Levels of Environmental Law (HL IB ESS OLD COURSE - IGNORE)
Revision Note
Written by: Alistair Marjot
Reviewed by: Bridgette Barrett
Levels of Environmental Law
Environmental laws can be established at different levels: local, national, and international
Each level of environmental lawmaking has its own jurisdiction and scope, addressing environmental issues within its geographical or political boundaries
Differences between local, national and international laws
Local environmental laws:
Governed by local councils or municipalities
Address specific environmental issues relevant to the local community, such as recycling programmes, waste disposal, and land use planning
E.g. local laws protecting urban green spaces - these laws might designate certain areas in towns and cities as conservation zones or green belts, prohibiting development or construction activities to preserve natural habitats, wildlife corridors, or environmentally sensitive areas
National environmental laws:
Enacted by national governments to address broader environmental concerns
Cover a wide range of issues, including air and water quality standards, conservation of natural resources, and environmental protection
E.g. the Clean Air Act in the United States, regulating air pollution emissions from industrial facilities and vehicles
International environmental laws:
Agreements established between multiple countries or regions to address transboundary environmental issues (i.e. problems that cross international borders and affect multiple countries)
Govern matters such as pollution control, conservation of biodiversity, and management of shared resources
E.g. the Paris Agreement (2015) - a global treaty aimed at combating climate change by limiting global warming and reducing greenhouse gas emissions
Strengths and Weaknesses of Environmental Laws
Level | Strengths | Weaknesses |
|---|---|---|
Local environmental laws | Address specific community needs Allow for relevant, tailored solutions to local environmental problems Promote local engagement (can engage the public and different age-groups) | Limited scope Lack of consistency across regions Challenges in enforcement and implementation (may not have the financial resources to implement successfully) |
National environmental laws | Comprehensive coverage Consistent standards across the country Stronger enforcement mechanisms | May not address transboundary issues (or can even aggravate disputes) Variations in implementation and enforcement between regions Potential conflicts between national and local laws |
International environmental laws | Address global environmental challenges Promote cooperation and collaboration among nations Provide frameworks for resolving conflicts | Limited or ineffective enforcement mechanisms Challenges in achieving consensus among nations Potential conflicts with national sovereignty |
Case Study
International and National Agreements on Water Sources: The Nile River
International law:
For many years, the Nile River Basin countries, including Egypt, Ethiopia, and Sudan, have been engaged in disputes and negotiations regarding the shared waters of the Nile River
One of the most contentious issues has been Ethiopia's construction of the Grand Ethiopian Renaissance Dam (GERD) on the Nile River, which has raised concerns about water availability and water security downstream, particularly in Egypt
In 2015, amidst escalating tensions, the three countries signed the Declaration of Principles, aimed at establishing cooperative principles for managing the GERD and ensuring equitable sharing of Nile waters
This agreement represents a significant milestone in international water governance, providing a framework for resolving conflicts and promoting cooperation between countries that share major rivers
National Law:
In response to growing water security concerns caused by factors such as population growth and climate change, Egypt has implemented its own national laws to manage its water resources more sustainably
Notably, the Egyptian parliament passed the Egyptian Water Resources and Irrigation Law (Law No. 147 of 2021) to govern the sustainable and equitable management of the country's water resources
This law addresses various aspects of water management, including surface water, groundwater, and Nile water, and aims to reduce inefficient water use (e.g. through improved irrigation practices)
One key provision of the law requires all new buildings and residential complexes to incorporate water-saving devices, such as low-flow taps, shower-heads, and toilets, to decrease water consumption and promote water conservation at the domestic level
The Nile River case study demonstrates the complex interplay between international agreements and national legislation in addressing transboundary water issues.
International and national legal frameworks need to work together in order to ensure effective governance and equitable use of shared water resources. An integrated approach to environmental issues, such as water management, is required.
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