International environmental law and international organizations. International environmental law. Endangered Species and Human Health

Concept of international environmental law

International environmental law is a set of principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources . IN Russian literature more common name "international environmental law". Term "environmental law"seems preferable only due to its international use. S. V. Vinogradov, O. S. Kolbasov, A. S. Timoshenko, V. A. Chichvarin are known for research in this area.

Nowadays, international environmental protection is moving to the forefront. The consequences of insufficient attention to the problem can be catastrophic. This is not just about the well-being of humanity, but about its survival. What is especially alarming is that the degradation of the natural environment may be irreversible. Pollution of the world's oceans harms human health and fish stocks. Interregional projects for the construction of dams, dams, canals, and drainage of swamps lead to the degradation of the world's farmland, drought and soil erosion in many countries of the world. Hence malnutrition, hunger, disease. Air pollution is increasingly damaging the health of people on our planet. Massive destruction of forests negatively affects the planet's climate and reduces biodiversity and the gene pool. A serious threat to health is the depletion of the ozone layer, which protects against harmful radiation from the Sun. Leads to catastrophic changes in the Earth's climate " Greenhouse effect ", i.e. global warming as a result of growing emissions of carbon dioxide into the atmosphere. Irrational use of mineral and living resources leads to their depletion, which again raises the problem of human survival. Finally, accidents at enterprises associated with emissions radioactive and toxic substances into the atmosphere, not to mention testing nuclear weapons, cause enormous damage to human health and nature. It is enough to recall the accident at the Chernobyl nuclear power plant and at the American chemical plant in India. Armed conflicts cause great damage to the environment, as evidenced by the experience of the wars in Vietnam, Kampuchea, Yugoslavia, Persian Gulf, in particular, the war in Iraq.

The position of states with regard to international environmental protection varies. In developing countries, environmental problems can undermine the success of the development process, and the means to change the situation are lacking. In the most developed countries existing system consumption leads to such a depletion of resources not only in their own, but also in other countries, which poses a threat to future development throughout the world. This indicates that international environmental protection concerns all aspects of social development and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the international policy of any state. Since national parts of the environment form a single global system, its protection should become one of the main goals of international cooperation and an integral element of the concept of international security. In a 1991 resolution, the UN General Assembly pointed out the importance of peace for nature conservation and noted the inverse relationship - nature conservation contributes to strengthening peace by ensuring the proper use of natural resources.

All of the above stimulates the dynamic development of international environmental law. A noteworthy feature of this development is the large role of the public and the media. Many international instruments in the field of international environmental protection are adopted by governments. Mass movements in defense of nature, various “green” parties are becoming increasingly influential.

The position of governments is explained by differences in interests. International environmental protection is very expensive. It negatively affects the competitiveness of goods. Activities on their territory do not prevent transboundary pollution. For example, Russian factories at Kola Peninsula harm the Norwegian environment. In 1996, Russia entered into an agreement for Norway to finance the installation of filters at a metallurgical plant on the Kola Peninsula. In general, an international problem can only be solved on a global scale, and this requires enormous funds.

International environmental law began to take shape as customary law, first of all, this concerns its norms and principles. This is how the basic principle of international environmental law was established - the principle of not causing harm to the nature of another state by actions carried out on its own territory . The most general principle -- the principle of environmental protection . Formation in progress the principle of responsibility for causing harm to the nature of another state . I would especially like to note cardinal principle , which was formulated in the Declaration of the United Nations Conference on the Human Environment in 1972 as follows: “Man has the fundamental right to freedom, equality and proper living conditions, to an environment of such quality that makes it possible to live with dignity and prosperity.”

International environmental law is closely related not only to human rights, but also to other branches of international law. It should be emphasized that environmental protection is the principle is also maritime and space law . The International Labor Organization pays significant attention to the protection of workers from polluted environments; for example, in 1977 it adopted the Convention for the Protection of Workers against Occupational Hazards from Air Pollution, Noise and Vibration.

In the general process of formation of customary norms of international environmental law, an important role is played by resolutions of international organizations and conferences, which pave the way for positive law. As an example, I will point to such acts of the UN General Assembly as the 1980 resolution. “On the historical responsibility of states for preserving the nature of the Earth for present and future generations” and the World Charter for Nature of 1982.

An important source of international environmental law are treaties. In recent years, a whole complex of universal conventions in this area has been adopted, which provide an idea of ​​the subject matter of this branch of international law. First of all, this The Convention on the Prohibition of Military or Any Other Hostile Impact on the Natural Environment of 1977, as well as the Convention for the Protection of the Ozone Layer of 1985, the Convention on the Conservation of Migratory Species of Wild Animals of 1979, the Convention on International Trade in Species of Wild Fauna and Flora, endangered, 1973, UNESCO Convention for the Protection of the World Cultural and natural heritage 1972

The leading role in the development of international environmental law belongs to international organizations. The UN occupies a special place. Fundamental resolutions of the General Assembly have already been noted earlier. The Economic and Social Council is constantly involved in environmental issues; an important role belongs to other organizations of the UN system, as well as its regional commissions. In their field they develop standards and principles for environmental protection United Nations Industrial Development Organization (UNIDO), UNESCO, International Atomic Energy Agency (IAEA), World Health Organization (WHO), Food and Agriculture Organization (FAO). Exists special program UN Environment (UNEP ), which practically constitutes an international organization, although legally it is a subsidiary body created by a resolution of the General Assembly. UNEP plays a primary role in promoting the development of international environmental law. Within its framework, the foundations of this right are being developed and the preparation of conventions is being initiated.

Regional organizations play a significant role. Environmental protection is one of the main tasks OSCE. Within its framework, a number of conventional acts and a number of decisions in this area have been adopted.

Cooperation within the CIS is expected to play a significant role in protecting the environment. This task is set by the CIS Charter and confirmed by many other acts. The 1996 agreement between Belarus, Kazakhstan, Kyrgyzstan and Russia obliges to increase "cooperation in the field of environmental protection, including the development and adoption of common environmental safety standards" . The parties “take joint measures to prevent and eliminate the consequences of accidents, natural disasters, nuclear and environmental disasters” (Article 9). The above provisions give an idea of ​​how the principle of environmental protection is understood in the relations between the CIS countries.

In implementation of the principle in 1992, the CIS countries concluded Agreement on cooperation in the field of ecology and environmental protection. Based on the Agreement, the Interstate Environmental Council was established, and under it the Interstate Environmental Fund. The task of the Council is to coordinate cooperation between states in the field of nature conservation, to prepare appropriate regulations. The fund is intended to finance interstate programs, assistance in eliminating environmental emergencies, as well as design and research work in the field of environmental protection.

Protection of various types of environment

Marine Wednesday one of the first to become an object of protection. The corresponding provisions are contained in the general conventions on the law of the sea. Particular attention is paid to combating oil pollution. The first environmental universal convention is devoted to this problem - London Convention for the Prevention of Marine Pollution by Oil, 1954 It prohibited the discharge of oil and oil-water mixture from ships: After a number of accidents with tankers, new conventions were adopted. Brussels Convention on Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 ., provided coastal states with very broad powers, including the right to destroy the ship and cargo in the event of a threat of serious pollution of the coast and coastal waters. The Convention paved the way for the fight against marine pollution and other substances in similar cases (Protocol 1973).

Naturally, the question of compensation for damage caused by oil pollution arose. It refers to Brussels Convention on Civil Liability for Oil Pollution Damage, 1969 It established absolute, i.e., independent of fault, liability of shipowners, but at the same time limited its scope, albeit to a rather high ceiling. The fight against the consequences of oil pollution requires joint action by states. The organization of such actions is dedicated to Convention on Oil Pollution Preparedness, Control and Cooperation, 1990

All operational discharges from ships are prohibited in Convention for the Prevention of Pollution from Ships, 1973 Dedicated to the disposal of environmentally harmful substances at sea Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials, 1972

Agreements have also been concluded at the regional level. So, Convention for the Protection of the Black Sea against Pollution, 1992 concerns issues of land-based sources of pollution, disposal, and cooperation in the fight against pollution by oil and other harmful substances in emergency conditions.

The Baltic Sea also occupies a special position. It was classified as a "special areas" Convention for the Prevention of Marine Pollution from Ships, 1973 Such areas are subject to increased pollution prevention requirements. In 1974, the Baltic countries concluded Helsinki Convention on the Protection marine environment Baltic Sea region . Its peculiarity is the prohibition of sea pollution from land. On the basis of the Convention, the Commission for the Protection of the Marine Environment of the Baltic Sea was created. However, it soon became clear that the provisions of the Convention were insufficient, and in 1992 a new Convention for the Protection of the Marine Environment of the Baltic Sea was adopted, which established more stringent requirements. I would especially like to note that its effect extends to a certain part of inland waters; the limits of such distribution are determined by each state.

Waters of rivers and lakes have such significant differences that the development of a general convention was impossible. Even prepared by the Council of Europe in 1974. regional convention did not collect the required number of ratifications. Separate provisions on the prevention of river pollution are contained in agreements on other issues. The mentioned Baltic Sea Convention also affects the rivers flowing into it. But in most cases, protection issues are resolved by agreements between coastal states, although so far unsatisfactorily. As a positive example, we can refer to the norms and organizational forms protection of the Rhine waters. In 1963 it was signed Berne Convention for the Protection of the Rhine against Pollution. To implement it, a Commission was established, which prepared in 1976. Convention for the Protection of the Rhine against Chemical Pollution and another - about protection against chlorides.

Due to the growing consumption of fresh water and the limited availability of its resources, the issue of protecting freshwater basins is acquiring exceptional importance. As a result, new aspects of international environmental law are emerging. Responding to the demands of life, the UN International Law Commission prepared and submitted to the General Assembly draft articles on the right of non-navigational use of international watercourses.

A watercourse is understood as a system of not only surface water, but also underground water, forming a single whole and usually flowing to one outlet. International watercourses are watercourses, parts of which are located in different states. The regime of such watercourses is determined by agreement of the states with whose territory they are connected. Each such state has the right to participate in the agreement.

States have an obligation to use watercourses in such a way as to provide them with the necessary protection. They are obliged to participate in the protection of watercourses on an equitable basis and to cooperate to achieve this goal.

Air environment , as already noted, is the common heritage of humanity. Despite this, its protection is not reflected in international environmental law in any way. The issue is being resolved at the bilateral and regional levels. Perhaps the only significant step in this area is the one prepared within the OSCE Convention on Long Range Transboundary Air Pollution, 1979, subsequently supplemented by a number of protocols. Particular attention is paid to reducing sulfur emissions into the atmosphere, which generate acid rain, which are transported over long distances and cause harm to all living things on the planet.

An important direction in protecting nature is cooperation in counteracting the increase in the greenhouse effect, i.e., global warming as a result of the saturation of the atmosphere with carbon dioxide, the main source of which is motor transport. The consequences of this effect could be catastrophic in the coming decades. On the one hand, new vast deserts will appear, and on the other, rising sea levels will lead to the flooding of large spaces developed by man. In 1992 it was adopted UN Framework Convention about climate change. It defined general provisions and main areas of cooperation. The general responsibility of states has been established, but differences in economic potential must be taken into account. Particular attention should be paid to the interests of developing countries, which are most vulnerable to negative climate change, and on the other hand, have the least ability to counteract it.

