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Cheat Sheet: International Environmental Law
1. Foundational Principles
1.1 Core Principles
| Principle | Description |
|---|---|
| Sovereignty over Natural Resources | States have permanent sovereignty over their natural resources; recognized in UN General Assembly Resolution 1803 (1962) |
| Duty Not to Cause Transboundary Harm | States must ensure activities within their jurisdiction do not cause environmental damage to other states; established in Trail Smelter Arbitration (1941) |
| Precautionary Principle | Lack of full scientific certainty shall not be used as reason to postpone cost-effective measures to prevent environmental degradation; Rio Declaration Principle 15 |
| Polluter Pays Principle | Those who produce pollution should bear costs of managing it; Rio Declaration Principle 16 |
| Common but Differentiated Responsibilities (CBDR) | All states responsible for environmental protection but developed countries bear greater responsibility due to historical contribution; Rio Declaration Principle 7 |
| Sustainable Development | Development that meets present needs without compromising ability of future generations to meet their own needs; Brundtland Commission (1987) |
| Intergenerational Equity | Present generation must conserve resources for future generations |
| Prior Informed Consent | States must notify and consult affected states before undertaking activities with potential transboundary environmental impact |
1.2 Key Legal Concepts
| Concept | Explanation |
|---|---|
| Environmental Impact Assessment (EIA) | Mandatory assessment of environmental consequences before undertaking projects with significant transboundary effects; required under Espoo Convention (1991) |
| Common Concern of Mankind | Environmental issues affecting global commons require collective action; applied to climate change and biodiversity |
| Common Heritage of Mankind | Certain areas (e.g., deep seabed, Antarctica) belong to all humanity and cannot be appropriated by any state |
| State Responsibility | States liable for environmental damage caused by activities within their jurisdiction; includes obligation to make reparations |
2. Landmark Cases and Instruments
2.1 Landmark Judicial Decisions
| Case/Arbitration | Key Holding |
|---|---|
| Trail Smelter Arbitration (USA v. Canada, 1941) | Established principle that no state has right to use territory in manner causing injury to territory of another state; duty to prevent transboundary harm |
| Corfu Channel Case (ICJ, 1949) | Established duty to warn of known dangers in territorial waters; extended to environmental context |
| Nuclear Tests Cases (Australia/New Zealand v. France, ICJ, 1974) | Raised issues of atmospheric pollution and state responsibility; case discontinued after France ceased atmospheric tests |
| Gabčíkovo-Nagymaros Project (Hungary/Slovakia, ICJ, 1997) | Addressed sustainable development, ecological necessity, and treaty obligations; emphasized need for continuous monitoring and adaptation |
| Pulp Mills Case (Argentina v. Uruguay, ICJ, 2010) | Affirmed obligation to conduct EIA for activities with potential transboundary impact; procedural obligations of prior notification |
| Indus Waters Kishenganga Arbitration (Pakistan v. India, 2013) | Applied environmental considerations to water resource disputes; balance between development and environmental protection |
2.2 Major Declarations and Soft Law
| Declaration | Significance |
|---|---|
| Stockholm Declaration (1972) | First major international conference on environmental issues; 26 principles including sovereign right to exploit resources and duty not to cause transboundary harm (Principle 21) |
| Rio Declaration (1992) | 27 principles on environment and development; incorporated sustainable development, precautionary principle, polluter pays, CBDR, public participation |
| Johannesburg Declaration (2002) | Reaffirmed commitment to sustainable development; focused on poverty eradication and sustainable consumption patterns |
3. Climate Change Regime
3.1 UN Framework Convention on Climate Change (UNFCCC, 1992)
- Objective: Stabilize greenhouse gas concentrations to prevent dangerous anthropogenic interference with climate system
- Key Principle: CBDR - differentiated obligations for developed (Annex I) and developing (Non-Annex I) countries
- Annex I Countries: Industrialized nations and economies in transition; had specific emission reduction commitments
- Annex II Countries: Developed countries required to provide financial and technical assistance to developing countries
- Conference of Parties (COP): Supreme decision-making body meeting annually
3.2 Kyoto Protocol (1997)
| Feature | Details |
|---|---|
| Commitment Periods | First: 2008-2012; Second (Doha Amendment): 2013-2020; binding emission reduction targets only for Annex I countries |
