International and national environmental law. International environmental law. Air protection

Environmental protection by international legal means is a relatively young branch of international law. In fact, today we can only talk about the formation and formation of an appropriate system of norms and principles. At the same time, the enormous importance of the subject of regulation of this industry for all mankind makes it possible to predict the intensive development of international environmental law in the foreseeable future. The global environmental problems on the agenda in one way or another affect the interests of all states and objectively require the coordination of the efforts of the world community to resolve them. Some of the figures characterizing the current state of the environment look very threatening. So, at present, about a third of the entire land area of \u200b\u200bthe globe is under the threat of becoming a desert. Over the past 50 years, the world's forest resources have almost halved. More than a thousand animal species are threatened with extinction. about half of the world's population suffers from a lack of water resources. Almost all of these problems are of an anthropogenic nature, that is, to one degree or another, associated with human activities. It is generally recognized that environmental security is an integral part of global international security in the broad sense of this concept. In this regard, by now, international law has formed a certain regulatory framework dedicated to environmental protection.

International environmental law (international legal protection of the natural environment) is a system of principles and norms that regulate the activities of subjects of international law for the rational and environmentally sound use and protection of natural resources, as well as the preservation of favorable living conditions on Earth.

Scientific and technological progress and the associated growth of the productive forces of man as a biological species lead to a whole range of problems, the solution of which is beyond the power of individual states today. These problems include, in particular:

Depletion of natural resources;

Environmental pollution;

Irreversible degradation of ecosystems;

The disappearance of certain biological species;

Deterioration of the ecological situation, etc.

A fundamental feature of environmental problems is their global nature, which is due to the organic unity of the human environment on Earth. The scale of human economic activity and anthropogenic impact on the natural environment are currently such that it is practically impossible to isolate the harmful consequences from them. This is especially true for global ecosystems: the atmosphere, the World Ocean, space. Consequently, states, as subjects of international law, are objectively forced to cooperate to solve the problems they face. This need is clearly recognized by the world community, which is reflected in the creation of appropriately oriented principles, norms and mechanisms.

Environmental law mainly includes the protection of the environment as a sphere of human physical existence. The environment should be understood as a set of at least three elements: objects of the living environment, objects of the inanimate environment and objects of the artificial environment.

Living environment objects are flora and fauna, flora and fauna of the planet. This element of the environment includes both those plants and animals that are of economic importance for humans, and those that indirectly affect the conditions of its existence (through maintaining the balance of their ecosystems).

Objects of the inanimate environment, in turn, are divided into hydrosphere, atmosphere, lithosphere and outer space. These include sea and freshwater pools, air, soil, space and celestial bodies.

Objects of the artificial environment are structures created by man and having a significant impact on the conditions of its existence and the natural environment: dams, dams, canals, economic complexes, landfills, megacities, reserves, etc.

It should be noted that all elements of the environment are interconnected and have a mutual influence on each other. Therefore, international legal protection of the environment requires an integrated approach. This approach is the basis of the concept of sustainable development and the concept of environmental safety.

Analysis of the current international legal documents allows us to highlight several main directions of international cooperation in the field of environmental protection... First, it is the establishment of an environmentally sound, rational regime for the exploitation of natural resources. Second, prevention and reduction of environmental damage from pollution. Third, the establishment of international responsibility for violation of the relevant rules. Fourth, the protection of natural monuments and reserves. Fifth, the regulation of scientific and technical cooperation of states on environmental protection. Sixth, the creation of comprehensive programs of environmental protection measures. According to the UNEP (United Nations Environment Program) register, there are more than a thousand international treaties in the world, the totality of which forms international environmental law, or international environmental law. The most famous among them are the following.

In the field of protection flora and fauna The Convention for the Conservation of Fauna and Flora in Their Natural State of 1933, the Convention for the Conservation of Nature and the Conservation of Wildlife in the Western Hemisphere of 1940, the International Convention for the Regulation of Whaling of 1946, the International Convention for the Protection of Birds of 1950, and the International Convention for the Protection of Plants are in force 1951, Convention on the Fishing and Conservation of Living Resources of the High Seas 1958, European Convention for the Protection of Animals during International Transport 1968, Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 Bonn Conservation Convention flora and fauna and natural habitats in Europe, 1979 Convention on Migratory Species of Wild Animals, Agreement on the Conservation of Polar Bears in Europe 1973, Convention on the Conservation of Antarctic Marine Living Resources 1980, International Tropical Timber Agreement 1983, Convention on biological diversity 1992, 1986 South Pacific Conservation Convention and others.

International legal protection atmosphere dedicated to the 1979 Convention on Long-range Transboundary Air Pollution. Currently, the Convention has a number of documents that regulate in more detail the obligations of its parties: the 1985 Helsinki Protocol on the Reduction of Sulfur Emissions by 30%, the 1988 Sofia Protocol on the Abatement of Volatile Emissions of Nitrogen Oxides, the 1991 Geneva Protocol on Volatile Organic Compounds and the 1994 Oslo Protocol on Further Reduction of Sulfur Emissions. In 1985, the Vienna Convention for the Protection of the Ozone Layer was adopted (acting with the Montreal Protocol to it in 1987), and in 1992 - the UN Framework Convention on Climate Change.

In the field of protection marine environment most important are the 1982 UN Convention on the Law of the Sea, the 1954 International Convention for the Prevention of Marine Pollution by Oil, the 1972 London Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, the 1973 London Convention on the Prevention of Marine Pollution from Ships, 1973 and the 1978 Protocol to it, the 1959 Antarctic Treaty system, the 1971 Convention on Wetlands of International Importance, the 1992 Convention on the Protection and Use of Transboundary Waterways and International Lakes. In addition, a large number of regional treaties on the protection of the marine environment are in force: the Barcelona Convention of 1976 for the Protection of the Mediterranean Sea from Pollution, the Convention on the Prevention of Pollution of the Rhine by Chemical Substances of 1976, the Kuwait Regional Convention for the Protection of the Marine Environment from Pollution of 1978, the Agreement on Cooperation on the fight against pollution of the North Sea by oil and other harmful substances of 1983, Convention for the Protection of the Marine Environment of the Baltic Sea Area 1992, Bucharest Convention for the Protection of the Black Sea against Pollution 1992, Convention for the Protection of the Marine Environment of the North-East Atlantic Ocean 1992, Kiev 2003 protocol on civil liability and compensation for damage caused by the transboundary impact of industrial accidents on transboundary waters and others.

A number of environmental norms are enshrined in agreements regulating cooperation between states in the field of development space, which also has a great impact on the state of the natural environment. More on these conventions in Chapter 22.

Protecting the environment from radioactive contamination stipulated, in particular, by the 1980 Convention on the Physical Protection of Nuclear Material. In addition, in 1986, the Convention on Early Notification of a Nuclear Accident or Radiological Emergency was adopted, as well as the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency. Even earlier, in 1960 in Paris, the Convention on Civil Liability for Nuclear Damage was adopted, and in 1962 in Brussels - the Convention on the Liability of Operators of Nuclear Ships. Mention should also be made of the 1971 Convention on Civil Liability in the Maritime Transport of Nuclear Materials. Finally, in 1997, the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management was adopted (not yet in force).

Separately, mention should be made of international agreements that are designed to protect the environment from damage associated with military activitiesstates. These include, in particular, the Additional Protocols to the Geneva Conventions of 1949, the Moscow Treaty of 1963 on the Prohibition of Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment. ... The prohibition of military activities harmful to nature is also contained in the 1982 World Charter for Nature and in the 1992 Rio Declaration on Environment and Development.

Some international agreements in the field of environmental protection do not apply to any individual natural objects, since they regulate general issues of environmental safety... Such agreements include, inter alia, the International Convention on Civil Liability for Oil Pollution Damage of 1969 and the 1976 Protocol thereto, the International Convention on the Establishment of an International Fund for the Compensation of Oil Pollution Damage of 1971 and the 1976 Protocol thereto, the Convention for the Protection of the World Cultural and Natural Heritage of 1972, 1991 European Convention on Environmental Impact Assessment in a Transboundary Context, 1992 Framework Convention on Climate Change, 1993 Convention on Civil Liability for Damage Caused to the Environment by Hazardous Substances, 1993 Access Convention to information, public participation in decision-making and access to justice in environmental matters 1998, the 1998 Convention on the Transboundary Effects of Industrial Accidents, the 2001 Stockholm Convention on Persistent Organic Pollutants, and a number of human rights instruments eka, securing the right of everyone to a healthy environment.

Concerning bilateral and regional agreements, then in most cases they regulate the joint use of international and transboundary rivers and basins, the protection of local flora and fauna, quarantine measures, etc. For example, in 1992 Kazakhstan and Russia signed an agreement on the joint use of water bodies. Kazakhstan has similar agreements with the states of Central Asia. On March 27, 1995 in Washington, an Agreement was signed between the Government of the Republic of Kazakhstan and the Government of the United States on cooperation in the field of environmental protection and natural resources. Within the framework of the CIS in 1992, an Agreement on Interaction in the Field of Ecology and Protection of the Environment and Natural Environment and a Protocol on the obligations, rights and responsibilities of the parties to the Agreement were adopted. Similar agreements are in force in other regions, for example, the 1968 African Convention on the Conservation of Nature and Natural Resources.

An important feature of international environmental law is the presence of a large number of recommendatory acts: declarations, resolutions and decisions of international organizations (the so-called “soft law”). Without binding legal force, these international documents formulate general principles and development strategy for this branch of international law. The positive value of the recommendatory acts is that they reflect the most desirable model of behavior of states in the field of environmental protection and indicate the standards that the world community should meet in the future. In a sense, “soft law” objectively outstrips the current capabilities of states in this area.

The most authoritative acts of a recommendatory nature in the field of international legal protection of the environment are the 1982 World Charter for Nature (approved by the 37th session of the UN General Assembly), the 1972 UN Stockholm Declaration on the Environment and a number of documents adopted in 1992 at the UN Conference on Environment and Development in Rio de Janeiro.

The 1972 Declaration for the first time consolidated the system of principles of international cooperation in environmental protection, at the universal level determined the approaches to solving environmental problems by the subjects of international law. Subsequently, the provisions of the Declaration were confirmed in international agreements and in the practice of international cooperation. For example, the 1979 preamble to the 1979 Convention on Long-range Transboundary Air Pollution explicitly mentions one of the principles of the 1972 Declaration.

An important result of the 1972 Stockholm conference (the USSR did not take part in it) was the creation in more than a hundred states of special government structures - ministries for environmental protection. These bodies were supposed to monitor the implementation of the decisions adopted at the Conference.

