International Law Institute

Under the Ministry of Justice of the Russian Federation

Volzhsky branch

Course work

On international law on the topic:

International environmental law

Volzhsky, Volgograd region

Introduction

Chapter 1. General provisions and concept of international environmental protection law

1.1 Concept and sources of international environmental protection law

1.2 Objects of international legal protection of the environment

1.3 Principles of International Environmental Law

2.1 International environmental organizations

2.2 International conferences on the environment

2.3 Russia's participation in international cooperation

3.1 International liability for environmental offenses

3.2 International Environmental Court

Conclusion

Bibliography

Man is part of nature. Outside of nature, without using its resources, he cannot exist. Nature will always be the basis and source of human life. In relation to a person, it performs a number of functions related to the satisfaction of his needs: ecological, economic, aesthetic, recreational, scientific, cultural and others.

Natural environment- a set of natural systems, natural objects and natural resources, including atmospheric air, water, land, subsoil, flora and fauna, as well as the climate in their relationship and interaction.

Favorable natural environment- such a state of natural objects that form the environment created by man, as well as the quality of life and conditions that meets the legally established standards and regulations regarding its purity, resource intensity, environmental sustainability, species diversity and aesthetic wealth

Environmental protection- activities for the preservation and restoration (if it is disturbed) of a favorable state of the environment, prevention of its degradation in the process of social development, maintenance of ecological balance.

Ensuring a favorable quality of the environment and the organization of rational use of natural resources is one of the most pressing problems not only in Russia or European countries, but also in the entire world community. Awareness of the onset of a global environmental crisis by the authorities of most states of the world in the middle of the last century led to the formation of international cooperation in the field of environmental protection and a dynamic change in the domestic environmental legislation of most countries of the world, including Russia. The proclamation of the human right to a healthy environment in the Declaration of Principles adopted at the 1972 UN Stockholm Conference on the Environment, as well as the signing by the Russian Federation of a number of international documents led to the implementation of international environmental norms and standards into Russian legislation. This led to the formation of environmental legal awareness among the population of Russia, the growth of the public environmental movement and the formation of judicial practice in cases of protecting the rights and legitimate interests of citizens in the field of environmental protection.

The specified dynamics was reflected in this coursework, containing a consideration of modern problems of ensuring environmental safety, due to the realities of the XXI century and the processes of globalization in the modern world.

Coursework object- the natural environment.

The subject is study of international rights in the field of environmental protection.

The purpose of the course work is to search for effective ways aimed at guaranteeing a favorable environment, environmental safety with the application of international legal environmental principles and norms.

Coursework objectives:

Study of the role of international environmental law;

Consideration of the principles of international environmental law;

Analysis of the activities of international organizations in the field of environmental protection;

Identification of international environmental offenses;

Development of measures and prospects for the improvement of ecological systems.

Methodological framework course work are the works of scientists in the field of international law, environmental law, as well as regulatory documents, legislative acts in the field of environmental law.

Formation of international environmental law. In its development, international environmental law has gone through several stages:

1) The first information about the consolidation of the norms of international environmental law came to us from the sources of the law of Ancient China (VII century BC). Thus, international treaties were concluded on the protection of rare breeds of animals and birds. The primacy of Eastern civilizations in this matter is not accidental. If the consciousness of Western civilizations is rigidly rational (they started talking about environmental protection only when there was nothing to eat, drink and nothing to breathe with), then the Eastern consciousness has always been aimed at contemplation and harmony with the environment.

2) The emergence of truly international, rather than local, norms of international environmental law can be attributed to the second half of the 19th century. - 1913 During this period, there was still no complete system of international legal treaties that comprehensively regulate environmental protection. However, individual measures are already being implemented (contracts are being concluded) for the protection of certain species of animals (for example, the Agreement on the Conservation of Fur Seals of November 6, 1897) or certain natural objects (for example, the Convention on the Navigation of the Rhine in 1868, which regulates the protection of the river from pollution ).

3) 1913 - 1948 November 17, 1913 in Bern at the I international conference devoted to the "international protection of nature", there was the world's first attempt to outline a plan of measures for the international protection of the environment as a whole, and not its individual elements. The conference was attended by representatives of science from 18 countries, including Russia. At the Conference, an Agreement was signed on the establishment of the Consultative Commission for the International Conservation of Nature. However, the meeting was mainly of an informational and organizational nature and did not work out any practical measures for the protection of nature.

4) 1948-1972 The beginning of this stage in international cooperation on environmental protection is associated with the creation of the United Nations and the first international environmental organization, created in 1948, which was initially called the "International Union for the Conservation of Nature". During this period, for the first time in world history, an international conference was prepared and held in Stockholm in 1972, which proclaimed the right of every inhabitant of the Earth to a favorable natural environment.

5) 1972 -1992 At this stage, in various international legal acts, a system of international legal guarantees of the human right to a favorable natural environment is emerging and manifests itself. At the same time, the greening of international law takes place, as well as the consolidation of the guarantee mechanism not only at the universal level within the UN system, but also at the regional level within the framework of such international bodies as the Council of Europe, OSCE, etc.

6) 1992 - up to this day. At the 1992 International Conference in Rio de Janeiro, the results of cooperation on these issues were summed up and long-term plans for the future were outlined (see Agenda for the 19th century).

Sources of international environmental law.

The sources of international law are understood as the corresponding legal forms in which the norms of international law are expressed - international customs, general principles, international treaties, decisions of international courts, international doctrines.

There are several grounds for classifications of sources of international environmental law.

All sources of international environmental law by legal force are divided into two groups:

1) Sources containing norms and rules recognized by states as binding norms: international treaties, resolutions of a number of international organizations binding on their participants, international custom and general principles.

There are several classifications of international treaties, for example, according to the number of participants, multilateral and bilateral treaties are divided; according to the territorial sphere of action, international treaties are divided into local, subregional, regional and global. Local agreements are aimed at solving local problems of environmental protection of border areas; subregional - for the protection of individual ecological systems; regional - for the protection of seas, rivers and adjacent regions; global - to protect the ozone layer of the Earth, the World Ocean, etc.

2) Sources that contain recommendations for environmental protection (the so-called norms of international "soft" law). Such recommendations are carried out by states voluntarily due to their high "moral value" and authority. Among them should be noted the resolutions of the UN General Assembly and the recommendations of international conferences. These resolutions include:

a) Resolution of the UN General Assembly of December 18, 1962 "Economic development and nature protection", in which an attempt was made to orient the international community to the search for a combination of environmental and economic interests of society, moreover, environmental protection means a set of measures, and not the protection of specific natural resources.

b) The UN General Assembly Resolution "On the Historical Responsibility of States for the Preservation of the Earth's Nature for Present and Future Generations", adopted in September 1980. In it, the UN called on all peoples and states to take measures to reduce the arms race and develop measures to protect the natural environment.

c) World Charter for Conservation of Nature dated October 28, 1982. The main focus of the charter is on environmental education.

Among the materials of UN international conferences, the Declaration of the 1972 UN Stockholm Conference and the Declaration of Principles approved at the 1992 UN conference in Rio de Janeiro should be noted.

Another classification of international treaties as a criterion highlights the connection between the subject of regulation of the treaty and environmental issues. For this reason, there are:

1. Agreements regulating non-nature protection relations regarding natural objects (for example, the legal regime of water bodies). Although such agreements do not contain environmental standards, they objectively contribute to the protection of natural objects.

2. Agreements regulating relations on the use of natural objects, but containing separate provisions on the protection of these objects (for example, the 1982 Convention on the Law of the Sea).

3. Agreements fully focused on the regulation of environmental protection. Among such treaties are the so-called framework agreements, which are of a global nature. These include the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment; Climate Change Convention of May 9, 1992; Convention on Biological Diversity of June 5, 1992, etc.

In recent years, the number of regional international agreements on environmental protection has been increasing. The peculiarity of these treaties of international environmental law is that they establish a more stringent protective regime for natural objects in comparison with global international treaties. Among the regional international treaties the following should be singled out: treaties on the use and protection of the Danube and the Black Sea; 1968 African Convention for the Conservation of Nature and Natural Resources; 1976 Convention for the Protection of the Mediterranean Sea against Pollution; 1980 Convention for the Conservation of Antarctic Marine Living Resources; 1973 Convention on Fishing and the Conservation of Living Resources in the Baltic Sea and Danish Straits, etc. Russia's bilateral cooperation with foreign states, in particular with the United States, Norway, China, Finland, Germany "! And other countries, is also intensifying."

Cooperation with the CIS member states is carried out within the framework of the Agreement on Interaction in the Field of Ecology and Environmental Protection dated February 8, 1992. In order to implement this Agreement, the Interstate Ecological Council and the Interstate Ecological Fund were established.

