Job description of the distributor of work 4 categories. Distributor of works on the railway. Occupational safety requirements during work

Environmental protection refers to global issues survival of human civilization. Therefore, the natural environment is an important object of 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 systems of the natural environment of individual states and systems of the natural environment that are beyond national jurisdiction.

Main objects international legal protection of the natural environment are land, subsoil, the oceans, celestial bodies, air space, 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 activity (lawful 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. Along with this, for individual objects, the number of international treaties relating to their protection is increasing.

III. International natural resources that are beyond the limits of national jurisdiction or which, in the course 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), which are owned or used by two or more countries (for example, water resources of multinational rivers, populations of migratory animals, border natural complexes).

The 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 Matter, 1972;

Convention for the Prevention of Pollution from Ships, 1973;

Convention on international trade endangered species of wild flora and fauna, 1973;

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

Convention on Transboundary Air Pollution at long distance 1979;

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

- Convention for the Protection of Fauna and Flora in 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;

No harm to the natural environment;

Assessment of transboundary environmental impacts of the proposed activity;

The natural environment outside the state border is the common property of all mankind;

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 ongoing scientific and technological revolution, increasing the real threat of man-made emergencies, the importance of international cooperation in this area is increasing. An important role in such cooperation is played by the conclusion of international treaties of a specialized nature. For example, to international conventions on environmental safety relate:

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

Do not resort to military or any other enemy
Debt use of means of impact on the environment
consuming the natural environment by deliberately
changes in the dynamics of the state, the structure of the Earth, including
tea its biota, lithosphere, hydrosphere, atmosphere or
space; i

Not to help, 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 environment for peaceful purposes;

Take any legal measures to prohibit and prevent any activity that is 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 the state territory;

Through the exchange of information, consultations and monitoring (ongoing observation), develop a strategy for combating air pollutant emissions;

Develop best systems regulation of air quality, measures to combat its pollution.

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

In 1972, within the framework of the United Nations, the Program for the Protection of the Environment (UNEP) was developed, headquartered in Nairobi (Kenya). This program is a special international mechanism for coordinating cooperation between states in the field of environmental protection. The structure of UNEP includes the Board of Governors, the Secretariat and the Fund environment.

UNEP is led by a Director and a Governing Council composed of representatives from 58 countries. The main functions of the Council are:

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

Implementation of general management and coordination of programs in the field of the environment carried out by UN organizations;

Preparation of reviews of the state of the environment and identification of ways for international cooperation;

Implementation of continuous observation (monitoring) of the impact of national and international policies on the state of the environment and environmental protection measures for developing countries;

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

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

Executive Director heads the office, which includes: the department of environmental assessment; department of management in the field of environmental protection; department but problems omit-

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

Under the leadership of the secretariat, there are: a bureau for program issues; department of external relations and policy planning; liaison offices in New York and Geneva; information service, regional representative offices.

The Bureau of Questions plays an important role in the activities of the Environment Fund! Fund for the Environment 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);

Combating various types of harmful impacts I (combating desertification, pollution);

Rational use of natural resources;

Creation of the world help desk on monitoring the state of the environment (monitoring);

The study of ecological features of development j settlements;

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

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

Very relevant and effective are the international forums organized under the auspices of the UN and devoted to the problems of environmental protection. One of such representative international forums was the Conference on

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 "Declaration of Rio":

Observance of human rights in the field of environmental protection;

Cooperation of states in the field of environmental protection;

Sustainable development of human society;

Peace and peaceful resolution of environmental disputes.

In the same document, the principles of cooperation between states in the field of environmental protection were again enshrined:

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

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

(c) prevention of the facts of transfer of pollutants to other states that cause damage to the environment and people;

(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) assessing the expected environmental impacts 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 general and special competence.

Thus, the Maastricht Treaty on the European Union (EU) consolidates the environmental goals of this organization! downgrading - to promote on international level measures (| related to regional and global environmental problems. Annexes to the Maastricht Treaty are three declarations on environmental topics: directives on harmful emissions on the impact of EU measures on environmental protection! Environment; on the protection of animals.