The need to solve environmental problems and the importance of efforts in this area are confirmed in such an authoritative act as 1990 Charter of Paris for a New Europe... The charter emphasizes the paramount importance of introducing clean and low-waste technologies, the important role of wide public awareness of environmental issues, and the need for appropriate legislative and administrative measures.

1992 UN Conference on Environment and Development, which took place in Rio de Janeiro ("Earth Summit"), marked a qualitatively new stage in the development of international environmental law. For the first time at the global level, the idea of \u200b\u200bthe unity of sustainable economic growth and environmental protection was formulated. In other words, the Conference strongly rejected the possibility of social and economic progress without addressing the main ecological systems of our time. At the same time, international cooperation in the field of environmental protection should be carried out taking into account a differentiated approach to the needs of certain categories of countries.

The Conference adopted Declaration of Principlesaimed at achieving sustainable development. Of the 27 principles formulated in the Declaration, a number are directly related to environmental protection: the principle of differentiated responsibility, the principle of precaution, the principle of environmental impact assessment, the “polluter pays” principle and others. Other provisions enshrined in the Declaration include the following:

The right to development must be respected in a way that adequately meets the development and environmental needs of present and future generations;

Potentially hazardous activities are subject to preliminary environmental impact assessment and must be approved by the competent national authorities of the relevant state;

The environment and natural resources of peoples living under conditions of oppression, domination and occupation should be protected;

In the event of an armed conflict, states must respect international law while protecting the environment;

Peace, development and environmental protection are interdependent and inseparable.

The Conference participants adopted a Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests, as well as two conventions: the Framework Convention on Climate Change and the Convention on Biological Diversity.

The main outcome document of the Conference, Agenda 21, points to the need for global cooperation in the field of environmental protection to achieve sustainable development. Of the four sections of the agenda, the second is fully devoted to environmental problems - the conservation and rational use of resources for development, including the protection of the atmosphere, forests, rare species of flora and fauna, the fight against drought and desertification.

The UN General Assembly in September 2000 approved United Nations Millennium DeclarationSection IV of which is entitled "Safeguarding Our Common Environment". The Declaration notes the need for the end of the initial form to spare no effort in ridding all mankind of the threat of living on a planet that will be hopelessly spoiled by human activities and whose resources will no longer be sufficient to meet their needs. The General Assembly reaffirmed its support for the principles of sustainable development, including those set out in Agenda 21 agreed at the 1992 United Nations Conference on Environment and Development. The main idea of \u200b\u200bthis section of the Declaration is the implementation of environmental activities based on the new ethics of careful and responsible attitude to nature. The UN has declared the following as the top priorities:

Make every effort to ensure the entry into force of the Kyoto Protocol and to begin to reduce greenhouse gas emissions as envisaged by it;

To intensify collective efforts for forest management, conservation of all types of forests and sustainable development of forestry;

Seek full implementation of the Convention on Biological Diversity and the Convention to Combat Desertification in Countries Experiencing Serious Drought or Desertification, especially in Africa;

Stop unsustainable water exploitation by developing water management strategies at regional, national and local levels that promote equitable access to water and its sufficient supply;

To intensify cooperation in order to reduce the number and consequences of natural and man-made disasters;

Provide free access to information about the human genome.

In May 2001, the ministers for the environment of the member states of the Organization for Economic Cooperation and Development (OECD) adopted the "OECD Environmental Strategy for the Second Decade of the 21st Century". The significance of this document is determined by the fact that the OECD includes the most developed states of the planet, whose activities largely determine the ecological situation on the planet. The strategy identifies 17 most important environmental problems of our time and contains a list of 71 (!) Obligations of the member states that will fulfill them at the national level.

In September 2002, Johannesburg hosted World Summit on Sustainable Development, where it was stated that environmental problems are not only not decreasing, but on the contrary, are becoming more and more urgent. In fact, for hundreds of millions of people, environmental problems and the need to solve them are already a factor in physical survival. The representativeness of the summit can be judged by the fact that the leaders of more than 100 states (including the President of Kazakhstan N. Nazarbayev) took part in its work, and the total number of forum participants exceeded 10,000 people.

In general, it can be stated that today the international legal protection of the environment is developing in line with the ideas and principles enshrined in the final documents of the 1992 UN Conference on Environment and Development. At the same time, the doctrine of international law rightly emphasizes the need for codification of documents in force in this area 1. The creation of an appropriate single convention would serve the progressive development of international environmental law. The first step in this direction can be considered the draft International Charter on Environment and Development, approved in 1995 by the United Nations Congress on Public International Law.

The environmental legislation of individual states is of certain importance for the regulation of international relations. In particular, environmental standards governing the activities of various subjects of international law in territories with mixed and other regimes (in the exclusive economic zone, territorial sea, airspace, on the continental shelf, international channels, etc.) are established by national legislative acts. All states are obliged to respect the relevant rules, and the state that issued them, after due publication, has the right to demand their observance and bring those responsible to justice.

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel, Switzerland, 1989). Participants - 71 states (RF since 1990) and the EEC.
Key provisions: a ban on the export and import of hazardous waste, coordination of actions of government organizations, industrial enterprises, scientific institutions, etc., the creation of national competent authorities, the introduction of a system of written notifications for the right to transboundary transfer of hazardous and other wastes.

Vienna Convention for the Protection of the Ozone Layer (Vienna, Austria, 1985). Participants - 120 states (RF since 1988) and the EEC.
Key points: cooperation in the field of research of substances and processes that affect changes in the ozone layer; creation of alternative substances and technologies; monitoring the state of the ozone layer; cooperation in the development and application of measures to control activities that lead to adverse effects in the ozone layer; exchange of scientific, technical, socio-economic, commercial and legal information; cooperation in the development and transfer of technologies and scientific knowledge.

Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, France, 1972). Participants - 124 states (RF since 1988).
Key provisions: responsibility for identifying, protecting, protecting and transmitting to future generations of cultural and natural heritage; inclusion of heritage protection in development programs, creation of services, development of scientific and technical research, taking the necessary measures for legal, scientific, administrative and financial protection of heritage; support in conducting research, training personnel, providing equipment; provision of loans and subsidies.

UN Convention on the Law of the Sea (Montego Bay, Jamaica, 1982). Participants - 157 states and the EEC.
Basic provisions: determination of the boundaries of the territorial maritime and adjacent zones; the use of the straits for international shipping; determination of the boundaries of the exclusive economic zone; development of the continental shelf; prevention, reduction and control of marine pollution; scientific research.

Convention on Long-range Transboundary Air Pollution (Geneva, Switzerland, 1979). Participants are 33 states (RF since 1983) and the EEC.
Key points: exchange of information, advice, research and monitoring results, policy and strategic decisions; cooperation in scientific research.

Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, Finland, 1991). Participants - 27 states and the EEC.
Key provisions: adoption of strategic, legal and administrative measures to control negative impact; introduction of a negative impact notification system; conducting research to improve methods for assessing environmental impact.

International Convention for the Regulation of Whaling (Washington, USA, 1946). Participants - 44 states (RF since 1948).
Key provisions: creation of an international commission for whaling; scientific research, collection and analysis of statistical data, assessment and distribution of information on whale fisheries and stocks; adoption of rules governing the protection and use of stocks.

United Nations Framework Convention on Climate Change (New York, USA, 1992). Participants - 59 states (RF since 1994).
Key provisions: protection of the climate formation system, compilation of national lists of emissions and measures to eliminate them; development and implementation of programs to control climate change; cooperation in the creation and development of networks and research programs on climate change; adoption of a financial mechanism for the implementation of the Convention.

Ramsar Convention on Wetlands of International Importance, Mainly for Waterfowl Habitat (Ramsar, Iran, 1971). Participants -61 states (RF since 1977).
Key provisions: identification of national sites for inclusion in the list of wetlands of international importance; defining international responsibility for the protection, management and rational use of migratory waterfowl resources; establishment of protected wetlands, exchange of information, training of staff in wetland management; collection and dissemination of information.

CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, USA, 1973). Participants - 119 states.
Key provisions: implementation of licensing of trade operations; research of the state of populations of protected species; creation of a network of national control authorities; interaction of law enforcement agencies, customs services, non-governmental organizations and individuals; control over the implementation of the Convention, classification of species, development of procedural rules.

Polar Bear Conservation Agreement (Oslo, Norway, 1973). Participants - 5 states (RF since 1976).
Key provisions: a ban on polar bear hunting, except for scientific and protective purposes; obstacle to disruption of management of other living resources; conservation of Arctic ecosystems; conduct, coordination and exchange of information on resource management and species protection.

Agreement on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, Finland, 1992). Participants - 24 states.
Key provisions: obligations of the participants in relation to prevention, control and reduction of pollution of transboundary waters; observance of the principle of fairness in their use; limiting the spread of pollution; using the polluter pays principle as a pollution prevention measure; research and development cooperation; maintaining a monitoring system.

HELCOM: Convention for the Protection of the Marine Environment of the Baltic Sea Area (Helsinki, Finland, 1974). Participants - 8 states (RF since 1980).
Key provisions: limitation and control over the penetration of hazardous and harmful substances into the region, including pollution from ground sources; prevention of pollution from ships, waste and economic use of the seabed; combating marine pollution; compilation of lists of substances whose use is subject to control; establishment of the Baltic Marine Environment Protection Commission.

The concept of international environmental law

International environmental law is a set of principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources ... In domestic literature, the name is more common "international environmental law". Term "environmental law"seems to be preferable only because of its international use. Researches in this area are known for SV Vinogradov, OS Kolbasov, AS Timoshenko, VA Chichvarin.

In our time, international environmental protection is coming to the fore. The consequences of insufficient attention to the problem can be disastrous. It is not only about the welfare of mankind, but about its survival. It is especially alarming that the degradation of the natural environment may be irreversible. The pollution of ocean waters damages human health and fish stocks. Interregional projects for the construction of dams, dams, canals, drainage of swamps lead to the degradation of the world's farmland, drought and soil erosion in many countries of the world. Hence, malnutrition, hunger, disease. Air pollution is causing more and more tangible damage to human health on our planet. The massive destruction of forests has a negative impact on the climate of the planet and reduces biodiversity and gene pool. Depletion of the ozone layer, which protects against harmful radiation from the Sun, is a serious health threat. Leads to catastrophic changes in the Earth's climate " the greenhouse effect", ie, global warming as a result of growing emissions of carbon dioxide into the atmosphere. The irrational use of mineral and living resources leads to their depletion, which again raises the problem of the survival of mankind. Finally, accidents at enterprises associated with emissions radioactive and poisonous substances into the atmosphere, not to mention the testing of nuclear weapons, cause enormous damage to human health and nature. Suffice it to recall the accident at the Chernobyl nuclear power plant and the American chemical plant in India. Great damage to the environment is caused by armed conflicts, as evidenced by the experience of the wars in Vietnam, Kampuchea, Yugoslavia, the Persian Gulf, in particular, the war in Iraq.

