LECTURE 12.

1. Concept, principles international law environment and forms of cooperation between states.

2. International legal support for environmental protection.

1. Concept and principles of international environmental law.

1.1. International environmental law is a set of international legal principles and norms governing relations regarding the protection of the natural environment, its rational use and reproduction, regulating cooperation between states and other subjects of international law in order to ensure an ecosystem favorable for human life.

International cooperation in the field of environmental protection began in 1913 at the environmental conference in Bern and was continued in 1972 at the Stockholm UN Conference on Environmental Problems. The UN Conference on Environment and Development in Rio de Janeiro (1992 Earth Summit), the 2002 World Summit in Johannesburg, etc. were also of great importance.

Main sources of international environmental law:

1. International treaties:

· Convention for the Prevention of Marine Pollution by Oil, 1954;

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

· Convention on Wetlands of International Importance especially as Waterfowl Habitat, 1971;

· Convention on Biological Diversity 1992;

· 1992 Climate Change Convention

2. Basic principles of international law.

3. Bilateral agreements between states.

4. Domestic legislation:

Law of Ukraine "On Environmental Protection";

Law of Ukraine "On Fauna"

Law of Ukraine “On Environmental Expertise”

Law of Ukraine "On the protection of atmospheric air", etc.

Special principles of international environmental law:

1) protection of the environment for the benefit of present and future generations;

2) inability to cause transboundary damage;

3) environmentally sound management natural resources;

4) rational planning and management of the Earth's renewable resources in the interests of present and future generations;

5) long-term planning environmental activities with an environmental perspective;

6) assessment possible consequences activities of states within their territory, etc.

1.2. Forms of cooperation between states on environmental protection

There are 2 forms of cooperation between states in environmental protection - normative (contractual) and organizational.

Negotiable consists in the development and adoption of agreements on various environmental protection issues (use of natural resources, protection of the natural environment, protection of the planetary environment and outer space, protection marine environment, protection of flora and fauna).

Organizational form being implemented in holding international conferences at the interstate level, as well as in the creation and activities international organizations.

IN 1972 convened by decision of the UN General Assembly took place in Stockholm UN Conference on the Human Environment. The main decision of the conference was Declaration of Principles - a kind of set of rules that states and organizations should follow when carrying out their actions that in one way or another affect nature. Another important decision was the recommendation of the General Assembly to establish the United Nations Environment Program (UNEP), which was created and actually became an international organization.

The problem of environmental protection is dealt with on a daily basis by a large number of permanent structures - international organizations of general and special competence, universal and rational, intergovernmental and non-governmental.

The leading role belongs to UN and its main organs, first of all General Assembly And Economic and Social Council(ECOSOC). Some are also involved in this area UN specialized agencies:

· WHO - World organization healthcare;

· IMO - International Maritime Organization;

· FAO - Food and Agriculture Organization of the United Nations;

· ICAO - International Civil Aviation Organization;

· UNESCO - United Nations Educational, Scientific and Cultural Organization;

· IAEA - International Atomic Energy Agency, etc.

Among non-governmental organizations plays a special role International

Union for Nature Conservation and Natural Resources(IUCN).

On regional level play a significant role:

· OSCE - Organization for Security and Cooperation in Europe;

· EU - European Union;

· Northern Council, etc.

IN within the CIS created: Interstate Environmental Council (IEC) and Interstate Environmental Fund.

International cooperation in the field of environmental protection Ukraine carried out at three levels:world (global); European (EU and Eastern Europe), regional (CIS, EECCA ( of Eastern Europe, Caucasus and Central Asia). Ukraine has signed bilateral intergovernmental agreements (memorandums) on cooperation in the field of environmental protection with a number of states (Belarus, the Russian Federation, Georgia, the USA, Germany), and agreements concluded within the USSR (Japan, France) also remain in effect.

The objects of international legal protection are:

· Earth's atmosphere, near-Earth and outer space;

· World Ocean;

· flora and fauna;

· environmental protection from contamination by radioactive waste.

