LEGAL STUDIES ENVIRONMENT Essay Example

LEGAL STUDIES ENVIRONMENT Paper Making a judgment on effectiveness of international environmental protection General / law reform introductory statements: The growing interdependence of nation-states has led to greater international attempts to reduce impact of human interference with the environment on a global scale. Although much Federal and State legislation exist in Australia aimed at regulating domestic use of the environment, to date, the international community has largely been ineffective in regulating use of the environment. Ongoing law reform is required in order to meet global targets and ensure intra and inter generational equity, reform which to date has largely been ineffective particularly in response to increasing climate change and global warning concerns. Legal processes and legal institutions introductory statements: The effectiveness of domestic and international law in protecting the global environment is limited. Legal processes, such as international conventions and actions of Nags placing p ressure on domestic governments, and legal institutions such as the United Nations and International Court of Justice can act to protect the environment effectively. However, due to the notion of state-sovereignty there is a lack of legal enforcement that compromises protection of the environment for current and future generations. The concepts of intra-generational and inter-generation equity stipulate that both rent and future generations have a right to a clean environment. More frequent international conferences have attempted to achieve such sustainable developments, however little progress has been achieved. Increasing domestic laws have been enacted to better protect the fragility of our global environment. Due to sustained periods of economic growth and high polluting and energy- inefficient methods, our environment has been proven to be under immediate threat. We will write a custom essay sample on LEGAL STUDIES ENVIRONMENT specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on LEGAL STUDIES ENVIRONMENT specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on LEGAL STUDIES ENVIRONMENT specifically for you FOR ONLY $16.38 $13.9/page Hire Writer International law attempts ensure equity amongst nation states and ensure the protection of the global environment, however its effectiveness is limited by the interdependence and reliance on goodwill of nation states. Global problems (including global warming) and role of International Law also note problems – good faith, sovereignty, lack of enforceability. The broad concept of environment encompasses all aspects of natural and built environment. Law reform as both a domestic and international level is increasingly taking place in attempt to reduce the human impact on our fragile environment. Current environmental problems include global warming, loss of species, deforestation, air and water pollution. The basis of the international environmental law is focused on the concept of intergenerational equity – a concept which refers to notions of the worlds â€Å"common future?’ recognizing the obligation of each nation to maintain and preserve the environment so that it can be protected for current and future generations. It is the role of the law to regulate management of environmental resources by protecting and preventing excess or unnecessary exploitation by instating restrictive legislation, whilst balancing the consumptive needs of society. Despite increasing international awareness, the law remain largely ineffective tit little agreement between nations and heightened inequity between developing and developed nations. Developing countries such as China and India have had a minimal impact in causing global warming, compared to major consumers such as the LISA. However, as they are now experiencing rapid growth economically, they are being pressured to minimize grow th in the bid to alter the effects of climate change. As international law must be ratified into domestic principles and is largely reliant on the goodwill of sovereign states, protecting and regulating the environment is largely ineffective. Despite increasing pressure on the international community to prevent further environmental degradation, the nation of state sovereignty and the individual economic and political interests of nation states will continue to represent a barrier to widespread protection. Not all nations are bound to accept and ratify intentional agreements. As a result, enforceability of international environmental laws is difficult and hard to maintain. Other environmental problems which you may consider: deforestation, salivation of agricultural lands making them barren and unsuitable for crops, loss/endangered species, Stockholm and ROI Conferences Increasing awareness and discussion about environmental issues led to a series of key international conferences. The first major international conference in relation to the global environment was the 1972 Stockholm Conference on Human Environment. The aim was to establish a set of common guidelines for managing issues: pollution, deforestation and loss of threatened species. The Stockholm Declaration, of which 113 UN member states signed recognized state-sovereignty yet recognized the