Message on the topic of international environmental law. International environmental legislation

12.03.2020

The concept of "International Environmental Law". Subjects of international environmental law. Object (legal regulation) in international environmental law. Main directions international cooperation in international environmental law. Objects of international legal protection of international environmental law. Some features of the origin and development of international environmental law. The main sources of international environmental law. The basic principles of international environmental law. International legal protection of various types of resources of world nature (objects of political and legal protection of international environmental law). The main problems of modern international environmental law.

International environmental law (significantly less often in scientific and educational literature uses the following synonymous designations: international law of the environment, the international law of environmental protection) is a combination of legal norms and principles, in order to protect and rational use of world natural resources regulating international relationships in the field of environmental protection.

Subjects of modern international environmental law are modern states, as well as various international organizations (within the framework of this international legal industry, the role and "specific weight" of the contribution international organizations In decisions and documents are significant).

Thus, the object (legal regulation) of international environmental law is the relations of the subjects of international law on the protection and reasonable exploitation of the global environment, designed for the benefit of the current and future generations of people.

International cooperation in the system of modern international environmental law is carried out in two basic areas:

1) the creation of legal norms and standards guarding individual natural objects;
2) Implementation of the supervision of a certain state or an international organization ensuring that one or other industrial, economic or other activities is carried out with regard to the effects of this environment.

The objects of international legal protection of international environmental law (international environmental protection) include:

1) different water resources world nature;
2) atmosphere;
3) ozone layer;
4) climate;
5) various living resources of world nature (flora and fauna);
6) various environmental systems of world nature (ecosystem);
7) soil;
8) Antarctica.

International environmental law is one of the newest and, unconditional branches of modern international law. This international legal industry is fully active in recent decades, which is associated with a constant increase in attention from developed states and influential international organizations to the issues of environmental protection and world nature, which is characterized by the global political and legal conjuncture of the last decades.

Accordingly, special attention is paid to the environmental issues and many modern international international documents and political and legal standards. Thus, in the Millennium Declaration of United Nations, protection, protection and rational use of all living organisms and natural resources are classified as the fundamental values \u200b\u200bof human civilization and modern international political and legal order.

So close attention from the main "players" of the modern world political "Arena" is due to the fact that they all understand the importance and significance of the environment for all modern humanity; Its versatility and inseparalism, as well as in the fact that with the development of the scale of industrial production and with an increase in the population of the Earth, natural resources are increasingly extended, which are well aware of modern international legal entities.

At the same time, it should be noted that the first provisions on environmental protection began to appear in international law in its other industries.

For example, provisions for the protection of marine waters are contained in industry conventions under international law, special attention is paid to the fight against oil pollution. Thus, the first "maritime" International Legal Convention on Environmental Conditions - the International Convention for the Prevention of Sea Pollution Oil, 1954, was sent to the decision of this problem, 1954. This convention has banned the practice of oil plum from maritime vessels for water spaces and resources.

Over time, however, the need to allocate political and legal standards, principles, categories to protect the environment in a separate international legal industry, has become finally understandable and has been implemented to the life of international official entities.

The main sources of modern international environmental law are the following international legal instruments:

1) Resolution General Assembly United Nations on the historical responsibility of states for the conservation of the nature of the Earth for the present and future generations of 1980;
2) World Charter of Nature 1982;
3) Millennium Declaration of the United Nations 2000;
4) the Convention on the Prohibition of Military or any other hostile impact on the natural environment 1976;
5) Vienna Convention on the Protection of the Ozone Layer 1985;
6) the Convention on the Protection of Migratory Wild Animals 1979;
7) Convention on the Protection of World Cultural and natural Heritage 1972;
8) Agreement on Antarctic 1959, as well as a number of other international legal instruments.

The most essential principles of modern international environmental law are:

1) the general principle of the dominance of environmental protection by all the subjects of modern international law;
2) the principle of state sovereignty over natural resources on its territory;
3) the principle does not cause one international legal entity (most often, the state) of the nature of another state by any actions performed in its own territory;
4) the principle of responsibility of each international legal entity for harming the nature of another state;
5) the principle of free access to information devoted to the environment and the problems of its protection;
6) the principle of preventing radioactive environmental pollution;
7) the principle of preventing military or other harmful effects on the environment.

As mentioned above, one of the first objects of international legal protection that caused the attention of the subjects of international relations, marine water resources became. For the above-mentioned International Convention for the Prevention of Sea Pollution Oil 1954 followed the issues of the protection of maritime resources from various harmful substances International Universal Conventions: the Convention on the Prevention of Sea pollution by the discharges of waste and other materials of 1972 and the Convention on Pollution Prevention from Courts 1973 .

The issue of international legal protection of waters and maritime resources of individual seas was the cause of the creation of interstate regional agreements.

The most significant among interstate regional agreements dedicated to the protection of specific seas was the Protection Convention marine environment District of the Baltic Sea, 1974 This Convention has strictly forbade not only the pollution of the Baltic Sea, carried out from maritime courts, but also all the discharges produced from sushi, waste, garbage. Based on the provisions of this Convention, the special commission on the protection of the Baltic Sea Marine Environment was created.

In 1992, the Baltic countries adopted a new Convention on the Protection of the Natural Marine Environment of the Baltic Sea District, which had established even more stringent requirements for the protection of its resources.

The adoption of the new Convention on the Protection of the Baltic Sea was associated with substantial changes in the political and legal status of the states of the region and with the desire of the Baltic States as much as possible to maintain their main natural value, its most significant natural resource, focusing on this issue in the most stringent ( In relation to the protection of nature as a whole) political and legal standards of Western Europe.

Following the theme of the protection of maritime resources, universal international legal standards and regional interstate agreements were followed devoted to the protection of water resources of rivers and lakes. For example, it is quite effective in terms of its implementation by States parties to this international agreement is the Convention on the Protection of the Rhine from pollution by chemicals of 1976, prepared by several European states by the Rhine Protection Commission from pollution.

At the same time, water as the most important natural value is becoming increasingly important in conditions. modern Development humanity, and most - in connection with the steady growth of its consumption throughout the XX and early XXI centuries. and in connection with the extreme limitations of its resources, which refers, first of all, to the resources of fresh water.

Therefore, the problem of protecting freshwater pools Currently acquired absolutely exceptional importance not only for international environmental law, but also for international law, as well as for the existing global political order as a whole.

Thus, a number of serious political analysts and specialists in the field of geopolitics with a significant proportion of probability predict the possibility of emergence in the near future of military-political conflicts associated precisely with a lack of fresh water, for example, in some states of the Middle and Middle East (in particular, military actions are quite likely. "For fresh water" between the Republic of Yemen and the Kingdom of Saudi Arabia).

As a result of a deep understanding of the subjects of the modern international law of the exceptional importance of fresh water in the industry of international environmental law, new extremely significant innovations appear in the recent decades. Thus, for example, the UN International Right Commission prepared its own draft articles dedicated to the UN General Assembly on the Unusted use of international watercourses.

Under the watercoulations in the draft commission are not only surface water, but also those groundwater, which form uniform natural systems with surface waters (most often "tied" into one such system surface and groundwater flows to one exit). In turn, in the space of modern international law, the international are all watercourses, parts of which are located in different states.

The modes of using international watercourses are determined by bilateral and multilateral agreements of states, with the territories of which they are related. At the same time, according to the standards of international environmental law, all states in the territories of which international watercourses are subject to the right to participate in such international agreements.