The position of states with regard to international environmental protection is different. In developing countries, environmental problems can call into question the success of the development process, and there is no money to change the situation. In the most developed countries, the existing system of consumption leads to such a depletion of resources not only of their own, but also of other countries, which poses a threat to future development throughout the world. This indicates that international environmental protection concerns all aspects of the development of society and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the international policy of any state. Since the national parts of the environment form a single global system, its protection should become one of the main goals of international cooperation and an integral element of the concept of international security. In a 1991 resolution, the UN General Assembly indicated the importance of peace for nature conservation and noted the inverse relationship - nature conservation contributes to the consolidation of peace by ensuring the correct use of natural resources.

All of the above stimulates the dynamic development of international environmental law. Noteworthy is the particularity of this development, consisting in the large role of the public and the media. Many international acts in the field of international environmental protection are adopted by governments. Grassroots movements in defense of nature, various parties of the "green" are becoming more and more influential.

The position of governments is explained by differences of interest. International environmental protection is very costly. It negatively affects the competitiveness of goods. The measures taken on their territory do not prevent transboundary pollution. For example, Russian factories on the Kola Peninsula are damaging the environment in Norway. In 1996, Russia signed an agreement on Norway's financing of the installation of filters at a metallurgical plant on the Kola Peninsula. In general, the international problem can be solved only on a global scale, and this requires colossal funds.

International environmental law began to take shape as customary law, first of all, this concerns it norms and principles... This is how the basic principle of international environmental law was established - the principle of not causing harm to the nature of another state by actions committed in its own territory ... The most common principle - the principle of environmental protection ... There is a formation the principle of responsibility for harming the nature of another state ... Special note cardinal principle , which was formulated in the 1972 UN Conference on the Human Environment Declaration as follows: "A person has the fundamental right to freedom, equality and proper living conditions, to the environment of such a quality that makes it possible to live with dignity and prosperity."

International environmental law is closely related not only to human rights, but also to other branches of international law. It should be emphasized that protecting the environment is principle also of maritime and space law ... Considerable attention is paid to the protection of workers from the polluted environment by the International Labor Organization; for example, in 1977 it adopted the Convention for the Protection of Workers from Occupational Hazards Associated with Air Pollution, Noise and Vibration.

In the general process of formation of customary norms of international environmental law, an important role belongs to the resolutions of international organizations and conferences, which pave the way for positive law. As an example, I will point to such acts of the UN General Assembly as the 1980 resolution No. "On the Historical Responsibility of States for the Preservation of the Earth's Nature for Present and Future Generations" and the 1982 World Charter of Nature

Treaties are an important source of international environmental law... In recent years, a whole set of universal conventions in this area have been adopted, which also give an idea of \u200b\u200bthe subject of this branch of international law. First of all, it is The 1977 Convention on the Prohibition of Military or Any Other Hostile Effects on the Natural Environment, as well as the 1985 Convention for the Protection of the Ozone Layer, the 1979 Convention on the Conservation of Migratory Species of Wild Animals, the Convention on International Trade in Species of Wild Fauna and Flora, endangered, 1973, UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage of 1972

The leading role in the development of international environmental law belongs to international organizations. A special place is occupied by the UN. The principled resolutions of the General Assembly have already been noted. The Economic and Social Council is constantly engaged in environmental issues, an important role belongs to other organizations of the UN system, as well as its regional commissions. In their field, they develop standards and principles for environmental protection United Nations Industrial Development Organization (UNIDO), UNESCO, International Atomic Energy Agency (IAEA), World Health Organization (WHO), Food and Agriculture Organization (FAO). There is a special UN Environment Program (UNEP ), which is practically an international organization, although legally it is a subsidiary body created by a resolution of the General Assembly. UNEP has a primary role to play in promoting the development of international environmental law. Within its framework, the foundations of this law are being developed, and the preparation of conventions is initiated.

Regional organizations play a significant role. Protecting the environment is one of the main tasks OSCE. Within its framework, a number of convention acts and a number of decisions in this area have been adopted.

Cooperation within the CIS is to play a significant role in protecting the environment. This task is set by the CIS Charter and confirmed by many other acts. The 1996 agreement between Belarus, Kazakhstan, Kyrgyzstan and Russia obliges to increase "cooperation in the field of environmental protection, including the development and adoption of uniform environmental safety standards" . The parties "take joint measures to prevent and eliminate the consequences of accidents, natural disasters, nuclear and environmental disasters" (Article 9). The above provisions give an idea of \u200b\u200bhow the principle of environmental protection is understood in the relations of the CIS countries.

In the implementation of the principle, in 1992 the CIS countries concluded Agreement on cooperation in the field of ecology and environmental protection. On the basis of the Agreement, the Interstate Ecological Council was established, and under it the Interstate Ecological Fund. The task of the Council is to coordinate cooperation between states in the field of nature protection, to prepare the relevant regulations. The Foundation is called to finance interstate programs, assistance in the elimination of environmental emergencies, as well as design and research work in the field of environmental protection.

Protection of various types of environment

Marine wednesday one of the first to become an object of protection. The relevant provisions are contained in the general conventions on the law of the sea. Particular attention is paid to combating oil pollution. The first environmental universal convention is devoted to this problem - 1954 London Convention for the Prevention of Pollution of the Sea by Oil She banned the discharge of oil and oil-water mixture from ships: After a number of accidents with tankers, new conventions are adopted. Brussels Convention on Intervention on the High Seas in Cases of Accidents Leading to Oil Pollution 1969 ., gave the coastal states very broad powers, including the right to destroy the ship and cargo in the event of a threat of serious pollution of the coast and coastal waters. The Convention paved the way for combating marine pollution and other substances in similar cases (Protocol 1973).

Naturally, the question of compensation for damage caused by oil pollution arose. It refers to Brussels Convention on Civil Liability for Oil Pollution Damage 1969 It established the absolute, that is, not depending on guilt, responsibility of the shipowners, at the same time limited its size, however, with a rather high ceiling. Combating the consequences of oil pollution requires joint action by states. The organization of such actions is dedicated Convention on Oil Pollution Preparedness, Control and Cooperation 1990

The prohibition of all operational discharges from ships is contained in Convention for the Prevention of Pollution from Ships, 1973 Dumping of environmentally harmful substances into the sea is devoted to Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972

Agreements have been concluded at the regional level as well. So, 1992 Convention on the Protection of the Black Sea against Pollution concerns issues of land-based sources of pollution, burial, cooperation in the fight against pollution by oil and other harmful substances in emergency conditions.

The Baltic Sea also occupies a special position. It was categorized as "special areas" Convention for the Prevention of Marine Pollution from Ships, 1973 Such areas are subject to increased pollution prevention requirements. In 1974 the Baltic countries concluded Hel-Sink Convention for the Protection of the Marine Environment of the Baltic Sea Area ... Its feature is the prohibition of sea pollution from land. On the basis of the Convention, a Commission for the Protection of the Marine Environment of the Baltic Sea was established. However, it soon became clear that the provisions of the Convention were insufficient, and in 1992 a new Convention for the Protection of the Marine Environment of the Baltic Sea was adopted, establishing more stringent requirements. I would like to emphasize that its action extends to a certain part of the internal waters, the limits of such distribution are determined by each state.

The waters of rivers and lakes have such significant differences that the development of a general convention turned out to be impossible. Even prepared by the Council of Europe in 1974 regional convention did not collect the required number of ratifications. Separate provisions on the prevention of river pollution are contained in agreements on other issues. The aforementioned Baltic Sea Convention also affects the rivers flowing into it. But in most cases, the issues of protection are resolved by agreements between the coastal states, although not yet satisfactory. As a positive example, we can refer to the norms and organizational forms of protection of the Rhine waters. In 1963 it was signed Berne Convention for the Protection of the Rhine Against Pollution. For its implementation, a Commission was established, which prepared in 1976 Convention for the Protection of the Rhine against Chemical Pollution and the other on protection against chlorides.

In connection with the growing consumption of fresh water and the limited resources of its resources, the issue of the protection of freshwater basins is of exceptional importance. As a result, new aspects of international environmental law appear. Responding to the demands of life, the UN International Law Commission prepared and submitted to the General Assembly draft articles on the law of the non-navigational use of international watercourses.

A watercourse is understood as a system of not only surface, but also groundwater, forming a single whole and usually flowing to one outlet. Watercourses are international, parts of which are located in different states. The regime of such watercourses is determined by the agreement of the states with whose territory they are connected. Each such state has the right to participate in the agreement.

States are obliged to use watercourses in such a way as to provide them with the necessary protection. They are obliged to participate in the protection of watercourses on an equitable basis, to cooperate to achieve this goal.

Air environment , as already noted, is the common property of mankind. Despite this, its protection is not reflected in any way in international environmental law. The issue is being resolved at the bilateral and regional levels. Perhaps the only significant step in this area is the 1979 Convention on Long-Range Transboundary Air Pollution, subsequently supplemented by a number of protocols. Particular attention is paid to reducing sulfur emissions into the atmosphere, which generate acid rain, which are transported over long distances and cause harm to all living things on the planet.

An important direction in the protection of nature is cooperation in counteracting the growth of the greenhouse effect, i.e., global warming as a result of saturation of the atmosphere with carbon dioxide, the main source of which is road transport. The consequences of this effect may turn out to be catastrophic in the coming decades. On the one hand, new vast deserts will appear, and on the other, the rise in sea level will lead to the inundation of large spaces developed by man. In 1992 it was adopted UN Framework Convention about climate change. She determined the general provisions and main directions of cooperation. The general responsibility of states has been established, but differences in economic potential must be taken into account. Particular attention should be paid to the interests of developing countries that are most vulnerable to negative climate change, and on the other hand, have the least opportunities to resist this.

Ozone layer protects the Earth from the harmful effects of ultraviolet radiation from the Sun. Under the influence of human activity, it was significantly depleted, over some areas appeared "ozone holes". In 1985 was adopted Convention for the Protection of the Ozone Layer. It deals with monitoring his condition and cooperation to protect him. In 1987 appeared Montreal Protocol on Substances that Deplete the Ozone Layer. Restrictions are imposed on the production of substances that negatively affect this layer.

