International Human Right Issues in Oil and Gas Law - Essay Example

Founded on October 24 1945, United Nations (UN) exists as an organisation of different governments (intergovernmental Its main function exists as to enhance cooperation in the whole world. UN was founded subsequent to the Second World War replacing the League of Nations2, which had failed to prevent the occurrence of another Word War. It started with 51 states as its members. However, this number has increased to 1933, making majority of states in the world its members4. Its head quarters are placed in New York hence member countries send people to the city for representation when the need arises. This is majorly to hold vital meetings and pass crucial resolutions that affect the globe as a whole5. It is worth noting that the first meeting was held in January 1946, two months after its formation. Since the year 1947, the 24th of October has been tagged the “United Nations Day”. Formed after the failure of the League of Nations, UN’s main function is to maintain peace. Through this, it aids conflicting countries live in harmony hence improve living conditions of its citizens and the world as a whole. This results to the world becoming a better place to live in pegged with the maintenance o human rights and the protection of the environment6. Though its main building is located in the New York City, he UN has significant and vital offices situated in Nairobi, Kenya; Geneva, Switzerland; and Vienna, Australia. It is worth noting that UN sometimes aids some countries in fighting. This is clearly seen when it helps South Korea against North Korea in the 1950s. Moreover, in the early 1990s, UN laid a helping hand to Kuwait forcing Iraq soldiers out of its soil. The League of Nations did not participate in this significant issue. Through its peacekeeping forces, the UN has tried positively, sometimes failing, to maintain peace in countries that have had long term was7. These forces are currently keeping peace8 in Liberia, Afghanistan, Haiti, and Cyprus among other nations9. The UN has six divisions, termed as the principle organs. This aid in division of labour hence effectively providing services to the member countries. The principle organs exist as the Secretariat, the Security Council, the General Assembly, the Trusteeship Council, the Economic Social Council (ESC), and finally the International Court of Justice (ICJ). The General Assembly is composed of all the member states. It has the mandate of yearly meetings, from September to December. Matters that arise enclosed in the UN chatter are discussed in the General Assembly. The findings are then recommended to the member states. It is key to note that security matters are not discussed in this body. His is because a different body has the mandate to deal with this. As a result, the Security Council has a main duty of maintaining peace and security. As a result, they have no specified time of meeting because they can be called at any time when peace is threatened. It is composed of 15 members, with China, France, the United States, the United Kingdom coupled with the Russian Federation making up the five permanent members10. The Economic and Social Council (ECOSOC) has the mandate of maintaining economic and social responsibility of the member states. Drawn from all regions, it is made up of 54 member states. The Trusteeship Council’s main function is to supervise former colonies termed as the Trust Territories. It was developed post World War 2 to aid the development of independent nations and self-governance. Through the help of UN, more than 70 nations have attained independence11. Formed as a main judicial organ, the International Court of Justice was formed with 15 judges at its chair. It is worth noting that the judges are all from different nations and are elected by the Security Council pegged with the General Assembly. Its main offices are situated at The Hague found in the Netherlands. The Secretariat mainly includes workers of the UN organ. These include the staff working at its headquarters in the United States, NY, as well as the other stations in Kenya, