Pgdelp Dec 2023 24 Assignment 2

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

Post Graduate Diploma in Environmental Law and Policy

December 2023-2024
Course 2: Multilateral Environmental Agreements
Last date of Submission: 19th April, 2024
Total Marks: 50
Assignment II
The word limit and marks allocated to each question are mentioned after the question

Question No. 1:
Solve the below crossword puzzle.
(Note: Where the answer involves two or three words, there is no space between the
words. For example: If the answer is Sustainable Development, it would fit in the
crossword as SustainableDevelopment)
ACROSS
2. Complaint under WTO dispute mechanism filed by Canada against France in
respect of measures imposed with respect to the prohibition of _______ and its
products. Breathing in of this substance may increase the risk of several serious
diseases, including, mesothelioma and lung cancer.
4. Abbreviation for international law principle requiring prior dissemination of
information by one country to another due to a project possibly affecting the
environment of such country
6. Precautionary Principle was first explicitly enshrined in this convention. Dealt
with ozone depletion. (popularly known as, for short)
8. First international environmental arbitration matter pertaining to a trans-
boundary pollution issue (Two words)
9. International Convention with objective of preventing pollution by ships
(Abbreviation)
10. International Environmental Law principle which acknowledges different
capabilities and differing responsibilities of individual countries in addressing
climate change. Principle 7 of the Rio Declaration. (Abbreviation)

DOWN
1. ________ means unlawful or wanton acts committed with knowledge that there is
a substantial likelihood of severe and either widespread or long-term damage to the
environment being caused by those acts. It is being pushed to be included as the 5th
crime under the ICC framework.
3. The World Commission on Environment and Development (WCED) which
authored "Our Common Future" is also known as the ________ Commission
5. This protocol established the Clean Development Mechanism.
7. persons or groups of persons who have been forced or obliged to flee or to leave
their homes due to conflict and who have not crossed an internationally recognized
border. (Abbreviation)
[Total 10 Marks]
Question No. 2:
A. Fill in the blanks (10 marks)
a) are agreements between three or more countries to
address global environmental challenges.
b) Treaties need to be by a minimum number of states to enter into
force.
c) The is an international agreement governing treaties between
states that was drafted by the International Law Commission of the United
Nations.
d) Treaties can be after coming into force through annexes,
appendices or protocols.

e) The World Trade Organisation was established through the Agreement.


f) Articles _____ and _____ of the General Agreement on Tariffs and Trade 1994
allows member nations to take trade restricting measures for protection of
environment.
g) The of the WTO deals with disputes between WTO members.
h) The right to a clean, healthy and sustainable environment was recognised as a
human right in .
i) links development and human rights to achieve a rights-based
approach to addressing climate change.

B. True or False (8 marks)


a) The 1972 Stockholm Declaration is a legally binding treaty.
b) Treaties provide for the circumstances in which they will enter into force.
c) Human rights are granted to only citizens of a country.
d) Right to environment involves a claim for a perfect environment or any local
environment in other places of the world.
e) Environmental violations can lead to violation of human rights.
f) Human rights has a more evolved legal and institutional systems than
environmental systems.
g) The Stockholm Declaration was the first document to recognise human right to
environment.
h) After ratifying a treaty, a state must incorporate its provisions in national
legislation.

C. Arrange the following events chronologically (7 marks):

a) Creation of United Nations

b) Stockholm Conference

c) Bilateral treaties for use of transboundary natural resources

d) Rio Conference

e) Awareness of ecological crisis

f) Treaty Congestion

g) Framework Agreements

[Total 15 Marks]

Question No. 3:

Name the Principles of International Environmental Law referred to in the


following provisions:

i. Article 2(3) of the 1971 Ramsar Convention

ii. Principle 15 of the Rio Declaration

iii. Principle 21 of the Stockholm Declaration

iv. Article 3 of the 1992 Convention on Biological Diversity

v. Article 194(1) of the 1982 United Nations Convention on Law of the Sea

vi. Article 25 of the 1958 High Seas Convention

vii. Article 74 of the UN Charter

viii. Principle 24 of the Stockholm Declaration


ix. Principle 27 of the Rio Declaration

x. Article 3(4) of the 1992 Climate Change Convention

xi. Article 2 of the 1958 High Seas Fishing and Conservation Convention

xii. Article 2(2)(b) of the 1992 OSPAR Convention

xiii. Art. 3(1) of the 1992 United Nations Framework Convention on Climate
Change

xiv. Article 19(1) of the 1994 Energy Charter Treaty (2 principles)

[Total 15 marks]

Question No. 4:
Match the following case laws in Box A to the principle laid down in the case in
Box B.
Box A Box B
i. Trail Smelter a) Duty to co-operate is a fundamental
Arbitration (United principle in the prevention of pollution
States v. Canada) of the marine environment.

ii. Corfu Channel Case b) Precautionary approach.


(Ireland v. Albania)

iii. Pulp Mills Case c) Principle of equidistance.


(Argentina v. Uruguay)

iv. Gabčikovo-Nagymaros d) Even if there is no deleterious effects or


Project (Hungary v. harm caused to living resources, States
Slovakia) are under legal obligation to continue co-
operation and promote the equitable
utilization of the resources, while
protecting its environment.
v. Advisory Opinion on e) In the field of environmental protection,
the Legality of the vigilance and prevention are required on
Threat or Use of account of the often irreversible
Nuclear Weapons character of damage to the environment
and of the limitations inherent in the
very mechanism of reparation of this
type of damage.
vi. Certain Activities f) Elementary considerations of humanity.
carried out by
Nicaragua in the Border
Area (Costa Rica v.
Nicaragua)
vii. Nuclear Tests (Australia g) Ecosystem approach in assessing
v. France) compensation for environment damage.
viii. North Sea Continental h) Community of interests’ approach.
Shelf Case (Germany v.
Denmark)
ix. Lake Lanoux i) States must take environmental
Arbitration (France v. considerations into account when
Spain) assessing what is necessary and
proportionate in the pursuit of legitimate
military objectives.
x. Southern Bluefin Tuna j) No state has the right to use or permit
Cases (New Zealand v. the use of its territory in such a manner
Japan) (Australia v. as to cause injury by fumes in or to the
Japan) territory of another or the properties or
persons therein, when the case is of
serious consequence and the injury is
established by clear and convincing
evidence.
[Total 10 marks]

You might also like