Radioactivity as a result of the peaceful and military use of nuclear energy has become a serious threat to life on Earth. An important step in reducing it was Moscow Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water 1963 The IAEA sets safety standards for the use of nuclear energy in the national economy, including the safety of workers associated with it. Was prepared 1980 Convention on the Physical Protection of Nuclear Material The Convention contains provisions that allow any state to hold foreigners criminally responsible for the relevant crimes, regardless of the place of their commission.

Europe operates European Atomic Energy Agency ... The main standards in this area are established by the Treaty establishing the European Atomic Energy Community (EUROATOM).

Fauna and flora protection

1972 UN Stockholm Conference on the Human Environment endorsed the principle that the natural resources of the Earth, including air, water, surface, flora and fauna, should be protected for the benefit of present and future generations through careful planning and management where necessary.

The overall strategy was developed by a non-governmental organization - the International Union for the Conservation of Nature and Natural Resources - and published in 1982 as a Program of Action "World Conservation Strategy". In the process of preparing the document, numerous consultations were held with governments and international organizations. The aim of the strategy is to contribute to the achievement of sustainable development as a result of the conservation of living resources by proposing to governments effective methods of managing these resources. The strategy is aimed at supporting important ecological processes and self-preservation of systems, such as restoration and protection of soil, processing of nutrients, water purification, conservation of biological diversity. Many vital processes depend on all this. The task is to ensure the supportive use of certain species of animals and vegetation, as well as ecosystems.

Achieving these goals should be as fast as possible. The ability of the Earth to provide for its population is constantly diminishing. Many millions of tons of soil are lost every year as a result of deforestation and misuse. At least 3 thousand square meters per year. km of agricultural land is being phased out only in industrialized countries as a result of the construction of buildings and roads.

As one of the important means of realizing its goals, the strategy points to a radical improvement of the legislation on natural resources. It is necessary to create a more effective and wide-ranging national environmental law, along with the intensification of the development of international environmental law. The survival of all the diversity of nature, including humans, can be ensured only under the condition that the policy of states will be built with the understanding of the fact that all elements of nature are interconnected, interdependent, that the environment is a single global system.

World Charter for Nature , was approved and solemnly proclaimed by the General Assembly in 1982. According to the Charter, living resources should not be used in excess of their recovery capacity; soil productivity should be maintained and increased; resources, including water, should be processed and used again as far as possible; non-renewable resources should be used with maximum limitation.

Among the conventions dedicated to flora and fauna, I will name in the first place 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage designed to ensure cooperation in the protection of natural complexes of particular importance, habitats of endangered species of animals and plants. Devoted to the protection of the plant world 1983 Tropical Rainforest Agreement Overall value is Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 ., which determined the basis for the control of such a trade.

Most of the conventions are aimed at protecting various representatives of the animal world - whales, seals, polar bears. I will especially note 1992 Convention on Biological Diversity , the name of which gives an idea of \u200b\u200bits content. It is also important 1979 Convention on the Conservation of Migratory Species of Wild Animals

All of the above gives an idea of \u200b\u200bthe colossal importance of environmental protection and the urgency of decisive measures based on broad cooperation between states. This determines the role of international environmental law, which is still lagging behind the needs of life.

International protection of natural resources. Western practice.

What is more expensive, a small fish or a large dam?

In the rapids of the Little Tennessee River, a small inconspicuous fish lives - snail darter Discovered for the first time in 1973, this member of the perch family is found only here.

The same year the snail dart was discovered, the US Congress passed the Endangered Species Conservation Act. Number endangered species so small that in the near future they can be completely wiped off the face of the earth. The law, in particular, states that the actions of the federal government should not threaten the existence of species listed in the "Red Book" and species that are about to get there; these government agencies should also prevent the destruction or alteration of habitats for species that have reached critical levels.

In 1966, seven years before people first learned about the existence of the snail dart, the US Congress authorized the construction of a dam on the river. Telliko, which should have been conducted under the leadership of the Office for the Basin of the r. Tennessee, as well as reservoirs on the Little Tennessee River. Until the discovery of dar-ter, the construction of the dam was half completed. By 1975, when the darter was registered as an endangered species and included in the Red Book, the construction of the dam was already three-quarters complete.

But darters do not breed in stagnant water of reservoirs; they need running water to breed. Thus, the completion of the dam, the cost of which was estimated at $ 116 million, threatened to destroy the spawning grounds of the open new species, which would immediately lead to the death of the entire population of darters and violation of the law on the conservation of endangered species. A number of environmental groups opened a case to stop construction, which eventually went to the Supreme Court. In 1978, when the dam was already 90% complete, the Supreme Court ruled that the construction project did indeed violate the adopted environmental law and therefore must either be canceled or changed. But were members of Congress really concerned about saving the small population of small fish (these darters are 7.5 cm long) when they passed this law? As Holden (1977) noted, “There is no doubt that many members of Congress voted to pass this law, driven by genuine concern for cute creatures with dark eyes or winged creatures soaring high in the sky, but they ended up in front of a Pandora's box, which hides countless crawling creatures. whose existence they never even suspected. "

The discussions around the little fish forced the Tennessee River Basin Administration to reconsider plans to build a dam on the river. Little Tennessee, which is one of the few remaining rivers in the region with clear, cold water, teeming with fish. These discussions also prompted the US Congress to amend the Endangered Species Conservation Act, under which even the smallest fish would feel protected from the threat of the grand construction project. (NYT Pictures).

What is the value of any kind? Why should we strive to save them from the threat of extinction? Do we have the right to decide which species deserve salvation and which do not? According to scientists, at present, from 5 to 10 million species live on Earth, however, to date, ecologists have discovered and described only from 1 to 1.5 million species. Meanwhile, the discovery of new species is increasingly turning into a rapid race, with endangered species competing. In prehistoric times, approximately one species became extinct for every thousand years. Today, we lose one species each year. Over the next 20 years, about a million species may disappear, most of which live in tropical rainforests.

Wildlife is an inexhaustible source of resources

Even such highly developed countries as the United States cannot do without the gifts of wildlife (fuel, fish, nuts, berries, wood used as fuel, etc.). Annual production of wild-derived animal and plant products in the United States is estimated at $ 2.8 billion. The use of wood for heating homes in the seventies increased by 50%. In Vermont, for example, more than half of homes are currently heated primarily with wood.

In developing countries, the importance of natural resources as food and fuel products is even higher. Ten percent of the total animal protein consumed worldwide comes from fish. In many developing countries, firewood is used exclusively for heating and cooking.

Ecosystem "household services"

In addition to the benefits that nature provides us in the form of food and fuel and which are easy to quantify, wild animals and plants provide us with a number of services that, figuratively speaking, can be attributed to the ecosystem "service of life". Plants release oxygen that humans and animals breathe. Further, plants and microorganisms purify water and air from pollutants, participate in the cycle of nutrients, and soften the climate. While some of these “services” can be provided by technological processes (removal of phosphates from wastewater can be carried out at wastewater treatment plants, although it is more expensive), others are practically irreproducible.

The practical importance of wild animals and plants for medicine, agriculture and industry.

Extinct species are opportunities lost forever. Wild animals and plants are a source of medicines, food and serious materials used in industry. 25% of medicinal preparations widespread in the USA today contain herbal extracts that cannot be obtained synthetically. These include tranquilizing drugs such as reserpine, various antibiotics, pain relievers, and drugs used to treat heart disease and to lower blood pressure. Vincristine, obtained from the tropical periwinkle, has been successfully used in the treatment of Hodgkin's disease, a disease that kills 5,000-7,000 Americans every year. Meanwhile, at present, only 5 thousand plant species have been studied for obtaining medicinal products. According to scientists, 5 thousand more medicinal plants can be found among 500 thousand species growing on our planet.

Agronomists have discovered beneficial qualities in many organisms. For example, biological control methods occupy an important place in agriculture, including the use of some types of organisms to protect crops from the harmful effects of others. In particular, some species of wasps successfully protect sugarcane plantations from moth Diatraea saccharalis. In addition, in modern agriculture, the practice of crossing various plant species is widely used in order to obtain hybrids characterized by high productivity. Genetic engineering today is only at the beginning of its development, but it is already clear that in the future it will be possible to transfer the desired genes that control traits useful for humans from one plant to another. As an example, we can name such properties as resistance to various diseases, drought, insect pests, as well as medicinal properties and high protein content. A decline in the number of diverse species on earth means a reduction in the genetic stock of wildlife. Every time we allow the extinction of any species of animal or plant, we risk permanently losing either a useful organism or a useful gene.

Many plants release chemicals that are natural insecticides (that kill insects) or herbicides (that kill weeds). Others serve as a source of waxes, lubricating oils, resins, aroma oils and dyes. The list goes on and on. Meanwhile, this is only what has already been found in useful plants and animals. Many substances useful for agriculture, medicine and industry are still awaiting discovery.

Biological species as elements of biocenoses

The disappearance of a species or group of species can lead to far-reaching consequences for the community in which this species lives. Complex food webs are typical for the temperate and tropical zones, but since only a relatively small number of these webs have been studied sufficiently fully, we are not able to predict all the consequences that will occur when any species of animal or plant disappears. Many rare species of insects, snails, birds either feed only on a certain type of plant, or use only certain species of them for the construction of their homes. Therefore, the disappearance of this type of plant means, in essence, the death of an animal dependent on it. Otherwise, a predator may disappear, which normally regulates the number of a pest. Then there will be a sharp explosion in the number of the pest, as happened, for example, in those areas where DDT was widely used. "Spraying with DDT led to the destruction of all ladybirds feeding on spider mites, as a result of which spider mites resistant to DDT began to multiply intensively. Xia, causing enormous damage to agriculture.

The desire of humans to destroy wolves is partly due to the fact that the role of this predator in food webs is not yet fully understood. Wolves destroy other animals, such as deer, on which they eat, while killing, as a rule, the weakest sick and old individuals. Thus, they contribute to the health of the reindeer herd and maintain its numbers at a level that corresponds to the available food resources. People, however, hunting deer, not only reduce the number of animals that the wolf feeds on, but at the same time always choose the most complete individuals, thereby worsening the quality of the herd.