In turn, all states are obliged to use international watercourses only in such a way as not to damage these natural resources. Modern states are obliged to ensure the protection and protection of international watercourses at the required limits, as well as to cooperate with each other on an equal basis in achieving this goal.

According to modern industry standards, subjects of international environmental law should also pay close attention to the protection of the atmosphere, the ozone layer, the climate of the Earth, the living resources of world nature (flora and fauna), soil and other resources of world nature.

In 1979, a convention on transboundary air pollution over long distances was adopted, supplemented later by a number of air protection devoted to the emission of various harmful substances of international protocols:

1) the protocol on the reduction of sulfur emissions or their transboundary streams of at least 30 percent, 1985;
2) the protocol on the restriction of emissions of nitrogen oxides or their transboundary streams, 1988;
3) protocol on limiting emissions of volatile organic compounds or their transport streams, 1991 and some others.

Prior to this, in 1963, the issues of international legal protection of the Earth's atmosphere was launched by the leading world powers on the prohibition of nuclear weapons testing in the atmosphere, outer space and under water, provided, in particular caused by the need to protect the air certain limitations of the test mode nuclear weapons.

The importance of international legal protection of the ozone layer is due to the fact that it is this natural resource that protects the Earth from the devastating effects of ultraviolet radiation. However, at present the ozone layer is already partially destroyed. This circumstance is primarily caused by negative parties from industrial and other similar activities of contemporary humanity.

It is in order to protect the ozone layer in 1985 and the Vienna Convention on the Protection of the Ozone Layer was adopted. In this defining sectoral international legal document, political and legal standards of international control over the state of the ozone layer, as well as cooperation of international legal entities in order to protect it, are prescribed.

Also in 1987, the Montreal Protocol was adopted by substances destroying the ozone layer (hereinafter - the Montreal Protocol). This protocol appeared due to the timely conscious subjects of modern international relations the need for substantial additions to the provisions of the 1985 Convention, in the concrete carrier of these additions, the Montreal Protocol has identified specific restrictions on the production of substances that adversely affect the state of this resource of the world nature.

The United Nations Framework Convention on Climate Change in 1992 was devoted directly to the problem of ensuring international climate protection. This convention has identified the general provisions and main areas of cooperation of modern states in protecting this, in many ways, the key, civilian category. This international document also established the principles and rules for the political and legal responsibility of states for the accomplishment of actions that may lead to the onset of the effects of consequences adversely for the climate.

It is necessary to emphasize that industrial and other similar activities of humanity are able to significantly affect the global climate, and any sharp climate change, in turn, can lead to such negative consequences as:

1) the appearance on the map of the land of new (including extensive) deserts or practically devoid of water and vegetation of spaces;
2) a significant rise in the sea level, and this can lead to the flooding of many spaces of spaces for many people.

Therefore, climate protection and attracts constant attention of the main international legal entities. In 1997, the Japanese city of Kyoto adopted a protocol to the 1992 Framework Convention, who ordered the so-called the developed countries, as well as states (countries) with economies in transition, reduce greenhouse gas emissions into the atmosphere (first of all, carbon dioxide), which is the greatest threat to the climate of the planet.

The norms and standards of the Kyoto Protocol are mandatory for States parties to this international agreement. At the same time, the importance and determining nature of this international political and legal agreement in the industry of international environmental law clearly visible at least from the fact of participation in this Agreement (for 2013) more than 190 states.

Speaking of the protection of various (primarily, rare and endangered species) of animal world representatives, it is necessary to especially note the provisions:

1) "The World Charter of Nature" 1982;
2) Convention on International Trade in Wild Fauna and Flora Trees Threaten to Destruction 1973;
3) the Convention on the Protection of World Cultural and Natural Heritage 1972;
4) Convention on the Protection of Migratory Wild Animal Species 1979

So, according to the fundamental sectoral position of the "World Charter of Nature" in 1982, all living resources of the Earth should not be used by the subjects of international relations (as well as any physical and legal entities) "With the ability to restore their ability" (Art. 10).

The Convention on International Trade in Wild Fauna and Flora and Flora's Threats of Destruction of 1973, in turn, establishes the political and legal framework for monitoring trade in animal representatives on the verge of species.

The purpose of this Convention is to ensure guarantees of existence wild species animals and plants acting in the role of international trade facilities. The achievement of this goal should be carried out through the implementation of international requirements for licensing and certification of trade with certain types of animals and plants.

At the same time, this convention provides certain sanctions in the form of a system of fines, as well as the possibility of confiscating the prohibited product from unscrupulous vendors.

The 1972 World Cultural and Natural Heritage Convention is devoted to ensuring international cooperation in addressing the task of protecting the habitats of the disappearing species of animals and plants, as well as having a special importance of natural complexes and environmental systems.

Thus, the objects of the legal protection of the 1972 Convention are both Flora and fauna and environmental systems of world nature.

Legal standards of modern international environmental rights especially allocate migratory species of wild animals as the most susceptible negative impact From various factors (including human actions).

For animals - objects for the protection of the Convention on the Protection of Migratory Wild Animal Species of 1979 are, in particular:

1) seals;
2) Citizen Baltic and North Seas;
3) bats living in the European continent;
4) Afro-Eurasian and Asian-Australian waterfowl;
5) White cranes-brook.

International Legal Flora Protection Standards Especially Eliminate Protection tropical forests As one of the most affected threats to the destruction of the categories of the Earth's plant world. The decision of this problem (as well as the regulation of relations between the manufacturers and consumer countries of tropical wood) is devoted to the International Agreement on Tropical Wood 1983.

Also, the provisions of the International Convention on the Protection of Plant Protection of the International Plant Protection of the Flora are essential, providing specific joint actions of states to combat the spread of diseases and hazardous pests among various plants.

The international legal protection of world soils is devoted to the United Nations Convention on Combating Desertification in countries that are experiencing serious drought and / or desertification, especially in Africa 1994.

The emergence of this convention was caused by a significant exacerbation of the problem of land degradation (soil) in arid and semi-drying areas of the Earth (first of all, on the territory of a number of countries in Africa).

The supreme body of the Convention was the full comprehensive authority to make the necessary political and legal decisions in the field of the Convention of the Convention of the Conference of the Parties (Eng. THE CONFERENCE OF THE PARTIES; Abbreviated COP), and the Key Subsidiary Body of the Conference - the Committee on Science and Technology, whose task (in accordance with the provisions of Art. 24 of the Convention) is the submission of professional information and specialized consultations on all scientific and technical issues related to the fight against desertification and mitigation of consequences drought.

In general, the problem of international soil protection is closely related to climate protection issues, flora and global water resources.

Speaking about the International Protection of Antarctic Nature, it is necessary to indicate the agreement on Antarctic 1959

According to the provisions of this contract, Antarctica is proclaraged by the demilitarized territory, on which the construction of any military bases and objects is fully prohibited, as well as conducting military exercises and tests, which is essential, including from the standpoint of international environmental law.

In addition, this Agreement proclaims the Antarctic by the nuclear-free territory, which means a complete ban on the burial, storage and testing of radioactive materials and nuclear waste in its territory, which is particularly important in protecting nature in this territory of the globe.

At the same time, environmental protection of the UN is a special place in the development of this international legal industry. So, often, the most fundamental proposals and the most defining international political and legal standards in the field of the protection of world nature are contained in UN General Assembly resolutions.

In addition, the Economic and Social Council of the United Nations (ECOSOC) is actively involved in environmental and environmental protection.

An essential role in the protection of the global environment also belongs to other special institutions and organizations of the UN system:

1) United Nations Industrial Development Organization (UNIDO);
2) the World Health Organization (WHO);
3) UNESCO;
4) International Agency for atomic energy (IAEA);
5) the Food and Agricultural Organization of the UN (FAO).

