Phase 1: 19th Century – 1945 (The "Resource & Property" Phase)

In this era, international law didn't care about "saving the planet." It only
cared about property rights and money. If one country’s pollution or
hunting hurt another country’s profits, they went to court.

1. Behring Fur Sea Arbitration (1893)

 The Conflict: The USA claimed they "owned" fur seals even when the
seals swam into the high seas (international waters). They tried to stop
Canadian ships from hunting them.

 The Ruling: The court ruled against the USA. They said no country
owns animals in the high seas.

 Why it matters for your exam: This showed that "Global Commons"
(like the ocean) were a "free-for-all" back then. It proved we needed
international rules to prevent animals from going extinct just for profit.

2. Trail Smelter Arbitration (1938–1941)

 The Conflict: A Canadian zinc smelter (factory) released sulfur smoke

that blew across the border and damaged crops in Washington, USA.

 The Ruling: The court famously said: "A State owes at all times a
duty to protect other States against injurious acts by
individuals from within its jurisdiction."

 Why it matters: This created the "No-Harm Principle." It is the

most important rule in environmental law. It means your freedom ends
where your neighbor's lungs begin.

2. Phase 2: 1945 – 1972 (The "UN & Awareness" Phase)

After WWII, the United Nations was formed. This phase is about the world
realizing that local pollution becomes a global problem.

1. Corfu Channel Case (1949)

 The Conflict: British ships were damaged by mines in Albanian

waters.

 The Ruling: Even though this was about mines (not pollution), the
court ruled that every State has an obligation "not to allow
 knowingly its territory to be used for acts contrary to the
rights of other States."

 Why it matters: Environmental lawyers use this case to prove that a

government is responsible for what happens inside its borders. If you
know a factory is dumping chemicals into a shared river, you are
legally responsible for stopping it.

2. The Road to Stockholm (1972)

 By the 1960s, famous books like Silent Spring warned people about
pesticides.

 Disasters like oil spills (the Torrey Canyon spill) made the public
demand laws.

 Outcome: The 1972 Stockholm Conference was organized to finally

give the environment its own "seat at the table."

3. Phase 3: 1972 – 1992 (The "Modern Framework" Phase)

This is the "Golden Age" of environmental law. We moved from just "not
hurting neighbors" to "saving the whole Earth."

 The 1972 Stockholm Declaration: This was the first time the UN
said humans have a "fundamental right to an environment of
quality." It also created UNEP (United Nations Environment
Programme).

 Shift in Thinking: In the 1980s, we discovered the Ozone Hole. This

proved that human activity could destroy the entire atmosphere, not
just a neighbor's farm.

 The 1987 Brundtland Report: This report introduced the most

important definition for your exam: Sustainable Development
(meeting the needs of the present without compromising the ability of
future generations to meet their own needs).

 The 1992 Rio Earth Summit: This was the climax. It produced the
Rio Declaration, which gave us:

1. The Precautionary Principle: Don't wait for 100% proof to

stop a disaster.
 2. Polluter Pays Principle: The person who makes the mess pays
for the cleanup

The Stockholm Declaration on the Human Environment (1972)

1. Introduction (The Context)

The Stockholm Declaration was the outcome of the United Nations

Conference on the Human Environment (1972). It is considered the
"Magna Carta" of International Environmental Law. It consists of a Preamble
and 26 Principles that shifted the world’s focus from purely economic
growth to environmental protection.

2. Key Theme: Environment as a Human Right

The Declaration was the first to link human rights to the state of the planet.

 Principle 1: Man has a fundamental right to freedom, equality, and

adequate conditions of life in an environment of a quality that permits
a life of dignity and well-being.

 Solemn Responsibility: It states that humans bear a "solemn

responsibility" to protect and improve the environment for present
and future generations.

3. The Management of Natural Resources (Principles 2–5)

These principles focus on "Safeguarding" the Earth's assets.

 Resource Protection: Natural resources like air, water, land, flora

(plants), and fauna (animals) must be safeguarded through careful
planning.

