International Environmental Law
As awareness of environmental issues advances, national laws have become more protective of our natural resources. International regulation and multinational treaties have also shown an increased concern for conservation. While national laws have an obvious impact on businesses and individuals residing within those countries, international rules can also have a substantial impact on business practices and quality of life.
An international arbitration decision, in 1941, established the basis for much of today's international environmental law. A Canadian copper smelting company located in the Pacific Northwest was producing sulfur dioxide that was polluting the Columbia River valley in western Washington State. The United States and Canada agreed to arbitrate their dispute over the resulting damages, and the arbitration panel set forth the "polluter pays" principle. In other words, a country that allows its territory to be used in such a way that causes harm to another country must pay for those damages. Likewise, this principle has been used in national environmental law to make polluting businesses responsible for damage they cause.
Growing out of this broad ruling and a growing recognition in the last half of the 20th century of the consequences of environmental degradation, international efforts focused on decreasing pollution and protecting the world environment. Among the main and widely accepted treaties are:
- The United Nations Convention on the Law of the Sea (concerning protection of the marine environmental worldwide)
- Convention on International Trade in Endangered Species of Wild Flora and Fauna ("CITES") (regulating trade in endangered animals and plants and products made from endangered species)
- The Kyoto Protocol to the United Nations Framework Convention on Climate Change (the "Kyoto Treaty") (standardizing goals for emission and pollution reductions to stave off negative effects of global climate change)
In addition to these specifically environmental treaties, major trade and foreign relations treaties such as those supporting the North American Free Trade Agreement (NAFTA), the World Trade Organization (WTO), and the European Union include some nods to environmental protection. These provisions take effect either through clauses allowing countries to disobey the treaties if their environments are threatened, or through specific terms, annexes, and appendices addressing environmental protection. Businesses working in regional trade areas are well-advised to investigate the environmental rules applicable to their operations.
While international environmental laws seem to be concerns for governments and politicians rather than businesses or individuals, the treaties and supranational regulations that make up part of world environmental law have very real impacts on national policy and daily life. Individuals can be held responsible for treaty obligations mirrored in national law and policy. Businesses have good reason to take care. International environmental obligations can have a direct impact on the bottom line, as when businesses and communities require vendor compliance with the International Organization for Standardization's environmental standards (ISO 14000). The international environmental rules should be thoroughly researched for their applicability to a given situation; an experienced environmental law attorney is an irreplaceable resource for avoiding problems.
To read and printout a copy of the Form please link below.
ISO 14000 Compliance
You can download a free copy of Adobe Acrobat Reader here.
Copyright © 1994-2006 FindLaw, a Thomson business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
View Previous Selections
|
