Global Issues and Treaties

VALU 191 The Environment & Society

What is a treaty?
A contract in writing between 2 or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.

In the United States .

The president has the power to make treaties (subject to advice & consent from the senate)

United States..
Treaties become the law of the land & supersede any existing state laws based on the Constitution (Article XI)
Example: When President Reagan entered into the Montreal Protocol which involved mandatory reductions in production of CFCs and halons, the treaty became law. Therefore, a state legislature can't pass a law that would allow unlimited manufacture of those materials within the state boundaries.

Senate Role in the Process - Example

In December 1997 the executive branch (president) negotiated the Kyoto Treaty which was geared toward reducing greenhouse gas emissions which contribute to global warming. By May 1998, the Treaty had been signed by 34 countries. In December 2000 the Kyoto Treaty had not been presented to the Senate for approval.
Why? Mainly because the executive branch didn't think they had enough votes for ratification.

In 2001, a new president took office and declared that the U.S. no longer intended to be a party to the treaty and the document would not be presented to the Senate during the new presidents term of office.

Treaties Influence Environmental Policies

Presidential influence can be positive or negative. It can establish leadership & commitment but can also bring about confusion & antagonism. Example:
In 2002, President Bush determined that he would not attend the Johannesburg World Summit on Sustainable Development. This decision was strongly criticized by leaders of other countries. The U.S. is currently in default of a pledge made at the 1992 Rio Summit to reduce greenhouse gas emissions to 1990 levels. (The U.S. has often failed to pass legislature to enact treaties or pacts or agreements that have been signed at the executive level.)

Environmental Problems
More and more problems are moving beyond the scope of national boundaries. Therefore, treaties are becoming more important in creating effective solutions.

Executive Orders
Executive order: an order having the force of law issued by the president of the U.S. to the army, navy, or other part of the executive branch of the government. Executive orders may also be issued on the state level by governors. Example:
President Clinton issued executive order 13123 "Greening the Government through Efficient Energy Management". This order promoted energy conservation in federal facilities by requiring a 30% energy reduction by 2005 among other things.

Problems with Executive Orders

Executive orders made by one president can be superseded by the next president. Example:
President Clinton issued an order that made federal contracts hard to get if the company had violated federal law (including environmental law). President Bush rescinded this executive order when he entered office.

International Agreements
There is currently no international super-legislature or governing body to establish international laws. There is no effective mechanism for enforcing international agreements or law. There is considerable disagreement over whether or not there can ever be such a thing as "international law". So, how then do we address global environmental problems?

Addressing Problems
Currently there are two mechanisms:
1. treaties & other agreements entered into by nations or countries (conventional law)
made up of multilateral treaties and bilateral agreements trace beginnings back to the UN Conference on the Human Environment in Stockholm in 1972

Addressing Problems.
2. principles derived from long-standing practices of law (customary law) contains four basic principles that have come to be considered customary internal environmental laws:
1. no state is entitled to use its land in a way that would infringe on the rights of others 2. due diligence; obligation to protect the rights of other states 3. the requirement of the reasonable use of shared resources; equitable utilization 4. the duty to inform and cooperate; give prior notice of known

Biggest Problem - ENFORCEMENT

International law presents challenges for enforcing agreements, treaties, or customary law. The United Nations has some function but they have limited authority (ie. their charter is to maintain peace and security) & it doesn't have enforcement authority over international law in general. It's actions are also limited because it requires unanimous member action before it can do anything. Some parties have used the court systems of the nation or states in question to enforce international law. It works if the court assumes some jurisdiction in the matter under review.

Major Treaties
Some of the treaties well discuss include
Kyoto Protocol: a UN treaty on climate change Montreal Protocol: treaty on CFC reduction CITES: bans trade in endangered species Basel Ban: amendment to Basel Convention which outlaws transfer of hazardous waste to developing countries