The problems of preserving rare and endangered species of fauna and flora became obvious to specialists only from the end of the 19th century. Soon these problems became obvious to the wider world community. As a result of the discussions, for example, in 1902, one of the first international biological agreements was signed in Paris, including the conservation of rare species- International Convention for the Conservation of Rare Birds.

Thus, environmental law as an independent field legal regulation public relations began to take shape, to a large extent, not primarily as a system of national legislation, but as international environmental law.

Considering the problem of the existence of international environmental law, one can turn to the research of M.I. Lazarev, who formulated the following conditions for recognizing a set of legal norms as a special branch of law:

1) a specific range of social relations;

2) specific rules governing these relations;

3) a fairly large social significance of the range of social relations;

4) a fairly extensive volume of regulatory and legal material;

5) public interest in identifying a new branch of law;

6) special principles of law governing the construction of a new branch of law.

Considering international environmental law from these positions, it can be stated that it meets all of the listed characteristics.

The fact that international environmental relations, including relations regarding environmental protection, rational use of natural resources, ensuring environmental safety and respect for environmental human rights, have certain specifics, is not in doubt among any scientist today. Moreover, the parties in such relations are traditional subjects of international law.

Many rules governing international relationships, also have specificity. In addition to the traditional forms of consolidating international legal norms - international treaties and international legal customs - the so-called norms of “soft” international environmental law, namely framework conventions and standards adopted by international organizations, are in demand here. Soft law norms in international environmental law are formalized in resolutions, agendas, codes, declarations, guidelines, etc.

Expanding environmental ties between all states, increasing environmental interdependence between them, a course towards restructuring international environmental relations on the basis of equality and mutual benefit - all these are the most important factors of modern social development, prerequisites for creating a system of international environmental security. Numerous international treaties, resolutions and declarations adopted over the last century on issues of international environmental safety, environmental protection and rational use of natural resources clearly indicate that great importance that the world community attaches to environmental legal relations today.

The volume of regulatory and legal material in the field of regulation of international environmental legal relations is extensive - more than five thousand international treaties and agreements in this area are currently in force, a third of which are multilateral.

Today, for all the largest and most important natural objects relevant bilateral and multilateral international treaties and agreements have been concluded, regulating both the mutual rights and obligations of participants in connection with their use, as well as issues of their protection and prevention of pollution from almost all known sources. The most developed area in this regard is the area of ​​marine environmental protection.

The interest of both individual states and the international community as a whole in the existence of an independent branch - international environmental law - is obvious and is expressed both in the huge regulatory and legal material of an international nature, and in numerous international conferences convened almost annually on issues of protection, protection and use of the environment. environment, among which a special place is occupied by the Stockholm Conference on Problems of the Human Environment in 1972, the UN Conference on Environment and Development in Rio de Janeiro in 1992, the World Meeting on top level on Sustainable Development 2002 in Johannesburg (World Earth Summit).

A final answer to the question about the number and content of special sectoral principles of international environmental law can only be the adoption of a special codified international legal act of a universal nature in this area of ​​social relations.

As the most important milestones in its emergence in modern form we can mention the first international document - the Agreement on the Protection of Fur Seals (1897) and the first international conference on environmental protection, which was held in Bern in 1913.

Currently, international treaties in the field of environmental law regulate environmental protection issues related to the use of not only domestic natural objects, but also natural objects that are outside national jurisdiction and the sphere of state sovereignty. International natural objects include the World Ocean beyond territorial waters, continental shelf and economic zones, Antarctica, Earth's atmosphere, outer space. The legal regime of such international natural objects is regulated mainly by international treaties.

Of great importance is the international legal protection of wildlife (Convention on Biological Diversity - Rio de Janeiro, June 5, 1992; Agreement on the Conservation of Polar Bears - Oslo, November 15, 1973, etc.), the protection of border and transboundary waters objects (Convention on the Protection and Use of Transboundary Watercourses and International Lakes - Helsinki, March 17, 1992), conservation of the marine environment (Convention for the Protection of the Black Sea against Pollution - Bucharest, April 21, 1992, Convention for the Protection of the Marine Environment of the Baltic Sea Area - Helsinki, March 22, 1974), protection of the oceans (International Convention for the Prevention of Pollution from Ships - London, November 2, 1973, United Nations Convention on the Law of the Sea - Montego Bay, December 10, 1982), protection the Earth's atmosphere, climate and the Earth's ozone layer (United Nations Framework Convention on Climate Change - New York, May 9, 1992, Vienna Convention for the Protection of the Ozone Layer - Vienna, March 22, 1985, etc.).

