INTERNATIONAL ENVIRONMENTAL DISPUTES A Reference Handbook Other Titles in ABC-CLIO’s CONTEMPORARY WORLD ISSUES Series Courts and Trials, Christopher E Smith Dating and Sexuality, Jeffrey Scott Turner Drug Use, Richard Isralowitz Environmental Activism, Jacqueline Vaughn Switzer Families in America, Jeffrey Scott Turner Gay and Lesbian Issues, Chuck Stewart Healthcare Reform in America, Jennie Jacobs Kronenfeld and Michael R Kronenfeld Media and American Courts, S L Alexander Media and Politics in America, Guido H Stempel III Nuclear Weapons and Nonproliferation, Sarah J Diehl and James Clay Moltz Police Misconduct in America, Dean J Champion Profiling and Criminal Justice in America, Jeffrey B Bumgarner Racial and Ethnic Diversity in America, Adalberto Aguirre, Jr Racial Justice in America, David B Mustard Reproductive Issues in America, Janna C Merrick and Robert H Blank U.S Immigration, Michael C LeMay Voting in America, Robert E DiClerico Women and Equality in the Workplace, Janet Z Giele and Leslie F Stebbins Women in Prison, Cyndi Banks Books in the Contemporary World Issues series address vital issues in today’s society such as genetic engineering, pollution, and biodiversity Written by professional writers, scholars, and nonacademic experts, these books are authoritative, clearly written, up-to-date, and objective They provide a good starting point for research by high school and college students, scholars, and general readers as well as by legislators, business people, activists, and others Each book, carefully organized and easy to use, contains an overview of the subject, a detailed chronology, biographical sketches, facts and data and/or documents and other primarysource material, a directory of organizations and agencies, annotated lists of print and nonprint resources, and an index Readers of books in the Contemporary World Issues series will find the information they need in order to have a better understanding of the social, political, environmental, and economic issues facing the world today INTERNATIONAL ENVIRONMENTAL DISPUTES A Reference Handbook Aaron Schwabach CONTEMPORARY WORLD ISSUES Santa Barbara, California Denver, Colorado Oxford, England Copyright © 2006 by Aaron Schwabach All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publishers Library of Congress Cataloging-in-Publication Data Schwabach, Aaron International environmental disputes : a reference handbook / Aaron Schwabach p cm — (Contemporary world issues) Includes bibliographical references and index ISBN 1-85109-773-2 (hardback : alk paper) — ISBN 1-85109-778-3 (ebook) Environmental law, International Liability for environmental damages Environmental protection—International cooperation I Title II Series:Contemporary world issues K3585.S388 2006 344.04'6—dc22 2005019814 09 08 07 06 10 This book is also available on the World Wide Web as an eBook Visit abc-clio.com for details Production Team Acquisitions Editor: Mim Vasan Associate Production Editor: Cisca Louise Schreefel Editorial Assistant: Alisha Martinez Production Manager: Don Schmidt Manufacturing Coordinator: George Smyser ABC-CLIO, Inc 130 Cremona Drive, P.O Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America For Veronica and Jessica Contents Preface and Acknowledgments, xiii International Environmental Law in Context, Sources of International Law, Before 1941, 1941: The Trail Smelter Arbitration, 14 1941–1972: From the Trail Smelter Arbitration to the Stockholm Declaration, 16 1972: The Stockholm Declaration, 19 1972–Present: After Stockholm, 20 The Role of the United Nations and Its Specialized Agencies, 24 Fundamental Concepts in International Environmental Law, 27 Rule-Making, Enforcement, and Dispute Resolution, 27 The “North-South” Conflict: The Underlying Tension between Environment and Development, 31 Sustainable Development and Related Concepts, 33 Philosophical Approaches to International Environmental Law, 37 Summary, 38 Sources and Further Reading, 39 Books and Articles, 39 Treaties and Other International Agreements, 43 Other International Materials, 45 Problems, Controversies, and Solutions, 49 The Classic Model of International Dispute Resolution: The Gab cíkovo-Nagymaros ˇ Dispute, 51 ix Index 327 International Court of