International Environmental Law - Essay Example

?M026LON C01: International Environmental Law Board Paper Paper Reference: ID No. Paper: DD/MM/YYYY of Paper: Give a suitable title for your board paper Regular Assessment *************************************************************************** Brief Synopsis of the Issue This evaluation revolves around the depleting of hydrocarbon reserves in major oil and gas fields located in Russia ‘Arctic region that is expected to have hydrocarbon reserves that will suffice for around a century. It gives the recommendations needed to explore the oil and gas without interfering with the environment. Moreover, it has the background of explorations, the impact of the products on the environment, a critical evaluation on the issue and implementation for the recommendations. Recommendation(s) • GEP-Oil Company must follow the principles of the International Environment law to the latter. • The Company is bound to look for more advanced technologies to be able to exploit he Oil and Gas in an advanced manner. • Experts in Climatic conditions should be consulted before the commencement of the drilling process. • The company must compensate the inhabitants. 1. Background The main issues in the case study are that the presence of Oil and Gas plays an immense role in the economy of Russia and the welfare of the people as a whole. However, this exploration in the Arctic requires huge investments, which have prompted the Russian oil Companies to enter into an alliance with the international companies to expedite the exploration process. In light of this, the board paper has been organised into four sections. Each section analyses about an issue that pertains to exploration that is free from environmental destruction and one that depicts what is expected by the Russian government. The Russian environmental laws are similar to the international environment al laws in a number of ways. The Russian environmental laws also recognize that there is a need for each nation to be able to protect the environmental and at the same time each state should be given the freedom to be able to exploit their natural resources. According to principle one of the Rio Declaration, human beings are the centre of environmental concerns because they need to be able to have high quality life. The Russian environmental laws also recognize these factors and incorporate it in the principles of the law. There are also laws in the region where Russia is that are also invective of the need for the concerned stakeholders to understand the need to protect the natural resources for the sake of human beings. The arctic region in which Russia belongs, there are some environmental laws that need are very similar to international laws. The Arctic Environmental Protection Strategy is an environmental guidance that helps nations in the arctic region to abide in within the environmental standards. Russian national laws are also similar to the international environmental laws in that they also recognize that there is an importance to protect the local waters (marine). This is in line with MarPol environmental laws and guidance that provide for the ways in which the laws must be able protect the environment. Russia is a member of the artist centre but he laws developed by the arctic centre are not abiding. The arctic centre has developed the laws and guidelines that help member states to abide within the guidelines of international laws. MarPol helps nations around the world to be able to deal with the seal pollution. The Russian environmental policy also recognizes that there is a need to protect the sea and reduce marine pollution. These laws are also in line with the Conventional of Biodiversity guides which emphasize on the need to protect the natural resounds especially living things. The other important factor about international law in relation to the Russian environmental law is the recognition of the need for the state to be able to protect the environmental and the need to be able to conform to the international guidelines. The need for international laws is very specific on the need of individual nations to be able to contribute to the international environment. The Russian law as well as the arctic environmental guidelines are considerate of this fact and try to make sure that the member nations commit to protecting the arctic environment. The arctic region environmental association are however not binding, especially guidelines I to III. This helps in making sure that the environment is well protected and that there is a common understanding among all stakeholders in terms of what needs to be done with regard to environmental protection. 2. Impact of Oil/Gas Production on the Environment Numerous implications will be brought forth by the implementation of this project. The biodiversity aspect of it concerns the variability among living organisms from all sources. Biodiversity is used directly through food, materials, fibre, commercial foods among others. Indirectly, it comprises of water purification services, grazing for livestock among others. The sustainability regards how the project is able to sustain the concern parties in all means. It should further lead to healthy ecosystems that function and co-exist in the best way possible (Vactor2010). The impact of oil and gas on biodiversity is that it destroys the normal functioning of the ecosystem. For instance, in areas where oil and gas companies work, the pools are filled with a thick, black material. These pools are open, so when it rains, they happen to spill