ENVIRONMENTAL LAWS and POLICIES.

Environmental law is a complex and interlocking body of treaties, conventions, statutes,

regulations, and common law that, very broadly, operate to regulate the interaction of
humanity and the rest of the biophysical or natural environment, toward the purpose of
reducing the impacts of human activity, both on the natural environment and on humanity
itself. The topic may be divided into two major areas:

(1) Pollution control and remediation, and;

(2) Resource conservation and management.

Laws dealing with pollution are often media-limited - i.e., pertain only to a single
environmental medium, such as air, water (whether surface water, groundwater or oceans),
soil, etc. - and control both emissions of pollutants into the medium, as well as liability for
exceeding permitted emissions and responsibility for cleanup. Laws regarding resource
conservation and management generally focus on a single resource - e.g., natural resources
such as forests, mineral deposits or animal species, or more intangible resources such as
especially scenic areas or sites of high archeological value - and provide guidelines for and
limitations on the conservation, disturbance and use of those resources. These areas are not
mutually exclusive - for example, laws governing water pollution in lakes and rivers may also
conserve the recreational value of such water bodies. Furthermore, many laws that are not
exclusively "environmental" nonetheless include significant environmental components and
integrate environmental policy decisions. Municipal, state and national laws regarding
development, land use and infrastructure are examples.

Environmental law draws from and is influenced by principles of environmentalism,

including ecology, conservation, stewardship, responsibility and sustainability. Pollution
control laws generally are intended (often with varying degrees of emphasis) to protect and
preserve both the natural environment and human health. Resource conservation and
management laws generally balance (again, often with varying degrees of emphasis) the
benefits of preservation and economic exploitation of resources. From an economic
perspective environmental laws may be understood as concerned with the prevention of
present and future externalities, and preservation of common resources from individual
exhaustion. The limitations and expenses that such laws may impose on commerce, and the
often unquantifiable (non-monetized) benefit of environmental protection, have generated
and continue to generate significant controversy.

Given the broad scope of environmental law, no fully definitive list of environmental laws is
possible. The following discussion and resources give an indication of the breadth of law that
falls within the "environmental" metric.

Pollution does not respect political boundaries, making international law an important aspect
of environmental law. A plethora of legally binding international agreements now encompass
a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to
wildlife and biodiversity protection.

While the bodies that proposed, argued, agreed upon and ultimately adopted existing
international agreements vary according to each agreement, certain conferences - including
1972's United Nations Conference on the Human Environment, 1983's World Commission on
Environment and Development, 1992's United Nations Conference on Environment and
Development and 2002's World Summit on Sustainable Development have been particularly
important.

DIFFERENCES BETWEEN POLICY AND LAW

1) Policy is a principle that guide decision making while Law is a rule enforce by an

institution.

2) Policy is the outline for a goal that an institution intends to accomplish while

Law is an established procedure or standard that must be followed by members of

society.

3) Policy are used to guide the decision of organization or institution,

Law are used to implement justice and order.

4) Policy is informal in nature and is typically document that states the intentions of an

institution.

Law are more formal in nature and are used to offer equity in society.

i) Policy is used to create new law according to ETU.

Policy must always comply with existing law.

i) Law are enforced by the penalties of the judicial system and help to regulate

the action of member in society.

ii) Types of Law

 a) Civil law, (b) criminal law and international law, c) Environmental
Law.

5) Policy is a document that outline what a government is going to do and what it can

achieve for the society as a while.

Law is a system of rules passed by the government.

i) Law must be obeyed by all including private citizen, group and companies, public

figures organization and institution.

6) Policy sets out the goals and planned activities of an entity.

Law is need to pass to enable government to put in place the necessary institution and

legal framework to achieve their aim as set out in the policy.

7) Policy is informal, as it is just a statement or a document of what is intended to be

done in the future.

Law is formal, it is a system of rule and guideline that are derived for the welfare and

equity in society.

8) Policy is made in the name of the people.

Law are for the people.

9) Policy is stated objectives

Law are rules to be mandatory.

10) Policy is what you decide to do consistently.

11) Policy is frame for achieving certain goal.

Law are framed for justice to the society.

12) A person or corporation can have a policy of doing something.

Law a person or corporation can’t really law.

13) Policy is an informal rule made by anybody.

Law is more formal and has been passed by a legislative body such as the senate of

your state or country.

Treaties, protocols, conventions, etc.

