The Role of States in International Environmental Law

By Brighton Musevenzo (Environmental Law Enthusiast)

Duties and Responsibilities of States

Environmental law recognises that the natural environment is fragile and needs special legal protections. This came as a growing awareness of the fragility of the biosphere, increased public concern over the impact of industrial activity on natural resources, human health and the increasing strength of the regulatory state. These laws aim at regulating atmospheric pollution, land use, water resources, waste management, contaminant clean up, marine management, chemical safety, impact assessment, farming, forestry and wildlife management. In the Kyoto Protocol Parties committed to reduce greenhouse gas emissions by at least 18 percent from 2013 to 2020. Individual states play a huge role when it comes to the full realisation of the International Environmental Law. The virtue of the environment being a common resource makes every state especially the developed states’ actions a priority in determining the direction to which policy, finance and frameworks take, the Kyoto Protocol in this regard. The enforceability of international law is a determining factor in case countries violate the international environmental laws which they are party to, they are to be reprimanded.

Global Environmental challenges because of States Non-Compliance

Member States of the United Nations, those that are not Party to the Kyoto

Protocol or do not have a moral duty to adhere to the principles of international environmental law regarding the environment as part of the Laws of Commons. This actually affects everyone and everyone has responsibilities over the environmental sustainability because its adverse effects are non-selective. The Kyoto Protocol is one of the documents that endeavor to bring sanity to how especially developed countries pollute the atmosphere and the environment in general. However, as the protocol is meant for good, countries on the global stage continue to act the opposite. Developed countries such as the USA and Afghanistan are not even party to this protocol, however they are the biggest polluters. The pollution levels emitted by the USA alone can reverse the efforts that state parties are taking to maintain a clean environment.

E-Waste

Countries such as Japan are exporting large amounts of cars to Africa, cars which are no longer environmentally friendly to be operating considering the Kyoto resolutions, (Well in most cases) E-waste is the biggest challenge that developing countries are battling with at the moment. China and Japan are among the biggest polluters of the atmosphere. These effects are felt in Africa through the adverse effects of climate change. This is mainly because many countries in Africa are highly sensitive and vulnerable to climate change, their resilience levels are low and adaptive capacity is next to none. This is because of the role that developed countries are playing which is non collaborative because the effects in terms of impacts on their side is very low. The USA stated that they cannot be part of the protocol because them being party to the protocol will negatively impact on their business sector.

Trans-boundary Responsibility

There is adverse neglection of trans-boundary responsibility to protect the environment. This is the obligation to protect one's own environment and to prevent damage to neighboring environments. SDG 10 is on achieving equality between states, however when it comes to the environment States are in a diplomatic and political battleground. This is because of the rise of capitalism which stress more on profits than sparing thoughts for humanity. The Amazon forest in Brazil which was among the world’s biggest carbon sinks and hub of the world’s diverse flora and fauna is being destroyed by the establishment of infrastructure and developmental projects. This is at the expense of the environment and Brazil has the right preserve the Amazon provided there is will power. Glaciers are melting and species are becoming extinct and deserts are increasing while cyclones and droughts are on the rise. These all can be prevented when all states play their crucial roles to protect the environment.

Public Participation and Transparency

Public participation and transparency are the crucial steps in achieving the Kyoto Protocol resolutions. In June 2019 there was a rise in climate marches around the world. Climate change activists were demanding environmental justice from governments that are being hypocritical and are not being transparent with the citizens when it comes to climate change and environmental issues. When states are accountable and transparent in their reports and environmental initiative the Kyoto Protocol can achieve milestones. In 2019 there has been reports of companies that have very high carbon emission levels such as the Saudi Aramco, Coal India, Exxon Mobil and the National Iranian Oil among others. This is because States are not being strict on the corporates and multinational companies.

Aid Towards Adaptation

International environmental law states that developed countries are the highest emitters of greenhouse gases so they must aid developing countries in adapting to the adverse effects of climate change. Limited developed countries have been through various Humanitarian Agencies aiding in this regard. However, other developed countries only intervene when situations are dire. El Nino and cyclones such as Idai have ravaged Mozambique and Zimbabwe. Acknowledging that other countries have advanced early warning and disaster risk reduction strategies, ideally adversity would have been limited. Collaboration of States technologically is of paramount importance when it comes to environmental law and the fulfillment of the Kyoto Protocol resolutions on financing and technology.

Great Strides

However, despite the negative actions that other countries are taking against the environmental law, those that are adhering to the Kyoto Protocol have made great strides. This has seen most countries introducing carbon tax that goes towards climate financing, policies on renewable energy and going green policies. Since the Kyoto Protocol became part of international law, environmental law became a priority, guiding developmental initiatives in the majority of countries. Despite the developed countries such as the USA that are pulling out of climate change related initiatives being chaired by the United Nations, Kyoto Protocol initiatives such as the Conference of Parties have been yielding results as far as climate financing is concerned, climate smart agriculture, sustainable energy for all, sustainable development and SDG 13 on Climate Action.

A Better World………!!

In summary one can note that the preeminent role that States play on the international arena has a major bearing to the achievement of international environmental law. It has been noted that the Kyoto Protocol is a positive initiative, however policies, initiatives and the dominance of industrialisation and capitalism has had many negatives than positives for the environment. This has led to adverse effects of climate change such as heatwaves, droughts and earthquakes increasing and becoming a security issue to humanity especially the African continent. Sustainable development is regarding today’s actions as having a much bearing on the future, therefore states violating the Kyoto Protocol are straining the efforts that global environmental law endeavor to achieve, therefore continues to inhibit the full realisation of International Environmental Law.

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Thanks for reading! Feel free to reach out to me if you have ideas on topics or questions I should address in future editions of #MentorHubAfrica. You can also email me on musevenzob@africau.edu