1.2 Objects of international legal protection of the environment

Objects of international legal protection of the environment - these are natural objects about which the subjects of international law have ecological relations. We distinguish two categories of such objects: international legal objects, the impact on which occurs from the territories of individual states, and objects, the impact on which occurs from the international territory or from the territory with a mixed regime. Let us immediately note the fact that some objects can belong to both the first and the second group (Scheme 1).

TO international legal entities, the impact on which occurs from the territories of individual states, include: air, inland waters, flora and fauna.

Air environment is the common heritage of mankind. The main harmful effect on the atmosphere occurs from the territories of individual states for such types of their activities as:

♦ Emissions of sulfur to the atmosphere generating acid rain.

♦ Emissions of carbon dioxide that contribute to the growth of the greenhouse effect.

♦ Use and leakage of chemicals that deplete the Earth's ozone layer.

♦ Leakage of radioactive substances into the atmosphere.

Inland waters- these are the waters of rivers and lakes, which, although they are located on the territory of individual states, are objects of international environmental law. Rivers, or rather watercourses, which are understood as a system of surface and groundwater, forming a single [(layer, attracted the attention of the international community for two reasons. First, some rivers flow through the territory of two or more states (international rivers). Second , river waters somehow get into international waters. Some lakes are subject to international legal protection due to their classification as a world natural heritage (for example, Lake Baikal, Lake Loman). The international community is trying to protect fresh waters of international importance from the following species pollution:

♦ detergents used in detergents and cleaning agents,

♦ pollution by chlorides used in water disinfection,

♦ discharge of oil and oil products.

As an example of the international protection of this object, we can cite the environmental disaster in Romania on January 31, 2000, when as a result of an accident at the AURUL enterprise, which mines gold in the Carpathians, almost 100,000 cubic meters of water with a high cyanide content entered the Tissa River, and from her to the Danube. In the first two days after the accident in Tisse, 80% of fish stocks perished. According to experts, it will take at least 10 years to restore the ecological balance of Tissa. Hungary has already filed a claim with international courts for compensation for damage to the environment and public health.

Fauna and flora belong to a mixed object of legal regulation, since the impact on them occurs both from the territory of individual states and beyond their borders. International protection is used by: endangered and rare species of flora and fauna, migratory species of animals, nature in certain regions. A number of specific areas of cooperation between states in this area can be distinguished:

♦ protection of flora: protection of plants, plant quarantine and their protection from pests and diseases, protection of tropical timber;

♦ protection of specific species of animals: Atlantic seals, Atlantic tuna, polar bears, listed in the World Red Data Book of endangered and rare species of animals;

♦ protection of habitats: wetlands, habitats of migratory birds.

International legal objects, the impact on which occurs from the international territory or from the territory with a mixed regime. These objects include: space, the World Ocean, objects of the common heritage of mankind, the use of nature for military purposes.

The World Ocean is an ecosystem capable of processing a huge amount of organic matter (in the concept of "World Ocean" we include both the waters of the oceans themselves and the waters of the seas). A sharp increase in the amount of waste products of humanity, their chemical composition, jeopardized the self-purification mechanism of the World Ocean, which has been forming for millennia. Environmental law prohibits or restricts the discharge of the following substances into the oceans:

Oil and petroleum products. Their long decay period and spread over large surfaces are especially dangerous. Thus, in November 2002, the Prestige tanker sank off the coast of Spain, and more than 500 kilometers of the coast was poisoned with oil. The Spanish Prime Minister said that the country is threatened by the largest environmental disaster in its history. Meanwhile, the formed oil spills have not been eliminated for a long time, causing significant damage to the aquatic biological resources of the Atlantic.

♦ Synthetic products, which include all types of plastics, including synthetic ropes, fishing nets and plastic trash bags. Their danger lies in their exceptional buoyancy.

♦ Poisonous substances, including organochlorine compounds, mercury, cadmium. These substances also include materials for biological and chemical warfare.

♦ Radioactive materials. International environmental law restricts the dumping and disposal of radioactive waste.

Space is the space outside the Earth's atmosphere. The economic use of outer space is still limited by the technical capabilities of mankind. However, the international community has already faced the problem of protecting this object from the so-called "space debris". Its accumulation in near-earth orbits (near space) can make it impossible for mankind to enter space further. Although it is impossible to do without the use of nuclear energy in space exploration, international environmental law restricts the testing of nuclear weapons in space. In this regard, the environmental immunity of some objects in outer space has been established, which means the removal from economic activities of objects that are the common heritage of mankind. In relation to space, environmental immunity extends to a celestial body such as the Moon.

Objects of the common heritage of mankind- these are territories that are not under the sovereignty of any state and have environmental immunity. These include: Antarctica, the Moon.

Use of nature for military purposes... International environmental law prohibits the hostile use of means of influencing the natural environment with the aim of causing harm to other states (weather, tectonic war, ecocide).

1.3 principles of international environmental law

The principles of international legal regulation are generally subdivided into three groups: general (generally recognized) principles of international law; principles of international law of environmental importance; special (sectoral) principles of international environmental law.

Special principles are formulated in the 1972 Stockholm Declaration, the World Charter for Nature adopted by the UN General Assembly on October 28, 1982, the 1992 Rio de Janeiro Declaration and other documents. The following basic principles should be highlighted:

1. The principle of rational use of natural resources, obliging states to manage and use natural resources in such a way as not to harm the integrity of ecological systems, as well as to carry out a series of measures for the reproduction and renewal of natural resources (1980 Convention on the Conservation of Antarctic Marine Living Resources, 1982 UN Convention on the Law of the Sea) ...

2. Principle of preventing environmental pollution means that states should not pollute the environment by introducing into it various harmful substances, which, in terms of their danger or due to their large amount, exceed the ability of the environment to neutralize and self-recover. States are obliged, by their actions, not to transfer damage or danger from one area to another, directly or indirectly, or to convert one type of pollution into another.

3. The principle of sovereignty of states over their natural resources means the sovereign right of states to develop their own natural resources in accordance with their policies in the field of natural resources, environmental protection and development. True, it has long ceased to have an absolute character.

4. Principle of no harm to the environment beyond the limits of national jurisdiction denotes certain boundaries, but the exercise by the state of sovereignty over natural resources. It requires states to ensure that activities carried out under their jurisdiction or control do not harm the environment of other states or areas. Moreover, even the presence of an armed conflict does not exempt the parties from fulfilling this requirement. If this institution was developed, and there was a sensitive scale for assessing environmental damage, this would ensure the implementation of an appropriate environmental policy of each state.

5. The principle of environmental protection during military conflicts directly follows from the above. It is most fully formulated in the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment.

6. The principle of environmental impact assessment. In recent years, the number of generally recognized principles of international environmental law of a preventive nature has been increasing, i.e. not related to compensation for damage already caused, but aimed at some preventive measures. This principle was laid down in the 1991 Convention on Environmental Impact Assessment in a Transboundary Context, the 1982 UN Convention on the Law of the Sea (Article 206), as well as in numerous regional treaties - the Convention on the Protection of the Environment of the Red Sea and Aden the 1982 Gulf, 1983 Convention on the Conservation and Development of the Marine Environment of the Caribbean Region, etc.

7. The principle of responsibility for damage to environmental systems of other states or international spaces. The system of measures of responsibility under international law does not apply criminal or administrative responsibility. The main type of responsibility for an international environmental offense is compensation for property damage. The most developed and frequently applied type of liability is compensation for damage caused by oil pollution of the sea (Brussels Convention on Civil Liability for Oil Pollution Damage 1969) and liability for damage caused by the use of nuclear power plants (see, for example, the Vienna Convention on liability for nuclear damage 1963).

Since disputes between states on issues of causing property damage are inevitable, in order to implement this principle in July 1993, a special collegium (chamber) was created at the International Court of Justice to consider interstate disputes in the field of environmental protection. One of the first cases before the court concerned damages to the environment caused by land degradation on the island of Nauru, which occurred while Australia was ruling the island. The court accepted the case on 26 June 1992, despite the fact that the claims for damages were for a period of 70 years. True, the parties subsequently entered into an amicable agreement.

Another option for resolving international environmental disputes is the consideration of cases in the International Court of Environmental Arbitration and Conciliation, which was established as a non-governmental organization in November 1994. Disputes are considered on the basis of an arbitration tribunal, i.e. the parties recognize the decision as binding on themselves in advance.

Chapter 2. International cooperation in the field of environmental protection

2.1 international environmental organizations

Currently, there are more than 100 different international organizations operating in the world, to one degree or another dealing with environmental protection problems (Scheme 2). All international organizations involved in relations regulated by international environmental law can be divided into two large groups: international governmental and international non-governmental (public) organizations.

