BIODIVERSITY

Definition Biodiversity is an inclusive term describing the different aspects of

living systems, measured in terms of genetic, species, and ecosystem
diversity, wildlife
Three main levels Genetic Diversity
of biodiversity: - Differences in genes within a species, like the variations
among dog breeds
Species Diversity:
- The variety of different species, such as polar bears and
peanuts.
Ecosystem Diversity:
- The variety of different ecosystems like coral reefs or
rainforests

Reasons for conserving nature and biodiversity:

• Source of biological resources
• Maintenance of the biosphere
• Ethical, intrinsic, and aesthetic value

Factors affecting • Habitat change

biodiversity: Loss, degradation, and fragmentation of habitats are significant
threats, often due to agriculture and unsustainable forest management

• Climate change
Changes in climate patterns can disrupt ecosystems and species

• Invasive species
The introduction of non-native species can harm local ecosystems

• Over-exploitation and unsustainable use

Overuse of resources can deplete populations and harm ecosystems

• Pollution
Contamination from various sources degrades habitats

• Indirect factors; include economic, demographic, socio-

political, cultural, religious, scientific, and technological
changes.

• Underlying causes include defective national and

international rules
Defective national and international regulations that don't allow for
sustainable resource management are a major factor
International Piecemeal Development:
Legal Framework International law on conservation and biodiversity has evolved in a
fragmented, ad hoc manner. However, the interdependence of species
and ecosystems means that each legal instrument has consequences
for specific habitats or species.
Treaties and Convention on Biological Diversity (CBD):
Conventions: This 1992 convention provides an overall framework for international
action on biodiversity. It promotes sustainable development and
covers all aspects of biodiversity, recognizing the importance of
biological resources for human needs like food, medicine, and a
healthy environment.
3 main objectives:
- conservation of biodiversity
- sustainable use of its components
- fair and equitable sharing of benefits arising.

CITES (1973) • Aim is to protect species of flora and fauna from over-
exploitation by regulating or prohibiting international trade.
• Controls international trade in listed species by requiring
licensing for import, export, re-export, and introduction from
the sea.
• Conference of Parties (COP) established the Standing
Committee, Animals Committee, and Plants Committee. COP
make amendments to the Appendices, include or remove
species from them and to make resolutions for the elaboration
and evolution of CITES to suit present needs and situations.
• CITES requires parties not to allow trade in species in any of
the Appendices
Appendix I
- species threatened with extinction, with trade only permitted
in exceptional circumstances.
- provides the highest level of protection for species threatened
with extinction, with trade only allowed in very limited
circumstances to not endanger their survival.

Appendix II
- species not necessarily threatened with extinction but in which
trade must be controlled to avoid utilization incompatible with
their survival.
- provides less stringent requirements for species that may
become threatened with extinction if not regulated.
Commercial trade is allowed if not detrimental to the survival
of that species and is not in contravention of the law of the
exporting state.

Appendix III
- species protected in at least one country, which has asked for
assistance from other CITES parties to control the trade.
- provides the lowest level of protection for species that parties
to CITES identify as needing regulation within their
jurisdiction and need the cooperation of other parties in the
control of trade.
 • The precautionary principle is applied, ensuring that
scientific uncertainty is not used as a reason for failing to act
in the best interest of the species.

Exemptions:
1. transit or transshipment of specimens
2. personal or household effects
3. pre-convention specimens
4. non-commercial trade between scientists
5. specimens forming part of travelling zoos or circuses
Bonn Convention • Aims to conserve terrestrial, aquatic, and avian migratory
on Migratory species throughout their range.
Species (CMS) • Aims to conserve populations of species including
- European Bats, Cetaceans of the Mediterranean, Black Sea,
and contiguous Atlantic
- Small Cetaceans of the Baltic, North-East Atlantic, Irish and
North Seas, Seals in the Wadden Sea, African-Eurasian
Migratory Water birds, Albatrosses and Petrels
- Gorillas and their Habitats

• COP in CMS: decision-making body that reviews the

Convention's implementation, adopting budgets, resolutions,
and recommendations
Convention on • Defines biodiversity as the variability among living organisms
Biological from all sources and the ecosystems of which they are part.
Diversity (CBD) • Biological diversity has become a global asset of tremendous
Legally binding value to present and future generations, and that biological
resources are the mainstay of our economic development.
• It is the most important international convention related to
biodiversity, and brought a new era in the field.
• It promotes sustainable development and was designed to be
a practical tool for translating the principles of Agenda 21 into
reality.
• Recognizes that biodiversity is about more than plants,
animals, microorganisms and their ecosystems, and is also
about people and our needs for food, medicine, and clean air,
water, shelter and a healthy environment.
• more than 190 parties.
Nagoya Protocol
• Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the
Convention on Biological Diversity is an international
agreement.
• Aims at sharing the benefits arising from the utilization of
genetic resources in a fair and equitable way.
• contributing to the conservation of biological diversity and the
sustainable use of its components.
• It was adopted by the CBD in 2010 in Nagoya, Japan.
• It adopted the PIC concept from the Bonn Guidelines.
 • Focused on the procedural aspects of how to regulate ABS
using PIC, under administrative, legislative, and policy
measures of each national government.
• The Bonn Guidelines and Nagoya Protocol are
complementary. Nagoya sets out the procedural framework for
ABS, while Bonn provides a set of substantive criteria for
when parties negotiate for ABS.
Ramsar • First global instrument protecting habitats, focusing on
Convention (1971) conserving and enhancing wetlands (areas of marsh, fen,
peatland, or water, whether natural or artificial,
permanent or temporary, with static or flowing water, and
can be fresh, brackish, or salt)
• includes all aspects of wetlands conservation and wise use.
• Recognizes that wetlands are among the world's most
productive environments, providing essential biological
diversity, water, and primary productivity for many species
• Recognizes the concept of state sovereignty with certain
limitations

Costa Rica v. ICJ provided provisional measures in a dispute

Nicaragua involving a wetland area on the Ramsar
(2011) Convention's list14. This case highlighted the
need for consultation between parties where
wetlands extend over more than one territory

World Heritage • Uses a listing approach similar to Ramsar for cultural and
Convention (1972) natural heritage
• Natural heritage; includes areas that are habitats of threatened
species of animals and plants of outstanding universal value
from a scientific and conservation viewpoint
• The identification and delineation of properties to be protected
is the responsibility of the state.
UNESCO Man & • uses biosphere reserves for innovative approaches to
Biosphere conservation and sustainable development.
Program (MAB) • using the Seville Strategy, which adopts an ecosystem
approach (with CBD).
UN Convention to • Desertification and drought are major issues of land
Combat degradation.
Desertification
(UNCCD) • An international agreement ratified by 191 nations, it views
land degradation as a sustainable development issue and is
people-centered.

• Promotes local level decision making and community

participation.