over leading to contamination of streams, rivers or any other source of water as well as, nearby crops. Effect of this is that the ecosystem is adversely affected by this destruction with the inhabitants included, especially when the most important factors –water and crops- in the ecosystem are contaminated or destroyed. The implication of the license that has been granted to GEP-Oil Company allows it to legally exploit oil and gas in the region and around the globe. This implies that it can trade on local and international environment as long as it complies with given International environmental law (Isaksen et al 2007). However, if GEP-Oil Company does not comply with this, it could amount to breach of the law, a situation that may lead to sanction or cancellation of the project. The regulatory framework and the impact of this project in terms of compliance standard is alienated into four sections; the national, regional, local and international. All the parts operate together in the enhancement of the company towards compliance with the regulatory standards as per specific levels. In this particular case, the targeted region by the GEP-Oil Company has safety and environmental issue, which must be handled with Utmost care to avoid going against the regular framework that is required by the law (Moffett and Inkpen 2011). The role of the non state factors such as the Nongovernmental Organisation. (NGOs) and the civil society comprise the collection, disseminating and analyzing information. They provide input to agenda-setting and all processes that evolve policy development (Fitzmaurice 2009). Besides they perform operational functions and assess environmental conditions over and above the monitoring compliance with regard to the environmental agreements, and advocating for justice for environmental issues (Gao 1998). It is also importance to note that, international decision making processes seek legitimacy through the involvement of civil servants and NGOs (Odell 2001). 3. Oil/Gas Production and International Environmental Law Several types of international environmental law have been used in reference to curbing the environment and especially that in regard to the drilling of oil and gas the artic region. One of the international environment laws is United Nations Convention on the Law of the Sea (UNCLOS). This law emerged in November, 1994 as a treaty that was used internationally to give out a guideline on the use of the world’s seas and oceans to ensure that marine environment was used in an equitable way, over and above, protecting and preserving the living resources of the sea(MacKenzie et al 2012). Additionally, the law gives explanation on the sovereignty, usage rights in relation to maritime zones and the rights for navigation. Another international law is the Rio Declaration on Environment and Development. This international law was adopted in 1972 with the aim of bringing up a new and equitable partnership all over the world through creating new collaboration levels among the states, influencing sections of the society and people (Narayan 2000). It works towards the international agreements, which are supposed to guard the integrity of global environment and developmental system. It has twenty -seven principles, which revolve around human beings as been the core of sustainable development. Of importance to note is that, the law permits the concerned parties to exploit their own resources with regard to affiliated policies both environmental and developmental. However, the law is cautious on causing any damage to the environment of other states or regions that go beyond their boundaries (Cunnane 2004). Similarly, the Convention on Biological Diversity is an international treaty initiative by the United Nation to respond to the growing recognition of Biological diversity as one among the world’s most treasured assets that has value in the present and the future. It came up due to increased threat towards the survival of species, the ecosystems and the honour of habitats. Hence, this law emphasises on the need to have an international convention on biological diversity to conserve the environment (Fitzmaurice 2009). With the three international laws, and the underlying principles that govern them it is clear that the exploration of Oil and gas in the Artic region will be done in the interest of all the concerned parties especially with regard to environmental conservation. Conversely, the Russian and the Arctic region have not in the past taken consent to the international law. If anything, the Russian environmental has continually offered inadequate protection especially in regard to the oil spillage in the black sea. Just recently, the law basically amended the federal law ‘on environmental protection to allow better monitoring of the environment in terms of environmental protection in, forest land air, radiation conditions, and the subsoil(Al-Rodhan 2006). 