Justice (ICJ), 256 International Environment House, 256–257 IUCN-The World Conservation Union, 257–258 North American Commission for Environmental Cooperation (CEC), 258 Organization for Economic Cooperation and Development (OECD), Environment Directorate, 258–259 Organization of American States, Unit for Sustainable Development and Environment, 259–260 rule-making by, 90 Species Survival Commission of IUCN, 260 United Nations Department of Economic and Social Affairs, Division for Sustainable Development, 260 United Nations Environment Programme (UNEP), 261 World Commission on Protected Areas of the IUCN, 261–262 World Meteorological Organization (WMO), 262 International Atomic Energy Agency (IAEA), 25 International Committee of the Red Cross (ICRC), 20, 270 International Conference of Experts on the Scientific Basis for Rational Use and Conservation of the Resources of the Biosphere, 141–142 International Conference on Water and the Environment, 150 International Convention for the Prevention of Pollution from Ships, 90–91, 143, 145 International Convention on Oil Pollution Preparedness, Response and Co-operation, 91 International Court of Justice (ICJ), 5–6, 7, 26–27, 121, 256 Chamber for Environmental Matters, 27, 151 Gabcíkovo-Nagymaros case, 33, 51, 56–59, 152, 215–220 international watercourse cases, 13–14 jurisdiction, 56, 57–58, 222 Legality of Nuclear Weapons advisory opinion, 7, 152 process of, 31 Statute of, Article 38, territorial sovereignty principle, 16 International courts and tribunals, 5, 214–226 Corfu Channel case, 16, 214–215 Final Report of International Criminal Tribunal for the Former Yugoslavia and possible NATO war crimes, 221–226 Gabcíkovo-Nagymaros case, 215–220 Trail Smelter Arbitration, 220–221 International Criminal Court (ICC), 23–24, 212–214 Rome Statute, 23–24, 153, 155, 212–214 328 Index International Criminal Tribunal for the Former Yugoslavia (ICTY), 121, 222 Office of the Prosecutor (OTP), 121, 124–125, 154 International dispute resolution See Dispute resolution International Drinking Water Supply and Sanitation Decade, 146 International Environment House, 256–257 International environmental law, 1–47 1941: Trail Smelter arbitration, 14–15, 39, 220–221 1941–1972: From Trail Smelter to Stockholm Declaration, 16–18 1972: The Stockholm Declaration, 19–20, 39, 236–237 1972–Present: after Stockholm, 20–24 before 1941, 8–14 community theory in, 13, 14, 16 current state of, 1–2, dispute resolution and, 30–31 enforcement of, 29–30 ethical principles of, 37 European influence on, 8–9 extraterritorial application of, 61, 105, 242–249 on fresh water environments, 50, 85, 88–89 fundamental concepts in, 27–37 historical context of, 8–24 in dicta principles, 15, 17 intergenerational equity, 22–23, 34, 36–37 International Environmental Law Anthology, 273, 276 norm-formation process, 12, 22, 24, 27 normative expectations, 12, 21 North-South conflict and, 22, 31–33 oceans, 50 philosophical approaches to, 37–38 polluter pays principle, 22–23, 34–35 precautionary principle, 34, 35–36 rule-making process, 27–29, 84 secondary sources of, 4–5 sources of, 4–8 state rights and responsibilities, 19–20, 21, 33 summary/overview of, 38–39 sustainable development concept in, 33–37 territorial sovereignty, 16, 17 transborder environmental harm, 14–15 See also International law; United States special issues International Food Policy Research Institute, 64 International human rights, 16–17 International Institute for Environment and Development, 143 International Labor Organization (ILO), 25 International law aspirational documents/statements in, 5, 21, 23, 35, 38 conventional and customary, customary, 5, 15, 27, 88, 90, 107–109 environmental protection as goal of, 19 Index 329 historical context of, 8–24 intellectual property law, 84 International Humanitarian Law database, 270 journals, 281–302 jurisdiction, 107–108 peremptory (jus cogens) norms, 58 reference books, 279–281 secondary sources of, 4–5 sources of, 4–8, 185–190 See also International environmental law; United States special issues International Law Association (ILA), 270–271 International Law Commission (ILC), 25, 26, 88–89 International Maritime Organization (IMO), 25, 91, 145 International Monetary Fund (IMF), 25, 26 International