importance of joint cooperation and leadership in environmental protection. Although this legal process / law reform signified a major development of awareness, it had little effect as agreements reached were ‘soft law, which had no binding power on nation-states unless formally ratified, a process outside the control of the United Nations (ON). The most sign efficient achievement was the establishment of the United Nations Environment Programmer (UNEVEN). This establishment escalated attention paid to environment matters and encouraged domestic governments to enact specific environmental laws and legal processes to deal with environmental degradation. Significantly Uneven MIS recognized the inequity between nation states, and determined that developing countries should assist in ‘closing the gap’ between them and developing countries without compromising their standard of living. The first collective recognition of global environmental protection and signaled the importance of joint UN led legal invention. The ROI Conference (Earth Summit) was held in 1992, and covered growing issues absent in Stockholm. It attempted to create an Earth Charter, however this was unsuccessful due to a lack of consensus and funding between nation states. As a result of concussions in ROI, in which 125 nation were present, many nation States took further steps to enact domestic law aimed at protecting the environment. For example, the ‘precautionary principle’ discussed and agreed upon during the international meeting was ratified into Australian domestic law in the form of the provisions contained in the Environment Protection and Biodiversity Conservation Act 1999 (Act). To enforce environment protection laws, the legal institution – the Department of Environment and Conservation, previously known as the Environmental Protection Authority (EPA) holds rower to investigate and prosecute offenders found in breach of domestic laws. The establishment of UNFROCK led to the increasingly greater awareness that nation states around the world must begin thinking about the impacts of climate change and implement policies and laws to reduce greenhouse gases and pollution of our environment. It discussed the issues of â€℠¢emissions trading’ and ‘carbon trading’. This was further discussed at the Kyoto Convention leading to the adoption of the Kyoto Protocol. Overall evaluation of the conferences: These conferences have largely proved significant in increasing awareness ND developing knowledge about environmental issues, however still present only the beginning Of legislative action. Kyoto and Copenhagen The long awaited drafting of the Kyoto Protocol in 2005 following the Kyoto Conference on Climate Change in 1997 has seen many nations act to lower emission of carbon dioxide and other greenhouse gases in order to reduce the effects of global warming. The Protocol, which came into effect in February 2005 following signatures by many nations including UK, Canada and Russia developed the concept of carbon reduction targets. However the ineffectiveness of international law can be shown in the delays in many countries signing. This protocol did not receive acceptance everywhere as some of the heaviest polluters such as the US, China and India, and until Rude government election in late 2007, Australia has refused to sign. Much of the proposed law reform surrounding climate change requires participation in a complex system of emissions trading. However, proposed emission schemes remain complex and pose difficulties in terms of compliance, economic costs of supporting businesses in transition periods and ongoing lays in some nation states being willing to participate. It has been said for Australia to sufficiently protect the global environment they must pass a national emissions trading scheme, increase the renewable energy targets, re-assess transport systems and build sustainable cities. However, enforceability is difficult due to the reality of economic costs and job losses. Although under UNFED aims, climate change is regarded as a global problem, issues exist for developing countries like China and India who will suffer economic disadvantage and find it difficult to meet targets whilst maintaining a animal level of economic growth. As this protocol runs out in 2012, The Copenhagen Conference on Climate Change 2009 will aim to create a new climate protocol to replace it, however lack of agreement between countries remains an barrier to cohesive international law reform. State sovereignty exists to limit the role and power of the UN to demand comprehensive agreement. ICC and Tribunals Upon the establishment of the environmental chamber of the International Court of Justice in 1 993, legal processes were developed that allow for conflict resolution between nation-states. The ICC aims to settle disputes teens nations and uphold the notion of inter-dependence – the belief that all countries have a duty to protect Other States. For example, in the case Of united States v. Canada (1941), action was taken in response to issues of turnarounds pollution where the US claimed that toxic sulfur dioxide was traveling from Canada causing damage, pollution, health risks. The legal institution established to hear the matter found in favor of the US where is was stated that ‘a