International environmental law: concept, sources. Special principles of international legal cooperation in the field of environmental protection. Environmental conventions and agreements signed by Russia International environmental law is

International environmental law - a set of principles and norms of international law that make up a specific branch of this system of law and regulate the actions of its subjects (primarily states) to prevent, limit and eliminate damage to the environment from various sources, as well as the rational, environmentally sound use of natural resources.

Special Principles of International Environmental Law. Protecting the environment for the benefit of present and future generations is a generalizing principle in relation to the entire set of special principles and norms of international environmental law. Its essence boils down to the obligation of states to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as the rational and scientifically sound management of natural resources.

The inadmissibility of causing transboundary damage prohibits such actions of states within their jurisdiction or control that would cause damage to foreign national environmental systems and common areas.

Environmentally sound management of natural resources: sustainable planning and management of the Earth's renewable and non-renewable resources for the benefit of present and future generations; long-term planning of environmental activities with an environmental perspective; assessment of the possible consequences of the activities of states within their territory, zones of jurisdiction or control for environmental systems beyond these limits, etc.

The principle of inadmissibility of radioactive contamination of the environment covers both the military and civilian areas of the use of nuclear energy.

The principle of protecting the ecological systems of the World Ocean obliges states: to take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one area to another and not to transform one type of pollution into another, etc.

The principle of the prohibition of the military or any other hostile use of environmental agents expresses in a concentrated form the duty of States to take all necessary measures to effectively prohibit such use of environmental agents that have widespread, long-term or serious consequences as a means of destruction, damage or harm to any state.

Ensuring environmental security: the obligation of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.

The principle of control over compliance with international environmental treaties provides for the creation, in addition to the national, of an extensive system international control and environmental quality monitoring.

The principle of international legal responsibility of states for environmental damage provides for liability for significant damage to ecological systems beyond the limits of national jurisdiction or control.

International legal protection of the air environment, climate, ozone layer. conventions

The air environment is the common property of man. In 1979, the OSCE Convention on Long-range Transboundary Air Pollution was signed. Transboundary air pollution is considered as a result of the transfer of harmful (polluting) substances, the source of which is located on the territory of another state. In order to reduce such pollution by sources of emissions of harmful substances located on the territory of the Russian Federation, the Russian Federation ensures the implementation of measures to reduce such emissions, and also takes other measures in accordance with its international obligations in the field of atmospheric air protection.

In 1992, the United Nations Framework Convention on Climate Change was signed. Its goal is to stabilize the concentrations of greenhouse gases in the atmosphere at a level that would not allow dangerous anthropogenic impact to the climate system. The climate system is understood as the totality of the hydrosphere, atmosphere, geosphere, biosphere and their interaction. Adverse climate change refers to changes in the physical environment or biota caused by climate change that have a significant negative impact on the composition, resilience or reproduction of natural or managed ecosystems, or on the functioning of socio-economic systems, or on human well-being.

In accordance with the Vienna Convention for the Protection of the Ozone Layer of 1985, the states (parties) participating in it shall take appropriate measures in accordance with the provisions of this Convention and those protocols in force to which they are parties, to protect human health and the environment from adverse effects that are or may be the result of human activities that alter or may alter the state of the ozone layer. "Adverse impact" means changes in the physical environment or biota, including changes in climate, that have significant adverse effects on human health or on the composition, resilience or productivity of natural and managed ecosystems or on materials used by humans. In this regard, the parties:

• collaborate through systematic observation, research and information sharing to better understand and evaluate the impact of human activities on the ozone layer and the health implications of changing ozone layer conditions.
• take appropriate legislative or administrative measures and cooperate in agreeing on appropriate programmatic measures to control, restrict, reduce or prevent human activities within their jurisdiction or
• cooperate in the development of agreed measures, procedures and standards for the implementation of the Convention with a view to adopting protocols and annexes;
• cooperate with competent international bodies in order to effective implementation Conventions and protocols to which they are parties.

In 1987, the Montreal Protocol was signed to it regarding substances that lead to the depletion of the ozone layer.

International legal protection of flora and fauna

International treaties for the protection of flora and fauna can be combined into two groups: treaties aimed at protecting flora and fauna in general, and treaties protecting one population.

Protection of flora and fauna. Here it should be mentioned: The Convention on the Conservation of Fauna and Flora in Their natural state 1933 Convention Concerning the Protection of the World Cultural and Natural Heritage 1972 Tropical Forest Agreement 1983 Convention on International Trade in Endangered Species of Wild Flora and Fauna 1973 Convention on biodiversity 1992, Convention on the Conservation of Migratory Species of Wild Animals 1979

The second group of treaties includes the International Convention for the Regulation of Whaling of 1946, the Agreement on the Conservation of Polar Bears and many others.

Preservation natural fauna and flora in some parts of the world is carried out through the creation of national parks and reserves, the regulation of hunting and the collection of certain species.

Convention for the Protection of Wild Fauna and Flora and Natural Habitats 1979 Its purpose is to conserve wild flora and fauna and their natural habitats, especially those species and habitats whose conservation requires the cooperation of several states, and to promote such cooperation. Particular attention is paid to endangered and vulnerable species, including endangered and vulnerable migratory species. The Parties to the Convention undertake to take the necessary measures to conserve or adapt populations of wild flora and fauna at a level that meets, in particular, ecological, scientific and cultural requirements, taking into account economic and recreational requirements, as well as the needs of subspecies, varieties or forms that are threatened at the local level.

An effective measure for the protection of wild animals is the international legal regulation of their transportation and sale. The 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna contains three appendices. The first includes all endangered animals, the second includes species that may be endangered, the third includes those species that, by definition of any party to the Convention, are subject to regulation within its jurisdiction.

The 1983 Tropical Forest Agreement has the following objectives: to ensure effective basis for cooperation and consultation between tropical timber producer and consumer members on all relevant aspects of the tropical timber sector; promoting the development and diversification of the international trade in tropical timber and the improvement of the structure of the tropical timber market, taking into account, on the one hand, long-term growth in consumption and continuity of supply, and on the other hand, prices favorable to producers and fair to consumers, and improved market access; promotion and assistance to research and development in order to improve forest management and improve the use of wood, etc.

International legal protection of the oceans. conventions

The World Ocean, covering 2/3 of the earth's surface, is a huge reservoir, the mass of water in which is 1.4. 1021 kg. Ocean water makes up 97% of all water on the planet. The oceans provide 1/6 of all animal proteins consumed by the world's population for food. The ocean, especially its coastal zone, plays a leading role in maintaining life on Earth, because about 70% of the oxygen entering the planet's atmosphere is produced in the process of plankton photosynthesis. Thus, the World Ocean plays a huge role in maintaining a stable balance of the biosphere, and its protection is one of the urgent international environmental tasks.

Of particular concern is the pollution of the oceans with harmful and toxic substances, including oil and oil products, and radioactive substances.

