Environmental Law

Basic Introduction

“Environment”
Ambiguous definition
Natural resources
E.g. nature, bio-diversity, climate
Not looking at human-made, artificial environment
Most landscape is seen as human made
There is no one single treaty on environment but instead many different laws that address several different issues, both domestically and internationally

1970s – Environmental issues pop up
Stockholm Conference (1972): First UN conference on environmental issues
On the “human environment”
Seen as a starting point on international level

Scandinavian countries took the lead with establishing first national ministries (of environment)

1973 - CITES
Convention on International Trade and Endangered Species
Requirement of a permit to trade species

1986: First time environment becomes part of (EC) – EU Policy

Prior to 70s and 80s, environment was dealt with on economics level (incl. and motivated by trade)
E.g. chemical regulation

Countries tend to react to environmental issues when they arise. There are often steps:
1. Scientific (establish problem; reporting; etc.)
2. Policy

Example: Climate Change
Late 70’s and early 80’s – scientific discussion occurred but topic was not brought to policy realm until the mid 80s.  EXAM
Decision in 1989 to act at an international level
General assembly resolution established that negotiations should start (a int. negotiating committee was set up)
1992 -> Rio Conference of Environment and Development

Framework Convention (1992 – into force in 1995)
Establish basic principles
Establish treaties
Adopted Berlin Mandate in 1995 which specified the commitments and obligations of the parties (was the foundation of what would become Kyoto)

Essentially there is a common order: Set up of framework convention; establishing principles ; drafting treaties that address obligations; adoption of mandates and protocols.

Environmental Policy employs a sectorial approach. That is,