Regarding conservation surrounding nature internationally, it can be noted that long before the revolution of 1917, the state policy of Russia on its national outskirts contained pronounced environmental, legal and natural resource aspects.

The largest and most universal entity in the formation of international environmental policy in the post-Soviet space is the Commonwealth of Independent States.

Issues of cooperation in the environmental sphere within the Commonwealth of Independent States were identified in the initial period of its formation. In February 1992 in Moscow, the first item on the agenda of the meeting of the Council of Heads of Government was the issue of consideration and adoption by heads of government of the Agreement on cooperation in the field of ecology and environmental protection. Article 1 of the Agreement states that “the high contracting Parties shall develop and implement a coordinated policy in the field of ecology and environmental protection (protection and use of lands, soils, subsoil, forests, waters, atmospheric air, flora and fauna, natural resources of the continental shelf , economic zone and open sea beyond the limits of national jurisdiction) taking into account international agreements previously concluded by the USSR.” There is an appendix to this Agreement with a List of fifty-six international agreements concluded by the USSR on ecology and environmental protection.

As part of this Agreement, government leaders also agreed to create an Interstate Environmental Council.

On December 5, 2012, in the city of Ashgabat, the Decision of the Council of Heads of State of the CIS was signed to declare 2013 the Year of Ecological Culture and Environmental Protection in the Commonwealth of Independent States. It is especially noteworthy that this year was dedicated not just to environmental safety as a phenomenon of objective reality, but primarily to environmental culture as a subjective factor in the sustainable development of society in harmony and balance with the environment.

One of the legal concepts of environmental culture is revealed in the Model Environmental Code for member states of the Commonwealth of Independent States, adopted by Resolution No. 27-8 of November 16, 2006 at the XXVII plenary meeting of the Interparliamentary Assembly of CIS Member States.

Article 1 of this code proposes to understand ecological culture as “domestic and world experience of harmonious interaction between man and nature.” This laconic and far from indisputable definition is enshrined at the Commonwealth level in an act that is, rather, advisory in nature and is intended only to serve as a basis for the development of its national environmental legislation by member states.

The CIS Model Code, which pays significant attention to the issues of environmental culture, contains quite applicable norms in this regard that deserve reception in all countries of the Commonwealth, including Russia.

One of the main shortcomings of the Federal Law “On Environmental Protection” should be considered, for example, that, using the concept of “ecological culture”, recognizing it as one of the most fundamental for the purposes of the said law, the legislator, however, does not disclose this concept, does not provide any legal definition of this concept, leaving a gap for ambiguous interpretations and discrepancies.

According to D.O. Burkin, a significant drawback of Russian legislation on environmental culture is that we still do not have a special law on environmental education, while some other countries of the Commonwealth of Independent States have long ago adopted such laws. An example is the Law of the Azerbaijan Republic dated December 10, 2002 No. 401-ІІГ “On environmental education and enlightenment of the population.”

Meanwhile, the 12th chapter of the CIS Model Code “Fundamentals of the formation of environmental culture” is devoted to the serious development of the problem of increasing the level of environmental culture.

In general, this model code regulates legal relations in the environmental sphere: in the field of environmental management, environmental protection and ensuring guarantees of environmental safety.

The Code defines the competence of the authorities state power state, public authorities of subjects of administrative-territorial division of the state, rights and obligations of individuals and legal entities, the procedure for state legal regulation in the environmental sphere, as well as responsibility for violation of environmental legislation.

The ideas and the concept itself laid down when creating this document look extremely important. We believe that it is precisely along this path - through the creation of comprehensive international legal environmental acts that international environmental law should develop in the future.