International environmental agreements are generally multilateral (or sometimes bilateral)
treaties (a.k.a. convention, agreement, protocol, etc.). The majority of such conventions deal
directly with specific environmental issues. There are also some general treaties with one or
two clauses referring to environmental issues but these are rarer. There are about 1000
environmental law treaties in existence today; no other area of law has generated such a large
body of conventions on a specific topic.

Definition of terms

Convention

A ‘convention’ is a formal agreement between States. The generic term‘convention’ is thus

synonymous with the generic term ‘treaty’. Conventions are normally open for participation
by the international community as a whole, or by a large number of States. Usually the
instruments negotiated under the auspices of an international organization are entitled
conventions.

Protocol

The term ‘protocol’ is used for an additional legal instrument that complements and add to a
treaty. A protocol may be on any topic relevant to the original treaty and is used either to
further address something in the original treaty, address a new or emerging concern or add a
procedure for the operation and enforcement of the treaty—such as adding an individual
complaints procedure. A protocol is ‘optional’ because it is not automatically binding on
States that have already ratified the original treaty; States must independently ratify or accede
to a protocol.

Also

Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of
international law but are especially useful in the environmental field, where they may be used
to regularly incorporate recent scientific knowledge. They also permit countries to reach
agreement on a framework that would be contentious if every detail were to be agreed upon
in advance. The most widely known protocol in international environmental law is the Kyoto
Protocol.

Example 1:

Convention on the ban of the Import into Africa and the Control of Transboundary
Movements and Management of Hazardous Wastes within Africa, Bamako, 1991.

o Nitrogen Oxide Protocol

o Volatile Organic Compounds Protocol
o Sulphur Emissions Reduction Protocols 1985 and 1994
o Heavy Metals Protocol
o POP Air Pollution Protocol
o Multi-effect Protocol (Gothenburg protocol)

Example 2:

The Convention on Biological Diversity

The Convention on Biological Diversity, commonly referred to as the Biodiversity

Treaty, was one of two major treaties opened for signature at the United Nations
Conference on Environment and Development (UNCED) in 1992. The treaty defines
biodiversity as "the variability among living organisms from all sources including,
inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between
species and of ecosystems." Parties to the Biodiversity Treaty "affirm sovereign rights
over the biological resources found within their countries, while accepting
responsibility for conserving biological diversity and using biological resources in a
sustainable manner," according to an International Union for the Conservation of
Nature (IUCN) assessment of the treaty.

Having secured its 30th ratification in September 1993, the Biodiversity Treaty
entered into force December 29, 1993. One hundred sixty-seven nations have signed
the treaty since it was opened for signature at UNCED.

Treaty

A ‘treaty’ is a formally concluded and ratified agreement between States. The term is
used generically to refer to instruments binding at international law, concluded
between international entities (States or organizations). Under the Vienna
Conventions on the Law of Treaties, a treaty must be (1) a binding instrument, which
means that the contracting parties intended to create legal rights and duties; (2)
concluded by states or international organizations with treaty-making power; (3)
governed by international law and (4) in writing.

Signature
 ‘Signature’ of a treaty is an act by which a State provides a preliminary endorsement
of the instrument. Signing does not create a binding legal obligation but does
demonstrate the State’s intent to examine the treaty domestically and consider
ratifying it. While signing does not commit a State to ratification, it does oblige the
State to refrain from acts that would defeat or undermine the treaty’s objective and
purpose.

Ratify/Ratification

‘Ratification’ is an act by which a State signifies an agreement to be legally bound by

the terms of a particular treaty. To ratify a treaty, the State first signs it and then fulfils
its own national legislative requirements. Once the appropriate national organ of the
country –Parliament, Senate, the Crown, Head of State or Government, or a
combination of these –follows domestic constitutional procedures and makes a formal
decision to be a party to the treaty. The instrument of ratification, a formal sealed
letter referring to the decision and signed by the State’s responsible authority, is then
prepared and deposited with the United Nations Secretary-General in New York.

The instrument of ratification, formal confirmation or accession

When a State wishes to ratify or accede to the Convention or Optional Protocol, or a

regional integration organization wishes formally to confirm or accede, the State or
regional integration organization must execute an instrument of ratification, formal
confirmation or accession, signed by the Head of State, Head of Government or
Minister for Foreign Affairs.

