Directions for the development of international environmental law. International environmental law. Pesticides and air pollution

International environmental law

Definition 1

International environmental law is legal norms, according to which the state and society should carefully and diligently treat the environment and preserve it. Protected natural sites include forests, rivers, lakes, and agricultural land. In addition, we note the issue of utilization and processing of pollutants and toxic substances harmful to humans and nature, related to the conservation of nature.

International environmental law is a branch of international law. The law we are considering adjusts contacts between countries and interstate organizations on issues related to the protection and conservation of natural objects and resources.

The subject of international environmental law is the establishment and regulation of legal relationships between countries in the field of environmental protection.

Remark 1

Note that the adopted norms of international environmental legislation can have significant legal force and solve problems related to the environment.

The subjects of environmental international law are states and international organizations. Their main tasks are the conservation of the world around us and the skillful use of the resources available to mankind.

Forms of implementation, principles and sources of international environmental law

Consider the process of implementing a decision related to the field of international environmental law.

Arising problems related to environmental problems and environmental protection can be considered in such instances as

• National court
• international Court
• International Arbitration Commission

But at the same time, in order to make any decision related to international environmental legal relations, the consent of governments to subordinate the jurisdiction of international bodies is required. As a result, states, avoiding the possibility of incurring political and economic damage, abandon such jurisdiction.

The main principles of environmental international law are:

1. The belonging of certain natural resources to a particular state, as sovereign in a given region.
2. Not causing any harm to the environment of neighboring countries.

[Note] Note, however, that according to the 1972 Stockholm Declaration on the Environment, these principles are combined into one. Namely, the principle that the countries of the globe have every right to develop the available natural resources in accordance with their laws, but bear full legal responsibility for possible damage to other states as a result of their actions.

The sources of the law we are examining are multilateral treaties between states around the world and customary legal norms that have been established in international law.

Among the multilateral agreements, we note the following concluded documents:

• International Convention on Civil Liability for Oil Pollution Damage, 1969,
• International Convention for the Prevention of Pollution from Ships, 1973,
• 1980 Convention on the Conservation of Antarctic Marine Living Resources
• 1985 Vienna Convention for the Protection of the Ozone Layer

To the usual legal norms of international law concerning the protection of nature, let us refer, as an example, bilateral treaties between the Russian Federation and Belarus concluded in 1993 and 1994.

International organizations that are engaged in the protection and conservation of the natural environment include such political and public associations as the UN (United Nations), the Intergovernmental Maritime Consultative Organization (IMCO).

The UN, in particular, is engaged in activities related to climate change in the modern world and the search for ways to solve this problem. The UN also deals with the problems of pollution of the surrounding world, as does the Intergovernmental Maritime Consultative Organization (IMCO) mentioned by us.

As for international conferences, their work can also have a positive impact on the problems of protection and restoration of the environment. Let us note here such previously held international conferences in Brazil in 1992 and a conference in Switzerland in 1993, which united the European countries, which sent their ministers there.

World Ocean Protection

In order to protect the oceans as one of the most important natural spheres on planet Earth and one of the most important sources of biological and mineral springs, it became extremely important to develop a mechanism to protect the ocean biosphere.

In particular, in 1992 the Convention on Biological Diversity was adopted. The main goal of this document was the conservation and wise use of the biological diversity of the surrounding world.

Remark 2

At the same time, biological diversity is understood as the entire set of living organisms that inhabit all spheres of wildlife.

To preserve such diversity, and hence the necessary resources for the development, existence and survival of mankind itself, states adopt various international agreements designed to preserve and strengthen the biosphere of the entire planet Earth.

Conservation of international rivers

One of the main legal international sources concerning the protection and protection of rivers that are international is the following document. This is the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, adopted in 1992.

So, according to this document, the countries that have signed this international document undertake to fulfill the following requirements. Namely:

States should take all appropriate measures to prevent river pollution or at least reduce the negative impact on river waters.

Take actions that promote both the wise use of water resources and the gradual restoration of river ecosystems, as appropriate.

Protection of the North and South Pole regions

The North Pole, Arctic and South Pole, Antarctica are some of the important reserve sources of resources and minerals for the entire human community.

In order to protect and protect the ecosystem of these regions, the following actions were taken. So, to protect and coordinate actions related to the North Pole, the Arctic Council was created in 1996, which included countries with possessions in the Arctic zone. This Council also includes Russia.

For the protection and management of the southern mainland, Antarctica, relevant international legal norms have also been created. One of these documents, namely the Protocol on Environmental Protection to the Antarctic Treaty, adopted in 1991, spoke about the protection and responsibility of states to protect and preserve a unique ecosystem. This document was also signed by the Russian Federation.

Environmental protection refers to the global problems of the survival of human civilization. Therefore, the natural environment is an important object of international legal regulation.

Under environmental lawunderstand the set of principles and norms governing the activities of states to prevent and eliminate damage of various types and from various sources, caused to the national systems of the natural environment of individual states and systems of the natural environment that are beyond the limits of national jurisdiction.

The main objectsinternational legal protection of the natural environment are land, subsoil, oceans, celestial bodies, air space, outer space, flora and fauna of the Earth, as well as the fight against the main sources of environmental pollution.

The main sources of environmental pollution are industrial and chemical wastes, nuclear weapons and composite materials, oil and gas, vehicles, human activities (legal and illegal).

There are the following groups of objectsinternational legal protection of the natural environment: I. The entire planetary environment (ecosystem) of the Earth:

The oceans and its natural resources;

Atmospheric air;

Near-Earth space;

Individual representatives of flora and fauna;

Unique natural complexes;

Part of freshwater resources, the genetic fund of the Earth (black soil).

