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International environmental law.

Module A: General aspects of international environmental law I.

Chapter 4: Jurisdictional and institutional aspects of environmental governance.

State jurisdiction
The coastal state has full jurisdiction in its internal waters (e.g. ports) and territorial sea (up to 12 nautical miles; innocent passage allowed; only criminal jurisdiction enforced). It may establish a contiguous zone up to 24 nautical miles.

Global conventions apply, e.g. MARPOL, 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes; also regional conventions, e.g. 1992 Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area.

Distinguish legislative from enforcement jurisdiction; flag, coastal, and port states.

Continental shelf
1958 Convention on the Continental Shelf confirmed the 1945 Truman Proclamation that the coastal state exercises exclusive sovereign rights to explore and exploit natural resources (living or mineral) in the seabed and subsoil of its continental shelf, to a depth of 200 metres.

This is further confirmed in 1969 North Sea Continental Shelf ICJ and Article 77 of 1982 UN Convention on the Law of the Sea.

Exclusive economic zone
Customary international law recognizes exclusive fisheries up to 200 nautical miles. EEZ extends this to ‘exploring and exploiting, conserving and managing’ both living and non-living resources: Articles 55–58 of 1982 UN Convention on the Law of the Sea. The coastal state has sovereign rights over natural resources in waters adjacent to the seabed, but freedom of navigation applies to all waters in the EEZ.

Deep seabed and high seas
The natural resources of the seabed beyond state jurisdictions are the common heritage of humankind, managed by the International Seabed Authority.

The high seas is open to all states and there is e.g. freedom of fishing, in turn limited by regional fisheries commissions and international conventions e.g. 1959 Geneva Convention on Fishing and Conservation of the Living Resources of the High Seas, 1982 UNCLOS, 1995 United Nations Agreement on the Conservation and Management of Straddling Fish and Highly Migratory Stocks.

Intergovernmental organizations
An international organization such as the UN should be regarded in international law as possessing the powers which, even if they are not expressly stated in the Charter, are conferred upon the Organization as being essential to the discharge of its functions: Reparation for Injuries ICJ 1948. In contrast, WHO did not have the standing to request an advisory opinion before the ICJ: Use of Nuclear Weapons in Armed Conflict ICJ 1996.

United Nations
See Arts. 1, 55 UN Charter.
 * Principal organs: General Assembly (Art. 13 Charter), Security Council, Economic and Social Council (ECOSOC), Trusteeship Council, ICJ, Secretariat.
 * Subsidiary organs: Committees standing and ad hoc, e.g. Commission on Sustainable Development under ECOSOC &rarr; now High-Level Political Forum (supported by UN Secretariat’s Department of Economic and Social Affairs), Committee of Experts on the Transport of Dangerous Goods and GHS under ECOSOC, International Law Commission.
 * Specialized agencies e.g. ILO, WHO, World Bank (trustee of Global Environment Facility; with its Inspection Panel), IMF, FAO &rarr; e.g. 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, IMO (with its Marine Environment Protection Committee) &rarr; e.g. MARPOL 73/78, WMO &rarr; IPCC. But IAEA and WTO do not formally belong to the UN System.
 * Programmes and organs, e.g. UNDP, UNEP (with its UN Environment Assembly since 2014 ex General Council, Division of Environmental Law and Conventions) reporting to ECOSOC &rarr; e.g. 1998 Rotterdam PIC Convention.

Under ECOSOC, UN Economic Commission for Europe (UNECE) has a Committee on Environmental Protection and an Environment for Europe process. It has adopted declarations and conventions e.g. Aarhus Convention &larr; Rio Principle 10, 1979 Convention on Long-Range Transboundary Air Pollution, 1991 Espoo Convention on Environmental Impact Assessment in a Transboundary Context, 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes and 1992 Helsinki Convention on the Transboundary Effects of Industrial Accidents.

Regional organizations
European Union.

OECD has an Environment Directorate and a Environment Policy Committee (EPOC), and an Environment Strategy for the first decade of the twenty-first century guiding the work of the OECD Council. &rarr; International Energy Agency.

The Council of Europe's Pan-European Biological and Landscape Diversity Strategy led to the 2000 European Landscape Convention. It serves as the secretariat of the 1979 Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention). Its European Court of Human Rights (ECtHR) under the 1950 European Convention on Human Rights and Political Freedoms contributes to human rights jurisprudence about environment.

OSCE has environmental activities and Environment and Security Initiative (ENVSEC).

African Union (est. 1963 Organization of African Unity) has 1968 African Convention on the Conservation of Nature and Natural Resources (revised 2017 Maputo), 1991 Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa.

ASEAN Agreement on Transboundary Haze Pollution.

Treaty organizations
These can be commissions e.g. Helsinki Commission under 1974 Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, OSPAR Commission; or COPs/MOPs plus secretariats e.g. Secretariat of the Basel, Rotterdam and Stockholm Conventions.

UNCLOS &rarr; ITLOS and International Seabed Authority.

Non-state actors
‘The Economic and Social Council may make suitable arrangements for consultation with non-governmental organisations which are concerned with matters within its competence. Such arrangements may be made with international organisations and, where appropriate, with national organisations after consultation with the member of the United Nations’: Article 71 UN Charter. Paragraphs 11 and 12 of ECOSOC Resolution 1996/31 (Consultative relationship between the United Nations and non-governmental organizations) requires internal accountability and financial transparency of the consultative NGOs.

Examples:
 * International Union for Conservation of Nature &rarr; Draft International Covenant on Environment and Development : implementing sustainability. Fifth edition : updated text.
 * Article 7, paras 1–2,6 of 1992 Framework Convention on Climate Change: The COP shall ‘Seek and utilise, where appropriate, the services and cooperation of, and information provided by, competent international organisations and intergovernmental and non-governmental bodies’; ‘Any body [...] which has informed the secretariat of its wish to be represented at a session of the COP as an observer, may be so admitted unless at least one third of the parties present object.’
 * Rio Summit identified a set of nine Major Groups to have a key role to play in implementing Agenda 21: Women – Children and Youth – Indigenous Peoples – Non-Governmental Organizations – Local Authorities – Workers and Trade Unions – Business and Industry – Scientific and Technological Community – Farmers.

National and international law and soft law may require or encourage the use of privately-set environmental standards or eco-labelling such as ISO 14000, Forest Stewardship Council, Marine Stewardship Council.

International environmental public–private partnerships may be listed in the Partnerships for SDGs online platform and follow UN Global Compact.

Individuals and communities
‘At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities [...] and the opportunity to participate in decision-making processes’: Rio Principle 10 &rarr; Aarhus Convention &rarr; 2003 Kyiv Protocol on Pollutant Release and Transfer Registers. Lat. Am. and Caribbean counterpart: Escazú Agreement.

‘In view of the interrelationship between the natural environment and its sustainable development and the cultural, social, economic and physical well-being of indigenous people, national and international efforts to implement environmentally sound and sustainable development should recognize, accommodate, promote and strengthen the role of indigenous people and their communities’: Chapter 26 of Agenda 21.

‘Civil liability regimes’ recognize the need to impose obligations on private parties to protect the environment.