International environmental law

The first international legal document in the field of wildlife protection is considered the Paris Convention of 1902, dedicated to the conservation of birds useful for agriculture. This Convention was subsequently revised and supplemented by the International Convention for the Protection of Birds, signed in 1950.

The modern system of international environmental protection begins with the UN Conference held in Stockholm in 1972 ^[1] , although some international environmental agreements, in particular, on the protection of the marine environment , were signed before this conference. However, it was precisely after the Stockholm Conference that normative work on environmental protection was intensified at the national and international levels.

The Stockholm Conference led to the creation of UNEP ( United Nations Environment Program ). Currently, this organization performs administrative functions under seven major conventions, as well as a number of regional agreements ^[2] .

The 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Impact Means, signed in Geneva (Switzerland), obliges participants not to resort to military or other hostile use of environmental impact means (intentional management of natural processes - the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere and atmosphere, or outer space), which have wide, long-term or serious consequences, as damage or damage to another state ^[3] .

The UN General Assembly created the International Commission on Environment and Development in 1984, which in its 1987 report “Our Common Future” first formulated the concept of sustainable development , the aim of which is to improve the human condition, achieved in harmony with nature.

In 1991, the Convention on Environmental Impact Assessment in a Transboundary Context was signed under the auspices of the United Nations Economic Commission for Europe in Espoo (Finland).

The UN Economic Commission for Europe has also initiated the signing in 1998 in Aarhus ( Denmark ) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters .

In 1992, the UN Conference in Rio de Janeiro ( Brazil ) adopted the Declaration on Environment and Development , which formulated the basic principles of environmental law, and the Long-Term Program of Further Actions on a Global Scale (“Agenda 21”) .

Twenty years later, in 2012, the Rio + 20 United Nations Conference on Sustainable Development was held in Rio de Janeiro. At the conference, a concept was developed on how to reduce poverty, promote social justice and ensure appropriate environmental protection measures. The final document of the conference is “The Future We Want” ^[4] .

The following are sources for sections of international environmental law. Universal (global) international legal standards relating to the protection of the marine environment from pollution from ships, marine installations and structures and aircraft are contained in the UN Convention on the Law of the Sea , the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) , the Convention on the prevention of sea pollution by the dumping of waste and other materials of 1972, the Convention on Intervention on the High Seas in Cases of Accidents leading to Oil Pollution of 1969, and the International in the event of oil pollution, the fight against it and the cooperation of 1990 and other maritime conventions ^[5] .

In addition, there are a number of regional conventions that protect the marine environment of individual seas and parts of the oceans from pollution from various sources.

In 1974, the Convention on the Protection of the Natural Marine Environment of the Baltic Sea Region , revised in 1992, was concluded in Helsinki.

In Kuwait (Kuwait), in 1978, the Regional Convention on Cooperation for the Protection of the Marine Environment from Pollution was signed, and in 1982 in Jeddah (Saudi Arabia), the Regional Convention for the Conservation of the Red Sea and the Gulf of Aden.

The following regional conventions have also been adopted;

• Convention for the Protection and Development of the Marine Environment and the Mediterranean Coast of 1976 in Barcelona (Spain);
• 1981 Convention for the Protection of the Marine Environment and Coastal Areas of the South-East Pacific in Lima (Peru);
• 1981 Convention on the Protection and Development of the Marine Environment and Coast of Western and Central Africa in Abidjan (Côte d'Ivoire);
• 1983 Convention on the Protection and Development of the Marine Environment of the Caribbean in Cartagena de Indias (Colombia);
• Convention on the Protection, Management and Development of the Marine and Coastal Environment of the East African Region of 1985 in Nairobi (Kenya)
• 1986 Convention for the Protection of Natural Resources and the Environment of the South Pacific in Noumea (New Caledonia);
• Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) 1992 in Paris (France);
• 1992 Convention for the Protection of the Black Sea from Pollution in Bucharest (Romania).
• Antarctic Treaty of December 1, 1959 in Washington

In 2003, the Framework Convention for the Protection of the Marine Environment of the Caspian Sea was signed in Tehran (Iran), supplemented by the Protocol in 2011.

