9.3 Application & Enforcement of Environmental Law (DP IB Environmental Systems & Societies (ESS): HL): Flashcards
0Still learning
Know0
Define International Court of Justice (ICJ).
Was this flashcard helpful?
Cards in this collection (32)
Define International Court of Justice (ICJ).
The International Court of Justice (ICJ) is the main judicial body of the United Nations, which hears disputes between states, including cases related to environmental issues.
Define International Tribunal for the Law of the Sea (ITLOS).
The International Tribunal for the Law of the Sea (ITLOS) is a specialised tribunal that judges disputes concerning the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS), including environmental matters in maritime areas.
Define European Court of Justice (ECJ).
The European Court of Justice (ECJ) ensures the uniform interpretation and application of European Union law, including environmental directives and regulations.
What is the main role of international courts and tribunals in environmental law?
The main role of international courts and tribunals in environmental law is to resolve disputes, interpret treaties, and ensure compliance with international environmental agreements.
Which ICJ case addressed transboundary pollution concerns between Argentina and Uruguay?
The Pulp Mills on the River Uruguay (Argentina v. Uruguay) case addressed transboundary pollution concerns between Argentina and Uruguay at the ICJ.
True or False?
The Arctic Sunrise Case (Netherlands v. Russia) at ITLOS involved disputes over environmental protection in the Arctic region.
True.
The Arctic Sunrise Case addressed environmental protection issues in the Arctic region before ITLOS.
What challenge do courts face when calculating compensation for environmental harm?
Courts often struggle to determine the appropriate monetary value of environmental damage, which requires detailed scientific and economic analysis.
Environmental cases often involve intricate scientific, technical and legal issues, making judgements challenging.
Environmental cases often involve intricate scientific, technical and legal issues, making fair judgements challenging.
Implementing judgements and ensuring with court decisions can be complex, especially when multiple jurisdictions are involved.
Implementing judgements and ensuring compliance with court decisions can be complex, especially when multiple jurisdictions are involved.
Which court clarified the concept of waste under EU law in the Waste Framework Directive case (C-404/13)?
The European Court of Justice (ECJ) clarified the concept of waste under EU law in the Waste Framework Directive case (C-404/13).
Cases involving complex environmental issues require judges to have an expert understanding of scientific concepts, technical data, and .
Cases involving complex environmental issues require judges to have an expert understanding of scientific concepts, technical data, and legal precedents.
True or False?
Enforcing environmental court decisions is always straightforward, regardless of the number of countries involved.
False.
Enforcing environmental court decisions can be complex, especially when multiple jurisdictions are involved and cooperation across borders is needed.
Define legal personhood.
Legal personhood is the recognition of an entity as having legal rights and responsibilities, similar to a human being or corporation.
Which two rivers in India were granted legal personhood in 2017 to ensure their protection?
The Ganges and Yamuna rivers in India were granted legal personhood in 2017 to ensure their protection and conservation.
Granting legal personhood to entities gives them the legal standing to advocate for their own .
Granting legal personhood to natural entities gives them the legal standing to advocate for their own protection.
How does granting legal personhood to natural entities relate to corporate personhood?
Granting legal personhood to natural entities is similar to corporate personhood, as both allow the entity to have legal rights and responsibilities, such as owning property and being represented in court.
Define Te Awa Tupua.
Te Awa Tupua refers to the Whanganui River as a living entity with spiritual and cultural significance in Māori culture.
What is the role of Te Pou Tupua in the governance of the Whanganui River?
Te Pou Tupua is the governance body established to act as the legal guardian and advocate for the Whanganui River, ensuring its rights and interests are protected.
The River Claims Settlement Act of 2017 granted the river legal in New Zealand.
The Whanganui River Claims Settlement Act of 2017 granted the river legal personhood in New Zealand.
True or False?
Granting legal personhood to natural entities aligns with ecocentric and Indigenous perspectives.
True.
Legal personhood for natural entities aligns with ecocentric values and many Indigenous knowledge systems, recognising the interconnectedness and intrinsic value of nature.
Define sustainable use of the environment.
Sustainable use of the environment means using natural resources in a way that meets the needs of the present without compromising the ability of future generations to meet their own needs.
What is the main purpose of legal frameworks in environmental protection?
The main purpose of legal frameworks is to establish rules and regulations that protect the environment and ensure sustainable resource management.
Legal strategies involve establishing , and to protect the environment and natural resources.
Legal strategies involve establishing laws, regulations and policies to protect the environment and natural resources.
True or False?
Legal strategies alone are always enough to ensure environmental sustainability.
False.
The most successful outcomes are achieved by combining legal and economic strategies to align economic interests with environmental goals.
Define economic strategies in environmental management.
Economic strategies are mechanisms such as subsidies, taxes, and payments for ecosystem services that incentivise sustainable resource use and conservation.
The Clean Air Act in the UK sets standards for , regulates from industrial activities, and imposes penalties for non-compliance.
The Clean Air Act in the UK sets standards for air quality, regulates emissions from industrial activities, and imposes penalties for non-compliance.
What is a major challenge in assigning economic value to ecosystem services?
A major challenge is the difficulty in quantifying the value of natural resources and ecosystem services, such as clean air, water, and biodiversity.
Economic strategies such as or create financial incentives for industries to reduce greenhouse gas emissions.
Economic strategies such as carbon taxes or emissions trading schemes create financial incentives for industries to reduce greenhouse gas emissions.
How can combining legal and economic strategies benefit environmental sustainability?
Combining legal and economic strategies can align economic interests with environmental protection goals and incentivise compliance with sustainable practices.
Imposing fines on companies for illegal dumping not only deters harmful activities but also generates for environmental restoration efforts.
Imposing fines on companies for illegal dumping not only deters harmful activities but also generates revenue for environmental restoration efforts.
What is one example of a legal mechanism that sets environmental standards in the UK?
The Clean Air Act is a legal mechanism that sets standards for air quality and regulates emissions in the UK.
Define payments for ecosystem services.
Payments for ecosystem services are financial incentives given to landowners or resource users to encourage them to conserve or restore ecosystem functions.
Sign up to unlock flashcards
or