The Evolution Of International Environmental Law (IEL) Essay Example for Free

The Evolution Of transnational Environmental Law (IEL) EssayTrace the evolution of worldwide Environmental Law (IEL). What does the rise of IEL signify in terms of community interests versus the egoistic interests of nation states?The term International Environmental Law can be used as a term to encompass the entire corpus of internationalistic law, public and private relevant to environmental issues or problems.1 The modern rules of international environmental law can be traced cover song to a spat between the United States and Britain. The first ever reported environmental dis stupefye dates back to 1742. 2In the early 1970s environmental issues started to appear on the agenda of various United Nations and non United Nations agencies and this was, in part, due to the amount of publicity that was cosmos devoted to the problems of environmental degradation.In 1972, due to pressure from NGOs especially in the United States, the United Nations Conference on the Human Environme nt was convened. Preparations for this conference necessitated a thorough examination of activities that had any impact on the environment.3Under United Nations General Assembly Resolutions in 1968 and 1969 which gave rise to the Conference, the assembly agreed that there was an imperative need for intensified action at national and international levels to limit and if possible, eliminate the impairment of the human environment and that this was necessary for sound economic and complaisant development.4 The 1987 World Commission on Environment and Development (WCED) Report and the resultant 1992 Rio Declaration on Environment and Development expressed the already existing cite for sustainable development.Meanwhile, the dynamics of negotiations within these conferences changed with time. With decolonisation and the attainment of independence of more developing countries, more of these countries were joining the United Nations and other international Organisations. During negotiati ons, developing countries were press on radical changes to international economics relations that would bring about a situation that would be more conducive to the realization of their developmental goals.5fiscal Institutions such as the World Bank now structured and conditioned loans in such a way that development should always be ecologically sound.6 By the 1990s, environmentalists were opposing strongly, the trade regime under the General Agreement on Trade and Tariffs (GATT). This was inflamed by two decisions of the Dispute Resolution appliance. In the Tuna Dolphin case, GATT ruled against the U.S ban on tuna that was caught using mechanisms that killed dolphins as well. In the Shrimp Turtle case, the GATT ruled against an American law that was put in place to protect turtles that were sometimes killed in the process of catching shrimps.7Now, the WTO rules are to be applied in such a way as to ensure the promotion of sustainable development so do the rules of many other inter national organisations. Under the various international environmental laws, companies are indentured to maintain environmental laws, they are bound for instance to conduct impact assessments on any project they wish to undertake.8States are also bound to respect the environmental integrity not only of their state but also that of all other states. In the world of today, it is doubtful that the GATT Dispute Resolution Mechanism would give similar rulings as those that they gave in the Tuna Dolphin and Shrimp Turtle cases. The rise of International Environmental Law has meant that states can no womb-to-tomb pursue their own personal interests without having consideration for the environmental integrity of other states.1 Birnie and Boyle (2002) International Law and the Environment (2nd Edition) Pg. 2-32 Sands (2005) Lawless World America and the making and Breaking of Global Rules Pg 713 Ibid Pg. 384 United Nations General Assembly Resolutions XXIII of 1968 and XXIV of 19695 Dadzie , in Roberts and Kingsbury (1993) United Nations, Divided World The Uns design In International Relations (2ND Edition) Oxford Oxford University Press Pg. 3006 Birnie and Boyle (2002) International Law and the Environment (2nd Edition) Oxford Oxford University Press Pg. 607 Giplin (2001) Global Political Economy Understanding The International Economic Order. Princeton Princeton University Press. Pg. 2268 Article 4 Convention on Environmental Impact Assessment in Transboundary Context