Within the EU, the European Environment Agency and the European Environmental Information and Observation Network were established 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 draws up quarterly reports on the quality, intensity and nature of the impact on the environment, develops uniform assessment criteria, data on the state of the environment. The priority objects of observation in the activities of the Agency 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, non-waste technologies; noise pollution; chemicals harmful to the environment, etc.

Other regional organizations (OSCE, CE, CIS) pay more and more attention to the problems of environmental security. Thus, within the framework of the OSCE in Sofia in 1989, a Conference on the Protection of the Environment was held. 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 of special competence include the Commission for the countries of the South Pacific, which was established 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 states of the region.

An example of international sub-regional cooperation of states in the field of environmental protection is the Black Sea Protection Program, developed within the framework of the Black Sea Economic Cooperation Organization, established in June 1992.

An important role in protecting the natural environment is played by international non-governmental organizations (World Wildlife Fund, Greenpeace, International Institute for Environment and Development, International Council on Environmental Law, International Environmental Court, etc.). Their activities are becoming more active and becoming more and more 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 sphere.

Literature:

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

2. The course of international law. In 7 vols. 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.

As a result of mastering this chapter, students should:

know

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

be able to

• navigate the sources of international environmental law;
• evaluate the effectiveness of international environmental protection mechanisms;
• assess the effectiveness of the activities of international environmental organizations;
• evaluate the expediency of applying certain types and forms of international legal responsibility to the violator of international environmental law;

master the skills

• operating with the main international legal concepts (definitions) used in this industry;
• work 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 combines the principles and norms of international law governing the relations of its subjects in the field of environmental protection and the rational use of its resources.

In our time, the problems of protecting the environment come 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 mankind.

Water and air pollution damages human health and nature. Farmland degradation leads to drought and soil erosion. Mass destruction of forests adversely affects the climate and reduces biodiversity. A serious threat to health is the depletion of the ozone layer, which protects against harmful solar radiation. The "greenhouse effect" leads to catastrophic changes in the Earth's climate. 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. Accidents at enterprises associated with 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 the 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. Participating States held in 1972 under the auspices of the UN the first World Conference on the Environment, in the adopted Declaration on human environment environment, declared: "Man has the right to freedom, equality and proper conditions of life, to an environment of such a quality that it makes it possible to live with dignity and well-being." Ensuring this right should be entrusted to states and only with their effective cooperation real results can be achieved. Directions for such cooperation were further defined in subsequent resolutions of the PLO. In particular, in the resolution of the UN General Assembly 1831 (XVII) of December 18, 1962 "Economic development and environmental protection", in which an attempt was made to orient the international community towards finding a combination of environmental and economic interests of society, the development of a set of measures for the protection of specific natural resources.

AT Declarations of the 1972 United Nations Stockholm Conference on the Environment 26 principles were formulated that states should be guided by both in the implementation of international cooperation and in the development of national programs in this area.

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

• October 28, 1982 by resolution of the UN General Assembly 37/7 was approved World Charter for Nature. This important international document once again stressed the importance of protecting the environment. In particular, the said resolution stated:
  • - humanity is part of nature and life depends on the continuous functioning of natural systems, which are a source of energy and nutrients;
  • - civilization is rooted 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 a person with the best opportunities for the development of his creative principles, recreation and leisure activities;
  • - any form of life is unique and deserves respect, whatever its usefulness for humans. To recognize this inherent value of other living beings, man must be guided by a moral code of conduct;
  • - a person can, by his actions or their consequences, modify nature and exhaust its resources, and therefore he must be fully aware of pressing need maintaining the balance and quality of nature and its resources;
  • – the long-term benefits that can be derived 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 endangered by man through overexploitation or destruction of natural habitats;
  • – the degradation of natural systems as a result of the overconsumption and abuse of natural resources, as well as the failure to establish adequate economic order between peoples and states leads to the destruction of the economic, social and political structures of civilization;
  • - the pursuit of scarce 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 mankind learns to live in peace and gives up 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, the states confirmed the need to expand international cooperation in the field of environmental protection.

In June 1992, in Rio de Janeiro, a second UN Environment Conference in which 178 countries participated. The conference adopted Declaration entitled "Agenda for XXI Century", as well as a special resolution on the principles of cooperation between states in this field.

