Environmental Laws Essay

The constant North South divide over enforcement of international environmental law plagues the operationalisation of many international treaties. Most developing countries are caught in a cleft stick. Whilst understanding the need for environmental action, they also require increasing industrial activity for achieving economic growth and poverty alleviation objectives, activities that entail definite enhancements in greenhouse emission. They are additionally constrained by their lack of resources and do not wish to divert what is available from developmental needs. Many developing countries also suffer from lack of necessary infrastructure and underdeveloped legal and judicial systems to be able to carry out treaty obligations in an organised and systemic manner. (Bell & Russell, 2002) Whilst many international agreements are worded to ensure their legal binding on signatory nations, these treaties do not become enforceable within a country until their enactment into domestic law is complete. Australia, for example, has signed on the Montreal Protocol and the World Heritage Convention and carried out appropriate domestic legislation. Apart from taking these legislative measures, the nation has enacted several laws for environmental regulation. (Lyster, 2004) The Environment protection and Biodiversity Act, 1999, is a key legislation that gives effect to the country’s international law obligations. Numerous other enactments like the amended Fisheries Management Act, 1991, The Maritime Legislation Amendment (Prevention of Pollution from Ships) Act, 2006, the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 also work towards enhancing environmental protection and bringing the domestic legal system in line with its international treaty obligations. (Australian Legal Information Institute, 2007) Domestic enactment of new laws, (as well as amendment of existing laws) is necessary because it makes the country’s commitment towards international environmental laws concrete and their provisions enforceable. In the absence of specific domestic legislation little action can be taken against environmental offenders and controlling environmental degradation becomes well nigh impossible. Compared to the Australian approach, which involves legal enactment and resolute enforcement of international law obligations, the actions adopted by a developing country like Bangladesh appear to be significantly inadequate. The country, (which became independent only in 1971), drafted a broad ranging environmental policy in 1991 but is still to enact any of its major features into law even though sixteen years have passed since. Factors like internal strife, lack of developed legal systems, and scarce resources, have prevented the country from moving forward on environmental action. Whilst economies like India and South Africa have been able to make significant progress on the environmental front, many developing countries in Africa, Asia and South America share Bangladesh’s problems and are thus unable or unwilling to abide by international environmental law obligations. (Mastny & French, 2002) 3. Conclusion The inherent weaknesses in rules of international diplomacy render many environmental treaties practically pointless. Seeing the abject non implementation of most environmental treaties by developing nations, international organisations are seeking new ways to toughen these agreements. While most such laws impose few penalties, peer pressure is emerging as a potent tool for this purpose. Some treaties also ask nations to report on the progress of promises made at the time of agreement. Beyond persuasion and embarrassment, trade incentives also help in securing compliance. Members of the Montreal Protocol, for example, are forbidden to purchase CFCs or products containing them from nations that have not agreed to the treaty, a condition that has led many nations to join the treaty and take action to reduce ozone depletion. (Bell & Russell, 2002) International agencies, sympathetic nations and NGOs can encourage soft laws through funding decisions and public campaigns. Soft laws tend to establish certain expectations-or create an international mindset-that can then form the basis for more permanent agreements. A large part of the inability of developing nations to act on accord occurs because of their poverty and constrained resources. Redressing this imbalance will depend largely on providing financial and technical assistance to developing nations-and ensuring that funds are well spent. References ASEAN Ministers Okay Agreement on Environmental Laws. (2006, November 12). Manila Bulletin, p. NA. Australian Legal Information Institute, 2007, Retrieved September 25, 2007 from www. austlii. edu. au Barrett, S. (2005). Environment and Statecraft: The Strategy of Environmental Treaty-Making. Oxford: Oxford University Press.