The most common ocean pollutants are oil and petroleum products. An average of 13-14 million tons of oil products enter the World Ocean annually. Oil pollution is dangerous for two reasons: firstly, a film forms on the surface of the water, which deprives marine life of oxygen; secondly, oil in itself is a toxic compound; when the oil content in water is 10-15 mg/kg, plankton and fish fry die. Major oil spills during the crash of supertankers can be called real environmental disasters.

Particularly dangerous is radioactive contamination during the disposal of radioactive waste (RW).

Initially, the main way to get rid of radioactive waste was the disposal of radioactive waste in the seas and oceans. This was usually low-level waste, which was packed in 200-liter metal drums, filled with concrete and dumped into the sea. Until 1983, 12 countries practiced the dumping of radioactive waste into the open sea. Into the water Pacific Ocean in the period from 1949 to 1970, 560,261 containers of radioactive waste were dropped.

The 1982 UN Convention on the Law of the Sea obliges states to protect and preserve the marine environment. States must take all measures necessary to ensure that activities under their jurisdiction or control do not cause harm to other States and their marine environment through pollution. States are under an obligation not to transfer damage or risk of pollution from one area to another or to transform one type of pollution into another:

IN Lately A number of international documents were adopted, the main purpose of which is the protection of the oceans. In 1972, the Convention on the Prevention of Marine Pollution by Discharges of Wastes with High and Medium Levels of Radiation was signed in London; burial of radioactive wastes with low and medium levels of radiation is allowed with special permits. Since the beginning of the 1970s, the UN Regional Seas environmental program has been implemented, which brings together the efforts of more than 120 countries of the world that share 10 seas. Regional multilateral agreements were adopted: Convention for the Protection of the Marine Environment of the North-East Atlantic (Paris, 1992); Convention for the Protection of the Black Sea from Pollution (Bucharest, 1992) and a number of others.

This is a set of international legal norms and principles governing the relations of subjects international law in the field of environmental protection, rational nature management, ensuring environmental safety and protecting human rights to a favorable environment.

International environmental law has two aspects. First, it is an integral part of international public law, which, on the basis of recognized international principles and specific methods, regulates all forms of international cooperation between states. Secondly, it is a continuation of the national (intrastate) environmental law.

In the second half of the 20th century, international environmental law stood out as an independent and complex one with all its inherent features, which indicates the recognition by mankind of the global nature of environmental processes and the vulnerability of planetary ecosystems.

History of international environmental law.

Depending on the prevailing trends in solving environmental problems history of international environmental law can be roughly divided into four main stages:

The first stage 1839-1948 originates from the bilateral Convention on oyster fishing and fishing off the coast of Great Britain and France of August 2, 1839. During this period, scattered efforts were made at the bilateral, subregional and regional levels to protect and preserve individual wildlife. The efforts of the ongoing conferences were not coordinated and did not enjoy the effective support of governments. Although during this period the states showed a certain attention to environmental issues, expressed in the conclusion of more than 10 regional agreements, nevertheless, they managed to solve to some extent only private, local problems.

Second stage 1948-1972 characterized by the emergence of numerous intergovernmental and non-governmental organizations, primarily the UN and the International Union for Conservation of Nature, directly or indirectly related to international environmental protection. The environmental problem is becoming global in nature, and the UN and a number of its organizations are trying to adapt to its solution. specialized agencies. The first universal international treaties and agreements aimed at the protection and use of specific natural objects and complexes are being concluded.

Third stage 1972-1992 associated with the first universal UN Conference held in Stockholm in 1972 on the problems of human environment environment and an institution on her recommendation of the UN Environment Program, designed to coordinate the efforts of international organizations and states in the field of international environmental protection. During this period, the international environmental cooperation, conventions are concluded on issues in the global settlement of which all mankind is interested, previously adopted international treaties and agreements are updated, work is intensified on official and unofficial codification of sectoral principles of international environmental law.

Fourth stage after 1992 Modern period The history of international environmental law originates from the UN Conference on Environment and Development, which was held in Rio de Janeiro (Brazil) in June 1992. This Conference directed the process of codification of international environmental law in line with the principles of socio-natural development. The parameters and deadlines for the implementation of the provisions of the “Agenda for the 21st Century” adopted at the Conference were specified at the World Summit on Sustainable Development in Johannesburg in 2002. The main emphasis is on ensuring environmental safety, environmental management, achieving sustainable development and preserving the environment for the benefit of present and future generations.

Sources of international environmental law.

Main sources of international environmental law- this and . Their meaning and nature of interaction are different for different stages of development of a given branch of international law.

Currently, there are about 500 international agreements on various aspects of environmental protection. These are multilateral universal and regional and bilateral international agreements regulating both general issues of environmental protection and individual objects of the World Ocean, the earth's atmosphere, near-Earth space, etc.

Interstate relations in the field of environmental protection are also regulated by soft law documents. These include the Universal Declaration of Human Rights of 1948, the Stockholm Declaration on the Human Environment of 1972, the World Charter for Conservation of Nature of 1982, the Rio-92 Declaration, a number of documents of the World Summit and in Johannesburg of 2002.

The source of international legal regulation of environmental protection is also international custom. A number of resolutions of the UN General Assembly, adopted unanimously, incorporate the norms of customary international law. Thus, the General Assembly in 1959 adopted a resolution that declared a moratorium on the development mineral resources International Seabed Area. This resolution is recognized by all states and must be strictly observed by them.

After analyzing a large number of international agreements and other international legal acts in the field of protection and rational use of the environment, we can distinguish the following specific principles of international environmental law:

The principle of inadmissibility of causing transboundary damage to the environment States must take all measures necessary to ensure that activities within their jurisdiction and control do not cause environmental damage to other States or areas beyond their national jurisdiction.

The principle of a preventive approach to environmental protection- States should take precautionary measures to anticipate, prevent or minimize the risks of serious or irreversible harm to the environment. Broadly speaking, it prohibits any activity that damages or may damage the environment and endanger human health.

The principle of international law enforcement cooperation- international problems related to the protection and improvement of the environment should be addressed in the spirit of goodwill, partnership and cooperation of all countries.

The principle of unity of environmental protection and sustainable development- environmental protection should be an integral part of the development process and cannot be considered in isolation from it . This principle has four elements:

1. "reasonable" or "rational" exploitation of natural resources;
2. "fair" distribution of natural resources - when using natural resources, states must take into account the needs of other countries;
3. integration of environmental considerations into economic plans, development programs and projects; And
4. conservation of natural resources for the benefit of future generations.

Environmental Precautionary Principle- States should approach the preparation and adoption of decisions with caution and foresight, the implementation of which may have an adverse impact on the environment. This principle requires that any activities and use of substances that can cause damage to the environment are strictly regulated or completely prohibited, even if there is no convincing or irrefutable evidence of their danger to the environment.

The Polluter Pays Principle- the direct culprit of pollution must cover the costs associated with the elimination of the consequences of this pollution or their reduction to a state that meets environmental standards.

The principle of common but differentiated responsibilities- States have a shared responsibility in the context of international efforts to protect the environment and recognize the need to take into account the role of each state in the emergence of specific environmental problems, as well as their ability to provide measures to prevent, reduce and eliminate threats to the environment.

Protection of various types of environment.