International government organizations, subdivided, in turn, into global (worldwide) and regional.

United Nations is the most authoritative of the global international organizations. Along with the consideration of environmental issues at a meeting of the General Assembly, as well as the adoption of various resolutions and holding conferences, a specialized body has been created at the UN - UNEP (the PLO Environment Program). The structure of UNEP includes the Governing Council, the main intergovernmental body that directs its policy, the Secretariat headed by the Executive Director and the Environment Fund. By its legal nature, UNEP is a subsidiary body of the United Nations, although it enjoys a certain degree of autonomy in decision-making. Among the real results of UNEP activities, it is worth noting the UNEP initiative to sign the Montreal Protocol by States in 1987, which should help to reduce the damage caused by chemicals to the ozone layer of the atmosphere; The Basel Convention, initiated by UNEP in 1989, which aims to control international transport and disposal of hazardous wastes; organizing and holding an international conference in Rio de Janeiro 1992, etc.

Specialized international organizations. In addition to the UN, other specialized international organizations operate under its auspices:

a) International Atomic Energy Agency (IAEA) implementing the Nuclear Safety and Environmental Protection program.

b) United Nations Organization for Culture, Science, Education (UNESCO). Its main ecological function is to promote environmental education, upbringing and enlightenment, as well as the registration and protection of natural sites classified as World Heritage Sites.

c) The World Health Organization (WHO), whose main ecological function is to study issues of human health protection in the aspect of its interaction with the environment.

d) Agricultural and Food Organization of the United Nations (FAO), dealing with environmental problems in agriculture, in particular, the protection and use of land, forests, waters, wildlife, aquatic biological resources, etc.

k) The International Maritime Organization (IMO) deals with the problems of protecting seas from pollution, participates in the development of international conventions, but the fight against pollution of the sea by oil and other harmful substances.

f) The United Nations World Meteorological Organization (WMO) studies the human impact on the nature and climate of the planet through global environmental monitoring of the environment.

International non-governmental (public) environmental organizations. Their role in international environmental law is constantly growing. In addition to the Greenpeace movement, such international environmental non-governmental organizations as Ecology, Green Cross and others operate in the world.

Better known are such international non-governmental environmental organizations as the International Union for the Conservation of Nature and Natural Resources - IUCN, the World Wildlife Fund - WFDZ, the International Council on Environmental Law - IHRP, etc.

The main rule-maker in international law is the state. This is why the role of non-governmental environmental organizations in international rule-making is limited. However, the largest of them - the International Union for Conservation of Nature and Natural Resources, using its consultative status with some UN bodies and agencies, has the opportunity to officially present its own point of view on the draft documents considered at international conferences in intergovernmental bodies.

2.2 international conferences on the environment

One of the developed forms of international cooperation in the field of environmental protection is conferences, bilateral and multilateral, governmental and non-governmental. Hundreds, if not thousands, of conferences on environmental issues are held annually around the world. Depending on the goals, they serve as a means of exchange of experience in environmental protection, exchange of environmentally significant information, solutions to scientific and practical problems.

Two conferences held under the auspices of the UN are of particular interest and particular international significance.

Concerned about the sharp deterioration of the global environment caused by high levels of its pollution in the late 60s, the UN General Assembly came up with an initiative to hold an international conference, which would discuss and develop international measures to limit pollution of the human environment. In June 1972, the UN Stockholm Conference on the Human Environment was held, which adopted a Declaration of Principles and a Plan of Action. These documents were approved by the UN General Assembly and laid the foundation for regular activities for the protection of the environment within the UN.

In general, this Conference played a huge role in the development of international environmental law and the intensification of international environmental cooperation.

However, despite national and international efforts, the state of the global environment has continued to deteriorate since the Stockholm Conference. Concerned about this circumstance, the UN General Assembly created in 1984 the International Commission on Environment and Development and set before it the following tasks:

Propose long-term environmental strategies that would ensure sustainable development by the year 2000 and beyond;

Consider ways and means, using which the world community could effectively solve environmental problems, etc.

The result of the activities of the International Commission, headed by the Prime Minister of Norway, Gro Harlem Brundtland, was a fundamental work entitled Our Common Future, presented to the UN General Assembly in 1987 (translated and published in Russia by the Progress publishing house in 1989 .)

The main conclusion of this International Commission was the need to achieve sustainable socio-economic development, in which decisions at all levels would be taken with full consideration of environmental factors. The survival and further existence of mankind determine peace, development and the state of the environment. Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

At the initiative of the UN General Assembly in June 1992 in Rio de Janeiro, i.e. 20 years after the Stockholm Conference, the UN Conference on Environment and Development was convened. As the name of the conference suggests, its work was based on the ideas of the International Commission on Environment and Development. The importance attached to this Conference is evidenced by its scale and level. The Conference was attended by 178 states and more than 30 intergovernmental and non-governmental international organizations. 114 delegations were headed by heads of state and government.

Many issues were discussed at the Rio Conference, the main of which concerned three important documents:

Environment and Development Declarations,

A long-term program of further action on a global scale ("Agenda 21"),

Principles for the rational use, conservation and development of all types of forests.

In addition, two conventions - “On biological diversity” and “On climate change” were presented to the participants of the Conference and were opened for signature.

Agenda 21 is dedicated to today's pressing environmental issues and aims to prepare the world to meet the challenges it will face in the century to come. It determines the directions of activities of states, peoples and international organizations to address these problems.

The agenda contains 4 sections:

Social and economic aspects (national policies and international cooperation to accelerate sustainable development in developing countries, poverty alleviation, changing consumption patterns, population dynamics, protecting and promoting human health, promoting sustainable human settlements development, integrating environment and development into the process decision making);

Conservation and rational use of resources for development (protection of the atmosphere, an integrated approach to the use of land resources, combating deforestation, desertification and drought, sustainable development of mountainous regions, regulation of the use of toxic and hazardous substances, including waste and radioactive substances);

Strengthening the role of key populations (global action for women, children, youth, indigenous peoples and local communities, strengthening the role of various categories of workers, trade unions and other non-governmental organizations, etc.);

Means of implementation (financial resources and mechanisms, information, scientific, technological and organizational and legal means of solving environmental problems).

Agenda 21 was adopted without a signing ceremony by consensus of states. In terms of legal force, it is an act of "soft" international law and is of a recommendatory nature.

The implementation of the Agenda on a global scale requires $ 600 billion per year, including $ 125 billion, which should be paid by developed countries to developing countries. The participants in the Conference agreed that developed countries in 2000 and in subsequent years will provide developing countries with financial assistance in the amount of 0.7% of the gross national product of each developed country. Russia, other former republics of the USSR and the states of Eastern Europe entered the group of countries with "transitional economies" in respect of which the fulfillment of international financial obligations has been delayed.

The main instrument of the organizational and financial mechanism for the implementation of the Agenda is the Commission on Environment and Development, an agreement on the establishment of which was reached at the Conference in Rio.

The UN Conference on Environment and Development Declaration of Principles on Forests is the first global agreement on forests. It addresses the needs of both protecting forests as an environmental and cultural environment and using trees and other forms of forest life for economic development.

The statement argues that forests, with their complex ecological processes, are essential for economic development and the maintenance of all forms of life. Forests are used for timber, food and medicine, and are a treasure trove of many biological products that have not yet been discovered. They store water and carbon that could otherwise enter the atmosphere and turn into a greenhouse gas. Forests are home to many species of wildlife. In addition, they, with their peaceful greenery and sense of eternity, fulfill the cultural and spiritual needs of humankind.

According to the IBRD, by 2000 only 11 of the 33 countries currently exporting timber will have rainforests. At the same time, according to the calculations of the Cologne Institute of World Economy, the introduction of a ban on the import of tropical timber would bring losses to developing countries in the amount of $ 50 billion, which is equal to all financial assistance from the West to the Third World. It turns out that these countries are simply doomed to the destruction of their natural environment.

The Declaration's principles for forests include the following:

All countries should take part in “greening the world” through the planting and conservation of forests;

Countries have the right to use forests for their socio-economic development needs. Such use should be based on national policies consistent with sustainable development objectives;

Forests should be used in a way that meets the social, economic, ecological, cultural and spiritual needs of present and future generations;

The benefits of biotechnology products and genetic material derived from forests should be shared with the countries in which the forests are located on mutually agreed terms;

Planted forests are sustainable sources of renewable energy and industrial raw materials. In developing countries, the use of wood as a fuel is especially important. These needs must be met through sustainable forest management and the planting of new trees;

National programs should protect unique forests, including old forests, as well as forests of cultural, spiritual, historical or religious value;

Countries need sustainable forest management plans based on environmentally sound guidelines.

