This Article is Written by Christina Fernandes of BBA LLB of Amity Law School, Noida, Intern under Legal Vidhiya
Abstract
International environmental law is a complicated and dynamic area influenced by several political and policy factors. A brief description of some of the major forces influencing the creation and application of international environmental law is given in this abstract. International environmental law is based on the understanding that environmental problems transcend national boundaries and that successful solutions need collaboration. A desire to solve global environmental issues, the need to safeguard the well-being and health of people, and worries about the effects of environmental degradation on economic growth and development are just a few of the political motivations that frequently motivate this collaboration. The need to balance environmental protection with economic development, the need to make sure that environmental laws are successful and cost-effective, and the requirement that policies take into account the interests of various stakeholders, such as governments, corporations, and civil society, all have an impact on international environmental law. To guarantee that policies pertaining to the environment are successful, fair, and sustainable as international environmental law develops, it will be crucial to take these political and policy considerations into account. This will need constant communication and cooperation between governments, corporations, civil society, and other stakeholders, as well as a dedication to rational decision-making and a readiness to modify policies in anticipation of fresh data and shifting conditions.
Introduction
The body of legal doctrines, guidelines, and norms that control how people interact with the environment are collectively referred to as international environmental law. It is intended to encourage the protection and sustainable use of natural resources and safeguard the environment for generations to come. It consists of both customary international law and legislation based on treaties.
Governments, non-governmental organizations, international organizations, and the private sector are just a few of the several actors who are involved in the complicated and multidimensional politics that underpin international environmental law. The conflict between environmental conservation and economic growth is at the core of contemporary politics. For instance, numerous emerging economies contend that in order to provide the fundamental requirements of their citizens, they must put economic expansion ahead of environmental conservation. In spite of these conflicts, much work has been done recently to enhance and develop international environmental law and policy. The UN Framework Convention on Climate Change (UNFCCC), which was created in 1992 and has subsequently been recognized by almost all nations in the world, is one of the most significant foundations for international environmental law. The UNFCCC seeks to maintain the concentrations of greenhouse gases in the atmosphere at a level that will shield the climate system from harmful anthropogenic intervention. The advent of the idea of sustainable development has been a significant advance in international environmental law. A comprehensive method for decision-making processes, sustainable development aims to strike a balance between factors related to the economy, society, and the environment. The report known as the Brundtland Report, which was released in 1987 by the World Commission on Environment and Development, was where the idea was originally introduced. The management of hazardous wastes and chemicals, the control of air and water pollution, the preservation and management of biological variety, and the preservation of the seas and marine environment are all covered by international environmental law. These concerns are covered by multiple international agreements and accords, such as the Stockholm Convention on Persistent Organic Pollutants, the Basel Convention, the Convention on the Law of the Sea, and the Convention on the Protection of Biological Diversity. On a worldwide scale, the growth of international environmental laws is a reflection of the increasing understanding of the interconnectivity of the global environment and the necessity of taking action in concert to solve environmental issues. While governments, NGOs, and other stakeholders are continuing to work toward this aim, there are undoubtedly economic and political obstacles that stand in the way. Nevertheless, progress is still conceivable.
Sustainable Development Summits
Worldwide gatherings known as sustainable development summits are dedicated to advancing sustainable development and combating climate change. The 2030 Agenda for Sustainable Development was adopted at the UN Sustainable Development Summit in 2015 [1]. The Energy and Resources Institute (TERI) hosts the World Sustainable Development Summit (WSDS), an annual conference that brings together corporate executives, government officials, and other participants to share information on a sustainable future [2] [3] [4]. The subject of incorporating sustainable growth and resilience to climate change for collective action [5] [6]was the focus of the 22nd World Sustainable Development Summit, which was held in New Delhi, India, from February 22–24, 2023. The Sustainable Development Leadership Award, given yearly to distinguished global leaders for their contributions to sustainable development, is also presented at Conferences [7]. The United Nations Sustainable Development Summit, which took place in September 2015 and adopted the SDGs, is the most well-known Sustainable Development Summit. Since that time, the UN has convened yearly a high degree political discussions on sustainable development to assess the SDGs’ progress and pinpoint regions for development. The annual Green Week conference in the European Union, the Africa Sustainable Development Summit, and the Asia-Pacific Economic Cooperation (APEC) Summit are just a few examples of regional and national sustainable development summits in addition to the United Nations Summit. Governments, organizations, and other stakeholders can share ideas and examples of excellence at environmentally friendly development summits, work together to find solutions to shared problems, and pledge to achieve the goals of sustainable development.