Since the Stockholm Conference in 1972, a significant number of international documents dealing with various environmental issues have been adopted. These include: marine pollution, air pollution, ozone depletion, global warming and climate change, endangered wild species animals and plants.

The marine environment was one of the first to be regulated by international environmental law. The norms for the protection of the marine environment are contained both in general conventions (the Geneva Conventions of 1958,) and special agreements (Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972, the Convention on Fisheries in the North-West Atlantic Ocean of 1977 ., Convention on Fisheries and the Protection of Living Resources of the High Seas, 1982, etc.).

The Geneva Conventions and the 1982 UN Convention on the Law of the Sea define the regime of maritime spaces, general provisions to prevent their pollution and ensure rational use. Special agreements regulate the protection of individual components of the marine environment, the protection of the sea from specific pollutants, etc.

The International Convention for the Prevention of Pollution from Ships of 1973 (and two Protocols of 1978 and 1997) provide for a set of measures to prevent operational and accidental pollution of the sea from ships by oil; liquid substances carried in bulk; harmful substances transported in packaging; sewage; rubbish; as well as air pollution from ships.

The 1969 International Convention on Intervention on the High Seas in Cases of Accidents Resulting in Oil Pollution establishes a set of measures to prevent and reduce the consequences of oil pollution of the sea due to marine accidents. Coastal states should consult with other states whose interests are affected by a maritime accident and the International Maritime Organization, to take all possible actions to reduce the risk of pollution and reduce the amount of damage. To this Convention in 1973 was adopted the Protocol on Intervention in Cases of Accidents Leading to Pollution by Substances Other Than Oil.

In 1972, the Convention on the Prevention of Marine Pollution by Discharges of Wastes and Other Materials was signed (with three appendices - Lists). The Convention regulates two types of intentional waste disposal: the discharge of waste from ships, aircraft, platforms and other artificial structures and the sinking of ships, aircraft, etc. at sea. Schedule I lists materials that are completely prohibited from being dumped into the sea. The discharge of substances listed in Schedule II requires a special permit. Schedule III defines the circumstances to be taken into account when issuing permits for discharge.

Air protection.

The central place among the norms of international environmental law in the field of air protection is occupied by the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Impact on the Environment of 1977 and the Convention on Long-Range Transboundary Air Pollution of 1979.

The parties to the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment pledged not to resort to military or other hostile use of means of influencing the natural environment (deliberate control of natural processes - cyclones, anticyclones, cloud fronts, etc.) that have wide, long-term or serious consequences, as ways of harming or harming another state.

In accordance with the Convention on Long-range Transboundary Air Pollution of 1979, states agreed on the necessary measures to reduce and prevent air pollution, primarily in relation to means of combating air pollution emissions. It is envisaged, in particular, to exchange information on these issues, periodically consult, implement joint programs on air quality regulation and training of relevant specialists. In 1985, the Protocol on the Reduction of Sulfur Emissions or Their Transboundary Fluxes was adopted to the Convention, according to which sulfur emissions should be reduced by 30 percent no later than 1993.

Protection of the ozone layer.

Another problem is connected with the protection of atmospheric air in international environmental law - the protection of the ozone layer. The ozone layer protects the Earth from the harmful effects of ultraviolet radiation from the Sun. Under the influence of human activity, it has been significantly depleted, and ozone holes have appeared over some areas.

The Vienna Convention for the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 provide a list of ozone-depleting substances, determine measures to ban the import and export of ozone-depleting substances and products containing them to the contracting states without an appropriate permit (license). It is also prohibited to import these substances and products from countries that are not parties to the Convention and the Protocol, and export them to these countries. The 1987 protocol limited the production of freons and other similar substances; by 1997 their production was to cease.

Space protection.

The norms of international environmental law concerning pollution and debris of outer space are contained in the fundamental documents - the Outer Space Treaty of 1967 and the Moon Agreement of 1979. In the study and use of outer space and celestial bodies, participating States are obliged to avoid their pollution, take measures to prevent disturbance of the equilibrium formed on them. celestial bodies and their natural resources are declared.

Climate protection.

Climate protection and problems associated with its changes and fluctuations occupy an important place in the system of international environmental law. In the late 80s of the last century, the problem of climate change began to rapidly gain weight on the world agenda and was often mentioned in the resolutions of the UN General Assembly. It was at this time that the UN Framework Convention on Climate Change of 1992 was adopted, the ultimate goal of which is "stabilizing the concentration of greenhouse gases in the atmosphere at a level that would not allow dangerous anthropogenic impact on the climate system." The parties to the Convention have undertaken to take preventive measures in the field of forecasting, preventing or minimizing the causes of climate change and mitigating its negative consequences.

Protection of flora and fauna.

Relations in the field of protection and use of flora and fauna are regulated by a number of universal and numerous bilateral international agreements.

Among the conventions of international environmental law dedicated to the protection and conservation of flora and fauna, the Convention on the Protection of the World Cultural and Natural Heritage of 1972 should be singled out, designed to ensure cooperation in the protection of natural complexes of particular importance, habitats of endangered species of animals and plants. The Tropical Forest Agreement of 1983 is devoted to the protection of the flora. The Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, which determined the basis for controlling such trade, is of general importance.

The bulk of the conventions is devoted to the protection of various representatives of the animal world - whales, seals, polar bears. An important position is occupied by the 1992 Convention on Biological Diversity, the purpose of which is “the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits associated with the use of genetic resources”. The 1979 Convention on the Conservation of Migratory Species of Wild Animals is also of particular importance.

Literature.

1. International law. Special part: textbook. for law students fak. and universities / I.I. Lukashuk. – M.: Wolters Kluver, 2005.
2. International law: textbook / otv. ed. V. I. Kuznetsov, B. R. Tuzmukhamedov. – M.: Norma: INFRA-M, 2010.
3. International public law in questions and answers: textbook. allowance / otv. ed. K. A. Bekyashev. – M.: Prospekt, 2015.
4. International environmental law: Textbook / Ed. ed. R. M. Valeev. - M.: Statute, 2012.
5. Ecological law of Russia. Volume 2. Special and special parts: a textbook for academic undergraduate studies / B.V. Erofeev; L. B. Bratkovskaya. - M .: Yurayt Publishing House, 2018.
6. Guide to International Environmental Law / A. Kiss; D. Shelton. – Leiden/Boston: Martinus Nijhoff Publishers, 2007.
7. Principles of International Environmental Law / P. Sands. – Cambridge: Cambridge University Press, 2018

The atmosphere, the water area of ​​the World Ocean, freshwater resources and subsoil are subject to international protection. International environmental law - a set of legal norms governing the environmental actions of states.

The protection of the environment, with all its natural and social components, is primarily a task of the domestic law of individual countries. At present, all countries have developed national legislation on the protection of nature and the environment. So, in Russia there are land and water codes, legislation on subsoil, on health care, on nature protection and rational use of natural resources, on the protection of the Caspian, Black and Azov seas, the basins of the Volga and Ural rivers, on the preservation of the wealth of Lake Baikal.

