20^th Eco-gen Ambassador Program- 2^nd Report, July 2018

Introduction

Environmental law is a collective term that describes the broad network of treaties, statutes and regulations; common and customary laws addressing the effects of human activity on natural environment. 

Strongly influenced by environmental legal principles, the core environmental law regimes address environmental pollution and management of specific natural resources, such as forests, minerals, or fisheries. 

Other areas, such as environmental impact assessment, are also considered important components of environmental law.

Nature does not recognize the boundaries that we humans draw on land. Neither the impact of human activities on the environment, nor its consequences will be contained within any political boundaries. 

Thus any laws drafted to solve environmental problems need to be formulated and implemented through global collaboration and at an international level.

Needless to say, regional and local implementation of these laws is elementary towards success of the plans and policies covered by these laws. To this end, I am covering in my report, the relevance of International Environment laws, in relation to the European Environment Laws and specifically the regulations in Austria where I currently reside.

International Environment Law

International environmental law is a relatively young branch of law. The steady development of these laws in the last forty years has been driven by the following factors:

1. Growing concern for environmental problems and

2. Widespread recognition of the international dimension of environmental issues. 

These laws encompass a complex network of environmental treaties, policies, regulatory regimes and other legal instruments to address a range of environmental problems that are considered of international concern.

When environmental issues emerged on the international scene in the early 1970s, the USA led the preparations for the 1972 UN Conference on the Human Environment. 

They championed treaties such as the 1973 Convention on International Trade in Endangered Species (CITES) and the 1987 Montreal Protocol on Ozone Depleting Substances. 

However, in the recent years USA has faced prominent domestic political opposition to agreements like the Kyoto Protocol and the Convention on Biological Diversity.

European Environmental Law

In the last two decades, the European Union (EU) has emerged as the undisputed global leader and a major player in the realm of international environmental law.

They have taken a leadership role in ratification and implementation of major multilateral environmental agreements (MEAs), on issues ranging from climate change, to biodiversity, to trade in toxic wastes, to the regulation of persistent organic pollutants. 

The EU has also led efforts to promote 'green' international trade institutions, such as the World Trade Organization (WTO).

The EU leadership on global environmental law governance and commitment to ambitious environmental policies, have emerged as the result of the combined effects of local economic interests, domestic politics and international regulatory competition. 

However while the EU support to international agreements and treaties, serves to legitimize EU rules and shields them against legal challenges from world trade bodies, at the same time it also encourages other jurisdictions worldwide, to adopt similar environmental regulations. 

Environment Law in Austria

A country located in the heart of Europe, Austria is party to environmental treaties and/or EU environmental legislations covering the protection of atmosphere (trans-boundary air pollution, ozone depletion and climate change), the marine environment, international watercourses, nature and biodiversity conservation, toxic and other hazardous substances, the Antarctic environment, to name a few. 

Within Austria the environmental law is covered and enforced through various regulations including:

1. Environmental Impact Assessment Act 2000

2. Federal Waste Management Act 2002

3. Water Act (and more than 35 regulations on water).

4. Clean-up of Contaminated Sites Law.

5. Directive on Funding Clean-Up of Contaminated Sites 2008.

6. Air Pollution Impact Act.

7. Federal Act on a System for Trading Allowances.

8. Industrial Accident Ordinance.

9. Environmental Subsidies Act.

10. Federal Environmental Liability Act (Environmental Liability Act).

Enforcement of Environmental Law in Austria

In Austria, the government and the public, both take environmental laws seriously and enforcement is carried out at various levels

Authorities

The responsibility for enforcement lies mainly with the district authorities of the nine provinces in Austria. Administrative fines are imposed for non-compliance with environmental law.

Especially for industrial installations, inspections are carried out for compliance, safety precautions and coercive measures are imposed such as closure of machines and confiscation of goods. Severe breaches of environmental law can result in the withdrawal of plant permits.

NGOs

Environmental interests are also increasing represented by NGOs, since they have obtained the right to participate in environmental decision-making. Generally, NGOs can:

1. Comment on environment related plans and programmes

2. Participate in certain administrative (environmental) proceedings.

3. Appeal against the authorities' decisions.

4. Participation of NGOs can substantially influence approvals related to environmental issues and laws.

Public

In addition to NGOs, citizens' groups (Bürgerinitiativen) can infuence environmental laws in the following ways:

1. By participating as legal parties in the environmental impact assessment proceedings.

2. Citizens' groups usually concentrate on single projects relevant to the environment.

Conclusion

As is obvious, the efforts of the European Union to globalize the EU environmental regulation can contribute greatly to the formulation, adoption, implementation and effectiveness of the international environmental law.

Before I conclude, I would also like to add a personal observation. I strongly believe that technology, or rather 'how we have used technology', has played a major role in contributing to environmental problems. At the same time technology can also serve towards providing solutions to these environmental problems. Accordingly, I feel that environmental law must focus greatly on regulating technological development, while also stimulating new development of innovative clean technologies.

Sources and References

https://en.wikipedia.org/wiki/Environmental_law

https://uk.practicallaw.thomsonreuters.com/6-503-1951?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

https://academic.oup.com/icon/article/13/4/945/2450823

https://utrechtjournal.org/articles