Concern about the extinction of plant species has grown at a much slower pace than about endangered animal species, although both are so closely interconnected that they can only be preserved together. There are many examples when the number of some animals reached a critical level, since the plants that served them as food or shelter practically disappeared. According to Peter Raven, an employee of the Missouri Botanical Gardens, for every extinct plant species, there are 10 to 30 species of insects, higher animals, and other plants that are in danger of extinction. So, the red-headed woodpecker is threatened with extinction due to the fact that it nests on the dried trunks of marsh and Australian pines. However, in many areas there are practically no old trees left; they are being replaced by young seedlings, which are grown to obtain cellulose. The ripening of the bog pine, in turn, depends on the presence of a grass cover from the triacle Aristida stricta,The sea otter, or sea otter, was almost completely exterminated in the 18th and 19th centuries. because of the valuable fur. The sea otter population is now recovering, in part thanks to special laws such as the Marine Mammal Protection Act. And now they are trying to take revenge, if not from humans, then at least from species that are very valuable and useful to us, namely the abalone, Pacific lobster and crab. Several individuals, discovered near Monterey, California in 1938, gave rise to a huge herd, now numbering up to 2,000 heads. This herd spread for 240 km along the coast. Unfortunately, this same stretch of coastline has been favored by numerous edible shellfish such as abalone, which sell for $ 8-10 a pound on the market. The anglers supplying these shellfish for sale are demanding that sea otters be limited to prevent further destruction of the lucrative fishing industry. However, ecological studies have shown that kapans are vital members of the coastal community. By feeding on species of marine invertebrates such as sea urchins, kapans protect thickets of seaweed, especially brown algae, from over-eating. Brown algae form the basis of food webs, which include species such as the common seal and the bald eagle. (Dr. Daniel Costa, Joseph M. Long Marine Laboratory, University of California, Santa Cruz)

The value of the species

The need to preserve the entire variety of species existing on Earth arises not only from practical, but also from general philosophical considerations. We lose any extinct species irretrievably. Not having done everything in our power to prevent these losses, we make a choice not only for ourselves, but also for our descendants. This means that future generations of people will not see those animals and plants that we see; the nature that surrounds them will not be as rich and varied as the one that surrounds us. However, this is not a matter of just aesthetic pleasure; it should be borne in mind that human evolution proceeded in the conditions of the enormous diversity of the surrounding nature, and it is possible that this diversity is an indispensable condition for the preservation of his mental health.

So far, we have looked at species in terms of their usefulness to humans. On this occasion, Henry Beston (Henry Beston, 1928) wrote: “Being far from pristine nature, living a complex unnatural life, a civilized person sees everything in a distorted light, he sees a log in a speck, and approaches other living beings from his own limited knowledge. We look at them condescendingly, demonstrating our pity for these "underdeveloped" creatures, who are destined to stand far below the level on which a person stands. But this attitude is the fruit of the deepest delusion. Animals cannot be approached with human standards. Living in a more ancient and perfect world than ours, these creatures have such developed feelings that we have long lost or have never possessed them, the voices that they hear are inaccessible to our ears. We are not their elder brothers, and they are not despicable creatures; it's just a completely different world, the existence of which coincided in time with ours, they are the same captives of this beautiful and cruel life. "

Endangered Species and Human Health

Once upon a time, the idea of \u200b\u200busing animals in scientific research met with opposition, mainly because it was perceived as an example of cruelty to animals that are being hurt. Scientists had to work hard "to convince the public that animals in an experiment never experience pain."

Nowadays, however, new ethical issues have arisen. One of them is whether experimental animals are kept in conditions that correspond to their social and behavioral characteristics? For example, animals such as chimpanzees, which normally live in groups, should not be kept in an isolated cage, because this would be a manifestation of cruelty towards the animal.

Further delving into the problem poses us with another question: is it even legitimate to use animals in experiments, the number of which continues to decrease, even if we assume that humanity will greatly benefit from this. N. Wade (1978) writes in this regard: “... Continued production of the [hepatitis] vaccine could well lead to a fatal conflict between human interests and the existence of chimpanzees. Chimpanzees are the only animals in the world, with the exception of humans, on which the effect of a vaccine can be tested ... If a ban is imposed on its use - chimpanzees in experiments have already ranked this species as endangered - testing the safety of the vaccine and its production will become impossible. Meanwhile, even in developed countries, where cases of hepatitis are relatively rare, people continue to pay a fatal tribute to the disease. In 1976, 15,000 cases of hepatitis were reported in the United States. However, according to the Center for Infectious Disease Control, the actual figure reaches 150 thousand, of which 1500 cases were fatal ... ... Officials are trying to convince everyone that the capture of chimpanzees is done only in humane ways. “The capture method usually involves several people locating a group of chimpanzees, surrounding them, and then chasing them. Since young individuals usually get tired faster, they are simply taken with their hands "- this is the version of the capture of chimpanzees, presented by the representative of the firm "Merck" to the Federal Office for the issuance of licenses for the capture of wild animals ... "

“... It is absolutely impossible if you do not have a large network,” writes Jane Goodall. “This is fantastic ... Under natural conditions, no human can cope with wild chimpanzees, they are not at all inclined to huddle together ... I can just say that someone really wants to hide what, in fact, inhumane methods are used to catch chimpanzees, and they are like that, first they shoot at the mother. and then they take the cub. This is the standard method used in Africa. " ... F. Orlans (1978) adds:

“... It is necessary to find a way to resolve this conflict so that it does not turn out to be fatal for the chimpanzees. In the past, the development of an alternative method of vaccine production (in particular, against polio) has helped save the lives of many animals. Today, ethical norms demanding the prohibition of inhuman methods of extermination of chimpanzees (according to Wade, "to catch chimpanzees, first kill the mother") and the preservation of this endangered species of animals are ignored. "

Do you think that purely human needs should prevail over the need to preserve endangered animal species? The first thing that immediately comes to mind when it comes to factors that threaten the existence of a species is hunting. Indeed, hunting has made its fatal contribution to the extinction of a number of animal species, especially vertebrates. However, some well-regulated wildlife populations are not necessarily harmed by hunting; in fact, it can even be useful, especially in cases where the population size threatens to significantly exceed the optimal level for a given habitat. But uncontrolled hunting still contributes to the extinction of the species. Bison hunting on the American prairie set this species up by the early 19th century. to the brink of extinction. Hunting in this case has become simply a sport; its goal was often reduced to catching the head of a bison, which was placed in the hunter's house as a trophy. In Africa, hunting for many species of large animals is limited or completely prohibited in order to preserve these species not only in zoos, but also in nature.

Habitat destruction

However, hunting is not the main danger that threatens animals. Most species are under the threat of loss of natural habitats: the territories in which they live, reproduce, find food and shelter for themselves. With the growth of the population, a person needs more and more housing, roads, shopping centers; therefore, man cuts down forests, drains swamps, estuaries and bays, develops new deposits of minerals, bringing barren rocks to the surface of the earth. All this leads to a reduction in land and food resources available to various species of animals and plants. In other words, man expands his habitat at the cost of reducing the habitat of other creatures.

In some cases, habitat destruction of wild species occurs as a result of special measures, such as burning or flooding of sites, in order to attract even more animals that are subject to hunting. As a result, the number of such animals as elk, pronghorn antelope, white-tailed and black-tailed deer is increasing significantly. At the same time, these habitats are becoming unsuitable for many other non-commercial species.

Many endangered plant species are a living link connecting modernity with those ancient times when these species flourished on our planet. Now, some of them have survived in specific niches along the river banks, in swamps and hollows, as well as in wastelands. Others are on inaccessible mountain slopes, in valleys between ridges or in areas where glaciers never reach. Such plants are very rare, since they are adapted to exist only in the specific environment that they currently occupy. They can survive only if their habitats are protected.

The death of tropical forests

Almost all types of habitats are being destroyed, but this problem is most acute in tropical rainforests. Every year, forests are cut down or otherwise exposed to forests in an area approximately equal to that of the entire UK. If the existing rates of destruction of these forests are maintained, practically nothing will remain of them in 20-30 years. Meanwhile, according to experts, two thirds of the 5-10 million species of living organisms that inhabit our planet are found in the tropics, especially in tropical forests.

Excessive population growth is most often cited as the main cause of the death of most tropical forests. This latter circumstance in developing countries leads to an increase in the procurement of firewood for heating houses and an expansion of the area for slash farming, practiced by local residents. The essence of this method is that the farmer cuts down a section of the forest and grows a crop in its place for several years. Then, when the soil is depleted, the farmer moves to a new place and again chops down some of the trees. Some experts, however, believe that the accusation was directed to the wrong address, since, in their opinion, the destruction of only 10-20% of forests is associated with the cutting method of land cultivation (Fig. 5.6 and 5.7). Much of the tropical rainforest is being destroyed due to the large-scale development of cattle breeding and the construction of military roads in Brazil, as well as the growing demand for tropical timber exported from Brazil, Africa and Southeast Asia (see section “ Global Perspectives ”after this part).

Pesticides and air pollution

A large number of habitats, which in many respects have remained intact, have been poisoned by acid rain, pesticides, and airborne pollutants. The pine trees that grow on the slopes of the mountains around Los Angeles suffer from the harmful effects of smog that forms over the city. The widespread use of pesticides in agricultural regions threatens the survival of many species. For example, birds of prey such as falcons and hawks are severely affected by DDT. About 20-30 years ago, these birds began to lay eggs with very thin shells, so thin that they cracked even before the chicks were supposed to hatch. Scientists have suggested that this phenomenon is due to exposure to DDT (Grier, 1982). The use of DDT is currently banned in the United States, mainly due to its harmful effects on some species of birds.

As part of a program to combat the spread of plague in the American West, attempts have been made to exterminate coyotes, foxes and wolves using poisoned bait. However, this had a devastating effect on some populations of endangered species, and in particular on the population of the bald eagle, which also did not mind eating bait.

Collection of rare plants

Certain plant species, namely cacti, orchids, and predatory plants, are particularly popular with collectors; these plants were so intensively collected that in nature they almost disappeared. Traders from Texas and Mexico dig up large quantities of cacti and send them to markets for sale to collectors and southeastern residents who use these plants for ornamental gardening. Half of the harvested cacti are sent even further, to Europe and the Far East.

Animals and plants, of course, must change as environmental conditions change. Species that have failed to adapt to new conditions are dying out, and new ones take their place. There are no longer dinosaurs and flying reptiles on Earth, but today such organisms live on it that did not exist in those ancient times. Meanwhile, man is changing everything around him at such a lightning speed that animals and plants do not have enough time for evolution, which would allow them to take the place of the lost species. The harsh truth of life is that a good half of all mammals extinct on Earth have occurred in the last 50 years.