state has a duty to protect other states against injurious acts by individuals within its own jurisdiction’. However, despite having jurisdiction to resolve disputes between nation states, the ICC remains largely ineffective. Cases heard remain complex and difficult to resolve, particularly when consent of both parties is required prior and during proceedings. Only nation states can be party to proceedings meaning that individuals and/or transnational companies escape international prosecution. Participation in proceedings remains voluntary and if agreed to may damage already touchy relationships between nation states as was the results of legal action between Australia and France in relation to Pacific nuclear testing in early sass. Orders made rely upon the goodwill of nations in terms of enforcement and regulation. An example of the ineffectiveness of this legal institution in resolving global disputes can be seen in recent claims made by the Australian government against Japan in an attempt to stop illegal whaling and loss of marine species. With no recognition and/or cooperation from Japan, the Australian government is yet to access the services of the ICC and to date no action has been taken. It is suggested that law reform be introduced to ensure that ICC decisions are inning and parties be compelled to attend a hearing to ensure global collective rights too clean environment. Much criticism against the ICC has come from Greenback and other Nags who feel disadvantaged in relation to issues of the environment and request rights to refer matters to ICC for legal sanctions. There are various other international tribunals that may here environmental cases, such the International Law Commission, and the International Tribunal for the Law of the Sea. These aim to develop, draft, and codify unwritten international law No’s and Media Non-governmental organizations and the media play an integral role in the generating awareness and applying pressure on governments to reform the law in response to issues such as climate change. No’s include voluntary groups of individuals with common interests, or regional organizations covering masses of land, made up of nations com ing together in agreement or discussion. Nags have a difficult task in particularly in legal development as international law does not recognize the sights of Nags to participate in treaties and they have no jurisdiction to appear formally before international tribunals. They do however play an importance role by applying political pressure on authoritative bodies to take action, informing the global public about infringements of rights and environmental concerns and providing opportunity for involvement. Greenback and the Worldwide Fund for Nature (WFM) are the most significant environmental No’s. Greenback concentrates on lobbying governments for action, generating global awareness, and active protest against environmental injustices such as whaling, disposal of toxic waste, and nuclear testing. Nags can prompt significant law reform as has been the exult of protest action by Greenback which led to international treaties limiting whaling, fishing and loss of marine life. MONGO action has also seen the naming and protection of World Heritage Sites (e. G. Great Barrier Reef). The action of No’s proved the turning point in the establishment of the 1 989 the Wellington Convention for the Prohibition on fishing with long Drift Nets in the South Pacific was adopted, creating a large driftnet-free zone in the Pacific Ocean. The media also plays a key role in management of the environment. Environmental groups use media to raise awareness about environmental once and the media reports on matters that otherwise would go biblically unnoticed without coverage. For example, when new littering laws were introduced in New South Wales, the media endorsed the campaign: â€Å"Litter: its in your hands†. The SMS article ‘Toxic Metals Threat’ June 2009 is just one instance of environmental concern addressed in the media which deprecates use of delta electricity due to high rates of dangerous chemical pollution. Due to the continued industrialization and development of the human world, there has been major repercussions for the environment. CA emissions rose n 1990-2000 by 25% and the hole in the ozone layer is becoming a â€Å"catastrophic disaster’ (SMS 6/9/07). Some have said that the issues of climate change and carbon emissions are being ignored because â€Å"we are all too bored to do anything about it† (SMS March 2009). The role of the media in raising awareness is a major one. Advertisement campaigns and articles highlight facts and realities that society is all too willing to ignore. Initiatives such as Earth Hour and Clean-up Australia Day are national and global campaigns that show the effectiveness of non-legal mechanisms in raising wariness about the global environment. Australia Although there is no direct reference to the environment under the Constitution, the Federal Parliament has the ability under the ‘external affairs’ power to legislative protecting the environment. The election of a new Labor government under Rude has seen renewed attention and funding given to environmental problems, particularly climate change. There are 150 separate Federal and State laws dealing with