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FACTORS THAT HINDER THE IMPLEMENTATION OF GLOBAL

ENVIRONMENTAL LAWS

SUBMITTED BY:
ANGELYN HASSAN
ALEXANDRA MONDARES

SUBMITTED TO:
MS. ROCHELL ASIS
ABSTRACT
“The ultimate aim of education is shaping behavior”, a quotation found in the pages 8 -12 of The
Journal of Environmental Education which was written by H.R. Hungerford and T. Volk (1990), influenced
the researchers to provide a context study.
The study was conducted to determine the factors that hinder the implementation of
environmental laws and to provide awareness and information to the readers. The information was
gathered through internet search engines and articles discussing environmental issues. In line with this,
researchers provided the known and proposed solutions for this issue.

STATEMENT OF THE PROBLEM


The researchers sought to answer the following:
1. What are the environmental laws implemented worldwide?
2. What are the possible factors that hinder the worldwide implementation of environmental
laws?
3. What are the known and proposed solutions to the problems encountered in implementing
these laws?

SIGNIFICANCE OF THE STUDY


The main purposes of this study are to unfold the significance of implementing environmental
laws, to provide awareness to the readers and context discussing the problems in implementing
environmental laws and its possible solutions and to promote sustainable development.
Moreover, researchers aim to know the possible causes and effects of the problems
encountered in implementing laws and empower the understanding, perspectives and responsibilities of
the readers towards environmental issues worldwide.

REVIEW OF THE RELATED LITERATURE


In a related article, Environmentalism properly understood is political; much of the movement
has focused on asserting particular rights to meaningful work, clean air and water, healthy land and
food, and a right to enjoy pristine areas of wilderness (Berry 1986; Berry 1990; Commoner 1990; Faber
1998; Shiva 1989, 2000). Since the 1960s, the environmental movement has produced significant
environmental legislation and policy by challenging two fundamental tenets of neoliberalism. First, the
environmental movement on the nation-state level has challenged the unimpeded exploitation of
environmental resources in the process of capital accumulation by requiring corporations to spend
billions of dollars cleaning up the air, water, and land (Chambliss 1993). Second, the environmental
movement on the nation-state level has provoked a clash between the expansionary logic of property
rights and personal rights by promulgating legislation that has required the protection of public air,
water and land, and non-human life (Bowles and Gintis 1987).
In addition, Ansel Adams claimed that at the enforcement stage, countries are unwilling to
enforce laws precisely because of maintaining the edge in competition. Capitalism and environmental
protection are joined in an awkward legal unification which leads to ineffective environmental
protection and poor realization of equity and medium of international direction- the law is inherently
bias towards economic interests and thus need to be re-formulated in order to give effective protection
for our planet. "It is horrifying that we have to fight our own government to save the environment." 
Furthermore, Stewart Barr said, “People are not aware of what’s happening today. They
believed that it’s the nature’s way without even noticing the abnormalities happening in the process”.
“For 200 years we haven conquering nature, now we're beating it to death." Tom McMillan said,
Greenhouse Trap 1990.
GLOBAL ENVIRONMENTAL LAWS
 Clean Air Act

The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary
and mobile sources. Among other things, this law establishes National Ambient Air Quality Standards
(NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air
pollutants.

 Clean Water Act

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into
the waters of the United States and regulating quality standards for surface waters. The basis of the
CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was
significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name
with amendments in 1977.

 Energy Policy Act


The Energy Policy Act (EPA) addresses energy production in the United States, including: (1)
energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Tribal energy; (6) nuclear matters
and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; (10) energy tax
incentives; (11) hydropower and geothermal energy; and (12) climate change technology. For example,
the Act provides loan guarantees for entities that develop or use innovative technologies that avoid the
by-production of greenhouse gases.
 United States Environmental Policy

The environmental policy of the United States is federal governmental action to regulate activities that
have an environmental impact in the United States. The goal of environmental policy is to protect the
environment for future generations while interfering as little as possible with the efficiency of
commerce or the liberty of the people and to limit inequity in who is burdened with environmental
costs. This policy grew mainly out of the environmental movement in the United States in the 1960s
and '70's during which several environmental laws were passed, regulating air and water pollution and
forming the Environmental Protection Agency (EPA).