Environmental protection

There are many ways to ensure the protection of wildlife resources. One of them is the adoption of laws that ensure the protection of the species as a whole or increase the viability of individual individuals. In the United States, for example, a law has been passed on the conservation of endangered species. Various species can also be collected in zoos and botanical gardens; seed banks can be created. This allows us to hope that we will have at our disposal all the variety of living organisms on the planet. For many species, however, this latter approach may not be practical. The fact is that some species require special conditions or certain population sizes for reproduction, and this is not always feasible in captivity. The third approach is the alienation of individual areas of nature and the creation of reserves on them, including integral ecosystems. In this case, it is possible to preserve not only those species that are threatened with apparent extinction, but also all species associated with them in a complex food web (see Section "Discussion 5.2").

Conservation of rare endangered species

The first among the laws related to wildlife conservation were laws on the tax on the possession of fishing and hunting equipment, as well as laws requiring special permits for hunting and fishing. The funds received from these taxes were used to purchase land in order to create reserves for endangered species of animals and plants. For these purposes, in the end, millions of dollars were collected (a fact that should be paid attention to those who oppose hunting). A proposal has been made to tax horticultural implements to create a similar plant protection fund.

In 1966, the US Congress passed a law on the conservation of endangered species of mammals and birds, which aims not only to protect wildlife, but also to outline the scope of the problem of extinction of undisturbed nature. The law provided for the compilation of lists of endangered species, indicating the number of remaining individuals, as well as areas of their distribution. In 1973, this law was significantly strengthened as a result of a series of amendments to it. The law noted that its action is limited only to the territory of the United States, therefore, it is unable to protect species that live in other parts of the world. Another category of species was also highlighted: species-candidates for registration in the Red Book. These species are not yet disappearing, but the trend towards their disappearance has already been outlined. And the sooner this trend is noticed, the more chances are to save them. Another important amendment to the law was that a list of endangered plant species was added to the list of endangered animal species. In addition, according to the adopted amendments, the federal authorities were forbidden to implement any projects that threaten the existence of a particular species and its habitat. Despite the fact that this paragraph of the amendment to the law did not cause special comments, during its consideration in Congress it was he who became the basis of the conflict that arose during the construction of the dam on the river. Telliko. In the form in which it was written, the law did not allow comparing the benefits from the implementation of projects with the possible consequences of extinction.

Wildlife resource management practices

There are a number of specific methods for protecting endangered species and ways to increase the abundance and diversity of species of particular interest, such as hunting species. In some cases, animals are simply moved from their natural habitats to regions similar in natural conditions, where they have not been encountered before. This is mainly done with common hunting species, for example, the Canadian geese. Introduced to many regions of the country, the wild turkey now occupies an area much larger than it occupied in colonial times.

If an analysis of the situation shows that a given species cannot survive without outside help even under favorable conditions, then they collect the eggs of animals and hatch them in incubators; sometimes breeding programs are carried out in zoos. Animals raised in this way can be successfully returned to their natural habitat, although this is not possible in all cases. Sea turtles, which, following their instinct, hatch from an egg, immediately run to the water, and later return to their place of birth to lay their eggs, apparently cannot develop the ability to correctly determine the direction to the place where they should lay eggs when they are born in captivity. They swim to dangerous depths, after which they cannot return to a section of the beach convenient for laying eggs. But at the same time, today about half of all natural American cranes have been bred and raised in captivity.

In some cases, efforts to preserve and reproduce rare animals are so successful that it becomes possible to allow limited hunting for them. A hundred years ago, herds of American bison were so huge that you could watch only one herd pass for hours. Fifty years ago, there were only a few hundred of them left. However, in recent years, the number of bison has increased so much that it has become possible to re-allow limited hunting for them.

Reserves and sanctuaries

system of reserves in the usa. At the beginning of the XX century. in the United States, by decision of the Congress, they began to alienate areas of undisturbed nature, or reserves, in order to contribute to the conservation of rare species. Plants are especially well preserved in reserves, which are created in places where protected species grow. A few specimens of plants in a botanical garden are not at all enough to ensure the safety and reproduction of the species. The first piece of land intended to create a reserve of rare and endangered plant species on it was purchased in 1980. These were the Anti-Ohia dunes in California, the original habitat of the rare yellow violets and evening primrose, or primrose. Many species of animals find refuge in wildlife sanctuaries. For example, in the Red Rocks Lake Sanctuary (Montana state), trumpeter swans are abundant. WHAT SIZES THE RESERVES SHOULD BE "." According to MANY experts in the field of nature conservation, reserves should be vast in area and measured in thousands of square kilometers. Smaller reserves may turn out to be insufficient for the survival of some species, and often just those whose numbers have reached the most critical level. For example, large carnivores such as wolves or large cats require huge spaces in order for them to feed themselves and their offspring. In addition, large-area reserves better protect protected species of animals and plants from the adverse effects of boundary factors, for example, humans, and environmental pollutants.

Special studies carried out on the islands make it possible to judge what size parks and reserves should be. It would seem that the number of different species of animals and plants found on it depends on the size of the island. However, studies by ecologists Wilson (1984) and McArthur in the Pacific Islands showed that the doubling of the island's area was not accompanied by the expected doubling of the number of species inhabiting it. In order for the number of different species to double, an area ten times larger than this is required. We mentioned this work because parks and reserves increasingly appear to us as real islands of wilderness in the middle of a sea of \u200b\u200bman-disturbed environment.

According to the law of island biogeography, if 90% of natural habitats are disturbed, and only 10% of the entire territory will be allocated to parks and reserves, then we will be able to preserve no more than half of the original number of species living here. It follows that if we preserve only that part of the Amazon rainforest that is currently occupied by parks and reserves, then two-thirds of the half-million species of animals and plants in these forests will disappear forever from the face of the Earth.

It should be taken into account, however, that it is still not completely clear whether the island theory is fully applicable to parks. However, research currently being conducted in rainforests by ecologists such as Thomas Lovejoy of Wildlife Lovers International suggests that such a comparison is legitimate. Lovejoy gives the example of a 10-hectare nature reserve in which all the bakers, the widespread, pig-like animals, have become extinct. As a result of an unexpected chain reaction, after the bakers, ten species of frogs also disappeared, which needed moist grooves in the ground that bakers made.

Another problem that environmentalists need to solve is the question of how large reserves should be in order to preserve and maintain genetic diversity within specific species. The fact is that as the number of populations of each species decreases, the circle of mating partners is steadily narrowing. And as a result, the genetic similarity between the descendants increases, i.e. the degree of inbreeding increases. This process is unfavorable from the point of view of evolution. A population consisting of closely related individuals containing similar gene sets is more vulnerable to the effects of a modified environment. Since the range, or limits of variability, of traits within such a population is greatly narrowed, the likelihood that its individual individuals will be able to show greater resistance to adverse effects or diseases in comparison with the bulk of organisms is practically reduced to zero. In addition, it is very likely that climate change, outbreaks of infections or competition from a new species can lead to the death of the entire population.

And yet, studies conducted as part of the wildlife breeding program have shown that the mortality of young rare species, such as cheetahs, which are characterized by small genetic variability, is always higher, both in natural conditions and in zoos. This is obviously due to the large number of birth defects caused by inbreeding (mating of closely related individuals). The limited size of the reserve, within which only small populations of species (especially large mammals) can inhabit, inevitably lead to such genetic homogeneity of populations.

Taking all these factors into account, the United Nations Educational, Cultural and Scientific Organization (UNESCO) began to develop a program to create "biosphere" or "ecological" reserves, which would be a network of protected reference areas of the main ecosystems of the globe. Each reserve should be large enough in area to ensure the existence of all types of living organisms living within its boundaries, to protect them from the adverse effects of external factors, to maintain the required level of genetic diversity. Only in this case, the conditions of existence in the reserves will allow animals not only to grow and reproduce successfully, but also to evolve; in addition, the reserves will serve as a kind of a standard of nature, in comparison with which it is possible to determine the degree of human impact on his environment.

In addition to laws prescribing the creation of reserves, more stringent laws are needed to restrict the use of pesticides near protected areas where hunting and game animals or rare species of animals and plants live and breed.

Global economic aspects of conservation of endangered species of animals and plants

International environmental law (MEP) is a set of principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources. In Russian literature, the name "international environmental law" is more common. The term "environmental law" seems to be preferable only because of its international use Vinogradov S.V. International law and protection of atmospheric air. - M .: Nauka, 2007 .-- 174 p ..

The object of the MEP is the relationship of subjects of international law regarding the protection and rational exploitation of the environment for the benefit of present and future generations of people.

The process of formation of the MEP industry has been going on since the 19th century, and has gone through several stages in its development. There are three stages of the formation and development of the MEP: 1839-1948; 1948-1972; 1972-present.

The first stage is linked with the first attempts of "civilized" states to resolve regional and local environmental problems, the second stage - with the beginning of the UN, the third stage marks the holding of global international conferences on this issue S. A. Balashenko, T. I. Makarova International legal protection environment and human rights: textbook. allowance. - Minsk: World Wide Printing, 2006 .-- 99 p ..

The sources of the MEP industry are the norms of international environmental agreements, as well as international customs. The MEP branch is not codified. In the system of sources, the norms of regional international agreements prevail. The most important sources are such acts as the 1992 Convention on Biological Diversity, 1992 Framework Convention on Climate Change, 1985 Convention on the Protection of the Ozone Layer, 1970 Convention on the Conservation of Migratory Species of Wild Animals, etc.

In modern conditions, environmental protection is highlighted. The consequences of insufficient attention to the problem can be catastrophic. It is not only about the welfare of humanity, but about its survival. It is especially alarming that the degradation of the natural environment may be irreversible. Water pollution damages human health and fish stocks. Degradation of farmland has led to drought and soil erosion in many areas. Hence, malnutrition, hunger, disease. Air pollution is causing ever more tangible damage to human health. Massive destruction of forests has a negative impact on the climate and reduces biodiversity, gene pool. A serious threat to health is the depletion of the ozone layer, which protects against harmful radiation from the sun. The "greenhouse effect" leads to catastrophic changes in the Earth's climate. global warming as a result of growing carbon dioxide emissions into the atmosphere. The irrational use of mineral and living resources leads to their depletion, which raises the problem of the survival of mankind. Finally, accidents at enterprises related to radioactive and poisonous substances, nuclear weapons tests, cause enormous damage to human health and nature. Great damage to the environment is caused by armed conflicts, as evidenced by the experience of the wars in Vietnam, Kampuchea, the Persian Gulf, Yugoslavia, etc. Kopylov MN. Introduction to international environmental law / M.N. Kopylov. - Moscow: RUDN, 2007 .-- 167 p.

