Ocean Fertilization Technology from the perspective of the principles of international environmental law

National ‘fair shares’ in reducing greenhouse gas emissions within the principled framework of international environmental law

The article analyzes modern scientific approaches to substantiating the system of principles of international legal protection of atmospheric air from pollution at the present stage of international cooperation of States. The object of the study is the social relations of the planetary scale on the development and implementation of the principles of international legal protection of atmospheric air. The implementation of scientific analysis and generalization is based on an array of normative and scientific material: international legal acts, acts of national law, acts of international organizations, research scientists of the world. The study based on the analysis of international legal acts revealed the specificity of the basic principles of international law. In the context of substantiation of the principles of international environmental law, the role of international intergovernmental conferences, which adopted declarations of principles at the international level, is defined. The results of the scientific debate on the problem of classification of the principles of international legal protection of the environment in General and international legal protection of atmospheric air from pollution in particular are summarized. Based on the analysis of a wide range of sources, it is proved that at the present stage there is no single comprehensive legal framework that determines the legal status of the principles of international environmental law. Many principles lack both clarity and legal consensus on their applicability and are not recognized in legally binding instruments. As a result of the study, conclusions were drawn about the need to adopt a global Covenant on the environment, in which the principles of international environmental law would be systematized.

There are some basic principles of international Environmental Law and some of them are now customary international law. These principles should implement in the domestic legal system for the sake of environmental interest. But there is a problem of the countries like Bangladesh to implement these principles because of inadequate national legal mechanism. In this arena the judiciary of these countries can play an important role by incorporating these principles with the harmonious explanation of the existing legal framework. However it is important to mention here that Bangladesh is also trying to adopt such principles by either amending its constitution or by enacting new national legislation regarding environmental protection. So this paper seeks to analyze briefly various principles of international environmental law and the application of the principles of International Environmental Law in the domestic legal system of Bangladesh. In some extent this paper has tried to describe the environmental synopsis of Bangladesh. As little of the study suggests, the main purpose is to expose what are the legal stipulations as regards the principles of International Environmental Law in the national law of Bangladesh and also in some cases this paper has taken initiative to compare with other south Asian Countries regarding implementation of environmental principles in the domestic legal system. An attempt has been taken by this paper to examine the role of the Judiciary relating to the implementation of such principles.

The sovereign right of states to peaceful nuclear energy is analysed on the basis of principles of international environmental law. The exercise of this right depends on the implementation of certain obligations under international law. The notion of sovereignty as independence and superiority does not serve the challenges of peaceful nuclear energy and the modern understanding of the environment as an area of common concern. Against this background a cooperative approach is suggested in order to successfully resolve the prevention and mitigation of nuclear accidents. The principles of international environmental law pose stringent requirements for the legal use of nuclear energy, which offer additional arguments for responsible behaviours of states in cooperation with international organisations and in particular with the IAEA. The subject of sovereignty is closely linked with the responsibility and liability of states in case of nuclear environmental damage.

