The Essay Explores The Link Between Green Energy Policy And Climate Change Law.

1 . Account for the linkages between green energy policy and climate change law and discuss the gap and challenges in achieving greater policy coherence between the two regulatory efforts.

2. The WTO agreement on goods is sufficiently flexible to promote renewable energy and energy conservation efforts for sustainable development" Critically discuss.

3. Explain the concept and characteristics of a 'green economy' and discuss the role of law in promoting renewable energy at a domestic level to achieve a 'green economy’.

4. Discuss the sources of finance for clean energy projects in developing countries and critically examine the challenges facing these countries in attaining development goals within the financing structure.

5. Critically discuss the implications of energy security in energy governance and recommend ways in which sustainability law can address energy security threats.

6. "The geopolitical factors and domestic economic conditions that underlined the 'sovereignty over natural resources' principle in the 1960s, have shaped international energy relations and institutions and pose barriers in achieving global energy regulation to combat greenhouse gas emissions" Critically discuss

7. Critically examine a national electricity regulatory framework of a country of your choice and discuss the framework’s effectiveness for promoting a sustainable electricity project or economy.

Environmental Law and its History

Environmental law or the law for environmental and natural resource protection is a collaborative term that tends to address human activity and its effect on the environment.  Growing level of business and manufacturing industries has direct impact upon the procurement of natural resources.  The need for limiting the waste of used resources and manufactured goods that has the possibility of harming the nature thus entailing the degradation of the amount of natural resources such as forests, minerals, the life of aquatic animals and wildlife is necessitated through the making of environmental law. The history of environmental law is experienced back to 1848 during the Victorian and highly industrialised England when the River Thames was intoxicated with the constant dumping of the sewerage. Though the Sewers Act of 1848 was an utter failure, it actually paved the path for further stringent laws pertaining to the environmental protection, such as Clean Air Act of 1956. It has been the responsibility of the international organisations like WHO and World Bank to ensure the sustainable growth of the industries and public living without hampering the balance of the environment.  The essay looks into the enactment of laws and legislations headed by different international organisations in order to solidify the objective of healthy living environment in the surrounding of people.  In order to concern the public health for the future generation, the United Nations has evolved with a new program called United Nations Environment Programme that sought for the study and implementation of sustainable development.  The term became a prime concern for the future generation of the world who are supposed to be at the verge of danger.

The essay covers up the discussions pertaining to the international organisations like WHO (World Health Organisation), IMO (International Maritime Organisation), UNESCO (United Nations Educational Scientific and Cultural Organisation), ILO (International Labour Organisation), ICAO (International Civil aviation Organisation) and ECE (economic commission for Europe).  Regulation and enactment of the environmental law is driven through the hegemonic legislations that need to be followed by different working sectors while performing business. Making of such laws depends on the study and intelligibility of the organisations so that proper circumstances are taken into consideration.

The organisations can be categorised into the different segments. According to the genre of legal policy making process, the organisations can be segmented into the following categories: i) global policy making organisations ii) treaty management organisations and iii) Ad-hoc conferences, committees and subsidiary bodies.

International Organizations and their Role

The essay tends to establish some certain information pertaining to the law making procedure and the role of the international organisations in doing so.   Since the world, in the age of globalisation tends to embraces the growing urge of industrialisation, it has passively rejected the natural and environmental balance that undoubtedly cost human life.  In order to maintain the value of the term sustainable development, international organisations with the generated idea of United Nations have been trying to avoid environmental degradation and fatality. A health environment and stable economy is the lifeline for a civilisation. Federal government of most of the developed countries strive to bring back the balance they lost during the industrial boom. Therefore, the need for encating the environmental law has been accelerated and spread all over the world. The essay, hence, tries to put a light into the complex system of generating and enacting law pertaining to the environment and the responsibilities of the business organisations who deal with bigger range of production and supply business.

This is the touch stone portion of the essay that discusses the key points of the topic. The essay carries on discussing different sub points of the role of international organisations in making environmental law. It caters different types of global policy making organisations like treaty making organisations and ad-hoc conferences, committees and subsidiary bodies and the NGOs.  It will go on understanding the roles of the NGOs in making the environmental laws and spreading them in case of further amendments.  The essay also looks into the universal perspective of articulating the facts related the implementation of the laws. It further tries to identify the participatory powers in the making of law and implementing it to the global aspect.  The essay pulls out the examples of opting out, Tactic consent and Sovereignty safeguards for the legislatives and the consents for the enactment and implementation of the environmental laws. The grey areas of the quasi- legislation is also going to be identified with profound study of the legislative circumstances and the clauses of the treaty among the international organisation. The influence of direct legislation shall be the integral part of the essay as it moves on the discussion the entire process of law making, conceptualising of the future ideas and its application in the world environmental zone.