The position of states in relation to environmental protection is different. The states that emerged as a result of the liquidation of the USSR inherited a difficult legacy as a result of a long neglect of the interests of protecting nature. Large areas have been poisoned and unable to provide normal living conditions. Meanwhile, the resources to remedy the situation are extremely limited.

In developing countries, environmental problems can call into question the success of the development process, and there is no money to change the situation. In the most developed countries, the existing system of consumption leads to such a depletion of resources not only of their own, but also of other countries, which poses a threat to future development throughout the world. This indicates that environmental protection concerns all aspects of the development of society and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the policy of any state. Since the national parts of the environment form a single global system, its protection should become one of the main goals of international cooperation and an integral element of the concept of international security. In a 1981 resolution, the UN General Assembly indicated the importance of peace for nature conservation and noted the inverse relationship - nature conservation contributes to the consolidation of peace, ensuring the correct use of natural resources International law: textbook for universities / otv. ed. G. V. Ignatenko, O. I. Tiunov. - M.: NORMA, 2010 .-- 133 p .. protection of natural resources international

All of the above stimulates the dynamic development of international environmental law. Noteworthy is the feature of this development, consisting in the large role of the public and the media. Many acts and decisions are made by governments under their influence. Grassroots movement for nature protection, various green parties are becoming more and more influential.

The development and functioning of the IEP, like any branch of international law, is based on certain fundamental provisions, which are a kind of legal axioms in the relatively mobile matter of international law - the principles of the IEP. MEP has basic principles of 2 types:

• - basic principles of international law;
• - specific principles of MEP.

The basic principles of international law include the principles set forth in the UN Charter, the 1970 UN Declaration of Principles, the 1975 Helsinki Summit Final List and developed by international legal practice. These are, first of all, the fundamental principles of international law: sovereign equality, non-use of force and threat of force, inviolability of state borders, territorial integrity of states, peaceful resolution of disputes, non-interference in internal affairs, respect for human rights and fundamental freedoms, self-determination of peoples, cooperation, conscientious fulfillment international legal obligations International law: textbook / otv. ed. E. T. Usenko, G. G. Shinkaretskaya. - M .: Jurist, 2005 .-- 120 p ..

The specific principles of international environmental law are a developing category. These principles have not yet been reflected in any full codified form; they are scattered across a multitude of international legal acts, both mandatory and advisory in nature. This diversity introduces some uncertainty in the position of international lawyers on the number of IEP principles.

Specific principles of international environmental law:

• 1. Protection of the environment for the benefit of present and future generations is a generalizing principle in relation to the entire set of special principles and norms of international environmental law. Its essence boils down to the obligation of states to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as to rational and scientifically sound management of natural resources.
• 2. The inadmissibility of causing transboundary damage prohibits such actions by states within the limits of their jurisdiction or control, which would damage foreign national environmental systems and common areas.
• 3. Environmentally sound rational use of natural resources: rational planning and management of renewable and non-renewable resources of the Earth in the interests of present and future generations; long-term planning of environmental activities with an environmental perspective; assessment of the possible consequences of the activities of states within their territory, zones of jurisdiction or control for environmental systems outside these limits, etc.
• 4. The principle of the inadmissibility of radioactive contamination of the environment covers both the military and peaceful areas of the use of nuclear energy.
• 5. The principle of protecting the ecological systems of the oceans obliges states: to take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not transfer, directly or indirectly, damage or pollution hazard from one area to another and not convert one type of pollution to another, etc.
• 6. The principle of prohibition of military or any other hostile use of means of influencing the natural environment in a concentrated form expresses the duty of states to take all necessary measures to effectively prohibit such use of means of influencing the natural environment that have wide, long-term or serious consequences as methods of destruction, application damage or harm to any state.
• 7. Ensuring environmental security: the duty of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.
• 8. The principle of control over compliance with international treaties on environmental protection provides for the creation, in addition to the national, also an extensive system of international control and monitoring of environmental quality.
• 9. The principle of international legal responsibility of states for environmental damage provides for liability for significant damage to ecological systems outside of national jurisdiction or control Trusov AG International environmental law (international environmental law): textbook. allowance. - M .: Academy, 2009 .-- 67 p ..

Thus, international environmental law (IEP) or international environmental law is an integral part (branch) of the system of international law, which is a set of norms and principles of international law that regulate the activities of its subjects to prevent and eliminate environmental damage from various sources, as well as on the rational use of natural resources.

The concept of "international environmental law". Subjects of international environmental law. Object (legal regulation) in international environmental law. The main directions of international cooperation in international environmental law. Objects of international legal protection of international environmental law. Some features of the origin and development of international environmental law. The main sources of international environmental law. Basic principles of international environmental law. International legal protection of various types of resources of the world nature (objects of political and legal protection of international environmental law). The main problems of modern international environmental law.

International environmental law (much less often in the scientific and educational literature the following synonymous designations are used: international environmental law, international environmental law) is a set of legal norms and principles in order to protect and rational use of world natural resources that regulate international relations in the field of protection environment.

The subjects of modern international environmental law are modern states, as well as various international organizations (within the framework of this international legal industry, the role and “share” of the contribution of international organizations in the decisions and documents adopted are essential).

Thus, the object of (legal regulation) of international environmental law is the relationship of subjects of international law regarding the protection and rational exploitation of the world environment, designed to be carried out for the benefit of present and future generations of people.

International cooperation in the system of modern international environmental law is carried out in two basic directions:

• 1) the creation of legal norms and standards that protect individual natural objects;
• 2) supervision of a certain state or any international organization to ensure that this or that industrial, economic or other activity is carried out taking into account the consequences of this activity for the environment.

The objects of international legal protection of international environmental law (international environmental protection law) include:

• 1) various water resources of the world nature;
• 2) atmosphere;
• 3) the ozone layer;
• 4) climate;
• 5) various living resources of the world nature (flora and fauna);
• 6) various ecological systems of the world nature (ecosystems);
• 7) soil;
• 8) Antarctica.

International environmental law is one of the newest and certainly the most important branches of modern international law. This international legal industry has been actively developing in recent decades, which is associated with the constant increase in attention from developed states and influential international organizations to the problems of protecting the environment and the world nature, which characterizes the world political and legal environment in recent decades.

Accordingly, many of the most modern international legal documents and political and legal standards pay special attention to environmental issues. Thus, in the United Nations Millennium Declaration, the protection, protection and rational use of all living organisms and natural resources are attributed to the fundamental values \u200b\u200bof human civilization and the modern international political and legal order.

Such close attention on the part of the main "players" of the modern world political "arena" is due to the fact that they all understand the importance and significance of the environment for all modern humanity; its universality and indivisibility, as well as the fact that with the development of the scale of industrial production and with an increase in the population of the Earth, natural resources are increasingly depleted, which is well understood by modern international legal entities.

At the same time, it should be noted that the first provisions on the protection of the environment began to appear in international law in its other branches.

For example, provisions for the protection of marine waters are contained in sectoral conventions under international maritime law, which focus on oil pollution control. Thus, the first "maritime" international legal convention devoted to environmental issues - the International Convention on the Prevention of Marine Pollution by Oil, 1954 - was aimed at solving this problem. This Convention prohibited the practice of oil discharge from sea vessels, which is destructive for water spaces and resources of the world nature.

Over time, however, the need to separate political and legal standards, principles, categories for the protection of the environment in a separate international legal branch became finally clear and was implemented by international legal entities.

The main sources of modern international environmental law are the following international legal documents:

• 1) Resolution of the General Assembly of the United Nations on the historical responsibility of states for the preservation of the Earth's nature for present and future generations, 1980;
• 2) World Charter for Nature 1982;
• 3) 2000 United Nations Millennium Declaration;
• 4) Convention on the Prohibition of Military or Any Other Hostile Impact on the Natural Environment, 1976;
• 5) Vienna Convention for the Protection of the Ozone Layer 1985;
• 6) 1979 Convention on the Conservation of Migratory Species of Wild Animals;
• 7) the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage;
• 8) The 1959 Antarctic Treaty, as well as a number of other international legal documents.

The most essential principles of modern international environmental law are:

• 1) the general principle of the obligation to protect the environment by all subjects of modern international law;
• 2) the principle of the state's sovereignty over the natural resources located on its territory;
• 3) the principle that one international legal entity (most often a state) does not harm the nature of another state by any actions committed on its own territory;
• 4) the principle of responsibility of each international legal entity for harming the nature of another state;
• 5) the principle of free access to information on the environment and problems of its protection;
• 6) the principle of preventing radioactive contamination of the environment;
• 7) the principle of non-admission of military or other harmful effects on the environment.

As already mentioned above, one of the first objects of international legal protection of the environment, which attracted the attention of the subjects of international relations, was sea water resources. The aforementioned International Convention for the Prevention of Marine Pollution by Oil 1954 was followed by international conventions of a universal character that developed the problem of protecting marine resources from various harmful substances: the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter of 1972 and the Convention on the Prevention of Pollution from Ships 1973 ...

The issue of international legal protection of waters and marine resources of individual seas was the reason for the creation of interstate regional agreements.

The most significant among the interstate regional agreements dedicated to the protection of specific seas was the Convention for the Protection of the Marine Environment of the Baltic Sea Region, 1974. This Convention strictly prohibited not only pollution of the Baltic Sea from sea harmful substances, waste, garbage. Based on the provisions of this Convention, its participants established a special Commission for the Protection of the Marine Environment of the Baltic Sea.

In 1992, the Baltic States adopted a new Convention on the Protection of the Natural Marine Environment of the Baltic Sea Region, which established even more stringent requirements for the protection of its resources.

The adoption of the new Convention on the protection of the Baltic Sea was associated both with significant changes in the political and legal situation of the states of the region, and with the desire of the Baltic states to preserve their main natural value, their most essential natural resource, as much as possible, focusing on the most stringent ( in relation to the protection of nature in general) political and legal standards of Western Europe.

Following the theme of the protection of marine resources, there followed universal international legal standards and regional interstate agreements on the protection of water resources of rivers and lakes. For example, the 1976 Convention for the Protection of the Rhine against Pollution by Chemicals, prepared by the Commission for the Protection of the Rhine against Pollution, established by several European states, is quite effective in terms of its implementation by the states parties to this international agreement.

At the same time, water, as the most important natural value, is becoming increasingly important in the conditions of modern development of mankind, and to the greatest extent - in connection with the steady growth of its consumption throughout the XX and early XXI centuries. and due to the extreme limitedness of its resources, which refers, first of all, to fresh water resources.