the identification and prevention of problems. The Australian Federal Parliament has regularly responded to ratify and selective much international agreements into our domestic law. The Environmental Protection and Biodiversity Conversation Act 1 999 (Act) acts as the central piece of environmental legislation providing a framework to protect and manage flora, fauna, ecological communities and heritage places which are regarded as matters of national significance. It also incorporates international principles including the precautionary principle and intergenerational equity into our domestic legal systems. Much domestic environmental legislation operates at a State level. The Clean Air Act 1961 and Clean Water Act 1 970 which have addressed lose matters of resource protection. The Environmental Planning and Assessment Act 1979 (NEWS) is a more recent and specific document that governs the strategic planning and development processes undertaken by government in NEWS which is therefore more effective. The issue of climate change has been addressed in Australia, particularly by the Department Of Environment and Climate Change (DECK) which aims to respond to issues and reform sustainable management of land and water resources and implement further targets to the Carbon Pollution Reduction Scheme. However delays in achieving political agreement on the terms and practical operation of a national carbon emissions scheme is shown through ongoing delays in securing bipartisan support (this is support of both Labor and Liberal governments) for the new Bill. Discussion has now been postponed until early 201 0 until after Copenhagen Conference where it is expected that Australia will participate, however no definite promises have been made to date. SMS article – ‘Carbon bill burns as Rude fiddles’ May 2009. Section 123 of the Environmental Planning and Assessment Act 1 979 NEWS enables ‘anyone with an interest to gain ‘locus stands’ over environmental matters. This was highlighted by the case Schlock v. Iron Gate Ltd and Richmond River Shire Council (1997) where No’s commenced successful legal proceedings against a man whom acted on breach of illegal clear-felling of trees and illegal destruction of bushman habitat. This case furthermore illustrates an effective response by the legal system to provide accessibility to individuals to enable them to participate in having environmental laws enforced thus protecting the environment for current and future generations. As well as the UN-cooperation of specific internal laws, Australia has domestic legislation under the Land and Environment Court, an institution established under the Environmental Planning and Assessment Act 1 979 (NEWS). It states that â€Å"any person can bring proceedings†. This highlights the fact that legal processes are established and readily available in Australia, however economic costs are high. The Court has set strong precedents to deter environmental damage. The case of EPA v Gardner (1997) saw the first environmental offender punished with a custodial sentence after Gardner as found guilty of pumping sewage into a natural lake to avoid fees. The cases of EPA v Alex (2005) and EPA v Weight (2001 ) reveal further action by the Court to prosecute offenders by issuing heavy fines – page 66 Resource Book for more details.

Jimmy Carter Essay Sample

Jimmy Carter Essay SampleThis is the Jimmy Carter essay sample that you will be using to help you with your English Language Arts test, this essay test is based on a sentence used by the President. It will help you learn how to write, which is how to make a good essay.The Jimmy Carter essay is the 'true value' of the essay, as he said in the sentence below. The Jimmy Carter essay includes some different points, and one of them is to use a certain key words and phrases to begin an essay.By using these key words and phrases to begin an essay, you will be able to make a sound argument and you will not have to waste any time writing an essay. This is called the Carter Power of Presentation. This essay includes both your last name and the word 'Old'.The Jimmy Carter essay is one of the many essay sample in the SAT Practice Test, this is why you should use this type of sample essay, as the sentence below. This is a good one for new SAT students who want to learn how to write an essay. This is also one of the better essay samples.As we talked about earlier, this essay is very good for new SAT students to learn how to write a powerful essay, because Jimmy Carter put it there. You can also find many essay examples in the essays section in the SAT Practice Test.It is best to learn how to write an effective essay, as there are plenty of essays in the SAT Practice Test, and all you have to do is to copy them and change a few words, this is also very easy to do. The Jimmy Carter essay sample contains some basic information, and this is a very good lesson for a new SAT student. It includes a sentence, and this is how Jimmy Carter used his power of presentation.This will help you develop yourself as a better writer, so that you will be able to apply what you have learned to write more compelling and easier essays, and it will help you become more confident in yourself. It is always a good idea to apply what you have learned to your essays.