  As discussed above, there are different organisations that not only amend the laws for the global perspective but also take care and adhere to the laws set to concretise the value of the consensual treaty among them. the law making organisations can be segmented into the following two categories:

1. i)  Global Policy Making Organisation
2. ii) Treaty Making Organisation

Policy Making Organizations

The most influential international organisation in suggesting or making law is the United Nations. However, the other organs are responsible for dealing with different systematic legislative works. It is known that most of the law making processes are executed by the affiliated and subsidiary organisations. There is a common perplexity pertaining to the influential activities of the General Assembly and the Security Council, however, these deeds are not performed by the same. They are driven by the Intergovernmental negotiations among United Nations Environmental Programme (UNEP), Economic Commission for Europe (ECE) and Food and Agricultural Organisation (FAO). However, the participation of FAO is seen in the occasional purposes specifically during the amendments of the agricultural acts.

There are some specific global policy making organisations like: International Atomic Energy Agency (IAEA), International maritime Organisation (IMO), World Health Organisation (WHO), World Meteorological Organisation (WMO) and food and Agricultural Organisation (FAO). There are number of provisions that the organisations contain that are related to the process of international law making. The constitutions of the these organisations are laid down upon the mandatory practices of protecting the environment in its utmost level. They are bound to amend the law in order to protect the health and property of the environment.  In case of the IMO, the amended constitution provides assurance pertaining to the adoption of highest executable standards of policies in terms of maritime safety. It ensures that the pollution in the aquatic fields caused by the commercial ships are taken under control.

On the hand the functions and the responsibilities of the International Atomic Energy Agency is to amend the constitutions in order to get total control of the global health issues caused by atomic energy emission.  It covers the entire segment of life and property of common people.

WHO (World Health Organisation) on the other hand, looks after the promotion and improvement of the healthcare issues of day to day life of the common people in different organisation. It also deals with the activities of medication and health care organisations of different countries. The constitution of the WHO is amended to improve the standards of sanitation and other segments of the environmental hygiene. The constitution of FAO promotes the conservation of natural resources in terms of agricultural process improvement, whereas, World Meteorological Organisation (WMO) amends its constitutions to protect the overall components of the environment i.e. water and air in terms of their influence upon basic economic activities like agriculture and gathering.    

Treaty Management Organizations

Apart from the so called traditional organisations, a number of governing bodies are established and empowered to take certain decisions pertaining to the consensual performances while coordinating international treaties. They are entitled to implement certain substantive treaty provisions. They objectify to manage certain global, regional and sub-regional resources. They are specifically concentrated to manage the  treaties among the organisations in order  to form and regulate the laws for different aspects. However, there are number of organisations that are formed to focus on respective issues. While the policy making organisations are found to participate in the formation and regulation of laws through the enactment and implementation of the secondary legislation, the treaty management organisations are found to adopt the technical regulations of the amendments decided in respective treaty. Although the legal capacity of the treaty management organisations in the international relation is questionable and much debated, they have been working as one of the integral part of the entire process of law making. So far the process is concerned; these organisations are part of some governing bodies that have the right to raise questions and advices regarding the change in the environmental laws thus venturing for treaties among the parties.  Their treaties are much like the regulations taken in different conventions of the conferences of the parties. One of the major examples of these types of organisation can be the International Sea-Bed Authority.

While the treaty management organisations have the permanent organs to manage the treaties, the ad-hoc conferences lack this advantage. This is the basic difference between these two working organs on international law enactment.  The committees are known as the international negotiating committees. Although they do not have specific and permanent organs, they are restricted to work within a particular session determined by the governing authorities. The structure and working format and rules of these conferences are meant to follow the ad-hoc mandates.  On top of that, the non-established institutions working under intergovernmental convention take part in the process of law formation and enactment. As a matter of fact, these organs are not accounted into the composition of international organisations.  They are rather the auxiliary entities of the prime organisations.  Establishment of UNEP under the United Nations General Assembly Resolution 2997 can be an apt example of this type of committees. Other instances can be the sponsorship for the Economic Commission for Europe and United Nations Economic and Social Council (ECOSOC). These different legitimate organs of the international organisations are entitled to make individual decision pertaining to the institutionalisation of laws on environment. Organs like UNEP have the right and power to invite the governments to participate in the discussion and the conferences in the form of debate where the amendments are made according the consequence and gist of the discussed topic. An ad-hoc panel of the judges or the experts are formed in order to bring out the result of the discussion. United Nations General Assembly Resolution 2997 does not endow with the permanency of the law making modus operandi that needs to be institutionalised. This is highly witnessed in case of world Health Organisation; International labours Organisation and the United Nations Educational social and Cultural Organisation.