Therefore, the problem of protecting freshwater basins has now acquired absolutely exceptional importance not only for international environmental law, but also for all international law, as well as for the existing world political order as a whole.

Thus, a number of serious political analysts and specialists in the field of geopolitics with a significant degree of probability predict the possibility of military-political conflicts arising in the near future, connected precisely with a shortage of fresh water, for example, in some states of the Near and Middle East (in particular, military actions are quite likely “For fresh water” between the Republic of Yemen and the Kingdom of Saudi Arabia).

As a result of the deep understanding by the subjects of modern international law of the exceptional importance of fresh water in the field of international environmental law, new extremely significant innovations have appeared in recent decades. For example, the UN International Law Commission has prepared for the UN General Assembly its own draft articles on the political and legal support of the non-navigational use of international watercourses.

Watercourses in the Commission's project mean not only surface waters, but also those groundwaters that form unified natural systems with surface waters (most often, surface and groundwaters “tied” into one such system flow to the same outlet). In turn, in the space of modern international law, all watercourses, parts of which are located in different states, are international.

The modes of use of international watercourses are determined by bilateral and multilateral agreements of the states with whose territories they are connected. At the same time, according to the standards of international environmental law, all states through whose territories international watercourses flow, without fail, have the right to participate in such international agreements.

In turn, all states are obliged to use international watercourses exclusively in such a way as not to damage these natural resources. Modern states are obliged to ensure the protection and protection of international watercourses within the necessary limits, as well as to cooperate with each other on an equal basis in achieving this goal.

According to modern industry standards, subjects of international environmental law should also pay close attention to the protection of the atmosphere, the ozone layer, the Earth's climate, living resources of the world nature (flora and fauna), soils and other resources of the world nature.

In 1979, the Convention on Long-Range Transboundary Air Pollution was adopted, which was subsequently supplemented by a number of International Protocols dedicated to the protection of air from the release of various harmful substances:

• 1) Protocol to reduce sulfur emissions or their transboundary fluxes by at least 30 per cent, 1985;
• 2) Protocol on the limitation of emissions of nitrogen oxides or their transboundary fluxes, 1988;
• 3) Protocol on the limitation of emissions of volatile organic compounds or their transport streams, 1991 and some others.

Prior to that, back in 1963, the problem of international legal protection of the Earth's atmosphere was initiated by the Treaty Banning Nuclear Weapon Tests in the Atmosphere, Outer Space and Underwater, concluded by the leading world powers, which provided, in particular, certain restrictions on the test regime caused by the need to protect the air. nuclear weapons.

The importance of international legal protection of the ozone layer is due to the fact that it is this natural resource that protects the Earth from the destructive effects of ultraviolet radiation. However, the ozone layer has now been partially destroyed. This circumstance, first of all, is caused by the negative aspects of the industrial and other similar activities of modern mankind.

It was for the purpose of protecting the ozone layer that the Vienna Convention for the Protection of the Ozone Layer was adopted in 1985. This defining sectoral international legal document spelled out the political and legal standards for international monitoring of the state of the ozone layer, as well as cooperation of international legal entities in order to protect it.

Also in 1987, the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Montreal Protocol) was adopted. This Protocol appeared due to the timely realization by the subjects of modern international relations of the need for significant additions to the provisions of the 1985 Convention.The Montreal Protocol, which became the concrete carrier of these additions, defines specific restrictions on the production of substances that negatively affect the state of this resource of world nature.

The 1992 United Nations Framework Convention on Climate Change was directly devoted to the issues of ensuring international legal climate protection. This Convention determined the general provisions and main directions of cooperation of modern states in the protection of this, in many respects, key, category of world nature. This international document also established the principles and rules of political and legal responsibility of states for taking actions that may lead to the onset of consequences unfavorable for the Earth's climate.

It should be emphasized that industrial and other similar activities of mankind can significantly affect the global climate, and any sudden changes in climate, in turn, can lead to such negative consequences as:

• 1) the appearance on the Earth's map of new (including vast) deserts or spaces practically devoid of water and vegetation;
• 2) a significant rise in sea level, and this can lead to the flooding of many areas long ago mastered by mankind.

Therefore, climate protection is attracting constant attention of the main international legal entities. In 1997, the Japanese city of Kyoto adopted a protocol to the 1992 Framework Convention, which obliged the so-called developed countries, as well as states (countries) with economies in transition, to reduce greenhouse gas emissions into the atmosphere (primarily carbon dioxide) , which is the greatest threat to the planet's climate.

The norms and standards of the Kyoto Protocol are binding on the states parties to this international agreement. At the same time, the importance and defining nature of this international political and legal agreement in the field of international environmental law is clearly visible at least from the fact of participation in this agreement (for 2013) by more than 190 states.

Speaking about the protection of various (primarily, rare and endangered species) representatives of the animal world, it is necessary to especially note the following:

• 1) "World Charter for Nature" 1982;
• 2) the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora;
• 3) the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage;
• 4) 1979 Convention on the Conservation of Migratory Species of Wild Animals

So, according to the fundamental sectoral provision of the "World Charter for Nature" 1982, all living resources of the Earth should not be used by subjects of international relations (as well as by any individuals and legal entities) "beyond the possibilities of their restoration" (Art. 10).

The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, in turn, establishes the political and legal framework for the control of trade in endangered species.

The purpose of this Convention is to provide guarantees of the existence of wild species of animals and plants that act as objects of international trade. The achievement of this goal should be carried out by fulfilling international requirements for licensing and certification of trade in certain species of animals and plants.

At the same time, this Convention provides for certain sanctions in the form of establishing a system of fines, as well as the possibility of confiscation of prohibited goods from unscrupulous sellers.

The 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage is dedicated to ensuring international cooperation in solving the problem of protecting habitats of endangered species of animals and plants, as well as natural complexes and ecological systems of particular importance.

Thus, the objects of legal protection of the 1972 Convention are both flora and fauna and ecological systems of the world nature.

The legal standards of modern international environmental law especially highlight migratory species of wild animals as the most susceptible to negative effects from various factors (including human actions).

Animals - objects of protection of the 1979 Convention on the Conservation of Migratory Species of Wild Animals include, in particular:

• 1) seals;
• 2) cetaceans of the Baltic and North Seas;
• 3) bats living on the European continent;
• 4) Afro-Eurasian and Asian-Australian water birds;
• 5) white cranes.

International legal standards for the protection of flora especially highlight the protection of tropical forests as one of the most threatened categories of flora on Earth. The 1983 International Tropical Timber Agreement is dedicated to solving this problem (as well as regulating relations between producing and consuming countries of tropical timber).

Also, the provisions of the 1951 International Plant Protection Convention, which provide for specific joint actions of states to combat the spread of diseases and dangerous pests among various plants, are essential in the protection of flora.

The United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and / or Desertification, Particularly in Africa in 1994, is dedicated to the international legal protection of the world's soils.

The emergence of this Convention was caused by a significant exacerbation of the problem of land (soil) degradation in arid and semi-arid regions of the Earth (primarily, in a number of African countries).

The supreme body of the Convention has become the Conference of the Parties, which has a full range of powers to make the necessary political and legal decisions in the field of the Convention. The Conference of the Parties,; abbreviated COP), and the key subsidiary body of the Conference is the Committee on Science and Technology, whose task (in accordance with the provisions of Article 24 of the Convention) is to provide professional information and specialized advice on all scientific and technical issues related to combating desertification and mitigating the consequences drought.

In general, the problem of international soil protection is closely related to the problem of protecting the climate, flora and world water resources.

Speaking about the international protection of the nature of Antarctica, it is necessary to point to the 1959 Antarctic Treaty.

According to the provisions of this Treaty, Antarctica is proclaimed a demilitarized territory, where the construction of any military bases and facilities, as well as the conduct of military exercises and tests, is completely prohibited, which is essential, including from the standpoint of international environmental law.

In addition, this Treaty proclaims Antarctica a nuclear-free territory, which means a complete ban on the disposal, storage and testing of radioactive materials and nuclear waste on its territory, which is especially important in protecting nature in this territory of the globe.

At the same time, a special place in the development of this international legal branch is occupied by the UN environmental protection activities. So, often, the most fundamental proposals and the most defining international political and legal standards in the field of protecting the world's nature are contained in the resolutions of the UN General Assembly.

In addition, the UN Economic and Social Council (ECOSOC) is actively involved in ecology and environmental protection.

Other special agencies and organizations of the UN system also play a significant role in the protection of the global environment:

• 1) United Nations Industrial Development Organization (UNIDO);
• 2) the World Health Organization (WHO);
• 3) UNESCO;
• 4) International Atomic Energy Agency (IAEA);
• 5) Food and Agriculture Organization of the United Nations (FAO).

There is also a special United Nations Environment Program (UNEP), which is actually a sectoral international organization, although legally it is just a kind of subsidiary body, created in accordance with the UN General Assembly resolution of December 15, 1972 No. 2997.

This "organization" (UNEP) has a primary role in promoting the development of international environmental law, especially in the development of international standards and the preparation of conventions in the field of ecology and environmental protection.

Other international intergovernmental organizations, primarily the OSCE, also play a serious role in international environmental protection.

This organization (Organization for Security and Cooperation in Europe) is the international intergovernmental organization of our time most concerned about environmental issues, with the exception of the UN. Protection of the world nature (within the OSCE) is, first of all, ensuring environmental security on the European continent (OSCE is a regional organization).

Among international non-governmental organizations involved in environmental protection (including the preparation (elaboration) of various legal initiatives), the most prominent role belongs to such an organization as Greenpeace (translated from English. "Green World").

It is the various international organizations that, as a rule, are the real "locomotive" of the development of such an important branch of modern international law as international environmental law.

The main problems of international environmental law at the moment remain:

• 1) insufficient protection of the atmosphere from emissions of various harmful substances;
• 2) insufficient activity of the governments of the states of the "third world" in the protection of the environment;
• 3) insufficient development of measures to prevent various man-made disasters and overcome the consequences of these emergencies (EP).

In addition, one cannot but recognize the existence of objective contradictions between the socio-economic need for many states and their governments to intensify the development of industrial production in those industries that can negatively affect the nature of these states (and, consequently, the world nature as a whole), and also between a constant increase in global consumption and a simultaneous decline in the world's natural resources.

These contradictions simply have to be the subject of constant work for all responsible subjects of international environmental law, which, nevertheless, does not guarantee their one hundred percent resolution by existing political and legal methods and instruments.