2.3 Russia's participation in international cooperation

In accordance with Article 92 of the Law "On Environmental Protection" "Principles of International Cooperation in the Field of Environmental Protection", the Russian Federation proceeds in its policy in the field of environmental protection from the need to ensure general economic security and the development of international environmental cooperation in the interests of this and future generations and is guided by the following principles:

· Everyone has the right to live in the most favorable environmental conditions;

· Every state has the right to use the natural environment and natural resources for development and meeting the needs of its citizens;

· The ecological well-being of one state cannot be ensured at the expense of other states or without taking into account their interests;

· Economic activities carried out on the territory of the state should not damage the natural environment, both within and outside its jurisdiction;

· Any types of economic and other activities, the environmental consequences of which are unpredictable, are unacceptable;

· Control should be established at the global, regional and national levels over the state and changes of the environment and natural resources on the basis of internationally recognized criteria and parameters;

· A free and unimpeded international exchange of scientific and technical information on the problems of the natural environment and advanced nature-saving technologies should be ensured;

· States should provide each other with assistance in environmental emergencies;

· All disputes related to environmental problems should be resolved only by peaceful means.

Thus, Russia recognizes the priority of international legal norms in the field of environmental protection.

Environmental protection is carried out at several international levels:

With other CIS countries;

With the Baltic countries;

With Eastern European countries;

With industrially developed states;

Developing countries.

Environmental protection objects are divided into:

· Used by all states (atmosphere, ozone layer, World Ocean);

· Used by several or many states (Antarctica, Baltic, Black, Barents seas);

· Used by two states (as a rule, border facilities - the Danube and Amur rivers, migratory animals).

The Russian Federation participates in more than 50 international environmental treaties, conventions and agreements. Our country was one of the initiators and became a party to the signing of historic international agreements:

Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment (1977)

Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. Now, with the participation of Russia, the Convention on Long-Range Transboundary Air Pollution (1979), the Convention on the Protection of the Black Sea against Pollution (1992), the Convention on the Transboundary Effects of Industrial Accidents (1992), the Convention on International Trade in Wildlife flora and fauna endangered (1973), etc.

In 1992, in Moscow, the CIS countries entered into an intergovernmental agreement on interaction in the field of ecology and environmental protection. In accordance with it, in July 1992, at a meeting in Minsk, the heads of the environmental departments of the states parties to the agreement signed a Protocol on the establishment and powers of the Interstate Ecological Council (MEC). This council was established to harmonize the environmental activities of states. The Secretariat of the Council was created as a working body. The activities of the Secretariat are recorded by the Interstate Ecological Fund. The annual contributions of the members of this fund are equal to 0.05% of the gross national income of each country. The main task of the fund is to finance interstate environmental programs. The Council approved a list of the most vulnerable natural zones in the territory of the Commonwealth countries: the Chernobyl zone, the Amu Darya and Dnieper basins; Lake Balkhash; Black, Azov, Caspian seas; Priaralye. Currently, several agreements are being developed between the CIS countries: on the protection and use of migratory species of birds and mammals and their habitats; about rare, endangered species of animals and plants; on cooperation between MEA and UNEP.

Bilateral cooperation between Russia and the United States, the Scandinavian countries and Germany is actively developing.

At a regular session of the Russian-American Commission on Economic and Technological Cooperation, a joint statement on environmental protection was signed. The US government has expressed its readiness to provide technical assistance and support to specific Russian environmental projects - this is cooperation on the problems of Lake Baikal; air quality management (Volgograd); education and training of personnel.

An agreement was signed between the Government of the Russian Federation and the Government of the Republic of Finland on the implementation of cooperation projects in the field of environmental protection at facilities located in the Republic of Karelia, Leningrad, Murmansk, Novgorod, Pskov regions and St. Petersburg. The list of priority projects includes: construction of water treatment facilities and a complex waste processing plant; introduction of environmentally friendly processes in the woodworking and machine-building industries.

The main areas of cooperation with Norway are related to the study of problems of local environmental pollution by the Pechenganikel plant, as well as pollution of the Barents and Kara Seas.

During the session of the Russian-Danish Commission on Environmental Protection, a large program of actions was outlined, more than 20 projects were identified for joint implementation.

Russian-German cooperation is developing, in particular, in solving environmental problems in the Tula and Kaliningrad regions, in the area of ​​Lake Baikal. Completed work on the implementation of the IRIS project (creation of a radiological monitoring system) in the locations of nuclear power facilities. At the Smolensk nuclear power plant, equipment was installed and put into operation, the collection of information on the radiological situation, its processing and exchange with Germany was established. Then the IRIS project will be introduced at the Kursk and Leningrad stations.

Bilateral contacts and cooperation with the Netherlands, Canada, Great Britain and China continue.

Chapter 3. International offenses in the field of the environment

3.1 international liability for environmental offenses

The problem of international responsibility of states is one of the most difficult in international law and does not have an unambiguous solution either in doctrine or in the practice of interstate communication. It is fundamental to the maintenance of international law and order. Under international liability for environmental offenses means the offensive for a subject of international environmental law that has violated its requirements, adverse consequences (Scheme 3).

The basis for the application of international responsibility is an environmental offense, which manifests itself mainly either in the failure of the subject of international environmental law to fulfill its international obligation, or in causing environmental damage through oil pollution of the sea, transboundary environmental pollution of a neighboring state, etc.

An important element of an international environmental offense is the causal relationship between the unlawful behavior of a subject of international law and the environmental damage caused. The guilt of the offender is essential. Simultaneously, in modern international practice, innocent or objective (strictliability) liability is also applied.

In accordance with modern international law, international offenses are subdivided into crimes and torts. The concept of an international crime is defined in Art. 19 of the Draft Articles on International Responsibility developed by the International Law Commission (Scheme 4). It is an international legal act resulting from a violation by a State of an international obligation so fundamental to the vital interests of the international community that its violation is viewed as a crime against the international community as a whole. Under international environmental law, international environmental crimes may, inter alia, result from a grave breach of an international obligation fundamental to the protection of the environment, such as an obligation to prohibit massive pollution of the atmosphere or seas.

Any international legal act that is not an international crime is recognized as an international tort, or an ordinary offense.

International law provides for two types of responsibility of the state: material and non-material (political). Material liability is applied through reparation, i.e. material, mainly monetary damages, or restaurants, i.e. restoration of the disturbed state of the natural environment. International practice shows that damage to the natural environment, as a rule, entails compensation only for direct damage.

Intangible (political) responsibility is applied in different forms: satisfaction (for example, apologizing, punishing the perpetrators by the state), application of economic and other sanctions up to the use of armed force.

It is characteristic that only a few international conventions, treaties and agreements provide for liability measures. As a rule, they do not establish specific sanctions for committed environmental offenses. In some international acts in the field of environmental protection, concerning its pollution, liability is regulated in sufficient detail.

Thus, the Brussels Convention on Civil Liability for Oil Pollution Damage (1969) established the objective liability of the shipowner for oil pollution damage caused in the territorial waters of a coastal state by ships belonging to a state signatory to the Convention, which are used for commercial purposes. The owner of the vessel is responsible for any damage from marine pollution that results from oil spills or discharges.

This Convention provides for compulsory liability insurance for pollution damage when a ship transports more than 2000 tons of oil in bulk. As an alternative to insurance, the Convention gives the shipowner the opportunity to provide other financial security, such as a bank guarantee or a certificate issued by an international compensation fund, for an amount corresponding to the limit of liability established by the Convention. Each ship that complies with this requirement is issued a certificate. In its absence, the ship may be prohibited from entering or leaving the port of a State party to the Convention.

The Brussels Convention sets the liability limit equal to 210 million conventional gold francs (2 thousand francs for 1 register ton of the ship's tonnage). The owner of the vessel may be released from liability if he proves that the damage:

Was the result of hostilities, hostilities or acts of nature;

Was wholly caused by an act or omission of a third party with intent to cause damage or

Was wholly caused by the negligence or other misconduct of the government or other authority responsible for maintaining the order of lights and other navigational aids. The Geneva Convention on Civil Liability for Damage Caused during the Carriage of Dangerous Goods by Road, Rail and Inland Waterways (1989) established that the carrier is liable for damage caused by any dangerous goods in the course of its carriage from the moment of the incident. As under the Brussels Convention, the carrier is exempt from liability if he proves that the damage was the result of hostilities, hostilities or acts of nature; caused by the action of third parties with intent to cause damage.