Ad-hoc Conferences, Committees and Subsidiary Bodies

Although there are different self empowered international organisation that have been enforcing laws pertaining to the protection of the environment, the enactment and implementation faces hindrances in different countries because of political and non-political reasons. Since political and social atmosphere of different countries differs, application of such laws needs thorough understanding of it. Protection of the global environment is totally dependent on the scientific interventions and the infrastructural conditions of different countries are not at all same. Taking this in account, it can be said that local interventions are required t revise the laws according to the reading and affordability of the countries and local communities.  Domestic legal system faces many challenges while maintaining balance with the international ones thus, in need of weaving all the domestic legislations in application of the environmental protection laws into one sinlge platform, the International Organisations often refuge help from the leading and authentic non-government organisations working in respective countries. there are few factors that help the NGOs work with adherence to the laws enacted by the local governments as well as the laws enacted by the international organisation in a generic level.  The aim of the practice is to address the agenda foreseen by the international organisations in terms of overcome the political and non-political constrains prevalent in different countries. For instance, world class water purifying and dump re-cycling system is not adopted by many of the third world countries in the world.  This is because of lack of local infrastructure and lack of enthusiasm from the local government and public organs. In this case, the NGOs take major roles in order to encourage the provision of such prescribed infrastructural advancements.  

It is true that the NGOs lack legal are devoid of legal entity in terms of the theory of international organisations driven by the classical international law. On the contrary the growing status of the NGOs is accelerated through the advantage that they lack the formal status thus extending the boundaries of political limitations of them. The instance of the United States has been repeatedly taken into account where the participation of the NGOs in the enforcement and application of the international laws pertaining to the environmental protection have been supported by the citizens. Public intervention on the empowerment of the non government organisations have been modelled by many of the countries where the domestic and international NGOs seek the legal permission to employ same kind of legal and political weight. However, the problem lies in the fact that the legal status of the NGOs in different communities and the countries is different. For instance, the NGOs in the United States have unsubstantiated constitutional status. They are subject to the restraint of the legal and political route. It has two fold consequences; the NGOs are at the leniency of the international organisation in terms of the participation in legal system, on the other hand, their being deficient in of the legal status gives them an unconstrained role by the law.  The accomplishment of the NGOs is accelerated though the direct partaking in the domestic legal system and law enforcement practice in both the international and domestic level .

NGOs and their role in Environmental Law

The priority to the international environmental is the perfect example of the participation and direct involvement of the NGOs.  The role of the NGOs have been specified and experienced from the Stockholm conference of 1972. From that time the NGOs have been participating directly in ensuring the implementation of the international policies and institutionalisation of the international law in terms of environmental protection. Since then, the NGOs have received political legitimacy and an ultra edge in supporting the policy and driving them to the social level.  Blend of substitute perspectives into tapered operational programmes has extended the roles of the NGOs in different legal aspects. In this case, the NGOs are responsible to legitimise the actions through social intervention and edification of the citizens. Though the NGOs are not directly involved into making or enforcing the lows, they are the driving force in conveying those laws to the domestic level and help the domestic authorities in building required infrastructure through raising fund and public interest. Since the domestic NGOs are aware of the domestic democratic conditions, it is easier for the international laws to be implemented in accordance to the mode of democratic behaviour.

Another major role defined by the NGOs is that the conditioning application of the fresh alternatives. Most of the government bodies in domestic and national level are seen to take serious initiative in this case as they often pursue short-term economic development.  Alternatives like sustainable development are hardly initiated by the local government bodies as it does not provide support to the extreme industrial development. Once, the implementation of the high-speed train from Madrid to Seville in Spain was highly criticised by some of the Spanish NGOs. They raised a question on the governments’ contribution on the sustainable development in Spain in the rural areas.   Their participation and practice of the rural and urban market development in Spain in the coastal areas ensured strict living and controlled conditions of the urban dwellers. Since market places are highly contradictory to sustainability in sense, the NGOs have been strictly focusing on the Spanish citizens to take hold of the situations. Another success story of the NGOs can be chronicled in the history of World Bank’s initiative in restricting social practices on degradation of the environment. The non government organisations in the United States lobbied the World Bank and brought out legislation to restrict the public life to certain level so that they do not affect the environment in a greater sense. In the year 1986 the sustainable development initiative was first legally ratified by the NGOs in a social level. It can thus be said that the role of the NGOs is highly valuable and effective in the enforcement of international law that is generated from the international organisations. Laws cannot be implemented since there is no social participation of the organisations. The non government organisations only ease the work for them.

