Sources and Principles of International Environmental Policy

Sources and Principles of International Environmental Policy

1. Week 2 – Sources and Principles of International Environmental Policy

2. Main Sources of International Environmental Policy a) Treaties (Hard Law): Legally binding agreements between countries to solve environmental problems. Example: Paris Agreement (2015) – Countries commit to reduce greenhouse gas (GHG) emissions. Montreal Protocol (1987) – Bans ozone-depleting substances. Only countries that ratify a treaty are bound by its rules.

3. b) Customary International Law: Formed from long-standing state practices accepted as law. It fills legal gaps where treaties do not exist. Example: The Trail Smelter Case (Canada–USA, 1941) established the rule that no state should cause environmental harm to another. Pollution of shared rivers (e.g., between India and Bangladesh) must be prevented.

4. c) Soft Law: Non-binding guidelines or declarations that influence future treaties and national policies. Example: The Stockholm Declaration (1972) and the Rio Declaration (1992) introduced key principles, including sustainable development and the precautionary principle. UN 2030 Sustainable Development Goals (SDGs) encourage global cooperation on clean energy and climate action.

5. Role of the United Nations and Other International Organizations a) United Nations Environment Programme (UNEP): Created after the Stockholm Conference (1972) to coordinate global environmental efforts. Develops environmental laws and provides technical support to countries. Example: Helped create the Vienna Convention and Montreal Protocol for ozone protection. Runs awareness campaigns like World Environment Day (June 5).

6. b) Other Key Organizations: World Bank: Provides loans for renewable energy and climate adaptation projects. Example: Supported Kenya’s geothermal power and Bangladesh’s solar energy projects. World Trade Organization (WTO): Balances trade rules and environmental protection (e.g., bans on illegal timber exports). Global Environment Facility (GEF): Offers funding for biodiversity and pollution control in developing countries.

7. Core Principles of International Environmental Policy a) Sovereignty over Natural Resources: Each country has the right to use its own resources (land, water, oil, fish) according to national priorities. But it must not harm other countries or the global environment. Examples: Somalia has the right to manage its oil and gas reserves, but must ensure that extraction does not harm the environment or violate international agreements.

8. b) No-Harm Principle: States must avoid activities that cause environmental damage across borders. Encourages prevention and cooperation between neighbors . Examples: Somalia must control deforestation in its border regions to prevent soil erosion from affecting its neighbors .

9. d) Polluter Pays Principle: Those who cause pollution should pay for the damage or cleanup. Examples: A business that dumps toxic waste on land must pay for proper waste removal and soil rehabilitation to make the land safe again. Oil spill in Mauritius (2020) – Japanese company paid for damages.

10.   e) Sustainable Development: Development should meet today’s needs without harming future generations. Combines environmental protection, economic growth, and social welfare. Examples: Kenya’s wind and solar energy reduce emissions while creating jobs.

11. f) Common but Differentiated Responsibilities (CBDR): All countries share responsibility for global environmental protection, but rich countries must do more. Reflects fairness based on historical pollution and national capacity. Examples: Paris Agreement (2015) – Developed countries finance green projects in poorer nations. Green Climate Fund supports African and Asian countries in climate adaptation.

12. g) Prevention Principle: It is better to prevent environmental damage than to repair it later. Examples: Governments should protect forests from illegal logging. This prevents soil erosion and loss of biodiversity. Taking action now avoids bigger environmental problems later. Environmental Impact Assessments (EIA) before big projects like dams or mines.

13. h) International Cooperation and Good Neighborliness : Global and regional cooperation is necessary for solving shared environmental problems. Examples: Southeast Asian countries follow the ASEAN Agreement on Haze Pollution . They work together to stop forest fires and smoky air. Cooperation helps everyone have cleaner air and a healthier environment.