A special example of the assignment of international responsibility for harm caused to the natural environment is the responsibility applied as a result of hostilities. Despite the operation of the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment (1977), deliberate large-scale destruction of the natural environment for military purposes was carried out during the Gulf War. A few days after the start of the war, the actions of Iraqi troops led to the spill of 6-8 million barrels of Kuwaiti oil into the waters of the Persian Gulf. In 4 days of bombing, Iraq blew up most of Kuwait's 1,250 oil wells, causing fires in nearly 600 oil wells and flooding vast areas of the country with oil. The UN Security Council, in Resolution No. 687 of April 3, 1991, reaffirmed the responsibility of Iraq to foreign states, individuals and legal entities for damage to the environment and for the destruction of natural resources as a result of the invasion of Kuwait. In accordance with this resolution, a fund was created, to which funds must come from Iraq in the amount of about a quarter of its annual income from oil production. These funds were intended to cover damage, which was estimated at $ 50 billion.

3.2 international environmental court

In the practice of the world community, environmental disputes arise that require resolution by international bodies. For this purpose, in July 1993, a "chamber on environmental issues" was created within the International Court of Justice (The Hague).

On the initiative of a group of lawyers at a founding conference held in Mexico City in November 1994, the International Court of Environmental Arbitration and Conciliation (International Environmental Court) was established. He is a non-governmental organization. The first panel of judges includes 29 environmental lawyers from 24 countries. The Russian representative is also a member of this court.

The activities of the International Environmental Court are governed by its charter, according to which the court resolves international disputes on environmental protection and nature management in three forms:

a) by consulting interested parties at their request based on a legal analysis of a specific situation;

b) by reconciliation of the disputing parties based on the adoption of a compromise solution to the disputable situation, which suits both parties. The decision can be formalized in the form of an agreement, executed voluntarily on a reciprocal basis;

c) by conducting a full-fledged judicial and arbitration process at the mutual request of the parties with the adoption of a decision, which the parties recognize as binding in advance.

Consideration of disputes in the International Environmental Court is based on the principles of an arbitration court. The parties themselves decide to go to court and elect from among its members three or more judges to consider the case.

The circle of persons who can apply to the International Environmental Court is unlimited. These can be individuals, public organizations, government agencies, including governments.

The International Environmental Court can hear a wide range of disputes. It includes disputes related to environmental pollution of a neighboring state and compensation for environmental damage; non-admission, suspension or termination of environmentally harmful activities. It also considers disputes related to the use and protection of natural resources shared by two or more states. Some others include disputes over the protection of citizens' environmental rights.

Consideration of cases in the International Environmental Court is based on international environmental law, national legislation of the parties, and precedents.

Our generation has witnessed dramatic events that have changed the nature of man's relationship with his environment. The rapid growth of the population of the Earth, as well as scientific and technological progress, contribute to an increase in the human impact on the environment.

Environmental issues are not limited to individual countries or regions - they have become global in nature. The need to solve them on a global scale presupposes the unification of efforts of the international community, the development of international cooperation in order to protect the environment. The objective laws of nature determine environmental requirements. The environment around us is a single whole, an integral part of the planetary ecological system. For example, as a result of harmful emissions from the industry of one country, acid rain falls in another country, since the countries are linked by inextricable ecological ties, which ultimately leads to a change in the planetary processes of life on Earth. It should also be noted that great damage to the planetary ecosystem has been caused by nuclear tests in Russia, the USA, France, and China. The accident at the Chernobyl nuclear power plant, where five regions were contaminated with radioactive substances, certainly had an impact on the planet as a whole.

An important basis for cooperation between states in the field of environmental protection is its international legal regulation. It is increasingly being formed as international environmental law, which is an independent branch of law, the objects of which are: space, the world's oceans, international rivers, atmospheric air, individual objects of the animal world, etc.

The development of international legislation in the field of environmental protection is due to the problems of the growing environmental crisis.

As a result of economic activity, the greenhouse effect is intensifying. A doubling of the carbon dioxide content in the atmosphere will cause a general rise in temperature, which, in turn, will lead to a sudden catastrophic change in the climatic state of the Earth. A rise in temperature will increase the content of water vapor in the atmosphere, exacerbating the greenhouse effect and thus speeding up this process.

The rise in sea levels and the potential for flooding of entire regions in different parts of the planet are of grave concern. If the latest forecasts of scientists are confirmed, then the greatest devastation threatens countries such as Bangladesh, India, Egypt, Indonesia, Pakistan, Thailand, China. Unfortunately, this list is not exhaustive.

The uncontrolled destruction of forests, especially tropical forests near the equator, is very dangerous. These forests are the most important sources of the diversity of flora and fauna on Earth. They are the lungs of our planet. But at the same time, they are the most vulnerable among all ecosystems on Earth. It is believed that at least half of the living organisms known to science live in tropical forests, and they are not able to exist in any other living environment.

The imperfect development of waste processing technology, as well as an irresponsible attitude to the problems of garbage disposal, can lead to littering of a large amount of land. The question of the methods of disposal of hazardous waste has been raised more than once in recent years, but it has not yet been fully established which waste and to what extent harm human health. Burning garbage can lead to air poisoning, and is already creating a new type of even more dangerous waste - toxic ash. If during incineration up to 90% of the mass of garbage is destroyed, then 10% is stored in the form of ash and ash, in which the most toxic substances, in particular, heavy metals, are concentrated. Choosing a disposal site for highly toxic ash is even more difficult than disposing of simple waste.

The listed problems require urgent measures to reduce the degree of environmental hazard, they include:

· Dissemination of reliable information on environmental hazards;

· Market mechanisms and tightening of existing rules;

· Strict control over the implementation of these rules;

· Cooperation with other departments and states.

All these measures are aimed at ensuring environmentally sustainable development, including the transition from socio-economic to socio-ecological development, based on a nature-saving economic mechanism to meet the needs for scientific and technological progress, environmental education, international environmental risk management, mainly the risk of economic activities and natural spontaneous processes.

1. Anisimov A.P., Ryzhenkov A.Ya., Chernomorets A.E. Environmental law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p.

2. Akhatov A.G. Ecology and international law. - M .: AST-PRESS, 1996. - 512 p.,

3. Balashenko S.A., Makarova T.I. International legal protection of the environment and human rights. Tutorial. - Minsk, 1999 .-- 345 p.

4. Brinchuk M.M. Environmental law (environmental law): Textbook for universities. - M .: Jurist, 1998 .-- 688 p.

5. Govorukha L.S. Fundamentals of General Ecology and International Cooperation in the Field of Nature Protection. - Kiev, 1991 .-- 256 p.

6. Erofeev B.V. Collection of the latest environmental legislation of the Russian Federation. - M., 1996 .-- 467 p.

7. Erofeev B.V. Environmental law of Russia. Textbook. Second edition, revised. and add. - M .: "Yurist", 1996. - 624 p.

9. Kuznetsova N.V. Environmental law: Schemes, comments / Tutorial. - M .: Novy Jurist, 1998 .-- 144 p.

11. Environmental protection. Article-by-article commentary on the law of Russia. - M., 1993.

12. Petrov V.V. Environmental law of Russia: Textbook for universities. - M .: BEK, 1996 .-- 487 p.

13. Truntsevsky Yu.V. Environmental law of Russia: Textbook. - M .: PRIOR Publishing House, 1999 .-- 112 p.

15. Fedtsov V.G., Fedtsova A.V., Yezhov Yu.A. Environmental law of Russia: A course of lectures. - 2nd ed. - M .: Publishing and trade corporation "Dashkov and K 0", 2006. - 574 p.

16. Effective legal responsibility in environmental protection. / Resp. ed. O.S. Kolbasov, N.I. Krasnov. - Moscow: Nauka, 1985 .-- 326 p.

17. http: // revolution.

Scheme 1. The main objects of international environmental cooperation

Scheme 2. Major international environmental organizations

Scheme 3. Environmental offense

Scheme 4. Types of environmental crimes

Brinchuk M.M. Environmental law (environmental law): Textbook for universities. - M .: Jurist, 1998 .-- 688 p.

Truntsevsky Yu.V. Environmental law of Russia: Textbook. - M .: PRIOR Publishing House, 1999 .-- 112 p.

Anisimov A.P., Ryzhenkov A.Ya., Chernomorets A.E. Environmental law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p.

A.G. Akhatov Ecology and international law. - M .: AST-PRESS, 1996. - 512 p.,

Anisimov A.P., Ryzhenkov A.Ya., Chernomorets A.E. Environmental law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p.