Universal Perspective of Implementing Environmental Law

There are basic three techniques in the course of law making-

1. a) Participation of the organisations in elaborating the conventions in order to the proposed ratification.
2. b) Legislation or the enactment of the rules by the international organisations pertaining to the rules and clauses
3. c) Generation of quasi- legislation and the treaty making
4. a) In the first category, the organisations take part in the amendment of the environmental conventions objectifying at the ratifications or authentic treaty or agreement among the organisations. The process is overseen or supervised by the principle of consent. The already set rules designed in the Vienna Convention’s Laws of Treaties of 1969. The process of treaty making needs to be approved through those principles of ratification.
5. b) In the second category follows the act of legislation. In this case an international organisation enacts the rules without requiring the act of approval or consent.  this is regulated on the basis of considering the majority of rules that closely attaches the minority of the rules with the consensual act of ratification among the organisations. Since the legislative act is not reversible, it is generally adopted on the prime basis of the majority of the rules in the Law of Treaty. The unilateral character of the legislative rule and the majority clauses of the Treaty Laws are mingled together so as to strengthen the power of legislative acts. As per different constitutions and their instruments, the legislative law can only be enforced if the new legislative amendments receive majority of the votes or the consents. The application of the principle is quite a composite process that exists between legislation and treaty making.
6. c)  There is another type of law making that is called quasi-legislation. It is conveyed during the post adoption period of the legislation by the most competent body of the organisations.  There are certain conditions applied to the quasi legislative approach of law making. If the competent organs of an organisation feel that there is no need of individual ratification, it can opt out the newly amended legislation. In this case the states are not bound to go against their wills .

The law-making activities are influenced by the participation in intergovernmental treaty making. Though this process does not include real law making procedure, it has the involvement of inter-state law construction within an international organisation. International organisations advance different environmental rules that are discussed and enclosed in a convention. Such type of participation in treaty making is generally instituted in the constitution of the International Labour Organisation, International Maritime Organisation and United Nations Educational social and Cultural Organisation.  Intergovernmental treaty making process is facilitated through main two processes. These are the i) forum role of the international organisations and ii) the participatory powers.

1. i) Forum role of the International Organisation:

This process is widely known in the intergovernmental treaty making process. It provides he body with a logistical function of the secretariat. It catalyses and facilitates the entire process of negotiation. Before understanding the role of the entire forum, one needs to have a clear idea about the role of the secretariat. The functions of a secretariat are the gathering and circulation of the documents, convention of the meetings and provision and translation of the services. The core function of the forum is to mobilise the relevant data to the higher governing body. In accordance to the governing head and his or her personality of the organisation, the sponsoring activities are performed.  The sponsoring activities also comprise of the personal intervention of the head of the sponsoring organisation.

The role of the forum is overseen by most of the international organisations. In the year 1986, the forum for the Vienna Convention on the Notification and on Assistance in case of a Nuclear Accident was IAEA (International atomic Energy Agency).

1. ii) Participatory Powers:

Apart from the sponsorship of the international programmes, the international organisations empower some of their organs in order to constitute the drafting process. The process of empowerment falls upon the member states. For example, the constitutions World Health Organisations and the International Labour Organisation oblige their member states for the submission of the proposed text and decides the approval of those texts in application to the real law making procedure.

The roles played by the NGOs are quite similar but more powerful than the role played by the public interest accuser in internal law. In the internal law, the public interest gives the court a neglected statutory. The critics have pleaded to the international agencies to allow the far-reaching NGO participation. As far as international platform is concerned, a more superior role is played by the NGOs. They provide a fundamentally  a different outlook from the ones pleaded by nation states. The critics of international law making say that, it is very much restricted by the state authorities that gives the states the power to give priority to the matter of states in the international discussions. The NGOs are not pledged to support the interests of the state. They can voice for an international outlook. The role of presenting the neutral scientific information for breaking a deadlock over the science of a matter that, environmental issues are not compromised upon.

Participatory Powers in Law Making

The other side of this superiority is it creates conflicts with the scientific matters as well as legal matters that are not related to environment. The   Kyoto Convention 1992 on international trade in endangered species puts light on the problem of NGO inflexibility. Many south-east African countries desired for the relaxation of CITES ban against illegal trade of elephant hides and tusks. Many wildlife conservation NGOs opposed the the relaxation, which was supported by the senators.

Apart from assigning the task of drafting an international agreement, to an organization, some constitutions assign tasks for member states concerning the next steps in the process of law making law. Therefore the WHO and ILO legally bound their member states for submitting the approved text to the responsible national authorities and also a report has to be given to the organization about the measures taken. For cases of non-ratification, reasons are to be outlined. In some cases the organizations are granted power to approve norms that might be implemented later, to procedural rules of the treaty-making process. By two-third votes of the majority, the General conference adopts a convention. For thorough preparation of technical aspects and sufficient opinions of the members, the ruling body makes rules for the preparatory conference.