| Emission Targets | Annex I countries committed to reduce emissions by average 5% below 1990 levels during first commitment period |
| Flexibility Mechanisms | (1) Clean Development Mechanism (CDM): Annex I countries invest in emission reduction projects in developing countries for carbon credits; (2) Joint Implementation (JI): Annex I countries earn credits from projects in other Annex I countries; (3) International Emissions Trading: Trading of emission allowances between Annex I countries |
| Limitations | USA never ratified; Canada withdrew in 2011; no binding commitments for developing countries including major emitters like China and India |
3.3 Paris Agreement (2015)
| Element | Description |
|---|---|
| Core Goal | Limit global temperature increase to well below 2°C above pre-industrial levels; pursue efforts to limit increase to 1.5°C |
| Nationally Determined Contributions (NDCs) | Each party determines its own emission reduction targets; must submit and update NDCs every five years with progressively ambitious targets |
| Universal Application | All parties have obligations (unlike Kyoto which applied only to Annex I); maintains CBDR but with more flexible interpretation |
| Global Stocktake | Assessment of collective progress towards goals every five years; first stocktake in 2023 |
| Climate Finance | Developed countries to provide financial resources to assist developing countries; goal of mobilizing USD 100 billion per year by 2020 (extended to 2025) |
| Loss and Damage | Recognition of loss and damage associated with climate change impacts; Warsaw International Mechanism established; Loss and Damage Fund created at COP27 (2022) |
| Transparency Framework | Enhanced transparency framework for reporting and review of emissions and implementation |
| Legal Nature | Treaty is binding; obligation to submit NDCs is binding; specific NDC targets are nationally determined and not legally binding |
3.4 Recent Developments
- COP26 Glasgow (2021): Glasgow Climate Pact; phase down of unabated coal power; completion of Paris Rulebook including Article 6 (carbon markets)
- COP27 Sharm el-Sheikh (2022): Establishment of Loss and Damage Fund for vulnerable countries
- COP28 Dubai (2023): First Global Stocktake; agreement on transitioning away from fossil fuels
4. Ozone Layer Protection
4.1 Vienna Convention (1985)
- Framework convention for protection of ozone layer
- Established cooperation for research, monitoring, and information exchange
- No specific reduction commitments
4.2 Montreal Protocol (1987)
| Aspect | Details |
|---|---|
| Objective | Phase out production and consumption of ozone-depleting substances (ODS) |
| Controlled Substances | Chlorofluorocarbons (CFCs), Halons, Carbon tetrachloride, Methyl chloroform, Hydrochlorofluorocarbons (HCFCs), Methyl bromide |
| Phase-out Schedule | Differentiated timelines for developed and developing countries; developing countries given 10-year grace period |
| Trade Provisions | Trade restrictions on controlled substances with non-parties to encourage universal participation |
| Multilateral Fund | Financial mechanism to assist developing countries in meeting compliance costs |
| Amendments | London (1990), Copenhagen (1992), Montreal (1997), Beijing (1999), Kigali (2016) |
| Kigali Amendment (2016) | Added hydrofluorocarbons (HFCs) to controlled substances; HFCs are greenhouse gases but not ozone-depleting; phase-down schedule from 2019 |
| Success | Considered most successful environmental treaty; universal ratification; ozone layer recovering |
5. Biodiversity Conservation
5.1 Convention on Biological Diversity (CBD, 1992)
| Element | Description |
|---|---|
| Three Objectives | (1) Conservation of biological diversity; (2) Sustainable use of its components; (3) Fair and equitable sharing of benefits from genetic resources |
| Scope | Covers ecosystems, species, and genetic resources; applies to areas within national jurisdiction and processes/activities under state control |
| National Strategies | Parties required to develop national biodiversity strategies and action plans |
| Access and Benefit Sharing (ABS) | States have sovereign rights over genetic resources; access requires prior informed consent; fair sharing of benefits arising from utilization |
| Aichi Targets | 20 biodiversity targets for 2011-2020 adopted at COP10 (Nagoya, 2010); included target to protect 17% terrestrial and 10% marine areas |
| Kunming-Montreal Framework (2022) | Post-2020 global biodiversity framework adopted at COP15; 23 targets including 30x30 goal (protect 30% land and sea by 2030) |
5.2 Cartagena Protocol on Biosafety (2000)
- Governs transboundary movement of living modified organisms (LMOs)
- Advance Informed Agreement (AIA) procedure: exporting country must notify and obtain consent before first shipment