P. National natural resources ^ under the jurisdiction of the state. In determining their legal status, the main role is played by the norms of domestic law. Along with this, the number of international treaties concerning their protection is increasing for individual objects.

III. International natural resources that are beyond the limits of national jurisdiction or which, in the process of their development (natural cycle), end up on the territory of other states.

The legal regime for the protection and use of these resources is determined by the norms of international law.

Resources are divided into two groups:

1. Universal,which are in the common use of all states (for example, the high seas, outer space, Antarctica, the seabed beyond the limits of national jurisdiction);

2. Multinational(shared) owned or used by two or more countries (for example, water resources of multinational rivers, populations of migratory animals, bordering natural complexes).

Sources of international environmental law are divided into two groups:

- international treatiesand

- international customs.Types of international agreements:

and) universal:

1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter;

The 1973 Convention for the Prevention of Pollution from Ships;

Convention on International Trade in Endangered Species of Wild Flora and Fauna, 1973;

The 1977 Convention on the Prohibition of Military and Any Other Hostile Use of Means of Influencing the Natural Environment;

1979 Convention on Long-Range Transboundary Air Pollution;

1982 UN Convention on the Law of the Sea; 6) regional:

- 1979 Convention on the Conservation of Fauna and Flora in Europe;

1976 Convention for the Protection of the Mediterranean Sea against Pollution.

Other.

Basic principles of international environmental law:

- international nature conservation cooperation between states and other subjects of international law;

No harm to the environment;

Assessment of transboundary environmental impacts of the proposed activity;

The natural environment outside the state border is the common heritage of all mankind;

International liability for environmental damage;

Freedom to explore and use the natural environment and its components;

Rational use of the natural environment;

Other.

In the context of the ongoing scientific and technological revolution, an increase in the real threat of man-made emergencies, the importance of international cooperation in this area is growing. An important role in such cooperation is played by the conclusion of international treaties of a specialized nature. So, for example, international conventions on environmental safety include:

a) The 1977 Convention on the Prohibition of Military or Any Other Hostile Effects on the Natural Environment, which obliges:

Do not resort to military or any other hostility
first use of environmental stimuli
living natural environment by deliberate
changes in the dynamics of the state, structure of the Earth, including
tea its biota, lithosphere, hydrosphere, atmosphere or
space; i

Not to help, not to encourage or induce the subjects of international law to carry out military or other hostile use of means of influencing the natural environment;

Use means of influencing the natural environment for peaceful purposes;

Take any legal measures to prohibit and prevent any activity that contradicts the implementation of environmental safety measures;

b) The 1979 Convention on Transboundary Air Pollution, which obliges:

Protect people and the natural environment from air pollution, limit, reduce and prevent air pollution from sources located on the state territory;

Develop a strategy to abate air pollutants through information exchange, consultation and monitoring (continuous observation);

Develop the best air quality control systems and measures to combat air pollution.

International cooperation in the field of environmental protection can be global, regional, subregional and interstate.

In 1972, the United Nations developed the Environmental Protection Program (UNEP), headquartered in Nairobi (Kenya). This program is a special international mechanism for coordinating cooperation between states in the field of environmental protection. UNEP is structured by the Governing Council, the Secretariat and the Environment Fund.

UNEP is chaired by a director and a Governing Board made up of representatives from 58 countries. The main functions of the Council are:

Promotion of international cooperation in the field of the environment and provision of policy advice, as necessary;

Providing general guidance and coordination of environmental programs carried out by UN organizations;

Preparing environmental reviews and identifying ways of international cooperation;

Continuous observation (monitoring) of the impact of national and international policies on the state of the environment and environmental protection measures for developing countries;

Preparation of an overview of activities foreseen by the Environment Fund, etc.

UNEP operates on a sessional basis. The session meets annually with the participation of the executive director and the secretariat.

The Executive Director heads the Office, which includes: the Environmental Assessment Unit; department of management in the field of environmental protection; department but problems

tynivaniya; the environmental education sector; | sector reports on the state of the environment! Wednesday.

Under the leadership of the secretariat, there are: a program office; Department of External Relations and Policy Planning; liaison offices in New York and Geneva; information service, regional representative offices.

In matters related to the activities of the Natural Environment Fund, the Bureau of Matters plays an important role! Environmental Fund and Administration. It includes an administration department and an assistant executive director.

To the most important areas of environmental protection | UNEP activities include:

Protection of individual natural objects (protection of the j marine environment, protection of soil and fresh waters);

Combating various types of harmful effects I (combating desertification, pollution);

Rational use of natural resources;

Creation of a global reference service for monitoring the state of the environment (monitoring);

Study of the ecological features of the development of j settlements;

Development of an international legal framework for environmental protection, etc.

With the support and active participation of UNEP, the 1976 Convention for the Protection of the Mediterranean Sea against Pollution, the 1978 Kuwait Regional Convention for the Protection of the Marine Environment from Pollution, the 1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals and many others were developed and adopted.

International forums organized under the auspices of the United Nations and dedicated to the problems of environmental protection are highly relevant and effective. One of such representative international forums was the Conference on

environment and development, which took place in 1992 in Rio de Janeiro. The most important result of the conference was the adoption of the Declaration.

Principles enshrined in the Rio Declaration:

Observance of human rights in the field of environmental protection;

Cooperation of states in the field of environmental protection;

Sustainable development of human society;

Peace and peaceful resolution of environmental disputes.

In the same document, the principles of cooperation between states in the field of environmental protection were again enshrined:

(a) protection of the natural environment is an integral part of the peaceful development process;

(b) the adoption by states of effective laws in the field of environmental protection with the establishment of the subjects' responsibility for environmental pollution;

(c) prevention of the facts of movement of pollutants to other states that damage the environment and humans;

(d) mutual information on activities that may have negative transboundary consequences for the natural environment;

(e) a global partnership of states to preserve the Earth's ecosystem;

(f) an assessment of the anticipated environmental impacts in prospective activities;

(g) respecting international law and ensuring the protection of the natural environment in times of armed conflict.