Environmental acts such as above are enforced to prevent environment and natural resources
from destruction, to maintain its cleanliness and beauty, to avoid such calamities and to achieve
sustainable development that aims to meet human needs while preserving environment.
Environmental sustainability was given lately a focus by United Nations Organization (UNO). It is
one of the Millennium Development Goals to be completely achieved by 2020.
Target 7A: Integrate the principles of sustainable development into country policies and programs;
reverse loss of environmental resources
Target 7B: Reduce biodiversity loss, achieving, by 2010, a significant reduction in the rate of loss
o Proportion of land area covered by forest

o CO2 emissions, total, per capita and per $1 GDP (PPP)

o Consumption of ozone-depleting substances

o Proportion of fish stocks within safe biological limits

o Proportion of total water resources used

o Proportion of terrestrial and marine areas protected

o Proportion of species threatened with extinction

Target 7C: Halve, by 2015, the proportion of the population without sustainable access to safe
drinking water and basic sanitation
o Proportion of population with sustainable access to an improved water source, urban and rural

o Proportion of urban population with access to improved sanitation

Target 7D: By 2020, to have achieved a significant improvement in the lives of at least 100 million
slum-dwellers
o Proportion of urban population living in slums

Another obvious characteristic of global environmental law is its focus on the global
environment as a whole. Regional, national and local problems remain significant as components of
global environmental problems.

MAJOR FACTORS THAT HINDER IMPLEMENTATION:

1. NATIONS and GOVERNMENTS FAILURES:


Before the implementation of the environmental laws, certain procedures are being followed. The
government ensures that there is an enough budget to produce the laws as well as to host conferences
and negotiations with the conservation groups. Thus, these proponents make treaties with other
countries to promote these laws. However, these proponents are succeeding but nature is dying.
INADEQUATE POLITICAL COMMITMENTS AND POPULAR SUPPORT: Each nation has a priority to
maintain the effectiveness of the laws as well as to revise and renew in continuing basis yet nations lack
perspective because strict enacting of laws are not done. Consequently, the people didn’t take
obligations seriously.
2. SELF- DECISIONS - IGNORANCE OF LAW:
Environmental crimes are defined as Illegal acts such as Illegal wildlife trade, smuggling of Ozone
depleting substances, dumping and illicit trade in hazardous wastes, illegal fishing and logging that harm
the environment and yet people are never fond of doing these acts. Environmental laws are being
enforced but it’s not highly effective.
The process of engagement is commonly seen in governmental circles as a problem of awareness. In
line with this lack of awareness, ignorance of laws was such a very tremendous problem. Environmental
problems such as Climate change, Erosion, Floods, Acid Rains and etc have been increasing since
population and technology are rising.
Moreover, geographers and other social scientists are conducting studies due to the signs showing
the Earth’s destruction and these people have been far from absent in the debates surrounding the role
of knowledge and environmental action. The objective model of behavioral change termed by
MacNaghten and Jacobs (1997) explains that the people’s ignorance of the facts is the main reason why
inaction is possible. Same as Eden (1996, 1998) said, individuals rely on their own sensory organs to
construct opinions on environmental change which is why cooperation to the government’s policies is
merely impossible.
THE KNOWN SOLUTIONS
Somehow, there are still some initiatives taken by the world to improve environment.
1968- Biosphere, International Conference for rational use of Biosphere.
1971-Polluter's pays principle, stated by OECD. 
1972- Conference on Human Environment- Stockholm, 1972 (Declaration that environment was
endangered.) 
1977-Conference on Desertification
1981- World Health Assembly adopts a global strategy for health. 
1982- UN Convention on the Laws of the Sea. (Provisions dealing with pollution of marine
environment.) 
1984-International Conference on Environment and Economic 
1985- Vienna Convention on Depletion of Ozone Layer (21 countries + European Community) 
1987-Montrael Protocol on Substance that depletes the Ozone Layer-36 countries ratified it. 
1989- The Basel convention- 100 countries signed it to control the Trans boundary movement of
hazardous waste and disposal.
1990-UN Summit for Children- environment for future. 
1992 -Earth Summit- UNCED-Rio De Janiero. (World Economy and effects on World environment)
1992-UNFCCC- To combat global warming and stabilize GHG concentrations in the atmosphere. 
1993- UN Commission on Sustainable Development. T(o enhance international co-operation  and
rationalize intergovernmental decision making capacity. 
1995- World Summit for Sustainable Development- Copenhagen (Clear commitment to eradicate
poverty) 
1995- First Conference of parties (COP-1) to the CCC (170 nations ratified the convention) 
Central issue - adequacy of commitments. 
1996- ISO 1400- adopted as an international standard for corporate environment management systems. 
1997- Kyoto Protocol- 159 nations attending COP-3 to the UNFCCC agreed to reduce worldwide
emissions of GHG. It also established emissions trading, joint implementations and clear development
mechanisms to encourage co-operative emission reduction projects between developed and developing
nations.