- Precautionary approach: lack of scientific certainty due to insufficient information shall not prevent decision to restrict import
- Labeling requirements for LMO shipments
- Nagoya-Kuala Lumpur Supplementary Protocol (2010): addresses liability and redress for damage from LMOs
5.3 Nagoya Protocol on ABS (2010)
- Implements ABS provisions of CBD
- Prior informed consent (PIC) from provider country required for access to genetic resources
- Mutually agreed terms (MAT) between users and providers
- Benefit-sharing includes monetary and non-monetary benefits
- Applies to traditional knowledge associated with genetic resources
5.4 Other Biodiversity Treaties
| Convention | Key Features |
|---|---|
| CITES (1973) | Convention on International Trade in Endangered Species; three appendices with varying levels of protection; Appendix I: trade banned; Appendix II: trade regulated; Appendix III: species protected in specific countries |
| Ramsar Convention (1971) | Conservation of wetlands; designation of Wetlands of International Importance; obligation to promote wise use of all wetlands |
| Convention on Migratory Species (CMS/Bonn Convention, 1979) | Protection of migratory species; Appendix I: endangered species requiring strict protection; Appendix II: species requiring international agreements |
| World Heritage Convention (1972) | Protection of cultural and natural heritage sites of outstanding universal value; World Heritage List designation |
6. Marine Environment Protection
6.1 UNCLOS (1982)
| Provision | Content |
|---|---|
| Part XII | Dedicated to protection and preservation of marine environment |
| Article 192 | General obligation to protect and preserve marine environment |
| Article 194 | Measures to prevent, reduce, and control marine pollution from all sources |
| Article 195 | Duty not to transfer damage or hazards or transform one type of pollution into another |
| Article 197 | Global and regional cooperation in protecting marine environment |
| Article 207-212 | Pollution from: land-based sources (207); seabed activities (208); activities in the Area (209); dumping (210); vessels (211); atmosphere (212) |
| Part XI | Deep seabed (the Area) is common heritage of mankind; International Seabed Authority governs mineral resource exploitation |
6.2 Marine Pollution Conventions
| Convention | Focus |
|---|---|
| MARPOL 73/78 | Prevention of pollution from ships; six annexes covering oil, noxious liquid substances, packaged harmful substances, sewage, garbage, air pollution |
| London Convention (1972) and Protocol (1996) | Prevention of marine pollution by dumping of wastes; London Protocol uses reverse list approach (only listed materials may be dumped) |
| International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC, 1990) | Framework for international cooperation in responding to oil pollution incidents |
| Ballast Water Management Convention (2004) | Prevention of spread of invasive aquatic species through ships' ballast water |
6.3 Regional Seas Programmes
- UNEP-coordinated regional agreements for marine protection
- Examples: Mediterranean (Barcelona Convention), Persian Gulf (Kuwait Convention), Caribbean (Cartagena Convention)
- Framework conventions with specific protocols on pollution sources
6.4 High Seas Biodiversity (BBNJ Agreement, 2023)
- Treaty on conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction
- Covers: marine genetic resources and benefit-sharing; area-based management tools including marine protected areas; environmental impact assessments; capacity building and technology transfer
- Applies precautionary and ecosystem approaches
7. Hazardous Substances and Waste
7.1 Basel Convention (1989)
| Aspect | Details |
|---|---|
| Objective | Control transboundary movement of hazardous wastes and their disposal |
| Key Obligations | Minimize generation of hazardous waste; dispose as close to source as possible; reduce transboundary movement |
| Prior Informed Consent | Exporting state must notify and obtain consent from importing and transit states |
| Ban Amendment (1995) | Prohibits export of hazardous waste from OECD to non-OECD countries; entered into force in 2019 |
| Plastic Waste Amendments (2019) | Added plastic waste to controlled substances; contaminated, mixed, or unrecyclable plastic waste subject to PIC |
7.2 Rotterdam Convention (1998)
- Prior informed consent procedure for international trade in hazardous chemicals and pesticides
- Chemicals listed in Annex III subject to PIC; currently 53 chemicals
- Exporting party must provide detailed information; importing party decides whether to consent
- Promotes information exchange on hazardous chemicals
7.3 Stockholm Convention (2001)
| Feature | Description |
|---|---|
| Target | Persistent Organic Pollutants (POPs): chemicals that persist, bioaccumulate, and are toxic |