There is also a special UN Second Environment Program (UNEP), which actually represents a sectoral international organization, although it is not legally a certain subsidiary body established in accordance with the UN General Assembly resolution of December 15, 1972 No. 2997.

This "organization" (UNEP) belongs to the primary role in promoting the development of international environmental law, especially in the development of international standards and the preparation of conventions in the field of environmental and environmental protection.

Other international intergovernmental organizations are also a major role in the international environmental protection of the environment, primarily OSCE.

This organization (organization of security and cooperation in Europe) is the most concerned, with the exception of the UN, the international intergovernmental organization of modernity. The protection of world nature (within the OSCE) is, first of all, ensuring environmental safety at the European Continent (OSCE - regional organization).

Among international non-governmental organizationsengaged in environmental protection (including preparation (study) of various legal initiatives), the most notable role is owned by such an organization as Greenpeace. (in the lane. from the English. "Green World").

It is different international organizations that are usually a real "locomotive" of the development of such an important branch of modern international law, as an international environmental law.

The main problems of international environmental law on this moment Stay:

1) insufficient advantage of the atmosphere from emissions of various harmful substances;
2) the insufficient activity of the Government of the "Third World" states in the environmental protection;
3) Insufficient development measures to prevent various man-made catastrophes and overcoming the effects of emergency data (PE).

In addition, it is impossible not to recognize the existence of objective contradictions between the socio-economic necessity for many states and their governments to intensify the development of industrial production in those of its industries that can negatively affect the nature of these states (and, therefore, world nature In general), as well as between a constant increase in global consumption and simultaneous reduction in world natural resources.

These contradictions are simply required to be subject to permanent work for all responsible subjects of international environmental law, which, however, does not guarantee one hundred percent resolution of their existing political and legal methods and tools.

The concept of international environmental law

International environmental law is a set of principles and norms of international law governing the attitude of its entities in the field of environmental protection and the rational use of its resources. In the domestic literature, the name "International Environmental Law" is more common. The term "environmental law" seems preferred only by virtue of its international use. Studies in this area are known to S. V. Vinogradov, O. S. Sabasov, A. S. Timoshenko, V. A. Chicharin.

Nowadays, environmental protection is put forward to the fore. The consequences of insufficient attention to the problem may be catastrophic. It is not only about the well-being of humanity, but about his survival. It is especially disturbing that the degradation of the natural environment may be irreversible.

Water pollution causes damage to human health and fish reserves. Degradation of farmland led to drought and soil erosion in many areas. Hence malnutrition, hunger, illness. Air pollution causes increasingly tangible damage to people's health. The mass destruction of forests adversely affects the climate and reduces biodiversity, gene pool. A serious threat to health is the depletion of the ozone layer protecting against harmful radiation of the Sun. To disastrous changes in the climate of land leads "greenhouse effect", i.e. global warming as a result of growing emissions carbon dioxide in atmosphere. The irrational use of mineral and living resources leads to their exhaustion, which again puts the problem of the survival of mankind. Finally, accidents in enterprises related to radioactive and poisonous substances, not to mention the tests of nuclear weapons, cause huge damage to people's health and nature. It is enough to recall the accident at the Chernobyl NPP and at the American Chemical Plant in India. Higher damage to the environment brings armed conflicts, as evidenced by the experience of Wars in Vietnam, Kampuchea, in the Persian Gulf, in Yugoslavia, and others.

The situation of states regarding environmental protection is different. States formed as a result of the liquidation of the USSR got a serious heritage as a result of a long neglect of the interests of nature protection. Extensive areas turned out to be poisoned and unable to ensure normal living conditions. Meanwhile, the resources for correction of the situation are limited limited.

In developing countries, environmental problems can question the success of the development process, and there are no means for changing the situation. In the most developed countries, an existing consumption system leads to such exhaustion of resources not only of its own, but also other countries, which creates a threat to future development around the world. This indicates that environmental protection concerns all aspects of the development of society and is vital for all countries, regardless of their level of development. Therefore, such protection should be an element of politics of any state. Since national part of the environment form a unified global system, it should be at all of the main goals of international cooperation and a constituent element of the concept. international security. In resolution 1981, the UN General Assembly indicated the importance of peace for the protection of nature and noted the inverse relationship - the preservation of nature makes contribution to the consolidation of the world, providing the right use of natural resources.

All previously said stimulates the dynamic development of international environmental law. The feature of this development, consisting of a large role of the public and the media deserves attention. Many acts and decisions are made by governments under their impact. Mass movements in defense of nature, various parties of "green" are becoming increasingly influential.

The position of governments is explained by differences in the interests. Environmental protection is very expensive. It adversely affects the competitiveness of goods. Events on their territory do not interfere with cross-border pollution. Plants on the Kola Peninsula are damaged to the Environment of Norway. In 1996, Russia concluded an agreement on financing Norway to establish filters at the Metallurgical Combine on the Kola Peninsula. In general, the problem is solved only on a global scale, and this requires colossal funds.

International environmental law began to develop as usual right, first of all, it concerns its principles. That is how the basic principle of international environmental law has been established - the principle of non-sanation harm to the nature of another state by actions performed in its own territory. The most general principle has developed - the principle of environmental protection. There is a formation of the principle of responsibility for harming the nature of another state. I will especially note the cardinal principle that was formulated in the Declaration of the UN Conference on the Environment of 1972, as follows: "A person has the main right to freedom, equality and due lifestyles, for the environment of such a quality that makes it possible to live decent and safely" .

International environmental law is closely connected not only with human rights, but also with other industries of international law. As we have seen, environmental protection is the principle of also marine and space law. Considerable attention to the protection of workers from a polluted medium pays to the International Organization of Labor; For example, in 1977, it adopted an Convention on the protection of workers from production hazards associated with air pollution, noise and vibration.

IN general process The formation of ordinary norms of international environmental law is an important role belongs to resolutions of international organizations and conferences that make a way to positive right. As an example, I will indicate such acts of the UN General Assembly, as a resolution 1980 "On the historical responsibility of states for the conservation of the Earth's nature for present and future generations" and the World Charter of the 1982

An important source of international environmental law is contracts. Per last years A whole range of universal conventions in this area is adopted, which give submission and the subject of this industry of international law. First of all, this is the Convention on the Prohibition of Military or any other hostile impact on the natural environment of 1977, as well as the Convention on the Protection of the Ozone Layer 1985, the Convention on the Protection of Migrating Wild Animal Species of 1979, the Convention on International Trade in Wild Fauna and Flora under threat of disappearance, 1973, UNESCO Convention on the Protection of World Cultural and Natural Heritage 1972

Among these conventions, there is no main, fundamental, which would contain the provisions reflected in the UN resolutions mentioned. There is not even a convention dedicated to such actual problemlike air protection. Regional organizations have more advanced in this direction.

The leading role in the development of international environmental law belongs to international organizations. The UN is a special place. Previously, the principal resolutions of the General Assembly were noted. Constantly engaged in ecology issues. Economic and social advice, an important role belongs to other organizations of the UN system, as well as its regional commissions. In their field, developing the Rules for the Environmental Protection Organization of the United Nations Industrial Development (UNIDO), UNESCO, International Atomic Energy Agency (IAEA), World Health Organization (WHO), Food and Agricultural Organization (FAO). There is a special UN Program on Environment (UNEP), which practicals is an international organization, although it is legally a subsidiary body established by General Assembly resolution. UNEP belongs to the primary role in promoting the development of international environmental law. It is based on the basis of this right, the preparation of conventions is initiated.