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel, Switzerland, 1989). Participants - 71 states (RF since 1990) and the EEC.
Main provisions: ban on the export and import of hazardous waste, coordination of actions of government organizations, industrial enterprises, scientific institutions, etc., creation of national competent authorities, introduction of a system of written notifications for the right to transboundary transfer of hazardous and other waste.

Vienna Convention for the Protection of the Ozone Layer (Vienna, Austria, 1985). Participants - 120 states (RF since 1988) and the EEC.
Key points: cooperation in the field of research of substances and processes that affect changes in the ozone layer; creation of alternative substances and technologies; monitoring the state of the ozone layer; cooperation in the development and application of measures to control activities that lead to adverse effects in the ozone layer; exchange of scientific, technical, socio-economic, commercial and legal information; cooperation in the development and transfer of technology and scientific knowledge.

Convention for the Protection of the World Cultural and Natural Heritage (Paris, France, 1972). Participants - 124 states (RF since 1988).
Key provisions: responsibility for identifying, protecting, safeguarding and transmitting to future generations cultural and natural heritage; inclusion of heritage protection in development programs, creation of services, development of scientific and technical research, adoption of necessary measures for legal, scientific, administrative and financial protection of heritage; support in conducting research, training staff, providing equipment; provision of loans and subsidies.

UN Convention on the Law of the Sea (Montego Bay, Jamaica, 1982). Participants - 157 states and the EEC.
Main provisions: determination of the boundaries of the territorial maritime and adjacent zones; use of the straits for international shipping; determination of the boundaries of the exclusive economic zone; development of the continental shelf; prevention, reduction and control of marine pollution; carrying out scientific research.

Convention on Long-Range Transboundary Air Pollution (Geneva, Switzerland, 1979). Participants - 33 states (RF since 1983) and the EEC.
Key provisions: exchange of information, consultations, results of scientific research and monitoring, policies and strategic decisions; cooperation in scientific research.

Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, Finland, 1991). Participants - 27 states and the EEC.
Key provisions: taking strategic, legal and administrative measures to control negative impacts; introduction of a notification system negative impacts; conducting research to improve methods for assessing environmental impact.

International Convention for the Regulation of Whaling (Washington, USA, 1946). Participants - 44 states (RF since 1948).
Main provisions: creation of an international Whale Commission; conducting scientific research, collecting and analyzing statistical data, assessing and distributing information on whale fisheries and stocks; adoption of rules governing the protection and use of stocks.

UN Framework Convention on Climate Change (New York, USA, 1992). Participants - 59 states (RF since 1994).
Key provisions: protection of the climate system, compilation of national lists of emissions and measures to eliminate them; development and implementation of climate change control programs; cooperation in the creation and development of networks and research programs on climate change; adoption of a financial mechanism for the implementation of the Convention.

Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, Iran, 1971). Participants - 61 states (RF since 1977).
Key provisions: identification of national sites for inclusion in the list of wetlands of international importance; determination of international responsibilities for the protection, management and rational use of migratory waterfowl resources; creation of protected wetlands, exchange of information, training of personnel on wetland management; collection and dissemination of information.

CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, USA, 1973). Participants - 119 states.
Main provisions: implementation of licensing of trade operations; conducting research on the status of populations of protected species; creation of a network of national control bodies; interaction between law enforcement agencies, customs services, non-governmental organizations and individuals; monitoring the implementation of the Convention, classification of species, development of procedural rules.

Agreement on the Conservation of Polar Bears (Oslo, Norway, 1973). Participants - 5 states (RF since 1976).
Key provisions: ban on the killing of polar bears, except for scientific and conservation purposes; preventing disruption of management of other living resources; conservation of Arctic ecosystems; conducting, coordinating and exchanging information on resource management and species conservation.

Agreement on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, Finland, 1992). Participants - 24 states.
Key provisions: obligations of participants regarding the prevention, control and reduction of transboundary water pollution; compliance with the principle of fairness in their use; limiting the spread of pollution; use of the “polluter pays” principle as a measure to prevent pollution; cooperation in research and development; maintaining a monitoring system.