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 the state borders is the common property of mankind and is not subject to national appropriation by proclaiming its sovereignty or through practical use, occupation, etc.;
• - the use of the environment, the reproduction and renewal of natural resources should 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 should be carried out in interdependence with respect for human rights and fundamental freedoms;
• – prevention of harm means the obligation of states to identify and evaluate substances, technologies, production and activity categories 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 liability within the framework of their obligations under treaty or other norms of international law in the field of environmental protection.

The Conference also saw the signing of two universal conventions:

• – Conventions on Biological Diversity and
• – United Nations Framework Convention on Climate Change.

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

The Rio Conference was intended to initiate close cooperation between state power, business and the public in the implementation of ideas sustainable development. However, this goal was hampered by the disagreements between the industrialized and developing countries that emerged during the conference. Thus, due to the opposition of the "third world" countries, the forum participants failed to work out 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 Convention on Climate Change did not include specific obligations of states on the volume and rate of reduction of greenhouse gas emissions into the atmosphere.

Measures to implement the decisions of the conference turned out to be ineffective, which became clear at the special session of the UN General Assembly held in June 1997 called "Rio plus 5" (five years have passed since the Conference was held). During the discussions, it became clear that humanity is still on the path of ecological catastrophe.

In 2002 passed United Nations Conference on Sustainable Development - Rio+20. Participating world leaders, together with thousands of private sector, NGO and other groups, have worked together to develop a strategy to deliver real environmental protection measures.

In 2012 Johannesburg hosted 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 Forum's Political Declaration, calling on all countries to work for the benefit of common prosperity and peace. The Action Plan for Combating Poverty and Protecting the Earth's Ecology was also adopted, which provides for a number of large-scale actions that provide hundreds of millions of people with access to clean water and electricity. The plan stipulates comprehensive environmental programs that slow down deforestation and the depletion of fish resources in the world's oceans. The plan also provides for a global reduction in subsidies for the extraction of fossil energy, the transition to renewable energy sources. The Johannesburg summit, by its decisions and obligations imposed on countries, once again emphasized the great importance of world agreements on the cornerstone problems of the life support of the planet's population, the role of developed countries and international organizations, which are the only tool 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 activity, pave the way for the subsequent development of agreements on these issues, and determine the fundamental basis for the development by states of legally binding international agreements– sources of international environmental law.

• In domestic literature, the concept of "international environmental law" is also widespread. The term "environmental law" seems preferable only because of its international use.

International environmental law- a set of international legal principles and norms governing relations regarding the protection of the environment from harmful effects, the rational use of its individual elements in order to ensure optimal conditions the life of individual individuals, as well as the existence of all mankind as a whole.

The formation of international OS law:

1. late 19th-early 20th century. During this period, there was no system of international legal treaties that comprehensively regulate the protection of the environment, but separate measures were already being taken, agreements were concluded on the protection of individual natural objects. (1890 - Agreement for the Protection of Fur Seals)

2. 1913-1948. The first international conference dedicated to the protection of nature was held in Bern.

3. 1948-1972. Creation of the first international environmental organization - the International Union for Conservation of Nature.

4. 1972-1992. Conference in Stockholm. Stockholm Declaration. The first ecological human rights are fixed.

5. 1992-our days. Rio Declaration (=Brazilian Declaration), CSCE, OSCE.

International legal protection

IGO objects: natural objects, about which the subjects of international law.

Kinds:

The impact on which occurs from the territory of states (air environment, inland waters, flora and fauna)

The impact on which occurs from an international territory or from a territory with a mixed regime (outer space, near-Earth outer space, the world ocean, objects of the common heritage of mankind (territories that are not under the sovereignty of any state and have environmental immunity (Antarctica, the Moon)), use nature for military purposes)

Subjects of international law:

International governmental and intergovernmental organizations

States

UN, UNET (United Nations Environment Programme), UNESCO (United Nations Organization for Culture, Science and Education) IAEA ( International Agency Atomic Energy) WHO (World Health Organization), FAO (Agriculture and Food Organization), WMO (United Nations World Meteorological Organization)

Organization for European Economic Cooperation (Environmental Directorate)

Non-Governmental Organizations (International Union for Conservation of Nature, Greenpeace, WWF)

Principles of international environmental law:

General (fixed in the UN Charter)

