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The Relation Of International Law sample essay

Introduction

Global warming is a real environmental issue. It is the global rise in temperatures by carbon dioxide and other air pollution that is collecting in the atmosphere like a thickening blanket, trapping the sun’s heat and causing the planet to warm up. Global warming is already causing damage in many parts of the United States. In 2002, Colorado, Arizona and Oregon endured their worst wildfire seasons ever. In 2003, extreme heat waves caused more than 20,000 deaths in Europe and more than 1,500 deaths in India. And in what scientists regard as an alarming sign of events to come, the area of the Arctic’s perennial polar ice cap is declining at the rate of 9 percent per decade.

Recently researchers and even the US Defense Department have investigated the possibility of abrupt climate change in national security. In a worse case scenario the study concluded, global warming could make large areas of the world uninhabitable and cause massive food and water shortages, sparking widespread migrations and war. While this prospect remains highly speculative, many of global warming’s effects are already being observed and felt. And the idea that such extreme change is possible underscores the need to start cutting global warming pollution.

This paper will therefore seek to answer the following questions;
How is international law affecting efforts to control global warming?
How is international economic law affecting efforts to control global warming?
How are the above laws related to the issue of environmental protection?

This will be done through the use of various treaties, judgments, reports and other documents on the topics

Main discussion.

International law of economics and public international law are not separate entities. International economic law can be referred to as public international law that has goals which are economic. The new public international is motivated by economic integration and the most valuable source of constitutionalization and new legislation in international law.

International economic law is composed of new set of advanced fields of legislature that need addressing. Indeed, international economic law is the leading engine for revising the domain reserve of traditional public international law, the unquestioned margin of deference accorded to state. International law of economics provides the functional basis for a new period of international constitution building. Traditional public international law has been serving as the default constitutional structure on which treaties are built in this regard.[1]

In the recent years discussions of the role of international law in sustainable development have expanded considerably. Increasing number of treaties address global and regional sustainable development goals. In the aftermath of the world summit there can be legitimate expectations that states and other actors within them will make good faith efforts to live up to their global commitments. International tribunals and courts are beginning to recognize the goals of sustainable development in their goals. This is shown by the increased invocation of these goals before national tribunals and courts around the world.[2]

Some principles are starting to assert persuasive force using soft law instruments such as international statements and declarations. Such principles could assist in conflict resolution in sustainable development issues and give support to the balanced integration of laws and policies at the point where economic, international, social and environmental law intersect.[3]

International law assists in the regulation of relations between countries. These relations include imports and exports, trading, and movements of goods over boundaries. The United Nations facilitates trade in the world through model laws, developing convections, legal guides and laws designed for harmonization of international trade. The United Nations Commission on International trade Law (UNICITRAL) is mandated to do this. The Environmental law that the United Nations negotiates facilitates environment protection and promotes practice of healthy business.[4]

On 2 May 1989, the first meeting of the parties to the Montreal Protocol on substance that deplete the ozone layer, all represented governments and the European Community signed a declaration of intent to phase out key ozone, depleting substances by the year 2000, to expand the range of controlled chemicals and to tighten the Protocol’s time schedule for compliance.

Thus, barely one and a half years after the signing of the Montreal Protocol and only a few months after its entry into force, the parties already generally accepted the idea that protection of stratospheric ozone requires renewed international regulatory action. This declaration of intent was known as the Helsinki Declaration. It is in the context of the global warming problem that the compensation of potential opportunity costs incurred by developing countries presents itself as a truly daunting international issue.[5]

International remedial action significantly depends on third world countries support to be effective. This is when it is assumed that there is a correlation between human activities and increased atmospheric concentrations of green house gases. There is high growth rate in consumption of energy in the developing countries. These countries also practice land use that involve massive deforestation, or the burning of savanna. Many of these countries are presently exploiting their domestic natural resources in ways that cold further aggravate the problem of global warming.[6]

When focusing on world environmental problems, it is necessary to differentiate the seriousness of global environmental challenges with when a view toward legal intervention. In jurispendence technology, the law needs to target actions of actions of misfeasance, nonfeasance and malfeasance. Law speaks norm violations within entities that are sovereign. These norms are to be enforced by incentives and sanctions. Still there are those who feel that that the environment will be sacrificed in the absence of new international legal agreements which are significant. [7]

Treaties on environmental issues such as whaling or the ozone layer or whaling have been effective. In contrast, there has been difficulty in the efforts to set up a treaty on global warming. Environmental problems that have been coming up earlier have involved relatively small money amounts and have narrowly focused on particular industries. The entire industrial economy will be affected by the process of tackling global warming. It will require modern industries to stop using fuel which is carbon-based. This change cannot be implemented overnight. These efforts of managing the problem could extend way into this century and beyond. Architects of the Kyoto Protocol tried to achieve so much in a short time and the perceived failure of their efforts is not a surprise.[8]