Some of the conservation organizations related to Environmental and Natural Resources Law

 Environmental Law Institute

The Environmental Law Institute provides information services, advice, publications, training courses,
seminars, research programs and policy recommendations to engage and empower environmental
leaders the world over. ELI’s audience is leading environmental professionals in government, industry,
public interest groups and academia

 Natural Resources Defense Council (NRDC)

NRDC is the nation's most effective environmental action organization. We use law, science and the
support of 1.3 million members and online activists to protect the planet's wildlife and wild places and
to ensure a safe and healthy environment for all living things.

 United States Environmental Protection Agency (EPA) - Laws and Regulations

The mission of EPA is to protect human health and to safeguard the natural environment -- air, water
and land -- upon which life depends. A number of laws serve as EPA's foundation for protecting the
environment and public health. However, most laws do not have enough detail to be put into practice
right away. EPA is called a regulatory agency because Congress authorizes us to write regulations that
explain the critical details necessary to implement environmental laws. In addition, a number of
Presidential Executive Orders (EOs) play a central role in our activities.
 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal is the most comprehensive global environmental agreement on hazardous and other wastes.

 Canadian Environmental Law Association (CELA)

The Canadian Environmental Law Association (CELA) is a non-profit, public interest organization
established in 1970 to use existing laws to protect the environment and to advocate environmental
law reforms.

 Center for International Environmental Law (CIEL)

The Center for International Environmental Law (CIEL) is a nonprofit organization working to use
international law and institutions to protect the environment, promote human health, and ensure a
just and sustainable society.

 Convention on Biological Diversity (CBD)

The Convention on Biological Diversity (CBD) entered into force on 29 December 1993. It has 3 main
objectives: 1. the conservation of biological diversity 2. The sustainable use of the components of
biological diversity 3. The fair and equitable sharing of the benefits arising out of the utilization of
genetic resources

 Environment and Security (ENVSEC) Initiative


Peacefully resolving the overriding political, economic and social concerns of our time requires a
multifaceted approach, including mechanisms to address the links between the natural environment
and human security. UNDP, UNEP, OSCE, NATO, UNECE and REC have joined forces in the Environment
and Security (ENVSEC) Initiative to offer countries their combined pool of expertise and resources
towards that aim.
 Environmental Law Alliance Worldwide (ELAW)

The Environmental Law Alliance Worldwide (ELAW) gives public interest lawyers and scientists the
training and resources they need to help communities protect the environment through law.

 Environmental Law Foundation

The Environmental Law Foundation (ELF) is the national UK charity founded in 1992 that helps people
uses the law to protect and improve their local environment and quality of life. Through our network
of specialist lawyers and consultants across the UK, we provide free guidance and continuing support
to those in need of assistance.