4. Critical Evaluation It is evident that the Oil and Gas exploration plays major roles in the economy of Russia. However, the environmental in which the exploration takes place is of more importance because it is one of the treasured assets in the entire world (Odell 2001). The Russian government has not taken more responsibility in the maintenance of the environment as would be expected (Campbell and Heapes 2008). In light with this, the International world had taken upon themselves to come up with treaties which should be followed by the all countries exploiting Oil and Gas. The argument for this is that the international world is in a position to handle the environment in a standardized manner to all the concerned parties. This means that the Russian government is not free to exploit on their own law as they have been seen not to follow in the recent past (Hemmersbach et al 2005). . The three international laws; United Nations Convention on the Law of the Sea (UNCLOS), Rio Declaration on Environment and Development and the Convention on Biological Diversity are crucial in ensuring that the drilling process in the Arctic region is done under the Law. Hence, in order to be able to exploit Oil and gas in the Arctic region the GEP- Oil Company must follow the principles of international law in relation to the environment (Sands 2003). This should be followed by the use of advanced technologies, which entail expert consultation on best climatic conditions fro drilling and placing concerns on the affected inhabitants through compensation. 5. Implementation of Recommendations • GEP-Oil Company must follow the principles of the International Environment law to the latter so as to avoid the emergence of another disagreement with the concerned parties. Moreover, there should be collaboration with other companies in working together and making it upon themselves to oblige to the principles that govern the Environment internationally. • It is quite evident that Arctic region in Russia is presumed to have reserves of hydrocarbon that will be sufficient for approximately a century or more. The Company is bound to look for more advanced technologies to be able to exploit Oil and Gas in an advanced manner. Advanced technologies will enable them to exploit Oil and Gas in refined ways that are much faster over and above been cheaper. This may also include forming alliances with other Oil and Gas companies in order to work as a team in economic building at national and international platforms. • Experts in Climatic conditions should be consulted in order to give advice on when best the climate suits the drilling process. Experts give an affirmation towards safeness of drilling Oil and Gas. In essence, drilling is done on specific climatic conditions in respect to environmental protection. • It is also human to consider the direct impact that will be brought by the project implementation to the area residents’ especially on health matters and compensate them where possible. The Russian Company put in place a strategy of compensating populace affected by the drilling process with equitable amount of money that allows them to move to better places where they can continue with their lives comfortably. Action Plan –. Risk Impact LAW RESPONSIBLE Authority Action Required Contamination of Water (Black Sea) by Oil Loss of Biodiversity The Law of Conservation of natural resources & “The Precautionary Principle” GEP-Oil Company, EnviroGulf Consulting Group& Ministry of Natural Resources and Environment of the Russian Federation. Treatment of the water after the drilling process Pollution of Air Drying and dying of living things in the region The Law of Conservation of natural resources GEP-Oil Company, EnviroGulf Consulting Group & Ministry of Natural Resources and Environment of the Russian Federation Use of machine that do not emit poisonous air Forceful migration of inhabitants. Lack of agricultural development. The principle of Sustainable development Ministry of GEP-Oil Company. Compensation to the inhabitant Contamination of Soil by Oil Loss of Diversity The Law of Conservation and natural resources. GEP –Oil Company &EnviroGulf Consulting Group. Treatment of the Soil during and after drilling Signature and Date: Your full name and date of board paper (DD/MM/YYYY) List of References Al-Rodhan, K., 2006. The global oil market: risks and uncertainties. Washington, D.C. CSIS Press. Babusiaux, D., 2007. Oil and gas exploration and production: reserves, costs, contracts. Paris, France: Editions Technip. Campbell, C. and Heapes, S., 2008. An atlas of oil and gas depletion. Huddersfield: Jeremy Mills Publishing. Cunnane, F., 2004. The source of wealth.[Novelty, Ohio] : F. Patrick Cunnane, [2004] Fitzmaurice, M., 2009. Contemporary issues in international environmental law. Cheltenham, UK; Northampton, MA: Edward Elgar Northampton, MA: Edward Elgar. Gao, Z., 1998.Environmental regulation of oil and gas. London [u.a.] : Kluwer Law Internat. Hemmersbach, R. et al., 2005. Gravity and the behavior of unicellular organisms. New York, NY Cambridge University Press. Isaksen, G. et al., 2007. Oil and gas of the greater Caspian area. Tulsa, OK: American Association of Petroleum Geologists. Lombard, E., 1999. International management of the environment: pollution control in North America. XA-GB.Westport, Conn. [u.a.] Praeger. MacKenzie, R. et.al. 2012. Principles of international environmental law. Cambridge; New York Cambridge University Press. Moffett, M. and Inkpen, A., 2011. The global oil & gas industry: management, strategy & finance. Tulsa, Okla.: PennWell. Narayan, B., 2000. Ecosystem management. New Delhi : A.P.H. National Research Council Committee on Cumulative Environmental Effects of Oil and Gas Activities on Alaska's North Slope., 2003. Cumulative environmental effects of oil gas activities on Alaska's North slope. Washington, DC National Academies Press. Odell, P., 2001. Oil and gas: crises and controversies, 1961-2000. Vol. 1, Global issues. Brentwood : Multi-Science Pub. Co. Sands, P., 2003. Principles of international environmental law. Cambridge Cambridge Univ. Press. Vactor, S., 2010. Introduction to the global oil & gas business. Tulsa, Okla. : PennWell Corp. Read More