• Countries have developed National Action Programs (NAPs),

however funding issues remain unclear.
Forests • Important ecological functions include providing habitats for
biodiversity and maintaining soil quality.
• Preserving forests supports climate stability and biodiversity
goals.
• Threats to forests include habitat conversion, legal and illegal
logging, and habitat fragmentation.
• No global consensus exists for a convention on forests at the
international level.
• UNCED 1992 agreed on non-binding statement of forest
principles, committing to consider international agreements
for cooperation on forests.
• Tropical forests constitute 7% of the land surface, contain
more than 50% of plant and animal species, and are mostly
destroyed.
• One acre of the world’s forest is cut down every second.
• Causes of deforestation include new agricultural settlements,
logging, oil and gas exploration, cattle ranching, and drug
cultivation.
International • Legally binding international agreement for the protection of
Tropical Timber forests, with a focus on tropical forests1. It combines forest
Agreement (ITTA) conservation and development with trade in tropical timber.
focus is on tropical • Not purely a conservationist instrument, nor is it a traditional
forests commodity agreement, but it balances the concerns of
deforestation in tropical countries with the importance of
timber trading for economic development.
• under the framework of the United Nations Conference on
Trade and Development (UNCTAD), leading to the
establishment of the International Tropical Timber
Organization (ITTO) in 1986.
• Aims to strike a balance between concerns about
deforestation in tropical countries and the economic
importance of timber trade for those countries.
1992 Forest • non-legally binding statement of principles for the
Principles: management, conservation and sustainable development (SD)
of all types of forests
• states that forests are a common concern of mankind.
• Principles is to contribute to the management, conservation,
and SD of forests and provide for their multiple functions and
uses.
UN Forum on • promotes the implementation of international agreements on
Forests (UNFF) forests at all levels, supported by the Collaborative Partnership
on Forests.
• aims to develop a legal framework for all types of forests.
Collaborative • A voluntary arrangement among 14 international organizations
Partnership on with programs on forests.
Forests (CPF) • Objectives are to support the work of the UNFF and to foster
increased cooperation on forests.
Committee on • States have the sovereign right to exploit their own resources
Forests (COFO) under their own environmental policies but also have the
 responsibility to not cause damage to other states or areas
beyond national jurisdiction.
Soil • Top layer of the earth's crust, which serves as the basis for
agricultural production and food supply.
• Soil degradation is a process where human-induced
phenomena lower the capacity of soil to support human life.
• Causes of degradation include wind and water erosion,
chemical deterioration, and physical deterioration. Other
causes include agricultural activities, deforestation,
overexploitation, and industrial activities.
• Soil degradation impacts human health, economies,
ecosystems, and climate.
UN Convention to • Desertification and drought are major issues of land
Combat degradation.
Desertification • An international agreement ratified by 191 nations, it views
(UNCCD) land degradation as a sustainable development issue and is
people-centered.
• Promotes local level decision making and community
participation.
• Countries have developed National Action Programs (NAPs),
however funding issues remain unclear.
Plant & Plant • Important for environmental law, food security, and
Genetic Resources sustainable agriculture.
• Historically, farmers maintained and increased the genetic
diversity of their plants, but this changed after WWII when
farmers became more reliant on commercial breeders.
• This has resulted in the loss of genetic diversity of plants, with
less than 150 species of food crops cultivated, and 12 plant
species most consumed globally.
International • Aims at guaranteeing food security through the conservation,
Treaty on Plant exchange, and sustainable use of plant genetic resources for
Genetic Resources food and agriculture.
for Food and • focuses on fair and equitable benefit sharing and recognizes
Agriculture farmers' rights.
(ITPGRFA) • Aims to preserve plant genetic resources and make them
available for plant breeding.
• The ITPGRFA specifically recognizes local communities’ and
farmers’ rights over food crops while the CBD recognizes
indigenous, local, and traditional national rights over genetic
resources.
• The issue of recognition of intellectual property rights (IP) by
CBD and ITPGRFA and how it avoids conflict with the
protection of IP rights under Trade-Related Aspects of
Intellectual Property Rights (TRIPS) remains.
KEY • Sustainable Development: Using resources in a way that
PRINCIPLES meets present needs without compromising future generations.

• Precautionary Principle: Lack of scientific certainty should

not prevent action to protect species.
 • State Sovereignty: States have rights over their biological
resources but also have a responsibility to conserve them.

• In-situ conservation: Respect, preserve and maintain

knowledge, innovations and practices of indigenous and local
communities.

• Flora: Refers to plant life in a specific area or time, remains in

one place, typically prepares its own food, and is studied under
botany.

• Fauna: Refers to animal life in a specific area or time, can

move from one place to another, depends on flora for food, and
is studied under zoology.

• Forests: Crucial for biodiversity, climate stability, and soil

quality, but threatened by habitat conversion and logging.

• Soil: A non-renewable source supporting agriculture and other

vital functions but subject to degradation.

• Plant Genetic Resources: Important for food security and

sustainable agriculture, with treaties like ITPGRFA aiming to
ensure their conservation and fair use.

• Benefit Sharing: There is a need for mechanisms for fair and

equitable sharing of benefits from biodiversity and related
traditional knowledg

OZONE
Definition • Protection of the Earth’s atmosphere is a common concern of
mankind.
• The atmosphere is considered a global environmental resource that
needs protection.
3 phenomena caused detrimental impacts on the environment:
- transboundary air pollution
- depletion of the ozone layer
- global climate change.
Atmospheric • Air pollution is caused by noxious gaseous substances that
Pollution contaminate the atmosphere.
• Can spread across national borders, potentially causing conflicts
between neighboring states.
• cause diseases, allergies, death in humans, harm to other living
organisms, and damage to the environment.
• caused the deaths of over 7 million people worldwide.
 Major sources of air pollution:
- natural,
- area
- stationary (industries, power plants), and mobile (vehicles).
- burning of fuels, industrial processes, and routine activities.
- fumes from paints and solvents
- controlled burning
- waste in landfills
- military resources
- dust
- methane from animals
Eg: carbon monoxide, carbon dioxide, nitrogen oxides, sulfur dioxide, lead
particulates, and CFCs.
Ozone Layer • The ozone layer protects the Earth from excessive UV radiation.
Depletion • Ozone depletion is caused by anthropogenic gases like CFCs,
halons, methane, nitrous oxides, and CO2.
• affects all states and is a global environmental threat.
• The ozone layer is a thin film of O3 molecules, with 90% in the
stratosphere.
• Losses in the ozone layer, led to serious radiation issues.
• Efforts to combat ozone depletion, monitoring and reduction of
ozone-depleting gases.
Climate Change • The natural greenhouse effect is beneficial for life on Earth, but
increased CO2 emissions from industrialization have led to human-
induced climate change.
• Climate change requires behavioral changes, especially in
industrialized nations.
• Human-induced climate change results from
- release of greenhouse gases
- causing flooding
- extreme weather
- changes in seasons.
International • The Convention on Long-range Transboundary Air Pollution
Regulations and (1979): first attempt to establish formal controls over air pollution
Initiatives between countries.

• The Vienna Convention for the Protection of the Ozone Layer

(1985): was the first treaty to address global atmospheric issues.

• The Montreal Protocol on Substances that Deplete the Ozone

Layer (1987): sets specific legal obligations for reducing ozone-
depleting substances.

• The UNFCCC (1992): aims to stabilize greenhouse gas

concentrations.

• The Kyoto Protocol (1997): extends the UNFCCC and commits

parties to reduce greenhouse gas emissions.
 • The Paris Agreement: aims to keep global temperature rise below
2 degrees Celsius.

• The ASEAN Agreement on Transboundary Haze Pollution

(2002): deals with smoke from land and forest fires.

Stockholm Convention on Persistent Organic Pollutants (2004), Framework

Convention for the Protection of the Environment for Sustainable
Development in Central Asia (2006), and Minamata Convention on
Mercury (2013).

• Multilateral Environmental Agreements (MEAs) of global

significance are often associated with UNEP work. (international
community's commitment to addressing various aspects of
atmospheric pollution, including transboundary air pollution, ozone
depletion, and climate change)
• The UNFCCC has established principles such as the no-harm
principle, precautionary principle, polluter pays principle,
common but differentiated responsibilities and sustainable
development (in topic 2)
CASES
Trail Smelter A leading case on transboundary air pollution,
establishing the principle of "good
neighborliness" and a state's obligation to
prevent harm to other states
Georgia v. An early air pollution case in the US, showing
Tennessee that a state has the right to unpolluted air.
Copper Co.
Nuclear Tests Cases brought by Australia and New Zealand
against France over nuclear testing, addressing
environmental concerns.
Nuclear The ICJ recognized that the use of nuclear
Weapons weapons could constitute a catastrophe for the
environment and that states must take
environmental considerations into account.
Pulp Mills on A case primarily concerned with water quality,
the River with some reference to air pollution.
Uruguay
Aerial Ecuador brought a case against Colombia
Herbicide regarding aerial spraying of toxic herbicides.
Spraying
Gabcikovo- A case regarding a joint project between
Nagymaros Hungary and Slovakia that caused an
Project international dispute over environmental and
economic concerns.
Legal and Ethical Considerations
Challenges and • Air's intangible nature makes it difficult to monitor and control.
Problems • Difficulty in identifying causal links between sources and effects of
pollutants.
• Air pollution has general impacts, making it a global issue that
requires cooperation from all countries.
• Atmospheric pollution is complex, with various polluters and
sources, raising problems in identifying the "polluter".
• Various mechanisms are needed to deal with different aspects of the
same problem due to interconnectedness of energy production,
transportation, and manufacturing.
MARINE

