International Environmental Law

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Introduce basic concepts about the environment
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Environment;
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Scope of Environmental Management;
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Administration of Environmental Management;
Sustainable Development;
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The Branches of Environmental Law including
Caribbean Community Environmental Law; and
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Role of UNEP in developing Environmental Law.
Why definition is important!
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Establishes the Philosophical Basis of any legislation drafted
and implemented to protect the environment.
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Indicates the value place on the various aspects of the
environment.
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Perceptions which policy maker have on the environment.
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Reflects the focus of environmental legislation and the
commitment of the State to protect the environment.
Many Definitions!
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Man is both a creature and molder of his environment, which gives him physical
sustenance and afford him the opportunity for intellectual, moral, social and
spiritual growth. UN Conference on the Human Environment, 1972.
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Mankind is a part of nature and life depends on the uninterrupted functioning of
natural systems which ensure the supply of energy and nutrients. Civilization is
rooted in nature, which shape human culture and influence all artistic and
scientific achievement, and living in harmony with nature gives man the best
opportunities for the development of his creativity and for rest and relaxation. The
World Charter for Nature, Adopted by UN in 1982
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“Environment” means the physical factors of the surroundings of human
beings including the land, soil, water, atmosphere, climate, sound, odors,
tastes and the biological factors of animals and plants of every description.
National Conservation and Protection Act 1987, No.5 of 1987, St. Kitts and Nevis
Environmental management encompasses concerns about, among others:
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Air quality;
Water quality and quantity;
Soil erosion and land degradation;
Protection of endangered species;
Proper management of dangerous chemicals;
Adequate treatment and proper disposal of waste;
Management of natural resources, including:
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Coordinated management of the global commons, including:
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Forests;
Wetlands;
Scenic sites.
High seas;
Atmosphere;
Antarctica; and
Outer space
Human elements of the environmental including:
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Human settlements;
Cultural, historical, and religious aspects of human activities;
Population; and
Minorities and indigenous peoples.
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“activities which produce goods and services to measure,
prevent, limit, minimise or correct environmental damage to
water, air, soil, as well as problems related to waste, noise
and eco-systems. This includes cleaner technologies,
products and services that reduce environmental risk and
minimize pollution and resource use”. OECD/Eurostat, OECD and
the Statistical Office of the European Communities, the Environmental Goods
and Services Industry: Manual for Data Collection and Analysis, 1999, OECD
Publication, Paris.
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POLLUTION MANAGEMENT GROUP
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Solid/Hazardous Waste Management
Recycled Materials
Waste Water Management
Air Pollution Control
Noise and Vibration Abatement
Remediation and Cleanup of Soils, Surface Water or Ground Water
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INFORMATION KNOWLEDGE/CAPACITY ENHANCEMENT SERVICES GROUP
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Analytical Services, Data Collection, Analysis and Assessment
Environmental Research and development
Environmental Education, Training and Information
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CLEANER TECHNOLOGY AND PRODUCTION GROUP
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Cleaner/Resource Efficient Technologies and Process
Cleaner/Resource Efficient Products
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*Source: M.D. Griffith, 2009
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RESOURCE MANAGEMENT GROUP
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Renewable Energy
Water Resources Treatment and Distribution
Sustainable Biodiversity
Coastal and Marine Protection and Management
Protection and Management of Natural and Cultural Heritage
Environmental Planning
Natural Hazard Risk Assessment and Management
Sustainable Land Management
Sustainable Forestry Management
Other Environmental Services
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*Source: M.D. Griffith, 2009
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Development that meets the needs of the present without compromising the ability of
future generations: Brundtland Commission, 1987
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Calls for integration of environment and development at all levels of decision making;
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Intra-generational and intergenerational equity: equitable access to environmental
resources by both present and future generation;
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Sustainable and development-contradictory
sustainable: implies elements of long term renewal, maintenance, recycling, minimal
raw material exploitation and the management of people´s needs on a collective basis
development: can be interpreted many different ways
Concept institutionalized by the United Nations Conference on Environment and
Development.
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International Environmental Law
International law governs relations between independent states. The
rules of law binding upon states therefore emanate from their own free
will as expressed in Conventions or by usages generally accepted as
expressing principles of law and established in order to regulate
relations between these coexisting independent communities or with a
view to the achievement of common aims. The Permanent Court of
International Justice in S.S. “Lotus”.
Special Brands of International Environmental Law
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Caribbean Community Environmental Law
National Environmental Law
Consists of legislation, standards,
administration adopted to control
environment within a state.
regulations, institutions and
activities damaging to the
1972: United Nations Conference on the Human Environment.
1972: UNEP established:
UNGA Resolution 2997 (XXV11), 15 December 1972.
1975: UNGA approved UNEP´s work contributing to the development and codification
of a new body of international law to meet the requirements generated by
environmental concerns.
1981: A Programme for the Development and Periodic Review of Environmental Law
(the Montevideo Programme) was drafted.
• Conclusion of international agreement;
• The development of international principles, guidelines and standards; and
• Provision of technical assistance for the further development of national
legislation and institutions, including the implementation of international
agreements through national legislation.
1991: Review of the Montevideo Plan 1991 and the Programme for the
Development and Periodic Review of Environmental Law for the 1990´s.
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