International Environmental Law and Regulation
International Environmental Agreements
The Variety of International Environmental Agreements:
- Marine pollution
- Air pollution
- Hazardous material transport
- Nature & wildlife
- Antarctica
- Plant protection
Political Factors in International Agreements
- Economic status
- Political stability
- Superpowers
- Research centers
- Transparency and corruption
Canada’s Role in Environmental Agreements
- 1979: Convention on Long Range Transboundary Air Pollution
- 1987: Montreal Protocol
Montreal Protocol
- 191 countries agreed to phase out HCFCs
- Ozone layer absorbs 97–99% of harmful UV rays
Convention on Long Range Transboundary Air Pollution
- Limits/reduces air pollution through policies, research, and monitoring
Environmental Disasters
- Bhopal (1984, gas leak)
- Chernobyl (1986, nuclear explosion)
- Seveso (1976, dioxin crisis)
- London smog (1952)
Understanding International Law
What is International Law?
- Governs relations between independent nations
UN & International Law
- 500+ treaties concluded
- UNCITRAL develops trade law
- ILC promotes law development
- Before UN: ILA (1873), 133 treaties worldwide
How International Law Works
- General Assembly
- International Law Commission
- Security Council
- International Court of Justice
General Assembly
- Creates and adopts multilateral treaties
International Law Commission
- Prepares drafts that become conventions
Security Council
- Enforces laws, applies sanctions, has peacekeeping force
International Court of Justice
- Settles disputes, located in The Hague
- 15 judges, one per country, nominated by Permanent Court of Arbitration
Why One Judge per Nationality?
- Judges serve 9 years
- Elections every 3 years
- If a judge dies, someone from same country completes the term
Congress & Environmental Regulation
- Rival interests shape laws; polluters often stronger than environmentalists
- Strong bills get weakened in committee
- Congress passes vague laws due to time, expertise limits, and to avoid legal conflict
- Agencies handle the details
Types of Agencies & Departments
- Executive: Cabinet-level, broad powers, president-appointed (e.g., Dept. of Interior)
- Independent: Fixed-term leaders, limited powers (e.g., FDA)
- Hybrid: Broad powers, president-appointed (e.g., EPA)
Two Approaches to Regulation
- Media-Specific Laws: Target pollution in one area (e.g., Clean Air Act, Clean Water Act)
- Pollution-Specific Laws: Target specific pollutants (e.g., FIFRA, TSCA, RCRA, Superfund)
Regulatory Performance (6 Criteria)
- Administrative feasibility
- Legal survivability
- Enforceability
- Efficiency
- Fairness (equity)
- Tech innovation
Note: These criteria may conflict
Other Government Agencies with Environmental Roles
- Dept. of the Interior: BLM, Fish & Wildlife, Nat’l Park Service, Minerals Mgmt Service
- Dept. of Agriculture: US Forest Service
- Dept. of Labor: OSHA
- Other: Consumer Product Safety Commission, FDA
Law-Making & Regulatory Process
- President: Appoints heads, proposes laws/budgets, signs treaties, vetoes laws
- Congress: Approves appointments, makes laws, passes budget, ratifies treaties
- Courts: Judicial review, checks laws’ constitutionality
- Regulatory Bureaucracy (e.g., EPA): Implements laws
- Polluters: Use influence via lobbying and campaign contributions
- Citizens: Can sue EPA or polluters
- State EPAs: Enforce regulations