Ozone layer protects the Earth from the harmful effects of ultraviolet radiation from the Sun. Under the influence of human activity, it has been significantly depleted; "ozone holes". In 1985 it was adopted Convention for the Protection of the Ozone Layer. It talks about monitoring his condition and cooperating to protect him. In 1987 appeared Montreal Protocol on Substances that Deplete the Ozone Layer. Restrictions have been established on the production of substances that negatively affect this layer.

Radioactivity as a result of peaceful and military use nuclear energy has become a serious danger to life on Earth. An important step in reducing it was Moscow Treaty Banning Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water, 1963 The IAEA sets safety standards for the use of nuclear energy in the national economy, including the safety of workers associated with it. Was prepared Convention on the Physical Protection of Nuclear Materials 1980 The Convention contains provisions allowing any state to prosecute foreigners for relevant crimes, regardless of the place where they were committed.

Operates in Europe European Atomic Energy Agency . The main standards in this area are established by the Treaty establishing the European Atomic Energy Community (EUROATOM).

Protection of fauna and flora

UN Stockholm Conference on the Human Environment 1972 endorsed the principle that the Earth's natural resources, including air, water, surface, flora and fauna, should be protected for the benefit of present and future generations through careful planning and management, where necessary.

The overall strategy was developed by a non-governmental organization - the International Union for Conservation, Nature and Natural Resources - and published in 1982 as a Program of Action "World Conservation Strategy". In the process of preparing the document, numerous consultations were held with governments and international organizations. The purpose of the strategy is to contribute to the achievement of sustainable development through the conservation of living resources by proposing to governments effective methods regulation of these resources. The strategy is aimed at supporting important environmental processes and self-preservation of systems, such as soil restoration and protection, recycling nutrients, water purification, conservation biological diversity. Many vital processes depend on all this. The goal is to ensure the sustainable use of certain species of animals and vegetation, as well as ecosystems.

Achieving these goals should be as quickly as possible. The Earth's ability to provide for its population is constantly decreasing. Many millions of tons of soil are lost every year as a result of deforestation and improper use. At least 3 thousand square meters per year. km of agricultural land go out of use only in industrialized countries as a result of the construction of buildings and roads.

As one of important means In order to achieve its goals, the strategy points to a radical improvement in the legislation on natural resources. It is necessary to create more effective and broad-based national environmental law, along with increased development of international environmental law. The survival of the entire diversity of nature, including humans, can be ensured only under the condition that the policies of states will be built with an understanding of the fact that all elements of nature are interconnected, interdependent, that the environment is a single global system.

World Charter for Nature , was approved and solemnly proclaimed by the General Assembly in 1982. According to the Charter, living resources should not be used in excess of their restoration capabilities; Soil productivity should be maintained and increased; resources, including water, should be recycled and reused whenever possible; Non-renewable resources should be used with maximum restrictions.

Among the conventions dedicated to flora and fauna, I would like to mention first of all Convention Concerning the Protection of the World Cultural and Natural Heritage of 1972 designed to ensure cooperation in the protection of those special meaning natural complexes, habitats of endangered species of animals and plants. Protect flora dedicated 1983 Tropical Forest Agreement The general significance is Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 ., which determined the basis for control over such trade.

The bulk of the conventions are aimed at protecting various representatives of the animal world - whales, seals, polar bears. I would especially like to note Convention on Biological Diversity 1992 , the name of which gives an idea of ​​its content. It is also important Convention on the Conservation of Migratory Species of Wild Animals 1979

Everything that has been said above gives an idea of ​​the enormous importance of environmental protection and the urgency of decisive measures based on broad cooperation between states. This determines the role of international environmental law, which still lags behind the needs of life.

International conservation of natural resources. Practice of Western countries.

What is more valuable - a small fish or a big dam?

In the rapids of the Little Tennessee River there lives a small, inconspicuous fish - snail darter Discovered for the first time in 1973, this representative of the perch family is found only here.

The same year the snail darter was discovered, the US Congress passed the Endangered Species Act. Number endangered species so small that in the near future they may be completely wiped off the face of the earth. The law, in particular, states that the actions of the federal government should not threaten the existence of species listed in the Red Book and species that are about to get there; These government agencies must also not allow the destruction or alteration of the habitats of species whose numbers have reached critical levels.

In 1966, seven years before people first learned about the existence of the snail darter, the US Congress authorized the construction of a dam on the river. Tellico, which was to be carried out under the leadership of the Administration for the River Basin. Tennessee, as well as reservoirs on the Little Tennessee River. Until the discovery of Darter, the construction of the dam was half completed. By 1975, when the darter was registered as an endangered species and included in the Red Book, the construction of the dam was already three-quarters completed.

But darters do not breed in stagnant water of reservoirs; they need running water to reproduce. Thus, completion of the dam, which cost an estimated $116 million, threatened to destroy the spawning grounds of the discovered new species, which would immediately lead to the death of the entire darter population and violate the Endangered Species Act. A number of environmental groups brought a case to stop construction, which eventually ended up in Supreme Court. In 1978, when the dam was 90% complete, the Supreme Court ruled that the construction project did violate environmental law and should therefore be either canceled or modified. But was saving the small population of small fish (these darters are 7.5 cm long) really a concern for members of Congress when they passed this law? As Holden (1977) noted, “There is no doubt that many members of Congress voted for this legislation out of genuine concern for the cute creatures with dark eyes or the winged creatures soaring high in the sky, but they ended up facing a Pandora's box of countless crawling creatures, whose existence they never even suspected.”

The debate surrounding the little fish has forced the Tennessee River Basin Authority to reconsider plans to build a dam on the River. The Little Tennessee, which is one of the region's few remaining clean rivers cold water teeming with fish. These discussions also prompted the US Congress to amend the Endangered Species Act, under which even the smallest fish would feel protected from the threat of a grandiose construction project. (NYT Pictures).

What is the value of any kind? Why should we strive to save them from the threat of extinction? Do we have the right to decide which species are worth saving and which are not? According to scientists, there are currently from 5 to 10 million species living on Earth, but to date, ecologists have discovered and described only from 1 to 1.5 million species. Meanwhile, the discovery of new species is increasingly becoming a fast-paced race against endangered species. In prehistoric times, about one species went extinct every thousand years. Today we are losing one species every year. Over the next 20 years, about a million species could disappear, most of which live in tropical rainforests.

Wildlife is an inexhaustible source of resources

Even such highly developed countries as the USA cannot do without gifts wildlife(fuel, fish, nuts, berries, wood used as fuel, etc.). Annual production of wildlife-based animal and plant products in the United States is estimated at $2.8 billion. The use of wood for heating homes increased by 50% in the seventies. In Vermont, for example, more than half of homes are currently heated primarily with wood.

In developing countries, the importance of natural resources such as food and fuel is even greater. Ten percent total number of animal protein consumed throughout the world is provided by fish. In many developing countries, wood is used exclusively for heating and cooking.

Ecosystem “human services”

In addition to the benefits that nature provides us in the form of food and fuel and which are easy to quantify, wild animals and plants provide us with a number of services that, figuratively speaking, can be classified as ecosystem “household services.” Plants produce oxygen that people and animals breathe. Further, plants and microorganisms purify water and air from pollutants, participate in the cycle of nutrients, and soften the climate. If one of these "services" can be provided by technological processes(removal of phosphates from wastewater can be done at treatment plants, although this is more expensive), while others are practically irreproducible.

Practical significance of wild animals and plants for medicine, Agriculture and industry.

Extinct species are forever lost opportunities. Wild animals and plants serve as a source of medicines, food and basic materials used in industry. 25% of medications distributed in the United States today contain plant extracts that cannot be obtained synthetically. These drugs include tranquilizers such as reserpine, various antibiotics, painkillers, and drugs used to treat heart disease and lower blood pressure. Vincristine, obtained from tropical periwinkle, has been successfully used in the treatment of Hodgkin's disease, a disease that kills 5-7 thousand Americans every year. Meanwhile, currently only 5 thousand plant species have been studied for the production of medicinal drugs. According to scientists, another 5 thousand may be discovered medicinal plants among the 500 thousand species growing on our planet.

Agronomists have discovered beneficial qualities in many organisms. For example, biological control methods play an important role in agriculture, including the use of certain types of organisms to protect crops from the harmful effects of others. In particular, some species of wasps successfully protect sugar cane plantations from the moth. Diatraea saccharalis. In addition, in modern agriculture the practice of crossing different plant species in order to obtain hybrids characterized by high productivity is widely used. Genetic engineering today is only at the beginning of its development, but it is already clear that in the future it will be possible to transfer desired genes that control traits beneficial to humans from one plant to another. As an example, we can name such properties as resistance to various diseases, drought, insect pests, as well as medicinal properties and high protein content. The decline in the number of diverse species on earth means a decline in the genetic pool of wildlife. Every time we allow a species of animal or plant to become extinct, we risk losing or useful organism, or useful gene.

Many plants produce chemicals that are natural insecticides (killing insects) or herbicides (killing weeds). Others serve as a source of waxes, lubricating oils, resins, aromatic oils and dyes. This list can be continued indefinitely. Meanwhile, this is only what has already been discovered in useful plants and animals. Many substances useful for agriculture, medicine and industry are still waiting to be discovered.

Biological species as elements of biocenoses

The extinction of a species or group of species can have far-reaching consequences for the community in which the species lives. For moderate and tropical zones Complex food webs are typical, but because only a relatively small number of these webs have been studied in any detail, we are unable to predict all the consequences that will occur when a species of animal or plant goes extinct. Many rare species of insects, snails, and birds either feed only on a certain type of plant or use only certain types of plants to build their homes. Therefore, the disappearance of a given plant species essentially means the death of the animal dependent on it. In another case, a predator that normally regulates the number of a pest may disappear. Then there will be a sharp explosion in the number of the pest, as happened, for example, in those areas where DDT was widely used." Spraying with DDT led to the destruction of all ladybugs feeding on spider mites, as a result of which spider mites resistant to DDT began to multiply intensively - sya, causing enormous damage to agriculture.

Humans' desire to exterminate wolves is partly explained by the fact that the role of this predator in food webs has not yet been fully elucidated. Wolves destroy other animals, such as deer, on which they feed, killing, as a rule, the weakest, sick and old individuals. Thus, they contribute to the health of the reindeer herd and maintain its numbers at a level that corresponds to the available supplies of food resources. People, when hunting deer, not only reduce the number of animals that the wolf feeds on, but at the same time always choose the most complete individuals, thereby worsening the quality of the herd.