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14. International legal protection of the environment

14.1. Basic principles of international cooperation in the field of environmental protection
14.2. International organizations in the field of environmental protection

14.1. Basic principles of international cooperation in the field of environmental protection

The need to strengthen international relations in the field of environmental protection is due to the fact that at present states are faced with a large number of environmental problems, becoming dependent on each other. The destruction of the ozone layer of the Earth, climate warming, pollution of the air and the World Ocean, depletion of natural resources, radioactive pollution of the environment spreads not only to individual countries, but also to the entire world community. Therefore, at present, states, under the auspices of the UN or on a bilateral basis, cooperate to protect the environment and natural resources, based on a number of generally recognized principles and norms of international law. They are enshrined in interstate acts (both bilateral and multilateral), in the normative documents of international organizations and are reflected in the decisions of international conferences devoted to one degree or another to environmental protection and rational use of natural resources.
For the first time, the principles of international cooperation in the field of environmental protection were enshrined in the Declaration of the UN Stockholm Conference on the Problems of the Human Environment (1972). These principles were further developed and reflected in the Declaration on Environment and Development, which was unanimously adopted by the participants of the UN conference in June 1992 in Rio de Janeiro (Brazil) and proclaimed the following principles1:
- protecting the environment for the benefit of present and future generations. Its essence boils down to the obligation of states to cooperate, to take all necessary measures to preserve and maintain the quality of the environment, 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;
- inadmissibility of transboundary damage. It provides for the prohibition of such actions by States within their jurisdiction or control that would cause damage to foreign environmental protection systems and common areas, and implies responsibility for its infliction;
- environmentally sound, rational use of natural resources. This principle was proclaimed as a political requirement in the UN Declaration on the Environment of 1972. The emergence of this principle is quite natural, because the exhaustion of such non-renewable natural resources as oil, gas, coal, in modern conditions of undeveloped projects of alternative energy sources will lead to the collapse of technogenic civilization ... The depletion of air and drinking water supplies will call into question the very existence of mankind. But, despite the obvious importance of this principle, its use is hampered by its general content, which needs a clear uniform interpretation. The essence of the principle is to maintain natural resources at the optimum permissible level, i.e. the level at which the maximum numerical productivity is possible and there can be no tendency towards its decrease, as well as in the scientifically based management of living resources;
- inadmissibility of radioactive contamination of the environment. This principle covers both the military and the peaceful areas of the use of nuclear energy. Its formation and approval is embodied not only in contracts, but also in practice;
- protection of the ecological systems of the World Ocean. This obliges states to take all actions to prevent, reduce and control pollution of the marine environment from all possible sources; not directly or indirectly transfer damage or pollution hazard from one area to another and not convert one type of pollution to another; ensure that the activities of States and persons under their jurisdiction or control do not harm other States and their marine environment through pollution, and that pollution resulting from incidents or activities under the jurisdiction or control of States does not spread beyond areas where these states exercise their sovereign rights;
- prohibition of military or any other hostile use of means of impact on the environment in a concentrated form. This expresses the obligation of states to take all necessary measures to effectively prohibit such use of means of impact on the environment, which have wide, long-term or serious consequences as methods of destruction, causing harm to any state;
- ensuring environmental safety. This principle is only being formed in recent years. It reflects, first of all, the global and extremely acute nature of international problems in the field of environmental protection. The elements of this principle can be considered 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;
- control over the observance of international agreements on environmental protection. It is envisaged to create, in addition to the national, an extensive system of international control and monitoring of environmental quality, which should be carried out at the global, regional and national levels on the basis of internationally recognized criteria and parameters;
- international legal responsibility of states for environmental damage. This principle provides for liability for significant damage to ecological systems beyond the limits of national jurisdiction or control. This principle has not yet taken shape, but its recognition is gradually expanding. From August 26 to September 4, 2002, the 13th Conference of the World Summit for Sustainable Development was held in Johannesburg (South Africa). The summit addressed five critical topics: the state of water resources and sanitation, energy supply, health, agriculture and biodiversity. All these issues are of great importance to the whole world, but they especially concern developing countries.
The top priority of the summit was to draw up plans to improve the quality of life of the population of many states that currently do not have the necessary sanitary conditions for existence, access to clean drinking water, and nutritious food.
Unfortunately, the summit participants did not reach agreement on key environmental issues.

International legal protection of the environment is a set of principles and norms of international law that constitute a specific branch of this system of law and regulate the actions of its subjects (primarily states) to prevent, limit and eliminate environmental damage from various sources, as well as rational, ecologically reasonable use of natural resources.

International legal protection of the environment has now clearly stood out in the system of general international law as an independent, specific area of ​​regulation. The emergence of more and more types and areas of human interaction with the environment expands the subject of international legal regulation for the protection of the environment.

At the present stage, the main and established ones can be considered: prevention, reduction and elimination of environmental damage from various sources (primarily through pollution); ensuring an environmentally sound regime for the rational use of natural resources; ensuring a comprehensive regime for the protection of historical monuments and natural reserves; scientific and technical cooperation of states in connection with environmental protection.

The system of international legal regulation of environmental protection has an internal structure, fairly stable relationships, as well as its own regulatory framework and sources. The authoritative opinion was expressed in the domestic legal science that it also possesses its own institutions. The term "international environmental law" (MEA) is practically settled.

The final completion of the formation of MEAs as an independent branch of international law would be greatly facilitated by its codification. This issue has been repeatedly raised within the framework of the United Nations Environment Program (UNEP). A universal codification act, by analogy with other branches of international law, would make it possible to systematize the principles and norms that have developed in this area, thereby securing the legal basis for equal and mutually beneficial cooperation between states in order to ensure environmental safety.

Basic principles. Each state, exercising the right to pursue the policy it needs with respect to the national environmental system, must comply with the generally recognized principles and norms of modern international law. With the aggravation of the problem of the transfer of pollution beyond the territory of one state over long distances (transboundary pollution), it is important to observe such fundamental principles as respect for state sovereignty, sovereign equality of states, territorial inviolability and integrity, cooperation, peaceful resolution of international disputes, international legal responsibility ... All environmental protection treaties originate from them.

Special principles. Protecting 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 MEAs. Its essence boils down to the obligation of states, in a spirit of cooperation for the benefit of the present and future generations, 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.

Inadmissibility of causing transboundary damage. This principle prohibits actions by states within their jurisdiction or control that would damage foreign national environmental systems and common areas. Deriving from the fundamental principle of respect for state sovereignty, this special principle of MEA imposes certain restrictions on the actions of states on their territory, and also implies the responsibility of states for causing environmental damage to the environmental systems of other states and areas of common use. This principle was first formulated in the 1972 UN Stockholm Declaration on the Environment. Subsequently, it was widely confirmed by international practice and received almost universal recognition.

Environmentally sound rational use of natural resources was proclaimed as a political requirement in this UN Declaration and over the next years was introduced into international legal practice. But despite the fairly broad contractual application, this principle is still too general in content that needs a clear uniform interpretation. It is characterized by the following elements: 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; maintaining the used natural resources at the optimal permissible level, that is, the level at which the maximum net productivity is possible and there can be no tendency to decrease it; scientifically sound management of living resources.

The principle of the inadmissibility of radioactive contamination of the environment covers both the military and peaceful areas of the use of nuclear energy. The formation and approval of this special principle of MEAs proceeds both by contractual and conventional means, in compliance with the existing international practice by the states. In this regard, in the domestic legal literature, it was reasonably emphasized that one of the sides of the process of formation in modern international law of the principle of the inadmissibility of radioactive contamination of the planet is the observance of the rule excluding the "peaceful" harmful contamination of the biosphere with wastes of the nuclear industry, transport, etc.

Elements of the principle of inadmissibility of radioactive contamination of the environment (for example, the current norm on the prohibition of radioactive contamination of the atmosphere, outer space and the bottom of the World Ocean as a result of nuclear test explosions, as well as some still emerging norms) should be one of the most important links in the environmental protection mechanism.

The principle of protecting the ecological systems of the World Ocean 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 transform one type of pollution into another; ensure that the activities of States and persons under their jurisdiction or control do not harm other States and their marine environment through pollution, and that pollution resulting from incidents or activities under the jurisdiction or control of States does not spread beyond areas where these states exercise their sovereign rights. This principle is most fully reflected in the 1982 UN Convention on the Law of the Sea (Articles 192-195).

The principle of prohibition of military or any other hostile use of means of influencing the natural environment in a concentrated form expresses the obligation of states to take all necessary measures to effectively prohibit such use of means of influencing the natural environment, which have wide, long-term or serious consequences as methods of destruction, damage or causing harm to any state. As a norm, it is enshrined in the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, as well as in Additional Protocol 1 of 1977 to the 1949 Geneva Conventions for the Protection of Victims of War.

