WAYS AND MEANS TO ENHANCE INTRWNATIONAL ENVIRONMENTAL LAW

GFLA3133 INTERNATIONAL ENVIRONMENTAL LAW

Topic:

WAYS AND MEANS TO ENHANCE INTRWNATIONAL ENVIRONMENTAL LAW

PREPARED FOR:

PROF.MADYA DR. RATNARIA BINTI WAHID

PREPARED BY:

MAGED ABDULLAH AL-GUNAID 237098

MIOR MUHAMMAD ZUHDI BIN MIOR ZAINAL AZMI 239429

ABDIFATAH ALI YUSUF 235859

SAMIR

1.0 Introduction

For a long time environmental lawyers, and economics scholars have suggested theoretical assumptions concerning the functioning of various instruments and their ability to reduce environmental harm and to promote sustainable development. A partially different scholarship has engaged empirical research to suggest, ways and to enhance environmental law effectiveness. Generally, this paper aims to discuss and suggest ways to improve the effectiveness of international environmental law from three approaches, which are, procedural guarantee, judicial guarantee and guarantees written in the texts. Followed by specific ways to enhance animals protection laws.

2.0 Procedural guarantees: strengthening the position of civil society in developing international environmental law

Only States and international inter-governmental organisations have the power to make commitments through treaties, in contrast to individuals who do not have legislative power on the international stage. Nevertheless, on environmental matters, the past three decades have seen an increase in the number of NGOs becoming involved ahead of and during environmental negotiations. In particular, in the new UNEP forum, created after the Stockholm Conference, the classic approach to consulting NGOs and, more widely, civil society, has gradually transformed into greater active participation by these stakeholders in the decision-making process.

2.1 Establishing the influence of civil society in setting the agenda for environmental issues

While the scientists provide the technical information required for environmental governance, the NGOs often act as an alert and relay function between the scientific community, public opinion and governments. Through activities to disseminate scientific information and raise citizens’ awareness, they contribute to putting these issues on the political agenda and putting pressure on the public administrations and policy decision-makers. Furthermore, through their presence on the ground and their proximity to citizens, they are able to attract the attention of governments and international organisations to problematic local situations and potential failings in national public policies41. The expertise of the NGOs improves the quality of debates from a technical point of view

2.2 Establishing the right of civil society to participate in environmental negotiations

Inter-governmental forums are gradually opening up to civil society, which has several ways of becoming involved ahead of and during negotiations, particularly with the development of the Internet. However, due to the financial costs involved in participating in negotiations (whether a financial contribution is required or not), it is the largest organisations which are able to participate - Greenpeace International, Friends of the Earth and the World Wildlife Fund (WWF) are at the top of the list. Some NGOs also organise themselves into networks in order to share their resources and adopt a joint position.

3.0 Judicial guarantees: allowing civil society access to environmental justice

The first step to improving the effectiveness of international environmental law implies allowing referral to compliance committees by civil society and by NGOs in particular (I). The same applies to judicial procedures. Since the end of the Second World War, the number of judicial mechanisms for settling disputes between States has increased considerably. This phenomenon has also affected international environmental law.

Although no jurisdiction has yet been created to deal exclusively with environmental disputes, several jurisdictions have been called upon to examine cases with an environmental dimension. However, international justice remains optional: the States may choose not to recognise the jurisdiction of these judicial bodies. Referral to such bodies is also reserved to States, thus limiting their effectiveness. Furthermore, on a national level, the judges’ understanding of environmental conventions remains limited due to restrictive case-law concerning the claimants’ legal standing or the direct effect of these texts on national legal systems.

Civil society must have access to international justice and be able to invoke the treaties before national judges if the validity of the rights recognised by multilateral environmental agreements is to be guaranteed.

3.1 Improving the effectiveness of the compliance mechanisms for the application of multilateral environmental agreements.

Echoing the multiplication of norms related to environmental conventions since the 1970s, a large number of institutions have been created, often in relation to a treaty, sometimes directly linked to the United Nations (see below, Part three). Many of them have a mission to monitor the application of environmental conventions, but only very few provide actual non-compliance procedures that can result in sanctions against a State (1). Allowing civil society access to these control and compliance mechanisms would enhance their efficiency (2).

3.2 Guaranteeing the individual right to legal action

On an international scale, while no specialised judicial system exists to deal exclusively with claims related to the environment, several international or regional systems are called upon in such matters. However, all of these dispute settlement mechanisms remain largely dominated by the States, which cannot recognise the jurisdiction of a judicial system and, if they do, are generally the only parties able to initiate legal proceedings. The role of non-governmental players in the environment sector would justify granting them more access, notably by increasing their legal standing before an international judge (1). National judicial systems could, theoretically, also be required to ensure the States’ application of multilateral environmental agreements. However, obstacles remain in national judicial systems, preventing individuals to invoke international treaties before the judge, which thus limits their effectiveness (2).

4.0 Guarantees written in the texts: adopting a Universal Environmental Charter

International environmental law is characterised by a profusion of norms with the environment or sustainable development as their main or secondary focus, backed by many international institutions and organisations (l). The adoption of a universal text with binding force which amalgamates all of the founding principles would give international environment law the corner stone it needs

4.1 Improving the accessibility and readability of international environmental law

Given the speed and scale of its development, international environmental law is a living, evolving law. While the first milestones were proposed at the beginning of the 20th century with, for example, the Paris Convention on the Protection of Birds Useful to Agriculture in 1902, it is from the beginning of the 1970s onwards that international regulations aimed at protecting the environment began to increase rapidly. Under the pressure of public opinion, alerted by the scientific community and by many NGOs, States developed international law as a means of combating environmental risks, starting with pollution and global warming. Awareness of the fragility of the ecosystem, and the transnational character of the risks it faced, prompted international cooperation on a legal level, firstly bilaterally and then multilaterally.

