Environmen tal Law
Class 1
I. Axiological and Philosophical Principles of Environmental Law. Normative
Concepts concerning the Environment
AIO-2020-Karolina
Kulińska
I. Biological v Normative notions and concepts
EXAMPLE I
HAZARDOUS SUBSTANCES
ILC Draft Articles on Prevention of Transboundary Harm from Hazardous Activities
Art. 1. The present articles apply to activities not prohibited by international law which involve a risk of causing significant transboundary harm through their physical consequences.
According to literature 4 approaches to to the definition of hazardous substances are discernible in international agreements:
1. By reference to the inherent characteristics of those substances, such as flammability, explosiveness or oxidation
1992 Convention On The Transboundary Effects Of
Industrial Accidents
I. Biological v Normative notions and concepts
EXAMPLE I
HAZARDOUS SUBSTANCES 2. By reference to a listing
system which identifies certain activities or projects on the
basis that they are per se likely to have significant effect on the environment
1991 Espoo Convention
3. By reference to national laws
4. Regulation of specific substances
1998 Rotterdam Convention
II. Internationa l Environmen tal Law
Sovereignty of States v Environment
developed and developing States dilemma
human rights click click
Effectiveness
Outside the EU enforceable mostly through national legislation
International Responsibility of States
Example III Gulf war
legacy
III. Ethics
& Sociological dimension
Increased Activity of Environmental Organisations
Dark side:
Ecoterrorism
Greenwashing phenomenon
Example IV
Greta Thunberg
Sea Shepherd Whaling Case