Plant Protection Convention, 139 International Telecommunications Satellite Cooperation (INTELSAT), 93 International trade, 62–68 International Treaty of Plant Genetic Resources for Food and Agriculture, 85 International Union for Conservation of Nature and Natural Resources See IUCN-The World Conservation Union International Union for the Protection of Nature (IUPN) See IUCN-The World Conservation Union International watercourses See Watercourses, international Italy, NATO war crimes case and, 123 IUCN-The World Conservation Union, 138, 254, 257–258 Commission on Ecosystem Management (CEM), 253 Commission on Environmental, Economic and Social Policy (CEESP), 253 Commission on Environmental Law (CEL), 254, 257–258 Species Survival Commission, 260 World Commission on Protected Areas (WCPA), 261–262 IUPN See IUCN-The World Conservation Union Ivey, United States v., 115 Japan Amami Rabbit protection, 150, 163–165 Domoto, Akiko, 163–165 farming in, 66 NEPA Coalition of Japan v Aspin, 113–114 Journals, 281–307 Jurisdiction of International Court of Justice (ICJ), 56, 57–58, 222 of International Criminal Court (ICC), 24 jurisdictional immunity, 108–109 of United States courts, 108–109, 115, 117 Jus ad bellum, 121 Jus cogens, 58 Jus in bello, 121 330 Index Kenya, geostationary orbits and, 93 Kosovo War, Pancevo chemical complex destruction, 121, 122–125 Kuwait Convention, 145, 201–203 Kyoto Protocol, 74, 76–77, 78–79, 153, 154, 155 La Paz Agreement (1991), 70 Lac Lanoux decision (1957), 17–18, 23, 33 Law See International environmental law; International law Law of the Sea Convention, 203–209 Lead, 126–127 League of Nations, 13 Legality of Nuclear Weapons advisory opinion, Leopold, Aldo, 2, 18, 37, 138, 277–278 Lesotho, 32 Libya, TOPCO litigation and, Liechtenstein, hazardous waste shipment, 87 Lobbyists, 66 Lomborg, Bjørn, 165–168 LRTAP (Convention on Longrange Transboundary Air Pollution), 70–71 Maine incident, 31 Malaysia, deforestation in, 170–172 Mali See Bamako Convention Marine environments See Oceans Marine Mammal Protection Act (MMPA), 115 MARPOL, 90–91, 143, 145 Massey, Environmental Defense Fund v., 112–113, 190, 192–193, 242–249 Mediation, 30 Mediterranean Action Plan, 265 Mendes, Francisco (Chico), 148, 176 Meuse River, Case Concerning, 13, 14 Military compliance with NEPA, 114 ENMOD treaty, 20–21, 200–201, 210–211 environmental harm by actions of, 20–21, 200–201, 210–211 Minamata, Japan, 139, 141 Mischenko, Vera, 168–170 MMPA See Marine Mammal Protection Act Mongolia, 32 Montreal Protocol, 28, 36, 72–73, 148 Moon, 91 Multilateral environmental protection regimes, 27–29, 39 Multilateral environmental treaties, 20–21, 145–146, 149, 150–151 NAFTA See North American Free Trade Agreement Napalm, 18 National Environmental Policy Act (NEPA), 142, 151 Environmental Defense Fund v Massey, 112–113, 242–249 Hirt v Richardson, 114 NEPA Coalition of Japan v Aspin, 113–114 National Science Foundation (NSF), 112–113, 151, 242–249 NATO See North Atlantic Treaty Organization Index 331 Negotiation, 30 NEPA See National Environmental Policy Act Netherlands, NATO war crimes case and, 123 New Guinea, 117, 146, 158–161 Ngau Laing, Harrison, 170–172 NGOs See Nongovernmental organizations Nicaragua case, Niger Delta, 158 Nigeria oil development and, 172–176 UN vote on transboundary watercourse use, 89 Nile perch, 81 Nitrogen oxide emissions, 71 Nongovernmental organizations (NGOs), 267–272 documents, international law and, 5, 6, 21 Earth Policy Institute (EPI), 268 EnviroLink Network, 268 Fridtjof Nansen Institute, 269 Friends of the Earth International (FOEI), 268 Greenpeace International, 269–270 International Committee of the Red Cross (ICRC), 270 International Law Association (ILA), 270–271 Resources for the Future (RFF), 271 Tufts Multilaterals Project, 271 World Resources Institute (WRI), 271–272 World Wildlife Fund International, 272 Worldwatch Institute, 272 Non-self-executing treaties, 5, 106–107, 127–128 Norwegian Ministry of Health, 162 Norms norm-formation process, 12, 22, 24, 27 normative expectations, 12, 21 peremptory (jus cogens) norms, 58 North American Agreement for Environmental Cooperation, 151 North American Commission for Environmental Cooperation (CEC), 258 North American Free Trade