In the General conference of UNESCO, it is important for the member states to take the conventions before the national authorities responsible for implementation of the legislation within a period after it has been adopted. The Director General of ILO needs to be informed of the measures that were taken. If no approval is obtained, the members shall inform the Director- General of the national law and he need to be informed about the delay in approval. If the members get approval from the concerned authorities, they must inform the Director-General about the formal approval of the convention, and in order to make the provisions effective required measures should be taken. It can also be said that it very important for the governments to approve the conventions accepted by niche legislature. The protocol for adopting the conventions is laid in a detailed manner by the standing orders of the conference.

When the norms laid do not need an approval by international organizations, for adopting the regulations by international organizations is dependent on the tendency of members to opt-out. This can only be done by, states informing about their incapability to put into effect a regulation, in writing to the secretariat or the depository, within a certain period. Therefore, the incapability of the states can act in favor of enactment of the rules that demands negative notification in scenario of rejection instead of effective actions. The majority needed for adopting regulations can be simple majority, two-third majority, three-fourth majority, and even ninth-third majority of votes. The chances of ninth-third majority votes are very less.

Examples of Opting Out, Tactic Consent and Sovereignty Safeguards

This procedure is augmented by putting a protection against states. For example, a majority of opt-out notifications can disallow the regulations from coming into effect. This type of “prohibitive-quorum” balances the veto right of a particular majority. Even there are situations when a positive quorum of consenting participants is essential for the regulation to be enforced either, by ascertaining the number of participants that are not opting-out or by a number of positive notifications pointing out a direct will to be bound. In other scenarios, the agreement of other international organizations needs to be procured. The participants of different bodies with different blends, in adopting process, guarantee the combination of different interest groups. Another protection is the surety of reciprocal opting-out . It is done by informing others that a participant is opting-out and hence extending the period, which allows other participants to opt-out in reciprocation.

The organizations like ICAO, WHO and WMO first laid the regulations of opting out in their constitutions. The article 21 in concurrence with article 60 of the constitution of WHO  states that,  the health assembly is the authorizing body for adopting regulations by majority of votes apart from that sanitary requirements and standards of purity of biological and products are concerned. This regulations are applicable to all members except the members who informed the Director- General about their non-acceptance. The International health regulation made a slight change to this procedure by suggesting that reservations will not be valid if rejected by health assembly. Even after the objection of the health assembly if the reservations still exist, the regulations will not come in to effect for the members who made reservations. Thus the member state will not be allowed to change the elements of the regulations by creating selective reservations.

The authorizing body for adopting international standards by a majority of two-third votes and to appoint them as annexes to Chicago convention, is the council of ICAO that has limited members. Article 38 of the conventions has regulations for opting-out, any state that finds it not practical to adhere with such standards should give information as early as possible to the ICAO about the variations with respect to its own practice. An annex will not be active if within a period of three months after the submission, a majority of participant states, file their disagreements with the council. It is a case of prohibit quorum. In case of ICAO, the organ with limited membership is given to the law-framing authority. Hence, the committing states increase the influence by the decision of a body that they are not representing. IMO and its committees acts an alternative forum for revising the MARPOL convention. Revision of the annexes adopted by an organization, are issues of an opting-out process. Participants can either declare their rejection  about the changes or just give their necessary approval. Changes shall not be considered accepted if majority of one-third participants or participants whose combined merchant fleets, contributes to minimum half of the gross tonnage, of the world’s merchant fleets who have objected (Prohibitive quorum). IMO’s Marine Enviornmental protection committee has revised its annexes to MARPOL that came into effect in March 1996.  The opting-out process is also made for changes that were accepted by IMO to OILPOL. In this procedure, a safeguard mechanism is also included to make sure that the obligations are equally applied with an aim to avoid selective approach of the states that influences the equilibrium rights and responsibilities of the convention. By a majority of two-third votes, the assembly of IMO may vote in synchrony with two-third contracting participants, determining that the changes made are also important to the contracting parties that are using the opting-out procedure should not be a participant to OILPOL. This allows the contracting party to exit as opting-out procedure was approved by the IMO.