 European Commissioner for the Environment


The main role of the European Commission's Environment Directorate-General (DG) is to initiate and
define new environmental legislation and to ensure that agreed measures are put into practice in the
EU Member States.

European Union Environmental Laws The EU's environmental laws help protect against water, air and
noise pollution and control risks related to chemicals, biotechnology and nuclear energy within the
Union. The overall direction of EU environment policy is laid out in the latest action
program--"Environment 2010: Our Future, Our Choice." It concentrates on 4 priority areas: climate
change; nature and biodiversity; environment and health; and natural resources and waste. Also, an
Environment and Health Action Plan for 2004-2010 promotes a close relationship between health,
environment and research policy.

 Intergovernmental Panel on Climate Change (IPCC)

The IPCC was established to provide the decision-makers and others interested in climate change with
an objective source of information about climate change.

 Kyoto Protocol

The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention
on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37
industrialized countries and the European community for reducing greenhouse gas (GHG) emissions
.These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012.

 North American Agreement on Environmental Cooperation (NAAEC)

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's
environment through the North American Agreement on Environmental Cooperation (NAAEC). The
NAAEC came into force at the same time as the North American Free Trade Agreement (NAFTA) and
marks a commitment that liberalization of trade and economic growth in North America would be
accompanied by effective cooperation and continuous improvement in the environmental protection
provided by each country.

 Ramsar Convention on Wetlands

The Convention on Wetlands of International Importance, called the Ramsar Convention, is an


intergovernmental treaty that provides the framework for national action and international
cooperation for the conservation and wise use of wetlands and their resources.

 United Nations Environment Programme

The mission of the UN'S Environment Programme is: To provide leadership and encourage partnership
in caring for the environment by inspiring, informing, and enabling nations and peoples to improve
their quality of life without compromising that of future generations.

 United Nations Framework Convention on Climate Change (UNFCCC)


Over a decade ago, most countries joined an international treaty -- the United Nations Framework
Convention on Climate Change (UNFCCC) -- to begin to consider what can be done to reduce global
warming and to cope with whatever temperature increases are inevitable. More recently, a number of
nations approved an addition to the treaty: the Kyoto Protocol, which has more powerful (and legally
binding) measures. The UNFCCC secretariat supports all institutions involved in the climate change
process, particularly the COP, the subsidiary bodies and their Bureau.

 Vienna Convention to Protect the Ozone Layer

"The Vienna Convention for the Protection of the Ozone Layer" is a treaty on the framework for
international cooperation concerning the protection of the ozone layer, which was adopted in 1985
and entered into force in 1988. It provides observations, research and information exchange on the
ozone layer.

 Bellona Foundation

The Bellona Foundation is an international environmental NGO based in Norway. Founded in 1986 as a
direct action protest group, Bellona has become a recognized technology and solution-oriented
organization with offices in Oslo, Brussels, Washington D.C., St. Petersburg and Murmansk. Altogether,
some 75 engineers, ecologists, nuclear physicists, economists, lawyers, political scientists and
journalists work at Bellona.

 Biofuelwatch

Biofuelwatch actively supports the campaign for an EU moratorium on agro fuels from large-scale
monocultures. Agro energy monocultures are linked to accelerated climate change, deforestation, the
impoverishment and dispossession of local communities, bio-diversity losses, human rights abuses,
water and soil degradation, loss of food sovereignty and food security.

 Conservation International

We imagine a healthy prosperous world in which societies are forever committed to caring for and
valuing nature for the long-term benefit of people and all life on Earth. Conservation International is
committed to helping societies adopt a more sustainable approach to development – one that
considers and values nature at every turn.

 Conservation Law Foundation (CLF)

The Conservation Law Foundation (CLF) works to solve the most significant environmental challenges
facing New England. Since 1966, CLF's advocates have used law, economics and science to create
innovative strategies that conserve natural resources, protect public health and promote vital
communities in our region.