Today, there are more than 500 international treaties concerning environmental matters more or less directly, including around 300 regional agreements. We can therefore speak of a real “abundance of conventions”113. The approach to establishing conventions allowed different legal systems to be formalised, sector after sector (e.g. pollution, climate change, air and water quality, biodiversity, etc.). One field may have given rise to the ratification of several conventions or protocols. By considering the major treaties, presented in the following table, we can get an accurate idea of the profusion of sectoral conventions in force114:

5.0 Effective Ways to Enhance Animal Protection Law

Dogs which is said to be one man's closest companion, while the other one which is cats probably has nine lives. They have been a numbered instances of which incorporate animal misuse. They are said to be a sidekick creatures, however puppies and felines make up about 90% of animals pitilessness cases answered to the Veterinary Services Department (DVS).Animal abuse cases have been steadily rising over the past five years. Last year, 510 animal cruelty complaints were received by the department – a 10% increase from 463 in 2016. (Star, 2018)

Malaysia

In a specific nation, for example, Malaysia, there is another authorizing framework for animal related organizations. Under the new Demonstration, all people and organizations who handle animals as a profession need to apply for a permit from the Animal Welfare Department. This does not matter to pet proprietors, but rather applies to organizations like pet hotels, pet shops, animal shelter, and a greater amount of the like. The license will be granted subject to requirements and rules that will be set by the Department. The penalty for not having a license ranges from RM15,000 to RM75,000. Once you get your license, you’ll both need to keep a copy displayed at your operation premises and carry a copy around when bringing any animals out. (LIm, 2017)

Another example in Malaysia is that anything related to animal testing is strictly regulated. Animal testing has dependably been a troublesome theme to talk about. Regardless of the numerous extraordinary items and life-sparing immunizations it has given us, the vast majority disapprove of it for the measure of torment and enduring it causes, even the individuals who consider it to be somewhat shrewd for a more prominent great. There's uplifting news in the new Animal Welfare Act we all who need to see better treatment for creatures. All exploration, testing, and instructing utilizing animals must be finished with a permit or performed by schools or colleges as it were. In addition to the duties from point number 2 imposed by the license, the animals must be well taken care of. Even where pain or suffering cannot be avoided, it must be minimized or the testers will face consequences. (LIm, 2017) Section 26 explains that:

(1) No person shall use animals in research, testing or teaching unless—

(a) all reasonable steps are taken to ensure that the physical, health, and behavioral needs of those animals are in accordance with this Act and the subsidiary legislation as may be prescribed by the Minister;

(b) the animals shall receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress when the animals are ill or injured; or

(c) any degree of pain or distress is reduced to the minimum possible in the circumstances where the nature of the research, testing, or teaching cannot comply with paragraph (a) or (b).

Offenders will be liable to a fine of between RM20,000 to RM100,000 and/or be jailed for 3 years.

Australia

Animal welfare laws in Australia are governed at the state and territory level. In that capacity, there are eight separate creature welfare rules, all of which try to forbid creature cold-bloodedness and advance creature welfare inside their particular wards. While the crucial destinations of the distinctive state and domain laws are to a great extent the equivalent, the way in which every rule looks to execute these targets shifts impressively.

For another country such as Australia, they promote several law or rule such as the promotion of animal welfare through the imposition of positive duties that are based on the ‘five freedoms’ which is shown below :

-Enforcement mechanisms which provide for both educational and punitive responses to animal welfare offences.

-Procedural mechanisms which promote the efficient and effective enforcement of the legislation.

-An absolute prohibition on all forms of animal cruelty.

-The recognition of animals as sentient beings with intrinsic value.

-Governance mechanisms which promote the legitimacy of the regulatory framework, particularly in relation to the values of procedural fairness, accountability, and compliance with legislative mandates. (How can our animal welfare laws be improved?, n.d.)

These are the example steps taken by the Australian government in order to preserve or keeping the animal in such a good condition or in other word to protect the animal from being abuse.

References

Access to justice in environmental matters (Publication). (2008). Brussels: The European Commission Environment Directorate-General. Retrieved December 15, 2018, from http://ec.europa.eu/environment/aarhus/pdf/conference_summary.pdf

Goeteyn, N., & Maes, F. (January 01). Compliance mechanisms in multilateral environmental agreements: An effective way to improve compliance? Retrieved December 20, 2018, from https://biblio.ugent.be/publication/1974328

How can our animal welfare laws be improved? (n.d.). Retrieved from RSCPA Australia Knowledge: https://kb.rspca.org.au/how-can-our-animal-welfare-laws-be-improved_503.html

LIm, J. (2017). These 5 laws from Malaysia's new Animal Welfare Act will make life better for animals. Retrieved from Ask Legal: https://asklegal.my/p/these-5-laws-from-malaysia-s-new-animal-welfare-act-will-make-life-better-for-animals

Maloney, M. (n.d.). Achieving environmental justice – what’s the role of government, civil society (and business)? [Web log post]. Retrieved December 10, 2018, from https://www.earthlaws.org.au/wp-content/uploads/2013/01/EJ-Presentation_Maloney_making-ej-happen_govt-and-civil-society.pdf

Star, T. (2018, March 11). Dogs and cats top list in animal cruelty cases. Retrieved from The Star Online: https://www.thestar.com.my/news/nation/2018/03/11/dogs-and-cats-top-list-in-animal-cruelty-cases/