Agreement (NAFTA), 121, 151, 258 North Atlantic Treaty Organization (NATO) war crimes, former Yugoslavia and, 153, 221–226 North-South conflict, 22, 31–33, 39 agriculture and trade examples, 62–68 freshwater and ocean use examples, 88–91 Gabcíkovo-Nagymaros project and, 54–55 space/outer space examples, 91–93 Tisza cyanide spill and, 61 toxic waste disposal examples, 86–88 Northwest Atlantic Fisheries Organization, 90 NSF See National Science Foundation Nuclear weapons, 126 Legality of Nuclear Weapons advisory opinion, 7, 152 Treaty Banning Nuclear Weapon Tests, 140 Nuremberg, Germany, 17 332 Index Oceans, 89–91 environmental law concerning, 50, 89–90 treaties concerning, 90–91, 201–209 Oder River, 1929 case concerning, 13, 14 OECD See Organization for Economic Cooperation and Development Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia, 121, 124–125, 154 Ogoni people, 149, 172–176 Ogoniland, 151, 172–176 Oil development in Nigeria, 172–176 ecosystem endangerment by, 80, 122 International Convention on Oil Pollution Preparedness, Response and Co-operation, 91 spills, 141, 142 Operation Ranch Hand, 18, 141 Orbits See Geostationary orbits Organic pollutants, 71 Stockholm Convention and, 36, 154, 155 treaties on control of, 25 Organization for Economic Cooperation and Development (OECD), 87 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 110 Environment Directorate, 258–259 Organization of American States, Unit for Sustainable Development and Environment, 259–260 Oscar Chinn case (1934), 14 OTP See Office of the Prosecutor Outer space, 91–93 Bogotá Declaration, 226–231 geostationary orbits, 92–93, 226–231 Outer Space Treaty, 91–93, 209–210 satellites in, 92–93, 226–231 Ozone, 28–29 chlorofluorocarbons and, 72, 73, 146, 152, 155 depletion, 71–73, 146 ground-level, 71 hole over Antarctica, 147 Montreal Protocol, 28, 36, 72–73, 148 Ozone Secretariat (UNEP), 265–266 treaties on protection of ozone layer, 25, 36 Vienna Ozone Convention, 28, 36, 72, 147 Pancevo, Serbia, 121, 122–125, 154 Paris Commission, 90 Paris, Treaty of, 16 Passenger pigeon, 137 PCBs See Polychlorinated biphenyls PCIJ See Permanent Court of International Justice Penan, 170–172 Penguins, 192 People’s Republic of the Congo, geostationary orbits and, 93 Peremptory (jus cogens) norms, 58 Index 333 Permanent Court of Arbitration, 27, 155 Permanent Court of International Justice (PCIJ), 5–6, 13–14 Pesticides, 153, 154, 155 Plutonium shipments, 114 Polluter pays principle, 22–23, 34–35 Pollution See Atmospheric pollution; Organic pollutants; Water pollution Polychlorinated biphenyls (PCBs), 154 Portugal, NATO war crimes case and, 123 Poverty in Africa, 49–50 end of, as goal of Rio Declaration, 62 North-South conflict and, 31–33, 39 trade barriers and, 118 Precautionary principle, 34, 35–36, 39 Protectionism, 115, 119–121, 127 Protocol I to the Geneva Conventions of 1949, 20, 38, 124, 144, 210–211 Protocol II to the Geneva Conventions of 1949, 38, 144, 211–212 Quarantine and sanitary inspections, 11, 12 Rain forests, Brazilian, 158, 176–178 Ramsar Convention on Wetlands of International Importance, 142 RCRA See Resource Conservation and Recovery Act Reciprocity, 114–115 Red Cross, International Committee of, 20, 270 Resource management, 14, 16–17 Resource Conservation and Recovery Act (RCRA), 116–118 Resources for the Future (RFF), 271 Restatement (Third) of Foreign Relations Law, 4–5, 186–190 RFF See Resources for the Future Rhine River, 140–141, 154 Right Livelihood Award Idris, S Mohammed, 171 Ngau Laing, Harrison, 171 Vargha, Janos, 178–180 Rio Declaration, 22–23, 150, 231–235 end of poverty as goal, 62 intergenerational equity and, 37 Principle 5, 62 sustainable development principles, 34–35 River Carol, 17–18 River Oder, 1929 Case Concerning the, 13, 14 Rivers See Fresh water; specific rivers; Watercourses, international Romania environmental problems in, 51 Tisza cyanide spill and, 60–61, 87, 110 Rome Statute on the International Criminal Court, 23–24, 153, 155, 212–214 334 Index Rotterdam Convention for the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 153, 155 Rubber industry, 176–178 Rule-making, 27–29, 84 Russia Communist environmental legacy, 49, 51 disputes with Mongolia, 32 Ecojuris Institute, 149 Kyoto