SCOPE AND HISTORY OF ENVIRONMENTAL LAW

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SCOPE AND HISTORY OF ENVIRONMENTAL LAW

• by
• Mark D. Griffith. B.A. (Hons.) Ph.D. LL.B
  (Hons.), LLM MCIArb
• .

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PURPOSE OF PRESENTATION

• Introduce basic concepts about the environment
• Environment
• Scope of Environmental Management
• Administration of Environmental Management
• Sustainable Development
• The Branches of Environmental Law including
  Caribbean Community Environmental Law and
• Role of UNEP in developing Environmental Law.

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DEFINITIONS OF ENVIRONMENT

• Why definition is important!
• Establishes the Philosophical Basis of any
  legislation drafted and implemented to protect
  the environment.
• Indicates the value place on the various aspects
  of the environment.
• Perceptions which policy maker have on the
  environment.
• Reflects the focus of environmental legislation
  and the commitment of the State to protect the
  environment.

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DEFINITIONS OF ENVIRONMENT

• Many Definitions!
• Man is both a creature and molder of his
  environment, which gives him physical sustenance
  and afford him the opportunity for intellectual,
  moral, social and spiritual growth. UN Conference
  on the Human Environment, 1972.
• Mankind is a part of nature and life depends on
  the uninterrupted functioning of natural systems
  which ensure the supply of energy and nutrients.
  Civilization is rooted in nature, which shape
  human culture and influence all artistic and
  scientific achievement, and living in harmony
  with nature gives man the best opportunities for
  the development of his creativity and for rest
  and relaxation. The World Charter for Nature,
  Adopted by UN in 1982
• Environment means the physical factors of the
  surroundings of human beings including the land,
  soil, water, atmosphere, climate, sound, odors,
  tastes and the biological factors of animals and
  plants of every description. National
  Conservation and Protection Act 1987, No.5 of
  1987, St. Kitts and Nevis

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SCOPE OF THE ENVIRONMENT/ENVIRONMENTAL MANAGEMENT

• Environmental management encompasses concerns
  about, among others
• Air quality
• Water quality and quantity
• Soil erosion and land degradation
• Protection of endangered species
• Proper management of dangerous chemicals
• Adequate treatment and proper disposal of waste
• Management of natural resources, including
• Forests
• Wetlands
• Scenic sites.
• Coordinated management of the global commons,
  including
• High seas
• Atmosphere
• Antarctica and
• Outer space

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ENVIRONMENTAL INDUSTRY

• activities which produce goods and services to
  measure, prevent, limit, minimise or correct
  environmental damage to water, air, soil, as well
  as problems related to waste, noise and
  eco-systems. This includes cleaner technologies,
  products and services that reduce environmental
  risk and minimize pollution and resource use.
  OECD/Eurostat, OECD and the Statistical Office of
  the European Communities, the Environmental Goods
  and Services Industry Manual for Data Collection
  and Analysis, 1999, OECD Publication, Paris.

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CLASSIFICATION OF ENVIRONMENTALSERVICES IN THE
CSME ZONE

• POLLUTION MANAGEMENT GROUP
• Solid/Hazardous Waste Management
• Recycled Materials
• Waste Water Management
• Air Pollution Control
• Noise and Vibration Abatement
• Remediation and Cleanup of Soils, Surface Water
  or Ground Water
• INFORMATION KNOWLEDGE/CAPACITY ENHANCEMENT
  SERVICES GROUP
• Analytical Services, Data Collection, Analysis
  and Assessment
• Environmental Research and development
• Environmental Education, Training and Information
• CLEANER TECHNOLOGY AND PRODUCTION GROUP
• Cleaner/Resource Efficient Technologies and
  Process
• Cleaner/Resource Efficient Products
• Source M.D. Griffith, 2009

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CLASSIFICATION OF ENVIRONMENTALSERVICES IN THE
CSME ZONE

• RESOURCE MANAGEMENT GROUP
• Renewable Energy
• Water Resources Treatment and Distribution
• Sustainable Biodiversity
• Coastal and Marine Protection and Management
• Protection and Management of Natural and Cultural
  Heritage
• Environmental Planning
• Natural Hazard Risk Assessment and Management
• Sustainable Land Management
• Sustainable Forestry Management
• Other Environmental Services
• Source M.D. Griffith, 2009

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WHAT IS SUSTAINABLE DEVELOPMENT?

• Development that meets the needs of the present
  without compromising the ability of future
  generations Brundtland Commission, 1987
• Calls for integration of environment and
  development at all levels of decision making
• Intra-generational and intergenerational equity
  equitable access to environmental resources by
  both present and future generation
• Sustainable and development-contradictory
• sustainable implies elements of long term
  renewal, maintenance, recycling, minimal raw
  material exploitation and the management of
  peoples needs on a collective basis
• development can be interpreted many different
  ways
• Concept institutionalized by the United Nations
  Conference on Environment and Development.

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TWO MAIN STREAMS OF ENVIRONMENTAL LAW

• International Environmental Law
• International law governs relations between
  independent states. The rules of law binding upon
  states therefore emanate from their own free will
  as expressed in Conventions or by usages
  generally accepted as expressing principles of
  law and established in order to regulate
  relations between these coexisting independent
  communities or with a view to the achievement of
  common aims. The Permanent Court of International
  Justice in S.S. Lotus.
• Special Brands of International Environmental
  Law
• Caribbean Community Environmental Law
• National Environmental Law
• Consists of legislation, standards, regulations,
  institutions and administration adopted to
  control activities damaging to the environment
  within a state.

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ROLE OF UNEP IN THE DEVELOPMENT OF ENVIRONMENTAL
LAW

• 1972 United Nations Conference on the Human
  Environment.
• 1972 UNEP established UNGA Resolution 2997
  (XXV11), 15 December 1972.
• 1975 UNGA approved UNEPs work contributing to
  the development and codification of a new body of
  international law to meet the requirements
  generated by environmental concerns.
• 1981 A Programme for the Development and
  Periodic Review of Environmental Law (the
  Montevideo Programme) was drafted.
• Conclusion of international agreement
• The development of international principles,
  guidelines and standards and
• Provision of technical assistance for the further
  development of national legislation and
  institutions, including the implementation of
  international agreements through national
  legislation.
• 1991 Review of the Montevideo Plan 1991 and the
  Programme for the Development and Periodic Review
  of Environmental Law for the 1990s.

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THANK YOU

• THANK YOU