International Environmental Principles
The underlying ideas and guidelines that direct the creation and application of international environmental law are known as international environmental principles. The sovereignty and responsibility principle, the precautionary principle, and the preventative principle are some examples of these concepts[8]. Global accords and customary international law have given rise to the concepts and regulations of international environmental law[9]. The basis for resolving issues related to the environment and advancing sustainable development is provided by the complete and essential principles of international environmental law [10]. The key principles of international environmental law are founded on the understanding that people and the environment are interdependent, that cooperation between governments is necessary, and that environmentally friendly development is essential[11]. To direct environmental governance and decision-making at the international level, several environmental principles have been formed. The following are a few of the most significant of these principles:
- The Precautionary Principle: – This asserts that decision-makers should err on the side of caution and take steps to avert harm in circumstances where there is scientific ambiguity on potential environmental impact.
- The Polluter Pays Principle:- It states that people who harm the environment should be liable for the expenses associated with repair and cleaning.
- The Sustainable Development Principle:- It emphasizes that it is essential to strike a balance between economic, social, and environmental factors when making decisions so that progress may fulfill existing demands without jeopardizing the ability of generations to come to meet their own needs.
- The Common but Differentiated Responsibilities Principle:- This acknowledges that given their different levels of economic progress and historical contributions to environmental degradation, developed and developing countries have different responsibilities for addressing environmental issues.
- The Inter-Generational Equity Principle:- Highlights the significance of taking subsequent generations’ demands and preferences into account while making choices regarding the environment.
- The Principle of Integration:- Holds that social, economic, and ecological factors must all be taken into account when addressing environmental challenges since they are linked.
These principles have been recognized and implemented in several international environmental treaties and accords, including the Stockholm Declaration, the Convention on Biological Diversity, and the United Nations Framework Convention on Climate Change (UNFCCC).
Global environment agreements and how are they enforced.
Multilateral attempts to lessen human influences on the environment are known as global environmental agreements [12] [13]. These treaties encourage international collaboration and serve as a crucial tool to prevent environmental deterioration that transcends national boundaries [14]. There are several hundred international environmental accords, although the majority only connect a small number of nations [15]. These bilateral, or occasionally trilateral, accords are crucial to the global environmental framework but only have legal force in the nations that have ratified them [16]. The Paris Agreement, the Protocol on Environmental Protection to the Antarctic Treaty, and the North American Agreement on Environmental Cooperation are some of the important agreements [17]. Peer-reviewed, multidisciplinary publication International Environmental Agreements: Politics, Law, and Economics concentrate on the theoretical, legal, and practical facets of international environmental agreements [18]. The issue of enforcing international environmental accords is difficult. International organizations and agreements have been impacted by a lack of adequate enforcement mechanisms during the 20th century[19]. Intergovernmental initiatives to lessen human impacts on the environment are referred to as international environmental agreements[20] [21]. These accords deal with issues affecting the environment on a worldwide scale, such as the reduction in biodiversity [22]. These accords are only enforceable in the nations that have signed onto them, thus enforcing them is challenging. The desire of the nations to abide by the agreements and the efficiency of the monitoring and reporting procedures are key factors in ensuring the implementation of international environmental agreements [23]. The political commitment of the parties to uphold the agreements and the availability of resources to do so determine the success of this mechanism [24]. To maintain compliance and advance sustainable development, governments, international agencies, and the private sector must work together to enforce global environmental accords [25] [26].
Addressing climate change and how can individuals address it
One way to combat climate change is to lessen and stabilize the amount of temperature-trapping greenhouse gases in the atmosphere through mitigation, and the other is to adapt to its effects through adaptation [27]. Mitigation entails reducing greenhouse gas emissions and air pollutants, which in turn improves public health, lowers poverty and inequality, and mitigates the effects of climate change[28]. Adaptation entails creating and implementing resilience and adaptation strategies to lessen communities’ and ecosystems’ sensitivity to the effects of climate change[29]. Investments must hasten the economy’s transition to a low-carbon future, and nations must address all climate risks in order to combat climate change[30]. Governments must include climate change measures in their preparations, strategic plans, and policies at the national level. They also need to increase public knowledge and education about the issue, as well as the capacity of institutions and individuals for early warning, impact reduction, and mitigation [31]. To advance environmentally friendly growth and lessen the effects of climate change on people and the environment, governments, corporations, civil society, and individuals must work together to address the problem of climate change [32].