 Earth Charter Initiative


“The Earth Charter Initiative” is an extraordinarily diverse, global network of people, organizations, and
institutions that participate in promoting and implementing the values and principles of the Earth
Charter.

 Earth Island Institute

Earth Island Institute is a non-profit, public interest, membership organization that supports people
who are creating solutions to protect our shared planet.

 Earth Policy Institute

The Earth Policy Institute (EPI) was founded in 2001 by Lester Brown, the founder and former
president of the Worldwatch Institute, to provide a plan of a sustainable future along with a roadmap
of how to get from here to there. EPI works at the global level simply because no country can fully
implement a Plan B economy in isolation. EPI’s goals are (1) to provide a global plan (Plan B) for moving
the world onto an environmentally and economically sustainable path, (2) to provide examples
demonstrating how the plan would work, and (3) to keep the media, policymakers, academics,
environmentalists, and other decision-makers focused on the process of building a Plan B economy.

 Environmental Foundation for Africa (EFA)

The Environmental Foundation for Africa (EFA) aims to protect and restore the environment in West
Africa. For over 15 years, EFA has led: * environmental education (EE) and awareness raising
campaigns; * restored degraded lands and conserved pristine forests; * minimized the impacts of civil
war on the environment and its inhabitants and; * equipped thousands of people with sustainable
livelihood skills such as agroforestry.

 Environmental Investigation Agency

The non-profit Environmental Investigation Agency is an international campaigning organization with


offices in Washington, DC, and London, UK. Since 1984, EIA has used pioneering investigative
techniques to expose environmental crimes and campaign against illegal wildlife trade and threats to
our global environment.

 Forests and the European Union Resource Network

FERN is a non-governmental organization (NGO) created in 1995 to keep track of the European Union’s
involvement in forests and coordinate NGO activities at the European level. Our work centers on
forests and forest peoples’ rights and the issues that affect them such as trade and investment and
climate change. All of our work is done in close collaboration with social and environmental
organizations and movements across the world. The name FERN was chosen because ferns are one of
the few species that grow in all forests.

 Friends of Nature
With over 500,000 members in 50 member and partner organizations, the Friends-of-Nature
movement, founded in 1895, is one of the largest non-governmental organizations (NGOs) worldwide.
Our work is focused on shaping the sustainable development of our societies.

 Friends of the Earth International

We are the world's largest grassroots environmental network and we campaign on today's most
urgent environmental and social issues. We challenge the current model of economic and corporate
globalization, and promote solutions that will help to create environmentally sustainable and socially
just societies.

 Greenpeace International

Greenpeace exists because this fragile earth deserves a voice. It needs solutions. It needs change. It
needs action. Greenpeace is an independent global campaigning organization that acts to change
attitudes and behavior, to protect and conserve the environment and to promote peace.

 International Environment House (IEH)

The International Environment House (IEH) gathers under a common roof a range of United Nations
and non-governmental organizations active in the field of environment and sustainable development.

 International Institute for Sustainable Development

The institute champions global sustainable development through innovation, research and
relationships that span the entire world. It is devoted to the ongoing communication of its findings as it
engages decision-makers in business, government, non-government organizations and other sectors.

 International Union for Conservation of Nature (IUCN)

IUCN, the International Union for Conservation of Nature, helps the world find pragmatic solutions to
our most pressing environment and development challenges. It supports scientific research, manages
field projects all over the world and brings governments, non-government organizations, United
Nations agencies, companies and local communities together to develop and implement policy, laws
and best practice.

 Nature Conservancy

Welcome to The Nature Conservancy — the leading conservation organization working around the
world to protect ecologically important lands and waters for nature and people.

 NatureServe

NatureServe is a non-profit conservation organization whose mission is to provide the scientific basis
for effective conservation action. NatureServe and its network of natural heritage programs are the
leading source for information about rare and endangered species and threatened ecosystems.