Ensuring environmental safety as a principle has begun to take shape in recent years. It reflects, first of all, the global and extremely acute nature of international problems in the field of environmental protection.

The principle of control over the observance of international treaties on "environmental protection envisages the creation, in addition to the national, of an extensive system of international control and monitoring of the quality of the environment. They should be carried out at the global, regional and national levels on the basis of internationally recognized criteria and parameters.

The principle of international legal responsibility of states for environmental damage provides for liability for significant damage to ecological systems beyond the limits of national jurisdiction or control. This principle has not yet taken shape, but its recognition is gradually expanding.

The development of MEAs is also characterized by the introduction into international legal practice of agreements on consultations, control over quality and changes in the environment, early notification of projected significant changes in the state of the environment, etc. They lead to the formation of a system of preventive actions aimed at preventing damage to the environment.

In the scientific world, different terms and definitions are applied to this area. In addition to the concept of "environment", the following terms are used: "nature management", "natural resources", "natural environment", etc.

What does the concept of "environment" include? What objects of natural "living" nature fall within the scope of regulation of international law. This:

Flora and fauna (flora and fauna);

Water and air pool (hydrosphere and atmosphere);

Soil (lithosphere);

Near-Earth space;

Artificial natural structures (reservoirs, reserves, canals, etc.)

Since the environment includes a number of natural components of the conditions, there are several categories of natural objects protected by international law:

1) the World Ocean;

2) Continents (land of the Earth);

3) Atmospheric air;

4) Space - all space that lies outside the Earth and its atmosphere. With the development of technical progress, the outer boundaries of this object are moving away from the Earth.

At the present time, a part of space, including the Moon and the planets of the solar system, needs international legal protection.

By legal affiliation, natural objects are divided into:

1) domestic, i.e. under the national (state) jurisdiction or control of individual states.

2) international, international - beyond national jurisdiction and control: the oceans, outside the territorial waters, continental shelf and economic zones, Antarctica, part of the atmosphere and space.

Environmental protection includes three interrelated levels: national, regional and global.

These levels differ not only in terms of territoriality, but also in the complexity of the problems presented; by the number of subjects of international law involved; on material, technical and financial support; by the number of international legal acts used to protect the environment.

National legislation is used primarily for environmental protection within the territorial jurisdiction of states.

Universal international legal treaties regulate the protection of the environment in territories with an international regime / the high seas, Antarctica, outer space and celestial bodies, the seabed outside the continental shelf /.

Regional agreements are aimed at protecting the environment in separate, fairly large areas of the Earth. In this case, these regions are of interest for the protection of several states / international rivers, straits, canals, border natural complexes, etc. /.

The principles and norms of international law aimed at protecting the environment at these three levels in their totality in the system constitute international environmental law. A separate branch of international law.

International environmental law / MEP / - is a system of principles and norms governing the relations of subjects of international law on the protection and rational use of natural resources on Earth.

Principles of international legal protection of the environment s. The principles of environmental protection are an integral part of this branch of international law. They are classified into:

1. Generally recognized / basic / principles of international law.

2. Sectoral / special / principles of international environmental law.

All the basic principles of international law are regulators of legal relations in the field of protection and rational use of the human environment. At the same time, international legal protection of the environment has its own specific principles.

1. The environment is a common concern of humanity. The rationale behind this principle is that the international community at all levels can and should protect the environment jointly and separately. This principle is not new, it is applied in various branches of international law (protection of human rights, international labor law, international humanitarian law, etc.). With regard to environmental protection, the principle under consideration is enshrined in many international treaties. For example, the preamble to the 1946 international convention on the regulation of whaling states that the peoples of the world are interested in preserving for future generations the enormous natural wealth that herds of whales represent. The Preamble of the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter recognizes that the marine environment and the living organisms that feed on it are of vital importance to humans, and all people have a stake in ensuring that this environment is managed in a way that does not degrade its quality and resources. The preamble to the 1968 African Convention on the Conservation of Nature and Natural Resources emphasizes that soil, water, flora and fauna are vital to humankind. Finally, the preamble to the 19992 Convention on Biological Diversity affirms that the conservation of biological diversity is a common challenge for all humankind.

2. The natural environment outside the state borders is the common heritage of mankind. Natural resources beyond the limits of national jurisdiction are common property, and their preservation is the task of all states and peoples.

3. Freedom to explore and use the environment and its components. All states and international intergovernmental organizations have the right to carry out lawful peaceful scientific activities in the environment without any discrimination.

4. Rational use of the environment. The exploitation of natural resources should be carried out at the most economical and sustainable level. States are obliged to implement effective measures for the reproduction and renewal of natural resources.

5. Promotion of international cooperation in the research and use of the environment.

6. Interdependence of environmental protection, peace, development, human rights and fundamental freedoms.

7. A cautious approach to the environment. Lack of scientific results cannot be a reason to delay the adoption of significant measures to prevent damage to the environment. This principle is enshrined in Principle 15 of the RIO-92 Declaration as follows: in order to protect the environment, states, depending on their capabilities, widely apply the precautionary principle. Where there is a threat of serious or irreversible damage, lack of full scientific certainty is not used as an excuse or delay for taking cost-effective measures to prevent environmental degradation.

8. The right to development. This principle stipulates that the right to development is closely linked to environmental protection. It is clearly stated in Principle 3 of the RIO-92 Declaration: the right to development must be respected in such a way that the development and environmental needs of present and future generations are adequately met.

9. Prevention of harm. In accordance with this principle, all states must identify and evaluate substances, technologies, production and activity categories that affect or may significantly affect the environment. They are required to systematically investigate, regulate or manage them in order to prevent or substantially reduce environmental harm.

10. Prevention of environmental pollution. States must take, individually or collectively, all measures necessary to prevent, reduce and control pollution of any component of the environment, in particular from radioactive, toxic and other harmful substances. For these purposes, states are obliged to use the measures applied in practice.

11. Responsibility of States. According to this principle, 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.

12. Waiver of Immunity from Jurisdiction of International or Foreign Judicial Authorities. Any immunity from legal action under national or international law does not apply to obligations arising from the provisions of a number of international environmental conventions. In other words, States cannot invoke immunity in relation to the litigation of torts falling under the relevant rules of international environmental law. This principle is formulated in several contracts of civil law content.

Sources of international legal protection of the environment. In international environmental law, the sources are already traditional for international law:

Legal custom;

Conventional norms.

The specificity of international legal custom is that it is not an official document with an explicit formulation of the corresponding rule. The manifestation of customs occurs in the foreign policy documents of states, diplomatic correspondence, and finally, in a certain order of relations between states that has developed in a particular area.

