PYTR Class

Learning objectives

1. Outline how international environmental law works
2. Describe the role of the UN in the environmental law
3. Explain the term “personhood” in environmental law context

International Environmental Law Framework

Because the causes, impacts, and solutions to climate change cross national borders, environmental law often requires international cooperation. One of the earliest global summits on environmental issues was held by the UN in 1972. Since then, governments, NGOs, human rights groups, and international organisations have developed frameworks, treaties, and policies to safeguard natural resources, protect ecosystems, and encourage global collaboration—with international environmental lawyers playing a crucial role. Key organisations include UNEP, CITES, Greenpeace, ClientEarth, and WWF.

Environmental and Climate Constitutionalism

A constitution sets out the principles and rules by which a state is governed, defining relationships between legislative, executive, and judicial bodies. Increasingly, constitutions are incorporating environmental provisions—this is known as environmental constitutionalism. As of 2017, around 150 countries had adopted such measures, and by 2020, 11 had introduced climate clauses, including Algeria, Bolivia, Ecuador, Thailand, Tunisia, and Vietnam. Most of these clauses are aspirational rather than enforceable, though Tunisia explicitly guarantees citizens the right to participate in climate protection. This trend—sometimes called climate constitutionalism—is growing as nations turn to constitutional law to address climate change.

The Role of the UN

International law governs relations between states and provides rules on global challenges like pollution and resource management. UN conferences create legally binding conventions and, sometimes, protocols. Negotiating these agreements is complex, hindered by scientific uncertainty, competing national interests, financial commitments, and geopolitical tensions. Still, recognition of climate change has made such negotiations increasingly urgent.

The rule of law in environmental matters is central to achieving Sustainable Development Goals (SDGs), ensuring equitable access to resources, and protecting both environmental and socio-economic rights. UNEP coordinates environmental responses within the UN system, noting that 40% of internal conflicts in the last 60 years have been linked to natural resources.

Examples of Treaties and Agreements

• Montreal Protocol (1987)
  • Phased out ozone-depleting substances, later extended by the 2016 Kigali Amendment to include hydrofluorocarbons (HFCs). Widely successful due to clear science, public awareness, and viable substitutes.
• Kyoto Protocol (1997, in force 2005)
  • Bound states to reduce greenhouse gas emissions. Its 2012 Doha Amendment saw limited uptake, with the U.S. refusing ratification.
• Paris Agreement (2015)
  • Signed by 195 countries, it aims to keep global warming below 2°C and achieve net zero by 2050. Progress has been slow due to the complexity of carbon reduction strategies and uneven national commitments.

International Conventions and Courts

• Conventions can establish institutions to ensure implementation, such as CITES and the IUCN.
• International Court of Justice (ICJ
  • Settles disputes between states, e.g., the Chile–Bolivia Silala River case.
• International Tribunal for the Law of the Sea (ITLOS)
  • Deals with maritime disputes.
• European Court of Justice (ECJ)
  • Ensures consistent application of EU law. For instance, it ruled that waste counts as “goods,” overturning Belgium’s restrictions on waste imports.

International courts face challenges in determining fair compensation for environmental damage, leading to calls for a specialised International Court for the Environment.

Activity 2 Case Study: African Elephants in CITES

1. Read this case study about the African elephant
2. Explain how environmental laws play important roles in ensuring the sustainability of the biodiversity

Personhood

Personhood and the Environment

In law and philosophy, personhood defines who or what can hold legal rights and responsibilities. Traditionally applied to corporations, this concept has been extended to natural entities to strengthen environmental protection. Examples include:

The debate over personhood raises further questions: should it extend to women, children, embryos, slaves, AI, mountains, or ecosystems? Many Indigenous knowledge systems reject strict human–nature separations, challenging Western legal frameworks.

Notes