2.3 Protection of Different Environmental Media

2.3.1 International Watercourses and Lakes

The already-mentioned Convention on the Protection and Use of International Watercourses and Lakes reflects the modern development of international environmental law, by declaring the principles of precaution, the liability of the responsible and intergenerational justice as leading principles (Art. 2, para. 5), by providing environmental impact assessment (Art. 3) and containing broad cooperation obligation (Art. 9 ff.). Similarly, Convention on the Law of Non-Navigational Uses of International Watercourses, adopted in 1997, is incorporating the principles of balanced ( "equitable"), wise use division, which presupposes a cooperation among the participating States and more detailed provisions on cooperation obligations, as well as the already in the Trail Smelter –case expressed principle of avoiding serious damage. In contrast to the Convention on the protection and use of international watercourses and lakes the precautionary principle is expressed only with regard to the introduction of foreign species. States shall take all necessary measures to ensure the to prevent introduction of foreign or new species into an international watercourse that “may” have adverse consequences for the ecosystem (Art. 22).

Both conventions, however, refer to the principle of sustainability, which basically means a use within the limits of recoverability.

2.3.2 Pollution of the Seas

The UNCLOS (United Nations Convention on the Law of the Sea), adopted in 1982, confirmes the injury ban and provides (Art. 194 para. UNCLOS) the principles of cooperation and priority of the developing states (Art. 192 ff.). Furthermore, it contains general provisions, which support the prevention of pollution of the marine environment from land and from the sea used to protect the living marine resources (Art. 204 ff.). More specific provisions can be found in the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972; it has been recasted entirely, and the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as amended by the Prototocol of 1978. The latter is mainly due to the flag state principle. That means, breachings of the provisions of MARPOL are punishable by the law of the country whose flag the ship use or under whose authority it drives, regardless of where the offense is committed (Art. 3 and 4 MARPOL). Under the London Dumping Convention, it is essential, in which state a vessel is registered or whose flag it uses, in which state it invites dumping substances or finally which jurisdiction it is subject (Art. VII London Agreement). Specifically, in terms of oil spills to call is also the still not entered into force International Convention on Preparedness, Response and Cooperation in the Field of Oil Pollution, November 30, 1990 (ILM, vol. 30, 1991, 733) and the International Convention on Civil Liability for Oil Pollution Damage of 1992.

2.3.3 Protection of the Atmosphere and Outer Space

While the Convention on Long-Range Transboundary Air Pollution from 1979 contains only moderate obligations of states, the Montreal Protocol on Substances that Deplete the Ozone Layer, obliges the states in a gradual reduction of CFCs and a setting of the use of halons. An Implementation Committee, erected on its basis, monitors compliance with these obligations. The Framework Convention on Climate concerns are not covered by the Montreal Protocol greenhouse gas and is aimed at stabilizing greenhouse gas concentrations in the atmosphere at a level from, at which a dangerous anthropogenic interference with the climate system (Art. 2). The developed countries and others referred to in Annex I countries, such as Eastern and Central European countries, then reduce their emissions, so total and taking into account a certain backlog of developing countries the level of 1990 can be achieved again

The Framework Convention on Climate concerns greenhouse gas not covered by the Montreal Protocol and is aimed at stabilizing greenhouse gas concentrations in the atmosphere at a level at which a dangerous anthropogenic interference with the climate system (Art. 2) will be prevented. The developed countries and others referred to in Annex I countries, such as Eastern and Central European countries, then reduce their emissions, so totally and taking into account a certain backlog of developing countries the level of 1990 can be achieved again.

The UNFCCC was ratified in the shortest possible time by almost all countries of the world; the reservations are generally prohibited (Art. 24). This corresponds to the character of the Convention as part of the new public law which regards common interests and concerns of humanity ( "common concern"). The Kyoto Protocol to the UNFCCC from 1997 substantiates the reduction commitments of industrialized countries by indicating the pro government permitted emissions in the form of a percentage of the emissions of 1990. The European Community and its Member States have already ratified the protocol. The United States have signed the protocol, but refuse the ratification because of feared effects on the domestic economy.

Overall, the international environmental law is a very dynamic matter and, as indicated, in this area several characterizing principles have developed.