Concern about extinct plant species has grown much more slowly than concern about endangered animal species, although both are so closely interrelated that they can only be conserved together. There are many examples when the number of some animals reached a critical level, since the plants that served them as food or shelter practically disappeared. According to estimates by Peter Raven, an employee of the Missouri Botanical Garden, for every plant species that has disappeared, there are from 10 to 30 species of insects, higher animals, and other plants that are in danger of extinction. Thus, the red-headed woodpecker is in danger of extinction due to the fact that it nests on the dried trunks of swamp and Australian pines. However, in many areas there are practically no old trees left; they are being replaced by young seedlings that are grown to produce cellulose. The ripening of swamp pine, in turn, depends on the presence of grass cover from triostrenica Aristida stricta, The sea otter, or sea otter, was almost completely exterminated in the 18th and 19th centuries. because of the valuable fur. Currently, thanks in part to the adoption of special laws, such as the law on the protection of marine mammals, the sea otter population is recovering. And now they are trying to take revenge, if not from humans, then at least from species that are very valuable and useful for us, namely abalone, Pacific lobster and crab. Several individuals discovered near Monterey (California) in 1938 gave rise to a huge herd, now numbering up to 2000 animals. This herd spread over 240 km along the coast. Unfortunately, this same section of the coast was chosen by numerous edible shellfish, such as abalone, which sell for $8 to $10 a pound on the market. Fishermen who supply these shellfish for sale are calling for restrictions on sea otter numbers to prevent further destruction of the lucrative fishing industry. However, ecological studies have shown that capans are vital members of the coastal community. By feeding on species of marine invertebrates such as sea urchins, capans protect seagrass beds, especially brown algae, from excessive grazing. Brown algae form the basis of food webs that include species such as harbor seal and bald eagle. (Dr. Daniel Costa, Joseph M. Long Marine Laboratory, University of California, Santa Cruz)

Species value

The need to preserve the entire diversity of species existing on Earth stems not only from practical, but also from general philosophical considerations. We lose any extinct species irretrievably. By not doing everything in our power to prevent these losses, we are making a choice not only for ourselves, but also for our descendants. This means that future generations of people will not see the animals and plants that we see; the nature surrounding them will not be as rich and varied as the one that surrounds us. Meanwhile, this is not just a question of aesthetic pleasure; It should be borne in mind that human evolution took place in the conditions of the enormous diversity of nature that surrounded him, and it is possible that this diversity is an indispensable condition for maintaining his mental health.

So far we have considered species from the point of view of their usefulness to humans. On this occasion, Henry Beston (1928) wrote: “Being far from pristine nature, living a complex unnatural life, a civilized person sees everything in a distorted light, he sees a log in a speck, and approaches other living beings from the perspective of his own.” limited knowledge. We look at them condescendingly, demonstrating our pity for these “underdeveloped” creatures, who are destined to stand much lower than the level on which man stands. But such an attitude is the fruit of the deepest delusion. Animals should not be approached by human standards. Living in a more ancient and perfect world than ours, these creatures have such developed feelings that we have long lost or never possessed, the voices that they hear are inaccessible to our ears. We are not their elder brothers, and they are not despicable creatures; it’s just a completely different world, the existence of which coincided in time with ours, they are just as captives of this beautiful and cruel life.”

Endangered Species and Human Health

There was once opposition to the idea of ​​using animals in scientific research, mainly because it was perceived as an example of cruelty to animals that were inflicted with pain. Scientists had to make a lot of effort “to convince the public that experimental animals never experience pain.

Nowadays, however, new ethical problems have arisen. One of them is whether the experimental animals are kept in conditions appropriate to their social and behavioral characteristics? For example, animals such as chimpanzees, which normally live in groups, cannot be kept in an isolated cage, because this would be cruelty to the animal.

Further delving into the problem confronts us with another question: is it even legal to use animals in experiments, the numbers of which continue to decrease, even if we assume that humanity will greatly benefit from this. N. Wade (1978) writes in this regard: “...Continued production of the [hepatitis] vaccine may well lead to a fatal conflict between human interests and the existence of chimpanzees. Chimpanzees are the only animals in the world, with the exception of humans, on which the effect of the vaccine can be tested... If a ban is imposed on its use - chimpanzees in experiments are already classified as an endangered species - testing the harmlessness of the vaccine and its production will become impossible. Meanwhile, even in developed countries, where cases of hepatitis are relatively rare, people continue to pay a fatal toll to this disease. In 1976, there were 15,000 cases of hepatitis in the United States. However, according to the Center for Infectious Disease Control, the actual figure reaches 150 thousand, of which 1,500 cases were fatal... ...Officials are trying to convince everyone that chimpanzees are captured only by humane means. “The capture method typically involves several people locating a group of chimpanzees, surrounding them, and then chasing them. Since young individuals usually get tired faster, they are simply picked up with their hands.” This is the version of the capture of chimpanzees outlined by a representative of the Merck company to the federal office for issuing licenses for the capture of wild animals...”

“...It is absolutely impossible unless you have a large network,” writes Jane Goodall. “This is fantastic... In natural conditions, no man can cope with wild chimpanzees; they are not at all inclined to huddle together... I can just to say that someone really wants to hide what inhumane methods are actually used when catching chimpanzees, and they are like this: first they shoot the mother. and then they take the cub away. This is the standard method used in Africa." . F. B. Orlans (1978) adds:

“... It is necessary to find a way to resolve this conflict so that it does not turn out to be disastrous for the chimpanzees. In the past, the development of an alternative method of vaccine production (particularly for polio) has helped save the lives of many animals. Today ethical standards calls for a ban on inhumane methods of killing chimpanzees (according to Wade, “to catch a chimpanzee, you kill the mother first”) and the conservation of this endangered species of animals are ignored.”

Do you think that purely human needs should take precedence over the need to preserve endangered species? The first thing that immediately comes to mind when it comes to factors threatening the existence of a species is hunting. Indeed, hunting made its fatal contribution to the extinction of a number of animal species, especially vertebrates. However, some well-regulated wildlife populations are not necessarily harmed by hunting; in fact, it may even be useful, especially in cases where the population threatens to significantly exceed the optimal level for a given habitat. But uncontrolled hunting still contributes to the extinction of the species. Bison hunting on the American prairies brought this species to the forefront by the beginning of the 19th century. to the brink of extinction. Hunting in this case has simply become a sport; its goal often boiled down to catching a bison's head, which was placed in the hunter's house as a trophy. In Africa, hunting of many species of large animals is limited or completely prohibited in order to preserve these species not only in zoos, but also in nature.

Habitat destruction

However, hunting is not the main danger that threatens animals. Most species are threatened by the loss of natural habitats: the areas in which they live, breed, and find food and shelter. As the population grows, people need more and more housing, roads, and shopping centers; Therefore, people cut down forests, drain swamps, estuaries and bays, develop new mineral deposits, bringing barren rocks to the surface of the earth. All this leads to a reduction in land and food resources available to various species of animals and plants. In other words, man expands his habitat at the cost of reducing the habitats of other creatures.

In some cases, habitat destruction wild species occurs as a result special measures, such as burning or flooding of areas, carried out with the aim of attracting even more animals that are objects of hunting. As a result, the numbers of animals such as elk, pronghorn antelope, white-tailed deer and black-tailed deer increase significantly. At the same time, these habitats become unsuitable for many other non-commercial species.

Many endangered plant species provide a living link between modern times and the ancient eras when these species flourished on our planet. Now some of them have been preserved in specific niches along river banks, in swamps and hollows, as well as in wastelands. Others are on inaccessible mountain slopes, in valleys between ridges, or in areas where glaciers never reach. Such plants are very rare, since they are adapted to exist only in the specific environment that they currently occupy. They can survive only if their habitats are protected.

Death of tropical forests

Almost all types of habitats are being destroyed, but the problem is most acute in tropical rainforests. Every year, forests are cut down or otherwise subjected to an area equal to approximately the entire territory of Great Britain. If the current rate of destruction of these forests continues, in 20-30 years there will be practically nothing left of them. Meanwhile, according to experts, two thirds of the 5-10 million species of living organisms inhabiting our planet are found in the tropics, especially in tropical forests.

The most common cause cited for the death of most tropical forests is excessive population growth. This last circumstance in developing countries leads to an increase in the procurement of firewood for heating homes and an expansion of areas for shifting agriculture practiced by local residents. The essence of this method is that the farmer cuts down a plot of forest and grows crops in its place for several years. Then, when the soil is depleted, the farmer moves to a new place and again cuts down some of the trees. Some experts, however, believe that the accusation is aimed at the wrong address, since, in their opinion, the destruction of only 10-20% of forests is associated with the slash-and-burn method of cultivation (Fig. 5.6 and 5.7). Much of the tropical forests are being destroyed due to large-scale development of livestock farming and the construction of military roads in Brazil, as well as as a result of the growing demand for tropical wood exported from Brazil, Africa and Southeast Asia (see section " Global Perspectives" after this part).

Pesticides and air pollution

A large number of habitats, which in many respects remained undisturbed, have become poisoned by acid rain, pesticides, and air pollutants. Pine trees growing on the mountain slopes around Los Angeles suffer from the harmful effects of smog that forms over the city. The widespread use of pesticides in agricultural regions threatens the survival of many species. For example, birds of prey such as falcons and hawks are severely affected by DDT. About 20-30 years ago, these birds began to lay eggs with very thin shells, so thin that they cracked even before the chicks were supposed to hatch. Scientists have suggested that this phenomenon is due to the effects of DDT (Grier, 1982). DDT is currently banned in the United States primarily due to its harmful effects on certain bird species.

As part of a program to combat the spread of plague in the American West, attempts were made to exterminate coyotes, foxes and wolves using poisoned bait. However, this had a detrimental effect on some populations of endangered species, and in particular on the populations of the bald eagle, which was also eager to feast on the bait.

Collection of rare plants

Some plant species, namely cacti, orchids and carnivorous plants, are especially popular among collectors; These plants were collected so intensively that there are almost none left in nature. Traders from Texas and Mexico dig up large quantities of cacti and send them to markets to sell to collectors and residents of the southeastern regions, who use the plants for ornamental horticulture. Half of the cacti produced are sent even further, to Europe and the Far East.

Animals and plants must certainly change as environmental conditions change. Species that fail to adapt to new conditions die out, and new ones take their place. There are no longer dinosaurs or flying reptiles on Earth, but today it is inhabited by organisms that did not exist in those ancient times. Man, meanwhile, changes everything around him with such lightning speed that animals and plants do not have enough time for evolution, which would allow them to take the place of lost species. The harsh truth of life is that a good half of all mammals that became extinct on Earth occurred in the last 50 years.

Environmental protection

There are many ways to ensure the protection of wildlife resources. One of them is the adoption of laws that ensure the protection of the species as a whole or increase the viability of individual individuals. In the USA, for example, a law has been passed on the conservation of endangered species. Representatives of different species can also be collected in zoos and botanical gardens; seed banks can be created. This allows us to hope that we will have at our disposal the entire diversity of living organisms on the planet. For many species, however, this latter approach may be impractical. The fact is that some species require special conditions or certain population sizes for reproduction, and this is not always feasible in captivity. The third approach is the alienation of individual areas of nature and the creation of nature reserves on them, which include entire ecosystems. In this case, it is possible to preserve not only those species that are clearly in danger of extinction, but also all the species associated with them in a complex food web (see section “Discussion 5.2”).

Conservation of rare endangered species

The first laws relating to the protection of wildlife were laws on taxes on the ownership of fishing and hunting equipment, as well as laws requiring special permission to engage in hunting and fishing. The funds received from these taxes were used to purchase land to create reserves for endangered species of animals and plants. Millions of dollars were eventually raised for these causes (a fact that should be noted by those who oppose hunting). A proposal was put forward to tax gardening tools to create a similar fund for plant protection.

In 1966, the US Congress passed the Act on the Conservation of Endangered Species of Mammals and Birds, which aims not only to protect wildlife, but also to outline the scope of the problem of the disappearance of undisturbed nature. The law provided for the compilation of lists of endangered species, indicating the number of remaining individuals, as well as their areas of distribution. In 1973, this law was significantly strengthened as a result of the adoption of a series of amendments to it. The law noted that its effect was limited only to the borders of the United States, so it could not protect species living in other parts globe. Another category of species was also identified: candidate species for registration in the Red Book. These species are not yet disappearing, but a trend towards their disappearance has already emerged. And the sooner this trend is noticed, the greater the chances of saving them. Another important amendment to the law was that a list of endangered plant species was added to the list of endangered animal species. In addition, according to the adopted amendments, federal authorities were prohibited from implementing any projects that would pose a threat to the existence of a particular species and its habitat. Despite the fact that this clause of the amendment to the law did not cause any special comments, during its consideration in Congress it was precisely this that became the basis of the conflict that arose during the construction of the dam on the river. Tellico. As written, the law did not allow the benefits of projects to be compared with possible consequences extinction of species.