HELCOM: Convention for the Protection of the Marine Environment of the Baltic Sea Area (Helsinki, Finland, 1974). Participants - 8 states (RF since 1980).
Key provisions: limitation and control of the penetration of hazardous and harmful substances into the region, including pollution from land-based sources; prevention of pollution from sea vessels, waste and economic use of the seabed; combating marine pollution; compiling lists of substances whose use is subject to control; establishment of the Baltic Marine Environment Protection Commission.

This is a set of international legal norms and principles governing the relations of subjects of international law in the field of environmental protection, rational use of natural resources, ensuring environmental safety and protecting human rights to a favorable living environment.

International environmental law has two aspects. Firstly, it is an integral part of public international law, which, on the basis of recognized international principles and specific methods regulate all forms international cooperation states Secondly, it is a continuation of national (domestic) environmental law.

In the second half of the 20th century, international environmental law emerged as independent and complex with all its inherent features, which indicates humanity’s recognition of the global nature of environmental processes and the vulnerability of planetary ecosystems.

History of international environmental law.

Depending on the prevailing trends in the solution environmental problems history of international environmental law can be divided into four main stages:

First stage 1839-1948 dates back to the bilateral Oystering and Fisheries Convention off the Coasts of Great Britain and France of 2 August 1839. During this period, scattered efforts were made at the bilateral, subregional and regional levels to protect and conserve selected wildlife. The efforts of the conferences were not coordinated or effectively supported by governments. Although during this period states showed some attention to environmental issues, which resulted in the conclusion of more than 10 regional agreements, nevertheless managed to some extent solve only private, local problems.

Second stage 1948-1972 characterized by the emergence of numerous intergovernmental and non-governmental organizations, primarily the UN and the International Union for Conservation of Nature, directly or indirectly related to international environmental conservation. The environmental problem is becoming global, and the UN and a number of its members are trying to adapt to its solution. specialized institutions. The first universal international treaties and agreements are concluded aimed at the protection and use of specific natural objects and complexes.

Third stage 1972-1992 associated with the first universal UN Conference on the Human Environment held in 1972 in Stockholm and the establishment, on its recommendation, of the UN Environment Program, designed to coordinate the efforts of international organizations and states in the field of international environmental protection. During this period, international environmental cooperation expands and deepens, conventions are concluded on issues in the global settlement of which all of humanity is interested, previously adopted international treaties and agreements are updated, and work on the official and unofficial codification of sectoral principles of international environmental law is intensified.

Fourth stage after 1992 The modern period in the history of international environmental law begins with the UN Conference on Environment and Development, which was held in Rio de Janeiro (Brazil) in June 1992. This Conference directed the process of codification of international environmental law into the mainstream of the principles of socio-natural development. The parameters and deadlines for implementing the provisions of the “Agenda 21” adopted at the Conference were clarified at the World Summit on Sustainable Development in Johannesburg in 2002. The main emphasis is on ensuring environmental safety, rational use of natural resources, achieving sustainable development and conservation environment for the benefit of present and future generations.

Sources of international environmental law.

Main sources of international environmental law- this and . Their meaning and nature of interaction are different for different stages of development of this branch of international law.

There are currently about 500 international agreements on various aspects environmental protection. These are multilateral universal and regional and bilateral international agreements governing both general issues environmental protection, as well as individual objects of the World Ocean, the earth’s atmosphere, near-Earth space, etc.

Interstate relations in the field of environmental protection are also regulated by “soft” law documents. These include the Universal Declaration of Human Rights of 1948, the Stockholm Declaration on the Human Environment of 1972, the World Conservation Charter of 1982, the RIO-92 Declaration, a number of documents of the World Summit and Johannesburg of 2002.

The source of international legal regulation of environmental protection is also international custom. A number of resolutions of the UN General Assembly, adopted unanimously, incorporate the norms of customary international law. Thus, the General Assembly in 1959 adopted a resolution that declared a moratorium on the development of mineral resources in the international seabed area. This resolution is recognized by all states and must be strictly observed by them.