Quasi-Legislation and its Grey Areas

The opting-out process has some grey areas, which can be seen in some of the conventions that do not provide  approval but requires the consent of the participants directly expressed in the adoption procedure. In other conventions, tactic consent is made, but a single objection is enough to stop the regulation from coming into effect. The International Commission for Protection of Danube river revised the annexes I to III of the Danube River Protection Convention by the majority of four-firth votes, when a general agreement is not obtained. This type of amendment becomes bound to only contracting participants who voted for it and did not choose to opt-out within the mentioned time-period. Hence, the participants are not bounded by tactic consent but by directly giving their vote for amendment. The Convention on the Protection of Marine Environment of the Baltic Sea Area, the Baltic Marine Environment Protection Commission (HELCOM) may make changes to its annexes. Such changes will be considered to be accepted after a period certain time, if there is no objection from contracting participants within that period. Although the the changes can be adopted only by general agreement, that is something that opposes the term “legislation” as stated above no direct approval is required if no one objects. A provisional quasi power has been vested to the council of International Sea-Bed Authority. In UNCLOS the council can adopt as well as apply the conditionally, hanging approval of the assembly, the procedures, protocol and policies about searching, exploration and exploitation in this field. The decision will be made by general agreement. The term is explained as absence of any formal objection, therefore it requires “only” tactic consent. If a formal consent predictable for adopting a proposal, a resolution procedure is provided by the convention for bringing forth a proposal which can be adopted by general agreement.

The concept of direct legislation highlights the legislative actions undertaken by international organization considering the administrative matters. While taking decisions, the procedural rules have significant impacts. However, the system of voting has been fixed from beforehand. As environmental issue is a major concern globally, different organizations have set rules for the protection of the environment. According to reports, the parent organization has the authority of forming such laws that the subsidiary organizations implements. While developing the environmental laws for the organizations, the financial aspect has to be taken under consideration. The Global Environmental Facility is of utmost significance other than making decisions regarding the funds for compensating accidents. GEF considers allocating funds for the activities related to the protection of environment within the organizations. Conferences of the Parties decide the eligibility of the organizations to access the financial resources. Other than unilateral acts, there prevail different agreements between the agencies and MOU’s. The organizations or competent decides agreement between the agencies based on the treaty-making authority or power. Therefore, the environmental treaties includes majority of the in administrative matters. In the case of resource management other than national jurisdiction, international organizations have to act according to the rules of the environmental protection. However, imposing new obligations is prohibited by the international organization on the state. For example, the Mediterranean Fisheries Council can alter two—third of the constitutive agreement but additional obligations on the state are not facilitated. Moreover, other alternations can come into action only if individual members accept the alternation.

Direct Legislation and its Influences

Indirect legislation is defined as the legal principles declared by other parties to whom law-making power is confined by the legislature. In direct legislation consists of the rules and standards that generally differ based on the parties. The two different types of references applicable for indirect legislations are dynamic and static. Under such circumstances, the standards undertaken for future purpose are considered whereas at certain instances for previously existing regulations along with rules references are generally cited. Persuading is another significant property of indirect legislation that highlights the concept of threatening the international organizations if they fail to agree to the set rules and regulations by eliminating their benefits on refusal. In fact, organizations or states that decides to use the benefits needs to implement the standards to qualify for the eligibility criteria. The frequent application of this can be seen while taking decisions in terms of distributing financial funds, natural resources and other related services of the organization. For example, indirect legislation is applicable by World Bank, IAEA and highly Migratory Fish Stock.

Somewhat relevant procedure of de facto application highlights controlling of port state. For example, ships fall under the jurisdiction of flag organizations or states. The rule is not applicable if the flag state disagrees to follow the international rule. Moreover, the rule cannot be implemented if port state has the right to investigate the offenses. Though the flag states are informally bounded by the standards and rules, if a ship wants to land or unload it, it has to follow the international rules automatically.

1. a) Incorporation by Reference – Some Examples

Internationally accepted standards and rules are formed by the international organizations along with the internationally decided standards, suggested practices and rules. The Convention on the Law of the Seas remits to these set of rules. At certain instances, the above-mentioned standards and rules are regarded as compulsory basic standards for the regulation of the state. However, at times, for the UNCLOS parties, it acts as guidelines. For example, according to Article 211, the flag state needs to consider the laws for controlling the pollution of the vessel that needs to have similar impact as already granted international standards and rules. Coastal states gave their authority for regulating pollution from vessels for co- operation with the competent international organisation and implement international rules and standards. It’s not duty of Foreign vessels to look after the construction and equipment standards. Pollution through atmosphere, states only follow international rules and standards thus they have some freedom for it. ‘The Competent International Organization’ only referred to shipping norms, which referred rules and standards in other environmental convention or so called soft law that became mandatory. Rules and standards are different according their interpretation where they deny to access the disputed guidelines through a simple or two thirds majority votes which not followed by uniform state practice.

