International Environmental

Law● Definition

○ The history

● Sources

○ Fundamental principals

• To adjust the rights and obligations arising from the relationship between subjects of international law in the progress of using or protecting or improving the environment, including the principles , rules and institutions of international law.

• United Nations Conference on the Human Environment

• United Nations Conference on the Human

Environment and Development

• World Summit on Sustainable Development

Sources

• International conventions

• International custom

• General principles of law

• The decisions of the court

• 《 The 1979 Convention on Long-Range Trans-boundary Air Pollution 》

• 《 The 1985 Vienna Convention for the Protection of the Ozone Layer 》

• 《 Convention on the Rights of the Child 1989 》

• 《 The 1992 Convention on Biodiversity 》

• Principle 21 of the 1972 Stockholm Declaration further stipulates that in addition to the sovereign right to exploit their own resources pursuant to their own environmental policies, states have the responsibility to ensure that activities within their jurisdiction or control do not cause the environment of other states or of areas beyond the limits of national jurisdiction.

• No state has the right to use or permit the use of

territory in such a manner as to cause injury by fumes

in or to the territory of another or the properties or

persons therein, when the case is of serious

consequence and the injury is established by clear and

convincing evidence.

•（ 1） Principles of sovereignty over natural resources and the responsibility not to cause damage to the environment of other states or to areas beyond national jurisdiction.

•（ 2） Principle of sustainable development

•（ 3 ） Principle of common but differentiated responsibility

•（ 4 ） Principle of preventative action

•（ 5） Precautionary principle

• （ 6 ） Principle of international cooperation

国际环境责任的形式• Cease the act

• Restitution

• Reparation

• Compensation

• Satisfaction

• 政治解决方法

• Negotiation and consultation

• Good offices and mediation

• Conciliation, Amiable composition

• International investigation

• 法律解决方法

• Arbitration

• Judgment of International Court of Justice

International Environmental Law

Air pollution

• The burning of fossil fuels produced sulfur dioxide and nitrogen oxides, which with water vapors in the air can cause acid rain.

• The stratospheric ozone layer plays a significant role in preventing excessive ultraviolet radiation to the surface of the earth. The 1985 Vienna Convention （ 1985维也纳公约） lays down a series of specific standards concerning the production of chlorofluorocarbons (CFCs 氟利昂）， which cause the destruction of the ozone layer.

• In 1989,a further goal was set in Helsinki Declaration ( 赫尔辛基宣言） that the production and consumption of such harmful substances were to be phased out no later than the year 2000.

Depletion of ozone layer

Global warning

• As a consequence of excessive emission of greenhouse gases such as carbon dioxide ,the strong effect of climate changes upon the life of mankind has eventually aroused much concern.

• It can be found that the heightening of the sea level as a result of the melting of glaciers on the Poles has posed much threat to the people who are living in lowlands along seacoast.

• With the effort of many states , the UN Framework Convention on Climate Change aims to ‘achieve stabilization of greenhouse gases in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system and such level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climate change , to ensure food production is not threatened and to enable economic development to proceed in a sustainable manner.’

• In order to control pollution, most of the states have accepted that the atmosphere covering the globe should be considered as a whole, although every state may claim the sovereign rights over its airspace respectively. Moreover, the atmosphere should be treated as a shared resources for the purposes of environmental protection.

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