9.2 Legal Frameworks & Governance (DP IB Environmental Systems & Societies (ESS): HL): Flashcards
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Define environmental constitutionalism.
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Cards in this collection (32)
Define environmental constitutionalism.
Environmental constitutionalism is the inclusion of environmental principles, rights, and responsibilities within a nation's constitution to protect the environment and ensure the right to a healthy environment.
What does it mean when a constitution recognises the right to a healthy environment?
It means that citizens have a legal right to live in an environment that supports their health and well-being, and the state must take action to protect this right.
The Ecuadorian Constitution was one of the first in the world to recognise the of nature, granting legal rights to ecosystems to exist and regenerate.
The Ecuadorian Constitution was one of the first in the world to recognise the rights of nature, granting legal rights to ecosystems to exist and regenerate.
True or False?
The South African Constitution places a duty only on individuals, not the state, to protect the environment.
False.
The South African Constitution imposes a fundamental duty on the state to protect and preserve the environment, in addition to recognising individual rights.
Define Article 24 – Right to a Healthy Environment.
Article 24 of the South African Constitution guarantees citizens the right to an environment that is not harmful to their health and well-being.
How has the constitutional recognition of environmental rights impacted governance in South Africa?
It has led to the creation of strong environmental laws and policies that address air and water quality, biodiversity, waste management, and land use planning.
A lack of clarity in defining "sufficient water" and inadequate mechanisms have resulted in violations of the right to water in rural and marginalised communities.
A lack of clarity in defining "sufficient water" and inadequate enforcement mechanisms have resulted in violations of the right to water in rural and marginalised communities.
Define local environmental law.
A local environmental law is a regulation or policy created by local councils or municipalities to address specific environmental issues relevant to the local community, such as recycling programmes, waste disposal, or land use planning.
Define national environmental law.
A national environmental law is a law enacted by a country's national government to address broad environmental issues, such as air and water quality standards, natural resource conservation, and nationwide environmental protection.
Define international environmental law.
An international environmental law is an agreement or treaty between multiple countries aimed at addressing transboundary or global environmental issues, such as climate change, pollution control, or biodiversity conservation.
What is one example of a local environmental law?
An example of a local environmental law is a regulation designating certain urban areas as conservation zones to protect green spaces and prevent development.
What is a key strength of national environmental laws?
A key strength of national environmental laws is that they provide consistent standards across the country and allow for stronger enforcement mechanisms.
Local, national, and international environmental laws each have their own and .
Local, national, and international environmental laws each have their own jurisdiction and scope.
True or False?
International environmental laws always have strong enforcement mechanisms.
False.
International environmental laws often have limited or ineffective enforcement mechanisms, making it difficult to ensure compliance by all countries.
How does the case of the Nile River illustrate the interaction between international and national environmental law?
The Nile River case shows that international agreements (like the Declaration of Principles) and national laws (such as Egypt’s Water Resources and Irrigation Law) must work together to manage shared resources effectively and resolve transboundary issues.
The governs the sustainable and equitable management of Egypt’s water resources, including water.
The Egyptian Water Resources and Irrigation Law governs the sustainable and equitable management of Egypt’s water resources, including Nile water.
What is a key purpose of the Paris Agreement (2015)?
The Paris Agreement (2015) aims to combat climate change by limiting global warming and reducing greenhouse gas emissions at the international level.
Define international agreement.
An international agreement is a treaty or convention signed by multiple countries to address shared challenges or objectives.
What is the main purpose of institutions created by international agreements?
The main purpose of institutions created by international agreements is to support implementation, coordinate efforts, and build capacity among member countries.
The International Union for Conservation of Nature (IUCN) is known for its of Threatened Species, which assesses the conservation status of species worldwide.
The International Union for Conservation of Nature (IUCN) is known for its Red List of Threatened Species, which assesses the conservation status of species worldwide.
What is the main aim of the Ramsar Convention on Wetlands?
The Ramsar Convention aims to protect wetlands of international importance and promote their sustainable use.
Define protocol in the context of international agreements.
A protocol is a supplementary agreement to a convention that may become legally binding if ratified, often focusing on specific commitments or measures.
The United Nations was founded in after World War II to promote peace, security, cooperation, and development.
The United Nations was founded in 1945 after World War II to promote peace, security, cooperation, and development.
True or False?
All international conventions are automatically legally binding for all countries.
False.
Only countries that have signed and ratified a convention are legally bound by its rules.
What was the main goal of the Montreal Protocol?
The main goal of the Montreal Protocol was to protect the ozone layer by phasing out production and use of ozone-depleting substances.
The Paris Agreement aims to keep the increase in global average temperature below °C above pre-industrial levels.
The Paris Agreement aims to keep the increase in global average temperature below 2 °C above pre-industrial levels.
Define international law.
International law refers to the rules and principles governing relations between nation states and other international entities.
What is an example of an international agreement to address transboundary pollution in Southeast Asia?
The ASEAN Agreement on Transboundary Haze Pollution is an example, addressing haze pollution from land and forest fires.
International law is important for resolving environmental issues that cross national borders, such as pollution and resource management.
International law is important for resolving transboundary environmental issues that cross national borders, such as pollution and resource management.
True or False?
International law only applies to relations between governments, not other organisations.
False.
International law also applies to intergovernmental organisations, NGOs, and multinational corporations.
What is the goal of the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing?
Its goal is to combat illegal, unreported, and unregulated (IUU) fishing by strengthening monitoring, control, and international cooperation.
International agreements often create or organisations to oversee the implementation and monitoring of their objectives.
International agreements often create institutions or organisations to oversee the implementation and monitoring of their objectives.
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