Environmental law is made up of treaties, statutes, regulations, conventions and common law that operate in order to regulate the interaction of human beings with the natural environment. Principally, environmental laws exist in order to guard destructive against human behavior on the environment draws considerations from the following five principles; ecology, stewardship, conservation, sustainability and responsibility. The observance of these principles ensures that man does not damage the environment at his own expense in accessing basic needs such as water, food and air as well as in the day-day human engagements such as commerce (Baker & McKenzie, 2007). These principles are interconnected in the two basic areas of environmental law; resource conservation and management and pollution control and remediation.
Ecology is the study of the relationships living things have with each other and with the natural environment. Ecology as a principle in environmental law is affected by the distribution, composition, amount and the changing states of organisms within a given ecosystem as well as the interaction of that ecosystem with others (Duffy, 2004). The relationships between ecology and law are contained in acts such as the Clean Air Act, the Clean Water Act, Land use legislations and the Resource Conservation and Recovery Act.
Conservation as a principle in environmental law is at the heart of the practices that should be upheld by all in order to ensure environmental sustainability. Conservation measures are a pro-active approach to the whole issue of environmental sustainability and should therefore be upheld universally. In fact, the law for enhancing motivation on the environmental conservation and promote environmental education. The law No. 130, effective from July 25, 2003 encourages environmental conservation activities through corporate, individual citizen’s awareness and willingness to maintain sustainable societies (Vig & Kraft, 2008). Basically the law advocates for environmental conservation through environmental education, environmental conservation activities and the encouragement of willingness for conservation (Law No. 130, 2003)
Stewardship encompasses the responsible planning and management of resources. Environmental stewardship is the responsible us and safeguarding of the natural environment through sustainable practices and conservation measures. In United States environmental stewardship is championed by the United States Environmental Protection Agency. The body maintains that environmental stewardship is the responsibility of all human beings. Stewardship bodies world over are sometimes constituted to advocate for people to take care of specific aspects of the environment such as marine life, endangered animal species etc.
Responsibility is the state of being accountable or answerable for ones duties. Responsibility as a principle in environmental law advocates for people to take charge of the environment. As such, the principle urges people to be answerable to anything that happen to their immediate environment. Closely linked to stewardship, responsibility is the blanket urge on all human beings to stop neglecting the environment. Environmentally responsible Individuals and corporate entities for instance plant trees once they cut down others, treat waste prior to releasing it to the environment among others. Environmental laws mostly enhance environmental responsibility.
Sustainability as a principle in environmental law can be defined as “development that meets the needs of the present without compromising the ability of future of future generations to meet their own needs” In environmental law sustainability is best captured by a series of groundbreaking legislations that called Our common future arrived at in Rio De Janeiro, Brazil 1992, Earth Summit. Several documents such as; The statement of Forest principles, the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCC) were signed to ensure sustainability of the environment (Duffy, 2004). The principle of sustainability enhances precautionary principles, the principle of integration, the polluter pays principle and the principle of intergenerational equity.
Pollution control laws address concerns in air and water pollution. According to Duffy (2004) the federal government enforces pollution control laws through the US Environmental Protection Agency (EPA). The body ensures observance of the requirements in the Clean Water Act (CWA), the Clean Air Act (CAA), the Comprehensive Environmental Response, the Liability and the Compensation Acts. The acts attempt to balance resource the benefits of economic utilization of resources with preservation. The laws are implemented through the federal and state government agencies, the local governments, the administrative law judges among other agencies. The need to have several bodies in the enforcement of laws increases their adherence by the affected parties. The benefits of the pollution laws are increased environmental sustainability as well as balancing economic exploitation of resources such as minerals.
Environmental politics and policy: United States, Germany and Japan
Industrialized countries such as United States, Germany and Japan are important in the global environment policies. United States has more than 300 million people; Germany has more than 80 million while Japan’s population is more than 130 million. The environmental policies these governments institute influence international environmental protection efforts. The pursuance of environmental policies by these countries differs in enthusiasm mainly due to the influence from politics. Japan, Germany and the United States are highly industrialized and contribute about half (49.63 %) of the global Gross National Product (GNP). For every 100 inhabitants in America there are 80 cars, Germany and Japan have 54 and 56 cars for every 100 inhabitants. The annual municipal waste per person is 720 kg in US, 460Kg in Japan and 400 Kg in Germany ( Schreurs, 2003). These developments contribute massively to environmental pollution and therefore there is need for these governments to institute policies to look into environmental issues. The extent of environmental pollution in Germany currently threatens 68% of the fish species and 37% of the mammal species with extinction. In the US and Japan 10% and 8% respectively of the mammals are threatened with extinction (Schreurs, 2003).