The goal of this paper is to see whether, and how, Public International Law (PIL) principles and, in particular, International Environmental Law (IEL) principles can be used in order to find a balance between trade and environment in the study of the legal relationship between Trade Related Environmental Measures (TREMs) in Multilateral Environmental Agreements (MEAs) and World Trade Organization (WTO) rules. TREMs can ban, limit or affect in other ways international trade and this may lead to a conflict with WTO Agreements norms and rules. Three main approaches have been followed by States and scholars in this last decade to solve these conflicts: a 'WTO approach', an 'extra-WTO approach' and a 'cooperative approach'. Within these approaches several PIL aspects have been used including treaty law provisions and customary rules, such as the lex specialis rule. The non isolation of the WTO from PIL has been stressed by many important authors. IEL principles are becoming more important within the international community, and in particular the law of sustainable development. In fact, principles such as the precautionary principle and the common but differentiated responsibilities, among others, are being strengthened both by academics (the ILA principles of International law Relating to Sustainable Development) and by the entry into force of recent MEAs (Cartagena Biosafety Protocol, Rotterdam Convention, etc..), where these principles play a pivotal role. Currently, sustainable development is only mentioned in the preamble of the Agreement that establishes the WTO. Furthermore, WTO jurisprudence has not strongly recognised the legal nature of some of its principles. Notwithstanding these difficulties, we consider that the WTO could learn from other organisations which foster free trade such as the European Community. In fact, Art. 6 of the EC Treaty maintains clearly that all European policies must be undertaken accordingly to the overall sustainable development goal. If this were to be the case also in the WTO, then sustainable development should be included within the text of the different Agreements and mentioned as one of the organization's goals. Hence, panels and appellate bodies would use sustainable development law principles to interpret WTO norms and decide trade and environment disputes. In conclusion, we argue that PIL principles have already been used to deal with trade and environment disputes and that some IEL principles can currently be used within the WTO dispute settling system. Furthermore, we consider that, if sustainable development law progresses and its principles are strengthened by MEAs, the WTO Agreements should explicitly include sustainable development as one of its goals. This would allow WTO panels and appellate bodies to consider sustainable development as the framework under which to decide trade and environment disputes.

5 Principles of international environmental law

There are several principles that are at the heart of the bulk of most environmental protection structures at the international level. These principles are universal in make-up and have far-reaching support and are commonly allowed in state practice. They are universal in the sense that they are possibly applicable to all members of the global society across the scope of projects which they execute or approve and with regard to the protection of every aspects of the environment. Some of these principles might reflect customary law, others may reflect emerging legal obligations, and yet others might have an even less developed legal status. An understanding of these principles which might reflect customary law or emerging legal obligations can give insight into the rationale and drive of the diverse legal systems that have been built upon them. The aim of this article, which adopted the doctrinal research methodology, is to examine the main principles of international environmental law and their reflections in international environmental treaties and non-binding soft law instruments. To achieve its aim, this article discusses the principles of international environmental law (IEL) under the focal areas of the principles of IEL expressing the idea of prevention, principles of IEL expressing the idea of balance and fairness, principles of IEL expressing the idea of cooperation and public participation, principles of IEL expressing the idea of common heritage/concern and shared benefits. The article further examines the international environmental treaties reflecting the principles of IEL. Keywords: International Environmental Law, Principles of IEL, International Environmental Treaties, Non-Binding Soft Law Instruments DOI: 10.7176/JLPG/123-08 Publication date: August 31 st 2022

During the past two decades, powerful international actors have expressed deep concern about the growing global scarcity of water. To mitigate this environmental problem, they have not turned to environmental politics, policy, and law. Instead, Water Sector Reform (WSR) has focused on political restructuring based on economic principles. Under pressure, Southern governments increasingly abandon their roles as water providers, and turn over water services to private actors, who commodify and commercialize water. The resulting changed regulatory environment may seriously impact the physical environment that supports human and nonhuman life. In this chapter, I focus on WSR’s cornerstone principles and resulting policy edicts. I focus in particular on the World Bank, which has driven economic and political solutions to problems of environmental scarcity, and explain how these principles and policy solutions have played out in India. To assess how these solutions do or don’t adhere to principles of environmental law, I examine sources of that law including constitutions, international water law, and customary international environmental law. Throughout I offer ideas on how WSR might change to align solutions to water scarcity and inequitable distribution with principles of environmental law.