| Original POPs | "Dirty Dozen": 12 chemicals including DDT, PCBs, dioxins, furans |
| Current Scope | 34 chemicals listed (as of recent amendments) |
| Three Annexes | Annex A: Elimination; Annex B: Restriction; Annex C: Unintentional production reduction |
| DDT | Specific exemption for malaria control where no alternatives available |
7.4 Minamata Convention (2013)
- Controls mercury and mercury compounds throughout lifecycle
- Named after Minamata disease outbreak in Japan from mercury poisoning
- Addresses: mercury supply and trade; products with added mercury; manufacturing processes using mercury; artisanal and small-scale gold mining; emissions and releases; waste; contaminated sites
- Phase-out dates for various mercury-added products
8. Nuclear Safety and Liability
8.1 Safety Conventions
| Convention | Key Provisions |
|---|---|
| Convention on Nuclear Safety (1994) | Applies to land-based civil nuclear power plants; requires safety assessments, quality assurance, emergency preparedness; peer review mechanism |
| Joint Convention on Safety of Spent Fuel and Radioactive Waste Management (1997) | Establishes safety standards for spent fuel and radioactive waste management; applies to both civilian and military programs |
| Convention on Early Notification of Nuclear Accidents (1986) | Obligation to notify potentially affected states and IAEA of nuclear accidents with transboundary effects; adopted after Chernobyl |
| Convention on Assistance in Case of Nuclear Accident (1986) | Framework for cooperation and assistance in nuclear emergencies |
8.2 Nuclear Liability
| Convention | Features |
|---|---|
| Paris Convention (1960) | Operator liability; limited liability amounts; exclusive jurisdiction; mandatory insurance |
| Vienna Convention (1963) | Similar to Paris; broader membership; absolute liability of operator |
| Joint Protocol (1988) | Links Paris and Vienna Conventions |
| Convention on Supplementary Compensation (CSC, 1997) | Supplements existing liability regimes; establishes international compensation fund |
8.3 Nuclear Material Protection
- Convention on Physical Protection of Nuclear Material (1980): protection during international transport; amended (2005) to cover domestic use, storage, and transport
- Comprehensive Nuclear-Test-Ban Treaty (CTBT, 1996): prohibits all nuclear explosions; not yet in force
9. Transboundary Resources
9.1 Watercourses
| Instrument | Key Principles |
|---|---|
| UN Watercourses Convention (1997) | Equitable and reasonable utilization; obligation not to cause significant harm; prior notification of planned measures; protection of ecosystems; applies to international watercourses |
| Helsinki Rules (1966) | Non-binding ILA rules on international rivers; basis for UN Convention |
| Berlin Rules (2004) | ILA rules on water resources law; extends principles to all waters including groundwater |
9.2 Groundwater
- Draft Articles on Law of Transboundary Aquifers (ILC, 2008): sovereignty of aquifer states; equitable and reasonable utilization; obligation not to cause significant harm; general obligation to cooperate
- UNECE Convention on Protection and Use of Transboundary Watercourses and International Lakes (1992): applies to surface and groundwater
9.3 Atmospheric Resources
- Convention on Long-Range Transboundary Air Pollution (LRTAP, 1979): addresses acidification, eutrophication, ground-level ozone, heavy metals, POPs
- Eight protocols including: Sulphur (1985, 1994); Nitrogen Oxides (1988); VOCs (1991); Heavy Metals (1998); POPs (1998)
- Applies in Europe and North America under UNECE
10. Compliance and Enforcement
10.1 Compliance Mechanisms
| Mechanism Type | Features |
|---|---|
| Montreal Protocol Non-Compliance Procedure | Implementation Committee reviews compliance; non-confrontational and facilitative approach; can recommend assistance or issue cautions |
| Kyoto Protocol Compliance Mechanism | Compliance Committee with Facilitative and Enforcement Branches; Enforcement Branch can suspend eligibility for flexibility mechanisms and require compliance plan |
| Aarhus Convention Compliance Committee | Allows communications from public; findings and recommendations to parties |
10.2 Reporting and Monitoring
- Most environmental treaties require regular national reports on implementation
- Conference of Parties reviews reports and monitors compliance
- Technical expert review for emissions data and inventories
- Verification mechanisms vary by treaty
10.3 Dispute Settlement
| Forum | Jurisdiction |
|---|---|
| International Court of Justice | Contentious jurisdiction requires consent; advisory jurisdiction on request of authorized UN organs; has decided several environmental cases |
| ITLOS | Disputes concerning interpretation or application of UNCLOS including marine environmental provisions |
