International Law & Cooperation (HL IB Environmental Systems & Societies (ESS))

Importance of International Law

• International law refers to the rules and principles governing relations between nation states (i.e. countries) and other international entities, such as intergovernmental organisations (IGOs), non-governmental organisations (NGOs), and multinational corporations (MNCs)

  • It provides a framework for cooperation, negotiation, and resolution of disputes on a global scale

Addressing transboundary issues

• International environmental law plays a crucial role in addressing transboundary environmental issues, such as pollution and resource management, which extend beyond national borders

  • It provides mechanisms for countries to work together to tackle shared challenges and protect the global environment

Agreements on transboundary pollution

Example - ASEAN Agreement on Transboundary Haze Pollution:

• This Association of Southeast Asian Nations (ASEAN) Agreement aims to address the issue of transboundary haze pollution caused by land and forest fires

• Participating countries commit to preventing and mitigating haze pollution through cooperation, sharing of information, and coordinated response measures

  • For example, when haze pollution from forest fires occurs in one country, such as Indonesia, neighbouring countries like Singapore, Malaysia, and Thailand may be affected by the resulting air pollution

  • In response, these countries cooperate by sharing information about the location and extent of the fires, as well as weather patterns that may affect the spread of haze

  • They may also coordinate efforts to combat the fires, such as deploying firefighting resources and aiding affected communities

  • Additionally, participating countries commit to developing and implementing strategies to prevent forest fires and haze pollution, such as sustainable land management practices and fire prevention measures (e.g. fire-breaks)

Agreements on transboundary resource management

Example: FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing:

• The Food and Agriculture Organisation (FAO) initiative seeks to combat illegal, unreported, and unregulated (IUU) fishing activities, which pose threats to marine ecosystems and sustainable fisheries

• Countries collaborate to strengthen monitoring, control, and surveillance of fishing activities, promote responsible fishing practices, and combat IUU fishing through international cooperation and coordination

  • For example, this involves sharing information and intelligence on suspicious fishing activities, implementing measures to prevent IUU-caught fish from entering global markets, and conducting joint patrols and surveillance operations in high-risk areas

  • This can involve:

    • Monitoring fishing vessels operating in shared waters

    • Enforcing regulations on fishing quotas and gear restrictions (e.g. net hole size)

• By coordinating their efforts and resources, countries can effectively combat IUU fishing, protect marine biodiversity, and ensure the long-term viability of fisheries resources for present and future generations

UN Conferences & Agreements

• The United Nations (UN) is an international organisation founded in 1945, after World War II, to promote peace, security, cooperation, and development among nations worldwide

  • It serves as a forum for member states to discuss and address global issues such as conflict resolution, human rights, environmental protection, and humanitarian aid

• UN conferences bring together representatives from countries worldwide to address these global challenges

  • They aim to create international conventions (agreements) and protocols to tackle shared challenges

Types of agreements

• International Conventions (Agreements):

  • These are legally binding treaties agreed upon by UN conferences

  • All signatory countries must adhere to the rules and obligations outlined in these agreements

  • Example: United Nations Framework Convention on Climate Change (UNFCCC)

• Protocols:

  • Protocols are supplementary agreements that may become legally binding if they are ratified

  • They often focus on specific measures or commitments related to particular issues

  • Example: Kyoto Protocol, an extension of the UNFCCC, sets targets for reducing greenhouse gas emissions

Challenges in developing agreements

• International agreements and protocols can be challenging and slow to develop

Examples of Challenges in Developing Agreements

Examples of protocols and agreements

1. Montreal Protocol (1987):

• Full name: Montreal Protocol on Substances that Deplete the Ozone Layer

• Aim: to protect the Earth's ozone layer by phasing out the production and consumption of substances that deplete it, such as chlorofluorocarbons (CFCs) and other ozone-depleting substances (ODS)

• Relative success: highly successful in addressing ozone depletion as emissions of ODSs have rapidly fallen