Protocol ratified, 155 Mischenko, Vera, 168–170 WTO membership, 77 Sakhalin Island, 169–170 A Sand County Almanac, 18, 138, 277–278 Sarawak, Malaysia, deforestation of, 170–172 Saro-Wiwa, Ken, 149, 152, 172–176 SARS See Severe Acute Respiratory Syndrome Satellites, 92–93, 226–231 Seas, treaties concerning, 201–209 Seattle, WTO meeting disrupted in, 119, 153–154 Security Council See under United Nations Self-executing treaties, 5, 106–107, 127–128 Serbia and Montenegro See Yugoslavia, former Severe Acute Respiratory Syndrome (SARS), 163 Sherman Antitrust Act, 111 Silent Spring, 18, 140, 275 Silva, Marina, 176–178 The Skeptical Environmentalist, 166–168 Slovakia, Gabcíkovo-Nagymaros case, 33, 51–59, 215–220 Smog, 139 Société Énergie Électrique decision (1939), 12, 13, 14 Somes River, Tisza cyanide spill and, 60–61 South Africa disputes with Lesotho, 32 national constitution of, 38 Sovereignty, 16, 17, 33 Foreign Sovereign Immunities Act (US), 108–109 sovereign development rights, 22–23, 37 Space See Outer space Spain, NATO war crimes case and, 123 Spanish-American War, 31 Species Survival Commission of IUCN, 260 St Petersburg, Declaration of (1868), 112 State rights and responsibilities, 19–20, 21, 33, 37, 90, 139 Stockholm Conference on the Human Environment, 143 Stockholm Convention on Persistent Organic Pollutants, 36, 154, 155 Stockholm Declaration, 19–20, 33, 143, 236–237 Principle 21, 8, 19–20, 38, 39, 90 Sub-Saharan Africa, international trade and, 63–65, 66–68 Subsidies, agricultural, 63–65, 119–121, 127 Sugar industry subsidies in Europe, effect on Africa, 64–66 in United States, 108, 119–121 Sulfur dioxide emissions, 70, 71 Index 335 Superfund Act (CERCLA), 114–115 Sustainable development, 33–37, 39 Commission on Sustainable Development (CSD), 25, 150 definition of (UN report), 163 Gabcíkovo-Nagymaros case and, 152, 215–220 intergovernmental organizations for, 259–260 Rio Declaration, as goal of, 62 World Bank manifesto and, 155 World Summit on (2002), 23, 155 Swaziland, subsidized sugar and, 64–66 Szigetköz, 52, 53 Taking of land, 108 Temperature (global warming), 73–79 Territorial sovereignty, 16, 17, 33 Texaco Overseas Petroleum Company (TOPCO), arbitration, 7–8 Three-prong test, 112, 116 Tisza cyanide spill, 60–61, 87, 110, 154 Tonga, geostationary orbits and, 93 TOPCO See Texaco Overseas Petroleum Company Toronto Atmosphere Conference, 148 Torture Victim Protection Act, 118 Tourism, as threat to ecosystems, 80–81 See also Ecotourism Toxic waste disposal on land, 86–88 from Pancevo chemical complex destruction, 122–125 Tisza cyanide spill, 60–61, 87, 110 transboundary shipment/disposal of, 86–88 treaties/agreements on, 86 See also Basel Convention Trade barriers, 64, 66–68, 118–121 embargo, 115 free, 115, 119 General Agreement on Tariffs and Trade (GATT), 115, 119 international, 62–68, 119, 125 North America Free Trade Agreement (NAFTA), 121, 151, 258 See also World Trade Organization (WTO) Tragedy of the commons, 34 Trail Smelter arbitration, 14–15, 33, 39, 220–221 Transborder environmental harm, 14–15, 19, 21–22 Transboundary environmental resources, 16–17, 32 Transboundary pollution, 32, 70–79 Transboundary shipment/disposal of toxic waste, 86–88 Transboundary watercourses See Watercourses, international Treaties, 23–24, 190–214, 308–311 Antarctic Treaty, 140, 190–191 Antarctic Treaty Environmental Protection Protocol, 192–193 Basel and Bamako Conventions, 193–200 biodiversity, 25 Boundary Waters Treaty, 136–137 climate change, 25 336 Index Treaties, (cont.) ENMOD, 200–201 Gabcíkovo-Nagymaros treaty (1977), 52–53, 56–59 Geneva Conventions of 1949 and international law, International Treaty of Plant Genetic Resources for Food and Agriculture, 85 international watercourse, 9–14, 25 Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution, 201–203 Law of the Sea Convention, 203–209 multilateral, 20–21, 145–146, 149, 150–151 non-self-executing, 5, 106–107, 127–128 ocean environments, 90–91, 201–209 Outer Space Treaty, 91–93, 209–210 Protocol I to the Geneva Conventions of 1949, 210–211 Protocol II to the Geneva Conventions of 1949 Rome Statute on the International Criminal Court, 212–214 self-executing, 5, 106–107, 127–128 source materials/reading on, 99–102, 190–214 Treaty Banning