There is no mandated form for the instrument; however, it must include the following:

● Title, date and place of conclusion of the Convention and/or Optional Protocol;
● Full name and title of the person signing the instrument;
● An unambiguous expression of the intent of the Government, on behalf of the State, to
consider itself bound by the Convention and/or Optional Protocol, and to undertake
faithfully to observe and implement its provisions;
● Signature of the Head of State, Head of Government or Minister for Foreign Affairs
(the official seal is not adequate) or any other person acting in such a position at the
time or with full powers for that purpose issued by one of the above authorities

These definitions are adapted from The Concise Oxford Dictionary of Current English (8th
edition), Clarendon Press, Oxford, 1990 and United Nations Treaty Collection, Treaty
Reference Guide, 1999, available at http://untreaty.un.org/English/guide.asp.

Judicial decisions
International environmental law also includes the opinions of international courts and
tribunals. While there are few and they have limited authority, the decisions carry much
weight with legal commentators and are quite influential on the development of international
environmental law.

The courts include: the International Court of Justice (ICJ); the international Tribunal for the
Law of the Sea (ITLOS); the European Court of Justice; and regional treaty tribunals.
Arguably the World Trade Organisation's Dispute Settlement Board (DSB) is getting a say on
environmental law also.

A List of Treaties, protocols and Conventions.

● Basel Convention Convention on the Control of Transboundary Movements of

Hazardous Wastes and their Disposal, Basel, 1989
● Comprehensive Test Ban Treaty (CTBT)
● Convention for Co-operation in the Protection and Development of the Marine and
Coastal Environment of the West and Central African Region, Abidjan, 1981.
● Convention for the Protection and Development of the Marine Environment and
Coastal Region of the Mediterranean Sea Barcelona Convention, Barcelona, 1976
● Convention on Biological Diversity (CBD), Nairobi, 1992.

● FAO International Code of Conduct on the distribution and use of Pesticides, Rome,
1985.
● FAO International Undertaking on Plant Genetic Resources, Rome, 1983.
● Framework Convention on Climate Change (UNFCCC), New York, 1992
● International Convention for the Prevention of Pollution from Ships
● International Convention for the Conservation of Atlantic Tunas (ICCAT), Rio de
Janeiro, 1966.
● International Convention for the Regulation of Whaling (ICRW), Washington, 1946.
● International Treaty on Plant Genetic Resources for Food and Agriculture
● Kyoto Protocol - greenhouse gas emission reductions
● Migratory Bird Treaty Act of 1918
● Ramsar Convention Convention on Wetlands of International Importance, especially
as Waterfowl Habitat, Ramsar, 1971.
● Rotterdam Convention Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade, Rotterdam, 1998.
● Stockholm Convention Stockholm Convention on Persistent Organic Pollutants
Stockholm, 2001.
● Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under
Water
● Comprehensive Test Ban Treaty 1996
● United Nations Convention on the Law of the Sea
● United Nations Convention to Combat Desertification
● United Nations Framework Convention on Climate Change
● Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985, including the
Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal 1987

