Environmental Law is only applicable for students enrolled in Higher Level (HL) ESS.
Guiding question
How can environmental law help ensure the sustainable management of Earth systems?
Knowledge statements for HL ESS only
HL.a.1 Laws are rules that govern human behavior and are enforced by social or governmental authority.
How laws are made – it’s a pretty straightforward title and fundamental concept to know before diving into the details of IB ESS HL.a Environmental Law.
HL.a.2 Environmental law refers specifically to the rules about how human beings use and impact natural resources, with the aim of improving social and ecological sustainability.
The Environmental Law Foundation has a brief video that introduces the elements of environmental law. The video is not on YouTube.
OECMs are sites outside protected areas that deliver the effective and long-term in situ conservation of biodiversity, support associated ecosystem functions and services, and promote cultural, spiritual, socioeconomic and other locally relevant values.
HL.a.3 Environmental laws can have an important role in addressing and supporting environmental justice, but they can be difficult to approve due to lobbying.
This short 2m34s video from Duke University (USA) outlines how environmental laws are connected to the concept of environmental justice, and therefore, environmental ethics as well.
This NRDC video explains environmental law as a natural outgrowth of the pursuit for environmental justice.
HL.a.4 Environmental law is built into existing legal frameworks, but its success can vary from country to country.
HL.a.5 Environmental constitutionalism refers to the introduction of environmental rights and obligations into the constitution.
Ecuador set the global standard for environmental constitutionalism, enshrining the rights of nature in its constitution over 15 years ago. You could build a powerful case study about Ecuador’s work in this aspect of environmental law.
HL.a.6 Environmental laws can be drafted at the local, national or international level.
The United Nations is probably the most obvious example of international environmental laws. This video is originally in Spanish and can also be watched in (dubbed) English.
HL.a.7 International law provides an essential framework for addressing trans boundary issues of pollution and resource management.
The Montreal Protocol is considered by many people to be the most successful international agreement in history. This 5-minute video is narrated by the masterful Sir David Attenborough. Watch it.
HL.a.8 UN conferences produce international conventions (agreements) that are legally binding, and protocols that may become legally binding, to all signatories.
HL.a.9 International agreements can generate institutions or organizations to aid their implementation.
You encountered the Paris Agreement (2015) in IB ESS Topic 1 and Topic 6. This short video summarizes how it works as environmental law.
HL.a.10 The application of international environmental law has been examined within international courts and tribunals.
The Indus Waters Treaty between nuclear powers India and Pakistan is a good example of environmental law being used in courts to enforce resource management across boundaries. This example has clear connections to IB ESS Topic 4.2 Water access, use and security.
HL.a.11 There are an increasing number of laws granting legal personhood to natural entities in order to strengthen environmental protection.
New Zealand’s Maori view the Whanganui River as a being with its own interests. The history of this river is is a great example of different perspectives (see IB ESS topic 1.1), and it’s essential for the establishment of legal personhood.
HL.a.12 Both legal and economic strategies can play a role in maintaining sustainable use of the environment.
This video from the Pacific Institute for Climate Solutions explains how carbon taxes and trading should reduce carbon emissions globally…
… and this video from The Economist explains why cap-and-trade schemes have not been as successful as hoped. Use both videos to evaluate climate change mitigation strategies for IB ESS Topic 6.3.
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