Having analyzed big number international agreements and other international legal acts in the field of environmental protection and rational use, we can highlight the following specific principles of international environmental law:

The principle of inadmissibility of causing transboundary damage to the environment- States must take all measures necessary to ensure that activities within their jurisdiction and control do not cause damage to the environment of other States or areas beyond national jurisdiction.

The principle of a preventive approach to environmental protection- States should take precautionary measures to anticipate, prevent or minimize the risks of serious or irreversible harm to the environment. Broadly speaking, it prohibits any activity that causes or may cause damage to the environment and endangers human health.

The principle of international law enforcement cooperation - international problems issues related to the protection and improvement of the environment should be resolved in the spirit of goodwill, partnership and cooperation of all countries.

The principle of unity of environmental protection and sustainable development- environmental protection must be an integral part of the development process and cannot be considered in isolation from it . This principle includes four elements:

1. “reasonable” or “rational” exploitation of natural resources;
2. “fair” distribution of natural resources – when using natural resources, states must take into account the needs of other countries;
3. incorporating environmental considerations into economic plans, programs and development projects; And
4. conservation of natural resources for the benefit of future generations.

The precautionary principle in environmental protection- States must approach the preparation and adoption of decisions with caution and prudence, the implementation of which may have an adverse impact on the environment. This principle requires that all activities and the use of substances that may cause harm to the environment be strictly regulated or prohibited entirely, even if there is no convincing or irrefutable evidence of their danger to the environment.

The “polluter pays” principle- the direct culprit of pollution must cover the costs associated with eliminating the consequences of this pollution or reducing them to a state that meets environmental standards.

The principle of common but differentiated responsibilities- States have a shared responsibility in the context of international efforts to protect the environment and recognize the need to take into account the role of each state in the emergence of specific environmental problems, as well as their ability to provide measures to prevent, reduce and eliminate threats to the environment.

Protection of various types of environment.

Since the Stockholm Conference in 1972, a significant number of international documents have been adopted on various environmental issues. These include: marine pollution, air pollution, ozone depletion, global warming and climate change, the threat of extinction of wild animal and plant species.

The marine environment was one of the first to become subject to regulation by international environmental law. Norms for the protection of the marine environment are contained both in general conventions (Geneva Conventions of 1958) and special agreements (Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972, North-West Fisheries Convention Atlantic Ocean 1977, Convention on Fisheries and the Conservation of Living Resources of the High Seas 1982, etc.).

The Geneva Conventions and the 1982 UN Convention on the Law of the Sea define the regime of maritime spaces, general provisions for preventing their pollution and ensuring rational use. Special agreements regulate the protection of individual components of the marine environment, protection of the sea from specific pollutants, etc.

The International Convention for the Prevention of Pollution from Ships of 1973 (and two Protocols of 1978 and 1997) provide for a set of measures to prevent operational and accidental oil pollution of the sea from ships; liquid substances transported in bulk; harmful substances transported in packaging; wastewater; garbage; as well as air pollution from ships.

The International Convention concerning Intervention on the High Seas in Cases of Oil Pollution Accidents, 1969, establishes a set of measures to prevent and reduce the consequences of marine oil pollution due to marine accidents. Coastal states should consult with other states whose interests are affected by a maritime casualty and the International Maritime Organization, and take all possible actions to reduce the risk of pollution and reduce the extent of damage. To this Convention in 1973, a Protocol was adopted on intervention in cases of accidents leading to pollution by substances other than oil.

In 1972, the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (with three annexes - Lists) was signed. The Convention regulates two types of intentional waste disposal: the dumping of waste from ships, aircraft, platforms and other artificial structures and the sinking of ships, aircraft, etc. at sea. Schedule I lists materials whose discharge into the sea is completely prohibited. Discharge of substances listed in List II requires a special permit. Schedule III defines the circumstances that must be taken into account when issuing discharge permits.

Air protection.

The central place among the norms of international environmental law in the field of air protection is occupied by the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Impact on the Natural Environment of 1977 and the Convention on Long-Range Transboundary Air Pollution of 1979.

