Pol340 FEB 1ST 2012.docx

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2 Apr 2012
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Pol340 FEB 1ST 2012
ENVIRONMENTAL LAW
- Convention on climate change UN adopted in NW 1992
- Intergovernmental panel on climate change NY 1992
- Montreal Protocol on substances that deplete the ozone layer mtl 1987 subsequently
adjusted and amended
- Kyoto protocol to the united nations framework convention on climat change
o Assigned amounts of target emissions of CO2 and gree house gazes.
Overall emission ot be 5% below the 1990 levels in commitment period
between 2008-2012
- Environment: tragedy of the commons: difficult to describe, to mobolize, incentivize individual
actors.
o Treaty based in most cases
o Difficulties of international environmental law, conceptual tensions:
State responsibility state responsible for international dealings, certain
responsibilities, sovereignty.
Tensions: respecting to sovereignty impacts of my actions within my
sovereign jurisdiction that impact on the sovereignty of another country.
Conflict of sovereignty, another way of looking at collective action
problem.
Doctrine of state responsibility you are responsible for your actions, ex:
pollution beyond your share and
Obligations to remedy such a breach but sovereignty says you can do
wtv you want in your territory you can do it but you cannot affect the
sovereignty of another.
- Instruments of international law to solve environmental problems:
o NGOs within and outside countries pressure governments, intellectual and other.
Part of growth of environmental law where NGO movement.
o Treaties: Kyoto, declarations: Stockholm
Agreement willingly to act in order to solve problem
Tension in the treaties however ex: in Canada even more complicated because
of federalism (implementation problem)
o Sanctions: ways at domestic and international law of punishing countries for certain
behavior with the purpose of promoting different behavior or instrumetns to incentivize
desired behavior
Ex: political sanction (not meet, expel embassador etc.) , economic sanction,
trade sanctions, strategic sanctions (above trading and political that threatens
geopolitical strategic wellbeing of country: war for example) financial sanctions
(targeted, to individuals in banks for example)
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