21th Century

• The 21st century has seen a further increase in the number of

international treaties and agreements regarding climate change,
chief of which is the:

• Paris Agreement (2015):

A landmark agreement under the United Nations Framework
Convention on Climate Change (UNFCCC), the Paris Agreement aims
to limit global warming to well below 2 degrees Celsius above pre-
industrial levels and to pursue efforts to limit it to 1.5 degrees Celsius.
 PRINCIPLES OF IEL
International Environmental Law (IEL) is guided by several key principles:

• Nations have the sovereign right to exploit their resources but also not cause harm to the
environment beyond their borders.

• Developed countries, with greater historical contributions to environmental degradation, have a

greater responsibility in mitigating global environmental problems.

• Actors responsible for environmental damage must be accountable for the costs of remediation
and cleanup.

• Sustainable Development

• Conservation of Ecosystems and Biodiversity

 COMPONENTS OF IEL
Treaties and Conventions:

These are formal, legally binding agreements negotiated among states to address
specific environmental issues on a global scale. They outline the obligations, rights,
and responsibilities of participating nations.
• Kyoto Protocol (1997): Reduction of Greenhouse gases.
• Paris Agreement (2015): Reduction of CO2 emissions.
 COMPONENTS OF IEL
Customary International
Law:

This forms from consistent state practice over time, accepted as legally binding
even without explicit treaty formulation.
• Principle of Good Neighborliness: States are obligated to prevent
transboundary harm.
• Principle of Prevention: States must prevent environmental harm within
their jurisdiction.
 COMPONENTS OF IEL
Soft Law Instruments

These are non-binding instruments that provide guidance, principles, and frameworks for behavior,
often serving as precursors to formal agreements or shaping customary law.
• Rio Declaration on Environment and Development (1992): Lays down 27 principles for
sustainable development, highlighting the interconnectedness of environment and development.
• Aarhus Convention (1998): Promotes public access to environmental information, public
participation in decision-making, and access to justice in environmental matters.
 ENFORCEMENT OF IEL
COMPLIANCE

Environmental treaties have committees to monitor and evaluate whether states are fulfilling their
commitments and may offer recommendations or guidance.

DISPUTE RESOLUTION

Most environmental treaties include mechanisms for resolving disputes among signatory states. These
processes involve negotiation, mediation, and arbitration.

• The International Court of Justice (ICJ) also provides a forum for states to resolve disputes related to
environmental issues through legal proceedings.

• Some international agreements, such as the World Trade Organization (WTO), have dispute settlement
bodies that address environmental concerns.
 HOW STATES COMMIT
1. Adoption The final text of the agreement is formulated, agreed and adopted by the participants.

2. Signature An authorized State representative has to render the signature to declare the intention of
the State to become a Party to the agreement.

3. Ratification A State becomes Party to the agreement and bound by it through ratification.

4. Entry into force A multilateral environmental agreement enters into force once the requirements
usually specified in one article of the agreement text are met. This typically happens within a specified
time (for example 30, 60, or 90 days) after a specified number of States have ratified the agreement.
CRITICISM OF IEL
• Lack of Binding Enforcement: Instances of non-
compliance or inadequate enforcement by certain countries
undermine the effectiveness of global environmental
efforts.

• Sovereignty vs. International Regulations:

some countries may view environmental agreements as
infringing upon their sovereignty or national interests.
Nations may be hesitant to commit to international
agreements that could potentially limit their economic
growth or decision-making authority.
 CHALLENGES OF IEL
• Policies that safeguard the environment might conflict with economic interests,
especially in developing countries seeking rapid growth.

• Implementing environmentally friendly technologies or practices might entail

higher costs.

• Environmental agreements can be intricate and involve multiple stakeholders,

making implementation and compliance challenging.

• Aligning diverse national interests, priorities, and policies to achieve collective

environmental goals requires coordination and cooperation among nations.
 CURRENT TRENDS

• Climate Change Law

• Increasing recognition of the interconnection between
environmental protection and human rights
• Efforts to hold corporations accountable for
environmental harm are gaining traction
• There's a renewed commitment to multilateralism and
international cooperation
• Loss and Damages
 CONCLUSION

• International Environmental Law are recent.

• Climate Change is a major threat.
• Treaties like Kyoto Protocol and Paris Climate Agreement are
major milestone.