International Environmental Standards Handbook

Scott S. Olson

• Editorial: CRC Press
• Año: 2020
• ISBN:
  9780429525278
• Edición: 1
• Categoría: Diritto
• Categoría: Diritto ambientale

Lack of knowledge about, and noncompliance with, international standards can result in loss of sales and partnership opportunities as well as possible legal action. The International Environmental Standards Handbook provides the necessary historical background to understand the current status of international environmental standards. It contains copies of available treaties and provides coverage of laws and standards. The book offers strategies for designing and implementing environmental systems that will be internationally accepted. It includes a list of information sources and a directory of international environmental organizations.

Part I

Introduction to International Environmental Standards

1    Introduction

“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”

Principle 1, The Stockholm Declaration

Significant changes in the environmental field have required a re-evaluation of the environmental protection programs in place around the world. Although reductions in pollution levels have been realized in certain areas, necessary expectations for environmental protection have not been met in spite of extensive regulatory programs and cost expenditures. This book examines new approaches to environmental protection, including the emerging field of international environmental law and environmental management systems (EMSs). This book is intended for environmental professionals, regulators, students, educators, lawyers, business leaders, organizers, and others. It is intended to provide information on environmental protections programs, international treaties, national law, environmental management systems, and codes of business practice. As a student, use this book to assist in the research of international environmental law, regulatory compliance, or environmental management. Learn about existing principles recommended for businesses to be good stewards of the environment while improving efficiency. As a government official, use this book to stay informed about emerging strategies to address environmental problems from both business and other nations. As a business person or environmental professional, this book provides a host of references and materials to assist in program development. Educators may use this book for program delivery and reference. Individuals may learn the national and international efforts to improve the environment and determine the impetus for local programs. For a company to meet its environmental policy, they must urgently comply with environmental laws while developing and implementing an EMS.

As the EMS movement grows, students of the subject need a variety of resources to understand this new paradigm. Some people have found it difficult if not impossible to think beyond compliance and embrace the EMS or other system to improve environmental performance. This work identifies the important drivers for such an approach. Corporate environmental policies go beyond a system to comply with legal requirements into strategies to reduce operating costs and improve sales (Figure 1). Jennifer Kraus of Global Environmental Consulting Company, Inc. has provided insight into ISO 14000 conformance based on her many years of experience working with companies on EMS development and implementation. John Grosskopf, PE, DEE, president of Environmental Resources Engineering, has provided guidance to the approach of U.S. federal agency actions regarding the EMS and regulatory programs. Nancy Montgomery of Environmental Outsource effectively introduces the subject in Chapter 2. I wish to thank all the contributing authors for providing their valuable expertise.

Figure 1 Environmental Performance Chart

Transboundary movement of pollution and the desire to balance economic growth and environmental protection have stimulated a variety of actions from businesses, countries, states, and organizations around the world. Some involve national laws and regulations and others are in the form of treaties for environmental protection or promotion of balanced trade. Gatherings of country representatives in Stockholm and Rio de Janeiro have produced principles and proclamations that recognize the need for environmental protection and the right of individual states to exploit their own resources without damaging the environment of other states. The text of many of these treaties has been provided here as well as summaries of actions taken by key organizations of the world, including the United Nations and the European Union. The framework for the development and implementation of EU legislation is especially important even for local U.S. businesses. The doctrine of direct effect should stimulate regulators and government representatives to implement directives in their respective countries.

The internet has become such an important tool for business and was instrumental in developing this book. A list of internet and e-mail addresses for contacts around the world is provided in Chapter 14.

Environmental problems are situational and typically are addressed on an as-needed basis. These problems require analysis, planning, and action. This book has organized many of the international agreements and requirements by topic, including air pollution, water quality, and hazardous waste. These requirements and recommendations include guidelines, standards, laws, regulations, codes of conduct, treaties, protocols, conventions, guidelines, case law, recommendations, declarations, policies, agreements, measures, principles, reports, directives, or orders. Use this information to improve environmental quality while meeting strategic objectives.