The three countries are some of the greatest funders of international environmental protection efforts. Japan is largest funder, US is the second while Germany is the fourth. The German government allocated $5.515 billion in bilateral foreign aid to environmental policies foe overseas countries. Japan and United States spent $ 15.323 billion and $9.145 respectively on the same policies (Schreurs, 2003).
The three countries also dominate in policies to regulate the purchase and utilization of technologies and services that ensure environmental sustainability. US, Japan and Germany spent $80 billion, $30 Billion and $27 billion respectively (Broader, 2009). Moreover, the three countries provided the largest markets for environmental equipment and services. The use of extensive environmental regulations, technological knowhow and research capacities have set examples in terms of policies for other states. The countries also provide technical and financial assistance as well as ideas in policy formulation for other countries.
Germany funds close to a third of the European Union’s budget, a large proportion of which goes to fund environmental policies of other countries within the European Union. The Japanese government is also massively involved in the formulation of environmental policies in Asia where it has concentrated most of its investments. The status of the United States as an economic and military superpower also means that the country affects environmental policies on the global scale. The participation and decision of the United States, Germany and Japan were widely anticipated during the recent Durban environmental conference. However, the failure of ht e three countries to ratify the Kyoto Protocol through homegrown policies and political goodwill was a big blow in the fight against greenhouse gas emissions.
The United States is affected by a neo-liberal economic paradigm shift which motivates its trade policies. These developments are affecting the policies that the US implements in environmental policies. The US environmental groups must prepare to work in system where there is competition. The politicization of environmental issues and the delicate balance between economic exploitation of the environment and preservation have intensified competition between environmental agencies. The agencies compete for funding from the government opening up loopholes and diversion of interests from the sole agenda of ensuring environmental sustainability.
The environmental sustainability efforts in Germany are also affected by social market economics. Issues such as unemployment and health influence the priorities of the government. The precautionary principle passed during the Rio De Janeiro Environmental talks has become increasingly institutionalized. Unlike US, Germany has not implemented deregulation in the implementation of environmental policies. Germans are still heavily taxed while the government’s effort to tame market forces still remains high. The government implements these strategies to promote environmental protection and social equity. The need to sustain the environment while maintaining international competitiveness strains the German government’s budget.
The Japanese government on the other hand has embraced considerable deregulation to accommodate environmental concerns. In Japan environmental issues are linked to the country’s issues with the foreign policies and energy requirements. Unlike Germany and US, Japan is not opposed to environmental policies such as the Kyoto Protocol. According to Schreurs (2003), this is because of the environmental issues that Japan has faced in the 1960s and after the twin bombings at Hiroshima and Nagasaki.
There are political parties to push the governments to implement environmental policies. Germany has the Green Party to champion environmental issues; while the US has a large community of environmental NGOs that push Washington to respond to environmental concerns. Japan has only a small community of NGOs that are pro-environment. Several ministries such as the one for international trade and industry, ministry of construction, and those of Agriculture, fisheries and forests all spearhead environmental concerns in Japan. The recent creation of the Environment ministry in Japan indicates is commitment for sustainable environment.
Baker, D. & McKenzie, T. (2007) the Environmental Law Framework for Sustainable
Development – Principles of Sustainable Development in International, National and
Local Laws Ilona Millar, Senior Associate. TX.
Duffy, R. (2004) the Green Agenda in American Politics, Chs 4, 5, 7 (82-163, 196-210)
Schreurs, M. (2003) Environmental Politics in Japan, Germany, and the United States
Cambridge University Press.
Broader, J. (2009) With Something for Everyone, Climate Bill Passed, July 1, 2009, New York
Times
Vig, M. & Kraft, S. (2008) Environmental Policy: New Directions for the Twenty-First Century,
CQ Press, 7th edition. NY