 Non-Renewable Resources: Resources that cannot be replaced (like

minerals/oil) must be used in a way that they are not exhausted or
wasted.

4. The "North-South" Divide (Development vs. Environment)

Stockholm addressed the tension between industrialized (North) and
developing (South) nations.

 Principle 8 (Economic Growth): Economic and social development

is essential for ensuring a favorable living and working environment for
man.

 Principle 9 (Poverty): It recognizes that environmental deficiencies

in developing countries are often caused by under-development and
poverty.

 Principle 12 (Financial Aid): It calls for international technical and

financial assistance to help developing nations meet environmental
standards without hurting their economies.

5. The "Golden Rule": State Sovereignty & Responsibility

This is the most legally significant part of the Declaration and is mandatory
for your exam.

 Principle 21: * Part A (The Right): States have the Sovereign

Right to exploit their own resources according to their own
environmental policies.

o Part B (The Duty): States have the Responsibility to ensure

that activities within their jurisdiction do not cause damage to
the environment of other States or areas beyond national control
(like the High Seas).

6. Institutional & Legal Cooperation (Principles 22–26)

 Liability (Principle 22): States shall cooperate to develop

international laws regarding compensation for victims of pollution.

 International Planning (Principle 24): International matters

concerning the protection of the environment should be handled in a
cooperative spirit by all countries.

 Nuclear Weapons (Principle 26): It explicitly calls for the

elimination of nuclear weapons to protect the environment from mass
destruction.

7. Conclusion (The Impact)

The Stockholm Declaration was a "Soft Law" document (not a binding treaty),
but it led to:
 1. The creation of the UNEP (United Nations Environment Programme).

2. The development of national environmental ministries in many

countries.

3. The foundation for the 1992 Rio Earth Summit and the concept of
Sustainable Development.

The Fourth Phase (1992 – Present) – The Era of Sustainable

Development

1. Introduction (The Shift to Sustainability)

The 1992 United Nations Conference on Environment and

Development (UNCED), popularly known as the "Rio Earth Summit," was
the largest gathering of world leaders. It shifted the global focus from just
"pollution control" to Sustainable Development—the idea that economic
growth and nature must go hand-in-hand.

2. The Rio Declaration on Environment and Development (1992)

This is a set of 27 Principles that define the rights and responsibilities of

nations.

 Principle 3 (Intergenerational Equity): The right to development

must be fulfilled so as to equitably meet the needs of present and
future generations.

 Principle 7 (Common but Differentiated Responsibilities -

CBDR): This is a "star" principle for exams. It means all countries are
responsible for the Earth, but rich countries must do more because
they caused more pollution historically and have more money.

 Principle 15 (Precautionary Principle): Where there are threats of

serious or irreversible damage, lack of full scientific certainty
should not be used as a reason for postponing action.

 Principle 16 (Polluter Pays Principle): The person or company

responsible for pollution should bear the cost of cleaning it up.

3. Agenda 21 (The Global Action Plan)

Agenda 21 is not a law, but a comprehensive blueprint for global action in
the 21st century.

 Scope: it covers social and economic dimensions (poverty, health),

resource management (deforestation, waste), and the role of "major
groups" (women, indigenous people, NGOs).

 Local Agenda 21: It encouraged local governments to create their

own environmental plans, proving that global change starts at the local
level.

4. The World Summit on Sustainable Development (2002) -

Johannesburg

Ten years after Rio, leaders met in South Africa to review progress.

 Focus on Implementation: The "Johannesburg Summit" was

criticized for being "all talk," so it focused on W.E.H.A.B. (Water,
Energy, Health, Agriculture, and Biodiversity).

 The Johannesburg Declaration: It reaffirmed the world's

commitment to sustainable development and emphasized the link
between poverty eradication and environmental protection.

5. Rio+20 Summit (2012) - The Future We Want

Held 20 years after the original Earth Summit, this conference took place in
Rio de Janeiro again.

 The Green Economy: The main theme was how to transition to a

"Green Economy" while still helping people out of poverty.

 Institutional Framework: It led to the strengthening of UNEP and

the creation of the High-Level Political Forum on Sustainable
Development.