Methods for regulating wildlife resources

There are a number of special methods for protecting endangered species and ways to increase the abundance and diversity of species of special interest, such as game species. In some cases, animals are simply moved from their natural habitats to regions with similar natural conditions where they were not previously found. This is generally done with common game species, such as Canada geese. Introduced to many regions of the country, the wild turkey now occupies an area significantly larger than what it occupied during colonial times.

If an analysis of the situation shows that a given species cannot survive without outside help even under favorable conditions, then the animals’ eggs are collected and hatched in incubators; Sometimes breeding programs are carried out in zoos. Animals raised in this way can be successfully returned to the wild in their natural habitat, although this is not possible in all cases. U sea ​​turtles which, following their instinct when hatched from the egg, immediately run to the water, and later return to the place of their birth to lay their eggs, apparently cannot develop the ability to correctly determine the direction to the place where they should lay their eggs, when they are born in captivity. They swim on dangerous depth, after which they cannot return to a section of the beach convenient for laying eggs. But at the same time, today about half of all whooping cranes existing in nature were bred and raised in captivity.

In some cases, efforts to preserve and propagate rare animals are so successful that it becomes possible to allow limited hunting of them. A hundred years ago, American bison herds were so large that you could spend hours watching just one herd pass by. Fifty years ago there were only a few hundred of them left. However, in recent years, the number of bison has increased so much that it has become possible to once again allow limited hunting for them.

Nature reserves and sanctuaries

system of reserves in the USA. At the beginning of the 20th century. in the United States, by decision of Congress, areas of undisturbed nature, or reserves, began to be alienated in order to promote the conservation of rare species. Plants are especially well preserved in nature reserves, which are created in areas where protected species grow. Several plant specimens botanical garden is not at all sufficient to ensure the preservation and reproduction of the species. The first plot of land intended to create a sanctuary for rare and endangered plant species was purchased in 1980. This was the Antioch Dunes in California, the original habitat of the now rare wallflower and evening primrose. Many species of animals also find refuge in the reserves. For example, in the Red Rocks Lake Nature Reserve (Montana), the trumpeter swan is found in abundance. WHAT SIZES SHOULD THE RESERVES BE? According to MANY experts in the field of nature conservation, nature reserves should be vast in area and measured in thousands of square kilometers. Smaller reserves may not be sufficient for the survival of some species, often those whose numbers have reached the most critical levels. For example, large predators such as wolves or large cats require huge spaces in order for them to feed themselves and their offspring. In addition, large-area reserves better protect protected species of animals and plants from the adverse effects of boundary factors, such as humans, and environmental pollutants.

Special studies carried out on the islands make it possible to judge what size parks and reserves should be. It would seem that the number of different species of animals and plants found on it depends on the size of the island. However, the results of studies of fauna on the Pacific islands conducted by ecologists Wilson (1984) and McArthur showed that doubling the island's area is not accompanied by the expected doubling of the number of species living on it. In order for the number of different species to double, an area ten times larger than the given one is required. We mention this work because parks and reserves increasingly seem to us to be veritable islands of wilderness in a sea of ​​human-disturbed environments.

According to the law of island biogeography, if 90% of natural habitats are disturbed, and only 10% of the entire territory is allocated for parks and reserves, then we will be able to preserve no more than half of the original number of species living here. It follows that if we preserve only that part of the Amazon rainforest that is currently occupied by parks and reserves, then two-thirds of the half a million species of animals and plants found in these forests will disappear forever from the face of the Earth.

It should be taken into account, however, that it is not yet completely clear whether the island theory is completely applicable to parks. Although research currently being conducted in tropical forests by ecologists such as Thomas Lovejoy, an employee of the International Wildlife Foundation, suggests that such a comparison is legitimate. Lovejoy gives the example of a 10-hectare nature reserve in which all the peccaries, a widespread, pig-like animal, have become extinct. As a result of an unexpected chain reaction, ten species of frogs that needed the wet depressions in the ground that the peccaries made also disappeared after the peccaries.

Another issue that conservationists need to address is the question of what size reserves should be to preserve and maintain genetic diversity within specific species. The fact is that as the population size of each species declines, the circle of marriage partners is steadily narrowing. And as a result, genetic similarity between descendants increases, i.e. the degree of inbreeding increases. This process is unfavorable from an evolutionary point of view. A population consisting of closely related individuals containing similar sets of genes is more vulnerable to the effects of a modified environment. Since the range, or limits of variability, of traits within such a population is greatly narrowed, the likelihood that individual individuals will be able to demonstrate greater resistance to adverse effects or diseases compared to the bulk of organisms is practically reduced to zero. In addition, there is a very high probability that climate change, outbreaks of infection, or competition from a new species could lead to the death of the entire population.

And yet, research conducted as part of the wildlife breeding program has shown that the mortality rate of cubs of rare species, such as cheetahs, which are characterized by little genetic variability, is always higher, both in natural conditions and in zoos. This is obviously explained a large number birth defects caused by inbreeding (mating of closely related individuals). The limited size of the reserve, within which only small populations of species (especially large mammals) can live, inevitably leads to such genetic homogeneity of populations.

Taking all these factors into account, the United Nations Educational and Scientific Organization (UNESCO) began to develop a program to create “biosphere” or “ecological” reserves, which would constitute a network of protected reference areas of the main ecosystems of the globe. Each reserve must be large enough in area to ensure the existence of all types of living organisms living within its boundaries, protect them from the adverse effects of external factors, and maintain the required level of genetic diversity. Only in this case, the conditions of existence in the reserves will allow animals not only to successfully grow and reproduce, but also to evolve; In addition, nature reserves will serve as a kind of standard of nature, in comparison with which it is possible to determine the extent of human impact on the environment.

In addition to laws requiring the creation of nature reserves, stricter laws are needed to limit the use of pesticides near protected areas where game animals or rare species of animals and plants live and breed.

Global economic aspects of conservation of endangered species of animals and plants

As a result of mastering this chapter, students should:

know

• concept and sources of environmental law;
• protection of various areas of the environment;
• international environmental organizations;
• international conferences on environmental issues;

be able to

• navigate the sources of international environmental law;
• assess the effectiveness of international environmental protection mechanisms;
• assess the effectiveness of the activities of international environmental organizations;
• assess the advisability of applying certain types and forms of international legal liability to a violator of international environmental law;

have skills

• operating with basic international legal concepts (definitions) used in this industry;
• working with sources of environmental law;
• analysis of decisions of international judicial bodies in cases concerning international environmental disputes.

The concept of international environmental law and its sources

International environmental law– a branch of modern international law that unites the principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources.

Nowadays, environmental issues are coming to the fore. The consequences of insufficient attention to them can be catastrophic, since the degradation of the natural environment may be irreversible, raising the question of the survival of humanity.

Water and air pollution harm human health and nature. Farmland degradation leads to drought and soil erosion. Massive destruction of forests negatively affects the climate and reduces biodiversity. A serious health threat is the depletion of the ozone layer, which protects against harmful radiation from the sun. The “greenhouse effect” leads to catastrophic changes in the Earth’s climate, i.e. global warming as a result of increasing emissions of carbon dioxide into the atmosphere. Irrational use of mineral and living resources leads to their depletion. Accidents at enterprises involving radioactive and toxic substances, not to mention nuclear weapons testing, cause enormous damage to human health and nature.

These and other environmental problems are global character. They cannot be solved by the efforts of one state, and, therefore, require joint efforts of the entire world community, since environmental protection concerns all aspects of its development and is vital for all countries, regardless of their level of development. States parties to the 1972 UN auspices the first World Environment Conference, in the accepted Declaration on the Human Environment, stated: “Man has the right to freedom, equality and proper living conditions, to an environment of such quality that makes it possible to live with dignity and prosperity.” Ensuring this right should be the responsibility of states, and only with their effective cooperation can real results be achieved. The directions of such cooperation were further defined in subsequent PLO resolutions. In particular, in the UN General Assembly resolution 1831 (XVII) of December 18, 1962, “Economic development and conservation of nature,” which attempted to orient the international community towards finding a combination of environmental and economic interests of society, developing a set of measures to protect specific natural resources.

IN Declaration of the 1972 United Nations Stockholm Conference on the Environment. 26 principles were formulated to guide states both when implementing international cooperation and when developing national programs in this area.

Adopted October 30, 1980 UN General Assembly resolution 35/8 "On the historical responsibility of states for preserving the nature of the Earth for present and future generations" once again called on all peoples to develop measures to protect the natural environment.

• On October 28, 1982, UN General Assembly resolution 37/7 was approved World Charter for Nature. In this most important international document there was Once again the importance of environmental protection is emphasized. In particular, the resolution noted:
  • – humanity is part of nature and life depends on the continuous functioning of natural systems, which are a source of energy and nutrients;
  • - civilization has its roots in nature, which has left its mark on human culture and influenced all creations of art and scientific achievements, and it is life in harmonious harmony with nature that provides man with the best opportunities for his development creative beginnings, recreation and leisure activities;
  • – any form of life is unique and deserves respect, whatever its usefulness to humans. To recognize this inherent value of other living beings, man must be guided by a moral code of conduct;
  • – a person can, through his actions or their consequences, modify nature and exhaust its resources, and therefore he must be fully aware of the urgent need to maintain the balance and quality of nature and its resources;
  • – the long-term benefits that can be obtained from nature depend on the conservation of ecological processes and systems essential to the maintenance of life, as well as on the diversity of organic forms that humans endanger through overexploitation or destruction of natural habitats;
  • – degradation of natural systems as a result of excessive consumption and abuse of natural resources, as well as the inability to establish an appropriate economic order between peoples and states leads to the destruction of the economic, social and political structures of civilization;
  • – the pursuit of rare resources is the cause of conflicts, and the conservation of nature and its resources contributes to the establishment of justice and the maintenance of peace. It is impossible to preserve nature and natural resources until humanity learns to live in peace and abandons war and the production of weapons. Man must acquire the knowledge necessary to conserve and enhance his ability to use natural resources, while conserving species and ecosystems for the benefit of present and future generations.

By adopting the World Charter for Nature, states confirmed the need to expand international cooperation in the field of environmental protection.

In June 1992, a Second UN Environment Conference, in which 178 states participated. The conference adopted Declaration entitled "Agenda 21", as well as a special resolution on the principles of cooperation between states in this area.

According to these principles:

• – the earth's natural resources, including air, water, surface, flora and fauna, must be protected for the benefit of present and future generations through careful planning and management;
• – the natural environment outside state borders is the common heritage of mankind and is not subject to national appropriation by declaring its sovereignty or through practical use, occupation, etc.;
• – the use of the environment, reproduction and renewal of natural resources must be carried out rationally;
• – research on the use of the environment should be carried out on the basis of equality and mutual benefit;
• – environmental protection must be carried out in interdependence with respect for human rights and fundamental freedoms;
• – prevention of harm means the responsibility of states to identify and evaluate substances, technologies, production and categories of activity that affect or may affect the environment;
• – prevention of environmental pollution means the obligation of the state to take individually or collectively all measures necessary to prevent pollution of the environment both as a whole and its individual components;
• – any state bears political or material responsibility within the framework of its obligations under treaty or other rules of international law in the field of environmental protection.