It is commonly contended that, if countries do not subscribe to endeavors by other states to improve management of the environment, the non-participating states will be discriminated against in some way in international trade. This has certainly been said of Australia in the event that it does not join an international consensus to adopt mandatory controls on emission of carbon dioxide.[9]

There was an international consensus over trade and environment at UNCED in 1994. That consensus was that trade restrictions should not be used to support protection of the environment. This new is strongly held by developing countries. If this attitude is any guide, there will be no international endorsement of trade sanctions to support measures to restrict greenhouses gas emissions.[10]

Almost a decade ago, the first international treaty on climate change, the framework convention on climate change or FCCC was signed five years ago, the first serious implementing instrument as devised as countries agreed in the Kyoto Protocol to an international mechanism to bring emissions of greenhouse gases under an international control regime. It is customary to think of global warming as unique.

In fact, dealing with global public goods has been an increasingly important feature of global affairs for centuries. National defense, intellectual property rights, public health, international trade, fisheries, microeconomic stability, international environmental issues, transnational terrorism and endangered species are other useful examples.[11]

Conclusion

There should be no optimism in the accelerating pace of transnational and international initiatives to protect the global atmosphere. The question of whether the international community will rise to the challenge of global change implicit in the threat of global climatic instability remains open. However it should be clear that unless international campaign is primarily grounded in inclusive global community interests and is driven by an unrelenting commitment to seek equity among nations, the international efforts to save the atmosphere being carried out presently could be an exercise in futility.[12]

Environmental issues such as global warming have become of pressing concern in North America and around the world. Most industries have been resisting standards of environmental management as they consider their adoption too expensive for them. However, this industry resistance has receded considerably in recent years. Now everyone is talking about sustainable development.

On the other hand, government resistance to environmental standardization and international initiatives has grown. This is particularly true in U.S and Canada where governments which are conservative are frustrating international efforts aimed at controlling global warming by reducing industrial emissions of greenhouse gases. World environmental standards have to be implemented and accepted in the next two decades if the world is to survive in the next 50 years.

Work Cited

Giinther Handil. International Efforts to Protect the Global Atmosphere: A Case of Too Little, Too Late? Retrieved on 20th February 2008 from http://www.ejil.org/journal/Vol1/No1/art14.html

Joseph F.C. DiMento. 2003. The Global Environment and International Law. University of Texas Press.

James K. Sebenius. Designing Negotiations Toward a New Regime. The Case of Global Warming. International Security, Vol.15, No.4, 1991 pp.110-148

Frederick Seitz, “A Major Deception on Global Warming,” The Wall Street Journal, 12 June 1996.

James K. Sebenius. Designing Negotiations Toward a New Regime. The case of global warming. International Security, Vol.15, No.4 (1991), pp110-148.

Berit Kjos. The UN Plan for Global Control. Habitat 11 Agnda. 2003. Retrieved on 20th February 2008 from http://www.radioliberty.com/kjos1.htm

www.ll.georgetown.edu. Accessed on 20th February 2008

www.icj-cij.org. Accessed on 20th February 2008

www.un.org/law. Accessed on 20th February 2008

www.spfo.unibo.it. Accessed on 20th February 2008

http://www.ejil.org/journal/Vol1/No1/art14.html. Accessed on 20th February 2008

http://www.safetyxchange.org/newsletter.php?id=390. Accessed on 20th February 2008

[1] http://www.ejil.org/journal/Vol1/No1/art14.html

[2] www.ll.georgetown.edu

[3] Frederick Seitz, “A Major Deception on Global Warming,” The Wall Street Journal, 12 June 1996.

[4] www.un.org/law.

[5] http://www.ejil.org/journal/Vol1/No1/art14.html

[6] http://www.safetyxchange.org/newsletter.php?id=390

[7] Joseph F.C. DiMento. 2003. The Global Environment and International Law. University of Texas Press.

[8] James K. Sebenius. Designing Negotiations Toward a New Regime. The Case of Global Warming. International Security, Vol.15, No.4, 1991 pp.110-148

[9] www.icj-cij.org.

[10] James K. Sebenius. Designing Negotiations Toward a New Regime. The Case of Global Warming. International Security, Vol.15, No.4, 1991 pp.110-148

[11] www.spfo.unibo.it.

[12]http://www.radioliberty.com/kjos1.htm

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