Here are comprehensive notes on the protection of ocean and marine resources, drawing from
the provided sources and our conversation history, presented with explanations in point form:
1. Importance of the Ocean and Its Resources
• Vast Coverage: The ocean covers 70% of the Earth's surface and accounts for 97% of
the biosphere.
• Life and Climate: It is a source of life, shaping the planet's weather and climate.
• Oxygen and Resources: The ocean provides half of the Earth’s oxygen, and is a vital
source of protein, energy, and minerals.
• Food and Livelihood: It provides food for billions and livelihoods for around 540
million people in fisheries and related activities.
• Environmental Challenges: The oceans face serious environmental challenges with
unknown consequences.
• Principal Threat: Coastal pollution was highlighted as the principal threat to the
marine environment in a 1990 report.
• Land-Based Pollution: Land-based activities are the primary source of pollution.
• Major Stressors: The major stressors include overfishing, habitat loss, pollution,
invasive species, and climate change.
2. Causes of Marine Pollution
• Human Activities: Overfishing and habitat destruction are the main threats to marine
life due to human activities.
• Habitat Destruction: This results from direct removal and alterations from activities
like trawling and pollution.
• Eutrophication: Nutrient release from land-based activities causes eutrophication,
leading to oxygen depletion and dead zones.
• Invasive Species: Introduction of exotic and invasive species can alter or destroy
ecosystems.
• Climate Change Impacts: Climate change is altering ocean ecosystems by
decreasing productivity, changing food webs, and increasing disease.
• Ocean Acidification: The absorption of CO2 causes ocean acidification, damaging
coral reefs.
• Sources of Marine Pollution:
o Chemicals, particles, industrial, agricultural, and residential waste, noise,
and invasive organisms.
 o 80% comes from land.
o Air pollution carries pesticides and dirt into the ocean.
o Agricultural runoff, wind-blown debris, and dust.
o Nutrient pollution, causing excessive algae growth and eutrophication.
o Toxic chemicals adhere to particles and concentrate in food chains.
• Nutrient Overload: Excessive nitrogen and phosphorus cause heavy plant growth
and algal blooms that can be toxic.
• Pesticides: Absorbed into food webs, causing mutations and diseases.
• Toxic Metals: Cause changes to tissue, biochemistry, behavior, reproduction, and
suppress growth.
• Ocean Dumping: Waste materials from industries, ships, and sewage plants pollute
the ecosystem.
o Mining companies dump 220 million tonnes of hazardous waste yearly.
o Two-thirds of marine life are threatened by chemicals in everyday household
cleaners.
• Land Runoff: Surface runoff from agriculture carries toxic chemicals into the ocean.
o Threatens fish, turtles, and humans via the food chain.
• Dredging: Alters soil composition, destroying habitats and spreading contaminants.
• NOx and SOx: Shipping emissions of nitrogen oxides and sulfur oxides affect the
marine environment and ozone layer.
o Shipping air pollution contributes to premature deaths.
• Ocean Acidification: The decrease in seawater pH due to CO2 absorption endangers
marine life.
• Ozone Depleting Substances: Substances from ships destroy the ozone layer and
harm the marine environment.
• Waste from Ships: Solid and liquid waste from ships pollutes seawater.
• Noise Pollution: Shipping noise harms marine organisms, affecting their behavior
and causing internal damage.
• Oil Spills: Disasters like Exxon Valdez and Deepwater Horizon cause extreme
pollution and kill marine life.
• Plastic Pollution: An estimated 8 million tonnes of plastic waste enters the oceans
annually, threatening wildlife.
• Sea Level Rise: Global warming is increasing sea levels, threatening marine
ecosystems and causing habitat loss.
3. Eutrophication Process
• Excess Nutrients: Excess nutrients are applied to the soil.
• Nutrient Leaching: Some nutrients leach into the soil and eventually drain into the
water.
• Surface Runoff: Some nutrients run off into the water.
• Algal Bloom: Excess nutrients cause an algal bloom, blocking sunlight.
• Plant Death: Plants die due to lack of sunlight.
• Decomposition: Algal blooms die and sink, using up oxygen during decomposition.
• Oxygen Depletion: This causes oxygen depletion in the water, leading to suffocation
of larger life forms like fish.
• Definition of Eutrophication: The addition of nutrients to water bodies, which
encourages plant growth, depletes oxygen, and kills aquatic life.
4. Key Marine Organisms
• Benthic Animals: Organisms living at the lowest level of a water body (e.g., sea
sponges).
• Deposit Feeders: Aquatic animals that eat organic matter that has settled on the
bottom (e.g., eels, crabs).
• Filter Feeders: Aquatic animals that strain small organisms out of the water (e.g.,
clams, oysters).
5. Legal Framework: UNCLOS (United Nations Convention on the Law of the Sea)
• Comprehensive Constitution: UNCLOS is a comprehensive constitution for ocean
protection.
• Signed by 161 states (excluding US) and came into force in 1994.
• Obligations and Balance: It imposes obligations on states and balances power
between coastal and flag states.
• Prevention and Cooperation: UNCLOS focuses on preventing and reducing
environmental harm through regulations and cooperation rather than liability for
damages.
• Codifies Law: It codifies existing rules of customary and conventional international
law.
• Recognizes Pollution Types: It recognizes different types of marine pollution,
including dumping, ships, and atmospheric.
• Main Objectives: To create a legal order for the seas, facilitate international
communication, and promote peaceful use of the oceans.
• Part XII: Deals with the protection and preservation of the marine environment.
 • State Obligations: States must protect and preserve the environment and prevent,
reduce and control pollution.
• Resource Exploitation: States can exploit resources but must take measures to
prevent damage and not introduce alien species.
• Requirements: UNCLOS includes requirements for technical assistance, monitoring,
international rules, national legislation, and enforcement measures.
• Specific Rules: Specific rules for ice-covered areas within a coastal state’s EEZ,
addressing hazards and potential irreversible damage.
6. UN Conferences and Measures
• UNCHE (UN Human Environment) 1972: Emphasized ocean and coastal issues
and the need for marine protection.
o Led to the establishment of the UN Environment Programme (UNEP).
o Highlighted whale protection, and oil pollution.
o Highlighted significant oil spill incidents in 1965 and 1969.
• Torrey Canyon (1965): Oil spill from a grounded vessel that caused widespread
pollution.
• Santa Barbara Channel Spill (1969): Blowout resulted in significant oil spill,
impacting wildlife and leading to environmental measures in the US.
• UNEP: A new UN body created to coordinate environmental activities across the UN.
• Regional Seas Programme: Promotes management of enclosed or semi-enclosed
seas.
• London Dumping Convention (1972): Designed to protect the marine environment
from all types of pollution from human activities.
• MARPOL (1973): International Convention for the Prevention of Pollution from
Ships.
• Environmental Degradation: By the late 1970s and early 1980s, environmental
degradation remained a significant problem.
• Brundtland Report (1987): Highlighted links between poverty and environmental
degradation.
• Ozone Layer and Climate Change: Evidence highlighted links between pollutants
(CFCs, greenhouse gases) and environmental damage.
• Nuclear Testing: Concerns regarding nuclear weapons testing and dumping of
radioactive waste at sea.
• Limited Test Ban Treaty (1963): Banned nuclear testing in the atmosphere, outer
space & underwater.
 • London Dumping Convention (LDC): Prohibited dumping of high-risk nuclear
waste but allowed low-risk waste, leading to opposition and a ban on all nuclear waste
dumping in 1983.
• UNCED (UN Conference on Environment and Development) 1992/Earth
Summit/Rio Conference: Resulted in outputs on climate change, biodiversity, and
Agenda 21.
• Rio Declaration: Key principles outlined:
• Principle 10: Environmental issues are best handled at a national level with public
participation.
• Principle 11: States should enact legislation with environmental standards relevant to
their state.
• Principle 13: Liability and compensation issues arising from pollution, including
international cooperation.
• Principle 15: "Precautionary Principle" - action should be taken to protect the
environment, even without full scientific evidence.
• Principle 16: “Polluter Pays Principle" - polluters should bear the cost of pollution.
• Agenda 21: A 40 chapter action plan.
o Chapter 17: Protection of the oceans, emphasizing the importance of oceans
as a “global life support system”.
o Integrated management and sustainable development of coastal areas, marine
environmental protection, sustainable use and conservation of marine living
resources, and strengthening international cooperation.
o Requirements for states to protect marine environments from degradation
caused by shipping. *Prevention of dumping, pollution from offshore oil and
gas platforms and from ports through the provision of facilities in ports to
collect oily wastes, chemical wastes and garbage from ships.
o Chapters 19-22: Environmentally sound management of toxic chemicals,
hazardous wastes, solid wastes and sewage, and radioactive wastes.
o Chapter 22: Managing radioactive wastes including a Code of Practice on
trans-boundary movement of those wastes.
• Programme of Further Implementation of Agenda 21 (1997): Noted progress in
agreements for conservation and protection of marine environment, but still a decline
in fish stocks and rising pollution.
o Called for improved decision-making and cooperation to achieve integrated
coastal zone management.
7. Other International Treaties
• UNFCCC (UN Framework Convention on Climate Change) 1992:
 o Recognizes oceans as carbon sinks.
o Requires parties to promote sustainable management and cooperation in the