1. the principle of the sovereign equality of states

2. the principle of cooperation

3. the principle of conscientious fulfillment of the obligations of international law

4. principle of peaceful settlement of the dispute and non-use of force

Special

a. The principle of the sovereign right of the state to natural resources and the obligation not to cause environmental harm beyond the limits of national jurisdiction

b. principle...

c. the polluter pays principle

d. principle of common but distinct responsibility

e. the principle of equal right of citizens to a favorable environment

Sources:

1. international standards

2. legal practices

3. general principles of law

4. judgments and doctrines

6. statements

7. international treaties pending entry into force

8. binding decisions of international organizations, international courts and tribunals

International treaties:

Atmospheric air protection (1979 Convention on Long-range Transboundary Air Pollution, 1985 Vienna Convention for the Protection of the Ozone Layer, 1992 UN Framework Convention on Climate Change, Kyoto Protocol)

Wildlife conservation (1992 Convention on Biological Diversity, Cartogen Protocol, Corsair Water Bog Convention?!)

International legal protection of the rights of citizens.

Orpus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 1998. (Russia does not participate)

Environmental law of the European Union

the legal norms governing social relations between EU member states and citizens of these states form the system of EU Environmental Law.

Subject of regulation.

Public relations for the protection of the EU environment

Relationships associated with the use of various environmentally hazardous substances

Subjects: states, citizens, legal entities of the participating states.

Goals and directions environmental policy first enshrined in the program of action in 1972.

Sources:

1. sources of primary law:

1. European Community Treaty 1992

2. Treaty on European Union 1992

3. EU constitution

2. sources of secondary law (legal legal acts, regulatory agreements, declarations, and other nonsense)

1. NLA (regulations, directives (define the goal or result to be achieved, the states retain the right to choose measures, methods and procedures), decisions (adopted by the Council or the EU Commission and addressed to specific individuals))

2. normative agreements

4. judicial precedent

A feature of the EU legislation system is the absence of by-laws.

Environmental issues fall within the competence of the Commission of the European Parliament on the environment, health and ...

The development and submission of bills to the Council of the European Parliament is entrusted to the European Commission.

The judicial system is represented by two judicial bodies: the Court of the European Communities and the Tribunal of First Instance.

This is a set of international legal norms and principles that regulate 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 environment.

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

In the second half of the 20th century, international environmental law stood out as an independent and complex one with all its inherent features, which indicates the recognition by mankind 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 issues history of international environmental law can be roughly divided into four main stages:

The first stage 1839-1948 originates from the bilateral Convention on oyster fishing and fishing off the coast of Great Britain and France of August 2, 1839. During this period, scattered efforts were made at the bilateral, subregional and regional levels to protect and preserve individual wildlife. The efforts of the ongoing conferences were not coordinated and did not enjoy the effective support of governments. Although during this period the states showed a certain attention to environmental issues, expressed in the conclusion of more than 10 regional agreements, nevertheless, it was possible to some extent to 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 protection. The environmental problem is becoming global in nature, and the UN and a number of its specialized agencies are trying to adapt to its solution. The first universal international treaties and agreements aimed at the protection and use of specific natural objects and complexes are being concluded.

Third stage 1972-1992 is associated with the first universal UN Conference on the problems of the human environment held in Stockholm in 1972 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 mankind is interested, previously adopted international treaties and agreements are updated, work is intensified on official and unofficial codification of sectoral principles of international environmental law.

Fourth stage after 1992 The modern period in the history of international environmental law dates back to 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 in line with the principles of socio-natural development. The parameters and deadlines for the implementation of the provisions of the Agenda for the 21st Century adopted at the Conference were specified 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 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 a given branch of international law.

Currently, there are about 500 international agreements on various aspects environmental protection. These are multilateral universal and regional and bilateral international agreements that regulate both general issues of environmental protection and 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 Charter for Conservation of Nature of 1982, the Rio-92 Declaration, a number of documents of the World Summit and in 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 mineral resources International Seabed Area. This resolution is recognized by all states and must be strictly observed by them.

After analyzing a large number of international agreements and other international legal acts in the field of protection and rational use of the environment, we can distinguish 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 damages or may damage the environment and endanger human health.