Specific Global Policy Making Organizations

The convention about Oil Pollution Preparedness, Response and Co-operation are appointed under IMO in 1990 soles the problem or disputes of interpretation. They contains a list of instrument development in a Conference Resolution which must obey oil pollution emergency plans and restricts IMO’s discretion according the provision of Regulation Of Annex I of MARPOL . Other references in the Convention interpreted with MARPOL and never became mandatory through the Convention which incorporates a specific IMO code in Annex II Regulation 13. The requirement for chemical tanker should include all the provisions by Code of Construction and Equipment of ships loaded with Dangerous Chemical in Bulk appointed by the Assembly of IMO. This code upgraded by an annex of MARPOL. At same period, legislative competence of IMO was restricted by an application of abandon procedure in Article 16.

1. b) De Facto Application of Internationally Agreed Norms

According the above discussion , the Starddling Fish Stocks Convention confirm the application of conservation and management measures appointed by regional and sub regional fisheries commission. The contracting states have a contractual duty for establish commissions by adding them, which already exists. Those commissions should appoint different conservation and management measures. Although if a state not became a competent commission member, their duties to co-operate to apply for establish the measures of conservation and management. According to Article 8 paragraph 4, the fishery resources only applied for the states are agreed to do that. The states that are not agreed to apply these measures will not discharge to unite in the conversion and management of relevant stock of fish. A port state has responsibility to promote the consequences of conversion measures, investigate the vessels in its port and restrain landings and transshipments where it may establish infringing upon sub regional, regional and global conservation measures. The regional conservation measures are not ipso jure mandatory to states, which not agreed to apply but are de facto allowed through the enforcement powers of port states. For individual fishing entities, the convention supplies for the ‘de facto application’ of conversion measures. In port state control, states are encouraged to agree such conversion measures for the benefits from the fishery resources.

The IAEA can appoint safety standards for protection of health and minimisation of danger to life and property. The possibility of incorporating into agreements, these standards apply to the operation of the IAEA and also the utilize of operation materials, services, equipment, facilities and information made available by the agency and operation under the control of the IAEA . 

The World Bank which became more active under the protection of the environment, adopted an Operation Directive about Environmental Assessment. The Directive highlighted Bank policy and strategy for the environmental assessment (EA) of Bank investment lending operations. The EA is an eliment of the project preparation, which controlled by Bank and outcome must submitted by the receiver prior to the Bank’s consideration. Therefore, receiver must follow the procedural acts and substantive terms of the Operational Directive according the policy or regulation of the World Bank.

Conclusion

The traditional global international organisation such as IMO, FAO and WHO can assign in the treaty making procedure or environmentally applicable through opting-out-procedures, which consists of secondary legislative acts, distinct from constitutive instruments and not amendment procedures of respective constitution. ICAO is the exception of this rule and designed in Chicago Convention. This exception incorporated by the influence of the environmental law-making process for the elaboration of a convention in the development of customary law.

Law making by treaty-management organisation never constitute “independent” secondary legislation in its protocols, annexes and appendices. These organisations always changed according ecological, scientific and technical conditions for amendments procedures of law making process.  Legal norms of these organisation true for the ‘rules and regulation’ adopted by the International Sea-Bed Authority but some of them never produce legal consequences, like – Appendixes I and II of CITES which involved  the placement of separate species. It is possible for of rectify the decisions procedure through international organisations and can be relate in the matter of inter alia, the Council of ICAO, International Sea-Bed Authority. Interest those have been disregard or overruled during decision procedure may resurface the implementation rule.

Almost all the organisations which control the powers, introduced on that periods. like ILO in 1919, ICAO in 1944, WHO and IWC in 1946. Assembly must decided by two-third majority votes which allowed informal prenegototiations to obtain a universally accepted compromise. The establishment of new centralized global organisation operates the risks of synchronizing the environmental law-making process. The Secretary-General of the United Nations has already organized a new department for Policy Coordination and Sustainable Development (DPCSD).

Environmental law produces through an international organisation is increased by direction of non-binding guidelines which followed by MARPOL And UNCLOS. The provisional application of rules, which assigned through an organ of limited membership, allotted in the International Sea-Bed Authority.

References:

Arangio-Ruiz, Gaetano. "On the Security Council's' Law Making'." (2015).

Archer, Clive. International organizations. Routledge, 2014.

Areas, Marine Protected. "Marine Protected Areas and Marine Spatial Planning, with Special Reference to the Black Sea." Management of Marine Protected Areas: A Network Perspective (2017): 207.

Arend, Anthony Clark, and Robert J. Beck. International law and the use of force: beyond the UN Charter paradigm. Routledge, 2014.

Axelrod, Regina S., and Stacy D. VanDeveer, eds. The global environment: institutions, law, and policy. CQ Press, 2014.

Axelrod, Regina S., and Stacy D. VanDeveer, eds. The global environment: institutions, law, and policy. CQ Press, 2014.

Axelrod, Regina S., and Stacy D. VanDeveer, eds. The global environment: institutions, law, and policy. CQ Press, 2014.