The Copenhagen Accord

● Endorses the continuation of the Kyoto Protocol
● Underlines that climate change is one of the greatest challenges of our time and
emphasises a "strong political will to urgently combat climate change in accordance
with the principle of common but differentiated responsibilities and respective
capabilities"
● To prevent dangerous anthropogenic interference with the climate system, recognizes
"the scientific view that the increase in global temperature should be below 2 degrees
Celsius", in a context of sustainable development, to combat climate change.
● Recognizes "the critical impacts of climate change and the potential impacts of
response measures on countries particularly vulnerable to its adverse effects" and
stresses "the need to establish a comprehensive adaptation programme including
international support"
● Recognizes that "deep cuts in global emissions are required according to science"
(IPCC AR4) and agrees cooperation in peaking (stopping from rising) global and
national greenhouse gas emissions "as soon as possible" and that "a low-emission
development strategy is indispensable to sustainable development"
● States that "enhanced action and international cooperation on adaptation is urgently
required to... reduc[e] vulnerability and build.. resilience in developing countries,
especially in those that are particularly vulnerable, especially least developed
countries (LDCs), small island developing states (SIDS) and Africa" and agrees that
"developed countries shall provide adequate, predictable and sustainable financial
resources, technology and capacity-building to support the implementation of
adaptation action in developing countries"
● About mitigation agrees that developed countries (Annex I Parties) would "commit to
economy-wide emissions targets for 2020" to be submitted by 31 January 2010 and
agrees that these Parties to the Kyoto Protocol would strengthen their existing targets.
Delivery of reductions and finance by developed countries will be measured, reported
and verified (MRV) in acordance with COP guidelines.
● Agrees that developing nations (non-Annex I Parties) would "implement mitigation
actions" (Nationally Appropriate Mitigation Actions) to slow growth in their carbon
emissions, submitting these by 31 January 2010. LDS and SIDS may undertake
actions voluntarily and on the basis of (international) support.
● Agrees that developing countries would report those actions once every two years via
the U.N. climate change secretariat, subjected to their domestic MRV. NAMAs
seeking international support will be subject to international MRV
● Recognizes "the crucial role of reducing emission from deforestation and forest
degradation and the need to enhance removals of greenhouse gas emission by forests",
and the need to establish a mechanism (including REDD-plus) to enable the
mobilization of financial resources from developed countries to help achieve this
● Decides pursue opportunities to use markets to enhance the cost-effectiveness of, and
to promote mitigation actions.
● Developing countries, specially these with low-emitting economies should be
provided incentives to continue to develop on a low-emission pathway
● States that "scaled up, new and additional, predictable and adequate funding as well
as improved access shall be provided to developing countries... to enable and support
enhanced action"
● Agrees that developed countries would raise funds of $30 billion from 2010-2012 of
new and additional resources
● Agrees a "goal" for the world to raise $100 billion per year by 2020, from "a wide
variety of sources", to help developing countries cut carbon emissions (mitigation).
 New multilateral funding for adaptation will be delivered, with a governance
structure.
● Establishes a Copenhagen Green Climate Fund, as an operating entity of the financial
mechanism, "to support projects, programme, policies and other activities in
developing countries related to mitigation". To this end, creates a High Level Panel
● Establishes a Technology Mechanism "to accelerate technology development and
transfer...guided by a country-driven approach"
● Calls for "an assessment of the implementation of this Accord to be completed by
2015... This would include consideration of strengthening the long-term goal", for
example to limit temperature rises to 1.5 degrees
Emissions pledges

To date, countries representing over 80% of global emissions have engaged with the
Copenhagen Accord.

31 January 2010 was an initial deadline set under the Accord for countries to submit
emissions reductions targets, however UNFCCC Secretary Yvo De Boer later clarified that
this was a "soft deadline." Countries continue to submit pledges past this deadline.

● The Australian Government committed to reduce emissions by 5 to 25% by 2020

● Brazil: 36.1 to 38.9%
● Canada: 17%
● China: 40 to 45%
● India: 20 to 25%
● Indonesia: 26%
● Israel: 20%
● Japan: 25%
● Mexico: 30%
● Russian Federation: 15 to 25%
● South Africa: 34%
● South Korea: 30%
● United States: 17%

The United Nations Conference on Environment and Development (UNCED), also

known as the Rio Summit, Rio Conference, Earth Summit (Portuguese: Eco '92) was a
major United Nations conference held in Rio de Janeiro from 3 June to 14 June 1992.

Overview

172 governments participated, with 108 sending their heads of state or government. Some
2,400 representatives of non-governmental organizations (NGOs) attended, with 17,000
people at the parallel NGO "Global Forum", who had Consultative Status.

The issues addressed included:

● Systematic scrutiny of patterns of production — particularly the production of toxic

components, such as lead in gasoline, or poisonous waste including radioactive
chemicals.
● Alternative sources of energy to replace the use of fossil fuels which are linked to
global climate change.
● New reliance on public transportation systems in order to reduce vehicle emissions,
congestion in cities and the health problems caused by polluted air and smog
● The growing scarcity of water.

An important achievement was an agreement on the Climate Change Convention which in

turn led to the Kyoto Protocol. Another agreement was to "not carry out any activities on the
lands of indigenous peoples that would cause environmental degradation or that would be
culturally inappropriate".
The Convention on Biological Diversity was opened for signature at the Earth Summit, and
made a start towards redefinition of money supply measures that did not inherently encourage
destruction of natural eco regions and so-called uneconomic growth.

Twelve cities were also honoured by the Local Government Honours Award for innovative
local environmental programs. These included Sudbury, Ontario in Canada for its ambitious
program to rehabilitate environmental damage from the local mining industry, Austin, Texas
in the United States for its green building strategy, and Kitakyushu in Japan for incorporating
an international education and training component into its municipal pollution control
program.

The Earth Summit resulted in the following documents:

● Rio Declaration on Environment and Development

● Agenda 21
● Convention on Biological Diversity
● Forest Principles
● Framework Convention on Climate Change (UNFCCC).

Both Convention on Biological Diversity and Framework Convention on Climate Change

were set as legally binding agreements
IUCN Guidelines and Policy Statements on Species-Related Issues.