However, despite the developed system of national environmental legislation, there is a need for international cooperation in this area in order to preserve the environment. Therefore, the interdependent development of two directions of normative regulation of environmental protection is necessary - state-legal and international-legal.

Under international legal protection of the environment should be understood as joint measures of states to prevent pollution of the atmosphere, waters of the World Ocean and its subsoil, international rivers, outer space and other parts of the biosphere that have international character, as well as on the protection and rational use of flora and fauna. Accordingly, states have an obligation not to allow within their state borders such actions that have a harmful effect on external environment outside the territory of a given state, pollute the air, water and soil of territories not under the sovereignty of any state, or harm the environment within the boundaries of another state. These principles should guide the states that carry out bilateral and multilateral cooperation in the field of environmental protection.

The international legal principles of environmental cooperation were first formulated in the Declaration of the UN Stockholm Conference on Environmental Problems (1972). This document reveals the essence of global environmental problems, as well as the formulation of the principles of environmental protection. The World Charter for Nature (1982) supplemented and clarified the principles of environmental protection and rational use of natural resources. At the UN Conference in Rio de Janeiro (1992), a declaration was adopted that proclaimed the goal of establishing a fair partnership by creating new levels of cooperation between states, key sectors of society and individual citizens.

The principles of environmental protection establish the priority of human rights to maintain a favorable environment and sustainable development. People have the right to a healthy and fruitful life in harmony with nature. For society to achieve a state of sustainable development, environmental protection must be an integral part of the development process and cannot be considered in isolation from it. In addition, the Stockholm Declaration proclaims that the earth's natural resources, including air, water, land, flora and fauna, and especially areas of natural ecosystems, must be conserved for the benefit of present and future generations through careful planning and management as necessary.

A separate group of principles confirms the sovereign right of states to use natural resources. The Declaration of the Stockholm Conference states that states have the sovereign right to use their own resources in accordance with their national policy in their approach to environmental problems. It is States' responsibility to ensure that activities within their jurisdiction or control do not cause environmental damage in other States or areas beyond national jurisdiction. States adopt effective environmental legislation. Environmental standards, regulatory objectives and priorities should reflect the environmental and developmental conditions in which they apply. However, the standards applied by some countries may be inappropriate and impose unreasonable economic and social costs in other countries, in particular developing countries. Therefore, in this case, international norms concerning intrastate legal relations apply. Each State is entitled to apply them through its competent authorities and in cooperation with other States. In order to achieve sustainable development and a higher quality of life for citizens, states must limit and eliminate unsustainable patterns of production and consumption and promote appropriate population policies.

Another group of principles defines obligations of citizens in the field of environmental protection. Every person is called to act in accordance with the provisions of the World Charter for Nature; each person, acting individually, must strive to ensure the achievement of the goals and implementation of the provisions of the Charter (para. 24). The Rio Declaration formulated these provisions as follows:

¦ the creative forces of the youth of the world should be mobilized in order to form a global partnership in order to achieve the effect of sustainable development and ensure a secure future for the planet;

¦ Indigenous peoples and their communities, as well as other local communities, have a vital role to play in the management and improvement of the environment by virtue of their knowledge and traditional practices. States must recognize and support the identity, culture and interests of the indigenous population, ensure their effective participation in achieving sustainable development;

¦ The environment and natural resources of peoples living under conditions of oppression, domination and occupation must be protected.

The special responsibility of a person for the conservation and prudent management of wildlife and its environment, which are under serious threat due to a number of adverse factors, is enshrined in the principles of responsibility for environmental protection. They are formulated in the World Charter for Nature:

¦ the genetic basis of life on Earth should not be endangered;

¦ the population of every form of life, wild or domesticated, must be maintained at least at a level that is sufficient for its survival; the necessary habitat for this should be preserved;

¦ the principles of nature conservation apply to all parts of the earth's surface - land or sea, atmosphere; special protection should be given to unique areas and typical representatives of all types of ecosystems and habitats of rare or endangered species;

¦ Ecosystems and organisms used by humans, as well as resources on land, sea and atmosphere, must be managed in such a way that their optimal and constant productivity can be ensured and maintained, but without compromising the integrity of those ecosystems or species with which they coexist.

The use of natural resources is regulated principles of use of natural resources:

¦ biological resources are used only within the limits of their natural ability to recover;

¦ soil productivity is maintained or improved through measures to preserve their long-term fertility;

¦ Reusable resources, including water, are reused or recycled;

¦ non-renewable single-use resources are exploited in moderation, taking into account their reserves, rational possibilities for their processing for consumption and compatibility of their exploitation with natural systems.

Any discharge of pollutants into natural systems should be refrained from. It's regulated norms on the prevention of environmental pollution and other harmful effects on nature. If such exposure is unavoidable, then the pollutants should be disposed of in the places where they are produced, using the most advanced means available to producers. In addition, special precautions must be taken to prevent the dumping of radioactive and toxic wastes. Activities that can have a harmful impact on nature should be controlled; however, appropriate technology should be used to reduce adverse environmental impacts. In particular:

¦ it is necessary to refrain from activities that can cause irreparable damage to nature;

¦ it is necessary to refrain from activities that are fraught with increased danger for nature. Persons carrying out such activities must prove that the expected benefits from them are significantly greater than the damage that may be caused to nature, and in cases where the possible harmful effects of such activities are not clearly established, they should not be undertaken;

¦ activities that can cause damage to nature should be preceded by an early assessment of its possible consequences; if it is decided to carry out such activities, they should be carried out on a planned basis and in such a way as to minimize their harmful impact;

¦ activities in the field Agriculture, cattle breeding, forestry and fisheries should be carried out taking into account the characteristics and reserves of natural resources of these areas;

¦ areas that have fallen into decay as a result of human activities are subject to restoration in accordance with their natural potential and the requirements of the well-being of the population living in these areas.

A global partnership has been established to preserve, protect and restore the health and integrity of the Earth's ecosystem. It is based on understanding common responsibility borne by states as a consequence of their various roles in the deterioration of the global environment. Developed countries recognize the responsibility they bear in the context of international efforts to achieve sustainable development, taking into account the technologies and financial resources that they possess. In order to effectively address environmental degradation, states must cooperate in building a supportive and open international economic system, which would lead to economic growth and sustainable development in all countries.

States should develop national laws regarding liability and compensation for victims of pollution and other environmental damage. States shall cooperate to further develop international law relating to liability and compensation for the adverse effects of environmental damage caused by activities under their jurisdiction or control to areas outside their jurisdiction. States must cooperate effectively to contain or prevent the transfer to the territories of other states of any activities and substances that cause serious environmental damage or are considered harmful to human health.

In order to protect the environment, states, in accordance with their capabilities, widely apply the precautionary principle. Where there is a threat of serious or irreversible harm, the lack of full scientific certainty cannot be a reason for postponing the adoption of economic effective measures to prevent environmental degradation.

The environmental impact assessment, as a national instrument, is carried out in relation to proposed activities that may have a significant negative impact on the environment and are subject to approval by a decision of the competent national authority. The State shall immediately notify other States of any natural disasters or others emergency situations which could lead to unexpected harmful effects on the environment in those States.

