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Environmental Law as System - Essay Example

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The essay "Environmental Law as System " states that environmental law is a system of complex conventions, treaties, statutes, common law, policies and regulations which try to safeguard the natural environment which may be influenced, impacted or be at risk of extinction by human activities.  …
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Environmental Law as System
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Extract of sample "Environmental Law as System"

The principle of good neighborliness indicates that it is the duty of a state to inform and discuss with other states when it intends to engage in a program such as the construction of a power plant, which is likely to harm the environment of the neighboring state. In addition, it advocates for each state to encourage international co-operation by the exchange of scientific knowledge and technology (Hunter et al, 1997). The principle of due diligence or due care-the obligation to protect the rights of other states, with respect to the environment and natural resources is one of the basic principles of environmental protection and preservation law.

Apart from steady monitoring, there is an increasing emphasis on the duty of states, to take protective actions to maintain the environment. The principle requires states not to use the lack of full scientific certainty as a basis for postponing procedures to forestall ecological deprivation in situations where there are threats of grave damage (Hunter et al, 1997). Conventionally, natural resources located wholly within national boundaries have been considered to be within the national law, but resources shared by different nations such as rivers or migratory wildlife there is a need for international guidelines.

A state has complete sovereignty over resources within its borders, but when resources do not fall entirely within the territorial control of one State but overlap common political border, the concept governing collective resources is the universal obligation for equitable exploitation of such resources (Hunter et al, 1997). In conclusion, much of the international environmental law relates to an obligation to cooperate are more specific duties relating, for example, the exchange of information and the requirement to coordinate international scientific research.

Thus, the duty to inform and cooperate promotes a swap of information. Periodic reporting requirements are one of the most significant tools for monitoring the domestic execution of international environmental responsibilities. For example, countries are obligated to report on a broad range of activities, including efforts to curb environmental dilapidation (Hunter et al, 1997).

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