Definition & Purpose of Environmental Law (HL IB ESS OLD COURSE - IGNORE)
Revision Note
Written by: Alistair Marjot
Reviewed by: Bridgette Barrett
Basics of Law
Laws are fundamental rules that regulate and govern human behaviour within a society
For example, traffic laws regulate how drivers should behave on the roads to ensure safety and order
Laws are established and enforced by social or governmental authority to maintain order and protect rights
For example, laws prohibiting theft ensure the protection of individuals' property rights and contribute to the overall safety and security of the community
Law enforcement agencies, such as the police, are authorised by the government to enforce these laws, investigating theft cases and apprehending offenders to uphold the rule of law and safeguard citizens' rights
Purpose and function of laws
Laws serve multiple purposes, including governing human conduct, resolving conflicts, and promoting justice
They provide a framework for social order, ensuring stability and predictability in society
Laws also act as a deterrent against undesirable behaviours by imposing penalties for violations (i.e. when people break the law)
Sources of law
Laws can originate from various sources, including legislation, common law, administrative regulations, and international treaties
Legislation refers to laws enacted by a legislative body, such as a parliament or congress
Common law derives from judicial decisions and precedent established through court rulings
Administrative regulations are rules and regulations created by administrative agencies to implement laws
For example, the Environmental Protection Agency (EPA) in the United States is an administrative agency tasked with implementing and enforcing environmental laws and regulations
International treaties are agreements between sovereign states governing interactions between nations
For example, the Paris Agreement was an international treaty signed in 2015 that aims to combat climate change by limiting global warming to well below 2 °C above pre-industrial levels
Enforcement of laws
Law enforcement agencies are responsible for upholding and enforcing laws within a jurisdiction
Enforcement mechanisms may include police, courts, and correctional systems (e.g. prisons or jails)
Penalties for violating laws can range from fines and community service to imprisonment, depending on the severity of the offence
Consequences of absence of law
Without laws, societies would descend into chaos and anarchy, with individuals free to act as they please without consequences
Lack of legal framework undermines social order, leading to conflict, violence, and oppression
The absence of law threatens people's fundamental rights and freedoms, leaving individuals vulnerable to exploitation and injustice
An example of this can be seen in failed states like Somalia, where the absence of a functioning legal system has led to widespread lawlessness and violence
Rule of law
The rule of law is the principle that asserts that everyone is subject to the law, including government officials
Key concepts underpinning the rule of law include:
Equality: All individuals are equal before the law, regardless of status, wealth, or power
Fairness: Legal processes and decisions should be impartial and unbiased, ensuring fair treatment for all
Liberty: Laws should protect individual liberties and freedoms, limiting government intrusion into personal affairs
Justice: The legal system should strive to achieve justice by providing remedies for wrongs and ensuring accountability for violations
Introduction to Environmental Law
Definition of environmental law
Environmental law includes the legal principles, regulations, and treaties governing the interaction between human activity and the environment
It focuses on regulating human behaviour to minimise negative impacts on natural resources and ecosystems, promoting sustainability and environmental protection
It provides a framework for balancing economic development with environmental preservation, safeguarding the well-being of current and future generations
Scope of environmental law
Environmental law covers various aspects of human-environment interactions, including (but not limited to) the following:
Main Aspects Covered by Environmental Law
Aspect | Explanation | Example |
|---|---|---|
Management of natural resources | Regulating the extraction, use, and conservation of resources such as forests, minerals, fisheries, and water bodies | The National Forest Management Act in the United States regulates the sustainable management and use of national forests, balancing conservation with timber harvesting and recreational activities |
Pollution management | Establishing regulations to control and mitigate pollution of air, soil, and water, in order to protect human health and ecosystems | The Clean Air Act in various countries imposes regulations on emissions from industries and vehicles to improve air quality and reduce the impacts of air pollution on human health and the environment |
Biodiversity protection | Implementing measures to conserve and protect endangered species, wildlife habitats, and ecosystems to maintain biodiversity | The Convention on Biological Diversity is an international treaty aimed at conserving biodiversity, promoting sustainable use of biological resources, and ensuring fair and equitable sharing of benefits from genetic resources |
Construction and development projects | Requiring Environmental Impact Assessments (EIAs) to evaluate the potential environmental effects of major infrastructure projects before approval | The European Union's Environmental Impact Assessment Directive requires member states to conduct environmental assessments for major development projects, such as infrastructure construction, to identify and mitigate potential environmental impacts |
Understanding the fundamental aspects of environmental law is essential for addressing environmental challenges and achieving sustainable development
Case Study
Dakota Access Pipeline
Overview:
The Dakota Access Pipeline (DAPL) is an underground pipeline that transports crude oil from North Dakota to Illinois, spanning approximately 1 172 miles
The pipeline's construction and operation have been met with significant controversy, particularly due to its potential environmental and social impacts, including threats to water sources and sacred sites of the Standing Rock Sioux tribe
Environmental concerns:
Water contamination:
The proposed pipeline route passes beneath the Missouri River, the primary water source for the Standing Rock Sioux tribe and millions of others downstream
A potential oil spill could contaminate the water, posing risks to human health and ecosystems
Ecosystem disruption:
Pipeline construction and operation have disrupted local ecosystems, including wetlands and wildlife habitats, leading to biodiversity loss and habitat fragmentation
Climate impact:
The extraction and transportation of fossil fuels contributes to greenhouse gas emissions, exacerbating climate change and its associated environmental consequences
Social impacts:
Cultural heritage:
The pipeline's route crosses lands considered sacred by the Standing Rock Sioux tribe, threatening culturally significant sites and disrupting traditional practices and ceremonies
Health and safety:
Pipeline leaks or spills could have severe health and safety implications for nearby communities, including potential contamination of drinking water sources and exposure to hazardous chemicals
Indigenous rights:
The DAPL construction has raised concerns about violations of Indigenous rights, including the right to free, prior, and informed consent regarding projects that affect their lands and resources
Role of environmental law and EIAs:
Environmental Impact Assessment (EIA):
An EIA is a critical component of the regulatory process for projects like the Dakota Access Pipeline
It evaluates the potential environmental, social, and cultural impacts of proposed developments, helping decision-makers assess the project's feasibility and identify mitigation measures
Legal framework:
Environmental laws, such as the National Environmental Policy Act (NEPA) in the United States, ensure that environmental impacts are considered and that there is public input in decision-making processes for major projects like the DAPL
Public consultation:
EIAs involve consultation with affected communities, including Indigenous groups like the Standing Rock Sioux tribe, to ensure their concerns and perspectives are considered during project planning and decision-making
Conclusion:
The Dakota Access Pipeline case highlights the intersection of environmental, social, and cultural concerns in infrastructure development projects
EIAs play a crucial role in assessing and addressing the potential impacts of such projects, ensuring that environmental laws are upheld, and sustainability principles are integrated into decision-making processes
Effective implementation of environmental law requires a holistic approach that considers not only ecological sustainability but also social sustainability, including the protection of Indigenous rights and cultural heritage
Examiner Tips and Tricks
You don't need to memorise this case study; it just provides you with an example of how environmental law covers various aspects of human-environment interactions. Some cases, like the Dakota Access Pipeline, are highly complex, requiring many different environmental and social factors to be considered.
For your exam, make sure you are familiar with the four main aspects covered by environmental law (see the table) and how these can be applied to different scenarios you might be presented with.
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