Unit 2:  The Legal System Within The UK

2.3.2  Conclusions

A brief overview of international environmental law has been given in this tutorial, and you are expected to have also gleaned wider knowledge on the subject from supplementary reading.

The prevailing theme throughout International Law appears to be that there are many criticisms of it due to the inherent weaknesses in the framework. However, the more optimistic developments that have taken place which are summarised below, offer a brighter future for international environmental law:

  • the use and production of specific substances has been internationally regulated and banned (e.g ozone depleting substances as a result of the Montreal Protocol 1987).
  • the emergence of international standards enabling self regulation by industry, for the sake of environmental protection a recognition of the need to fully embrace environmental impact assessment.
  • an increasing identification of the usefulness of the use of public access to environmental information cementing long standing principles such as the polluter pays.
  • recognition and increasing acceptance of the necessity to utilise economic and fiscal tools in order to promote the use of clean technology and to promote conservation.
  • the birth of forums on an international scale given the powers to impose various international agreements.
  • the emergence bans on the import of goods into certain states that do not comply with international standards.
  • an appreciation that the objectives of developed countries are different to the less developed and developing countries, coupled with a recognition of some sort of compensation for countries which are less developed upon undertaking measures to improve their environmental performance.
  • the use of soft law.