Scott S. Olson

Littleton, Colorado

November 1998

Part II

International Conventions, Treaties, and Agreements

2 An Introduction to International Environmental Controls

CONTENTS

An Overview of International Conventions and Agreements

The Relationship Between International Trade and Environmental Controls

NEPA Influence on International Environmental Controls

New Tools for Providing Proactive Environmental Control

Conclusion

The World Resources Institute (WRI) publishes an annual environmental almanac in which a brief description of a country and a brief description of that country’s environmental problems are listed. For instance, the almanac noted that in Belgium, even though water protection laws have been in effect since 1971, these laws have not stopped steel factories from pouring waste effluent into the Meuse River. The river is the source of drinking water for 5 million people—yet it is highly polluted. The reason appears to be that the factories can afford to pay the penalties. “Fines are so low that companies would rather pay them than treat their effluent adequately (WRI 1994).”

Indeed, commitment to environmentally sound policy is as much a function of dollars as anything else. This is true in the United States. It is true in the international community. An examination of international environmental controls finds that the concerns and problems associated with finding solutions to environmental issues in the United States are essentially the same on an international level, although more complex. Why?

The elements that often influence our ability to find solutions to environmental problems include geography, politics, economics, and business. At the international level, these elements take on greater significance. For example, with regard to geography—Will a country located in a temperate climactic region understand the needs of a tropical region? For politics—Which countries are in a better position to influence the behavior of other countries? For economics—Should a poor, undeveloped country be expected to meet the same environmental standards as that of a vital, developed country? And for business—Can an industry in a country with environmental regulations (affecting the industry’s bottom line) compete with the same industry in a country with no environmental regulations?

It would seem at first that the differences are too extreme at the international scale to produce effective international environmental controls. However, environmental management has always involved an assortment of diverse opinions, needs, and requirements. Through a combination of scientific study, regulations, lawsuits, trial-and-error, and creative solution, humans continue to deal constructively with environmental problems. In that sense, it is no different at the international level. The system of current international environmental controls has evolved from a series of agreements, disagreements, improved communication, improved technological advances, and a growing attempt to meet the needs of the global community.

In this chapter, we will get an overview of conventions held to address environmental problems and the treaties and agreements made between various countries as a result of these conventions. We will learn that there is a strong relationship between international trade and international environmental controls. We will see how one environmental law in the United States has been adapted worldwide to aid in making environmentally sound decisions. And we will preview a new tool for looking at the environmental impacts of producing international products and services. In subsequent chapters, how these treaties, agreements, controls, and tools may affect your organization’s bottom line or mission will be explained.

AN OVERVIEW OF INTERNATIONAL CONVENTIONS AND AGREEMENTS

The past 30 years have brought a number of environmental issues to the forefront worldwide. These issues have been addressed, both generally and specifically, through a series of treaties and agreements between nations. In its 1992 report on world resources, the WRI observed that two main indications of any country’s commitment to environmental protection are (1) whether it collects and disseminates environmental information effectively, and (2) its participation in relevant international agreements (WRI 1992).

Before any agreement can occur, there must be an understanding of the environment. For instance, the collection and distribution of environmental information in various countries and regions has been a priority of the United Nations. In conjunction with the United Nations Environment Programme (UNEP) and the United Nations Development Programme (UNDP), the WRI recently collected data worldwide to establish both a baseline of environmental conditions and notable trends for the world’s natural resources (1992). This report focused on sustainable development in preparation for the then-upcoming 1992 United Nations Conference on Environment and Development in Rio de Janeiro, Brazil. The agenda items for this conference included degradation of the soil resource base, the greenhouse effect, and biodiversity.

In addition, other efforts to provide global baseline environmental information have been undertaken. The results of these efforts are found in publications such as the Environmental Data Report (which is published biannually by UNEP, WRI, and the United Kingdom) and the World Bank’s World Development Report (which, in 1992, focused exclusively on the environment). WRI is also involved in maintaining...

Índice

• Cover
• Title Page
• Copyright Page
• Dedication
• Author
• Table of Contents
• List of Abbreviations and Acronyms
• Part I–Introduction to International Environmental Standards
• Part II–International Conventions, Treaties, and Agreements
• Part III–Environmental Standards
• Part IV–Environmental Protection in the United States
• Part V–Sources of Additional Information
• Index