Regional organizations play a considerable role. Environmental protection is one of the main tasks of OVE. It also adopted a number of conventional acts and a number of solutions in this area.

A significant role in protecting the environment is intended to play cooperation within the CIS. This task is set by the CIS charter and is confirmed by many other acts. The agreement between Belarus, Kazakhstan, Kyrgyzstan and Russia of 1996 obliges to build "cooperation in the field of environmental protection, including the development and adoption of unified environmental safety standards." Parties "are taking joint measures to prevent and eliminate the consequences of accidents, natural disasters, nuclear and environmental disasters" (Article 9). These provisions give an idea of \u200b\u200bhow the principle of environmental protection is understood in the relationship between the CIS countries.

The implementation of the principle in 1992 by the CIS countries concluded an agreement on cooperation in the field of environmental and environmental protection. Based on the agreement, an interstate environmental council was established, and with it, an interstate environmental fund. The task of the Council is to coordinate the cooperation of states in the field of nature conservation, to prepare relevant regulations. The fund is intended to finance interstate programs, assistance in eliminating emergency environmental situations, as well as project and research work in the field of environmental protection.

Protection of various types of environment

The marine environment is one of the first to be the object of protection. The relevant provisions are contained in general maritime conventions. Particular attention is paid to the fight against oil pollution. The first environmental universal convention is devoted to this problem - the London Convention for the Prevention of Sea Pollution Oil 1954. It forbade the plums of oil and oil-producing mixture from ships: after a number of accidents with tankers, new conventions are accepted. The Brussels Convention on the Open Sea Intervention in cases of accidents leading to oil pollution, 1969, provided the coastal states of very broad powers, up to the right to destroy the vessel and cargo in the event of a threat of serious pollution of the coast and coastal waters. The Convention paved the way to combat pollution and other substances in similar cases (Protocol 1973).

Naturally, the question of compensation for damage caused by oil pollution. In 1969, the Brussels Convention on Civil Liability for Damage from Pollution Oil was devoted to him. It established absolute, that is, independent of the guilt, the responsibility of shipowners, at the same time limited its size, however, quite a rather high ceiling. Fighting with the effects of oil pollution requires joint actions of states. Organizations of such actions are devoted to the Convention to ensure preparedness in case of oil pollution, combating it and cooperation of 1990.

The prohibition of all operational discharges from the courts is contained in the Convention for the Prevention of Pollution from Courts of 1973. The Convention on the Prevention of Sea pollution by the discharges of waste and other materials of 1972 is devoted to the Sea of \u200b\u200bEnvironmentally Humane Substances.

Concluded agreements and at the regional level. Thus, the Convention on the Protection of the Black Sea from 1992 contamination concerns questions about land sources of pollution, burial, cooperation in the fight against oil pollution and other harmful substances in extreme conditions.

The Baltic Sea also occupies a special position. It was assigned to the category of "Special Areas" of the Convention for the Prevention of Pollution of the Sea from the courts of 1973. Increased requirements for preventing pollution. In 1974, the Baltic countries concluded the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea. Its peculiarity is to ban pollution from sushi. On the basis of the Convention, the Commission for the Protection of the Baltic Sea Environment was established. However, it was clear that the provisions of the Convention were insufficient, IV 1992 was adopted a new Convention for the Protection of the Baltic Sea Environment, which established more stringent requirements. Especially note that its action applies to a certain part inland water, the limits of such distribution are determined by each state.

Water rivers and lakes have so significant differences that the development of the general convention was impossible. Even prepared by the Council of Europe in 1974, the Regional Convention did not assemble the required number ratifications. Selected provisions on the prevention of pollution of rivers are contained in agreements on other issues. The Mentioned Convention on the Baltic Sea affects the rivers flowing into it. But in most cases, protection issues are solved by coastal state agreements, the truth is still unsatisfactory. As a positive example, it is possible to refer to the norms and organizational forms of water protection of the Rhine. In 1963, the Berne Convention on the Protection of the Rhine from Pollutants was signed. For its implementation, the Commission was established, which prepared in 1976. The Convention on the Protection of the Rhine from pollution with chemicals and another - about protection against chlorides.

In connection with the increase in the consumption of fresh water and the limitations of its resources, the question of the protection of freshwater pools is becoming exceptional importance. As a result, new aspects of international environmental law appear. The response to the requirements of life, the UN International Right Commission prepared and transferred the draft articles on the right of non-good use of international watercourses to the General Assembly.

Under the watercoulation is understood as the system not only superficial, but also underground waters forming a single whole and usually current to one exit. International are watercourses whose parts are located in different states. The regime of such watercourses is determined by the agreement of the states, with the territory of which they are connected. Each such state has the right to participate in the Agreement.

States are obliged to use watercourses in such a way as to provide them with the necessary security. They are obliged to participate in the protection of watercourses on a fair basis, to cooperate to achieve this goal.

The air environment, as already noted, is the common property of humanity. Despite this, its protection is not reflected in international environmental law. The question is solved on bilateral and regional levels. Perhaps the only significant step in this area is the convention on transboundary air pollution at a large distance of 1979, subsequently complemented by a number of protocols. Special attention is paid to reducing sulfur emissions into the atmosphere generating acid rains, which are transferred over long distances and harm everything to the live.

An important direction in the protection of nature is to cooperate in counteracting the growing greenhouse effect, that is, global warming as a result of saturation of the atmosphere of carbon dioxide, the main source of which is motor vehicles. The consequences of this effect may be disastrous in the coming decades. On the one hand, new extensive deserts will appear, and on the other, the rise of the sea level will lead to the flooding of large space mastered by man. In 1992, the UN Framework Convention was adopted about climate change. It determined the general provisions and main directions of cooperation. The overall responsibility of states has been established, but the differences in economic potential should be taken into account. Particular attention should be paid to the interests of developing countries that are most vulnerable to negative climate change, and on the other hand, have the lowest possibilities to counter this.

The ozone layer protects the Earth from indebid influence ultraviolet radiation of the sun. Under the influence of human activity, it was significantly exhausted, "ozone holes" appeared over some districts. In 1985, a convention on the protection of the ozone layer was adopted. It is about controlling his condition and cooperation in order to protect it. In 1987, the Montreal Protocol appeared on substances leading to the depletion of the ozone layer. Installed restrictions on the production of substances adversely affecting this layer.

Radioactivity As a result of the peaceful and military use of nuclear energy has become a serious danger to life on Earth. An important step in its decrease was the Moscow Treaty on the prohibition of nuclear weapons testing in the atmosphere, in outer space and under water 1963, the IAEA establishes safety standards when using nuclear energy in the national economy, including the safety of workers, with it related. The Convention on the Physical Protection of Nuclear Materials of 1980 was prepared. The Convention contains provisions to allow any state to attract K. vocabulary responsibility of foreigners for the relevant crimes, regardless of its place of commission.

In Europe, there is a European atomic energy agency. The main standards in the area under consideration are established by the Agreement on the establishment of the European Community for Atomic Energy (Euroat).

Protection of fauna and flora

The UNCOLMA UNION CONFERENCE on the problems of the environment of 1972 approved the principle according to which the natural resources of the Earth, including air, water, surface, flora and fauna, should be protected in the interests of current and future generations by careful planning and management, where necessary.