Nuclear Weapon Tests, 140 Treaty of Paris, 16 Treaty of Trianon, 12, 16 Treaty of Versailles, 12 United Nations Treaty Collection, 317 of United States, 5, 106–107, 132–133 See also Treaty secretariats Treaty secretariats, 262–267 Basel Convention (UNEP), 263 Convention on Biodiversity (CBD), 264 Convention on Combat Desertification, 264–265 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 263–264 Mediterranean Action Plan, 265 UNEP Ozone Secretariat, 265–266 United Nations Framework Convention on Climate Change (UNFCC), 266 World Heritage Center of the United National Educational Scientific and Cultural Organization (UNESCO), 267 Trianon, Treaty of, 12, 16 Tufts Multilaterals Project, 271 Tuna fishing, 115 Tungsten, 127 Uganda, geostationary orbits and, 93 UNCLNUIW See United Nations Convention on the Law of Non-navigational Uses of International Watercourses UNCLOS See United Nations Convention on the Law of the Sea Index 337 UNCTAD See United Nations Conference on Trade and Development UNDP See United Nations Development Program UNEP See United Nations Environment Programme UNESCO See United Nations Educational, Scientific and Cultural Organization UNFCCC See United Nations Framework Convention on Climate Change Union Carbide, 116, 147 UNITAR See United Nations Institute for Training and Research United Kingdom NATO war crimes case and, 123 toxic waste disposal and, 86–87 United Nations, 24–27, 138 agencies of, 25 conference documents, Department of Economic and Social Affairs, Division for Sustainable Development, 260 dispute resolution model, 94 General Assembly resolutions, 5, 6–8, 21, 24 Legality of Nuclear Weapons advisory opinion, 7, 152 role of, 24–27 Security Council resolutions, 5, 6, 149 Treaty Collection, 317 Water Conference, 145 World Charter for Nature, 21–22, 147 World Heritage Center of UNESCO, 143, 267 United Nations Commission on Sustainable Development, 25, 150 United Nations Conference on Desertification, 145 United Nations Conference on Environment and Development, 150 United Nations Conference on the Human Environment (Stockholm), 19 United Nations Conference on Trade and Development (UNCTAD), 25 United Nations Convention on Combat Desertification, 264–265 United Nations Convention on the Law of Non-navigational Uses of International Watercourses (UNCLNUIW), 30, 88–89, 152 United Nations Convention on the Law of the Sea (UNCLOS), 90, 146–147, 151, 203–209 United Nations Development Program (UNDP), 25 United Nations Economic Commission for Europe, 150 United Nations Educational, Scientific and Cultural Organization (UNESCO), 25, 267 United Nations Environment Programme (UNEP), 261 Basel Convention Secretariat, 263 creation of, 19, 24, 236–237 fact-finding missions, 121, 123 Ozone Secretariat, 265–266 role of, 24–25 338 Index United Nations Framework Convention on Climate Change (UNFCCC), 36, 76, 78–79, 150–151, 266 United Nations Industrial Development Organization, 73 United Nations Institute for Training and Research (UNITAR), 25 United States act of state doctrine, 108 Agreement on Air Quality with Canada (1991), 70, 149 Agreement to Cooperate in the Solution of Environmental Problems in the Border Area (with Mexico, 1991), 70, 147 agricultural subsidies in, 65–66 Alien Tort Claims Act, 118, 237–238 Clean Air Act, 114 congressional representation in, 64 Constitution, 106, 128 Eight-Hour Law, 112 environmental law in, 33 extraterritorial application of environmental laws, 61, 110–118, 242–249 Foreign Corrupt Practices Act, 110–111 Foreign Sovereign Immunities Act (FSIA), 108–109 hazardous waste disposal by, 87–88 Kyoto Protocol and, 76–77, 78–79, 154 La Paz Agreement (1991), 70 NATO war crimes case and, 123 Protocol I of Geneva Convention and, 20, 124 Restatement (Third) of Foreign Relations Law, 4–5, 186–190 Sherman Antitrust Act, 111 statutes, 315 Torture Victim Protection Act, 118 See also United States cases; United States special issues United States cases, 237–249, 314–315 American Banana Co v United Fruit Co (1909), 111–112 Amlon Metals, Inc v FMC, 116 Beanal v Freeport-McMoRan, 117–118, 237–241 Environmental Defense Fund, Inc v Massey (1993), 112–113, 190, 192–193, 242–249 Equal Opportunity Employment Commission v Arabian American Oil Co (1991), 112 Foley