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What is a treaty?
A contract in writing between 2 or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.
United States..
Treaties become the law of the land & supersede any existing state laws based on the Constitution (Article XI)
Example: When President Reagan entered into the Montreal Protocol which involved mandatory reductions in production of CFCs and halons, the treaty became law. Therefore, a state legislature can't pass a law that would allow unlimited manufacture of those materials within the state boundaries.
In 2001, a new president took office and declared that the U.S. no longer intended to be a party to the treaty and the document would not be presented to the Senate during the new presidents term of office.
Environmental Problems
More and more problems are moving beyond the scope of national boundaries. Therefore, treaties are becoming more important in creating effective solutions.
Executive Orders
Executive order: an order having the force of law issued by the president of the U.S. to the army, navy, or other part of the executive branch of the government. Executive orders may also be issued on the state level by governors. Example:
President Clinton issued executive order 13123 "Greening the Government through Efficient Energy Management". This order promoted energy conservation in federal facilities by requiring a 30% energy reduction by 2005 among other things.
International Agreements
There is currently no international super-legislature or governing body to establish international laws. There is no effective mechanism for enforcing international agreements or law. There is considerable disagreement over whether or not there can ever be such a thing as "international law". So, how then do we address global environmental problems?
Addressing Problems
Currently there are two mechanisms:
1. treaties & other agreements entered into by nations or countries (conventional law)
made up of multilateral treaties and bilateral agreements trace beginnings back to the UN Conference on the Human Environment in Stockholm in 1972
Addressing Problems.
2. principles derived from long-standing practices of law (customary law) contains four basic principles that have come to be considered customary internal environmental laws:
1. no state is entitled to use its land in a way that would infringe on the rights of others 2. due diligence; obligation to protect the rights of other states 3. the requirement of the reasonable use of shared resources; equitable utilization 4. the duty to inform and cooperate; give prior notice of known
Major Treaties
Some of the treaties well discuss include
Kyoto Protocol: a UN treaty on climate change Montreal Protocol: treaty on CFC reduction CITES: bans trade in endangered species Basel Ban: amendment to Basel Convention which outlaws transfer of hazardous waste to developing countries