The general strategy was developed by a non-governmental organization - the International Union of Preservation, Nature and Natural Resources - and published in 1982 in the form of a program of action "World Circulating Strategy". In the process of preparing the document, numerous consultations were conducted with governments and international organizations. The goal of the strategy is to promote sustainable development as a result of the preservation of living resources by providing the governments of effective methods for regulating these resources. The strategy is aimed at supporting important environmental processes and self-preservation of systems, such as the restoration and protection of the soil, the processing of nutrients, water purification, saving biological diversity. Many vital processes depends on all this. The task of ensuring the supporting use of certain types of animals and vegetation, as well as ecosystems.

Achieving these goals should be as soon as possible. Earth opportunities to ensure their population are reduced all the time. Many millions of tons of soil are lost annually as a result of the destruction of forests and improper use. Per year at least 3 thousand square meters. CM of agricultural lands come out of turnover only in industrialized countries as a result of the construction of buildings and roads.

As one of the important means to implement its goals, the strategy indicates the fundamental improvement of legislation on natural resources. It is necessary to create more efficient and widespread national environmental law, along with the activation of the development of international environmental law. Survival of the entire variety of nature, including a person, can only be provided with the condition that state policy will be constructed with the understanding of the fact that all elements of nature are interrelated, interdependent that the environment is a single global system.

The same Union has prepared the World Charter of Nature, which was approved and solemnly proclaimed by the General Assembly in 1982. According to the Charter, living resources should not be used with the ability to restore their ability; Soil productivity should be maintained and increasing; Resources, including water, should be recycled and used again; Unconductable resources should be used with maximum limit.

Among the conventions dedicated to flora and fauna, first of all, the Convention on the Protection of the World Cultural and Natural Heritage of 1972, designed to ensure cooperation in the protection of the special importance of natural complexes, habitats of the disappearing species of animals and plants. The protection of the plant world is devoted to an agreement on tropical forests In 1983, the Convention on International Trade in Wild Fauna and Flora's Threats, 1973, has a common importance, which determined the basics of control over such trade.

The bulk of conventions aims to protect various representatives of the animal world - whales, seals, polar bears. Especially noted by the Convention on the Biological Diversity of 1992, the name of which gives an idea of \u200b\u200bits content. The convention on the protection of migratory species of wild animals is also important.

All previously said gives an idea of \u200b\u200bthe colossal significance of environmental protection and urgency of decisive measures based on broad cooperation of states. This determines the role of international environmental law, which is still lagging behind the needs of life.

Environmental protection refers to global problems Survival of human civilization. Therefore, the environment of the natural environment acts as an important object of international legal regulation.

Under environmental lawunderstand the combination of principles and norms regulating the activities of States to prevent and eliminate damage to various types and from various sources applied by national environmental systems of individual states and environmental systems outside the national jurisdiction.

Basic objectsinternational legal protection of the environment are sushi, bowel, the world ocean, celestial bodies, airspace, outer space, flora and fauna of land, as well as the struggle with the main sources of pollution of the environment.

The main sources of environmental pollution are industrial and chemical waste, nuclear weapons and composite materials, oil and gas, vehicles, human activity (legitimate and unlawful).

There are the following groups of objectsinternational Environmental Protection: I. All Planetary Wednesday (Ecosystem) of the Earth:

World Ocean and its natural resources;

Atmospheric air;

Near-earth outer space;

Individual representatives of the animal and vegetation 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 domestic law. Along with this, the number of international treaties concerning their protection is increasing with this.

III. International natural resources outside the action of national jurisdiction or which in the course of their development (natural cycle) are on the territory of other states.

The legal regime of the protection and use of these resources is determined by the norms of international law.

Resources are divided into two groups:

1. Universalwhich are in general use of all states (for example, the open sea, outer space, Antarctic, the seabed outside the national jurisdiction);

2. Multinational(shared), which belong to two or more countries or are used by them (for example, water resources of multinational rivers, migratory animal populations, borderline natural complexes).

Sources of international environmental law are divided into two groups:

- international treatiesand

- international customs.Types of international treaties:

but) universal:

Convention for the Prevention of Sea pollution by waste discharges and other materials in 1972;

Convention on the prevention of pollution from the courts of 1973;

The Convention on International Trade in Wild Flora and Fauna, which is endangered, 1973;

Convention on the Prohibition of Military and any other hostile use of means of impact on the natural environment of 1977;

Convention on Transboundary Air Pollution for Far Discount 1979;

UN Convention on the Maritime Law 1982; 6) Regional:

- Convention on the Protection of Fauna and Flora in Europe 1979;

Convention on Protection Mediterranean Sea From contamination of 1976.

Other.

Basic principles of international environmental law:

- international natural and security cooperation of states and other subjects of international law;

Non-farming harm to the environment;

Evaluation of cross-border environmental consequences of the planned activity;

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

International responsibility for environmental damage;

Freedom of research and use of the environment and its components;

Rational use of the environment;

Other.

In the conditions of the continuing scientific and technical revolution, an increase in the real threat of emergency accidents increases the importance of international cooperation in this area. A large role in such cooperation plays the conclusion of international treaties of a specialized nature. For example, international environmental safety conventions include:

a) the Convention on the Prohibition of Military or any other hostile impact on the natural environment of 1977, which obliges:

Do not resort to war or any other enemy
Neminal use of environmental impacts
natural medium by deliberate
change the dynamics of the state, the structure of the earth, including
her biota, lithosphere, hydrosphere, atmosphere or
space; I.

Do not help, not encourage and not encourage the subjects of international law to carry out military or other hostile use of impact on the environmental environment;

Use the means of impact on the environmental environment for peaceful purposes;

Take any legal measures to prohibit and prevent any activity contrary to the implementation of environmental safety measures;

b) Convention on Transboundary Air Pollution of 1979, which obliges:

Protect a person and the surrounding natural, environment from air pollution, limit, reduce and prevent air pollution from sources located in the state territory;

With the use of information, consulting and monitoring (continuous monitoring), develop a strategy to combat air pollutants;

Develop best Systems Air quality regulation, 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 UN, the Environmental Protection Program (UNEP) has been developed, which has headquarters in Nairobi (Kenya). This program is a special international mechanism for coordinating cooperation of states in the field of environmental protection. The structure of UNEP includes the Board of Governors, the Secretariat and the Environment Fund.

The UNEP Director and the Governing Council, consisting of representatives of 58 countries, are headed by UNEP. The main functions of the Council are:

Promoting international cooperation in the field of the environment and providing as necessary recommendations regarding policies to this end;

Implementation of general guidelines and coordination of environmental programs performed by UN organizations;

Preparation of environmental reviews and definition of international cooperation;

Implementation of continuous monitoring (monitoring) for the influence of national and international environmental policies and environmental protection measures for developing countries;

Preparation of the review of the activities provided for by the Fund of the Environment, etc.

UNEP operates in a session order. The session is collected annually, the Executive Director and the Secretariat participate in its preparation.

The Executive Director heads the Office, which includes: Department of Evaluation of the Environmental Environment; Department of Control in the Protection of the Environmental Environment; Department but problems

tiling; the sector of the environmental education; | Sector reports on the state of the environment! medium.

Under the leadership of the Secretariat, the Program Bureau; Department of External Relations and Policy Planning; Bureau of Communications in New York and Geneva; Information service, regional representation.

In matters of the activities of the Foundation surrounding at-1 native environment important role Playing a bureau on issues! Foundation for the Environmental Environment and Administration. It includes the administrative department and the assistant executive director.