Management of natural resources that is not in accordance with international problems such as air pollution. Pollution that occurs in the air environment due to forest fires that occurred in Indonesia, especially in 2019 in Riau Province, is not in line with the principles of international environmental law. One of them is the principle of "Sic utere tue ut alienum non leads" in which the state is prohibited from allowing and/or carrying out activities that are detrimental to other countries. So that from these actions there are legal consequences for the State of Indonesia. The purpose of this study is to analyze and find out about preventive measures for the air environment and environmental law due to the air environment based on international law. The method used in writing this thesis is a normative research method. The legal materials used are primary, secondary and tertiary legal materials. The results of this study are that the management of natural resources is not carried out in accordance with the principles of international law, causing air pollution which has a negative impact on the State of Indonesia and also for the State of Malaysia, Singapore. From this research, it is also not allowed to take preventive action through supervision carried out through the government of the State of Indonesia.

The rapid and widespread establishment of domestic environmental courts and tribunals raises important questions regarding their implications for international environmental law and global environmental governance. I use an interdisciplinary, multi-method approach to consider the capacity of domestic environmental courts to identify and apply norms and principles of international environmental law in domestic opinions. I first review existing literature, identifying jurisdiction, judicial discretion, and a court's position in a legal system as key institutional determinants of this capacity. I then develop a typology of domestic environmental courts and tribunals, which suggests that, all else being equal, a court with national geographic jurisdiction that also enjoys attributes of broad subject-matter jurisdiction and discretion may be expected to be best equipped to implement norms and principles of international environmental law. Next, I integrate existing assessments of environmental court presence with original outreach and web research to identify all countries which possess environmental courts, and assess a subset of eight existing national-level institutions. The analysis of this subset highlights the diversity of institutional models that can incorporate theorized best practices. Based on these findings, I draw several theoretical conclusions: specifically (i) the relevance of environmental court research to individual- and institutional-level analysis in transnational and international environmental law, (ii) the need for further legal-institutional analysis in global environmental governance scholarship, and (iii) the opportunity for further interdisciplinary analysis of the role of domestic courts in environmental governance.

Introduction One tentative conclusion that can be drawn from the previous chapter is that the extension of domestic EIA obligations to include impacts beyond the state without further international cooperation will not be adequate on its own to address the challenges posed by extraterritorial environmental impacts. The form that this international cooperation takes will be affected by the presence of environmental norms shared between states – which is to say that the development of international EIA commitments will not occur in a vacuum, but will reflect general principles of international environmental law. In this regard, this chapter outlines the relationship between international EIA processes and three sets of background norms: nondiscrimination, the harm principle and sustainable development. The relationship between the harm principle and international obligations to perform EIAs has long been acknowledged. As early as 1980, Gunther Handl argued that a state’s obligation to prevent environmental harm to areas beyond its own territory requires it to investigate the potential impacts of its activities, while the duty to cooperate requires a source state to give notice of any impacts to an affected state. In short, Handl suggested that a generalized duty to undertake EIAs arose by necessary implication from the existence of the harm principle and the duty to cooperate. This view is not, however, without controversy. For example, John Knox has argued that the procedural structure of EIA commitments in international law is at odds with the substantive orientation of the harm principle.

This article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy).

In May 2018, the United Nations General Assembly adopted the resolution “Towards a Global Pact for the Environment”. This resolution established an intergovernmental working group to discuss the opportunity to open treaty negotiations to codify the fundamental principles of international environmental law into a treaty dubbed the Global Pact for the Environment. In May 2019, the intergovernmental working group completed its mandate and adopted a set of recommendations that were formally endorsed by the United Nations General Assembly in August 2019. Contrarily to what the supporters of the Global Pact for the Environment project had hoped for, the working group only recommended the preparation of a “political declaration” without referring to the codification of the principles of international environmental law. This paper offers a critical commentary of the outcome of these negotiations. The analysis suggests that the decision to elaborate a Global Pact for the Environment would have entailed considerable risks for international environmental law and that if adopted, this instrument would not have necessarily helped to increase the problem-solving capacity of international environmental law. Based on the language used in the recommendation to prepare a “political declaration”, the paper also discusses some of the key elements that could shape and inform the upcoming negotiations of this declaration.

Purpose The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities. Design/methodology/approach This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers). Findings The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem. Originality/value Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.