HL.a Law

IB Knowledge Statements HL.a Law

HL.a.1 Laws are rules that govern human behaviour and are enforced by social or governmental authority.

HL.a.2 Environmental law refers specifically to the rules about how human beings use and impact natural resources, with the aim of improving social and ecological sustainability.

HL.a.3 Environmental laws can have an important role in addressing and supporting environmental justice, but they can be difficult to approve due to lobbying.

HL.a.4 Environmental law is built into existing legal frameworks, but its success can vary from country to country.

HL.a.5 Environmental constitutionalism refers to the introduction of environmental rights and obligations into the constitution.

HL.a.6 Environmental laws can be drafted at the local, national or international level.

HL.a.7 International law provides an essential framework for addressing transboundary issues of pollution and resource management.

HL.a.8 UN conferences produce international conventions (agreements) that are legally binding, and protocols that may become legally binding, to all signatories.

HL.a.9 International agreements can generate institutions or organizations to aid their implementation.

HL.a.10 The application of international environmental law has been examined within international courts and tribunals.

HL.a.11 There are an increasing number of laws granting legal personhood to natural entities in order to strengthen environmental protection.

HL.a.12 Both legal and economic strategies can play a role in maintaining sustainable use of the environment.

Part 1: The Need of Environmental Law

Strong laws, made and enforced by a government or social authority - essential for a well-functioning society.

ensure that everyone is treated fairly
that the powerful are held accountable,
that the rights of all people are protected.

This creates a stable and peaceful environment where everyone can thrive

Everyone is accountable for their actions, regardless of their wealth or status.
Everyone has equal opportunities and is treated fairly under the law.
Everyone has access to justice, even if they cannot afford to hire a lawyer.
Human rights and the environment are protected
Corruption is low and violence is rare.

Who's Involved?

includes agreements between many countries to work together to protect the environment.
These agreements, called multilateral treaties
provide a framework for countries to cooperate internationally on issues such as climate change, air pollution, and biodiversity conservation.
Example:
- The United Nations Framework Convention on Climate Change (UNFCCC) and
- the United Nations Convention on Biodiversity

Miracle of the Commons

Contrast of the tragedy of the commons
Developed by Elinor Ostrom, a political scientist
Believes that people can share resources sustainably
Reflect on the complexity of making and enforcing environmental laws - appreciate the scale of assigning such laws to interconnected systems
How do we see the world as one interconnected system

How environmental law aligns with social justice

Environmental Law

At its first universal session in 2013, UNEP’s Governing Body adopted Decision 27/9, on Advancing Justice, Governance and Law for Environmental Sustainability.
This decision is the first internationally negotiated document to establish the term ‘environmental rule of law.’
It invited Governments and relevant organisations to reinforce international, regional and sub-regional cooperation to combat noncompliance with environmental laws

Aarhus Convention

New kind of environmental agreement.

The Convention was designed to support the following factors that align well with the concept of environmental justice;

Links environmental rights and human rights
Acknowledges that we owe an obligation to future generations
Establishes that sustainable development can be achieved only through the involvement of all stakeholders
Links government accountability and environmental protection
Focuses on interactions between the public and public authorities in a democratic context.

Part 2: The Challenges of Environmental Law

Varies between countries
A UN report in 2019 summarised the variation of the effectiveness of international law as follows
As of 2017, 176 countries have environmental framework laws, 150 countries have enshrined environmental protection or the right to a healthy environment in their constitutions, and 164 countries have created cabinet-level bodies responsible for environmental protection, according to the first-ever global assessment of environmental rule of law.
Weak enforcement however is a global trend exacerbating environmental threats.
The backlash against implementation efforts includes harassment, arbitrary detention, and murders of environmental defenders
May also be due to the lack of clarity in the written law
Defenders are met with threats and violence – some were murdered
Done by those with financial interests

https://www.globalwitness.org/en/

Part 3: Case Study: ASEAN Transboundary Pollution

Discuss the role international agreement and national legislations involving the ASEAN transboundary pollution in achieving sustainability

[Sample of IB question for a 9M essay]

Step 1

Introduce the issues in global and local scale. Identify contrasting perspectives that lead to tensions. Give examples

Step 2

Using sustainability and/or system concepts, link the issue to the question

Step 3

Provide contrasting arguments/hypothesis (+/- around 3:3 ratio). This has to demonstrate that you have a balanced point of view. Give a range of exampels for each side

Step 4

Conclude based on the arguments. This conclusion should not show any bias

Paper 2 HL, Section B, 9-marker rubric

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