The UNEP Regional Seas Program is adopting action plans for marine environment protection activities in various regions, including those covered by the above conventions.

The Convention on the Protection and Use of Transboundary Waterways and International Lakes, signed in Helsinki (Finland) in 1992 ^{[6], is} devoted to the protection of freshwater waterways and reservoirs.

The 1963 Treaty on the Prohibition of Testing Nuclear Weapons in the Atmosphere, Outer Space and Underwater , which envisaged the corresponding restrictions on the nuclear weapons test regime, excluded an important form of pollution of the atmosphere and waters of the World Ocean.

Since the mid-80s of the last century, measures have been taken to protect the ozone layer of the Earth. In 1985, Vienna (Austria) adopted the Convention for the Protection of the Ozone Layer. In 1987, the Convention was supplemented by the Montreal Protocol on Substances that Deplete the Ozone Layer. It provides for restrictions on the production of substances that deplete the ozone layer.

In 1992, under the auspices of the UN, the UN Framework Convention on Climate Change was adopted at a conference in Rio de Janeiro (Brazil), to which over 180 states are currently parties, and in 1997 in Kyoto (Japan) its Protocol ( Kyoto Protocol ), which obliges developed countries and countries with economies in transition to reduce or stabilize greenhouse gas emissions. In 2011, the Kyoto Protocol was extended for 5 years.

The 1979 European Convention on Long-Range Transboundary Air Pollution, signed in Geneva, Switzerland , entered into force in 1983 ^[7] . The following supplementary protocols have been adopted to the Convention:

• 1999 Protocol for the Suppression of Acidification , Eutrophication and Ground-level Ozone;
• 1998 Protocol on Persistent Organic Pollutants ;
• 1998 Protocol on Heavy Metals;
• 1994 Protocol for Further Reduction of Sulfur.
• 1991 Protocol on the Control of Emissions of Volatile Organic Compounds or Their Transport Streams;
• 1988 1988 Protocol on the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes;
• Protocol for the Reduction of Sulfur Emissions or their Transboundary Fluxes by at least 30 per cent 1985;
• Protocol for the Long-term Financing of the 1984 Joint Program for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP).

The Plant Protection Convention, which provides for joint action to combat the introduction and spread of diseases and pests of plants and plant products and to take measures for this purpose, was signed in Rome (Italy) in 1951.

At the First UN Conference on the Law of the Sea in Geneva (Switzerland) in 1958, the Convention on Fisheries and the Protection of Living Resources of the High Seas was concluded, the provisions of which were subsequently supplemented by the provisions of the 1982 UN Convention on the Law of the Sea on the Protection of Living Resources.

The Ramsar Convention , fully referred to as the Convention on Wetlands of International Importance, mainly as habitats for waterfowl , was adopted in Ramsar ( Iran ) in 1971.

The 1972 Convention for the Protection of the World Cultural and Natural Heritage provided for cooperation between states, in particular, in the field of protection of natural complexes and habitats of endangered species of animals and plants of particular importance.

The 1973 Convention on the International Trade in Endangered Species of Wild Fauna and Flora provides various degrees of protection for more than 33,000 species of animals and plants.

The 1979 Convention on the Conservation of Migratory Species of Wild Animals is dedicated to the conservation of terrestrial and marine migratory animals, as well as migratory birds throughout their habitat.

The 1979 Convention for the Protection of Wild Fauna and Flora and Natural Habitats provides measures for the protection of wild fauna and flora and natural habitats in Europe.

The 1992 Convention on Biological Diversity aims to conserve biological diversity and to collaborate on the use of its components.

The Convention to Combat Desertification in Those Countries Experiencing Serious Drought and / or Desertification, especially in Africa in 1994, is dedicated to improving fertility and soil restoration, protecting and managing land and water resources.