The international community is doing everything possible to help the affected states. States shall provide other States with prior and timely notification and relevant information on activities that may have significant adverse transboundary effects and shall consult with these States at an early stage and in good faith. States should cooperate to strengthen national capacity building activities for sustainable development. They operate by sharing scientific and technological knowledge and enhancing the development, adaptation, dissemination and transfer of technologies, including new and innovative ones.

A separate group is formed by the norms that ensure the right to environmental information. In accordance with the Rio Declaration, everyone has the right to have access to government information related to the environment (including information on hazardous materials and activities), as well as the opportunity to participate in decision-making processes. States have an obligation to develop and encourage public participation by making information widely available, making it possible to use judicial and administrative procedures, including judicial remedies.

Environmental protection is also carried out in cases of armed conflicts. War inevitably has a destructive effect on nature. Therefore, states must respect international law that ensures the protection of the environment during armed conflicts. Peace, development and environmental protection are interdependent and inseparable. States must resolve their environmental disputes peacefully and by appropriate means in accordance with the UN Charter.

In Agenda 21, adopted by the UN(2000), outlined a strategy for the development of the world community, which provides for the implementation of the main tasks - the preservation of the environment and the formation of a healthy economy for all peoples of the world. This implies environmental protection and rational use of natural resources, conservation of the biological diversity of nature, environmentally safe application of high technologies.

The implementation of these measures will ensure a positive trend in the changes in the most important interrelated indicators that reflect stable functioning and balanced interaction between the social, economic and environmental spheres.

One area of ​​international environmental law is international Marine Conservation, which is understood as a set of legal norms aimed at preventing pollution, conserving the resources of the World Ocean. The principle of protecting the oceans and its resources is enshrined in such international agreements as the International Convention for the Prevention of Marine Pollution by Oil (1954), the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (1972), the International Convention for the Prevention of Marine Pollution from Ships (1973; with the Protocol of 1978), the UN Convention on the Law of the Sea (1982). In accordance with these acts, states are obliged:

¦ stop all types of pollution of the marine environment by any substances, including oil, poisons, sewage, garbage dumped into the sea of ​​loans;

¦ stop deliberate burial in the waters of the World Ocean of all hazardous substances and materials;

¦ protect the living resources of the sea.

The states have concluded special agreements, for example, the International Convention for the Regulation of Whaling (1946), the Convention on Fisheries and the Protection of Living Resources in the Baltic Sea (1973), etc. The UN Convention on the Law of the Sea (1982) obliges the coastal state to adopt laws to prevent and reduce pollution relating to innocent passage through territorial waters, transit passage through the straits, the economic zone and activities in the International Seabed Area.

On a regional basis, agreements such as the Convention for the Protection of the Marine Environment of the Baltic Sea Area (1974), the Convention for the Protection of the Mediterranean Sea from Pollution (1976) and others have been concluded.

International legal protection of the Earth's atmosphere regulated in the Convention on Long-range Transboundary Air Pollution (1979), which obliges states to develop the best environmental strategy, exchange information on the flows of pollutants introduced technological processes. After the discovery of "ozone holes" over the Antarctic, and then over the Arctic, the states signed the Vienna Convention (1985) and the Intergovernmental Agreement for the Protection of the Earth's Ozone Layer (Montreal, 1987), which provide for the limitation of the production of freons, nitrogen fertilizers and other harmful substances .

A large number of international agreements contain norms for the protection of flora and fauna: the International Convention for the Protection of Birds (1950), the Agreement for the Protection of Polar Bears (1978), the Convention for the Protection of Nature in the South Pacific (1976), the Convention on International Trade in Wild Species endangered fauna and flora (1973), Convention on the Conservation of Antarctic Marine Living Resources (1980).

The participation of international organizations in environmental protection is due to the need to monitor compliance with international agreements, coordinate global and regional exchange systems scientific information and environmental monitoring. International organizations, as permanent structures with consolidated intellectual, technical and financial resources and political independence in relation to the participating states, are an effective tool for environmental protection.

A key role in this area belongs to the UN, which is the world forum for organizing international activities in the field of the environment. The activities of the UN have a worldwide scale, combining political, socio-economic and scientific and technical areas. It allows mobilizing international governmental and non-governmental organizations and national resources to solve global environmental problems. One of the first UN actions in the field of ecology was undertaken in 1949, when a conference on nature conservation was held in Lake Success (USA). Subsequently, environmental issues have taken an important place on the agenda of many UN specialized agencies. The World Health Organization addresses the impact of pollutants on human health. The World Meteorological Organization directs its efforts to solve the problems of atmospheric pollution. The Food and Agriculture Organization investigated the impact of environmental degradation on food production and addressed the problems of overexploitation of fish resources. UNESCO has assumed responsibility for the development scientific knowledge about the environment.

The UN Conference on the Problems of the Human Environment (Stockholm, 1972), which laid the foundations for a balanced and integrated approach to solving a wide range of environmental problems, can be considered a turning point in the environmental activities of the UN. The conference also had an impact on the domestic policy of many states, whose national priorities previously did not include issues of nature protection. After this conference, many interstate and national environmental programs were developed, and effective legal mechanisms for their implementation were created.

Within the framework of the Stockholm Conference, an Action Plan for the Human Environment was adopted. As part of this plan, the United Nations General Assembly established in 1972 United Nations Environment Program(UNEP). This program coordinates the activities of bodies and agencies of the UN system to include environmental elements in their activities and create new specialized organizations dealing with environmental issues. The overall management of the program is carried out by the Board of Governors - a body that is formed from representatives of 58 states elected by the General Assembly for a period of 4 years on the basis of the principle of fair geographical representation. Since 1987, the Council has met every two years. The structure of UNEP also includes the Secretariat, located in Nairobi (Kenya), and the voluntary Environment Fund, established to fully or partially finance individual environmental projects within the UN system.

UNEP operates through so-called programmatic methods, which are implemented in three stages. The first step involves collecting information about environmental issues and ongoing efforts to resolve them. At the second stage, goals and strategies are defined, individual activities are planned. At the third stage, events are selected and they receive support from the Environment Fund. The collection and dissemination of information is carried out by UNEP within the framework of the Global Observing System program. The program maintains the International Register of Potentially Toxic Substances; a service promoting the international exchange of the most up-to-date environmental information (INFOTERRA) has been established. This information is necessary for making environmentally sound decisions by different countries in all parts of the world. In particular, more than 50 states received assistance from UNEP in the development of environmental legislation, which resulted in the preparation of reports for governments, as well as recommendations and bills.

Currently, UNEP is developing as a world environmental organization, which in the future may perform the functions of establishing and monitoring the use of the economic capacity of the biosphere, including the redistribution of UN financial resources.

Bodies and agencies of the UN system have made a significant contribution to the development of international environmental law. Under their auspices, the Washington Convention on International Trade in Endangered Species of Wild Flora and Fauna (1973), the Geneva Convention on Long-range Transboundary Air Pollution (1979), the Vienna Convention for the Protection of the Ozone Layer (1985), the Basel Convention on the Control on transboundary movement of hazardous wastes and their disposal (1989), United Nations Framework Convention on Climate Change (1992), guidelines on the management of shared natural resources (1978), control of marine pollution from land-based sources (1985), conservation of hazardous wastes (1987) and etc.