To the most important areas of environmental protection | UNEP activities include:

Protection of individual natural objects (the protection of the j of the marine environment, the protection of soils and freshwater);

Fighting various types of harmful effects I (fighting desertification, pollution);

Rational use of natural resources;

Creating a global environmental monitoring service (monitoring);

Study of environmental features of development J settlements;

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

With the support and active participation of UNEP, the Convention on the Protection of the Mediterranean against Pollution of 1976, the Kuwaiti Regional Convention for the Protection of Maritime Earth, the Bonn Convention on the Conservation of Migrant Wild Animals, 1979, and many others were developed and adopted.

Extremely relevant and effective are international forums organized under the auspices of the UN and devoted to the problems of environmental protection. One of these representative international forums was a conference on

the wound of the environment and development, which was held in 1992 in Rio de Janeiro. The most important result of the conference was the adoption of the Declaration.

Principles enshrined in "Rio Declaration":

Compliance with 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 of states in the field of environmental protection were reinstated:

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

(b) the adoption by States of effective laws in the field of environmental protection with the establishment of the responsibility of subjects for pollution of the environment;

(d) mutual information on events that may have negative transboundary consequences for the environment;

(e) Global partnership of states in order to preserve the Earth's ecosystem;

(e) assessment of the alleged environmental consequences in prospective activities;

(g) respect for international law and ensuring environmental protection in the period of armed conflict.

In addition to universal international organizations, many regional organizations of general and special competence are engaged in environmental issues of environmental protection.

So, the Maastricht Treaty on European Union (EU) enshrines the environmental goals of this organization! Nizization - to promote internationally measures (| related to regional and global environmental issues. Annexes to the MA Astricht Agreement are three declarations on ECO logical subjects: Directives on harmful emissions on the impact of EU activities on environmental protection! Environment; on the protection of animals.

In the framework of the EU in May 1990, the European Environment Agency and the European Network of Information and Observation of the Environment were established. The main task of this agency is the provision of EU and Member States of objective information in order to develop and implement effective and effective environmental policies. The agency is quarterly reports on the quality, intensity and nature of the environmental impact, develops uniform evaluation criteria, data on the state of the medium. Priority objects of observation in the agency's activities are: air, its quality and emissions into the atmosphere; water, its quality and agents polluting water resources; soil, its condition, flora, fauna, biotoks and their condition; land use and natural resources; disposal and reuse of waste, waste-free technologies; noise pollution; Chemicals that cause harm to the environment, etc.

Other regional organizations (OSCE, CEC, CIS) are paying more and more attention to environmental safety issues. Thus, within the OSCE in Sofia in 1989, a meeting was held on environmental protection. In the recommendations of the meeting, which were later adopted by the Paris Summit (1990), emphasized the importance of cooperation of states in the scientific and technical, administrative, legal and educational aspects of environmental protection.

Regional restrictions of special competence include a commission for the countries of the southern part Pacific Oceanwhich was created in 1947. Its main task is to promote the improvement of economic, social and cultural conditions, as well as environmental protection through mutual consultations of the governments of the states of the region.

An example of the international subregional cooperation of the states in the field of environmental activity can be the program for the protection of the Black Sea, developed within the framework of the Organization of Black Sea Economic Cooperation established in June 1992.

International non-governmental organizations (World Wild Wildlife Protection Fund, Greenpeace, International Environment and Development Institute, International Environmental Court, International Environmental Court, and other Environmental Court are played in protecting the environment. Their activity is intensified and acquires more efficient in the international arena, providing public support and; Control of the international community in environmental safety issues. International practice in recent years has been given examples of the positive interaction of states and international intergovernmental organizations with these public structures in the environmental sphere.

Literature:

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

2. International law. In 7 tons. T. 5. - M., 1992.

3. Speranskaya L.V., Tretyakova K.V. International Environmental Law. - M., 1995.

4. Tymoshenko A.S. The formation and development of international environmental law. - M., 1986.

5. Chicharin V.A. Environmental protection and international relations. - M., 1970.

This is a combination of international legal norms and principles governing the relations of the subjects of international law in the field of environmental protection, rational environmental management, ensuring environmental safety and the protection of human rights on a favorable habitat.

International environmental law has two aspects. First, it is an integral part of international public law, which is based on recognized international Principles and specific methods regulates all forms of international cooperation of states. Secondly, it is a continuation of national (domestic) environmental law.

In the second half of the 20th century, the international environmental right was allocated as an independent and comprehensive feature with all the features, which indicates the recognition of humanity of the global nature of environmental processes and the vulnerability of planetary ecosystems.

History of international environmental law.

Depending on the prevailing trends in solving environmental problems history of International Environmental Law It can be conditionally divided into four main stages:

The first stage is 1839-1948. Takes the beginning of the bilateral convention on the catch of oysters and fisheries off the coast of Great Britain and France dated August 2, 1839. During this period, scattered efforts were made on bilateral, subregional and regional levels on the protection and preservation of individual objects of wildlife. The efforts of the conferences were not coordinated and did not use the effective support of governments. Although during this period, the states have been manifested with states a certain attention to environmental issues, expressed in concluding more than 10 regional agreements, nevertheless managed to solve only private, local problems to some extent.

The second phase of 1948-1972 It is characterized by the emergence of numerous intergovernmental and non-governmental organizations, primarily the UN and the International Nature Conservation Union, directly or indirectly related to international environmental protection. The environmental problem acquires a global nature, and the UN and a number of its specialized institutions are trying to adapt to its decision. The first universal international treaties and agreements aimed at protecting and using specific natural objects and complexes are concluded.

Third stage 1972-1992 It is associated with the first universal UN universal conference in Stockholm in 1972 on the environment and agencies on its recommendation to the United Nations Environment Program, designed to coordinate the efforts of international organizations and states in the field of international nature. During this period, international environmental cooperation is expanding and deepened, the Conventions on issues are concluded, in the global settlement of which all humanity is interested, previously adopted international treaties and agreements are updated, work on the official and unofficial codification of industry principles of international environmental law is being renewed.

Fourth stage after 1992 The current period of the history of international environmental law takes the beginning from the UN Conference on Environment and Development, which was held in Rio de Janeiro (Brazil) In June 1992, this conference sent the process of codification of international environmental law in the direction of the principles of sociogenic development. Parameters and deadlines for the provisions taken at the "Agenda on the XXI Century" conference were refined at the World Summit on Sustainable Development in the city of Johannesburg in 2002. The main focus is on ensuring environmental safety, rational environmental management, achieving sustainable development and conservation The environment in the interests of present and future generations.

Sources of international environmental law.

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

Currently there are about 500 international agreements on various aspects of environmental protection. These are multilateral universal and regional and bilateral international agreements regulating both general environmental issues and individual objects of the World Ocean, the atmosphere of the Earth, the near-earth outer space, etc.

Interstate relations in the field of environmental protection are also regulated by the documents of the "soft" right. They include the Universal Declaration of Human Rights of 1948, the Stockholm Declaration on the Environment of 1972, the World Charter of the 1982 Nature Protection, the Rio-92 Declaration, a number of documents of the World Summit and in Johannesburg 2002

The source of international legal regulation of the protection of the environment is also an international custom. A number of UN General Assembly resolutions adopted unanimously absorb the norms of international customary law. Thus, the General Assembly in 1959 adopted a resolution that announced a moratorium on the development of mineral resources international Area Sea bottom. 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, the following can be distinguished specific principles of international environmental law:

The principle of the inadmissibility of cross-border damage to the environment - States should take all measures necessary to ensure that activities within the limits of their jurisdiction and control do not damage the environment of other states or areas outside the action of national jurisdiction.