Bros., Inc v Filardo (1949), 112 Hirt v Richardson, 114 NEPA Coalition of Japan v Aspin, 113–114 The Paquete Habana, 107 United States v Ivey, 115 United States special issues, 105–134 bribery, 110–111 CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), 114–115 custom/customary international law, 107–109 depleted uranium, 125–127 extraterritorial application of U.S environmental laws, 110–118 Florida Everglades, 118–121 Index 339 foreign activities of U.S businesses, 110–118 foreign law in U.S courts, 109 foreign plaintiffs in U.S courts, 116–118, 237–241 international law in U.S practice, 106–109 jurisdiction, 107–108, 115, 117 MMPA (Marine Mammal Protection Act), 115 Pancevo, 121, 122–125 RCRA (Resource Conservation and Recovery Act), 116–118 sources/reading on, 128–134 summary of, 127–128 trade and the environment, 118–121 treaties, 106–107 war and the environment, 121–127 Uranium, depleted, 125–127 Vargha, Janos, 53–54, 146, 178–180 Versailles, Treaty of, 12 Vienna Ozone Convention, 28, 36, 72, 147 Vietnam War, 18, 20, 122 Operation Ranch Hand, 18, 141 War antiwar activists, 125–126 crimes, 24, 221–226 environmental harm from, 20–21, 38, 121–122, 200–201, 210–211 De Jure Belli ac Pacis, 135 Declaration of St Petersburg (1868), 112 jus ad bellum, 121 jus in bello, 121 law of, 112, 121–127, 135 United States environmental issues concerning, 121–127 See also Geneva Conventions; Hague Conventions; Protocol I to the Geneva Conventions of 1949; Protocol II to the Geneva Conventions of 1949 Warming, global, 73–79 Warsaw Pact nations, 57 Water See Fresh water; Oceans; Water pollution; Watercourses, international Water pollution Convention for the Prevention of Marine Pollution from Land-based Sources, 90 Convention for the Protection of the Rhine, 140–141, 154 International Convention for the Prevention of Pollution from Ships, 90–91 Tisza cyanide spill, 60–61, 87, 110, 154 treaties concerning marine environments, 201–209 Watercourses, international composition of, 88 Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 150 Donauversinkung decision (1927), 12–13 environmental law for protection of, 88–89 Lac Lanoux decision (1957), 17–18, 23 legal decisions concerning, 12–14, 17–18 non-navigational uses of, 26, 30–31, 88–89, 152, 278 340 Index Watercourses, international (cont.) Société Énergie Électrique decision (1939), 12, 13 treaties concerning, 9–14, 25 WCPA See World Commission on Protected Areas Wealth, North-South conflict and, 31–33, 39 Websites, 316–317 Weddell seal, 192 Weeramantry, Judge, 34, 58 West Africa, toxic waste disposal sites in, 86–87 West Papua, 117, 158–161 WHO See World Health Organization Wingspread Statement on the Precautionary Principle, 35 Wise use, 33 WMO See World Meteorological Organization The World Bank-Environment and the World Bank, 25–26, 155, 266–267 World Charter for Nature, 21–22, 147 World Commission on Environment and Development (Brundtland Commission), 147, 161–163 World Commission on Protected Areas (WCPA), 261–262 World Court, 5–6 World Health Organization (WHO), 25, 163 World Heritage Center of UNESCO, 267 World Heritage Sites, 143 World Meteorological Organization (WMO), 25, 146, 262 World Resources Institute (WRI), 271–272 World Summit on Sustainable Development (2002), 23, 155 World Trade Organization (WTO), 119, 121 Agreement on the Application of Sanitary and Phytosanitary Measures, 36 environmentalists and, 115, 119 Russia and, 77 Seattle meeting disrupted, 119, 153–154 trade barriers and, 67–68 World War I poison gas use during, 122 territorial control changes due to, 11 World War II, end of colonial empires and, 16 World Wildlife Fund International, 272 Worldwatch Institute, 272 WRI See World Resources Institute WTO See World Trade Organization Yearbook of International Cooperation on Environment and Development, 269 Yugoslavia, former, 153 Final Report of International Criminal Court on possible NATO war crimes, 221–226 International Criminal Tribunal for, 121, 222 Pancevo chemical complex destruction, 121, 122–125, 154 Tisza cyanide spill and, 60–61 Zaire, geostationary orbits and, 93 About the Author Aaron Schwabach is a professor of law at Thomas Jefferson School of Law in San Diego He is the author of numerous scholarly articles and other published works on international environmental law Dr Schwabach has taught classes in the subject since 1991 341 [...]