Parties to the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modifications committed themselves not to resort to military or other hostile use of environmental modifications (deliberate management natural processes- cyclones, anticyclones, cloud fronts, etc.) that have widespread, long-term or serious consequences, as ways of causing damage or causing damage to another state.

Under the 1979 Convention on Long-Range Transboundary Air Pollution, states have agreed on the necessary measures to reduce and prevent air pollution, particularly in relation to air pollution control measures. It is envisaged, in particular, the exchange of information on these issues, periodic consultations, and the implementation of joint programs to regulate air quality and train relevant specialists. In 1985, the Convention adopted a Protocol to Reduce Sulfur Emissions or their Transboundary Fluxes, according to which sulfur emissions must be reduced by 30 percent no later than 1993.

Protection of the ozone layer.

Another problem associated with the protection of atmospheric air in international environmental law is the protection of the ozone layer. The ozone shell 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.

The Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, provide a list of ozone-depleting substances and define measures to prohibit the import and export of ozone-depleting substances and products containing them to contracting states without the appropriate permit (license). The import of these substances and products from countries that are not parties to the Convention and the Protocol, and their export to these countries, is also prohibited. The 1987 protocol limited the production of freons and other similar substances; by 1997 their production was supposed to cease.

Space security.

The rules of international environmental law regarding pollution and littering of outer space are contained in the fundamental documents - the Outer Space Treaty of 1967 and the Moon Agreement of 1979. When studying and using outer space and celestial bodies, participating states are obliged to avoid their pollution and take measures to preventing disruption of the balance formed on them. Celestial bodies and their natural resources are declared.

Climate protection.

Climate protection and problems associated with its changes and fluctuations occupy an important place in the system of international environmental law. In the late 80s of the last century, the problem of climate change began to quickly gain weight on the world agenda and began to be frequently mentioned in resolutions of the UN General Assembly. It was at this time that the 1992 UN Framework Convention on Climate Change was adopted, the ultimate goal of which is “to stabilize the concentration of greenhouse gases in the atmosphere at a level that would prevent dangerous anthropogenic influence on the climate system.” Parties to the Convention are committed to taking precautionary measures to predict, prevent or minimize the causes of climate change and mitigate its negative consequences.

Protection of flora and fauna.

Relations in the field of protection and use of flora and fauna are regulated by a number of universal and many bilateral international agreements.

Among the conventions of international environmental law devoted to the protection and conservation of flora and fauna, the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage should be highlighted, designed to ensure cooperation in the protection of areas of particular importance natural complexes, habitats of endangered species of animals and plants. The 1983 Tropical Forest Agreement is dedicated to the protection of flora. General value has 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 devoted to the protection of various representatives of the animal world - whales, seals, polar bears. An important position is occupied by the Convention on Biological Diversity of 1992, the purpose of which is “the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the use of genetic resources.” The 1979 Convention on the Conservation of Migratory Species of Wild Animals is also of particular importance.

Literature.

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International environmental law (IEL) 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 due to its international use Vinogradov S.V. International law and air protection. - M.: Nauka, 2007. - 174 p..

The object of the MEP is the relations of subjects of international law regarding the protection and reasonable exploitation of the environment for the benefit of current and future generations of people.

The process of formation of the MEP industry has been going on since the 19th century, and has gone through several stages in its development. There are three stages in the formation and development of the MEP: 1839-1948; 1948-1972; 1972-present.

The first stage is linked to the first attempts of “civilized” states to resolve regional and local environmental problems, the second stage - with the beginning of the UN, the third stage marks the holding of global international conferences on this issue Balashenko S. A., Makarova T. I. International legal protection of the environment and human rights: textbook. allowance. - Minsk: World Wide Printing, 2006. - 99 pp..

The sources of the MEP industry are the norms of international environmental agreements, as well as international customs. The MEP industry is not codified. In the system of sources, the norms of regional international agreements prevail. The most important sources are such acts as the Convention on Biological Diversity of 1992, the Framework Convention on Climate Change of 1992, the Convention for the Protection of the Ozone Layer of 1985, the Convention on the Conservation of Migratory Species of Wild Animals of 1970, etc.