Principle of a preventive approach to environmental protection - States should make preventive measures to predict, prevent or minimize the risks of serious or irreversible harm to the environment. In a broad sense, it prohibits any activity that causes or can cause damage to the environment and threatens human health.

The principle of international lawful cooperation - international problemsAssociated with the protection and improvement of the environment should be solved in the spirit of goodwill, partnership and cooperation of all countries.

Principle of Unity Protection of Environment and Sustainable Development - The protection of the medium should be an integral part of the development process and cannot be considered in the separation from it. . This principle includes four elements:

"Reasonable" or "rational" operation of natural resources;
"Fair" distribution of natural resources - when using natural resources, the state should take into account the needs of other countries;
accounting for environmental considerations in economic plans, programs and development projects; and
preservation of natural resources for the benefit of future generations.

Principle of precautions in the field of environmental protection - States should be careful and prudential to prepare and making decisions, the implementation of which can have adverse environmental impact. This principle requires that any activities and the use of substances that may cause damage to the environment, strictly regulated either completely prohibited, even if there are no convincing or irrefutable evidence of their danger to ecology.

The principle of "pollutant pays" - The direct culprit of pollution should cover the costs associated with eliminating the consequences of this pollution or decrease them to a state corresponding to environmental standards.

Principle of general but differentiated responsibility - States are increasingly responsible in the context of international environmental protection efforts and recognize the need to take into account the role of each state in the occurrence of specific environmental problems, as well as their ability to ensure measures to prevent, reduce and eliminate environmental threats.

Protection of various types of environment.

Since the Stockholm Conference of 1972, a significant number of international documents were adopted on various environmental issues. These include: marine pollution, air pollution, ozone layer depletion, global warming and climate change, threat of disappearance of wild species of animals and plants.

The maritime environment is one of the first to be the object of regulation of international environmental law. The norms for the protection of the marine environment are contained in general conventions (Geneva Conventions of 1958,) and Special Agreements (Convention for the Prevention of Sea pollution by the discharges of waste and other materials in 1972, the Convention on Fisheries in the North-West Part of the Atlantic Ocean 1977 ., Convention on the fisheries and the protection of living space of the open sea of \u200b\u200b1982 and others).

In the Geneva Conventions and the UN Convention on the Maritime Law 1982, the regime of marine spaces is determined, general provisions for the prevention of pollution and ensuring rational use. Special agreements regulate the issues of the protection of individual components of the marine environment, the protection of the sea from specific pollutants, etc.

The International Convention on Pollution Prevention from Courts of 1973 (and the two minutes of 1978 and 1997) provide a set of measures to prevent the operational and emergency pollution of the sea from the courts of oil; liquid substances transported in bulk; harmful substances transported in the package; wastewater; garbage; Also pollution aerial from ships.

The International Convention regarding the intervention in the open sea in cases of accidents leading to oil pollution in 1969 establishes a set of measures to prevent and reduce the effects of sea pollution with oil due to marine accidents. Coastal States should consult with other states whose interests are affected by a marine accident, and an international maritime organization, carry out all possible actions to reduce the risk of pollution and reduce the amount of damage. To this Convention in 1973, a protocol on interference in cases of accidents leading to substances contamination other than oil was adopted.

In 1972, the Convention was signed to prevent the pollution of the Sea for the discharges of waste and other materials (with three applications - lists). The Convention regulates two types of deliberate disposal of waste: resetting waste from ships, airplanes, platforms, etc. artificial structures and flooding in the sea of \u200b\u200bships, airplanes, etc. The list I lists the materials, the reset of which is completely prohibited in the sea. For discharge of substances specified in the list II, special permission is required. The list of III determines the circumstances that need to be considered when issuing discharge permits.

Aerial protection.

The central place among the norms of international environmental law in the field of air protection is held 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 Transboundary Air Pollution over long distances 1979.

Participants in the Convention on the Prohibition of Military Or any other hostile use of the impact on the natural environment of 1977 pledged not to resort to military or other hostile use of means of impact on the natural environment (intentional management of natural processes - cyclones, anticyclones, fronts of clouds, etc.) who have wide, long-term or serious consequences, as methods of damage or cause damage to another state.

In accordance with the convention on transboundary air pollution over long distances 1979, states came to an agreement on the necessary measures to reduce and prevent air pollution, primarily in relation to the means of combating air pollution emissions. In particular, the exchange of information on these issues, periodic consultations, the implementation of joint programs for regulating air quality and the preparation of relevant specialists. In 1985, the Convention adopted a protocol on reducing sulfur emissions or their transboundary streams, according to which sulfur emissions should be reduced by 30 percent no later than 1993.

Protection of the ozone layer.

With the protection of atmospheric air in international environmental law, another problem is associated - the protection of the ozone layer. Ozone shell protects the Earth from the harmful effect of the ultraviolet radiation of the sun. Under the influence of human activity, it was significantly exhausted, ozone holes appeared over some districts.

The Vienna Convention on the Protection of the Ozone Layer 1985 and the Montreal Protocol in substances that destroy the ozone layer, 1987, give a list of ozone-depleting substances, determine measures to prohibit the importance and export of ozone-depleting substances and containing their products to Contracting States without relevant permission (license). The import of these substances and products from countries that are not parties to the Convention and Protocol, and the export of them to these countries is also prohibited. The 1997 Protocol limited the production of freon and other similar substances; By 1997, their production should have stopped.

Protection of outer space.

The norms of international environmental law concerning pollution and clogging of outer space are contained in the fundamental documents - the Cosmos Agreement of 1967 and the Moon Agreement 1979. States Parties in the study and use of outer space and celestial bodies are obliged to avoid pollution, take action for Preventing the violation of equilibrium formed on them. Heavenly bodies and their natural resources are announced.

Climate security.

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 in the world agenda and began to be mentioned in the UN General Assembly resolutions. It was at that time that the UN Framework Convention on Climate Change was adopted, the ultimate goal of which is "stabilization of greenhouse gas concentration in the atmosphere at a level that would not allow dangerous anthropogenic exposure on the climate system. " The Convention members have pledged to make 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 animal and plant world is regulated by a number of universal and many bilateral international agreements.

Among the Conventions of International Environmental Law on the Protection and Conservation of Flora and Fauna, the Convention on the Protection of World Cultural and Natural Heritage of 1972 should be allocated, designed to ensure cooperation in the protection of the special importance of natural complexes, the habitats of the disappearing species of animals and plants. The protection of the vegetation world is devoted to the 1983 Tropical Forest Agreement. The Convention on International Trade in Wild Fauna and Flora's Threats, 1973, which has determined the basics of controlling such trade.

The bulk of the conventions is devoted to the protection of various representatives of the animal world - whales, seals, polar bears. The Convention on the Biological Diversity of 1992 is important, the purpose of which is "the preservation of biological diversity, the sustainable use of its components and the sharing on the fair and equal basis of the benefits associated with the use of genetic resources". Of particular importance is also a convention on the protection of migratory species of wild animals of 1979.

Literature.

International law. Particular part: studies. For students jurid. Fact and universities / I.I. Lukashuk. - M.: Volters Clever, 2005.
International Law: Tutorial / T. ed. V.I. Kuznetsov, B. R. Tuzmukhamedov. - M.: Norm: Infra-M, 2010.
International public law in matters and answers: studies. Allowance / d. ed. K. A. Bekyashev. - M.: Prospect, 2015.
International Environmental Law: Tutorial / D. ed. R. M. Valeev. - M.: Statute, 2012.
Ecological law of Russia. Volume 2. Special and special parts: Textbook for academic undergraduate / B. V. Erofeev; L. B. Brittskaya. - M.: Publisher Yurait, 2018.
Guide to International Environmental LAW / A. Kiss; D. Shelton. - Leiden / Boston: Martinus Nijhoff Publishers, 2007.
Principles of International Environmental Law / P. Sands. - Cambridge: Cambridge University Press, 2018

International Investment Law.