In addition to universal international organizations, many regional organizations of general and special competence are engaged in environmental protection problems.

Thus, the Maastricht Treaty on the European Union (EU) enshrines the environmental objectives of this body! nization - to promote measures at the international level (| related to regional and global environmental problems. The annexes to the Maastricht Treaty are three declarations on environmental topics: directives on hazardous emissions on the impact of EU measures on environmental protection; on the protection of animals.

Within the EU, the European Environment Agency and the European Environment Information and Observation Network were established in May 1990. The main task of this Agency is to provide the EU and Member States with objective information with a view to developing and implementing effective and efficient environmental policies. The agency prepares quarterly reports on the quality, intensity and nature of environmental impact, develops uniform assessment criteria, data on the state of the environment. The priority objects of observation in the Agency's activities are: air, its quality and emissions into the atmosphere; water, its quality and agents that pollute water resources; soil, its condition, flora, fauna, biocurrents and their condition; land use and natural resources; recycling and reuse of waste, waste-free technologies; noise pollution; chemicals that are harmful to the environment, etc.

Other regional organizations (OSCE, CE, CIS) are paying more and more attention to environmental security issues. Thus, within the OSCE in Sofia in 1989, a Conference on Environmental Protection was held. The recommendations of the Meeting, which were later adopted by the Paris Summit (1990), emphasized the importance of cooperation between states in the scientific, technical, administrative, legal and educational aspects of environmental protection.

Regional organizations of special competence include the Commission for the South Pacific, which was established in 1947. Its main task is to contribute to the improvement of economic, social and cultural conditions, as well as environmental protection through mutual consultations of the governments of the states of the region.

An example of international subregional cooperation of states in the field of environmental protection is the Program for the Protection of the Black Sea, developed within the framework of the Organization of the Black Sea Economic Cooperation established in June 1992.

International non-governmental organizations (World Wildlife Fund, Greenpeace, International Institute for Environment and Development, International Council on Environmental Law, International Environmental Court, etc.) play an important role in protecting the natural environment. Their activity is intensifying and acquires an increasingly effective character in the international arena, providing public support and; control of the international community in matters of environmental safety. International practice in recent years provides examples of positive interaction between states and international intergovernmental organizations with these public structures in the environmental sphere.

Literature:

1. Kolbasov O.S. International legal protection of the environment. - M., 1982.

2. Course of international law. In 7 volumes. T. 5. - M., 1992.

3. Speranskaya L.V., Tretyakova K.V. International Environmental Law. - M., 1995.

4. Timoshenko A.S. Formation and development of international environmental law. - M., 1986.

5. Chichvarin V.A. Environmental protection and international relations. - M., 1970.

The problems of preserving rare and endangered species of fauna and flora became obvious to specialists only from the end of the 19th century. Soon, these problems became apparent to the general world community. As a result of the discussions, for example, in 1902 in Paris, one of the first international biological agreements was signed, affecting, among other things, the conservation of rare species - the International Convention for the Conservation of Rare Birds.

Thus, environmental law as an independent sphere of legal regulation of public relations has largely begun to take shape primarily not as a system of national legislation, but as international environmental law.

Considering the problem of the existence of international environmental law, one can refer to the research of M.I. Lazarev, who formulated the following conditions for the recognition of a set of legal norms as a special branch of law:

1) a specific range of social relations;

2) specific rules governing these relations;

3) a fairly large social significance of the range of social relations;

4) a fairly extensive amount of regulatory material;

5) the interest of society in the allocation of a new branch of law;

6) special principles of law governing the construction of a new branch of law.

Considering international environmental law from these positions, it can be stated that it complies with all the listed characteristics.

The fact that international environmental relations, including relations regarding environmental protection, rational use of natural resources, ensuring environmental safety and observance of environmental human rights, have a certain specificity, today none of the scientists have any doubts. At the same time, the parties in such relations are the traditional subjects of international law.

Many of the rules governing international relations are also specific. In addition to the traditional forms of securing international legal norms - an international treaty and international legal custom - the so-called norms of “soft” international environmental law, namely, framework conventions and standards adopted by international organizations, were in demand here. The norms of “soft” law in international environmental law are formalized in resolutions, agendas, codes, declarations, guidelines, etc.

The expansion of environmental ties between all states, the growing environmental interdependence between them, the course towards restructuring international environmental relations on the basis of equality and mutual benefit - all these are the most important factors of modern social development, preconditions for the creation of a system of international environmental security. The numerous international treaties, resolutions and declarations adopted over the past century on international environmental security, environmental protection and rational use of natural resources unequivocally testify to the great importance that the world community attaches today to environmental legal relations.

The volume of normative and legal material in the field of regulation of international environmental legal relations has been expanded - currently there are more than five thousand international treaties and agreements in this area, one third of which are multilateral.

Today, for all the largest and most important natural objects, relevant bilateral and multilateral international treaties and agreements have been concluded, regulating both the mutual rights and obligations of the participants in connection with their use, and the issues of their protection and prevention of pollution from almost all known sources. The most developed in this regard is the area of \u200b\u200bmarine environment protection.

The interest of both individual states and the international community as a whole in the existence of an independent industry - international environmental law is obvious and is expressed both in the huge normative and legal material of an international nature, and in the numerous international conferences convened almost annually on the protection, protection and use of the environment. environment, among which a special place is occupied by the Stockholm Conference on the Human Environment in 1972, the UN Conference on Environment and Development in 1992 in Rio de Janeiro, the World Summit on Sustainable Development in 2002 in Johannesburg (World summit of the Earth).

