Materi Kuliah Jurusan Hukum tentang Hukum Internasional Dunia Kuliah Intl-law 4-32
International law and the
Environment
Lecture 32
April 17
ASSIGNMENTS
Monday, April 17
•
•
Rio Declaration http://www.unep.org/Documents.multilingual/Default.asp?
DocumentID=78&ArticleID=1163
Stratospheric Ozone Layer p.642
Find and review the Vienna Convention
and Montreal Protocol on
the internet: http://www.unep.org/ozone/treaties.shtml
•
•
The Shrimp-Turtle Case p.654
Climate Change Legal Regimes –http://unfccc.int/
http://unfccc.int/resource/convkp.html
– MUST READ – not in textbook
1.- UNFCCC 2.- Kyoto Protocol
Student Presentations
April 26 - May 5
Attendance is compulsory
• Attendance sheet will be sent around randomly
• Exam questions are possible from the
presentations
• – Use other sources (internet: google.com) to
read up on areas that are being presented
(topics will be posted the previous class)
• -HAVE YOUR QUESTIONS READY FOR THE
PRESENTERS –
Presentations
• E-mail me your title, your name, and 3 main
points 2 days before your presentation
amhalvorss@aol.com
• - 5-10 minutes, succinct, write 3 main points
on blackboard, no reading of papers- only
notes
• - If you like, you can e-mail me a power-point
presentation 2 days before your presentation
which I can put on my computer
TRAIL SMELTER CASE
• Issue: 1) Does a state always owe a duty
to protect other states against injurious
acts by individuals from within its
jurisdiction?
• 2) May a state cause or allow air pollution
to affect another state.
TRAIL SMELTER CASE
• Holding: 1) Yes. A state owes at all times
a duty to protect other states against
injurious acts by individuals from within its
jurisdiction.
• 2) No. A state may not cause or allow air
pollution to affect another nation if the
consequences are serious and injury can
be established by clear and convincing
evidence.
COMPARISON
Trail Smelter holding-Stockh.21-Rio 2
• Princ. 21 refers to environment – Trail Smelter
just refers to property.
• - Princ. 21 extends state responsibility to
damage caused beyond the limits of national
jurisdiction – global commons.
• Rio 2 – refers to environment and development
Stockh.Princ.21- is considered customary intl
law
INTL LAW + ENVIRONM.
•
•
Stockholm Declaration 1972
Rio Declaration 1992 - http://www.un.org/documents/ga/conf151/aconf151261annex1.htm
• Johannesburg Plan of Implementation - WSSD
Principles and concepts:
- Sustainable development- development that meets the needs of the present w/o
-
compromising the needs of future generations – OUR COMMON FUTURE - 1987
Precautionary Principle – Rio Declar. Princ.15 –Example: Montreal Protocol on
the Substances that Deplete the Ozone Layer
Principle 7 - Common but differential responsibilities – example:
Montreat Protocol Art. 5, para.1
Principle 8 – eliminate unsustainable production and consumption
patterns
Be sure to read all the RIO PRINCIPLES
http://www.un.org/documents/ga/conf151/aconf151261annex1.htm
Environment
Lecture 32
April 17
ASSIGNMENTS
Monday, April 17
•
•
Rio Declaration http://www.unep.org/Documents.multilingual/Default.asp?
DocumentID=78&ArticleID=1163
Stratospheric Ozone Layer p.642
Find and review the Vienna Convention
and Montreal Protocol on
the internet: http://www.unep.org/ozone/treaties.shtml
•
•
The Shrimp-Turtle Case p.654
Climate Change Legal Regimes –http://unfccc.int/
http://unfccc.int/resource/convkp.html
– MUST READ – not in textbook
1.- UNFCCC 2.- Kyoto Protocol
Student Presentations
April 26 - May 5
Attendance is compulsory
• Attendance sheet will be sent around randomly
• Exam questions are possible from the
presentations
• – Use other sources (internet: google.com) to
read up on areas that are being presented
(topics will be posted the previous class)
• -HAVE YOUR QUESTIONS READY FOR THE
PRESENTERS –
Presentations
• E-mail me your title, your name, and 3 main
points 2 days before your presentation
amhalvorss@aol.com
• - 5-10 minutes, succinct, write 3 main points
on blackboard, no reading of papers- only
notes
• - If you like, you can e-mail me a power-point
presentation 2 days before your presentation
which I can put on my computer
TRAIL SMELTER CASE
• Issue: 1) Does a state always owe a duty
to protect other states against injurious
acts by individuals from within its
jurisdiction?
• 2) May a state cause or allow air pollution
to affect another state.
TRAIL SMELTER CASE
• Holding: 1) Yes. A state owes at all times
a duty to protect other states against
injurious acts by individuals from within its
jurisdiction.
• 2) No. A state may not cause or allow air
pollution to affect another nation if the
consequences are serious and injury can
be established by clear and convincing
evidence.
COMPARISON
Trail Smelter holding-Stockh.21-Rio 2
• Princ. 21 refers to environment – Trail Smelter
just refers to property.
• - Princ. 21 extends state responsibility to
damage caused beyond the limits of national
jurisdiction – global commons.
• Rio 2 – refers to environment and development
Stockh.Princ.21- is considered customary intl
law
INTL LAW + ENVIRONM.
•
•
Stockholm Declaration 1972
Rio Declaration 1992 - http://www.un.org/documents/ga/conf151/aconf151261annex1.htm
• Johannesburg Plan of Implementation - WSSD
Principles and concepts:
- Sustainable development- development that meets the needs of the present w/o
-
compromising the needs of future generations – OUR COMMON FUTURE - 1987
Precautionary Principle – Rio Declar. Princ.15 –Example: Montreal Protocol on
the Substances that Deplete the Ozone Layer
Principle 7 - Common but differential responsibilities – example:
Montreat Protocol Art. 5, para.1
Principle 8 – eliminate unsustainable production and consumption
patterns
Be sure to read all the RIO PRINCIPLES
http://www.un.org/documents/ga/conf151/aconf151261annex1.htm