 Outcome Document: Titled "The Future We Want," it paved the

way for the 2015 Sustainable Development Goals (SDGs) that we
use today.

6. Conclusion (The Modern Legacy)

This phase moved the world from "Soft Law" (recommendations) to "Hard
Law" (binding treaties). It established that the environment is not a luxury for
the rich, but a necessity for the survival of the poor. Without the foundations
laid in Rio (1992), modern agreements like the 2015 Paris Agreement
would not exist.

To finish your syllabus, we need to look at where these laws come from.
In international law, there is no "World Government" to pass laws, so we rely
on specific sources.

Here is the structured breakdown for your written exam.

Topic: Sources of International Environmental Law (IEL)

1. Introduction (Article 38 of the ICJ Statute)

The sources of International Environmental Law are generally derived from

Article 38 of the Statute of the International Court of Justice (ICJ).
This article lists the "tools" judges use to decide cases. The two most
important tools for the environment are Treaties and Customary Law.

2. Environmental Treaties (Conventions)

Treaties are the most direct and powerful source of environmental law. They
are written agreements between countries.

 Definition: A treaty (also called a Convention, Accord, or Protocol) is a

formal agreement that states sign and "ratify" (legally accept).

 Types of Treaties:

o Bilateral: Between two countries (e.g., a treaty between the US

and Canada regarding a shared river).

o Multilateral: Between many countries (e.g., the Paris

Agreement on Climate Change).

 The "Framework-Protocol" Model: This is a common strategy in IEL.

1. Countries first sign a Framework Convention (an agreement

on general goals, like the 1992 UNFCCC).

2. Later, they sign a Protocol (specific, legally binding rules and

targets, like the 1997 Kyoto Protocol).
3. Customary International Law (CIL)

Customary law is not written in a single document. Instead, it comes from

the consistent behavior of countries over time.

 Definition: For something to be "Customary Law," it needs two things:

1. State Practice: Countries must actually follow the rule

consistently.

2. Opinio Juris: Countries must follow the rule because they

believe it is a legal obligation, not just a polite gesture.

 Key Customary Principles in Environmental Law:

o The No-Harm Principle: As seen in the Trail Smelter case, it is

now "customary" that you cannot hurt your neighbor’s
environment.

o Duty to Notify: If a disaster happens (like a chemical leak), it is

a customary rule that you must warn neighboring countries
immediately.

o Duty to Consult: Countries must talk to each other before

starting a project that might affect a shared resource (like
building a dam on a shared river).

4. Other Sources (The Supporting Cast)

While Treaties and Custom are the "Big Two," exams often look for these
additional points:

 General Principles of Law: These are basic legal ideas recognized by

all civilized nations (e.g., "Good Faith" or the "Polluter Pays" principle).

 Judicial Decisions: Rulings from the ICJ or other international courts

help clarify what the law means (e.g., the Gabcikovo-Nagymaros case).

 Soft Law: These are non-binding documents like the Stockholm

Declaration or Agenda 21. Even though they aren't "laws" you can
be sued for, they guide how countries behave and often turn into "Hard
Law" (treaties) later.
Key Judicial Decisions in IEL

1. The Corfu Channel Case (UK v. Albania, 1949)

The Conflict: British warships were damaged by mines in Albanian waters.

The UK sued for damages.

The Ruling: The International Court of Justice (ICJ) ruled that Albania was
responsible. The court stated that every State has an obligation "not to allow
knowingly its territory to be used for acts contrary to the rights of other
States."

Why it matters for Environment: Even though this was about mines,
environmental lawyers use this "knowledge" rule. If a state knows a factory
is polluting a shared river and does nothing, they are legally liable.

2. Nuclear Tests Case (Australia & NZ v. France, 1974/1976)

The Conflict: France was conducting atmospheric nuclear tests in the South
Pacific. Australia and New Zealand sued, fearing radioactive fallout.

The Ruling: France eventually announced it would stop the tests. The ICJ then
dropped the case, saying it was "moot" (no longer a dispute).

