There is a mutual relationship between man and the environment. Read carefully What Is International Environmental Low. Due to this relationship, the environment can be introduced as a basic foundation on which the existence of human life depends. Therefore, the adverse effects on the environment will directly or indirectly affect man. Accordingly, taking into account the protection of the environment is the future of mankind. Very important for survival.
What Is The Environment….?
Basically, the environment is the physical factors that exist in the surroundings of humans, including dwellings, buildings, land, soil, water, atmosphere, climate, sound, smell, taste, and the biological factors of animals and plants of every description.
What Is Environmental Law?
In the early days, there were no laws directly related to the environment, and the environment had to be protected through other laws, remedies, etc. However, as a result of actions such as the Industrial Revolution, the natural environment began to be destroyed. Accordingly, the environment was prevented from damage caused by man’s use of the environment to meet his complex needs. Environment law was born to protect.
It is difficult to give a specific definition about environmental law. But if it is roughly stated, any legal aspect of a matter related to environmental conditions can be considered as environmental law. Accordingly, environmental law is related to many other laws and these laws have to remedy environmental problems.
Examples include human rights law, constitutional law, tort law, administrative law, consumer law, etc. When discussing environmental law, it can be identified as international and local environmental law.
No matter where an environmental problem occurs in the world, it can affect the entire world. Accordingly, all mankind should pay attention not only to the environment around them but also to the global environment. It primarily focuses on international environmental law.
Sources of International Environmental Law.
Important Sources Of International Environmental Law
- International conventions
- Customs
- General principles
- Judicial decisions
- The books and opinions of the authors
Several important principles can be identified as international environmental legal principles developed by these sources.
- Principles of International Environmental Law Edition
- That everyone should be committed to the global environment
- Protecting the environment is an inseparable part of development
- Sustainable development
- Duty not to harm the environment
- The principle of compensation by the corrupt
- Principle of prevention
- Liability both general and differentiated
- Equity between and within generations
- The right to development
- That environmental rights and human rights are equal to each other
- Public participation and related rights
- Common Trust Theory
Developmental Opportunities in International Environmental Law.
1.1972 Stockholm Declaration
2.1982 World Agenda on Environment
3.1987 Launch of the Brundtland Report on Our Common Future
4.1992 Rio Declaration
5.2002 Johannesburg Declaration
*Stockholm Declaration*
This is called the United Nations Declaration on the Human Environment. It is a collection of efforts in international law to protect and improve the environment. This primarily focused on transboundary pollution, ocean pollution, water pollution, the need to protect endangered species, the environment.
The need for management is about the issues, etc. The Stockholm declaration can be called as an important case of sustainable development. The 26 principles are included in the declaration. Man has the right to live in a good and respectful environment that suits his freedom and equality. Similarly, man has the serious responsibility of protecting and developing the environment for the present and future generations.
- Principle
For the benefit of both generations of plants and organisms, the air, water and soil of the earth should be preserved. - Principle
Extreme care must be taken in the use of non-renewable natural resources. - Principle
States should ensure that activities within their jurisdiction do not damage the property of other states. - Principle
States should develop international law on the responsibility and compensation of those who have been affected by environmental pollution and environmental damage for the effects of their activities in the territories outside the jurisdiction.
*1992 Rio Declaration*
The United Nations Program on Environment and Development is called. The report “Our Common Future” released by the Brundtland Commission contributed strongly to this. The concept of real development achieved without destroying the environment and the concept of sustainable development should be put into practice.
Proposals have been presented for the development of environmental protection in the 21st century. Among these proposals are socio-economic issues, conservation and management of resources for development, strategies for strengthening key groups and implementing them. 27 principles are contained in the declaration.
1. Principle
Man is entitled to a healthy and productive life in harmony with nature.
- Principle
It is recognized that states have the sovereign power to use natural resources and in the use of one power, care should be taken not to damage the environment outside the country. - Principle
The right to development must be implemented in a way that preserves the principle of intergenerational equity. - Principle
Environment and development cannot be separated from each other. - Principle
Eradication of poverty is essential for sustainable development. - Principle
States must eliminate unnecessary production and consumption patterns that they cannot afford. - Principle
Governments should work to liberally exchange modern scientific and technological knowledge with each other which is friendly to the environment. - Principle
The introduction of environmental laws at the national level, and efforts should be made to develop the administrative and judicial fields. - Principle
Alerting neighboring countries in the event of a natural or other environmental disaster that extends beyond borders.
20,21.Principle
Women and youth should participate for sustainable development. - Principle
Indigenous peoples and their traditional knowledge and important traditions are instrumental in creating sustainable development.
2002 Johannesburg publication
The focus will be on environmental and social needs. Accordingly, 5 main elements are considered important, namely water and sanitation, energy consumption and production, agricultural productivity, biodiversity and environmental regulations and management.
Some important environmental statutes.
* Biodiversity Charter
The purpose of this is to study biodiversity and genetic resources of species and the surrounding environment of living things and formulate the necessary policies for their conservation. In this way, it is expected to identify the necessary measures to ensure that countries contribute to the conservation of biodiversity through the activities used in their future development. Other tasks to be performed under the charter include identifying and monitoring important parts of biodiversity that need to be conserved and used sustainably, conservation of areas rich in biodiversity as protected areas, protection of threatened species, and traditional knowledge that has helped to use biodiversity sustainably since the past. The tasks of respecting, protecting and maintaining that knowledge, getting people’s support for conservation activities, and giving people an understanding of biodiversity and the importance of protecting it are considered priorities.
- International Convention on Climate Change
The purpose of this convention is to reduce the impact of global warming and sea level rise due to the high concentration of greenhouse gases. In 1991, more than 150 countries signed this charter at the Rio conference in Brazil. - Convention on International Trade in Endangered Species of Wild Fauna and Flora
The charter is implemented by subjecting the trade of selected animal and plant species to control. Import, export, re-export, and control of such species are subject to a licensing system in accordance with the charter. According to the amount of protection to be provided to the organisms covered by the charter, they are divided into three sub-documents. The first sub-list includes species that are threatened with extinction and whose trade is very little permitted. The Sub-Registration includes an organism protected in one Member State of the Convention at the request of that country requiring the assistance of other countries to control trade in the protected organism. - Convention on Conservation of Wetlands
The main objective of this convention is to recognize the fundamental economic cultural, scientific, and recreational values of wetlands to work towards their conservation and to prevent the permanent elimination of wetlands due to destruction. - Convention on the Protection of World Natural and Cultural Heritage
This obliges every country to constantly protect the nationally important natural and cultural heritage within its borders.
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