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Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
The precautionary principle is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress.
Race to the bottom is a socio-economic phrase to describe either government deregulation of the business environment or reduction in corporate tax rates, in order to attract or retain economic activity in their jurisdictions. While this phenomenon can happen between countries as a result of globalization and free trade, it also can occur within individual countries between their sub-jurisdictions. It may occur when competition increases between geographic areas over a particular sector of trade and production. The effect and intent of these actions is to lower labor rates, cost of business, or other factors over which governments can exert control.
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military attack, national security is widely understood to include also non-military dimensions, such as the security from terrorism, minimization of crime, economic security, energy security, environmental security, food security, and cyber-security. Similarly, national security risks include, in addition to the actions of other nation states, action by violent non-state actors, by narcotic cartels, organized crime, by multinational corporations, and also the effects of natural disasters.
The United Nations Conference on Environment and Development (UNCED), also known as the RioConference or the Earth Summit, was a major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access to or places restrictions on distribution of certain types of information.
The right of conquest is a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles. The interdiction of territorial conquests was confirmed and broadened by the UN Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations." Although civil wars continued, wars between established states have been rare since 1945. Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.
The Rio Declaration on Environment and Development, often shortened to Rio Declaration, was a short document produced at the 1992 United Nations "Conference on Environment and Development" (UNCED), informally known as the Earth Summit. The Rio Declaration consisted of 27 principles intended to guide countries in future sustainable development. It was signed by over 175 countries.
A supranational union is a type of international organization that is empowered to directly exercise some of the powers and functions otherwise reserved to states. A supranational organization involves a greater transfer of or limitation of state sovereignty than other kinds of international organizations.
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on 25 June 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001. As of March 2014, it had 47 parties—46 states and the European Union. All of the ratifying states are in Europe and Central Asia. The EU has begun applying Aarhus-type principles in its legislation, notably the Water Framework Directive. Liechtenstein and Monaco have signed the convention but have not ratified it.
In law, comity is "a principle or practice among political entities such as countries, states, or courts of different jurisdictions, whereby legislative, executive, and judicial acts are mutually recognized." It is an informal and non-mandatory courtesy to which a court of one jurisdiction affords to the court of another jurisdiction when determining questions where the law or interests of another country are involved. Comity is founded on the concept of sovereign equality among states and is expected to be reciprocal.
In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This principle has also been used to put the costs of pollution prevention on the polluter. It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Union countries, and has a strong scientific basis in economics. It is a fundamental principle in US environmental law.
International law is the set of rules, norms, and standards generally recognized as binding between states. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
The Stockholm Declaration of 1972, or the Declaration of the United Nations Conference on the Human Environment, is the first United Nations declaration on the global environment. It consists of 26 principles and led to the creation of the United Nations Environment Programme (UNEP), which laid the foundation for future global environmental governance. The United Nations Conference on the Human Environment was held in Stockholm, Sweden, from June 5–16 in 1972. The 1972 United Nations Conference on the Human Environment signifies the first international effort to place environmental issues at the forefront of global concerns. The Conference sought to recognize the finite nature of Earth's resources and human impacts on the environment. It represented the beginning of a global dialogue on the link between economic growth, the pollution of the environment, and the well-being of humanity. The resulting Stockholm Declaration urged its partnering nations to reduce air, land, and water degradation by integrating science and technology in their development plans. It also called nations to create regulations on wildlife protection, environmental conservation, and population control. While the reception of the ideas in the Declaration generally stayed positive, it received wide criticisms on its practical implementation, especially from developing nations.
Common heritage of humanity is a principle of international law that holds the defined territorial areas and elements of humanity's common heritage should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.
The intrinsic value of a human or any other sentient animal comes from within itself. It is the value it places on its own existence. Intrinsic value exists wherever there are beings that value themselves.
Sentiocentrism, sentio-centrism, or sentientism is an ethical view that places sentient individuals at the center of moral concern. Both humans and other sentient individuals have rights and/or interests that must be considered.
International sanctions are political and economic decisions that are part of diplomatic efforts by countries, multilateral or regional organizations against states or organizations either to protect national security interests, or to protect international law, and defend against threats to international peace and security. These decisions principally include the temporary imposition on a target of economic, trade, diplomatic, cultural or other restrictions that are lifted when the motivating security concerns no longer apply, or when no new threats have arisen.
Common But Differentiated Responsibilities (CBDR) is a principle that was formalized in the United Nations Framework Convention on Climate Change (UNFCCC) of Earth Summit in Rio de Janeiro, 1992. The CBDR principle is mentioned in UNFCCC article 3 paragraph 1.., and article 4 paragraph 1. It was the first international legal instrument to address climate change and the most comprehensive international attempt to address negative impacts to global environment. The CBDR principle acknowledges that all states have shared obligation to address environmental destruction but denies equal responsibility of all states with regard to environmental protection.
References
- ↑ "New Perspectives on International Environmental Law". The Yale Law Journal. 82 (8): 1664. July 1973. doi:10.2307/795366. JSTOR 795366.
- ↑ Globalization Redux: New Name, Same Game. University Press of America. 2004. pp. 85–86. ISBN 0-7618-2922-9.
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