The main principle is formulated in the Charter of the economic rights and responsibilities of states. Each state has the right to "regulate and monitor foreign investments within the action of its national jurisdiction according to its laws and regulations in accordance with its national goals and priorities. No state should be forced to provide a preferential regime by foreign investment.

A number of multilateral treaties containing investment provisions are concluded: the North American Free Trade Agreement (NAFTA), the Energy Charter and others. The World Bank and IMF in 1992 issued a collection containing exemplary general provisions of relevant laws and treaties.

In general, the mentioned contracts are aimed at liberalizing the legal regime of investment, on the one hand, and to increase their level of protection, on the other. Some of them provide foreign investors national regime and even free access. Many contain warranties from noncompensated nationalization and from prohibiting free currency export. Most treaties provide for the possibility of consideration of disputes between a foreign investor and the host state in an impartial arbitration.

Russia is a participant of more than 40 agreements, of which 14 were concluded on behalf of the USSR.

Within the framework of the CIS in 1993, a multilateral agreement on cooperation in the field of investment activity was concluded. The mode created by the agreement does not apply to the third state. The parties provided each other national regime in the entire totality of investment activities. There is a fairly high level of investment protection. Investors are entitled to compensation for damages, including the missed benefits caused by them as a result of illegal actions of state bodies or officials.

Question number 3. Concept, sources and principles

International Environmental Law -this is a combination of norms and principles governing the attitude of its subjects in the field of environmental protection and the rational use of its resources.

Objectinterstate relations is environmentas a comprehensive material benefit, the basis of material and intangible goods derivatives, conditions guaranteeing the health and prosperity of the current and future generations of people. First of all, those elements on which the existence of humanity depends, and the state of which, in turn, is due to the behavior of states are subject to international legal protection. These elements belong to the world ocean and its resources, atmospheric air, animal I. vegetable world, unique natural complexes, near-earth outer space.

The main sources of international environmental law There are an international treaty and international custom. At the stage of the formation of this industry, ordinary norms were widely applied. So, the principle prohibiting the damage to the territory of a neighboring state as a result of the use of its own territory, which is genetically connected with the maxima of the Roman law, "so use your own, so as not to cause the damage to others." Conventional norms served as the basis for the most well-known solutions of international tribunals on disputes regarding the damage caused by environmental pollution.

Modern international legal regulation of environmental protection develops mainly as a negotiable. Currently there are about 500 common, regional, bilateral international agreements directly affecting environmental protection issues.

Among the general (universal) contracts can be called the Vienna Convention on the Protection of the Ozone Layer 1985, the Convention on the Prohibition of Military Or any other hostile use of means of impact on the natural environment of 1977, the Convention on Biological Diversity of 1992.

Regional environmental protection agreements should be mentioned: Convention on the Defense of the Black Sea from contamination of 1992, the agreement on the preservation of polar bears 1973, the Convention on the Protection of the Rhine River from Pollutation by Chemicals 1976

Bilateral treaties most often regulate the sharing of international freshwater pools, marine waters, flora., Fauna. These documents determine the agreed principles of the activities and the rules of the behavior of states in relation to the environment as a whole or its specific objects (for example, cooperation agreements, signed by Russia in 1992 with Finland, Germany, Norway, Dania; Agreement between the Government of Russia and the Government of Canada on cooperation in the Arctic and in the north of 1992; agreement on border rivers between Finland and Sweden 1971, etc.).

A peculiarity of international environmental law is a prominent role of various declarations, strategies called often "soft" right. The most important among such documents are the UN Declaration on the issues of the 1992, the Declaration of Rio de Janeiro 1992, which formally not possessing the mandatory legal force, have a significant impact on the rule-making process.

In the general system of the norms of international environmental law, the resolutions of international organizations and conferences are occupied by the resolution of international organizations and conferences that make a way to positive right. As an example: Resolution of the UN General Assembly 1980 "On the historical responsibility of states for the conservation of the nature of the Earth for present and future generations" and the World Charter of the 1982

The final conclusion of the formation of international environmental law as an independent industry of international law would largely contribute to its codification. This issue has repeatedly advanced under the United Nations Environment Program (UNEP). The universal codification act by analogy with other branches of international law would allow the principles and norms that have developed in this industry, thereby consulting the legal basis for the equal and mutually beneficial cooperation of states in order to ensure environmental safety.

IN Russian Federation The interaction of international and national law in the field of environmental protection develops in the following areas. Firstly, In the Law on Environmental Protection, 1991, the principles of international cooperation between the Russian Federation in this area (Article 92) are enshrined, which comply with the principles of international environmental law. Secondly, In a number of laws there are references to the international treaties of the Russian Federation, which indicates the sharing of national and international norms. The Federal Law "On Animal World" adopted in 1995 is repeatedly referred to the norms of international law, meaning, in particular, their priority in the use and protection of the animal world, the protection and restoration of its habitat (Article 12), as well as Their special role in relation to the objects of the animal world and the exceptional economic zone (Article 3 and 4). Thirdly, At the federal level, special acts are taken on the procedure for implementing contracts. So, the Decree of the Government of the Russian Federation of December 18, 1997. "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" establishes the conditions for the activities of Russian individuals and legal entities in the area of \u200b\u200bthe contract and the procedure for issuing appropriate permits.

Principles of international environmental law:

All basic principles of international law are regulators of legal relations in the field of environmental protection. At the same time, international environmental law has its own specific principles.

1) The environment is the overall concern of humanity. The meaning of this principle is that the international community at all levels can and should and individually protect the environment. For example, in the preamble of the 1992 Biological Diversity Convention, it is said that the preservation of biological diversity is the common task of all mankind.

2) The principle of inalienable sovereignty of states over their natural resources Provides sovereign law Each state develop their own resources according to its environmental policy.

3) The environment outside the state borders is the common property of humanity. This principle is enshrined in the 1967 Space Treaty, the UN Convention on the Maritime Law 1982.

4) Freedom of research and use of the environment and its components means that all states and international intergovernmental organizations have the right to exercise legitimate peaceful without discrimination scientific activities Environmental.

5) Rational use of the environment. This principle is characterized by the following elements: rational planning and management of renewable and non-renewable land resources in the interests of current and future generations; long-term environmental planning with the provision of an environmental perspective; Maintaining natural resources used at an optimally permissible level, i.e. the level in which the maximum clean productivity is possible and the tendency to its decrease cannot be observed; Scientific substantiated management of living resources.

6) Prevent harm. In accordance with this principle, all states must identify and evaluate substances, technologies, production that affect or may affect the environment. They are obliged to systematically examine, regulate or manage them in order to prevent harm to the environment or its essential change.

7) Prohibition of military or any other hostile use of fundsthe impact on the natural environment expresses the obligation of states to take all necessary measures to effectively prohibit the application of those methods and means that may cause serious environmental damage.

8) Responsibility of states. According to this principle, the state carries political or material responsibility in case of violation of the relevant international legal obligation.

States carry and civil liability for causing harm to the environment by individuals or legal entities or persons acting under its jurisdiction or control. This is provided for by the Convention on Civil Liability for Damage to Environmentally Dangerous Substances in 1993, the Convention on International Responsibility for Damage Caused by Space Objects of 1972 and others.

Question No. 4. International legal protection of objects

environment.