| Arbitration | Many environmental treaties provide for arbitration as dispute settlement mechanism |
| Compliance Committees | Non-judicial facilitative approach; may make recommendations but cannot impose binding decisions |
10.4 State Responsibility
- ILC Articles on State Responsibility (2001) apply to environmental harm
- Breach of international obligation gives rise to responsibility
- Obligation to make full reparation (restitution, compensation, satisfaction)
- Prevention obligation: duty to prevent transboundary harm
- Reparation obligation: liability for harm caused
11. Procedural Rights and Access
11.1 Aarhus Convention (1998)
| Pillar | Content |
|---|---|
| Access to Information | Right to receive environmental information held by public authorities; time limits for responses; grounds for refusal limited |
| Public Participation | Right to participate in environmental decision-making; early and effective participation; comments must be taken into account |
| Access to Justice | Right to challenge decisions, acts, or omissions relating to environment; review by court or independent body; remedies must be adequate and effective |
11.2 Espoo Convention (1991)
- Environmental Impact Assessment in transboundary context
- Notification of potentially affected parties
- Consultation and participation rights for affected public
- Final decision must consider EIA and comments
- Post-project analysis when significant adverse effects discovered
- Kiev Protocol on Strategic Environmental Assessment (2003): extends to plans and programmes
11.3 Rio Principle 10
- Access to information, participation, and justice in environmental matters
- Individuals shall have access to information concerning environment held by public authorities
- Opportunity to participate in decision-making processes
- Effective access to judicial and administrative proceedings
- Escazú Agreement (2018): regional implementation for Latin America and Caribbean
12. Emerging Issues
12.1 Climate-Induced Migration
- No specific international legal framework for climate refugees
- 1951 Refugee Convention does not cover environmental displacement
- IOM and UNHCR working on policy responses
- Nansen Initiative (2012-2015): protection agenda for cross-border displacement in disaster contexts
- Platform on Disaster Displacement: continues Nansen Initiative work
12.2 Geoengineering
- No comprehensive international regulatory framework
- CBD decisions (2008, 2010): moratorium on deployment of climate-related geoengineering except small-scale research
- London Protocol (2013): amendment regulating marine geoengineering (not yet in force)
- Concerns: transboundary effects, governance gaps, ethical issues
12.3 Environmental Rights
- Recognition of right to clean, healthy, and sustainable environment
- UN Human Rights Council Resolution 48/13 (2021): recognized right to clean, healthy, sustainable environment
- UN General Assembly Resolution (2022): declared access to clean, healthy, sustainable environment is universal human right
- Regional recognition: American Convention (San Salvador Protocol), African Charter, Aarhus Convention
- Climate litigation: increasing use of human rights frameworks
12.4 Plastic Pollution
- UN Environment Assembly Resolution 5/14 (2022): mandate to develop international legally binding instrument on plastic pollution by 2024
- Intergovernmental Negotiating Committee established
- Focus on full lifecycle approach including production, design, consumption, waste management
- Existing partial coverage: Basel Convention amendments, MARPOL Annex V, regional agreements
12.5 Rights of Nature
- Emerging concept recognizing legal personality and rights of ecosystems
- National and sub-national implementations: Ecuador Constitution (2008); New Zealand (Te Urewera Act 2014, Whanganui River 2017); India (Ganges and Yamuna rivers declared living entities 2017)
- Debate over enforcement mechanisms and standing
13. Institutional Framework
13.1 UN Bodies
| Institution | Role |
|---|---|
| UN Environment Programme (UNEP) | Established 1972; coordinates UN environmental activities; administers several conventions; hosts secretariats; catalyzes environmental action |
| UN Environment Assembly (UNEA) | Universal membership; supreme decision-making body on environment; meets biennially; adopts resolutions |
| Commission on Sustainable Development (CSD) | Established 1992 post-Rio; monitored Agenda 21 implementation; replaced by High-Level Political Forum (2013) |
| Global Environment Facility (GEF) | Financial mechanism for environmental conventions including CBD, UNFCCC, Stockholm Convention; provides grants to developing countries |
| Green Climate Fund (GCF) | Established under UNFCCC; dedicated climate finance mechanism; supports mitigation and adaptation projects |
13.2 Specialized Agencies