conservation of sinks and reservoirs including oceans and coastal marine
environments.
o Requires cooperation in adapting to climate change, developing integrated
coastal zone management plans, and protecting areas affected by flooding.
o Awareness of sea-level rise impacts on low lying areas and islands.
• Convention on Biological Diversity 1992:
o Aims to conserve biological diversity, sustainably use components, and
equitably share the benefits of using genetic resources.
o Applies to living organisms from all sources, including marine and aquatic
ecosystems.
o Contracting parties to implement the convention in respect to the marine
environment, consistent with UNCLOS.
• UN Fish Stock Agreement (UNFSA):
o Aims to prevent overfishing and ensure long-term conservation and
sustainable use of fish stocks.
o Obligates parties to work together for sustainable fishing using best science
available.
• Barbados Conference: Set out strategies for issues of concern to small island states,
including climate change, waste, coastal resources and biodiversity.
8. International Maritime Organization (IMO)
• Role: Specialized agency of the UN for maritime transport governance, particularly in
environment, safety and security.
o Responsible for implementing and enforcing global regulations on safety,
security, and marine pollution from ships.
• Structure: Assembly, Council, Maritime Safety Committee, and Secretariat.
• Committees: Legal, Technical Co-operation, and Marine Environmental Protection
Committee.
• Participation: IMO Committees and Sub Committees are made up of all member
states and meetings are open to marine experts, NGOs, and IGOs.
• Conventions and Protocols: IMO has responsibility for 29 Conventions and
Protocols.
• SOLAS (International Convention on Safety of Life at Sea) 1974:
o Designed to ensure vessel safety.
 o Requires vessels to meet minimum standards in construction, equipment, and
operations.
• MARPOL (International Convention for the Prevention of Pollution from Ships)
1973:
o Covers prevention of marine pollution from ships.
o Aims to eliminate intentional pollution and minimize accidental pollution.
o Includes regulations to reduce pollution from oil platforms.
o Covers pollution from oil, harmful liquid substances, harmful packaged
substances, sewage, garbage, and air pollution (Annexes I-VI).
o Requires states to prevent pollution from ships discharging harmful
substances.
o Requires port facilities to receive ship waste.
• STCW (International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers) 1978:
o Sets minimum standards for seafarer training and certification.
o Includes measures to prevent fraud and improve competency.
• COLREG (Convention on the International Regulations for Preventing
Collisions at Sea) 1972:
o Main aim is to prevent collisions at sea.
o Includes the use of traffic separation schemes.
9. Recap of International Efforts
• Protect and Preserve: States must protect and preserve the marine environment and
control pollution.
• Treaties and Customary Laws: International rules are established under treaties and
customary laws.
• Early Efforts: Early international efforts date back to 1926, with the first convention
adopted in 1954 (oil pollution).
• 1954 Oil Pollution Convention: Was followed by conventions on territorial sea,
continental shelf and high seas
• Torrey Canyon Accident: UN General Assembly called for international cooperation
to prevent marine pollution
• 1972 Stockholm Conference: Required states to prevent pollution that creates
hazards to human health and marine life.
• London Convention 1972: Signed to prevent marine pollution from dumping of
wastes
 • MARPOL 1973: Signed to prohibit discharge of harmful substances from ships.
• UNCLOS 1982: Comprehensive rules to protect the marine environment covering
land-based, vessel-source, and atmospheric pollution.
10. Role of International Arbitral Tribunals and Courts
• Influence of Case Law: Case law has significantly influenced the protection of
oceans and marine resources.
• Arbitration: Successfully used to settle environmental disputes.
• Bering Sea Fur Seals (1893): Settled dispute between US and UK regarding
conservation of fur seals.
o The Bering Sea was declared part of the high seas.
• Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan):
Involved disputes over conservation of southern bluefin tuna stock under UNCLOS.
o ITLOS decided that the fact the Bluefin Tuna Convention 1993 applied did not
exclude invoking UNCLOS relating to conservation of tuna.
o The conservation of living resources was an element in protection of marine
environment.
o ITLOS ordered the parties to resume negotiations.
• Public Interest Stance: Arbitrals can adopt an independent stance towards public
interest considerations.
• ICJ and ITLOS: ICJ (International Court of Justice) and ITLOS (International
Tribunal for the Law of the Sea) also play a role in marine protection.
o Fisheries Jurisdiction Cases (UK v Iceland; Germany v Iceland)(1974):
ICJ was concerned with marine resource conservation/protection.
o Judgments were delivered finding Iceland's unilateral extension of exclusive
fishing rights to 50 nautical miles not opposable to the UK and the Federal
Republic.
o Parties were under mutual obligation to negotiate an equitable solution.
o ITLOS handles cases relating to prompt release of arrested vessels.
o The Camouco Case (Panama v. France): ITLOS was concerned with
prompt release of vessels and decided the imposed bond by France was not
reasonable.
• ITLOS Composition: An independent body with 21 members elected for their
competence in the law of the sea.
11. Regional Maritime Conventions
• Lack of Global Instrument: Apart from UNCLOS, no global instrument addresses
all sources of marine pollution.
 • OSPAR (Paris Convention) 1992: For protection of the marine environment of the
North-East Atlantic.
o Imposes obligations regarding pollution from land, dumping, and offshore
sources.
o Applies precautionary and polluter pays principles.
• Helsinki Convention (1992): For the protection of the marine environment of the
Baltic Sea area.
o Addresses all sources of pollution, applies precautionary and polluter pays
principles.
o Covers both maritime area and coastal ecosystems, aiming for holistic
protection.
• Tehran Framework Convention (2003): For the protection of the marine
environment of the Caspian Sea.
• Integrated approach protecting marine environment & resources.
12. Types of Pollution and Regulations
• Pollution from Ships:
o Deliberate discharges from cleaning tanks and discarding ballast, and
accidental discharges from collisions and explosions.
o Leading instrument is MARPOL Convention.
• Pollution by Dumping of Wastes:
o Governed by the London Convention (1972).
o Regulates dumping based on a three-list system: highly hazardous
(prohibited), less dangerous (requires special permit), and less dangerous
(requires general permit).
o 1996 London Protocol: prohibits all dumping of wastes except those which
need permits, and incineration and export of wastes for dumping.
• Pollution from Land-Based Sources and Atmosphere:
o UNCLOS requires states to adopt laws to prevent pollution from land-based
sources.
o Paris Convention is a treaty dealing with pollution from land-based sources.
▪ Substances listed in Annex A should be eliminated or limited.
o UNEP Montreal Guidelines and GPA were adopted to guide actions against
marine degradation from land-based activities.
o UNCLOS requires states to prevent pollution from the atmosphere.
 o OSPAR and Baltic Conventions include rules against pollution through the
atmosphere.
o Persistent organic pollutants (POPs) are considered most dangerous due to
their long-range spread.
o Instruments on atmospheric pollution: Aarhus Protocol and Stockholm
Convention
• Pollution from Sea-Bed Activities:
o UNCLOS requires coastal states to control pollution from seabed activities.
o International Sea-Bed Authority can adopt rules for protection of marine
environment and natural resources.
13. Plastic Pollution at Sea
• High Production and Low Recycling: Plastic production and use are high, with only
10% recycled.
• Non-Degradable: Plastics are primarily produced from petroleum and are non-
degradable.
• Long-Term Presence: Plastic waste exists for a long time and degrades into
microplastics.
• Marine Impact: Plastic fragments and microplastics are causing serious damage to
the marine environment, society, economy, and human health.
• Distribution: 70% of plastic litter enters the sea floor, 15% floats, and 15% washes
up on beaches.
• Ingestion: Marine life ingests plastic, which remains in their bodies and can then be
ingested by humans.
• Health Risks: Microplastics can aggravate respiratory and heart disease and damage
the nervous system.
• Fragmented Legal Instruments: Global legal instruments dealing with marine
plastic pollution are fragmented.
• Pollution-Oriented: The London Convention and MARPOL are pollution-oriented,
not reduction-oriented.
• Limited Scope: The London Convention regulates the loading of plastic waste, not
dumping in rivers or estuaries.
• Non-Binding Mechanisms: The GPA and Agenda 21 are non-binding, limiting their
effectiveness.
• UNCLOS Limitation: UNCLOS provides principles but lacks specific rules on
implementation.
 • London Convention (1972): Aims to prevent pollution of the marine environment
through dumping of plastic waste.
o Requires “all practicable steps” to be taken to prevent dumping.
• MARPOL Annex V: A potential solution to microplastic pollution but only
applicable to vessels, not land-based sources.
• MARPOL Disciplinary Mechanisms: Disciplinary mechanisms are established by
State Parties in their national legislation.
o These mechanisms may be limited in their application and not deter offenders.
• UNCLOS Obligations: Requires states to adopt domestic legislation to prevent,
reduce and control pollution from different sources of marine plastic litter.
• Lack of Detail: It is unclear how detailed laws and regulations enacted by states to
reduce plastic waste pollution should be and how to judge their effectiveness.
• Inadequate Enforcement: Existing rules lack uniform implementation standards and
have inadequate disciplinary mechanisms.