During the Conference, two universal conventions were also signed:

• – Convention on Biological Diversity and
• – UN Framework Convention on Climate Change.

In accordance with the recommendations of the Conference, an international environmental organization Commission on Sustainable Development (CSD), whose main task is to promote the implementation of Agenda 21 at the national, regional and global levels.

According to the plan, the Conference in Rio was supposed to mark the beginning of close cooperation between government authorities, business and the public in the implementation of ideas sustainable development. However, the achievement of this goal was prevented by the differences that emerged during the conference between industrialized and developing countries. Thus, due to the opposition of the “third world” countries, the forum participants failed to develop an agreement on one of the most pressing problems - the total destruction of tropical forests. A certain split has also emerged in the ranks of developed countries, as a result of which the Climate Change Convention did not include specific obligations of states on the volume and rate of reduction of greenhouse gas emissions into the atmosphere.

Activities to implement the decisions of the conference turned out to be ineffective, which became clear at the special session of the UN General Assembly called “Rio Plus 5” held in June 1997 (five years have passed since the Conference). During the discussions, it became clear that humanity is still on the path to environmental disaster.

In 2002 it took place UN Conference on Sustainable Development - Rio+20. The participating world leaders, along with thousands of representatives from the private sector, NGOs and other groups, collaborated to develop a strategy to ensure real environmental protection measures.

In 2012, a UN World Summit on Sustainable Development, which was attended by representatives of 195 countries, including presidents and prime ministers. During the Summit, its participants adopted the Political Declaration of the Forum, calling on all countries to work for the benefit of common prosperity and peace. An Action Plan to combat poverty and protect the earth’s ecology was also adopted, which provides for a number of large-scale actions providing access to hundreds of millions of people to clean water and electrical energy. The plan stipulates comprehensive environmental programs that slow down deforestation and depletion of the world's oceans' fisheries resources. The plan also provides for a global reduction in subsidies for the extraction of fossil fuels and a transition to renewable energy sources. The summit in Johannesburg, with its decisions and obligations imposed on countries, once again emphasized the enormous importance of global agreements on the fundamental problems of life support for the planet's population, the role in this provision of developed countries and international organizations, which are the only instrument capable of ensuring agreements and decision-making at the level of the entire planet . The summit once again proved that the most important organization in this sense is the UN, the role and importance of which will constantly increase over time, which will require the implementation of appropriate transformations of this organization necessary in order to meet the requirements of the time.

Despite the fact that the resolutions of international environmental conferences are recommendations by their nature, the provisions enshrined in them to a certain extent contribute to greater uniformity of practice in the field of international environmental activities, prepare the ground for the subsequent development of agreements on these issues, and determine fundamental principles for states to develop legally binding international agreements– sources of international environmental law.

• The concept of “international environmental law” is also common in Russian literature. The term "environmental law" seems preferable only because of its international use.

Concept of international environmental law

International environmental law is a set of principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources. In domestic literature, the name “international environmental law” is more common. The term "environmental law" seems preferable only because of its international use. S. V. Vinogradov, O. S. Kolbasov, A. S. Timoshenko, V. A. Chichvarin are known for their research in this area.

Nowadays, environmental protection comes to the fore. The consequences of insufficient attention to the problem can be catastrophic. This is not just about the well-being of humanity, but about its survival. What is especially alarming is that the degradation of the natural environment may be irreversible.

Water pollution harms human health and fish stocks. Farmland degradation has led to drought and soil erosion in many areas. Hence malnutrition, hunger, disease. Air pollution is increasingly damaging people's health. Massive destruction of forests has a negative impact on the climate and reduces biodiversity and the gene pool. A serious health threat is the depletion of the ozone layer, which protects against harmful radiation from the sun. The “greenhouse effect”, i.e., global warming as a result of growing emissions of carbon dioxide into the atmosphere, is leading to catastrophic changes in the Earth’s climate. The irrational use of mineral and living resources leads to their depletion, which again poses the problem of human survival. Finally, accidents at enterprises involving radioactive and toxic substances, not to mention nuclear weapons testing, cause enormous damage to human health and nature. It is enough to recall the accident at the Chernobyl nuclear power plant and at the American chemical plant in India. Armed conflicts cause great damage to the environment, as evidenced by the experience of the wars in Vietnam, Kampuchea, the Persian Gulf, Yugoslavia, etc.

The position of states regarding environmental protection varies. The states that were formed as a result of the liquidation of the USSR inherited a difficult legacy as a result of long-term neglect of the interests of protecting nature. Vast areas were poisoned and unable to provide normal living conditions. Meanwhile, resources to correct the situation are extremely limited.

In developing countries, environmental problems can undermine the success of the development process, and the means to change the situation are lacking. In the most developed countries, the existing consumption system leads to such a depletion of resources not only in their own, but also in other countries, which poses a threat to future development throughout the world. This demonstrates that environmental protection concerns all aspects of social development and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the policy of any state. Since national parts of the environment form a single global system, its protection should become one of the main goals of international cooperation and an integral element of the concept of international security. In a resolution of 1981, the UN General Assembly indicated the importance of peace for nature conservation and noted the inverse relationship - nature conservation contributes to strengthening peace by ensuring the proper use of natural resources.

All of the above stimulates the dynamic development of international environmental law. A noteworthy feature of this development is the large role of the public and the media. Many acts and decisions are taken by governments under their influence. Mass movements in defense of nature and various green parties are becoming increasingly influential.

The position of governments is explained by differences in interests. Protecting the environment is very expensive. It negatively affects the competitiveness of goods. Activities on their territory do not prevent transboundary pollution. Factories on the Kola Peninsula are damaging the Norwegian environment. In 1996, Russia entered into an agreement for Norway to finance the installation of filters at a metallurgical plant on the Kola Peninsula. In general, the problem can only be solved on a global scale, and this requires enormous funds.

International environmental law began to take shape as customary law, first of all, this concerns its principles. This is how the basic principle of international environmental law was established - the principle of not causing harm to the nature of another state by actions carried out on its own territory. The most general principle has emerged - the principle of environmental protection. The principle of responsibility for causing harm to the nature of another state is being established. I would especially like to note the cardinal principle, which was formulated in the Declaration of the UN Conference on the Human Environment in 1972 as follows: “Man has the fundamental right to freedom, equality and proper living conditions, to an environment of such quality that makes it possible to live in dignity and well-being.” .

International environmental law is closely related not only to human rights, but also to other branches of international law. As we have seen, environmental protection is also a principle of maritime and space law. The International Labor Organization pays significant attention to the protection of workers from polluted environments; for example, in 1977 it adopted the Convention for the Protection of Workers against Occupational Hazards from Air Pollution, Noise and Vibration.

In the general process of formation of customary norms of international environmental law, an important role is played by resolutions of international organizations and conferences, which pave the way for positive law. As an example, I will point to such acts of the UN General Assembly as the 1980 resolution “On the historical responsibility of states for preserving the nature of the Earth for present and future generations” and the 1982 World Charter for Nature.

Treaties are an important source of international environmental law. In recent years, a whole range of universal conventions in this area have been adopted, which give an idea of ​​the subject matter of this branch of international law. First of all, these are the Convention on the Prohibition of Military or Any Other Hostile Impact on the Natural Environment of 1977, as well as the Convention for the Protection of the Ozone Layer of 1985, the Convention on the Conservation of Migratory Species of Wild Animals of 1979, the Convention on International Trade in Species of Wild Fauna and endangered flora, 1973, UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972

Among these conventions there is no main, fundamental one that would contain the provisions reflected in the mentioned UN resolutions. There is not even a convention dedicated to such current problem as air protection. Regional organizations have made more progress in this direction.

The leading role in the development of international environmental law belongs to international organizations. The UN occupies a special place. Fundamental resolutions of the General Assembly have already been noted earlier. The Economic and Social Council is constantly involved in environmental issues; an important role belongs to other organizations of the UN system, as well as its regional commissions. In their field, the United Nations Industrial Development Organization (UNIDO), UNESCO, the International Atomic Energy Agency (IAEA), the World Health Organization (WHO), and the Food and Agriculture Organization (FAO) are developing rules for environmental protection. There is a special United Nations Environment Program (UNEP), which is practically an international organization, although legally it is a subsidiary body created by a resolution of the General Assembly. UNEP has a primary role in promoting the development of international environmental law. Within its framework, the foundations of this right are being developed and the preparation of conventions is being initiated.

Regional organizations play a significant role. Environmental protection is one of the main objectives of the CFE. Within its framework, a number of conventional acts and a number of decisions in this area have been adopted.

Cooperation within the CIS is expected to play a significant role in protecting the environment. This task is set by the CIS Charter and confirmed by many other acts. The 1996 Treaty between Belarus, Kazakhstan, Kyrgyzstan and Russia obliges to increase “cooperation in the field of environmental protection, including the development and adoption of common environmental safety standards.” The parties “take joint measures to prevent and eliminate the consequences of accidents, natural disasters, nuclear and environmental disasters” (Article 9). The above provisions give an idea of ​​how the principle of environmental protection is understood in the relations between the CIS countries.

To implement the principle, in 1992 the CIS countries concluded an Agreement on cooperation in the field of ecology and environmental protection. Based on the Agreement, the Interstate Environmental Council was established, and under it the Interstate Environmental Fund. The task of the Council is to coordinate cooperation between states in the field of nature conservation and to prepare relevant regulations. The fund is intended to finance interstate programs, assistance in eliminating environmental emergencies, as well as design and research work in the field of environmental protection.

Protection of various types of environment

The marine environment was one of the first to become the object of protection. The relevant provisions are contained in the general conventions on the law of the sea. Particular attention is paid to combating oil pollution. The first environmental universal convention is devoted to this problem - the London Convention for the Prevention of Marine Pollution by Oil of 1954. It prohibited the discharge of oil and oil-water mixture from ships: After a number of accidents with tankers, new conventions were adopted. The Brussels Convention on Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, gave coastal states very broad powers, including the right to destroy the vessel and cargo in the event of a threat of serious pollution of the coast and coastal waters. The Convention paved the way for the control of marine pollution and other substances in similar cases (1973 Protocol).

Naturally, the question of compensation for damage caused by oil pollution arose. Already in 1969, the Brussels Convention on Civil Liability for Damage from Oil Pollution was dedicated to it. It established absolute, i.e., independent of fault, liability of shipowners, but at the same time limited its scope, albeit to a rather high ceiling. Combating the consequences of oil pollution requires joint action by states. The Oil Pollution Preparedness, Control and Cooperation Convention of 1990 is dedicated to the organization of such actions.

The prohibition of all operational discharges from ships is contained in the Convention for the Prevention of Pollution from Ships of 1973. The Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972 is devoted to the disposal of environmentally harmful substances at sea.

Agreements have also been concluded at the regional level. Thus, the 1992 Convention for the Protection of the Black Sea from Pollution deals with issues of land-based sources of pollution, disposal, and cooperation in combating pollution by oil and other harmful substances in emergency conditions.

The Baltic Sea also occupies a special position. It has been designated as a "special area" by the 1973 Convention for the Prevention of Marine Pollution from Ships. Such areas are subject to increased pollution prevention requirements. In 1974, the Baltic countries concluded the Helsinki Convention for the Protection of the Marine Environment of the Baltic Sea Area. Its peculiarity is the prohibition of sea pollution from land. On the basis of the Convention, the Commission for the Protection of the Marine Environment of the Baltic Sea was created. However, it soon became clear that the provisions of the Convention were insufficient, and in 1992 a new Convention for the Protection of the Marine Environment of the Baltic Sea was adopted, which established more stringent requirements. I would especially like to note that its effect extends to a certain part of internal waters; the limits of such distribution are determined by each state.