Only the adoption of a special codified international legal act of a universal nature in this area of \u200b\u200bpublic relations can finally answer the question of the number and content of special sectoral principles of international environmental law.

As the most important milestones in its emergence in its modern form, we can mention the first international document - the Agreement on the Protection of Fur Seals (1897) and the first international conference on the protection of the natural environment, which was held in Bern in 1913.

At present, international treaties in the field of environmental law regulate environmental protection issues related to the use of not only domestic natural objects, but also natural objects that are outside national jurisdiction, the sphere of state sovereignty. International natural objects include the World Ocean beyond territorial waters, the continental shelf and economic zones, Antarctica, the Earth's atmosphere, and outer space. The legal regime of such international natural sites is mainly governed by international treaties.

The international legal protection of the animal world is of great importance (the Convention on Biological Diversity - Rio de Janeiro, June 5, 1992; Agreement on the Conservation of Polar Bears - Oslo, November 15, 1973, etc.), the protection of border and transboundary water facilities (Convention on the Protection and Use of Transboundary Watercourses and International Lakes - Helsinki, March 17, 1992), preservation of the marine environment (Convention on the Protection of the Black Sea against Pollution - Bucharest, April 21, 1992, Convention on the Protection of the Marine Environment of the Baltic Sea Region - Helsinki, 22 March 1974), protection of the oceans (International Convention for the Prevention of Pollution from Ships - London, 2 November 1973, United Nations Convention on the Law of the Sea - Montego Bay, 10 December 1982), protection of the Earth's atmosphere, climate and ozone layer (United Nations Framework Convention on Climate Change - New York, May 9, 1992, Vienna Convention for the Protection of the Ozone Layer - Vienna, March 22, 198 5, etc.).

As for the preservation of the surrounding nature internationally, it can be noted that long before the 1917 revolution, the state policy of Russia on its national outskirts contained pronounced environmental, legal and natural resource aspects.

The largest and most universal entity in the formation of international environmental policy in the post-Soviet space is the Commonwealth of Independent States.

The issues of cooperation in the environmental sphere within the framework of the Commonwealth of Independent States were identified in the initial period of its formation. In February 1992, in Moscow, the first item on the agenda of the meeting of the Council of Heads of Government was the issue of consideration and adoption by the heads of government of the Agreement on interaction in the field of ecology and environmental protection. Article 1 of the Agreement states that “the high contracting parties develop and implement an agreed policy in the field of ecology and environmental protection (protection and use of land, soil, subsoil, forests, waters, atmospheric air, flora and fauna, natural resources of the continental shelf , the economic zone and the high seas outside the limits of national jurisdiction), taking into account the international agreements previously concluded by the USSR ”. There is an appendix to this Agreement with a List of fifty-six international agreements concluded by the USSR on ecology and environmental protection.

Within the framework of this Agreement, the heads of governments also agreed to establish an Interstate Environmental Council.

On December 5, 2012, in the city of Ashgabat, the Decision of the Council of CIS Heads of State was signed on declaring 2013 the Year of Environmental Culture and Environmental Protection in the Commonwealth of Independent States. It is especially noteworthy that this year was devoted not only to environmental safety as a phenomenon of objective reality, but primarily to environmental culture as a subjective factor in the sustainable development of society in harmony and balance with the environment.

One of the legal concepts of environmental culture is disclosed in the Model Environmental Code for the member states of the Commonwealth of Independent States, adopted by Resolution No. 27-8 of November 16, 2006 at the XXVII plenary session of the Interparliamentary Assembly of the CIS member states.

Article 1 of this code suggests understanding ecological culture as “domestic and world experience of harmonious interaction between man and nature”. This laconic and far from indisputable definition is enshrined at the level of the Commonwealth in an act that is, rather, of a recommendatory nature and is intended only to serve as a basis for the development of national environmental legislation by member states.

The CIS Model Code, which pays considerable attention to the problems of ecological culture, contains quite applicable norms in this regard, which deserve reception in all countries of the Commonwealth, including Russia.

One of the main shortcomings of the Federal Law "On Environmental Protection" should be considered, for example, that, operating with the concept of "ecological culture", recognizing it as one of the most fundamental for the purposes of the said law, the legislator, nevertheless, does not disclose this concept, does not provide any legal definition of this concept, leaving a gap for ambiguous interpretations and discrepancies.

According to D.O. Burkin, a significant drawback of the Russian legislation on environmental culture is that we still do not have a special law on environmental education, while some other countries of the Commonwealth of Independent States adopted such laws long ago. An example is the Law of the Republic of Azerbaijan dated December 10, 2002 No. 401-ІІГ "On environmental education and enlightenment of the population."

Meanwhile, the 12th chapter of the CIS Model Code "Foundations of the formation of ecological culture" is devoted to a serious development of the problem of raising the level of ecological culture.

In general, this model code regulates legal relations in the environmental sphere: in the field of natural resources, environmental protection and ensuring guarantees of environmental safety.

The Code defines the competence of the state authorities of the state, state authorities of the subjects of the administrative-territorial division of the state, the rights and obligations of individuals and legal entities, the procedure for state legal regulation in the environmental sphere, as well as responsibility for violation of environmental legislation.

The ideas and the very concept behind this document seem to be extremely important. We believe that it is along this path - through the creation of complex international legal environmental acts, that international environmental law should develop in the future.

As a result of mastering this chapter, students should:

know

• concept and sources of environmental law;
• protection of various areas of the environment;
• international environmental organizations;
• international conferences on environmental issues;

be able to

• navigate the sources of international environmental law;
• evaluate the effectiveness of international mechanisms for environmental protection;
• assess the effectiveness of the activities of international environmental organizations;
• to assess the feasibility of applying certain types and forms of international legal responsibility to a violator of international environmental law;

have skills

• operating with the basic international legal concepts (definitions) used in this industry;
• work with sources of environmental law;
• analysis of decisions of international judicial bodies in cases concerning international environmental disputes.