Under the influence of the UN universal system, environmental issues have come under the competence of such organizations as the Council of Europe, the OSCE, the European Union, the CIS, the EuroAsEC, etc.

International environmental law- a set of international legal principles and norms governing relations regarding the protection of the environment from harmful effects, the rational use of its individual elements in order to ensure optimal conditions for the life of individual individuals, as well as the existence of all mankind as a whole.

The formation of international OS law:

1. late 19th-early 20th century. During this period, there was no system of international legal treaties that comprehensively regulate the protection of the environment, but separate measures were already being carried out, agreements were concluded on the protection of individual natural objects. (1890 - Agreement for the Protection of Fur Seals)

2. 1913-1948. The first international Conference dedicated to the protection of nature.

3. 1948-1972. Creation of the first international environmental organization - the International Union for Conservation of Nature.

4. 1972-1992. Conference in Stockholm. Stockholm Declaration. The first ecological human rights are fixed.

5. 1992-our days. Rio Declaration (=Brazilian Declaration), CSCE, OSCE.

International legal protection

IGO objects: natural objects, about which the subjects of international law.

Kinds:

The impact on which occurs from the territory of states ( air environment, inland waters, flora and fauna)

The impact on which occurs from an international territory or from a territory with a mixed regime (outer space, near-Earth outer space, the world ocean, objects of the common heritage of mankind (territories that are not under the sovereignty of any state and have environmental immunity (Antarctica, the Moon)), use nature for military purposes)

Subjects of international law:

International governmental and intergovernmental organizations

States

UN, UNET (United Nations Environment Programme), UNESCO (United Nations Organization for Culture, Science and Education) IAEA (International Atomic Energy Agency) WHO (World Health Organization), FAO (Agriculture and Food Organization), WMO ( United Nations World Meteorological Organization)

Organization for European Economic Cooperation (Environmental Directorate)

Non-Governmental Organizations (International Union for Conservation of Nature, Greenpeace, WWF)

Principles of international environmental law:

General (fixed in the UN Charter)

1. principle sovereign equality states

2. the principle of cooperation

3. the principle of conscientious fulfillment of the obligations of international law

4. principle of peaceful settlement of the dispute and non-use of force

Special

a. The principle of the sovereign right of the state to natural resources and the obligation not to cause environmental harm beyond the limits of national jurisdiction

b. principle...

c. the polluter pays principle

d. principle of common but distinct responsibility

e. the principle of equal right of citizens to a favorable environment

Sources:

1. international standards

2. legal practices

3. general principles of law

4. judgments and doctrines

6. statements

7. international treaties pending entry into force

8. binding decisions of international organizations, international courts and tribunals

International treaties:

Air protection (1979 Convention on Long-range Transboundary Air Pollution, 1985 Vienna Convention for the Protection of the Ozone Layer, 1992 United Nations Framework Convention on Climate Change, Kyoto Protocol)

Wildlife conservation (1992 Convention on Biological Diversity, Cartogen Protocol, Corsair Water Bog Convention?!)

International legal protection of the rights of citizens.

Orpus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 1998. (Russia does not participate)

Environmental law of the European Union

the legal norms governing social relations between EU member states and citizens of these states form the system of EU Environmental Law.

Subject of regulation.

Public relations for the protection of the EU OS

Relationships associated with the use of various environmentally hazardous substances

Subjects: states, citizens, legal entities of the participating states.

The goals and directions of environmental policy were first enshrined in a program of action in 1972.

Sources:

1. sources of primary law:

1. European Community Treaty 1992

2. Treaty on European Union 1992

3. EU constitution

2. sources of secondary law (legal legal acts, regulatory agreements, declarations, and other nonsense)

1. NLA (regulations, directives (define the goal or result to be achieved, the states retain the right to choose measures, methods and procedures), decisions (adopted by the Council or the EU Commission and addressed to specific individuals))

2. normative agreements

4. judicial precedent

A feature of the EU legislation system is the absence of by-laws.

Environmental issues fall within the competence of the Commission of the European Parliament on the environment, health and …

The development and submission of bills to the Council of the European Parliament is entrusted to the European Commission.

The judicial system is represented by two judicial bodies: the Court of the European Communities and the Tribunal of First Instance.

The concept of "international environmental law". Subjects of international environmental law. An object ( legal regulation) in international environmental law. The main directions of international cooperation in international environmental law. Objects of international legal protection of international environmental law. Some features of the origin and development of international environmental law. The main sources of international environmental law. Basic principles of international environmental law. International legal protection various kinds resources of the world nature (objects of political and legal protection of international environmental law). The main problems of modern international environmental law.

International environmental law (much less often in the scientific and educational literature the following synonymous designations are used: international environmental law, international environmental law) is a set of legal norms and principles that regulate international relations in the field of protection in order to protect and rationally use the world's natural resources. environment.

The subjects of modern international environmental law are modern states, as well as various international organizations (within this international legal branch, the role and “proportion” of the contribution of international organizations in decisions and documents are significant).

Thus, the object (legal regulation) of international environmental law is the relationship of subjects of international law regarding the protection and reasonable exploitation of the global environment, designed to be carried out for the benefit of present and future generations of people.

International cooperation in the system of modern international environmental law is carried out in two basic areas:

• 1) creation of legal norms and standards protecting individual natural objects;
• 2) implementation of supervision of a certain state or any international organization so that this or that industrial, economic or other activity is carried out taking into account the consequences of this activity for the environment.

The objects of international legal protection of international environmental law (international environmental law) include:

• 1) various water resources of the world nature;
• 2) atmosphere;
• 3) ozone layer;
• 4) climate;
• 5) various living resources of the world nature (flora and fauna);
• 6) various ecological systems world nature (ecosystems);
• 7) soil;
• 8) Antarctica.

International environmental law is one of the newest and certainly the most important branches of modern international law. This international legal branch has been actively developing in recent decades, which is associated with a constant increase in attention from developed countries and influential international organizations to the problems of protecting the environment and world nature, which characterizes the global political and legal situation in recent decades.

Accordingly, special attention is paid to environmental issues by many of the most modern international legal documents and political and legal standards. Thus, in the Millennium Declaration of the United Nations, the protection, protection and rational use of all living organisms and natural resources are attributed to the fundamental values ​​of human civilization and the modern international political and legal order.

Such close attention from the main "players" of the modern world political "arena" is also due to the fact that they all understand the importance and significance of the environment for all modern humanity; its universality and inseparability, as well as the fact that with the development of scale industrial production and with an increase in the population of the Earth, natural resources are becoming more and more depleted, which modern international legal entities are well aware of.

At the same time, it should be noted that the first provisions for the protection of the environment began to appear in international law in its other branches.

