INTERNATIONAL LAW

INTERNATIONAL
ENVIRONMENTAL LAW
Angela Diana F
Banu Putera A
Mufidah Haulah R
Novi Yanti
Yuliani I Sitompul

OUTLINE
Pollution and Devastation of The Environment
Protection of The Environment
Sources of International Environmental Law
Mechanism for Ensuring Compliance
The WTO, Liberalization of Trade and Protection of The

Environment

Pollution and Devastation of The Environment

Air pollution
Marine Pollution
Water Pollution
Global Warming of Greenhouse Effect
Depletion of The Ozone layer

Protection of The Environment

London Convention 1976 (Protection of Marine Pollution)
Vienna Convention 1985 (Protection of Depletion of the

ozone layer)
The Kyoto Protocol 1997 (protection of Global Warming)

Source of International Environmental Law

Customary International Law on Protection of The

Environment
International Treaties
Soft Law Instrument

Customary International Law on Protection of

The Environment
No State may knowingly allow its territory to be used in

such a way that would cause serious damage to the

environment of another State
Every State has under an obligation not to allow
knowingly its territory to be used for acts contrary to the
rights of Other State.

International Treaties
The 1979 Convention on Long-Range Transboundary Air

Pollution
The 1985 Convention for Protection of the Ozone Layer
The 1992 Framework Convention on Climate Change
Example:
The Rio Conference adopted the Framework Convention
on Climate change, 1992 (which was supplemented by the
Kyoto Addition Protocol 1997)

Soft Law Instrument

The 1972 Stockholm Declaration, passed by the 1972 UN

Conference on the Human Environment

The 1992 Rio Declaration on the Environment and
Development, addopted by UN Conference

 The Important principles in the soft law instruments are as

follows:
1. The natural resources of the earth including the air,
water, land, flora and fauna and natural ecosystems
must be safeguard for the benefit of present and future
generations (Principle 2 of the Stockholm
Declaration)
2. States have responsibility to ensure that activities within
their jurisdiction or control do not to cause damage to
the environment of other States or of areas beyond the
limits of areas beyond the limits of national limitation
( Principle 21 of the Stockholm Declaration and
Principle 2 of the Rio Declaration)

Mechanisms for Ensuring Compliance

A survey of numerous treaties on the environment shows

that the most widespread supervisory system may

grouped into 4 classes:
State's self-reporting procedures
b) Inspections
c) So-called non-compliance procedure
d) preventive global monitoring
a)

The WTO, Liberalization of Trade and Protection

of The Environment
Agreement of GATT: Article XX Paragraph (b):"necessary

to protect human, animal, or plant life or health

"Paragraph (g):"relating to the conservation ofexhaustible
natural resources"

 The states negotiating in Uruguay Round were aware of

the problem. in 1994 they set up a Committee on Trade

and Development charge with
a) identifying the relationship between trade measures
and environment and
b) making modification of the provisions of the multilateral
trading system required.