Why it matters: This case highlighted the "Duty to Inform." It brought global
attention to the idea that states cannot conduct dangerous experiments that
risk the health of people in other countries.

3. Legality of the Use of Nuclear Weapons (Advisory Opinion, 1996)

The Conflict: The UN asked the ICJ for an opinion: Is it ever legal to threaten
or use nuclear weapons?
The Ruling: The Court stated that there is a "General obligation of States to
ensure that activities within their jurisdiction respect the environment of
other States."

Why it matters: The Court officially recognized that the "No-Harm Principle"
is now part of Customary International Law. It confirmed that environmental
protection applies even during wartime.

4. Gabčíkovo-Nagymaros Project (Hungary v. Slovakia, 1997)

The Conflict: Hungary and Czechoslovakia (later Slovakia) agreed to build a

massive dam system on the Danube River. Hungary later tried to stop the
project due to environmental concerns.

The Ruling: The Court ruled that both sides had failed their duties. Crucially,
it stated that states must look at "Environmental Impact Assessments" (EIA)
to see if old projects still meet modern environmental standards.

Why it matters: This case officially brought the concept of Sustainable

Development into the courtroom. It balanced the "Right to Development"
(Slovakia's dams) with "Environmental Protection" (Hungary's concerns).

5. Pulp Mills on the River Uruguay (Argentina v. Uruguay, 2006/2010)

The Conflict: Uruguay authorized the construction of a large pulp mill (paper
factory) on a river shared with Argentina. Argentina claimed the mill would
pollute the water.

The Ruling: The ICJ ruled that Uruguay had a "Procedural Obligation" to
inform and consult Argentina.

Why it matters: The court ruled that conducting an Environmental Impact

Assessment (EIA) is now a requirement under Customary International Law
for any project that might hurt a shared resource.
Soft Law Instruments

1. Introduction (What is Soft Law?)

In International Law, "Hard Law" refers to binding treaties (like the Paris
Agreement). "Soft Law" refers to instruments that are not legally binding but
carry strong political and moral weight. They are "blueprints" for future laws.

2. Characteristics of Soft Law

Non-Binding: Countries cannot be sued in a court of law for failing to follow a

Soft Law declaration.

Flexible: It is easier for countries to agree on Soft Law because it doesn't

immediately change their national laws.

Pathfinder: Most Soft Law eventually turns into "Hard Law" (e.g., the 1972
Stockholm Declaration led to many binding treaties later).

3. Examples of Soft Law Instruments

Declarations: Such as the 1972 Stockholm Declaration and the 1992 Rio
Declaration.

Action Plans: Like Agenda 21 (the manual for sustainable development).

Guidelines & Resolutions: UN General Assembly resolutions on protecting the

environment.

4. Why Soft Law Matters in Exams

If asked about the "value" of Soft Law, write that it creates Global Standards.
Even if not "law," it sets the expectations for how a civilized nation should
behave toward nature.

Topic 2: ICJ Advisory Opinion on Climate Change (2025)

This is a very recent and "cutting-edge" topic for your 2026 exam. It
represents the highest court in the world finally speaking on Climate Change.

1. Background (The Request)

In 2023, the UN General Assembly (led by the nation of Vanuatu) asked the
International Court of Justice (ICJ) for an Advisory Opinion. They asked: What
are the legal obligations of States to protect the climate system from
greenhouse gas emissions?

2. Key Findings of the 2025 Opinion

The "Due Diligence" Obligation: The Court ruled that States have a legal duty
to take "all necessary measures" to prevent climate harm. Doing "nothing" is
a violation of international law.

Human Rights Link: The ICJ officially linked Climate Change to Human Rights.
It stated that failing to protect the climate violates the right to life and
health.

Responsibility for Harm: The Court clarified that if a State's failure to regulate
emissions causes "significant harm" to another State (especially small island
nations), that State may be held legally responsible.

3. Significance: The "Intergenerational" Focus

The 2025 Opinion is famous for emphasizing Intergenerational Equity. It

stated that current leaders have a legal duty to preserve the planet for future
generations, not just those living today.