The waters of rivers and lakes differ so significantly that the development of a common convention was impossible. Even the regional convention prepared by the Council of Europe in 1974 did not receive the required number of ratifications. Separate provisions on the prevention of river pollution are contained in agreements on other issues. The mentioned Baltic Sea Convention also affects the rivers flowing into it. But in most cases, protection issues are resolved by agreements between coastal states, although so far unsatisfactorily. As a positive example, we can refer to the norms and organizational forms of protection of the Rhine waters. In 1963, the Berne Convention for the Protection of the Rhine from Pollution was signed. To implement it, a Commission was established, which in 1976 prepared a Convention for the Protection of the Rhine against Pollution by Chemicals and another on Protection against Chlorides.

In connection with the growing consumption of fresh water and the limited availability of its resources, the issue of protecting freshwater basins is acquiring exceptional importance. As a result, new aspects of international environmental law are emerging. Responding to the demands of life, the UN International Law Commission prepared and submitted to the General Assembly draft articles on the right of non-navigational use of international watercourses.

A watercourse is understood as a system of not only surface water, but also underground water, forming a single whole and usually flowing to one outlet. International watercourses are watercourses, parts of which are located in different states. The regime of such watercourses is determined by agreement of the states with whose territory they are connected. Each such state has the right to participate in the agreement.

States have an obligation to use watercourses in such a way as to provide them with the necessary protection. They are obliged to participate in the protection of watercourses on an equitable basis and to cooperate to achieve this goal.

The air environment, as already noted, is the common heritage of humanity. Despite this, its protection is not reflected in any way in international environmental law. The issue is being resolved at the bilateral and regional levels. Perhaps the only significant step in this area is the 1979 Convention on Long-Range Transboundary Air Pollution prepared within the framework of the CFE, which was subsequently supplemented by a number of protocols. Particular attention is paid to reducing sulfur emissions into the atmosphere, which generate acid rain, which is transported over long distances and harms all living things.

An important direction in protecting nature is cooperation in counteracting the increase in the greenhouse effect, i.e., global warming as a result of the saturation of the atmosphere with carbon dioxide, the main source of which is motor transport. The consequences of this effect could be catastrophic in the coming decades. On the one hand, new vast deserts will appear, and on the other, rising sea levels will lead to the flooding of large areas developed by humans. In 1992, the UN Framework Convention on Climate Change was adopted. It defined general provisions and main areas of cooperation. The general responsibility of states is established, but differences in economic potential must be taken into account. Particular attention should be paid to the interests of developing countries, which are most vulnerable to negative climate change, and on the other hand, have the least ability to counteract it.

The ozone layer protects the Earth from the harmful effects of ultraviolet radiation from the Sun. Under the influence of human activity, it has been significantly depleted, and “ozone holes” have appeared over some areas. In 1985, the Convention for the Protection of the Ozone Layer was adopted. It talks about monitoring his condition and cooperating to protect him. In 1987, the Montreal Protocol regarding substances that lead to the depletion of the ozone layer appeared. Restrictions have been established on the production of substances that negatively affect this layer.

Radioactivity from the peaceful and military uses of nuclear energy has become a serious danger to life on Earth. An important step in reducing it was the Moscow Treaty banning nuclear weapons tests in the atmosphere, in outer space and under water in 1963. The IAEA sets safety standards for the use of nuclear energy in the national economy, including the safety of workers associated with it. The Convention on the Physical Protection of Nuclear Materials of 1980 was prepared. The Convention contains provisions allowing any state to prosecute foreigners for relevant crimes, regardless of where they were committed.

The European Atomic Energy Agency operates in Europe. The main standards in this area are established by the Treaty establishing the European Atomic Energy Community (EUROATOM).

Protection of fauna and flora

The 1972 United Nations Stockholm Conference on the Human Environment endorsed the principle that the Earth's natural resources, including air, water, surface, flora and fauna, should be protected for the benefit of present and future generations through careful planning and management where necessary.

The overall strategy was developed by a non-governmental organization, the International Union for Conservation, Nature and Natural Resources, and published in 1982 as the World Conservation Strategy Program of Action. In the process of preparing the document, numerous consultations were held with governments and international organizations. The purpose of the strategy is to contribute to the achievement of sustainable development through the conservation of living resources by offering governments effective methods for regulating these resources. The strategy aims to support important ecological processes and self-preservation of systems, such as soil restoration and protection, nutrient recycling, water purification, and biodiversity conservation. Many vital processes depend on all this. The goal is to ensure the sustainable use of certain species of animals and vegetation, as well as ecosystems.

Achieving these goals should be as quickly as possible. The Earth's ability to provide for its population is constantly decreasing. Many millions of tons of soil are lost every year due to deforestation and misuse. At least 3 thousand square meters per year. km of agricultural land are taken out of use only in industrialized countries as a result of the construction of buildings and roads.

As one of the important means of achieving its goals, the strategy points to a radical improvement of legislation on natural resources. It is necessary to create more effective and broad-based national environmental law, along with increased development of international environmental law. The survival of the entire diversity of nature, including humans, can be ensured only on the condition that state policies are built with an understanding of the fact that all elements of nature are interconnected, interdependent, that the environment is a single global system.

The same Union prepared the World Charter for Nature, which was approved and solemnly proclaimed by the General Assembly in 1982. According to the Charter, living resources should not be used beyond their restoration capabilities; Soil productivity should be maintained and increased; resources, including water, should be recycled and reused whenever possible; Non-renewable resources should be used with maximum restrictions.

Among the conventions dedicated to flora and fauna, I would like to mention first of all the Convention for the Protection of the World Cultural and Natural Heritage of 1972, designed to ensure cooperation in the protection of natural complexes of particular importance, habitats of endangered species of animals and plants. The Tropical Forest Agreement of 1983 is dedicated to the protection of flora. Of general importance is the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, which established the basis for control of such trade.

The bulk of the conventions are aimed at protecting various representatives of the animal world - whales, seals, polar bears. I would particularly like to note the 1992 Convention on Biological Diversity, the name of which gives an idea of ​​its content. The 1979 Convention on the Conservation of Migratory Species of Wild Animals is also important.

Everything that has been said above gives an idea of ​​the enormous importance of environmental protection and the urgency of decisive measures based on broad cooperation between states. This determines the role of international environmental law, which still lags behind the needs of life.

Environmental protection is one of the global problems of the survival of human civilization. Therefore, the natural environment is important object international legal regulation.

Under environmental law understand the set of principles and norms governing the activities of states to prevent and eliminate damage of various types and from various sources caused to the national environmental systems of individual states and environmental systems located outside of national jurisdiction.

Main objects international legal protection of the natural environment are land, subsoil, oceans, celestial bodies, airspace, outer space, flora and fauna of the Earth, as well as the fight against the main sources of environmental pollution.

The main sources of environmental pollution are industrial and chemical waste, nuclear weapons and composite materials, oil and gas, vehicles, human activities (legal and illegal).

There are the following groups of objects international legal protection of the natural environment: I. The entire planetary environment (ecosystem) of the Earth:

The World Ocean and its natural resources;

Atmospheric air;

Near-Earth space;

Individual representatives of the animal and plant world;

Unique natural complexes;

Part of freshwater resources, the genetic fund of the Earth (chernozem).

P. National natural resources^ under the jurisdiction of the state. In determining their legal status, the main role is played by the norms of internal law. At the same time, the number of international treaties relating to their protection is increasing for individual objects.

III. International natural resources that are outside the scope of national jurisdiction or that, in the process of their development (natural cycle), end up on the territory of other states.

The legal regime for the protection and use of these resources is determined by the norms of international law.

Resources are divided into two groups:

1. Universal, which are in the common use of all states (for example, the high seas, outer space, Antarctica, the seabed beyond national jurisdiction);

2. Multinational(shared) that are owned or used by two or more countries (e.g. water resources multinational rivers, populations of migratory animals, border natural complexes).

Sources of international environmental law are divided into two groups:

- international treaties And

- international customs. Types of international treaties:

A) universal:

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials, 1972;

Convention for the Prevention of Pollution from Ships, 1973;

Convention on International Trade in Endangered Species of Wild Flora and Fauna, 1973;

Convention on the Prohibition of Military and Any Other Hostile Use of Environmental Modifications, 1977;

Convention on Long-Range Transboundary Air Pollution, 1979;

1982 UN Convention on the Law of the Sea; 6) regional:

- Convention for the Conservation of Fauna and Flora of Europe, 1979;

Convention for the Protection of the Mediterranean Sea against Pollution, 1976.

And others.

Basic principles of international environmental law:

- international environmental cooperation between states and other subjects of international law;

Non-harm to the environment;

Assessment of transboundary environmental consequences of the planned activity;

The natural environment beyond the state border is the common property of all humanity;

International liability for environmental damage;

Freedom to explore and use the natural environment and its components;

Rational use of the natural environment;

And others.

In the context of the ongoing scientific and technological revolution, increasing real threat In the event of man-made emergencies, the importance of international cooperation in this area increases. A major role in such cooperation is played by the conclusion of international agreements of a specialized nature. For example, international conventions on environmental safety include:

a) Convention on the Prohibition of Military or Any Other Hostile Impact on the Natural Environment of 1977, which obliges:

Do not resort to military or any other enemy
careful use of means of influencing the environment
destroying the natural environment through deliberate
changes in the dynamics of the state, structure of the Earth, including
tea its biota, lithosphere, hydrosphere, atmosphere or
space; i

Do not assist, encourage or induce subjects of international law to carry out military or other hostile use of means of influencing the natural environment;

Use means of influencing the natural environment for peaceful purposes;

Take any legal measures to prohibit and prevent any activity contrary to the implementation of environmental safety measures;

b) The 1979 Convention on Transboundary Air Pollution, which obliges:

Protect people and the natural environment from air pollution, limit, reduce and prevent air pollution from sources located on state territory;

Through information exchange, consultation and monitoring (continuous surveillance), develop a strategy to combat air pollutant emissions;

Develop the best systems for regulating air quality and measures to combat air pollution.

International cooperation in the field of environmental protection can be global, regional, subregional and interstate.

In 1972, the UN Environmental Protection Program (UNEP) was developed within the framework of the UN, with headquarters in Nairobi (Kenya). This program is a special international mechanism for coordinating cooperation between states in the field of environmental protection. UNEP is composed of a Governing Council, a Secretariat and an Environment Fund.

UNEP is headed by a Director and a Governing Council consisting of representatives of 58 countries. The main functions of the Council are:

Promoting international cooperation in the field of the environment and providing, as appropriate, policy advice for this purpose;

Provide general management and coordination of environmental programs carried out by UN organizations;

Preparation of environmental reviews and identification of ways of international cooperation;

Carrying out constant monitoring (monitoring) of the impact of national and international policies on the state of the environment and environmental measures for developing countries;

Preparation of an overview of the activities provided for by the Environment Fund, etc.

UNEP operates in session. The session meets annually, and the executive director and secretariat participate in its preparation.

The executive director heads the office, which includes: the environmental assessment department; Department of Management in the Field of Environmental Protection; department but problems are omitted

tinkling; environmental education sector; | sector reports on the state of the natural environment! environment.

