Environmental Laws Essay

The constant northern South divide over enforcement of inter demesneal environmental law plagues the operationalisation of many another(prenominal) international treaties. Most develop countries atomic number 18 caught in a cleft stick. Whilst understanding the need for environmental momention, they also require increase industrial activity for achieving economic growth and poverty alleviation objectives, activities that entail definite enhancements in glasshouse emission. They are additionally constrained by their lack of resources and do not wish to divert what is procurable from developmental needs.Many developing countries also suffer from lack of necessary infrastructure and underdeveloped intelligent and judicial systems to be able to carry out treaty obligations in an organised and systemic manner. (Bell & Russell, 2002) Whilst many international agreements are worded to ensure their efficacious binding on signatory nations, these treaties do not change state enforce able within a country until their passageway into domestic law is complete. Australia, for example, has signed on the Montreal communications protocol and the World Heritage Convention and carried out appropriate domestic legislation.Apart from taking these legislative measures, the nation has enacted several laws for environmental regulation. (Lyster, 2004) The Environment protection and Biodiversity Act, 1999, is a key legislation that gives effect to the countrys international law obligations. Numerous other enactments like the amended Fisheries Management Act, 1991, The Maritime Legislation Amendment (Prevention of contaminant from Ships) Act, 2006, the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 also work towards enhancing environmental protection and bringing the domestic legal system in line with its international treaty obligations.(Australian Legal Information Institute, 2007) Domestic enactment of sunrise(prenominal) laws, (as well as amendment of exis ting laws) is necessary because it makes the countrys commitment towards international environmental laws concrete and their provisions enforceable. In the absence of specific domestic legislation little action can be taken against environmental offenders and controlling environmental degradation becomes well nigh impossible.Compared to the Australian approach, which involves legal enactment and resolute enforcement of international law obligations, the actions adopted by a developing country like Bangladesh pop to be significantly inadequate. The country, (which became independent only in 1971), drafted a broad ranging environmental policy in 1991 but is still to enact any of its major features into law even though sixteen age have passed since.Factors like internal strife, lack of developed legal systems, and scarce resources, have prevented the country from pitiable forward on environmental action. Whilst economies like India and South Africa have been able to make significant turn up on the environmental front, many developing countries in Africa, Asia and South America share Bangladeshs problems and are thus unable or unwilling to abide by international environmental law obligations. (Mastny & French, 2002) 3. shoemakers lastThe inherent weaknesses in rules of international diplomacy render many environmental treaties practically pointless. Seeing the humble non implementation of most environmental treaties by developing nations, international organisations are seeking new ways to toughen these agreements. While most such laws impose few penalties, peer pressure is emerging as a potent tool for this purpose. Some treaties also ask nations to report on the progress of promises make at the time of agreement. Beyond persuasion and embarrassment, trade incentives also help in securing compliance.Members of the Montreal Protocol, for example, are command to purchase CFCs or products containing them from nations that have not agreed to the treaty, a con dition that has led many nations to hook up with the treaty and take action to reduce ozone depletion. (Bell & Russell, 2002) International agencies, sympathetic nations and NGOs can encourage soft laws through and through funding decisions and public campaigns. Soft laws tend to establish certain expectations-or create an international mindset-that can thus form the basis for more permanent agreements.A large part of the inability of developing nations to act on accord occurs because of their poverty and constrained resources. Redressing this imbalance will depend largely on providing monetary and technical assistance to developing nations-and ensuring that funds are well spent.ReferencesASEAN Ministers Okay Agreement on environmental Laws. (2006, November 12). Manila Bulletin, p. NA. Australian Legal Information Institute, 2007, Retrieved September 25, 2007 from www. austlii. edu. au Barrett, S. (2005). Environment and Statecraft The Strategy of environmental Treaty-Making. Oxf ord Oxford University Press.