For example, protection provisions sea ​​waters contained in industry-specific conventions on the international law of the sea, in which special attention is paid to combating oil pollution. Thus, the first “maritime” international legal convention devoted to environmental issues was aimed at solving this problem - the International Convention for the Prevention of Marine Pollution by Oil, 1954. This Convention banned the practice of draining oil from sea vessels, which is detrimental to water spaces and resources of the world nature.

Over time, however, the need to single out political and legal standards, principles, categories for environmental protection into a separate international legal branch became finally clear and was put into practice by international legal entities.

The main sources of modern international environmental law are the following international legal documents:

• 1) Resolution of the General Assembly of the United Nations on the historical responsibility of states for the preservation of the nature of the Earth for present and future generations, 1980;
• 2) World Charter for Nature 1982;
• 3) United Nations Millennium Declaration 2000;
• 4) Convention on the prohibition of military or any other hostile impact on the natural environment of 1976;
• 5) Vienna Convention for the Protection of the Ozone Layer of 1985;
• 6) Convention on the Protection of Migratory Species of Wild Animals, 1979;
• 7) Convention on the Protection of the World Cultural and Natural Heritage of 1972;
• 8) The Antarctic Treaty of 1959, as well as a number of other international legal documents.

The most significant principles of modern international environmental law are:

• 1) the general principle of the obligation to protect the environment by all subjects of modern international law;
• 2) the principle of state sovereignty over natural resources located on its territory;
• 3) the principle of not causing harm to the nature of another state by one international legal entity (most often, a state) by any actions performed on its own territory;
• 4) the principle of responsibility of each international legal entity for causing harm to the nature of another state;
• 5) the principle of free access to information on the environment and the problems of its protection;
• 6) the principle of preventing radioactive contamination of the environment;
• 7) the principle of non-admission of military or other harmful effects on the environment.

As mentioned above, one of the first objects of international legal protection of the environment that attracted the attention of subjects of international relations was marine water resources. The above-mentioned International Convention for the Prevention of Marine Pollution by Oil of 1954 was followed by international conventions of a universal nature that developed the problem of protecting marine resources from various harmful substances: the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972 and the Convention for the Prevention of Pollution from Ships of 1973 .

The question of international legal protection waters and marine resources of individual seas served as the reason for the creation of interstate regional agreements.

The most significant among the interstate regional agreements dedicated to the protection of specific seas was the Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1974. This Convention strictly prohibited not only the pollution of the Baltic Sea carried out from ships, but also all land-based discharges of any toxic and harmful substances, waste, garbage. Based on the provisions of this Convention, its participants created a special Commission for the Protection of the Marine Environment of the Baltic Sea.

In 1992, the Baltic States adopted a new Convention for the Protection of the Natural Marine Environment of the Baltic Sea Area, which established even more stringent requirements for the protection of its resources.

The adoption of the new Convention on the protection of the Baltic Sea was associated both with significant changes in the political and legal status of the states of the region, and with the desire of the Baltic States to preserve their main natural value, their most significant natural resource, in this matter, focusing on the most stringent ( in relation to the protection of nature in general) political and legal standards of Western Europe.

Following the theme of the protection of marine resources, universal international legal standards and regional interstate agreements followed, dedicated to the protection water resources rivers and lakes. For example, the Convention on the Protection of the Rhine from Pollution by Chemicals of 1976, prepared by the Commission for the Protection of the Rhine from Pollution formed by several European states, is quite effective in terms of its implementation by the states parties to this international agreement.

At the same time, water, as the most important natural value, acquires all greater value in the conditions of modern development of mankind, and to the greatest extent - in connection with the steady growth of its consumption throughout the 20th and early 21st centuries. and due to the extreme limitation of its resources, which applies primarily to the resources fresh water.

Therefore, the problem of protecting freshwater basins has now acquired absolutely exceptional significance not only for international environmental law, but for all international law, as well as for the existing world political order as a whole.

Thus, a number of serious political analysts and specialists in the field of geopolitics predict with a significant degree of probability the possibility of military-political conflicts arising in the near future, connected precisely with the lack of fresh water, for example, in some states of the Near and Middle East (in particular, military operations are quite likely for fresh water between the Republic of Yemen and the Kingdom of Saudi Arabia).

As a result of a deep understanding by the subjects of modern international law of the exceptional importance of fresh water in the field of international environmental law, new extremely significant innovations have appeared in recent decades. For example, the UN International Law Commission prepared for the UN General Assembly its own draft articles on the political and legal provision of the non-navigational use of international watercourses.

In the Commission's draft, watercourses mean not only surface waters, but also those groundwaters that form single natural systems with surface waters (most often, surface and groundwater "tied" into one such system flow to one outlet). In turn, in the space of modern international law, all watercourses, parts of which are located in different states, are international.

The regimes for the use of international watercourses are determined by bilateral and multilateral agreements of the states with whose territories they are connected. At the same time, according to the standards of international environmental law, all states through whose territories international watercourses flow, without fail have the right to participate in such international agreements.

In turn, all states are obliged to use international watercourses exclusively in such a way as not to damage these natural resources. Modern states are obliged to ensure the protection and protection of international watercourses to the extent necessary, and to cooperate with each other on an equal basis in achieving this goal.

According to modern industry standards, the subjects of international environmental law should also pay close attention to the protection of the atmosphere, the ozone layer, the Earth's climate, the living resources of the world's nature (flora and fauna), soils and other resources of the world's nature.

In 1979, the Convention on Long-range Transboundary Air Pollution was adopted, subsequently supplemented by a number of International Protocols dedicated to the protection of air from the emission of various harmful substances:

• 1) Protocol to reduce sulfur emissions or their transboundary fluxes by at least 30 percent, 1985;
• 2) Protocol on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, 1988;
• 3) Protocol on the Control of Emissions of Volatile Organic Compounds or Their Transport Streams, 1991 and some others.

Prior to that, back in 1963, the issue of international legal protection of the Earth's atmosphere was started by the Test Ban Treaty concluded by the leading world powers. nuclear weapons in the atmosphere, outer space and under water, which provided, in particular, certain restrictions on the nuclear weapons testing regime caused by the need to protect the air.

The importance of international legal protection of the ozone layer is due to the fact that it is this natural resource that protects the Earth from the damaging effects of ultraviolet radiation. However, at present the ozone layer has already been partially destroyed. This circumstance, first of all, is caused by the negative aspects of the industrial and other similar activities of modern mankind.

It was in order to protect the ozone layer in 1985 that the Vienna Convention for the Protection of the Ozone Layer was adopted. This industry-defining international legal document spells out the political and legal standards for international control over the state of the ozone layer, as well as cooperation between international legal entities in order to protect it.

Also in 1987, the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Montreal Protocol) was adopted. This Protocol appeared due to the timely awareness of the need for significant additions to the provisions of the 1985 Convention by the subjects of modern international relations. The Montreal Protocol, which has become a specific carrier of these additions, defines specific restrictions on the production of substances that adversely affect the state of this resource of world nature.

The 1992 United Nations Framework Convention on Climate Change dealt directly with the problem of ensuring international legal protection of the climate. This Convention determined the general provisions and main directions of cooperation of modern states in the protection of this, in many ways, key, category of world nature. This international document also established the principles and rules of the political and legal responsibility of states for the commission of actions that could lead to the onset of adverse consequences for the Earth's climate.