The concept of international environmental law and its sources

International environmental law - a branch of modern international law, combining the 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 our time, the problems of environmental protection are highlighted. The consequences of insufficient attention to them can be catastrophic, since the degradation of the natural environment can be irreversible, raising the question of the survival of mankind.

Air and water pollution is damaging to human health and nature. Degradation of farmland leads to drought and soil erosion. Massive deforestation is negatively affecting the climate and reducing biodiversity. 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. Accidents at enterprises related to radioactive and poisonous substances, not to mention the tests of nuclear weapons, cause enormous damage to human health and nature.

These and other environmental problems are global character. They cannot be solved by the efforts of one state, and, therefore, require joint efforts of the entire world community, since environmental protection concerns all aspects of its development and is vital for all countries, regardless of their level of development. States Parties to the 1972 UN-sponsored the first World Environment Conference, in the adopted Human Environment Declaration, said: "A person has the right to freedom, equality and proper living conditions, to an environment of such quality that makes it possible to live with dignity and prosperity." Ensuring this right should be entrusted to the states and only with their effective cooperation can real results be achieved. The directions of such cooperation were further defined in subsequent resolutions of the PLO. In particular, in the resolution of the UN General Assembly 1831 (XVII) of December 18, 1962 "Economic development and protection of nature", in which an attempt was made to orient the international community to the search for a combination of environmental and economic interests of society, the development of a set of measures for the protection of specific natural resources.

IN Declarations of the 1972 UN Stockholm Conference on the Environment 26 principles were formulated by which states should be guided both in the implementation of international cooperation and in the development of national programs in this area.

Adopted October 30, 1980 uN General Assembly resolution 35/8 "On the Historical Responsibility of States for the Preservation of the Earth's Nature for Present and Future Generations" again called on all peoples to develop measures to protect the natural environment.

• On October 28, 1982, by resolution 37/7 of the UN General Assembly, the World Charter for Nature. This important international document once again stressed the importance of environmental protection. In particular, the said resolution noted:
  • - humanity is a part of nature and life depends on the continuous functioning of natural systems, which are a source of energy and nutrients;
  • - civilization is rooted in nature, which has left an imprint on human culture and influenced all works of art and scientific achievements, and it is life in harmonious harmony with nature that provides a person with the best opportunities for the development of his creative principles, rest and organization of leisure;
  • - any form of life is unique and deserves respect, whatever its usefulness to humans. To recognize this intrinsic value of other living things, a person must be guided by a moral code of conduct;
  • - a person can, by his actions or their consequences, modify nature and exhaust its resources, and therefore he must fully realize the urgent need to maintain the balance and quality of nature and its resources;
  • - the long-term benefits that can be obtained from nature depend on the conservation of ecological processes and systems essential for the maintenance of life, as well as on the diversity of organic forms that humans endanger as a result of over-exploitation or destruction of natural habitats;
  • - degradation of natural systems as a result of excessive consumption and abuse of natural resources, as well as the inability to establish an appropriate economic order between peoples and states leads to the destruction of the economic, social and political structures of civilization;
  • - the pursuit of rare resources is a cause of conflicts, and the conservation of nature and its resources contributes to the establishment of justice and the maintenance of peace. It is impossible to preserve nature and natural resources until humanity learns to live in peace and gives up war and the production of weapons. People must acquire the knowledge necessary to conserve and expand their ability to use natural resources, while conserving species and ecosystems for the benefit of present and future generations.

By adopting the World Charter for Nature, the states confirmed the need to expand international cooperation in the field of environmental protection.

In June 1992, in Rio de Janeiro, the 2nd UN Environment Conference, which was attended by 178 states. The conference adopted The Declaration entitled "Agenda 21", as well as a special resolution on the principles of cooperation between states in this area.

According to these principles:

• - the natural resources of the earth, including air, water, surface, flora and fauna, should be protected in the interests of present and future generations through careful planning and management;
• - the natural environment outside the state borders is the common heritage of mankind and is not subject to national appropriation by proclaiming its sovereignty or through practical use, occupation, etc .;
• - the use of the environment, reproduction and renewal of natural resources should be carried out rationally;
• - research on the use of the environment should be carried out on the basis of equality and mutual benefit;
• - environmental protection should be carried out in interdependence with respect for human rights and fundamental freedoms;
• - harm prevention means the obligation of states to identify and evaluate substances, technologies, production and activity categories that affect or may affect the environment;
• - Prevention of environmental pollution means the obligation of the state to take, individually or collectively, all measures necessary to prevent pollution of the environment as a whole and its individual components;
• - any state bears political or material responsibility within the framework of its obligations stipulated by treaty or other norms of international law in the field of environmental protection.

During the Conference, two universal conventions were also signed:

• - the Convention on Biological Diversity and
• - UN Framework Convention on Climate Change.

In accordance with the recommendations of the Conference, the international environmental organization Commission on Sustainable Development (CSD) was established, whose main task is to promote the implementation of "Agenda 21" at the national, regional and global levels.

According to the plan, the Rio Conference was supposed to initiate close cooperation between government, business and the public in the implementation of the ideas of sustainable development. However, the disagreements between industrialized and developing countries, which had already appeared during the conference, prevented the achievement of this goal. So, due to the opposition of the "third world" countries, the forum participants failed to work out an agreement on one of the most pressing problems - the total destruction of tropical forests. A certain split was also outlined in the ranks of developed countries, as a result of which the Convention on Climate Change did not include specific obligations of states on the volume and rate of reduction of greenhouse gas emissions into the atmosphere.