... insufficient to address the environmental problems facing the Earth; environmental problems are often international in nature, and must be addressed internationally International Environmental Law in Context 3 Environmental protection has been a concern of international law throughout history; however, prior to the twentieth century it was a minor concern, and customary and conventional international law regarding... approaches to environmental rights, including the idea of environmental rights as human rights 4 International Environmental Law in Context Sources of International Law International law is either conventional or customary; these words are terms of art and do not mean what they might in ordinary English usage Conventional international law is law set forth and contained in treaties and other international. .. era of international environmental law, in which environmental protection itself was a goal of international law, and environmental injury became an international wrong for which states could seek redress A further landmark event occurred in 1972 with the United Nations Conference on the Human Environment in Stockholm and the creation of the United Nations Environment Programme (UNEP) After 1972 environmental. .. approach: International environmental harm is seen first as an offense against sovereignty, rather than as an offense against the interests of the affected community The idea of environmental harm as an offense against the environment itself had not even begun to emerge Perhaps ultimately even more important to international environmental law was a new theoretical basis for international environmental. .. with a historical overview of the development of international law It divides this development into three historical periods In the first period, before 1941, international environmental law had no separate existence; although a few environmental treaties existed, environmental protection as a whole was generally incidental rather than a specific goal of international law That changed with the 1941 decision... protection became not merely a goal of international law but a legal and administrative field in its own right Chapter 1 then turns to an examination of this area of law, looking both at the role of UNEP and other international organizations and at the structure and functions of international environmental protection It examines two controversies that dominate international environmental law today: the NorthSouth... committed in violation of international law Chapter 4 provides a chronology of milestone events in the development of international environmental law, with particular attention to events relating to disputes discussed in detail elsewhere in the book Chapter 5 provides biographical sketches of a selection of activists and leaders who have helped to shape the development of international environmental law These... much as I did writing it, and I hope that it will serve as a starting point for further research on and discussion of international environmental law 1 International Environmental Law in Context T he world environment is in crisis Or is it? One view is that anthropogenic (human-caused) environmental change is now the greatest threat to humanity’s continued survival as a species within the global ecosystem... look at the principles of environmental ethics underlying the field Chapter 2 looks at specific international environmental problems and the degree of success that has been attained in resolving them In the Gabˇcíkovo-Nagymaros dispute, for example, two neighboring states followed a highly formal process of dispute resolution through the International Court of Justice More often, disputes are too unfocused... economy; its actions have major international environmental impacts The chapter first looks at the role of international law in the U.S legal system It then examines attempts to have U.S laws applied to the actions of U.S parties outside the United States, at the law governing environmental damage from U.S military actions, and at a suit by a foreign national in a U.S court for environmental harm allegedly