国际法Chapter 11.ppt

CHAPTER 11PROTECTION OF THE ENVIRONMENT 11.1 INTRODUCTION: Major themes A. Relative newness of area coupled with sense of urgency/crisis. B. Environmental problems present a fundamental challenge to traditional doctrine. C. Existing law inadequate or inappropriate; need for more effective response. D. Law in process of rapid development; difficult to ascertain what is binding norm and what is “soft law” of one form or another. 11.2 Development of International Environmental Law (IEL) A. Philippe Sands identifies four distinct periods in the evolution of IEL: 1. From development of early fisheries agreements until creation of UN: awareness of need to limit exploitation of resources. 2. From creation of UN until 1972 Stockholm Conference on the Human Environment: development of organizations and adoption of range of legal instruments 3. From 1972 until 1992 United Nations Conference on Environment and Development: global coordination and cooperation. 4. 1992 on: period of integration of environmental concerns into all aspects of international law and policy . B. Many commentators draw a distinction between “pre-environmental” era (when what little action states took was aimed purely at improving status of species that had commercial value) and “environmental” era starting in the 1960s, when changing perceptions of environmental damage led to various domestic legal/institutional responses that were mirrored at the international level. C. Chronology of significant dates/events: 1. 1972: United Nations Conference on the Human Environment. Outcome: a. Stockholm Declaration on the Human Environment b. Action Plan on the Human Environment c. Establishment of United Nations Environment Program 2.1987: World Commission on Environment and Development publishes its report, Our Common Future; concept of “sustainable development” popularized . 3. 1992: United Nations Conference on Environment and Development (UNCED or “Earth Su