Measures to implement the decisions of the conference turned out to be ineffective, which was revealed at the special session of the UN General Assembly held in June 1997, called "Rio plus 5" (five years have passed since the Conference). During the discussions, it became clear that humanity is still going along the path of environmental disaster.

In 2002 passed UN Conference on Sustainable Development - Rio + 20. The world's leaders participating in it, together with thousands of representatives of the private sector, NGOs and other groups, have jointly developed a strategy to ensure real measures to protect the environment.

In 2012, Johannesburg hosted UN World Summit on Sustainable Development, which was attended by representatives of 195 countries, including presidents and prime ministers. During the Summit, its participants adopted the Political Declaration of the Forum, calling on all countries to work for the benefit of common prosperity and peace. Also, the Action Plan on Poverty Alleviation and Protection of the Earth's Ecology was adopted, which provides for a number of large-scale actions, providing access to clean water and electricity for hundreds of millions of people. The plan stipulates comprehensive environmental programs that slow down deforestation and the depletion of fish resources in the oceans. The plan also provides for a global reduction in subsidies for the extraction of fossil fuels, the transition to renewable energy sources. The summit in Johannesburg, with its decisions and obligations imposed on the countries, once again emphasized the enormous importance of global agreements on the key issues of life support of the planet's population, the role of developed countries and international organizations in this provision, which are the only instrument capable of ensuring agreements and decision-making at the level of the entire planet. ... The summit once again proved that the most important organization in this sense is the UN, whose role and importance will constantly increase over time, which will require the implementation of the appropriate transformations of this organization necessary to meet the requirements of the time.

Despite the fact that the resolutions of international environmental conferences are by their nature recommendations, the provisions enshrined in them to a certain extent contribute to greater uniformity of practice in the field of international environmental activities, prepare the ground for the subsequent development of agreements on these issues, and determine the fundamental foundations for the development of legally binding international agreements - sources of international environmental law.

• In the domestic literature, the concept of "international environmental law" is also widespread. The term "environmental law" seems to be preferable only because of its international use.

The atmosphere, the waters of the World Ocean, freshwater resources and subsoil are subject to international protection. International environmental law - a set of legal norms governing the environmental actions of states.

The protection of the environment with all its natural and social components is primarily the task of the domestic law of individual countries. At present, all countries have developed national legislation on the protection of nature and the environment. So, in Russia there are land and water codes, legislation on subsoil, on healthcare, on nature protection and rational use of natural resources, to protect the Caspian, Black and Azov seas, the Volga and Ural river basins, and to preserve the wealth of Lake Baikal.

However, despite the developed system of national environmental legislation, there is a need for international cooperation in this area in order to preserve the environment. Consequently, there is a need for the interdependent development of two directions of normative regulation of environmental protection - state-legal and international-legal.

Under international legal protection of the environmentshould be understood as joint measures of states to prevent pollution of the atmosphere, waters of the oceans and its subsoil, international rivers, outer space and other parts of the biosphere of an international nature, as well as to protect and rational use of flora and fauna. Accordingly, states are obliged to prevent, within their state borders, such actions that have a harmful effect on the external environment outside the territory of a given state, pollute the air, water and soil of territories not under the sovereignty of any state, or harm the environment within another state. It is these principles that should be guided by states that carry out bilateral and multilateral cooperation in the field of environmental protection.

The international legal principles of environmental cooperation were first formulated in the Declaration of the UN Stockholm Conference on Environmental Problems (1972). This document reveals the essence of global environmental problems, as well as formulates the principles of environmental protection. The World Charter for Nature (1982) supplemented and clarified the principles of environmental protection and rational use of natural resources. At the UN Conference in Rio de Janeiro (1992), a declaration was adopted that proclaimed the goal of establishing an equitable partnership by creating new levels of cooperation between states, key sectors of society and individual citizens.

The principles of environmental protection enshrine the priority of human rights to maintain a healthy environment and sustainable development. People have the right to live healthy and productive lives in harmony with nature. In order for society to achieve a state of sustainable development, environmental protection must be an integral part of the development process and cannot be considered in isolation from it. In addition, the Stockholm Declaration proclaims that the Earth's natural resources, including air, water, land, flora and fauna, and especially patches of natural ecosystems, must be conserved for the benefit of present and future generations through careful planning and management as needed.

A separate group of principles confirms the sovereign right of states to use natural resources.The Declaration of the Stockholm Conference says that states have the sovereign right to use their own resources in accordance with their national policies in approaching environmental problems. It is the States that are responsible for ensuring that activities within their jurisdiction or control do not cause damage to the environment in other States or areas outside their national jurisdiction. States enact effective environmental legislation. Environmental standards, regulatory objectives and priorities should reflect the environmental and developmental conditions in which they apply. However, the standards applied by some countries may be inappropriate and involve unreasonable economic and social costs in other countries, in particular developing countries. Therefore, in this case, there are international norms regarding domestic legal relations. Each state has the right to apply them through its competent authorities and in cooperation with other states. To achieve sustainable development and a higher quality of life for citizens, states must limit and eliminate unsustainable production and consumption patterns and encourage appropriate demographic policies.

Another group of principles defines responsibilities of citizens in the field of environmental protection.Each person is called to act in accordance with the provisions of the World Charter for Nature; each individual, acting individually, must strive to ensure that the objectives and provisions of the Charter are met (par 24). In the Rio Declaration, these provisions are formulated as follows:

¦ the creative forces of the world's youth should be mobilized in order to form a global partnership in order to achieve the effect of sustainable development and ensure a secure future for the planet;

¦ Indigenous peoples and their communities, as well as other local communities, have a vital role to play in the management and improvement of the environment through their knowledge and traditional practices. States should recognize and support the identity, culture and interests of the indigenous population and ensure their effective participation in achieving sustainable development;

¦ The environment and natural resources of peoples living under conditions of oppression, domination and occupation must be protected.