Climate Change
There are several actions that people may do to combat climate change. One method is to change their mode of transportation, such as carpooling or taking public transportation, and to limit their energy use by using energy-efficient appliances and turning off lights when not in use [33] [34]. Changing their diet to include a greater number of plant-based meals and less wasted food is another option [35] [36]. Voting for politicians that emphasize tackling climate change and supporting climate policy are other ways for people to engage in democracy.[37] Another approach to combat climate change is to invest in sustainable energy and divest from fossil fuels [38]. Additionally, people may raise political awareness of the effects of climate change and maintain pressure on their elected officials to initiate action [39]. Governments must include climate change mitigation, adaptation, impact reduction, and early warning measures in national policies, plans, and planning, as well as strengthen education and awareness-raising efforts. To promote environmentally friendly growth and lessen the effects of climate change on people and the environment, governments, corporations, civil society, and individuals must work together to combat climate change [40]. There are several actions that people may do to combat the effects of climate change. One method is to change their mode of transportation, such as carpooling or taking public transportation, and to limit their energy use by using energy-efficient appliances and turning off lights when not in use. Changing their diet to include more plant-based meals and less waste from food is another option. Voting for politicians that emphasize climate action and support climate policy is another way for people to engage in democracy. Another strategy to combat climate change is to invest in sustainable energy and divest from fossil fuels. Additionally, people may raise political awareness of climate change and maintain pressure on their elected officials to take action. There are two alternative ways of reacting to climate change: mitigation and adaptation. Mitigation entails lowering and stabilizing atmospheric concentrations of heat-trapping greenhouse gases. In order to combat climate change, individuals may also assist with mitigation and adaptation activities by making donations, volunteering, and supporting organizations that address climate change-related issues.
Reversing ozone depletion
Decreasing the levels of ozone-depleting compounds can help to restore the natural balance between ozone formation and destruction, reversing ozone depletion [41]. 99% of ozone-depleting compounds have been phased out [42], and the protective layer above Earth is being refilled. In around four centuries [43], the ozone hole—a severe weakening of the ozone layer above Antarctica—will entirely close. The ozone layer has been successfully saved thanks to human intervention, and it might rebound in a matter of decades [44]. Volcanic eruptions are known to hasten ozone depletion, and geoengineering efforts to stop it would probably slow down the progress [45]. Decreasing the levels of ozone-depleting compounds can help to restore the natural balance between ozone formation and devastation, reversing ozone depletion[46]. 99% of ozone-depleting compounds have been phased out, and the protective layer above Earth is being refilled. In around four centuries, the ozone hole—a severe weakening of the ozone layer above Antarctica—will entirely close. The ozone layer has been successfully saved thanks to human intervention, and it might rebound in a matter of decades[47]. Volcanic eruptions are known to hasten ozone depletion, and geoengineering efforts to stop it would probably slow down the progress.
Politics behind international environmental law
International Environmental Law is a branch of legislation focusing on preserving the environment via principles and bilateral and multilateral agreements[48] [49]. Politics, law, and economics all study and debate the efficacy of international environmental regimes[50] [51]. However, the anarchic character of international interactions makes it challenging to enforce international environmental law[52].
What role does politics play in global environmental law?
An important influence on how international environmental legislation is shaped is politics. A branch of international law called international environmental law seeks to safeguard the environment through bilateral and multilateral agreements [53]. Domestic politics at the national and international levels have an impact on the creation and application of international environmental law [54] [55]. Failure to enforce the environmental rule of law is a result of the world community’s collective efforts to manage the shift to a sustainable future [56], which led to the emergence of worldwide environmental law. However, individual states lack the capacity and incentive to carry out environmental regulations, and there are no efficient worldwide enforcement mechanisms.
Conclusion
In conclusion, a range of elements, such as power dynamics between nations, economic interests, public opinion, and the function of international institutions, influence the policies and politics behind international environmental law. There is a rising understanding of the urgent need to address environmental concerns like climate change, despite the complicated and occasionally competing interests involved, and international environmental law may play a crucial part in this endeavor. As environmental issues become more serious, it is crucial that nations collaborate to create and put into place effective policies to save the earth for generations to come.
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