In modern conditions, environmental protection comes to the fore. The consequences of insufficient attention to the problem can be catastrophic. It's about 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. Leads to catastrophic changes in the Earth's climate " Greenhouse effect", 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, which poses the problem of human survival. Finally, accidents at enterprises involving radioactive and toxic substances, testing nuclear weapons, cause enormous damage to human health and nature. Armed conflicts cause great damage to the environment, as evidenced by the experience of the wars in Vietnam, Kampuchea, the Persian Gulf, Yugoslavia, etc. Kopylov M.N. Introduction to international environmental law / M.N. Kopylov. - Moscow: RUDN, 2007. - 167 p.

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 conditions life. 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 correct use natural resources International law: textbook for universities / rep. ed. G. V. Ignatenko, O. I. Tiunov. - M.: NORMA, 2010. - 133 p.. protection of natural resource international

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 development and functioning of the MEP, like any branch of international law, is based on certain fundamental provisions, which are unique legal axioms in the relatively mobile matter of international law - the principles of the MEP. MEP has basic principles of 2 types:

• - basic principles of international law;
• - specific principles of the MEP.

The basic principles of international law include the principles set out in the UN Charter, the 1970 UN Declaration of Principles, the Final List of the 1975 Helsinki Summit and those developed by international legal practice. This is, first of all, fundamental principles international law: sovereign equality, non-use of force and threat of force, inviolability state borders, territorial integrity of states, peaceful resolution of disputes, non-interference in internal affairs, respect for human rights and fundamental freedoms, self-determination of peoples, cooperation, conscientious fulfillment of international legal obligations International Law: textbook / rep. ed. E. T. Usenko, G. G. Shinkaretskaya. - M.: Yurist, 2005. - 120 p..

Specific principles of international environmental law are a developing category. These principles have not yet been reflected in any fully codified form; they are scattered across many international legal acts, both mandatory and recommendatory in nature. Such diversity introduces some uncertainty into the positions of international lawyers on the issue of the number of IEP principles.

Specific principles of international environmental law:

• 1. Protection of the environment for the benefit of present and future generations is a general principle in relation to the entire set of special principles and norms of international environmental law. Its essence boils down to the obligation of states to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as for the rational and scientifically based management of natural resources.
• 2. The prohibition of transboundary harm prohibits actions by States within their jurisdiction or control that would cause harm to foreign national environmental systems and public areas.
• 3. Environmentally sound management of natural resources: rational planning and management of the Earth's renewable and non-renewable resources for the benefit of present and future generations; long-term planning of environmental activities with an environmental perspective; assessment of the possible consequences of the activities of states within their territory, areas of jurisdiction or control for environmental systems beyond these boundaries, etc.
• 4. The principle of the inadmissibility of radioactive contamination of the environment covers both military and peaceful areas of nuclear energy use.
• 5. The principle of protecting the ecological systems of the World Ocean obliges states to: take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one area to another and not to transform one type of pollution into another, etc.
• 6. The principle of the prohibition of military or any other hostile use of means of influencing the natural environment in concentrated form expresses the obligation of states to take all necessary measures to effectively prohibit such use of means of influencing the natural environment that have widespread, long-term or serious consequences as methods of destruction, causing damage or injury to any state.
• 7. Ensuring environmental security: the duty of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.
• 8. The principle of monitoring compliance with international treaties on environmental protection provides for the creation, in addition to the national one, of an extensive system of international control and monitoring of environmental quality.
• 9. The principle of international legal responsibility of states for damage to the environment provides for liability for significant damage to environmental systems outside of national jurisdiction or control Trusov A.G. International environmental law (international environmental law): textbook. allowance. - M.: Academy, 2009. - 67 p..

Thus, international environmental law (IEL) or international environmental law is an integral part (branch) of the international law system, which is a set of norms and principles of international law governing the activities of its subjects to prevent and eliminate environmental damage from various sources, as well as on rational use of natural resources.