In addition, there are a number of conventions and agreements on the conservation of certain species in their habitats. Such are, for example, the Agreement on the Conservation of Cetaceans in the Black and Mediterranean Seas, as well as the Adjacent Atlantic Region (ACCOBAMS) and the Agreement on the Conservation of Small Cetaceans in the Baltic Sea, North-East Atlantic, Irish and North Seas (ASCOBANS) .

The Protocol on Environmental Protection to the Antarctic Treaty , signed in Madrid in 1991 (Spain), provided for the declaration of Antarctica as "a nature reserve intended for peace and science." It also enshrined the principle of strict control of states over the activities of their Antarctic expeditions.

In addition, two conventions apply to Antarctica: the Convention on the Conservation of Antarctic Seals and the Convention on the Conservation of Antarctic Marine Living Resources (see the previous section).

This area of ​​international environmental law contains rules related to the control of hazardous substances and wastes, their transboundary movement, prevention of illegal international traffic and environmentally sound disposal. In particular, the following international conventions and agreements are devoted to these tasks:

• European Agreement Concerning the International Carriage of Dangerous Goods by Road , concluded at Geneva (Switzerland) in 1957;
• FAO International Code of Conduct on the Distribution and Use of Pesticides , signed in Rome ( Italy ) in 1985;
• Convention on the Control of Transboundary Movements of Hazardous Wastes, concluded in Basel ( Switzerland ) in 1989;
• Convention on the Prohibition of Import to Africa and the Control of Transboundary Movements and Management of Hazardous Wastes in Africa, concluded in Bamako ( Mali ) in 1991;
• Convention on the Prohibition of the Import into the Pacific Islands Forum of Hazardous and Radioactive Wastes and the Control of Transboundary Movements and Management of Hazardous Wastes in the South Pacific, signed in Waigani ( Papua New Guinea ) in 1995;
• Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed in Rotterdam ( Netherlands ) in 1998;
• European Agreement concerning the Carriage of Dangerous Goods by Inland Waterways, signed at Geneva (Switzerland) in 2000;
• Convention on Persistent Organic Pollutants , signed in Stockholm ( Sweden ) in 2001.

The Russian Federation is a party to , in particular, the following of the agreements listed in the previous sections:

1. Convention for the Protection of the Natural Marine Environment of the Baltic Sea Region (since 1974);
2. Convention on Wetlands of International Importance, mainly as habitats for waterfowl ( Ramsar Convention ) (since 1976);
3. Convention on International Trade in Endangered Species of Wild Fauna and Flora (since 1976);
4. Convention on Long-Range Transboundary Air Pollution (since 1979);
5. Ozone Layer Convention and the Montreal Protocol (since 1986 and 1988, respectively);
6. Convention for the Protection of the Black Sea from Pollution (since 1992);
7. Convention on the Control of Transboundary Movements of Hazardous Wastes (since 1994);
8. Convention on Biological Diversity (since 1995);
9. Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, since 1997);
10. Protocol between the Government of the Russian Federation and the Government of the People's Republic of China on the protection of tigers (Beijing, 1997);
11. Framework Convention for the Protection of the Marine Environment of the Caspian Sea (since 2003);
12. Kyoto Protocol to limit the greenhouse effect (Japan, Kyoto). Ratified by Russia in 2004. Entered into force on February 16, 2005;
13. Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (since 2011);
14. Persistent Organic Pollutants Convention (since 2011).

In addition, the Russian Federation is a party to the UN Convention on the Law of the Sea, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972, the Convention on Intervention on the High Seas in Accidents, leading to oil pollution in 1969, the International Convention on Preparedness for Oil Pollution, Combating and Cooperation with 1990 and several other maritime conventions.

Russian Federation - observer in:

1. 1979 Convention for the Protection of Wild Fauna and Flora and Natural Habitats in Europe ;
2. 1979 Convention on the Conservation of Migratory Species of Wild Animals.

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• UN HRC Special Rapporteur website on linking environmentally responsible management of hazardous substances with human rights