The special responsibility of man for the preservation and reasonable management of objects of wildlife and its environment, which are under serious threat due to a number of unfavorable factors, consolidate the principles of responsibility for environmental protection. They are formulated in the World Charter for Nature:

¦ the genetic basis of life on Earth should not be endangered;

¦ the population of every life form, whether wild or domesticated, must be maintained at least at a level sufficient for its survival; the habitat necessary for this should be preserved;

¦ The principles of nature conservation apply to all parts of the earth's surface - land or sea, atmosphere; special protection should be provided to unique areas and typical representatives of all types of ecosystems and habitats of rare or endangered species;

¦ Ecosystems and organisms used by humans, as well as land, sea and atmospheric resources, must be managed in such a way as to ensure and maintain their optimal and consistent performance, but without compromising the integrity of those ecosystems or species with which they coexist.

The use of natural resources is regulated principles of using natural resources:

¦ biological resources are used only within the limits of their natural ability to recover;

¦ the productivity of soils is maintained or improved by measures to preserve their long-term fertility;

¦ reusable resources, including water, are reused or recycled;

¦ non-renewable resources of single use are exploited in moderation, taking into account their reserves, rational possibilities of processing them for consumption and compatibility of their exploitation with natural systems.

Any discharge of pollutants into natural systems should be refrained from. It is regulated norms on the prevention of environmental pollution and other harmful effects on nature.If such exposure is unavoidable, then contaminants should be neutralized where they are produced using the most advanced means available to manufacturers. In addition, special precautions must be taken to prevent the dumping of radioactive and toxic waste. Activities that may have a harmful effect on nature should be controlled; in doing so, appropriate technology should be used to reduce the adverse effects on nature. In particular:

¦ it is necessary to refrain from activities that can cause irreparable damage to nature;

¦ it is necessary to refrain from activities fraught with increased danger to nature. Persons carrying out such activities must prove that the intended benefits from it are significantly greater than the damage that may be caused to nature, and in cases where the possible harmful effects of such activities are not clearly established, it should not be undertaken;

¦ activities capable of causing damage to nature should be preceded by an early assessment of their possible consequences; if a decision is made to conduct such an activity, it must be carried out on a planned basis and in such a way as to minimize its harmful effect;

¦ activities in the field of agriculture, cattle breeding, forestry and fishing should be carried out taking into account the characteristics and reserves of natural resources of these areas;

¦ areas that have fallen into decay as a result of human activities are subject to restoration in accordance with their natural potential and the requirements of the well-being of the population living in these areas.

A global partnership has been established to preserve, protect and restore the health and integrity of the Earth's ecosystem. It is grounded in an understanding of the shared responsibility that states bear due to their different roles in the deterioration of the global environment. Developed countries recognize the responsibility they have in the context of international efforts to achieve sustainable development, taking into account the technology and financial resources they possess. To effectively tackle environmental degradation, states must work together to create a supportive and open international economic system that will lead to economic growth and sustainable development in all countries.

States should develop national laws on liability and compensation for victims of pollution and other environmental damage. States shall cooperate to further develop international law relating to liability and compensation for the negative consequences of environmental damage caused by activities under their jurisdiction or control to areas outside their jurisdiction. States should cooperate effectively to contain or prevent the transfer to the territory of other states of any activities and substances that cause serious environmental damage or are considered harmful to human health.

In order to protect the environment, the precautionary principle is widely applied by States in accordance with their capabilities. Where there is a threat of serious or irreversible damage, lack of full scientific certainty cannot be a reason to delay the adoption of cost-effective measures to prevent environmental degradation.

Environmental impact assessment as a national instrument is carried out for proposed activities that may have a significant negative impact on the environment and are subject to approval by a decision of the competent national authority. The state shall immediately notify other states of any natural disasters or other emergencies that may lead to unexpected harmful consequences for the environment in these states.

The international community is doing its utmost to provide assistance to the affected States. States shall provide other States with prior and timely notifications and relevant information on activities that may have significant adverse transboundary impacts, and consult with these States at an early stage and in good faith. States should work together to strengthen national capacity-building activities for sustainable development. They act by sharing scientific and technological knowledge and enhancing the development, adaptation, diffusion and transfer of technologies, including new and innovative ones.

A separate group is formed by the norms that ensure the right to environmental information. In accordance with the Rio Declaration, everyone has the right to have access to government information related to the environment (including information on hazardous materials and activities), as well as the opportunity to participate in decision-making processes. States have a duty to develop and encourage public participation through the widespread provision of information, ensuring the use of judicial and administrative procedures, including judicial remedies.

Environmental protection is also carried out in cases of armed conflict. War inevitably has a destructive effect on nature. Therefore, states must respect international law that protects the environment during armed conflicts. Peace, development and environmental protection are interdependent and inseparable. States should resolve their environmental disputes peacefully and by appropriate means in accordance with the UN Charter.

In the "Agenda for the 21st century" adopted by the UN (2000), a strategy for the development of the world community is outlined, which provides for the implementation of the main tasks - preserving the environment and creating a healthy economy for all peoples of the world. This presupposes the protection of the environment and the rational use of natural resources, the preservation of the biological diversity of nature, the ecologically safe use of high technologies.

The implementation of these measures will ensure the positive dynamics of changes in the most important interrelated indicators, reflecting the stable functioning, balanced interaction of the social, economic and environmental spheres.