• Amendments and developments: continual amendments and adjustments have been made to strengthen the protocol over time, including accelerating phase-out schedules and expanding the list of controlled substances

2. Kyoto Protocol (1997):

• Full name: Kyoto Protocol to the United Nations Framework Convention on Climate Change

• Aim: an international treaty building on the UN Framework Convention on Climate Change (UNFCCC) that committed state parties to reduce greenhouse gas emissions

• Relative success: amongst other achievements, this protocol successfully set binding targets for greenhouse gas emissions for developed countries

• Amendments and developments: despite challenges, the protocol led to increased awareness of climate change issues

  • However, it faced criticism for not imposing emissions reductions on major developing countries

  • The protocol was later succeeded by the Paris Agreement

3. Paris Agreement (2015):

• Full name: Paris Agreement under the United Nations Framework Convention on Climate Change

• Aim: to hold the increase in global average temperature to below 2 °C above pre-industrial levels

• Relative success: represents a landmark agreement with nearly all countries committing to climate action, as agreed by 195 parties at COP21

• Amendments and developments: the agreement encourages countries to regularly update their emissions reduction targets and submit long-term low greenhouse gas emission development strategies

  • It also includes provisions for climate finance and technology transfer to support developing countries in their climate efforts

  • However, challenges remain in achieving widespread implementation and financing commitments

International Agreements & Institutions

• International agreements are treaties or conventions signed by multiple countries to address shared challenges or objectives

  • They aim to foster cooperation, establish rules, and promote collective action on issues of global significance

  • They often focus on environmental issues

Role of institutions

• Implementation support: international agreements often create institutions or organisations to aid in the implementation of the agreement and monitoring of progress

• Coordination: these institutions serve as platforms for coordinating efforts, sharing information, and promoting collaboration among member countries

• Capacity building: institutions may also provide support and resources to help countries develop the necessary capacity and expertise to meet their obligations under the agreements (i.e. the actions they have agreed to take)

Examples of conventions and organisations

1. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES):

• Regulates international trade in endangered species to ensure their survival

  • For example, CITES regulates the trade of elephant ivory to protect elephant populations from illegal poaching and trafficking

• Assists member countries in implementing and enforcing the convention

• Collaborates with customs authorities and wildlife agencies to monitor and enforce trade regulations

2. International Union for Conservation of Nature (IUCN):

• Aims to conserve biodiversity and promote sustainable use of natural resources

  • For example, IUCN's Red List of Threatened Species assesses the conservation status of species worldwide

• Develops global forums and initiatives to address pressing conservation challenges, such as habitat loss and climate change

• Provides scientific expertise, policy guidance, and networking opportunities for member countries

3. Convention on Biological Diversity (CBD):

• It aims to conserve biodiversity, promote sustainable use of its components, and ensure fair and equitable sharing of benefits (e.g. newly discovered medical benefits from tropical plant species)

  • For example, the CBD's Aichi Biodiversity Targets set strategic goals for biodiversity conservation, such as protecting habitats and preventing extinctions

• The CBD supports member countries in implementing biodiversity conservation strategies, monitoring, and reporting on progress

4. Ramsar Convention on Wetlands:

• Aims to protect wetlands of international importance and promote their sustainable use

  • For example, Lake Natron in Tanzania is designated as a Ramsar site to conserve its unique ecosystem and support migratory bird populations

• Facilitates cooperation among member countries in designating and managing Ramsar sites

5. United Nations Environment Programme (UNEP):

• Coordinates environmental activities, assists countries in implementing environmental policies, and promotes sustainable development

  • For example, UNEP's Global Environment Outlook reports (typically published every five years) assess the state of the environment and provide policy recommendations for sustainable development

• Provides scientific assessments, capacity-building programmes, and policy advice to member countries

• Collaborates with governments, NGOs, and other stakeholders to address pressing environmental issues like climate change and pollution