- International Maritime Organization (IMO): marine pollution from ships; administers MARPOL
- International Atomic Energy Agency (IAEA): nuclear safety standards; administers safety conventions
- Food and Agriculture Organization (FAO): sustainable agriculture and forestry; fisheries management
- World Meteorological Organization (WMO): climate science; supports IPCC
13.3 Scientific Bodies
| Body | Function |
|---|---|
| Intergovernmental Panel on Climate Change (IPCC) | Assesses climate science; produces assessment reports; Special Reports on 1.5°C warming (2018), land (2019), oceans (2019); Sixth Assessment Report (2021-2023) |
| Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) | Scientific assessments on biodiversity; analogous to IPCC; Global Assessment (2019) found 1 million species threatened |
| Subsidiary Body for Scientific and Technological Advice (SBSTA) | Under UNFCCC; provides scientific and technical advice to COP |
13.4 Non-State Actors
- NGOs: observer status in most conventions; advocacy, monitoring, implementation support
- Indigenous peoples and local communities: recognized role in CBD and Paris Agreement; traditional knowledge holders
- Private sector: increasing role in implementation; voluntary commitments; carbon markets
- Civil society: public participation rights under Aarhus Convention; climate litigation
14. Regional Frameworks
14.1 European Union
- EU Environmental Action Programmes: strategic framework; currently 8th EAP (2021-2030)
- European Green Deal (2019): comprehensive strategy for climate neutrality by 2050
- Major directives: Birds Directive, Habitats Directive (Natura 2000 network), Water Framework Directive, Air Quality Directive, Waste Framework Directive
- Emissions Trading System (EU ETS): world's first and largest carbon market
14.2 Other Regional Initiatives
| Region/Organization | Key Instruments |
|---|---|
| Association of Southeast Asian Nations (ASEAN) | ASEAN Agreement on Transboundary Haze Pollution (2002); ASEAN Heritage Parks |
| African Union | African Convention on Conservation of Nature and Natural Resources (Maputo Convention, 2003); Great Green Wall initiative |
| South Asian Association for Regional Cooperation (SAARC) | SAARC Convention on Cooperation on Environment (1993); Malé Declaration on Air Pollution |
| Arctic Council | Addresses environmental protection in Arctic; legally binding agreements on search and rescue, marine oil pollution, scientific cooperation |
15. Cross-Cutting Concepts
15.1 Trade and Environment
- WTO principles: most-favored-nation, national treatment, non-discrimination
- GATT Article XX exceptions: measures necessary to protect human, animal, plant life or health (b); relating to conservation of exhaustible natural resources (g)
- Trade provisions in MEAs: Basel, CITES, Montreal Protocol contain trade restrictions
- US - Shrimp/Turtle (WTO, 1998): environmental measures must not be applied in arbitrary or discriminatory manner
- Relationship between MEA obligations and WTO: no definitive resolution; potential conflict remains
15.2 Human Rights and Environment
| Connection | Examples |
|---|---|
| Substantive Rights | Right to life, health, water, food, adequate standard of living affected by environmental degradation |
| Procedural Rights | Access to information, participation in decision-making, access to justice in environmental matters |
| Group Rights | Indigenous peoples' rights over traditional lands and resources; self-determination |
| Climate Litigation | Urgenda (Netherlands, 2019): state ordered to reduce emissions based on duty of care; Neubauer (Germany, 2021): climate law inadequate to protect fundamental rights and intergenerational equity |
15.3 Armed Conflict and Environment
- Geneva Convention IV: protection of civilian objects including environment
- Additional Protocol I (1977) Article 35(3): prohibition of means/methods of warfare intended to cause widespread, long-term, severe environmental damage
- ENMOD Convention (1977): prohibits military or hostile use of environmental modification techniques
- Rome Statute (ICC): war crime to intentionally launch attack knowing it will cause widespread, long-term, severe environmental damage excessive to military advantage
- ILC Draft Principles on Protection of Environment in Relation to Armed Conflicts (2022)
15.4 Technology Transfer
- Obligation in most MEAs: developed countries to facilitate transfer of environmentally sound technologies to developing countries
- CBD: access to and transfer of technology (Article 16)
- UNFCCC: development and transfer of technologies (Article 4.5)
- Paris Agreement: Technology Mechanism (Technology Executive Committee and Climate Technology Centre and Network)
- Barriers: intellectual property rights, costs, capacity constraints
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