International Law and Environment

ADNAN KHAN
Advocate High Court
Lecturer in Law, Bahria Uinversity
 What is International Environmental Law?
• Some problems arises in any attempt to identify IEL—
• Some legal scholars dislikes the use of term IEL because they
consider that there in NO DISTINCT environmental body of
law with its Own sources and methods of lawmaking deriving
from principles Peculiar or exclusive to environmental
concerns.
• Such relevant laws as do now exist originate from the
application of principles generated by classical International
law and its sources.
• The traditional legal order of the environment is essentially a
laissez-faire(free market economy) system oriented toward the
tolerant freedom of states.
• However, distinct body of law DOES now exist for protection
of environment.
 What is International Environmental Law?
• We can use term IEL simply to include the corpus of IL
relevant of environment issues, like Law of Sea etc.
• It is the existence of a new discipline based exclusively on
Environmental perspectives and strategies—its stimulating
legal developments in this field.
• It has become common practice to refer to IEL in this way.
 What is Meant by “the Environment”?
• Defining environment presents important preliminary
difficulties.
• No doubt this is because it is difficult both to identify and to
restrict the scope of such ambiguous term to include whole
bioshpere.
• Dictionary definitions range from “something that environ” to
“the whole complex of climatic, edaphic (Soil relating, their
characteristic or condition such as nutrients, water content etc), and biotic(life
form and living things) factors that act upon an organism or an
ecological community and ultimately determines its form or
survival, the aggregate of social or cultural conditions that
influence the life of an individual or a community.”
• Or “surrounding, surrounding objects, regions or
circumstances”.
 What is Meant by “the Environment”?

• The Declaration of UN Stockholm Conference on the Human

Environment (UNCHE) refer man’s Env, “Which gives him
physical sustenance(nourishment) and affords him the
opportunity for intellectual, spiritual, moral and social growth’
adding that “both aspects of man’s environment, the natural
and the man-made, are essential for his well-being and
enjoyment of basic Human Rights.
• World Commission on Env and Development (WCED) relies
on succinct approach “the environment is where we all live”.
• EC’s Action Programme on Env. It defines the term as “the
combination of elements whose complex inter-relationships
make up the settings, the surrounding and conditions of life of
the individual and of society as they are and they are felt.”
 What is Meant by “the Environment”?
• Some conventions come close to a definition but only in order
to narrow the term down for particular purposes.
• Convention on Regulation of Antarctic Mineral Resources
Activities(CRAMRA) “any impact on the living or non-living
components of that Env or those ecosystems, including harm
to atmospheric, marine or terrestrial life.”
• In 1982, UN Convention on Law of Sea (UNCLOS)
“comprises the surface of sea, the air space above, the water
column and the sea-bed beyond the hightide mark including
the bio-systems therein or dependent thereon.”
• Third UN Law of Sea Conference that marine environment did
include both atmosphere and marine life.
 What is Meant by “the Environment”?
• The Ozone Convention defines adverse effects on Env,
• “changes in physical environment, including changes in
climate, which have significant deleterious effects on human
health or on the composition, resilience (flexibility, elasticity) and
productivity of natural and managed ecosystems, or on materials
useful to mankind”.
• Most conventions avoid the problem, however, no doubt
because a Cladwell remarks, “it is term that everyone
understands and no one is able to define.”
Phase II: Recognition of EL liability principle as the principle
of International law by UN
Conference focus on 4 main issues in addition to
Educational and Organizational matter.
Principles of Stockholm Declaration.
Principles of Stockholm Declaration.
Principles of Stockholm Declaration.
Phase III:1992 Earth Summit and its Follow-up
The Rio Declaration on Environment and Development
The Rio Declaration on Environment and Development
Kyoto Protocol to the United Nations Framework Convention on
Climate Change, 1997
The Environment and WTO
The Environment and WTO
WTO and Environmental Agreements
Phase IV: 2002 Johannesburg Summit and its Implications
Water and Sanitation issue
 Energy issue
COMMITMENTS:

INITIATIVES:
 Health and Agriculture
COMMITMENTS:

INITIATIVES:
 Biodiversity and Ecosystem Management

COMMITMENTS:

INITIATIVES:
IEL Regulations Applicable to the Petroleum Industry
Key International Treaties
▫ Geneva Convention, 1958(details)
▫ 1972 London Dumping Convention
▫ 1973/78 MARPOL
▫ 1982 Law of the Sea Convention.
▫ 1992 Climate Change Convention. (details)
▫ 1992 Biodiversity Convention (details)
Major Regional Agreements
▫ 1972 Oslo Convention and the 1992 OSPAR Convention
▫ 1994 Energy Charter Treaty (ECT)
▫ UNEP Regional Seas Program
▫ Stockholm Declaration 1972 and Principle 21 of this.
▫ Rio Declaration
TRANSFER PERMISSION
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