FRESHWATER

Here's a comprehensive note explaining key concepts about freshwater resources and their
protection, based on the provided sources:
I. Importance of Freshwater Resources
• Freshwater is essential for all life on Earth. It connects ecosystems, land, water, and
people.
• Freshwater environments like rivers, lakes, wetlands, streams, and aquifers store
and clean water, which is crucial for humans and wildlife.
• Water is vital for drinking, agriculture, recreation, energy production, manufacturing,
and transport.
• Healthy freshwater environments prevent erosion, dispose of waste, and provide
natural flood protection.
• Freshwater supports an amazing array of plants and animals.
• Less than 3% of global water is freshwater, with most of it locked in ice caps and
glaciers, leaving less than 0.7% available for human use. The Antarctic ice sheet
contains 90% of the planet's fresh water.
• Freshwater is an increasingly scarce resource due to population growth, consumption
patterns, and climate change.
II. Threats to Freshwater Resources
 • Mismanagement of freshwater environments has led to pollution, drying rivers, and
damaged habitats.
• Groundwater is being extracted unsustainably, and wetlands are being destroyed
and degraded.
• Industrial exploitation such as fossil fuel extraction, agriculture, mining, logging,
grazing, factory farms, and pharmaceuticals ruins water quality.
• Human population growth increases water demand.
• Climate change causes sea-level rise, saltwater intrusion, and reduces winter
snowpacks.
• There are competing water uses between developed and developing nations, with
industrialized countries using more for industrial production and other countries using
more for agriculture.
III. Issues Related to Freshwater
• Insufficient Supply: Demand for freshwater is outstripping supply. Many water
systems are overtaxed, and some are running dry. By 2030, the need for water is
projected to exceed the reliable supply by 40%.
• Pollution: Agriculture, industrial processes, untreated waste, and degraded lands are
leading causes of pollution in freshwater systems.
• Climate Change: Climate change is affecting freshwater systems, leading to
increased droughts and floods.
• Water Crisis Problems:
o Inadequate access to safe drinking water for over 1.1 billion people.
o Groundwater overdrafting leading to diminished agricultural yields.
o Overuse and pollution of water resources harming biodiversity.
o Regional conflicts over scarce water resources.
o Depletion of aquifers caused by over-consumption as a result of population
growth.
o Pollution and contamination by sewage, agricultural and industrial runoff.
• Water Scarcity is caused by dry climates, drought, too many people using a water
supply more quickly than it can be replenished, and wasteful use of water. More than
30 countries face water scarcity, and by 2050, 60 countries may experience water
stress.
IV. Causes of Freshwater Pollution
• Industrial waste: In developing countries, 70% of industrial wastes are dumped
untreated into waters.
 • Water's vulnerability: Water is a "universal solvent," able to dissolve more
substances than any other liquid.
• Toxic substances from farms, towns, and factories readily dissolve into and mix with
water, causing pollution.
• Freshwater pollution is the contamination of inland water with substances that make
it unfit for its natural or intended use.
• Pollution can be caused by fecal waste, chemicals, pesticides, petroleum, sediment, or
even heated discharges.
• Polluted rivers and lakes are unfit for swimming or fishing; polluted water is unsafe to
drink.
• Agriculture: The biggest consumer of global freshwater resources and a serious water
polluter. Farming and livestock production uses 70% of the earth's surface water. It is
the leading cause of water degradation, with fertilizers, pesticides, and animal waste
washing into waterways. Nutrient pollution from agriculture is a major threat to water
quality, causing algal blooms.
• Sewage and Wastewater: Used water from households and commercial/industrial
activities, often discharged without treatment. Stormwater runoff also contributes to
this type of pollution. More than 80% of the world's wastewater flows back into the
environment untreated.
• Point source pollution: Contamination originates from a single source, like discharge
from a manufacturer, oil refinery, or wastewater treatment facility.
• Non-point source pollution: Contamination from diffuse sources, such as
agricultural or storm water runoff, which are difficult to identify and control.
• Transboundary pollution: Contaminated water from one country spills into the
waters of another.
• Surface water pollution comes primarily from runoff, which includes pesticides,
fertilizers, oil, gasoline, road salt and manure. Air pollutants also contribute to surface
water pollution by way of acid rain.
• Groundwater pollution occurs when contaminants seep into aquifers from
pesticides, fertilizers, landfills, and septic systems, rendering it unsafe for human use.
Leaking underground oil tanks and spills also pollute groundwater.
V. Types of Pollution
• Organic matter: From industrial wastewater and domestic sewage, depletes oxygen
and stresses aquatic life.
• Pathogens and microbial contaminants: From domestic sewage, livestock, and
natural sources, spread infectious diseases.
• Nutrients: Principally from runoff from agricultural lands and urban areas, cause
eutrophication and high levels of nitrates.
 • Salinization: Leached from alkaline soils or from over-pumping coastal aquifers,
leading to salt build-up in soils and undrinkable water.
• Acidification: From sulphur and nitrogen oxides, acidifies lakes and streams,
negatively impacting aquatic organisms.
• Heavy metals: From industries and mining sites, persist in freshwater, accumulate in
tissues, and are toxic to aquatic life and humans.
• Toxic organic compounds and micro-organic pollutants: From industrial sites,
automobiles, farmers, home gardeners, and municipal wastewaters, they have many
toxic effects.
• Silt and suspended particles: From soil erosion, agriculture, and deforestation,
reduce water quality and degrade habitats.
• Thermal: From industry and dams, affects oxygen levels and decomposition rates in
the water, and may shift the species composition.
VI. Effects of Pollution
• On Humans: Water pollution kills and causes illness. Waterborne pathogens cause
diseases like cholera and typhoid. Chemical pollutants can cause cancer, hormone
disruption, and altered brain function, with children and pregnant women being
particularly at risk. Mercury bio-accumulates in fish and damages nervous systems.
Swimming in polluted water can cause skin rashes and infections.
• On Environment: Pollution disrupts the balance of aquatic ecosystems. Algal
blooms, caused by excess nutrients, deplete oxygen and create "dead zones".
Chemicals and heavy metals are toxic to aquatic life, and toxins accumulate up the
food chain. Insecticides and estrogen-mimicking substances interfere with the
reproductive systems of fish. Biological waste from sewage and runoff creates coastal
ocean zones void of oxygen.
VII. International Legal Frameworks
• Helsinki Rules (1966): International guidelines regulating the use of rivers and
connected groundwaters crossing national boundaries. Influential in shaping
approaches to sharing, management, and protection of watercourses.
• UN Watercourse Convention (1997): Establishes a regulatory framework for the
management of non-navigational use of international watercourses. It includes
principles of equitable and reasonable utilization, not causing significant harm,
protecting the marine environment, and cooperation based on sovereign equality. It
defines a watercourse as a system of surface and ground waters constituting a unitary
whole. Requires that states sharing an international watercourse utilize it equitably
and reasonably, taking into account relevant factors and circumstances. Also requires
states to take all appropriate measures to prevent the causing of significant harm to
other states.
• UNECE Convention on the Protection & Use of Transboundary Watercourses &
International Lakes (1996): Develops international water law, more inspired by
 practical considerations and more specific/detailed than UN Watercourse Convention.
Aims to protect transboundary waters by preventing, controlling and reducing
transboundary impacts. It requires parties to take all appropriate measures to prevent,
reduce, and control water pollution, and calls for environmentally sound management
of transboundary water resources. It includes the precautionary principle, the polluter
pays principle, and the concept of intergenerational equity.
• ILC Articles on Transboundary Aquifers (2008): Draft articles for an international
framework convention on transboundary aquifers. Enshrines the principles of
equitable and reasonable utilization, the obligation not to cause significant harm, and
the obligation to cooperate. Recognizes the need to protect aquifers against harm from
fertilizer and pesticide use or industry discharges in recharge zones.
VIII. Principles of Transboundary Environmental Harm (TEH)
• TEH is addressed through customary international law, which recognizes a state's
right to exploit natural resources but limits this right when it harms a neighboring
state.
• TEH commonly takes the form of air pollution, pollution of a transboundary
watercourse, or transboundary shipment or dumping of wastes.
• Theories on TEH:
o Absolute Territorial Sovereignty (ATS): A state has complete control over
all waters within its territory, with no regard for downstream states.
o Absolute Territorial Integrity: Downstream state may demand the
continuation of the full flow of a river, free from any reduction in quantity or
quality.
o Limited Territorial Sovereignty (LTS): A state may use waters as long as
such use does not interfere with the reasonable use of waters by downstream
states. This approach is most often applied.
IX. Cases on TEH
• River Oder Case (1929): Established that utilization of rivers is subject to
international law, and that water resources should not prevent other riparian states
from accessing the resource.
• Meuse River Case (1937): Held that states should be treated equally and that each
state is free to enlarge canals in its territory as long as the water division and flow are
not affected.
• Lac Lanoux Arbitration Case (1957): Rejected the idea that a state has to agree with
a plan by another state if it promises to not alter the volume of water entering another
state; however, it upheld the rule not to cause substantial damage to other states
environment through pollution, also that riparian states must notify and consult with
each other before starting activities that may harm a shared resource.
 • Gabcikovo-Nagymaros Dam Case: Watercourse states must participate in the use,
development and protection of an international watercourse in an equitable and
reasonable manner. It requires a balance between economic development and
environmental protection.
• Pulp Mills on the River Uruguay Case (2010): Confirmed that international law
requires a state to undertake an environmental impact assessment when a proposed
activity might have a significant adverse impact on a shared water resource.
X. Controlling Water Pollution
• Source Reduction (Pollution Prevention): Avoid producing or releasing pollutants
into the environment through product design and soil conservation.
• Banning release of pollutants and rewarding the purchase of environmentally
preferred products.
XI. Way Forward
• Use water more sustainably by cutting waste, raising water prices, and protecting
aquifers, forests, and other ecosystems.
• Reduce water pollution by preventing it, treating sewage with nature-based methods,
cutting resource use and waste, reducing poverty, and slowing population growth.

