LEGAL ESSAY PLAN barriers to GEP
1) State sovereignty can achieve or hinder the achievement of an international response to global environmental protection
2) The nature of soft law can hinder the effectiveness of international measures but they can lead to substantial achievements.
3) A barrier is the complexity of the legal system and the time required to enforce international measures.
4) Personal concerns of a nation can impede on the achievement of global environmental protection
1) STATE SOVEREIGNTY can achieve or hinder the achievement of an international response to global environmental protection
SS is the implicit recognition under international law (article 2 of the UN Charter) that a nation has the authority over its citizens regarding entering international treaties and govern its nation without influence from external entities
(agenda)Whilst it can implement positive outcomes, sometimes what is best for the environment is not considered the best option for a country, and thus nations must choose to behave in a particular way often equated with innovation, economic growth and corporate profitability
Trail Smelter Case 1935: US and Canada referred a matter to the International Joint Commission (Ad Hoc tribunal) – positive use of state sovereignty as both nations cooperated to determine the extent of damages, whether compensation should be paid, and whether the smelter should operate under restricted conditions Canada paid $78 000 in damages for compensation
Kyoto Protocol – Australia refused to ratify it until Rudd Government in 2007
“Japan rejects Australian, NZ attempt to rein in whale hunt” SMH 2014 - Japan’s continuous pursuit for “scientific purposes” as an excuse for whaling reveals negative uses of state sovereignty
Australia and NZ v France (Nuclear Testing Case) - due to limited jurisdiction of ICJ Frances’ refusal to participate in the hearing resulted in an external