Summary LAW22306 Global and EU environmental law and policy

International environmental law definition

Réponse: International environmental law is a branch in international law dealing with the effects of human activity on the natural environment. It aims to prevent transboundary environmental problems and/or administer shared ecosystem jointly.

What are the key points in International environmental law?

Réponse: A) IEL wants to regulate sovereign entities B) IEL is fragmented C) states are the main actors

What are sovereign enities

Réponse: States, and not nations

Why is there a tension in the regulation of sovereign entities in IEL?

Réponse: There is a tension between states wanting to solve the problem together but also the desire to retain as much power as possible

Why is international law fragmented?

Réponse: There is no central government/ legislative body and no hierarchy between treaties. So a lack of coherence

What means no hierarchy between laws?

Réponse: No law is more important than another law

What is the UN Security Council?

Réponse: It has veto right, 15 members of which 5 are permanent. These are China, France, Russia, UK and US. They focus mainly on peace and security

IEL is made by

Réponse: States, which bind themselves and practice gives rise to customary law. But also bussinesses and organisations are important.

Were there any environmental treaties before 1945?

Réponse: No there were no environmental treaties. However there where treaties on fisheries and sea, which had environmental side effects. These treaties were also not worldwide, they mainly occured in the Western States. Since 1945 this changed and the number of treaties rapidly went up

When was the Trail Smelter Case?

Réponse: 1941