HAZARDOUS

Here is a comprehensive explanation of hazardous waste management, based on the provided

sources:
Meaning of Hazardous Waste
• Hazardous waste is defined as waste material that, if not handled correctly, can cause
significant harm to human health, safety, or the environment.
• These wastes can be in the form of solids, liquids, sludges, or contained gases.
• They are primarily generated by chemical production, manufacturing, and other
industrial activities.
• Improper storage, transportation, treatment, or disposal can cause damage.
• Improper hazardous waste storage or disposal frequently pollutes surface and
groundwater supplies.
• People living near old disposal sites are especially vulnerable.
• Governments closely regulate hazardous waste management to address existing
problems and prevent future harm.
Classification of Hazardous Waste
 • Hazardous wastes are classified based on their biological, chemical, and physical
properties.
• These properties result in materials that are:
o Toxic/poisonous: These can cause death or illness, have long-term harmful
effects, cause cancer, or cause biological changes in future generations.
o Reactive: These are chemically unstable and can react violently with air or
water, causing explosions or toxic vapors.
o Ignitable/flammable: These burn at low temperatures and can cause
immediate fire hazards.
o Corrosive/destructive: These include strong acids or alkaline substances that
destroy solid materials and living tissue upon contact.
o Infectious/transferable: These include materials from hospitals or biological
research facilities.
o Radioactive: These produce ionizing energy that can harm living organisms
and can persist in the environment for thousands of years. Management of
radioactive waste is often considered separate from other hazardous waste.
Global Scenario
• Economic growth, urbanization, and industrialization are causing a dramatic increase
in the volume and types of hazardous waste.
• In 2006, the total amount of municipal solid waste generated globally reached 2.02
billion tonnes.
• Developing countries often spend up to 50% of their budget on solid waste
management, which includes both locally generated and imported waste.
• Hazardous waste is primarily managed at the local and national levels. However,
international laws are increasingly addressing these wastes due to long-range effects
and international trade.
• Chemicals and nuclear materials are particularly dangerous hazardous substances.
• Chemical contamination is widespread, with broad environmental effects ranging
from ecosystem impacts to water eutrophication and ozone depletion.
International Law and Regulations
• International environmental law plays a role in three main areas:
o OECD (Organisation for Economic Co-operation and Development)
harmonizes international definitions of waste.
o UNCLOS (UN Convention on the Law of the Sea) sets a general obligation to
prevent marine pollution, including the dumping of waste at sea.
o The 1972 London Convention controls deliberate disposal of waste at sea.
 o The 1989 Basel Convention governs the control of transboundary movement
of hazardous waste. It was signed because some countries exported hazardous
wastes to developing countries for cheaper disposal.
The 1989 Basel Convention
• Entered into force in 1992.
• Requires exporters of waste to obtain consent from authorities in the importing
country before shipping waste.
• The importing country must confirm in writing that it will manage the waste in an
"environmentally sound manner". If not, the exporter has to take back the waste
within 90 days.
• Recognizes states' rights to ban the import of foreign hazardous wastes.
• Prioritizes environmentally safe disposal of wastes in the state where they are
produced.
• Requires strict control of transboundary movement of hazardous wastes.
• Concerned with illegal transboundary transportation of hazardous wastes.
• Hazardous wastes include wastes listed in Annex I, like clinical wastes,
pharmaceuticals, waste oils, and certain chemical compounds, and wastes defined as
hazardous by domestic legislation.
• Parties can prohibit the import of hazardous waste for disposal, and other parties must
be informed of that decision.
• Each party is responsible for reducing hazardous waste generation, ensuring adequate
disposal facilities, and minimizing transboundary movement of hazardous waste.
• Illegal transportation of hazardous waste is a crime.
• Exportation to and importation from non-parties is not allowed.
• Transboundary movement is only allowed after notification by exporting states and
appropriate response (consent or rejection) by the importing party.
• If the convention is violated, the movement of waste is considered illegal. The
exporting party is responsible for taking back waste if their behavior caused the illegal
transportation; otherwise the importing party is responsible for disposal.
• Parties must cooperate to improve environmentally sound waste management.
Criticisms of the Basel Convention
• Some argue that the convention legitimizes hazardous waste trade, rather than
preventing it.
• The Convention is open to abuse due to unclear standards (e.g., "environmentally
sound manner") and lack of effective monitoring and control.
 • Waste disposal in other states is permissible if not harmful, which can lead to illegal
waste imports into developing countries.
Other International Agreements
• A Protocol on Liability and Compensation was adopted in 1999 to handle damages
from accidental spills of hazardous waste.
• The EU applies the Basel Convention, and its Regulation on Supervision and Control
of Shipments of Waste requires "prior informed consent" for waste transfers.
• EU regulations have different procedures for waste transferred for disposal and
recovery, and for different types of waste. Waste is classified under "Green list" for
non-hazardous waste and "Amber list" for hazardous waste.
• The 1991 Bamako Convention prohibits all imports of hazardous wastes into Africa
from non-African Union countries, but allows certain transboundary movements
within Africa itself.
• The 1995 Waigani Convention bans the importation of hazardous and radioactive
wastes into Forum Island Countries and controls the movement of hazardous wastes
within the South Pacific Region.
Problems with Waste Management
• Domestic waste disposal costs are increasing, while disposal abroad is cheaper.
• Many shipments are non-compliant with regulations, often due to misclassification of
waste.
• Illegal shipments are often exported to countries that do not want to accept them.
• The story of the US Ghost Ships highlights several issues including a lack of
coordination between overlapping powers, the need for multiple
consents/authorizations for hazardous waste import, and the inadequacy of the 30-day
period for consent.
European Law and Policy on Waste Management
• Based on a “waste hierarchy” with the following priorities:
o Prevention of waste through product and process design.
o Recycling and Reuse of waste, including using waste as a source of energy.
o Proper Management and Disposal, with incineration preferred and landfill
as a last resort.
• EU law is based on Directives that set principles for waste management, including
licensing and inspection systems.
• There are Directives on waste treatment methods and on managing specific types of
waste.
NOISE

Here's a comprehensive explanation of noise pollution, based on the provided sources:

Introduction to Noise
• Noise is a type of sound.
• Sound is produced by vibrations that impact the ear drums of humans or animals,
triggering a sensory reaction.
• Noise is considered an undesirable sound by the recipient, which can be either
high or low in frequency, and can be continuous or intermittent.
• Noise is an unwanted and unnecessary form of energy emitted by a vibrating body
that causes the feeling of hearing through nerves when it reaches the human ear.
• The distinction between noise and sound depends on the individual's perception and