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

The principle of unity of environmental protection and sustainable development- environmental protection should be an integral part of the development process and cannot be considered in isolation from it . This principle has 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. integration of environmental considerations into economic plans, development programs and projects; and
4. conservation of natural resources for the benefit of future generations.

Environmental Precautionary Principle- States should approach the preparation and adoption of decisions with caution and foresight, the implementation of which may have an adverse impact on the environment. This principle requires that any activities and use of substances that can cause damage to the environment are strictly regulated or completely prohibited, 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 the elimination of the consequences of this pollution or their reduction to a state that meets environmental standards.

The principle of common but differentiated responsibilities- States have a common 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 dealing with various environmental issues have been adopted. 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 be regulated by international environmental law. The norms for the protection of the marine environment are contained both in general conventions (the Geneva Conventions of 1958,) and special agreements (Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972, Convention on Fisheries in the North-West Atlantic Ocean of 1977 ., Convention on Fisheries and the Protection 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 to prevent their pollution and ensure rational use. Special agreements regulate the protection of individual components of the marine environment, the 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 pollution of the sea from ships by oil; liquid substances carried in bulk; harmful substances transported in packaging; sewage; rubbish; as well as air pollution from ships.

The 1969 International Convention on Intervention on the High Seas in Cases of Accidents Resulting in Oil Pollution establishes a set of measures to prevent and reduce the consequences of oil pollution of the sea due to marine accidents. Coastal states should consult with other states whose interests are affected by a maritime accident and the International Maritime Organization, to take all possible actions to reduce the risk of pollution and reduce the amount of damage. To this Convention in 1973 was adopted the Protocol on Intervention in Cases of Accidents Leading to Pollution by Substances Other Than Oil.

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

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 Environment of 1977 and the Convention on Long-Range Transboundary Air Pollution of 1979.

The parties to the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment pledged not to resort to military or other hostile use of means of influencing the natural environment (deliberate control of natural processes - cyclones, anticyclones, cloud fronts, etc.) that have wide, long-term or serious consequences, as ways of harming or harming another state.

In accordance with the Convention on Long-range Transboundary Air Pollution of 1979, states agreed on the necessary measures to reduce and prevent air pollution, primarily in relation to means of combating air pollution emissions. It is envisaged, in particular, to exchange information on these issues, periodically consult, implement joint programs on air quality regulation and training of relevant specialists. In 1985, the Protocol on the Reduction of Sulfur Emissions or Their Transboundary Fluxes was adopted to the Convention, according to which sulfur emissions should be reduced by 30 percent no later than 1993.

Protection of the ozone layer.

Another problem is connected with the protection of atmospheric air in international environmental law - the protection of the ozone layer. 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.

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

Space protection.

The norms of international environmental law relating to pollution and debris of outer space are contained in the fundamental documents - the Outer Space Treaty of 1967 and the Moon Agreement of 1979. In the study and use of outer space and celestial bodies, participating States are obliged to avoid their pollution, take measures to prevent disturbance of the equilibrium formed on them. Celestial bodies and their natural resources have been announced.

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 rapidly gain weight on the world agenda and was often mentioned in the resolutions of the UN General Assembly. It was at this time that the UN Framework Convention on Climate Change of 1992 was adopted, the ultimate goal of which is "stabilizing the concentration of greenhouse gases in the atmosphere at a level that would not allow dangerous anthropogenic impact on the climate system." The parties to the Convention have undertaken to take preventive measures in the field of forecasting, preventing or minimizing the causes of climate change and mitigating its negative consequences.

Protection of flora and fauna.

Relations in the field of protection and use of animals and flora, is regulated by a number of universal and many bilateral international agreements.

Among the conventions of international environmental law dedicated to the protection and conservation of flora and fauna, the Convention on the Protection of the World Cultural and Natural Heritage of 1972 should be singled out, designed to ensure cooperation in the protection of natural complexes of particular importance, habitats of endangered species of animals and plants. The Agreement on the Protection of the Flora is dedicated to tropical forests 1983 The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, which sets out the basis for controlling such trade, is of general importance.

The bulk of the conventions is devoted to the protection of various representatives of the animal world - whales, seals, polar bears. An important position is occupied by the 1992 Convention on Biological Diversity, the purpose of which is “the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits associated with 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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