International Environmental Law

This article discusses International Environmental Law, its strengths and weaknesses, and measures to improve its effectiveness. It covers the areas related to environment such as climate change, population, global warming, pollution, water management, and the destruction of natural resources within a framework of sustainable development. The article also mentions the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and its role in protecting and regulating Australia's land and marine biodiversity, ecosystem, environment, and heritage.

Running Head: INTERNATIONAL ENVIRONMENTAL LAW 0
Environmental law
JUNE 9, 2018

INTERNATIONAL ENVIRONMENTAL LAW 1
International Environmental law is a set of rules and legislation which is applicable to
all the countries which comes under the treaty. It covers the areas related to environment such
as climate change, population, global warming and so on. Focussing on environmental factors
such as pollution, water management and the destruction of natural resources within a
framework of sustainable development and governing the problems1. Further it has some
strengths and weaknesses which are mentioned in this discussion.
Environmental laws has been described in the context of Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act). The act provides an effective legal
framework to protect and regulate the Australia’s land and marine biodiversity, ecosystem,
environment and heritage2. These are the standards set predefined for the conservation of
environment and natural resources. Similar to every other law, this law also contains some
positive as well as negative aspects. Although this a well prepared law yet it has some
limitation which international government need to resolve after consultation from other
member countries .There are certain challenges been faced due to the mismanagement of the
activities such as water pollution, soil degradation, and loss of biodiversity, ozone depletion,
and population pressure. Such issues highlight the need for devising a system for improving
the situation. Some of the strengths of the law are as under.
Health and Safety being the strength of the environmental law emphasizes towards
maintaining the health and safety of the humans as well as the environment and for this
several acts also has been formulated such as the ‘Clean Air Act’ which limits the emission of
1 Jacob Werksman, James Cameron, and Peter Roderick, Improving Compliance with
International Environmental Law (Earthscan, 2014)
2 Department of the Environment and Energy, Improved Compliance and enforcement
activities under national environmental law (2014)
<http://www.environment.gov.au/epbc/publications/factsheet-improved-compliance-
enforcement-national-environmental-law>

INTERNATIONAL ENVIRONMENTAL LAW 2
pollutants, Sanctuaries Act prohibiting the dumping of waste. Without these laws businesses
would be thinking of their cost effective benefits only.
Innovation by environmental law guides the business organisations to be cost
effective by following these rules, they ultimately save their money by reducing waste in the
long run. Enactment of other laws, environmental law also led to the implementation of other
acts also such as clean air act ensuring the quality of air we breathe. Regulations like the
carbon tax can protect the environment by limiting greenhouse gases. The law focusses on
the protection of the environment’s cleanliness, securing the life of plants, animals and other
species. Increment in biodiversity and habitat protection of a number of species is also a
benefit. Along with the strengths from the implementation of environment law also, there are
some of the drawbacks of the law3.
Environmental law implemented without concerning the social community often faces
lack of social support by the people. Another weakness can be the delay in administration of
such laws improper execution. The regulation of the international environmental law is that it
puts pressure or and is disadvantageous to both the companies as well as tax payers4. In
corporate organisations, it is mandatory to follow law by making changes in production
methods, otherwise penalties could be charged which is another disadvantage. Environmental
regulations often leads to decrease in inefficiencies as it is not always possible to produce
goods in eco-friendly way. Dependency on the renewable resources would be not beneficial
as it is expensive and risky. Moreover, small business will face financial burden aiming to
earn profits and additional environment regulation would reduce this cash enticement even
more.
3 SFGATE, Advantages and disadvantages of Instituting Environmental Laws (2018)
<http://homeguides.sfgate.com/advantages-disadvantages-instituting-environmental-laws-
78903.html>
4 USLegal, Clean Air Act (2018) < https://environmentallaw.uslegal.com/federal-laws/clean-
air-act/>

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Despite the strengths and weaknesses observed through the implementation of the
environmental law, its effectiveness can be further improved by the availability of resources5.
Role of governance is one another way to improve the implications of the law, constituting a
separate authority concerning the environment regulations. The development of the green
technology is one of the strict measure taken to the enforcement of environment law as it
regulates the activities use of environment friendly products, recycling and reusing6.
To conclude from the above analysis of the environmental law, it can be stated as the
environment law consists of the act conserving the biodiversity and the marine life, leading to
the protection of natural resources is an Australian’s environment law ensuring the
environment’s protection by identifying the strengths and weaknesses. After assessing the
impact of the weaknesses of the law there are certain measures or technologies adopted to
improve the application and benefits of the environmental law.
5 IUCN, Improving Effectiveness of Environmental Law: A meeting of experts (2015)
<https://www.iucn.org/content/improving-effectiveness-environmental-law-meeting-experts>
6 Xian Zhiyong, ‘Research on Green Technology Innovation Model and System Improvement
based on Environmental Protection’ (2017) 94 IOP Conference Series: Earth and
Environmental Science.

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Bibliography
Articles/books/journals
Werksman, J., Cameron, J., and Roderick, P. Improving Compliance with International
Environmental Law (Earthscan, 2014).
Zhiyong, X., ‘Research on Green Technology Innovation Model and System Improvement
based on Environmental Protection’ (2017) 94 IOP Conference Series: Earth and
Environmental Science.
Websites
Department of the Environment and Energy, Improved Compliance and enforcement
activities under national environmental law (2014)
<http://www.environment.gov.au/epbc/publications/factsheet-improved-compliance-
enforcement-national-environmental-law>
IUCN, Improving Effectiveness of Environmental Law: A meeting of experts (2015)
<https://www.iucn.org/content/improving-effectiveness-environmental-law-meeting-experts>
SFGATE, Advantages and disadvantages of Instituting Environmental Laws (2018)
<http://homeguides.sfgate.com/advantages-disadvantages-instituting-environmental-laws-
78903.html>
USLegal, Clean Air Act (2018) < https://environmentallaw.uslegal.com/federal-laws/clean-
air-act/>