interest at a given time, and the impact of the sound generated.
• Noise pollution is defined as distressing noise that can harm the physical or mental
well-being of humans and animals, originating from human, animal, machine, or
environmental sources such as thunder and lightning.
• The World Health Organization (WHO) recognizes noise as a major threat to human
well-being.
• Noise can be perceived physiologically or psychologically.
o Physiological perception is the subconscious sensing of sound/noise vibrations
in our physical body (ear).
o Psychological perception is when a person is consciously aware of the noise
and pays attention to it, instead of filtering it out.
Measurement of Sound/Noise
• The loudness of sound is measured in decibels (dB).
o 20 dB is a whisper.
o 40 dB is the noise level in a quiet office.
o 60 dB is a normal conversation.
o Sounds at 80 dB and above can be strenuous to the eardrums and are
considered noise.
• Humans can tolerate daily exposure to 85 dB without significant hearing damage.
• Frequency is measured in Hertz (Hz), and humans can hear between 20-20,000 Hz,
which decreases with age.
• WHO defines noise above 65 dB as noise pollution.
 • Noise becomes harmful above 75 dB and painful above 120 dB.
Noise as Pollution
• Noise pollution is a type of energy pollution, where distracting, irritating, or
damaging sounds are freely audible.
• Noise pollution occurs when sound unreasonably interferes with the peace, comfort,
and convenience of the person hearing it.
• It's primarily a feature of urban settlements.
• Noise pollution has worsened due to increasing industrialization, urbanization, and
modernization, impacting human health.
• Noise contaminants are not physical particles but waves (sound) that interfere
with naturally occurring waves of similar types in the environment.
• Sounds that negatively impact human or animal life, human activities, and physical
structures regularly are considered noise pollution.
• Many countries have regulations against harmful noise sources, but enforcement
varies.
Types of Noise
• Atmospheric noise: Radio noise caused by natural atmospheric processes, primarily
lightning, but also includes man-made noise in urban areas.
• Environmental noise: Noise pollution from outside sources, mainly transport
systems (land, water, air) and recreational activities (sports and music), present in
most areas of human activity.
• Occupational noise: Noise affecting workers due to their work environment and
machinery.
Causes of Noise Pollution
• Industrial activities.
• Transportation (road, rail, air traffic).
• Construction activities.
• Urbanization and recreational activities.
• Domestic and religious activities.
• Traffic noise is the main source of noise pollution in cities; for example, a car horn
produces 90 dB and a bus 100 dB.
• Air traffic noise has a greater impact, as a single aircraft produces 130 dB, despite
fewer aircraft flying than cars on roads.
• Construction sites are noisy, with a pneumatic drill producing 110 dB.
• Catering and nightlife (bars, restaurants, clubs) can produce over 100 dB.
 • Animals can produce noise, with dogs howling or barking at 60-80 dB.
• An estimated 125 million people are affected by road traffic noise levels greater than
55 dB Lden. Lden is the average noise level throughout the day, evening, and night.
• Exposure to road traffic noise is followed by rail traffic noise (8 million people
exposed), aircraft noise (almost 3 million), and industrial noise (300,000).
Impact of Noise Pollution
• Noise pollution can harm human health, wildlife, and environmental quality.
• The impact varies from emotional to physiological and psychological effects in
humans.
o Human health issues include hearing loss, stress, sleep disturbances, and
cardiovascular problems.
o Four effects of noise pollution are: interference with speech, interference with
sleep, alteration of human health, and interference with work tasks.
o Sleep interruption affects communication, work efficacy, and can lead to
hearing loss or deafness and stress-related issues such as high blood pressure
and irritability.
• WHO reports adverse health effects in humans exposed to noise levels above 40 dB at
night.
• A high level of annoyance caused by environmental noise is considered an
environmental health burden.
• Wildlife can experience disruption of communication, navigation, and breeding
patterns.
• Environmental quality suffers from general degradation.
• Noise pollution may cause premature deaths in the EU, with approximately 10,000
deaths and at least 1 million healthy life years lost each year in western Europe due to
road traffic noise.
• The annual economic damage is estimated between EUR 13 million and EUR 40
billion due to loss of productivity, healthcare costs, and depreciation of real estate
value.
International Treaties and Regulations
• EU Environmental Noise Directive 2002/49/EC: Requires noise mapping and action
plans to avoid, prevent, or reduce harmful effects of environmental noise.
o Member states must assess and manage environmental noise through mapping,
action plans, and public awareness.
o The Directive defines noise indicators like Lden (day-evening-night level) to
assess annoyance and Lnight (night-level) to assess sleep disturbance.
 o More than 37 million people are exposed to noise levels above 65 dB Lden.
• Member states must determine environmental noise through strategic noise mapping
and provide the public with information.
• Action plans must be adopted to prevent and reduce environmental noise.
• UNCLOS (United Nations Convention on the Law of the Sea): Recognizes noise
pollution as a form of energy and source of marine pollution, requiring measures to
protect fragile ecosystems and endangered species.
• IMO (International Maritime Organization) Guidelines: Recommends measures
like ship design modifications, operational changes, and maintenance to reduce
underwater noise from shipping to protect marine life.
• The Marine Environment Protection Committee (MEPC) of the IMO, in 2014,
approved the first guidelines for the reduction of underwater noise from commercial
shipping to address adverse impacts on marine life.
• CBD (Convention on Biological Diversity): Recognizes the impact of noise
pollution on biodiversity and encourages measures to mitigate its effects.
o In 2012, the CBD Secretariat encouraged Parties to minimize the impacts of
anthropogenic underwater noise on marine biodiversity, to develop indicators
and explore frameworks for monitoring.
o 2014, Decision XII/23 encourages states to define types or intensities of
underwater noise, conduct research, impact assessments, develop quieter
technologies, engage industry
Noise Regulations and Mitigation
• Noise-control ordinances and laws at local, regional, and national levels can
effectively mitigate noise pollution.
• The Occupational Safety and Health Act of 1970 and the Noise Control Act of 1972
regulate environmental and industrial noise in the United States.
• UK Legal Controls: Include the Control of Pollution Act 1974, Environmental
Protection Act 1990, Noise and Statutory Nuisance Act 1993, Health & Safety at
Work Act 1974, Civil Aviation Act 1982, and Land Compensation Act 1973.
o The latter three statutes deal with noise in the workplace, public authorities
and civil aircraft.
• Common law recognizes actionable nuisance for both public and private cases, where
damages may be physical or related to hearing damage.
• The case of VANDERPANT v MAYFAIR HOTEL (1930) established that to prove
nuisance, it isn't required that the noise is injurious to health.
Prevention of Noise Pollution
 • Some level of noise is necessary for modern society to function, but excessive levels
are unacceptable.
• Balancing the rights of individuals, groups, or companies to make noise with the
rights of others to not suffer from noise pollution is critical.
• Noise pollution can be controlled through laws and regulations, being considerate of
neighbors, informing them of potential noise, and understanding that individual
tolerance of noise varies.