 Nicodemus Wilderness Project


The Nicodemus Wilderness Project was founded because of the need for environmental restoration,
stewardship, and protection of neglected public lands. Our organization coordinates volunteer events
worldwide that utilize the resources of the community to provide long-term environmental benefits
for natural areas

 Stockholm Environment Institute

SEI is an independent international research institute. We have been engaged in environment and
development issues at local, national, regional and global policy levels for more than 20 years. The
Institute was formally established in 1989 by the Swedish Government and celebrated its 20th
anniversary in October 2009. SEI has established a reputation for rigorous and objective scientific
analysis in the field of environment and development. Our goal is to bring about change for sustainable
development by bridging science and policy. We do this by providing integrated analysis that supports
decision makers.

 World Business Council for Sustainable Development

Our mission is to provide business leadership as a catalyst for change toward sustainable development,
and to support the business license to operate, innovate and grow in a world increasingly shaped by
sustainable development issues.

 World Resources Institute (WRI)

WRI works with business partners, governments and civil society to confront today’s most urgent
environmental challenges. We have over 50 active projects working on aspects of global climate
change, sustainable markets, ecosystem protection, and environmentally responsible governance.

 Worldwatch Institute

Worldwatch Institute delivers the insights and ideas that empower decision makers to create an
environmentally sustainable society that meets human needs. Worldwatch focuses on the 21st-
century challenges of climate change, resource degradation, population growth, and poverty by
developing and disseminating solid data and innovative strategies for achieving a sustainable society.

Finally, changing global perceptions are arguably at the root of behavioral changes by
multinational corporations. Multinational corporations can become a focus of global protests by
environmental and human rights activists. This exposure has put pressure on multinational
corporations to improve their behavior. Parallel growth of non-binding environmental commitments,
declarations and other international instruments has had similar effects. These helped to reinforce
worldwide recognition of environmental values.

At the most basic level, expose newcomers not only to domestic law but also to the principal
approaches to environmental regulation that are emerging around the world. At its extreme, such
agreements in each party commits in achieving shared environmental goals.
THE PROPOSED SOLUTIONS
Researchers believed that the significance of the environment through a revolution exhibiting
changes, starting from your own. Seminars are promoting to start changes from using reusable bags,
cleaning houses, separating wastes in non-biodegradable and biodegradable, restraining from using
sprayers containing Chlorofluorocarbons that destroy Ozone layer. People must be provided with
awareness and contexts such as Research studies.
According to experts there are two major approaches to slowing the buildup of greenhouse gases.
First, reduce the consumption of fossil fuels making greenhouse gas emissions reduced. The other is
carbon capture or carbon sequestration. Carbon dioxide is stored in a carbon component, preventing it
from reaching the atmosphere. An old practice, planting trees, is also effective to soak up a great deal of
carbon dioxide, producing more oxygen.
Moreover, these are the solutions to environmental degradation. However, the process of Earth’s
destruction cannot be stop but it can be minimized. The governments must approach and promote
aspirations to their own nation to gain cooperation. Policies must strengthen the punishment of every
violator. Strictness is necessary on this situation since people do not have fear and not aware of their
mistakes.
Every import and export industry should be checked well to fight smuggling and illegal trade of
wildlife. Endangered species should be provided with protection and breeding houses to increase their
species. Such environmental crimes needed to be watched carefully.
Countries should join international groups such as United Nations so that the poor countries will
gain knowledge, treaties with other countries and make efforts to this issue. And most of all, people
must be responsible and have an initiative to work on one goal: providing Earth a protection and care.
ACKNOWLEDGMENTS
The researchers have the greatest privilege of expressing out heartiest thanks to the following:
 Faculty and staffs of St. Clare Science High School, for giving the researchers a good quality of
education
 Ms. Rochell B. Asis, for teaching, guiding and showing the researchers how environment needs
research
 Readers who served as the inspiration in doing such descriptive and informative research
 Above all, God, for letting the wisdom, knowledge and strength pour down to everyone

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