It should be emphasized that the industrial and other similar activities of mankind can significantly affect the global climate, and any drastic changes climate, in turn, can lead to such negative consequences as:

• 1) the appearance on the map of the Earth of new (including vast) deserts or areas practically devoid of water and vegetation;
• 2) a significant rise in sea level, and this can lead to the flooding of many spaces that have long been mastered by mankind.

Therefore, climate protection attracts the constant attention of the main international legal actors. In 1997 in Japanese city Kyoto, a protocol to the Framework Convention of 1992 was adopted, which obliged the so-called the developed countries, as well as states (countries) with economies in transition, to reduce emissions of greenhouse gases into the atmosphere (primarily carbon dioxide), which is the greatest threat to the planet's climate.

The norms and standards of the Kyoto Protocol are mandatory for the member states of this international agreement. At the same time, the importance and defining nature of this international political and legal agreement in the field of international environmental law are clearly visible at least from the fact that more than 190 states participated in this agreement (as of 2013).

Speaking about the protection of various (primarily rare and endangered species) representatives of the animal world, it is necessary to especially note the provisions:

• 1) "World Charter for Nature" 1982;
• 2) Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973;
• 3) Convention on the Protection of the World Cultural and Natural Heritage of 1972;
• 4) Convention on the Protection of Migratory Species of Wild Animals 1979

Thus, according to the fundamental sectoral provision of the "World Charter for Nature" of 1982, all living resources of the Earth should not be used by subjects of international relations (as well as by any individuals and legal entities) "in excess of the possibilities of their restoration" (Article 10).

The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, in turn, establishes the political and legal framework for controlling trade in endangered species.

The purpose of this Convention is to ensure the existence of wild species of animals and plants that are objects of international trade. Achieving this goal should be carried out through the implementation of international requirements for licensing and certification of trade in certain species of animals and plants.

At the same time, this Convention provides for certain sanctions in the form of establishing a system of fines, as well as the possibility of confiscation of prohibited goods from unscrupulous sellers.

The 1972 Convention on the Protection of the World Cultural and Natural Heritage is dedicated to ensuring international cooperation in solving the problem of protecting the habitats of endangered species of animals and plants, as well as natural complexes and ecological systems of particular importance.

Thus, the objects of legal protection of the 1972 Convention are both flora and fauna, and ecological systems of the world nature.

The legal standards of modern international environmental law especially highlight migratory species of wild animals as the most susceptible to negative impact from various factors (including human actions).

Animals - objects of protection of the Convention on the Conservation of Migratory Species of Wild Animals of 1979 include, in particular:

• 1) seals;
• 2) cetaceans of the Baltic and North seas;
• 3) bats living on the European continent;
• 4) Afro-Eurasian and Asian-Australian waterfowl;
• 5) white cranes.

International legal standards for the protection of flora emphasize the protection rainforest as one of the most endangered categories of the flora of the Earth. The solution of this problem (as well as the regulation of relations between states-producers and states-consumers of tropical timber) is devoted to international agreement Tropical Timber 1983

Also, the provisions of the International Plant Protection Convention of 1951, which provide for specific joint actions of states to combat the spread of diseases and dangerous pests among various plants, are of significant importance in the protection of flora.

The United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Especially in Africa, 1994, is dedicated to the international legal protection of the world's soils.

The emergence of this Convention was caused by a significant aggravation of the problem of land (soil) degradation in arid and semi-arid regions of the Earth (primarily in a number of African countries).

The Conference of the Parties, which has a full range of powers to make the necessary political and legal decisions in the scope of the Convention, has become the supreme body of the Convention. The Conference of the Parties,; abbreviated as COP), and the key subsidiary body of the Conference is the Committee on Science and Technology, whose task (in accordance with the provisions of Article 24 of the Convention) is to provide professional information and specialized advice on all scientific and technical issues related to combating desertification and mitigating the consequences drought.

In general, the problem of international soil protection is closely related to the problem of protecting climate, flora and world water resources.

Speaking about the international protection of the nature of Antarctica, it is necessary to point to the Antarctic Treaty of 1959.

According to the provisions of this Treaty, Antarctica is proclaimed a demilitarized territory, on which the construction of any military bases and facilities, as well as the conduct of military exercises and tests, is completely prohibited, which is essential, including from the standpoint of international environmental law.

In addition, this Treaty proclaims Antarctica a nuclear-free territory, which means a complete ban on the burial, storage and testing of radioactive materials and nuclear waste on its territory, which is especially important in protecting nature in this territory of the globe.

At the same time, a special place in the development of this international legal branch is occupied by the environmental protection activities of the UN. So, often, the most fundamental proposals and the most defining international political and legal standards in the field of protecting world nature are contained in the resolutions of the UN General Assembly.

In addition, the United Nations Economic and Social Council (ECOSOC) is actively involved in environmental and environmental issues.

A significant role in the protection of the global environment also belongs to other special agencies and organizations of the UN system:

• 1) United Nations Organization for industrial development(UNIDO);
• 2) the World Health Organization (WHO);
• 3) UNESCO;
• 4) International Agency for atomic energy(IAEA);
• 5) Food and Agriculture Organization of the United Nations (FAO).

There is also a special UN Environment Program (UNEP), which is actually a sectoral international organization, although legally it is just a kind of subsidiary body created in accordance with the resolution of the UN General Assembly dated December 15, 1972 No. 2997.

This "organization" (UNEP) has a primary role in promoting the development of international environmental law, especially in the development of international standards and the preparation of conventions in the field of ecology and environmental protection.

Other international intergovernmental organizations, primarily the OSCE, also play a serious role in international environmental protection.

This organization (Organization for Security and Cooperation in Europe) is the most concerned, with the exception of the UN, international intergovernmental organization of modern times with environmental issues. Protection of the world's nature (within the framework of the OSCE) is, first of all, ensuring environmental security on the European continent (OSCE is a regional organization).

Among the international non-governmental organizations involved in environmental protection (including the preparation (elaboration) of various legal initiatives), the most prominent role belongs to such an organization as Greenpeace(translated from English "Green World").

It is various international organizations that, as a rule, are the real “locomotive” for the development of such an important branch of modern international law as international environmental law.

The main problems of international environmental law at the moment remain:

• 1) insufficient protection of the atmosphere from emissions of various harmful substances;
• 2) insufficient activity of the governments of the states of the "third world" in the protection of the environment;
• 3) insufficient development of measures to prevent various man-made disasters and overcoming the consequences of these emergencies (PE).

In addition, it is impossible not to recognize the existence of objective contradictions between the socio-economic need for many states and their governments to intensify the development of industrial production in those sectors that can negatively affect the nature of these states (and, consequently, world nature as a whole), and also between the ever-increasing consumption on a global scale and the simultaneous decline of the world's natural resources.

These contradictions simply must be the subjects of constant work for all responsible subjects of international environmental law, which, however, does not at all guarantee their 100% resolution by existing political and legal methods and tools.