Strategic Planning for Species Conservation: A Handbook, The Species Conservation

Planning Task Force, Species Survival Commission, IUCN (Version 1.0) and Overview 2008.

Guidelines for Application of IUCN Red List Criteria at Regional Levels Version 3.0 2003.

IUCN Technical Guidelines on the Management of Ex Situ Populations for Conservation,

approved at the 14th Meeting of the Programme Committee of Council, Gland Switzerland,
10 December 2002.

The IUCN Policy Statement on Sustainable Use of Wild Living Resources (Resolution 2.29)
adopted at the IUCN World Conservation Congress, Amman, October 2000. (Also available
in German.)

The IUCN Red List Categories and Criteria: Version 3.1, approved by the 51st Meeting of the
IUCN Council, February 2000.

Guidelines on The Conservation of Medicinal Plants 1993.

Guidelines for the Placement of Confiscated Animals approved by the 51st Meeting of the
IUCN Council, February 2000.

Guidelines for the Prevention of Biodiversity Loss Caused by Alien Invasive Species,
approved by the 51st Meeting of the IUCN Council, February 2000.

Guidelines for Re-Introductions, approved by the 41st Meeting of the IUCN Council, May
1995. (Also available in Japanese , Korean and German)

The IUCN Position Statement on Translocation of Living Organisms; Introductions,

Reintroductions and Re-Stocking, approved by the 22nd Meeting of the IUCN Council,
Gland, Switzerland, 4 September 1987.

IUCN Policy Statement on State Gifts of Animals, approved by the 27th Meeting of the
IUCN Council, Gland Switzerland,14 June 1989.

IUCN Policy Statement on Research Involving Species at Risk Of Extinction, approved by

the 27th Meeting of the IUCN Council, Gland Switzerland,14 June 1989.
A range of climate change adaptation activities and related climate change adaptation

mainstreaming efforts have been undertaken over the past 20 years, presenting a wealth of

information and insights on the subjects. At one end of the spectrum, we find the generic

mainstreaming guidance documents attempting to conceptualize a framework for

mainstreaming at the various levels (national, sectoral, local, programme and project) rather

than providing detailed, operational instructions on how to implement mainstreaming in

practice. Efforts in this category include the recently published report: Policy Guidance on

Integrating Climate Change Adaptation into Development Co-operation, by the Organisation

for Economic Co-operation and Development (OECD 2009). The report not only outlines a

conceptual framework for addressing mainstreaming at all levels, but also presents a rare

example of a coordinated effort on mainstreaming and climate change adaptation led by the

Joint OECD Environment-Development Task Team with inputs from a total of 29 countries

and institutions.

Greenhouse Index as Global Ecological Indicator

A greenhouse gas (sometimes abbreviated GHG) is a gas that absorbs and emits radiant

energy within the thermal infrared range, causing the greenhouse effect (IPCC, 2018). The

primary greenhouse gases in Earth's atmosphere are;

water vapor (H2O),

carbon dioxide (CO2),

methane (CH4),

nitrous oxide (N2O), and

ozone (O3).
Without greenhouse gases, the average temperature of Earth's surface would be about −18 °C

(0 °F) www.giss.nasa.gov., rather than the present average of 15 °C (59 °F). The atmospheres

of Venus, Mars and Titan also contain greenhouse gases.

Human activities since the beginning of the Industrial Revolution (around 1750) have

produced a 45% increase in the atmospheric concentration of carbon dioxide, from 280 ppm

in 1750 to 415 ppm in 2019. The last time the atmospheric concentration of carbon dioxide

was this high was over 3 million years ago. This increase has occurred despite the uptake of

more than half of the emissions by various natural "sinks" involved in the carbon cycle

(NOAA, 2019)

At current greenhouse gas emission rates, temperatures could increase by 2 °C (3.6 °F),

which the United Nations' Intergovernmental Panel on Climate Change (IPCC) designated as

the upper limit to avoid "dangerous" levels, by 2036. The vast majority of anthropogenic

carbon dioxide emissions come from combustion of fossil fuels, principally coal, petroleum

(including oil) and natural gas, with additional contributions coming from deforestation and

other changes in land use.

The Annual Greenhouse Gas Index (AGGI) is a measure of the capacity of Earth's

atmosphere to trap heat as a result of the presence of long-lived greenhouse gases. The AGGI

provides standardized information about how human activity has affected the climate system

through greenhouse gas emissions. This index is an indicator of ecological changes all over

the world.