Under the leadership of the secretariat there are: program bureau; Department of External Relations and Policy Planning; liaison offices in New York and Geneva; information service, regional offices.

In matters relating to the activities of the Natural Environment Fund, the Bureau of Issues plays an important role! Environment Fund and Administration. It includes an administrative department and an assistant executive director.

To the most important areas of environmental protection | UNEP activities include:

Protection of individual natural objects(protection of the marine environment, protection of soils and fresh waters);

Fight with various types harmful effects I (combat desertification, pollution);

Rational use of natural resources;

Creation of a global reference service for monitoring the state of the environment (monitoring);

Studying environmental features development of j settlements;

Development of an international legal framework for environmental activities, etc.

With the support and active participation of UNEP, the 1976 Convention for the Protection of the Mediterranean Sea against Pollution, the 1978 Kuwait Regional Convention for the Protection of the Marine Environment against Pollution, the 1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals and many others were developed and adopted.

International forums organized under the auspices of the UN and dedicated to the problems of environmental protection are very relevant and effective. One of such representative international forums was the Conference on Environmental Protection

on the Environment and Development, which took place in 1992 in Rio de Janeiro. The most important result of the conference was the adoption of the Declaration.

The principles enshrined in the Rio Declaration:

Compliance with human rights in the field of environmental protection;

Cooperation between states in the field of environmental protection;

Sustainable development of human society;

Peace and peaceful resolution of environmental disputes.

The same document again established the principles of cooperation between states in the field of environmental protection:

(a) protection of the natural environment is an integral part of the process of peaceful development;

(b) adoption by states of effective laws in the field of environmental protection, establishing the responsibility of subjects for environmental pollution;

(c) preventing the transfer of pollutants to other states that cause damage to the environment and humans;

(d) mutual information about activities that may have negative transboundary consequences for the natural environment;

(e) global partnership of states to preserve the Earth's ecosystem;

(f) assessment of the expected environmental consequences of prospective activities;

(g) respect for international law and ensuring the protection of the natural environment during armed conflicts.

In addition to universal international organizations, many regional organizations of general and special competence deal with problems of environmental protection.

Thus, the Maastricht Treaty European Union(EU) consolidates the environmental goals of this organi-! nization - to promote international level measures (| relating to regional and global environmental problems. The annexes to the Maastricht Treaty are three declarations on environmental topics: directives on harmful emissions on the impact of EU measures on environmental protection; on animal protection.

Within the EU, the European Environment Agency and the European Environmental Information and Observation Network were created in May 1990. The main task of this Agency is to provide the EU and Member States with objective information in order to develop and implement effective and efficient environmental policies. The Agency compiles quarterly reports on the quality, intensity and nature of the impact on the environment, develops uniform assessment criteria, and data on the state of the environment. The priority objects of observation in the Agency's activities are: air, its quality and emissions into the atmosphere; water, its quality and agents polluting water resources; soil, its condition, flora, fauna, biocurrents and their condition; land use and natural resources; recycling and reuse of waste, waste-free technologies; noise pollution; chemicals harmful to the environment, etc.

Other regional organizations (OSCE, CoE, CIS) are paying more and more attention to environmental security issues. Thus, within the framework of the OSCE, a Meeting on environmental protection was held in Sofia in 1989. The recommendations of the Meeting, which were later adopted by the Paris Summit (1990), emphasized the importance of cooperation between states in the scientific, technical, administrative, legal and educational aspects of environmental protection.

Regional organizations with special competence include the Commission for the Countries of the South Pacific, which was created in 1947. Its main task is to promote the improvement of economic, social and cultural conditions, as well as environmental protection, through mutual consultations between the governments of the region.

An example of international subregional cooperation between states in the field of environmental activities is the Black Sea Protection Program, developed within the framework of the Black Sea Economic Cooperation Organization established in June 1992.

International non-governmental organizations play a major role in protecting the natural environment (World Wildlife Fund, Greenpeace, International Institute on Environment and Development, International Council on Environmental Law, International Environmental Court, etc.). Their activities are intensifying and becoming increasingly effective in the international arena, providing public support and; control of the international community in matters of environmental safety. International practice in recent years provides examples of positive interaction between states and international intergovernmental organizations with these public structures in the environmental field.

Literature:

1. Kolbasov O.S. International legal protection of the environment. - M., 1982.

2. International law course. In 7 volumes. T. 5. - M., 1992.

3. Speranskaya L.V., Tretyakova K.V. International environmental law. - M., 1995.

4. Timoshenko A.S. Formation and development of international environmental law. - M., 1986.

5. Chichvarin V.A. Environmental protection and international relationships. - M., 1970.

MINISTRY OF EDUCATION OF THE RUSSIAN FEDERATION

Syktyvkar State University Faculty of Parallel Education and External Studies

Department of Civil Law and Procedure

Test in the discipline "Environmental Law"

Checked:

Makhmudova Zh.A.

Completed by a 4th year student

6400 group, Mantarkov G.Kh.

Syktyvkar 2004

1. International legal principles of cooperation in solving environmental problems

1. International legal principles of cooperation in solving environmental problems

According to the legal and semantic significance, the declared principles of environmental protection can be divided into nine groups, at the head of which, of course, it is necessary to determine the principles that affirm the right of citizens to a favorable environment, although 20 years ago priority was given to the sovereignty of states to use natural resources and protect the environment environment.

So, the first group includes principles that establish the priorities of human rights to a favorable environment and sustainable development. Caring for people is central to efforts to achieve sustainable development. People have the right to a healthy and productive life in harmony with nature. The right to development must be realized to ensure that the development and environmental needs of present and future generations are equitably met. To achieve sustainable development, environmental protection must be an integral part of the development process and cannot be considered in isolation from it.

Note also that Principle 2 of the Stockholm Declaration states that the Earth's natural resources, including air, water, land, flora and fauna, and especially representative examples of natural ecosystems, should be conserved for the benefit of present and future generations through careful planning and management as appropriate .

The second group of principles proclaims the sovereignty of states over the use of natural resources. This provision is especially clearly reflected by the principle of the 21st Stockholm Conference, which states: “In accordance with
Under the Charter of the United Nations and the principles of international law, States have the sovereign right to use their own resources in accordance with their national policies in approaching environmental problems, and it is their responsibility to ensure that activities within their jurisdiction or control do not cause harm to the environment in other States or areas beyond national jurisdiction."

States adopt effective environmental legislation. Environmental standards, regulatory objectives and priorities should reflect the environmental and development contexts in which they apply. Standards applied by some countries may be inappropriate and impose unreasonable economic and social costs in other countries, particularly developing countries.

Principle 8 of the Rio Declaration states that to achieve sustainable development and a higher quality of life for all people, states must limit and eliminate unsustainable patterns of production and consumption and promote appropriate population policies.

The third group of principles characterizes the responsibilities of citizens in the field of environmental protection. Every person is called to act in accordance with the provisions of the World Charter for Nature; Each person, acting individually, must strive to ensure that the objectives and provisions of the Charter are achieved (clause 24).

In the Declaration of Rio de Janeiro these provisions are formulated as follows:

Women play a vital role in environmental management and development. Therefore, their full participation is necessary to achieve sustainable development;

The creativity, ideals and courage of the world's youth must be mobilized to forge a global partnership to achieve sustainable development and a better future for all;

Indigenous people and their communities, as well as other local communities, have a vital role to play in managing and improving the environment through their knowledge and traditional practices.
States must recognize and duly support their identity, culture and interests and ensure their effective participation in achieving sustainable development;

The environment and natural resources of peoples living under conditions of oppression, domination and occupation must be protected.

The fourth group declares responsibility for environmental protection. Principle 4 of the Stockholm Declaration proclaimed the special responsibility of man for the conservation and wise management of works of nature and its environment, which are under serious threat due to a number of unfavorable factors. And the World Charter for Nature states: the genetic basis of life on Earth should not be endangered; the population of every form of life, wild or domesticated, must be maintained at least at a level sufficient for its survival; the necessary habitat should be preserved (principle 2); these principles of conservation apply to all parts of the earth's surface, land or sea; special protection should be provided to unique areas - typical representatives of all types of ecosystems and habitats of rare or endangered species (principle 3); Ecosystems and organisms used by humans, as well as terrestrial, marine and atmospheric resources, should be managed in such a way that their optimal and continuous productivity can be achieved and maintained, without compromising the integrity of those ecosystems or species with which they coexist (principle 4).

The fifth group sets priorities in the use of natural resources. The World Charter for Nature provides (principle 10) that natural resources should not be wasted, but used in moderation: a) biological resources are used only within the limits of their natural ability to recover; b) soil productivity is maintained or improved through measures to preserve its long-term fertility and the process of decomposition of organic matter and to prevent erosion and any other forms of self-destruction; c) reusable resources, including water, are reused or recycled; d) non-renewable single-use resources are exploited in moderation, taking into account their reserves, rational possibilities for their processing for consumption and the compatibility of their operation with the functioning of natural systems.

The sixth group consists of principles (in particular, principles 6 and 7
Stockholm Declaration), focused on preventing environmental pollution and other harmful effects on nature. The Charter on this issue states the following: any discharge of pollutants into natural systems If such a release is unavoidable, these pollutants must be treated at the sites where they are produced using the best means available to producers, and special precautions must be taken to prevent the discharge of radioactive and toxic waste (Principle 12 ).

The seventh, most extensive group of environmental protection principles involves close and effective international cooperation in this area. Nations cooperate in a spirit of global partnership to preserve, protect and restore the health and integrity of the Earth's ecosystem. Because of their different roles in global environmental degradation, states bear common but different responsibilities. Developed countries recognize the responsibilities they bear in the context of international efforts to achieve sustainable development, taking into account the stress that their societies place on the global environment, technology and financial resources they possess.

Principle 12 of the Rio Declaration states that to better address environmental degradation, nations must cooperate to create an enabling and open international economic system that leads to economic growth and sustainable development in all countries. Trade policy measures taken to protect the environment must not constitute means of arbitrary or unjustified discrimination or disguised restrictions on international trade. Unilateral actions to address environmental issues outside the jurisdiction of the importing country should be avoided. Environmental measures aimed at solving transboundary or global environmental problems should, as far as possible, be based on international consensus.

States should develop national laws regarding liability and compensation for victims of pollution and other environmental damage. States are also cooperating promptly and more decisively to further develop international law relating to liability and compensation for the adverse effects of environmental damage caused by activities under their jurisdiction or control in areas outside their jurisdiction (principle 13).
States must cooperate effectively to curb or prevent the transfer and transfer to other States of any activities and substances that cause serious environmental damage or are considered harmful to human health (principle 14). In order to protect the environment, states widely apply the precautionary principle to the best of their ability. Where there is a threat of serious or irreversible harm, the lack of full scientific certainty cannot be a reason for delaying the adoption of cost-effective measures to prevent environmental degradation (Principle 15). National authorities should endeavor to promote the internationalization of environmental costs and the use of environmental means, taking into account the approach that the polluter is obliged to cover the costs of pollution, giving due consideration public interest and without disrupting international trade and investment (principle 16).

Grade environmental consequences as a national instrument is carried out in relation to proposed activities that may have a significant negative impact on the environment and which are subject to approval by a decision of the competent national authority (principle
17). The State shall immediately notify other States of any natural disasters or other emergency situations that may result in unexpected adverse environmental consequences in those States.
The international community is making every effort to provide assistance to affected States (Principle 18). States provide advance and timely notification and relevant information to potentially affected States about activities that may have significant adverse transboundary effects, and consult with those States early and in good faith (Principle 19). States should cooperate to strengthen efforts to build national capacity to achieve sustainable development by enhancing scientific understanding through the exchange of scientific and technological knowledge and enhancing the development, adaptation, diffusion and transfer of technologies, including new and innovative technologies (principle 9).

