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INTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTALINTERNATIONAL ENVIRONMENTAL
LAWLAWLAWLAWLAWLAWLAWLAW
NATURE PROTECTIONNATURE PROTECTION
THE DESTRUCTION OF NATURETHE DESTRUCTION OF NATURE
• Direct activities (hunting, collection)
• Indirect activities (habitat destruction and
modification – development and pollution)
• Climate change and ozone layer depletion
3 CATHEGORIES3 CATHEGORIES OF IEL:OF IEL:
• Treaties which are potentially applicable to all
species and habitats on the planet
• Treaties that are applicable to all species and
habitats within a particular region
• Treaties which are applicable at the regional or
global level but which have as their objective the
conservation of particular habitat or species
types
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REGULATORY TECHNIQUESREGULATORY TECHNIQUES
1. Establishment of protected areas
2. Prohibition and/or regulation on the taking of particular species
3. The establishment of seasons in which the taking of species is
permitted
4. Prohibition and/or regulation of international trade
5. The establishment of quotas for the taking of species
6. Management of habitats and ecosystems
7. Prohibition of methods or means of taking
8. Prohibition on the introduction of new and alien species
1971 RAMSAR CONVENTION ON WETLANDS1971 RAMSAR CONVENTION ON WETLANDS
OF INTERNATIONAL IMPORTANCEOF INTERNATIONAL IMPORTANCE
ESPECIALLY AS WATERFOWL HABITATESPECIALLY AS WATERFOWL HABITAT
Aims:
- conservation and enhancement of wetlands
Obligations:
- designation of at least one suitable wetland within its territory for
inclusion on the List of Wetlands of International Importance.
- the deletion or restriction of listed wetlands is permitted on the
grounds of an „urgent national interest“ and must be compensated
by establishing additional nature reserves
- to support reasonable use of all wetlands already in land-use
planning and policy-making processes.
Tools: Wetland Conservation Fund
List of Wetlands of International Importance
CONVENTON FOR THE PROTECTION OF THECONVENTON FOR THE PROTECTION OF THE
WORLD CULTURAL AND NATURAL HERITAGEWORLD CULTURAL AND NATURAL HERITAGE
PARIS 1972PARIS 1972
Objectives:
- protection of natural and cultural heritage
Tools:
- World Heritage Committee
- World Heritage List of Sites
- List of World Heritage in Danger
- World Heritage Fund
Obligations: - to cooperate, to protect and conserve
- not to take any deliberate measures which
may damage the heritage at the territory of other parties
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CASE LAWCASE LAW
Commonwealth v. Tasmania
• Hydroelectric power plant project (Franklin river
- Tasmania)
• Federal government in opposition
• A special law on the world heritage protection
was challenged at the High Court of Australia
• 1982 Franklin river area enclosed on the list of
sites protected under UNESCO Convention
CONVENTION ON THE INTERNATIONAL TRADE INCONVENTION ON THE INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD FLORA AND FAUNAENDANGERED SPECIES OF WILD FLORA AND FAUNA
WASHINGTON 1973WASHINGTON 1973
Aim: - to protect endangered species of animals and plants by
regulating the trade in them
Specimen - any animal or plant whether alive or dead and any readily
recognisable part or derivative thereof specified in
Appendices in relation to the species
CONVENTION ON THE INTERNATIONAL TRADE INCONVENTION ON THE INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD FLORA AND FAUNAENDANGERED SPECIES OF WILD FLORA AND FAUNA
WASHINGTON 1973WASHINGTON 1973
Appendix I species - all trade is prohibited (except under very limited
circumstances)
- import and export permits for proposed trade in
Appendix I specimens
Appendix II - specimens which are not necessarily threatened with
extinction but may become so unless trade in
specimens is subject to strict regulation
- commercial trade is allowed if it is not detrimental to
the survival of that species and the specimen was not
obtained in contravention of the law of the exporting
state.
- no import permit is required, the importer must present
an export permit
Appendix III - all species which any party identifies as being subject to
regulation within its jurisdiction for the purpose of preventing or
restricting exploitation.
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CONVENTION ON THE PRESERVATION OF EUROPEANCONVENTION ON THE PRESERVATION OF EUROPEAN
WILDLIFE AND NATURAL HABITATS (BERNE 1979)WILDLIFE AND NATURAL HABITATS (BERNE 1979)
3 objectives:
1. to conserve wild flora and fauna and their habitats,
2. to promote co-operation between states and
3. to give particular attention to endangered and vulnerable
species
Appendix I - strictly protected species of plants
Appendix II - strictly protected species of animals
Appendix III - species whose use must be regulated so that their
population would not become threatened
Appendix IV - prohibited means of capture and killing
CONVENTION ON THE PRESERVATION OF EUROPEANCONVENTION ON THE PRESERVATION OF EUROPEAN
WILDLIFE AND NATURAL HABITATS (BERNE 1979)WILDLIFE AND NATURAL HABITATS (BERNE 1979)
Measures to implement the aims:
• Promote national policies for the protection of
wild flora and fauna
• Prohibit deliberate killing and damaging of
species listed in Ap. I. and II.
• Integrate conservation into national planning
• To promote education and disseminate
information on the need to conserve species and
their habitats etc.
CONVENTION ON CONSERVATION OF MIGRATORYCONVENTION ON CONSERVATION OF MIGRATORY
SPECIES OF WILD ANIMALS (BONN 1979)SPECIES OF WILD ANIMALS (BONN 1979)
Objective: - conservation and effective management
of migratory species
Appendix I - endangered species (duty to conserve and
restore habitats, to prevent or minimize
adverse effects of activities which seriously
impede the migration of species, to prevent
factors that endanger or are likely to
endanger the species
Appendix II - migratory species which have an unfavourable
conservation status (international agreements)
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CONVENTION ON BIOLOGICAL DIVERSITYCONVENTION ON BIOLOGICAL DIVERSITY
RIO DE JANEIRO 1992RIO DE JANEIRO 1992
Objective:
- comprehensive preservation of biological
diversity
- sustainable use of its components
- fair and equitable sharing of the benefits arising
out of the utilisation of genetic resources including by
- appropriate access to genetic resources
- apppropriate transfer of relevant technologies
- appropriate funding
CONVENTION ON BIOLOGICAL DIVERSITYCONVENTION ON BIOLOGICAL DIVERSITY
RIO DE JANEIRO 1992RIO DE JANEIRO 1992
Obligations:
- to develop national strategies, plans and programmes for
the conservation and sustainable use of biodiversity
- to establish a system of protected areas
- to promote habitat protection
- to regulate and manage risks associated with the use and
release of living modified organism resulting from
biotechnology
PROTOCOL ON BIOSAFETY (MONTREAL 2000)
REGIONAL TREATIESREGIONAL TREATIES
• Alpine Convention (Salzburg 1991)
• European Landscape Convention
(Florence 2001)
• Carpathian Convention (Kyjev 2003)