• Society and state
• The concept and essence of the state
  • The concept and features of the state
  • Essence and functions of the state
    • Functions of the state
  • State form
    • Form of government
    • Form of government
    • State (political) regime
• • The emergence and development of the idea of ​​the rule of law
  • Civil society and the rule of law
  • Principles of the rule of law
  • Formation of legal statehood in Russia
• The concept and essence of law
• The concept and social purpose of law
  • Concept and signs of law
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    • Law and morality - characteristics and characteristics
  • Legal relationship
    • The main signs of legal relations
    • Subject, object, subjective right and legal obligation
    • Types of legal relations
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  • Legal awareness and legal culture
    • Legal culture
  • Legal regulations
    • The structure of the legal norm. Norm of law and article of law
    • Types of legal regulations
• System of law and system of legislation
  • The system of legal norms and its elements
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  • The concept and types of sources of law
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• Exercise of the right
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• Lawful Conduct. Offense and legal liability
  • Concept and main types of lawful behavior
  • Legal conflict
    • Types of conflicts
    • Conflict resolution
  • Concept and types of offenses
    • Offenses and crimes
  • Legal responsibility: concept and types
    • Types of legal liability
• Fundamentals of constitutional law
• Constitutional law is the leading branch of Russian law
  • The concept and system of constitutional law of the Russian Federation
  • Concept and legal properties Constitution of Russia
  • Fundamentals of the constitutional system of the Russian Federation
  • Federal structure of Russia
• Human and civil rights and freedoms
  • Constitutional and legal status of a person
  • Guarantees of human and civil rights and freedoms
  • Citizenship in the Russian Federation
    • Acquisition of citizenship
    • Grounds for termination of citizenship
• The system of public authorities in Russia
  • Constitutional and legal status of the President of the Russian Federation
    • Functions and powers of the President
  • Federal Assembly of the Russian Federation
  • Government of the Russian Federation
  • Constitutional foundations of the judiciary in the Russian Federation
    • Judge status
• Law enforcement agencies of the Russian Federation
  • Prosecutor's Office of the Russian Federation
  • Ministry of Internal Affairs of the Russian Federation
  • Ministry of Justice of the Russian Federation
  • Bodies of the Federal Security Service of Russia
  • Bar
  • Notary
• Branches of Russian law
• Fundamentals of Civil Law
  • The concept of civil law, its subject and method
  • Civil law
  • Civil legal relationship
  • Subjects of civil relations
    • Entity
    • Organizational and legal forms of legal entities
  • Objects of civil legal relations
  • Exercise and protection of civil rights. Civil law transactions.
    • Civil liability
  • Ownership and limited property rights
    • Grounds for the emergence and termination of property rights
    • Limited property rights
  • Civil obligations
    • Methods for ensuring the fulfillment of obligations
    • Termination of obligations
• Fundamentals of Labor Law
  • Concept, principles and sources of labor law
    • Sources of labor law
  • Labor contract
    • Collective agreements and agreements
    • Termination of an employment contract
  • Labor relations
  • Working hours and rest times
    • Time relax
    • Vacation
  • Wage
  • Occupational Safety and Health
  • Labor disputes and the procedure for their resolution
• Fundamentals of Family Law
  • The concept of family law and family law
  • Conclusion and dissolution of marriage
  • Rights and obligations of spouses, parents and children
  • Alimony obligations
  • Protection of the rights and interests of children left without parental care
• Fundamentals of Housing Law
  • Concept and sources of housing law
  • Legal regime of the housing stock
  • Residential lease agreements
  • Use of hostels
• Fundamentals of Administrative Law
  • The concept of administrative law
    • System of administrative and legal norms
    • Administrative and legal relations
  • Public administration and executive power
  • Administrative offense and administrative responsibility
  • Administrative punishment: concept and types
• Fundamentals of Financial Law
  • Financial law as a branch of Russian law
    • Sources of financial law
  • Budget law of the Russian Federation
    • Budget process
  • Tax law of the Russian Federation
  • Financial and legal foundations of banking in the Russian Federation
    • The second level of the banking system of the Russian Federation
    • The implementation by the Bank of Russia of the function of currency regulation and control
• Fundamentals of Municipal Law
  • The concept of municipal law
    • Territorial bases of organization and activity of local self-government
  • Local self-government bodies and their powers
    • Representative bodies of local self-government
    • Local government officials
  • Municipal service
  • The economic basis of local government
  • Responsibility of local self-government bodies, control over their activities
• Fundamentals of Criminal Law
  • Concept, objectives and principles of criminal law
  • The concept of crime and its types
    • Types of crimes
  • Subject of the crime
  • Criminal punishment and its types
  • Features of criminal responsibility and punishment of minors
• Fundamentals of Environmental Law
  • The concept and system of environmental law
  • Environmental legal relationship
  • Economic regulation in the field of environmental protection
  • Legal liability for environmental offenses
  • International legal mechanisms for environmental protection
• Fundamentals of Educational Law
  • Legal regulation of educational activities in Russia
  • Educational institutions: legal status and competence
  • Rights and social protection of students of an educational institution
• Fundamentals of International Law
• Modern international law and world legal order
  • The concept and basic principles of modern international law
    • Basic principles of international law
  • Subjects of international law
  • Human rights and international law
  • Responsibility in international law
  • The role of international organizations in maintaining peace and ensuring international security
  • International private law

International legal mechanisms for environmental protection

At present, environmental protection problems are not limited to individual countries and regions, but have acquired a global character. There is a situation in the world when the very development of human civilization puts human survival under a real threat of ecological catastrophe. Therefore, the problems of environmental safety can be solved by joint efforts of states and inevitably require international cooperation, joint concerted actions of states and international organizations.

The salvation of humanity from a terrible ecological disaster, the preservation of our civilization should become a global unifying idea.

An important basis for cooperation between states in the field of environmental protection is its international legal regulation. The Federal Law of the Russian Federation "On Environmental Protection" establishes that "the Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection" (Article 81).

Within the framework of modern international law, an independent branch of law has emerged that regulates relations between states to ensure environmental safety on a global scale - international environmental law.

International environmental law (international environmental law) is a set of international legal principles and norms governing relations arising between states and other subjects of international law, emerging regarding the rational use and protection of the natural environment.

International legal protection of the environment is carried out on the basis of the following principles:

• the principle of protecting the environment for the benefit of present and future generations;
• the principle of inadmissibility of transboundary damage;
• the principle of environmentally sound, rational use of natural resources;
• the principle of inadmissibility of radioactive contamination;
• the principle of protecting the ecological systems of the World Ocean;
• the principle of prohibition of military or any other hostile use of means of impact on the environment in a concentrated form;
• the principle of ensuring environmental safety;
• the principle of monitoring compliance with international agreements on environmental protection;
• the principle of international legal responsibility of states for environmental damage.

Internal and external environmental policy of states based on these principles should contribute to ensuring national and international environmental law and order.

International legal principles for the protection of the natural environment were formulated in various program documents of international conferences held under the auspices of the United Nations on environmental protection.

The first international environmental conference held under the auspices of the United Nations is the United Nations Stockholm Conference on the Environment, which took place in June 1972 in Sweden. As a result of this conference, a Declaration of Principles and a Plan of Action were adopted. These documents received the approval of the UN General Assembly and were the beginning of the regular UN program on environmental protection.

The further development of the principles of international environmental law was continued by the World Charter for Nature, which was approved by the UN General Assembly and proclaimed in a resolution of October 28, 1988.

In June 1992, the UN Conference took place in Rio de Janeiro (Brazil), which adopted the Declaration on Environmental Protection and Development. The result of this conference was a global program document containing about 40 sections on the areas of activity of the world community in the field of interrelated environmental problems and socio-economic development in the long term with proposals on ways and means of achieving the set goals.

The declaration adopted in Rio de Janeiro defined the goals of the international legal protection of the environment.

These include:

• the establishment of new and equal cooperation on a global scale through the establishment of new levels of international cooperation;
• determination of the prospects for the development of international legal protection of the environment;
• development of national legislation in the field of environmental protection;
• establishment of measures most effective for maintaining a favorable state of the environment and its restoration.

In May 2000, Malmö, Sweden, hosted the First Global Ministerial Environment Forum, the sixth special session of the Governing Council of the United Nations Environment Program (UNEP). As a result of the forum, the Malmö Ministerial Declaration of May 31, 2000 was adopted. This Declaration formulated the main directions of the environmental activities of the governments - the countries participating in the First Global Environment Forum.

A necessary component of the program for the preservation and restoration of the environment should be technical innovations, new resource-saving technologies, the development of alternative fuels, the priority of environmental interests over economic ones when making decisions in the field of nature management and environmental protection, and other areas of environmental protection.

Russia also participated in this Global Forum and signed the Ministerial Declaration. The participation of the Russian Federation in this forum was manifested in the adoption by it of the corresponding normative legal acts. In particular, Article 82 of the Federal Law "On Environmental Protection" establishes that "International treaties of the Russian Federation in the field of environmental protection, which do not require the publication of domestic acts for application, apply to relations arising in the implementation of activities in the field of environmental protection directly ...

In other cases, along with the international treaty of the Russian Federation in the field of environmental protection, the relevant regulatory legal act adopted to implement the provisions of the international treaty of the Russian Federation is applied. If an international treaty of the Russian Federation in the field of environmental protection establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply. "

The main share in solving environmental problems in the world is occupied by international environmental organizations. According to their legal status, they are divided into non-governmental and intergovernmental.

Intergovernmental environmental organizations include:

• UN Environment Program - UNEP (United Nations Environment Program), which includes: Governing Council, Secretariat and Environment Fund;
• UN Commission on Sustainable Development, under the UN Economic and Social Council - ECOSOC;
• International Atomic Energy Agency - IAEA;
• World Health Organization - WHO;
• World Meteorological Organization - WMO and other organizations.

Along with intergovernmental environmental organizations, non-governmental environmental organizations also take part in the protection of the global environmental law and order.

There are more than 500 such organizations in the world, the most significant and resonant in environmental activities are:

• International Union for Conservation of Nature and Natural Resources - IUCN;
• Greenpeace - Greenpeace;
• World Wildlife Fund - WWF;
• World Wildlife Fund;
• International Council for the Conservation of Birds;
• World Federation for the Conservation of Animals and other organizations.

Intergovernmental environmental organizations in their activities are guided by the principles of international legal environmental protection and, unlike non-governmental environmental organizations, have real leverage against violators of international environmental standards.

These measures of influence consist in the imposition of economic sanctions on states that do not comply with the established international rules for environmental protection, the exclusion of these states from applicants for international economic assistance and other international legal measures for environmental protection.