Brewer, Tim, and Yolana Pringle. "Beyond Bazalgette: 150 years of sanitation." The Lancet 386.9989 (2015): 128-129.

Bulkeley, Harriet, and Peter Newell. Governing climate change. Routledge, 2015.

Chasek, Pamela S., David L. Downie, and Janet Welsh Brown. Global environmental politics. Westview Press, 2016.

Dupuy, Pierre-Marie, and Jorge E. Viñuales. International environmental law. Cambridge University Press, 2015.

Epstein, Marc J., and Adriana Rejc Buhovac. Making sustainability work: Best practices in managing and measuring corporate social, environmental, and economic impacts. Berrett-Koehler Publishers, 2014.

Finger, Matthias, and Thomas Princen. Environmental NGOs in world politics: Linking the local and the global. Routledge, 2013.

Finkelstein, Maurice. "Jurisdiction and Procedure of the Federal Courts (Book Review)." (2014): 42.

Fisher, Sarah. "Federalism's Fractured Decision Making in the Kyoto Protocol." Politics & Policy 43.1 (2015): 1-29.

Freestone, David, et al. "Can existing institutions protect biodiversity in areas beyond national jurisdiction? Experiences from two on-going processes." Marine Policy 49 (2014): 167-175.

Gelfand, Toby. "The Great Stink of Paris and the Nineteenth-Century Struggle against Filth and Germs David S. Barnes." Canadian Bulletin of Medical History (2016).

Gillespie, Alexander. International environmental law, policy, and ethics. OUP Oxford, 2014.

Gouldson, A., & Murphy, J. (2013). Regulatory realities: The implementation and impact of industrial environmental regulation. Routledge.

Keith-Roach, Miranda, et al. Environmental legislation and best practice in the emerging European rare earth element industry. Amsterdam, Elsevier, 2015.

Kideghesho, Jafari R. "The Elephant poaching crisis in Tanzania: a need to reverse the trend and the way forward." (2016): 369-388.

Kiss, Alexandre Charles, Dinah Shelton, and Dinah Shelton. International environmental law. New York: Transnational Publishers, 1991.

Klabbers, J., 2015. An introduction to international organizations law. Cambridge University Press.

Klabbers, Jan. An introduction to international organizations law. Cambridge University Press, 2015.

Klabbers, Jan. An introduction to international organizations law. Cambridge University Press, 2015.

Kubiliute, Aiste, and Urmas Lips. "Annex 8 Report on procedures for granting permits for monitoring and research activities in the Baltic." Second interim report of the Baltic Sea Pilot Project: Testing New Concepts for Integrated Environmental Monitoring of the Baltic Sea (BALSAM) (2014): 102.

Libecap, Gary D. "The River Pollution Dilemma in Victorian England: Nuisance Law versus Economic Efficiency. By Leslie Rosenthal. Farnham, UK: Ashgate Publishing, 2014. Pp. i–xiv, 1–253. $135. 00, hardcover." The Journal of Economic History 75.04 (2015): 1265-1266.

Longhurst, James, et al. "What has been achieved in the 60 years since the first Clean Air Act?." (2016).

Macrory, Richard B. Regulation, enforcement and governance in environmental law. Bloomsbury Publishing, 2014.

McIntyre, Owen. Environmental protection of international watercourses under international law. Routledge, 2016.

McIntyre, Owen. Environmental protection of international watercourses under international law. Routledge, 2016.

O'Riordan, Timothy. Environmental science for environmental management. Routledge, 2014.

Pauwelyn, Joost, Ramses A. Wessel, and Jan Wouters. "When structures become shackles: stagnation and dynamics in international lawmaking." European journal of international law 25.3 (2014): 733-763.

Percival, Robert V., et al. Environmental regulation: Law, science, and policy. Wolters Kluwer Law & Business, 2013.

Pflieger, Geraldine. "Kyoto Protocol and Beyond." Global Environmental Change. Springer Netherlands, 2014. 517-525.

Picciotto, Sol, and Ruth Mayne, eds. Regulating international business: beyond liberalization. Springer, 2016.

Rothwell, Donald R., and Tim Stephens. The international law of the sea. Bloomsbury Publishing, 2016.

Russell, Clifford S., Winston Harrington, and William J. Vaughn. Enforcing pollution control laws. Routledge, 2013.

Selin, Henrik. "Global environmental law and treaty-making on hazardous substances: the Minamata Convention and mercury abatement." Global Environmental Politics 14.1 (2014): 1-19.

Wallace, Helen, Mark A. Pollack, and Alasdair R. Young, eds. Policy-making in the European Union. Oxford University Press, USA, 2015

Wolf, Susan, and Neil Stanley. Wolf and Stanley on environmental law. Routledge, 2013.