The eighth group characterizes the principles ensuring the right to information. In accordance with Principle 10 of the Rio Declaration, environmental issues are resolved in the most effective manner with the participation of all concerned citizens - at the appropriate level. At the national level, everyone should have adequate access to environmental information held by government authorities, including information on hazardous materials and activities, and the opportunity to participate in decision-making processes. States shall develop and encourage public awareness and participation through the widespread provision of information. The effective use of judicial and administrative procedures, including redress and remedies, is ensured.

The ninth group establishes obligations to protect the environment in cases of armed conflict. War inevitably has a destructive impact on the process of sustainable development. States should therefore respect international law that protects the environment during armed conflicts and, where necessary, cooperate in its further development.

The process of improving legal norms regulating environmental protection reached a new level in the 90s. Taking into account the recommendations and principles set out in the documents of the UN Conference on Environment and Development (Rio de Janeiro, 1992), decisions of the UN Commission on Sustainable Development, more than 20 countries around the world have adopted national programs on environment and development 4 .

These programs reflect the main recommendations and principles of documents adopted in 1992 in Rio de Janeiro at the UN Conference on Environment and Development, the desire to make a transition to sustainable development, providing a balanced solution to socio-economic problems, problems of preserving a favorable environment and natural resource potential in order to meet the needs of current and future generations of people. The “Agenda 21st Century” adopted by the UN Conference outlines the strategy of the world community for the future, providing for the harmonious achievement of the main goals - preserving the environment and a healthy economy for all peoples of the world. This involves environmental protection and rational use of natural resources, conservation of biological diversity, environmentally friendly use of high technologies, chemical substances taking into account the solution of socio-economic problems.

2. Objects of international legal environmental protection

The object of international legal protection is the entire nature of the planet
The Earth and near-Earth space within the limits within which man actually influences the material world. But since the natural environment has a number of internal structural divisions, its elements and protected objects differ. Including:

Continents that constitute the main and immediate living space for the development of humanity. Traditionally, this concept covers the entire natural complex, firmly connected to the land surface of the Earth, i.e. soils, bowels of the earth, water resources, flora and fauna. However, in recent years, there has been a differentiation of natural objects in the field of international legal protection, and international rivers and other continental water bodies, migratory animals that spend certain periods of life in the territory of various countries and in international spaces, etc. are gradually gaining independent recognition as protected objects. natural resources belonging to two or more countries.

Atmospheric air is the gaseous envelope of the globe, lying between the surface of the Earth and outer space. The composition of atmospheric air gases is relatively constant, containing oxygen, nitrogen, and carbon dioxide in certain proportions, which ensures one of the basic physiological needs of living organisms - respiration, as well as a number of metabolic processes in nature.

Space is all material space lying beyond the Earth and its atmosphere. Outer space is infinite. But the sphere of influence of people is limited to the areas closest to the Earth. Therefore, at the current level of development of productive forces, which determines the processes of human penetration into space, only part of space needs international legal protection, namely, near-Earth outer space, the natural satellite of the Earth - the Moon, planets solar system, the surfaces of which spaceships reach.

Regardless of the above classification, natural objects, taking into account differences in their legal regime, are divided into those under national jurisdiction or control of individual states - intrastate natural objects and those outside national jurisdiction or control - international, international natural objects.

Objects under national jurisdiction or control include the natural resources of continents on the territory of individual states, resources located within the coastal territorial sea waters, continental shelf and exclusive economic zones.
The legal regime of intrastate natural objects is determined by the internal law of each country. In accordance with the norms of internal law, the issue of ownership of natural objects is resolved: they can belong to the state, private individuals, state, cooperative, public organizations, and sometimes to international communities. Internal law establishes the procedure for ownership, disposal and use of natural objects. In the legal regulation of the use and protection of domestic natural objects there is a share of participation and norms of international law. There is a correlation and interaction between the norms of domestic and international law. Usually, progressive principles developed by world practice, universally recognized and enshrined in international legal acts are transformed into norms of domestic law and thus implemented.

Natural objects that are outside national jurisdiction and control, outside the sphere of exclusive sovereignty of individual states, include mainly those that are located in international spaces: the World Ocean with all its riches, beyond territorial waters, continental shelf and economic zones, individual continents, for example, Antarctica, part of the Earth's atmosphere and space.
The legal regime of international natural objects is determined mainly by the norms of international law. The question of ownership of these objects did not arise for a long time. There was a tacit recognition of international natural objects as nobody's property and agreement with the right of any country to seize these objects. But in modern conditions, this situation has become less and less consistent with the interests and needs of the peoples of the world. Some international legal principles were developed and gradually introduced into practice, limiting the possibility of arbitrary actions in relation to international natural objects.

3. Concept and classification of sources of international law

The central place among the sources of international legal protection of the natural environment is occupied by the resolutions of the UN General Assembly and
World Conservation Charter. They are of decisive importance in the implementation of the principles and provisions of international legal environmental cooperation.

Among the resolutions of the UN General Assembly devoted to environmental protection and rational use of the world's natural resources, attention should be paid to four.

December 18, 1962 The UN General Assembly adopts a resolution
“Economic Development and Conservation”, which endorses the initiative and recommendations proposed by UNESCO. Resolution adopted highlights three important points: firstly, a holistic consideration of the totality of the environment, natural resources, flora and fauna; secondly, the integration of the term nature conservation into the broader term “environmental protection”; thirdly, the concept of an organic combination of interests of environmental protection and economic development, which was developed at the Stockholm UN Conference on the Environment in 1972.

On December 3, 1968, the UN General Assembly adopts a resolution recognizing the essential role of a good environment for respect for fundamental human rights and proper economic and social development. For this purpose, the UN General Assembly decides to convene the UN Conference on the Environment in Stockholm in 1972.

In September 1980, the UN General Assembly adopted a resolution “On the historical responsibility of states for preserving the nature of the Earth for present and future generations.” The resolution calls on all states and peoples to take concrete measures to reduce armaments and develop measures to protect the environment.

In 1982, the UN General Assembly approves the World Conservation Charter.

The World Conservation Charter was approved and approved on October 28, 1982 by the Resolution of the 37th session of the UN General Assembly. It consists of 24 basic principles.

The charter considers environmental education as an integral part of general education. It is recognized as necessary to expand our knowledge about nature in every possible way through research and the dissemination of this knowledge by information systems of any type. The principles of this charter must be reflected in the legal practice of each state and at the level of international cooperation.

In terms of its legal force, the charter is an international legal document of recommendatory value. This means that its norms and principles are not legally binding for states and international organizations, but in their practical activities, members of the world community, based on the universal obligation to protect the natural environment, must adhere to the provisions of this act.

As a source of international legal protection, the treaty occupies a central place. Among this group of sources, the most prominent are agreements of political content, where problems of environmental protection are intertwined with issues of peace, security, and arms reduction.

The main place in this group is occupied by the Final Act of the Conference on Security and Cooperation in Europe, signed by all European states, the USA and Canada. This group also includes a number of conventions, treaties, and agreements banning the production, testing, and use of means of mass destruction. These include such documents as the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Sea (1963); Treaty on the Non-Proliferation of Nuclear Weapons (1968); Treaty on the Prohibition of the Placement of Weapons of Mass Destruction on the Bottom of the Seas and Oceans (1971); Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) Weapons and Toxins and Their Destruction (1972). A number of agreements on the reduction, limitation, and destruction of strategic offensive weapons are bilateral in nature, since they were concluded by the USSR and the USA.

Another significant group of treaties as sources of international legal protection of the environment consists of international treaties of environmental content. Among them, one subgroup is formed by environmental-complex agreements, the other by environmental-resource agreements.

Such international legal acts as the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Impact on the Natural Environment have signs of complex environmental content
(1977); Convention on Long-Range Transboundary Air Pollution (1979); Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (1967); 1959 Antarctic Treaty.

4. International environmental organizations

Environmental protection is carried out by all known types of international organizations - specialized agencies and bodies of the UN, intergovernmental organizations, international non-governmental organizations of a universal type, regional and subregional bodies.

The leading role in international environmental cooperation belongs to
United Nations, its specialized agencies. The protection of the human environment directly follows from the UN Charter. Its goal and task is to assist in resolving international problems in the field of economic, social life, healthcare, improving the standard of living of the population, respect for human rights.

The UN General Assembly determines the main directions of environmental policy of the international community, develops principles of relations between states on environmental protection, makes decisions on holding international UN conferences on major environmental problems, develops draft international conventions, recommendations on environmental protection, creates new environmental bodies, promotes development of multilateral and bilateral cooperation between states to protect the environment.

The environmental activities of the UN are carried out directly or through its main and subsidiary bodies or a system of specialized agencies. One of the main organs of the UN is
Economic and Social Council (ECOSOC), within which functional and regional commissions and committees operate.

All these bodies, along with other political, economic and social issues, deal with environmental problems. However, the UN system has a special central body that deals exclusively with environmental protection.

The United Nations Environment Program (UNEP) was created by resolution
UN General Assembly on December 15, 1972, in accordance with the recommendations of the Stockholm UN Conference on the Environment (1972).
UNEP has a Governing Council, which includes representatives of states, and an Environmental Coordination Council. Fund

environment.

The main directions of UNEP activities are determined by the Governing Council. 7 areas have been identified as priorities for the near future:

1) human settlements, human health, environmental sanitation;

2) protection of lands and waters, prevention of desertification;

3) oceans;

4) protection of nature, wild animals,

genetic resources;

5) energy;

6) education, vocational training;

7) trade, economics, technology.

As the organization's activities develop, the number of priority areas may increase. In particular, the problems of codification and unification of international and domestic environmental legislation are already being put forward as priority areas.

In solving these problems, UNEP acts, as a rule, jointly with other international environmental organizations. For example, during the preparation and holding of two international conferences on environmental education in Tbilisi in 1977 and 1987. UNEP actively collaborated with UNESCO.

United Nations Cultural, Scientific, Educational Organization
(UNESCO) was founded in 1948 with headquarters in Paris.
It carries out environmental activities in several areas:

a) management of environmental programs in which more than South Ossetia states are involved. The programs include the long-term, intergovernmental and interdisciplinary program (MAB), the International Program for Environmental Education, the International Hydrological Program, etc.; b) recording and organizing the protection of natural sites classified as World Heritage; c) providing assistance to developing and other countries in the development of environmental education and training of environmental specialists.

The International Union for Conservation of Nature and Natural Resources - (IUCN) - was established in 1948. It is a non-governmental international organization that represents over 100 countries, non-governmental organizations and international governmental organizations (over 500 members in total). From
Russia's members of IUCN are the Ministry of Agriculture and Food (Minselkhozprod) and the All-Russian Society for Nature Conservation.
The main task of IUCN is to develop international cooperation between states, national and international organizations, and individual citizens: a) preservation of natural ecosystems, flora and fauna;

b) preservation of rare and endangered species of plants and animals, natural monuments;

c) organization of reserves, reserves, national natural parks;

d) environmental education.

With the assistance of IUCN, international conferences on nature conservation are held, and draft international conventions on the protection of natural monuments, individual natural objects and complexes are being developed. At the initiative of the IUCN, the Red Book of Rare and Endangered Species of Plants and Animals is maintained, and a program has been developed