International Environmental Lawby Asmita Pramanik | 18-08-2018 03:33 |
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What is International Environmental Law? International Environmental Law (IEL) is concerned with the attempt to control pollution and the depletion of natural resources within a framework of sustainable development. It is a branch of public international law - a body of law created by states for states to govern problems that arise between states. Topics such as population, biodiversity, climate change, ozone depletion, toxic and hazardous substances, air, land, sea and transboundary water pollution, conservation of marine resources, desertification, and nuclear damage are covered under IEL. Why is it so crucial? Two huge challenges mentioned below, are determining how to clean up legacy problems, restore natural resources, and achieve human health protection and health ecosystems; and designing strategies to enable future growth while protecting the environment, maintaining biodiversity, safeguarding human health, and preserving cultural and social values. This results in a very complex set of decisions for government at all levels, and a regulatory framework that is supportive, facilitating and enabling is essential. -The environmental challenges facing individuals, communities, private companies and governments around the world are great in number and complex. Environmental issues today are known to be intertwined with social, cultural and economic issues. -Promoting economic growth with environmental, human health and cultural safeguards in place seems to be the path forward for most governments, but decades of environmental mismanagement have created severe legacy issues in most countries. Environmental laws in the UAE: The Government of UAE's untiring efforts towards enforcing environmental laws in the country is a fine example of how countries should uphold and implement their environmental laws. 1- Banning sea dumping Dumping waste in the sea raises environmental concerns which is life-threatening on the marine ecosystem in the region. The UAE has enacted laws banning throwing waste and oil sludge into the water by the hundreds of tankers operating in the region. The UAE Federal Law No. 24 of 1999 on the Protection and Development of the Environment prohibits the following:
2- Banning private ownership of dangerous animals The UAE has passed Federal Law No. 22 of 2016 which regulates the possession and trade of predatory, dangerous and semi-dangerous animals. Under this law, only zoos, wildlife parks, circuses, breeding and research centres would be allowed to keep wild or exotic animals. In addition, dog owners would need to buy a licence for their pets and keep them on a leash at all times when in public. Fines for failing to comply with the law would range from AED 10,000 to 700,000 and maybe accompanied by a jail term and the animal would be confiscated. Federal Law No. 16 of 2007 Concerning Animal Protection aims to maintain the rights and dignity of animals in the UAE. The UAE encourages the public to join voluntary activities related to animal protection. The UAE's Ministry of Climate Change and Environment signed an agreement with Emirates Animal Welfare Society and Emirates Park Zoo to promote animal protection. The agreement aimed at raising public awareness on animal welfare. It complements the ministry's intensified efforts to defend and preserve animal rights as well as promote their humane treatment through awareness campaigns. Emirates Animal Welfare Society is a voluntary institute that focuses on establishing and defending animal rights throughout the United Arab Emirates. In addition to identifying these rights, it aims to spread awareness on the importance of animal welfare and encourages the public to preserve the integrity of the environment and animals. Issues with the implementation of these laws The potential gap between the formal law and its enforcement is seen in many fields of law, but it raises particular challenges in the field of environmental protection. In areas of law such as competition, social security, or consumer protection there are clearly defined victims with legal interests who can and will ensure that the law is enforced. In contrast, the environment is often unowned in legal terms with the consequence that the environment dies in silence, it has been said. The responsibility for its legal protection lies largely on public authorities the police, local authorities, or specialised regulatory agencies often under competing policy priorities and severe resource constraints. Yet, as this Thematic Issue demonstrates, in recent years far greater attention is being paid to the question of enforcement of environmental law how it should most effectively be implemented, how best to ensure compliance, and how best to deal with breaches of environmental law where they occur. A possible solution There is no international court for the environment. Environmental disputes have been litigated before a wide range of adjudicative bodies - global and regional, judicial and arbitral. Many multilateral environmental regimes have 'non-compliance procedures' which are typically non-judicial. In my opinion, disputes between States concerning international environmental law can be heard in the International Court of Justice. The ICJ is a court of general jurisdiction that provides Advisory Opinions and decides contententious cases. Inter-State litigation is based on the remedial principle of 'State Responsibility' or international tort law. THE ICJ is only able to determine disputes between States: individuals and other non-state actors are not able to be parties to a dispute. Environmental protection disputes between States and non-state actors such as individuals, communities and corporations can also be heard in international human rights courts such as the European Court of Human Rights and the African Commission of Human and Peoples' Rights. LINKS FOR FURTHER REFERENCE- - https://www.soas.ac.uk/cedep-demos/000_P514_IEL_K3736-Demo/unit1/page_11.htm - http://unimelb.libguides.com/internationallaw/environmental |