ISLAM AND THE ENVIRONMENT

Here are the key points from the sources, presented in bullet points for clarity:
Islamic Principles on the Environment
• Ownership: In Islam, all things are owned by Allah, the Creator.
• Trusteeship: Humans are considered trustees or khalifah on Earth. This role entails a
responsibility to care for and manage the environment.
• Permitted Use: Humans are permitted to use the environment without causing harm
or waste. This encourages sustainable practices.
• Accountability: Humans will be held accountable for their actions. This emphasizes
the ethical dimension of environmental stewardship.
Noise Pollution
• Noise is an undesirable sound, and noise pollution is harmful noise that can affect
humans and animals [conversation history].
• The loudness of sound is measured in decibels (dB). Sounds at 80 dB and above can
be harmful [conversation history].
• Noise becomes harmful above 75 dB and painful above 120 dB [conversation
history].
• Noise pollution is a type of energy pollution made up of waves that interfere with
naturally occuring waves [conversation history].
• Traffic is a major source of noise pollution in cities [conversation history].
• Noise pollution can cause hearing loss, stress, and sleep disturbances in humans and
can negatively impact wildlife and the environment [conversation history].
• International treaties and regulations such as the EU Environmental Noise Directive
2002/49/EC, UNCLOS, IMO Guidelines, and CBD aim to mitigate the harmful
effects of noise pollution [conversation history].
• Noise pollution can be controlled through laws and regulations and by being
considerate of neighbors [conversation history].
RUJUKAN
Okay, here is a table summarizing the key cases and principles in International Environmental
Law (IEL) as discussed in the sources:

Category Item Description

Established that states are responsible for

transboundary air pollution causing harm to other
Trail Smelter Case states. Introduced the "no harm" rule and the need for
Key Cases
(1941) "clear and convincing evidence". Established the
concept of transboundary harm and the polluter pays
principle.

Highlighted the importance of environmental

considerations in international law, though the ICJ did
Nuclear Tests Cases
not rule on the merits of the case. A dissenting opinion
(1974)
noted that no nation can cause damage to the
environment of another.

The ICJ affirmed that watercourse states must

Gabcikovo- participate in the use, development and protection of
Nagymaros Project international watercourses in an equitable and
Case reasonable manner. The ICJ did not deal with the
precautionary principle in detail.

The ICJ confirmed that international law requires states

to conduct environmental impact assessments (EIA)
Pulp Mills on the
where there is a risk of significant adverse impact on
River Uruguay Case
shared water resources. Affirmed that states must use
(2010)
all means to avoid activities causing significant damage
to the environment of another state.

Meuse River The PCIJ held that states should be treated equally and
(Diversion of Water) are free to enlarge canals as long as the water division,
case volume and flow are not affected.

Affirmed that states have an obligation not to ignore the

Lac Lanoux rights of other states and have duties to consult in good
Arbitration (1957) faith when planning an activity that may cause harm to
another state's environment.

ITLOS determined that the 1993 Bluefin Tuna

Convention did not exclude states right to invoke
Southern Bluefin UNCLOS. ITLOS also emphasized the need for
Tuna Cases conservation of the living resources of the sea. The
tribunal considered the precautionary approach as
integral to provisional measures.
 ITLOS case concerning the prompt release of a foreign
Camouco Case (2000)
vessel arrested for illegal fishing.

States have sovereign rights over their natural

resources, but this right is limited by the responsibility
Key
State Sovereignty not to cause harm to other states or areas beyond
Principles
national jurisdiction. State sovereignty is limited by
customary law, treaty law, and IEL principles.

States must ensure that activities within their

jurisdiction do not cause damage to the environment of
other states or areas beyond national jurisdiction. States
must take measures to control sources that may cause
No-Harm Principle transboundary harm. States are required to enter into
procedural co-operation with the affected states. It has
both prohibitive and preventative functions. Based on
good neighborliness. The harm must reach a certain
level of seriousness.

Lack of full scientific certainty should not be a reason

to postpone cost-effective measures to prevent
Precautionary environmental degradation when there are threats of
Principle serious or irreversible harm. A "license to act" when
addressing environmental threats. A principle for how
to act in situations of uncertainties.

The costs of pollution should be borne by the polluter.

Encourages the internalization of environmental costs.
Polluter Pays Liability can be a mechanism to implement this
Principle (PPP) principle. It is a strategic tool to protect the
environment. May be a customary rule of international
law.

All countries share responsibility for environmental

Common but protection, but obligations differ based on capabilities
Differentiated and contributions to environmental problems.
Responsibilities Developed countries have greater responsibility.
(CBDR) Recognizes the need for shared obligations to address
common concerns.

Development that meets the needs of the present

without compromising the ability of future generations
Sustainable to meet their own needs. It is a central theme in policy.
Development (SD) Requires balancing the right to development with
environmental conservation. An underlying concept of
many MEAs.
 Present generations should not leave the environment in
Intergenerational a worse condition for future generations. Conserve the
Equity diversity and quality of the planet for future
generations. Included in various MEAs.

States should use shared natural resources without

Equitable Utilization interfering with the reasonable use of the same
resources by other states.

States must cooperate, inform each other about

Obligation to
activities that may cause transboundary harm, and
Cooperate, Inform,
consult before taking action. Prior Informed Consent
and Consult
(PIC) strengthens state sovereignty.

States should conduct EIAs for proposed activities that

may have significant adverse impacts on the
Environmental
environment, especially in a transboundary context. A
Impact Assessment
requirement under international law where activities
(EIA)
may have a significant adverse impact on a shared
water resource.