HL.a Environmental law flashcards

Topic 9: HL.a Environmental law

Convention versus protocol in environmental law

A convention (treaty) is an agreement between states setting a framework. A protocol is a later agreement that adds binding detail to it. Ratification is a state formally agreeing to be bound. (HL only)

Hard law versus soft law

Hard law: legally binding and enforceable, with penalties. Soft law: guidance, declarations and voluntary targets with no penalties, working through reputation. The Paris Agreement mixes both: a binding duty to submit pledges, no penalty for missing them. (HL only)

Name four principles of environmental law

Precautionary principle (act despite uncertainty when harm could be serious); polluter pays; prevention (stop harm before it happens); intergenerational equity. (HL only)

Give four international environmental agreements with their dates and targets

Ramsar Convention (wetlands, 1971); CITES (trade in endangered species, 1973); Montreal Protocol (ozone-depleting substances, 1987); Paris Agreement (climate, 2015). UNCLOS sets exclusive economic zones to 200 nautical miles. (HL only)

What is meant by rights of nature?

Giving ecosystems legal standing. Examples: Ecuador's constitution (2008) and the Whanganui River in New Zealand (2017). (HL only)

Why do international environmental laws often fail?

No global enforcer because of state sovereignty; free riders; costly monitoring of oceans and remote forests; weak penalties or corruption; key polluters outside the agreement. (HL only)

Why did the Montreal Protocol succeed?

Clear science, cheap substitutes, few producers to regulate, trade pressure and financial help for poorer countries. It is ratified by every UN member state. (HL only)

How do you evaluate an environmental law?

Scale (international, national, local); force (hard or soft); target pressure; enforcement (who monitors, what happens to a breach); evidence (has the indicator improved, and could anything else explain it); judgement. (HL only)