Evaluate the effectiveness of the legal system in protecting the global environment.
INTRODUC-TORY
IDEAS
Some key ideas we can consider: the need for global environmental protection change over time global problem – interdependence of nation states types of environmental problems faced? Climate change, biodiversity issues, deforestation, loss of species etc.
Making a judgement on effectiveness of international environmental protection
General / law reform introductory statements:
The growing interdependence of nation-states has led to greater international attempts to reduce impact of human interference with the environment on a global scale. Although much Federal and State legislation exist in Australia aimed at regulating domestic use of the environment, to date, the international community has largely been ineffective in regulating use of the environment. Ongoing law reform is required in order to meet global targets and ensure intra and inter generational equity, reform which to date has largely been ineffective particularly in response to increasing climate change and global warning concerns.
Legal processes and legal institutions introductory statements:
The effectiveness of domestic and international law in protecting the global environment is limited. Legal processes, such as international conventions and actions of NGOs placing pressure on domestic governments, and legal institutions such as the United Nations and International Court of Justice can act to protect the environment effectively. However, due to the notion of state-sovereignty there is a lack of legal enforcement that compromises protection of the environment for current and future generations. The concepts of intra-generational and inter-generation equity stipulate that both current and future generations have a right to a clean environment. More frequent international