INTERNATIONAL

ENVIRONMENTAL LAW
INTERNATIONAL ENVIRONMENTAL LAW
DEVELOPMENT OF THE LAW

v protection of the environment as an economic

resource vs protection of the environment as such
v defining “environment”
•  “the living space, the quality of life and the very
health of human beings, including generations
unborn” (ICJ, Nuclear Weapons Advisory Opinion)

•  consists of a range of physical components (air,

water and land) as well as biological (species,
habitats, ecosystems and diversity) and various
cultural components
INTERNATIONAL ENVIRONMENTAL LAW
DEVELOPMENT OF THE LAW

①  1972 Stockholm Conference on the Human

Environment
•  United Nations Environment Programme

②  1992 Rio Conference on Environment and

Development (Earth Summit)
•  sustainable development

③  2002 Rio Summit

•  millennium development goals
INTERNATIONAL ENVIRONMENTAL LAW
SOURCES OF INTERNATIONAL ENVIRONMENTAL LAW

①  TREATIES
²  Conference of Parties
²  List technique
²  Annexes and Protocols

②  CUSTOMARY INTERNATIONAL LAW

²  no harm principle
²  obligation to consult
²  conduct of environmental impact assessment

③  DECISIONAL LAW
²  Trail Smelter Arbitration
²  Gabčíkovo-Nagymaros Project
²  Pulp Mills
INTERNATIONAL ENVIRONMENTAL LAW
BASIC PRINCIPLES
①  PRINCIPLES THAT SEEK TO PREVENT ENVIRONMENTAL
DAMAGE
A.  No Harm Principle and the Duty of Due Diligence
B.  Environmental Impact Assessment
•  prior and continuing
•  significant adverse impact in a transboundary
context
C.  Precautionary Approach
②  P RINCIPLES THAT SEEK TO ENSURE A B ALANCED
APPROACHED TO ENVIRONMENT PROTECTION
A.  Polluter Pays Principle
B.  Common But Differentiated Responsibilities
C.  Inter-generational Equity
D.  Principle of Participation
INTERNATIONAL ENVIRONMENTAL LAW
BASIC PRINCIPLES

The Principle of Sustainable Development

①  inter-generational equity
②  sustainable exploitation of natural resources
③  sustainable use of resources
④  the integration of environmental considerations in
economic and other forms of development plans
INTERNATIONAL ENVIRONMENTAL LAW
CULLED FROM CASE LAW

The Court does not consider that the

treaties in question could have intended
to deprive a State of the exercise of its
right of self-defence under international
law because of its obligations to protect
the environment. Nonetheless, States
must take environmental considerations
into account when assessing what is
necessary and proportionate in the
pursuit of legitimate military objectives.
(Nuclear Weapons Advisory Opinion)