One of the areas of international environmental law - international protection of the marine environment,which is understood as a set of legal norms aimed at preventing pollution, preserving the resources of the World Ocean. The principle of protection of the oceans and its resources is enshrined in such international agreements as the International Convention for the Prevention of Marine Pollution by Oil (1954), the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972), the International Convention for the Prevention of Marine Pollution from Ships (1973; 1978 Protocol), UN Convention on the Law of the Sea (1982). In accordance with these acts, states are obliged:

¦ suppress all types of pollution of the marine environment by any substance, including oil, poisons, sewage, garbage dumped into the sea of \u200b\u200bloans;

¦ Prevent the deliberate burial of all hazardous substances and materials in the waters of the World Ocean;

¦ protect the living resources of the sea.

States have concluded special agreements, for example, the International Convention on the Regulation of Whaling (1946), the Convention on Fishing and the Protection of Living Resources in the Baltic Sea (1973), etc. The UN Convention on the Law of the Sea (1982) obliges the coastal state to adopt laws to prevent and reduce pollution relating to innocent passage through territorial waters, transit passage through straits, to the economic zone and activities in the International Seabed Area.

On a regional basis, agreements such as the Convention for the Protection of the Marine Environment of the Baltic Sea Region (1974), the Convention for the Protection of the Mediterranean Sea against Pollution (1976), etc.

International legal protection of the Earth's atmosphereis regulated by the Convention on Long-Range Transboundary Air Pollution (1979), which obliges states to develop the best environmental strategy, exchange information on pollutant flows, introduced technological processes. After the discovery of "ozone holes" over Antarctica, and then over the Arctic, the states signed the Vienna Convention (1985) and the Intergovernmental Agreement for the Protection of the Ozone Layer of the Earth (Montreal, 1987), according to which the production of freons, nitrogen fertilizers and other harmful substances is limited. ...

A large number of international agreements contain norms on the protection of flora and fauna: the International Convention for the Conservation of Birds (1950), the Agreement on the Conservation of Polar Bears (1978), the Convention on the Conservation of the Nature in the South Pacific Ocean (1976), the Convention on the International Trade in Wildlife Endangered Fauna and Flora (1973), Convention on the Conservation of Antarctic Marine Living Resources (1980).

The participation of international organizations in environmental protection is due to the need to monitor compliance with international agreements, coordinate global and regional systems for the exchange of scientific information and environmental monitoring. International organizations, as permanent structures with consolidated intellectual, technical and financial resources and political independence in relation to the participating states, are an effective tool for environmental protection.

A key role in this area belongs to the UN, which is the world forum for organizing international activities in the field of the environment. The activities of the UN have a worldwide scale, combining political, socio-economic and scientific and technical directions. It makes it possible to mobilize international governmental and non-governmental organizations and national resources to solve global environmental problems. One of the first UN actions in the field of ecology was undertaken in 1949, when a conference on nature conservation took place in Lake Success (USA). Subsequently, environmental problems took an important place on the agenda of many UN specialized agencies. The World Health Organization is addressing the impact of pollutants on human health. The World Meteorological Organization focuses its efforts on solving the problems of air pollution. The Food and Agriculture Organization has investigated the impact of environmental degradation on food production and addressed the problem of over-exploitation of fish stocks. UNESCO has assumed responsibility for the development of scientific knowledge about the environment.

A turning point in the UN's environmental activities can be considered the UN Conference on the Human Environment (Stockholm, 1972), which laid the foundations for a balanced and integrated approach to solving a wide range of environmental problems. The conference also influenced the internal politics of many states, whose national priorities previously lacked issues of nature protection. After this conference, many interstate and national environmental programs were developed, effective legal mechanisms for their implementation were created.

Within the framework of the Stockholm Conference, an Action Plan for the Human Environment was adopted. As part of this plan, the UN General Assembly established in 1972. United Nations Environment Program(UNEP). This program coordinates the activities of bodies and agencies of the UN system to integrate environmental elements into their activities and create new specialized organizations dealing with environmental issues. The overall management of the program is carried out by the Board of Governors, a body formed from representatives of 58 states, elected by the General Assembly for a period of 4 years on the basis of the principle of equitable geographical representation. Since 1987, the Council has met every two years. UNEP also includes a Secretariat based in Nairobi, Kenya, and a voluntary Environment Fund, established to finance, in whole or in part, selected environmental projects within the UN system.

UNEP operates in a so-called programmatic manner, which is implemented in three stages. The first stage involves collecting information on environmental problems and ongoing efforts to resolve them. At the second stage, goals and strategies are determined, individual activities are planned. At the third stage, the selection of events takes place, they receive support from the Environment Fund. The collection and dissemination of information is carried out by UNEP through the Global Observing System program. This program maintains the International Register of Potentially Toxic Substances; a service has been created to facilitate the international exchange of the most modern environmental information (INFOTERRA). This information is necessary for making environmentally sound decisions by different countries in all parts of the world. In particular, more than 50 countries received assistance from UNEP in the development of environmental legislation, which was expressed in the preparation of reports for governments, as well as recommendations and bills.

At present, UNEP is developing as a world environmental organization, which in the future can perform the functions of establishing and monitoring the use of the economic capacity of the biosphere, including the redistribution of UN financial resources.

Bodies and agencies of the UN system have made significant contributions to the development of international environmental law. Under their auspices, the Washington Convention on International Trade in Endangered Species of Wild Flora and Fauna (1973), the Geneva Convention on Long-Range Transboundary Air Pollution (1979), the Vienna Convention for the Protection of the Ozone Layer (1985), the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989), United Nations Framework Convention on Climate Change (1992), Guidelines for the Management of Shared Natural Resources (1978), Control of Marine Pollution from Land-Based Sources (1985), Conservation of Hazardous Wastes (1987) and etc.

Under the influence of the universal UN system, environmental issues have entered the sphere of competence of such organizations as the Council of Europe, OSCE, European Union, CIS, EuroAsEC, etc.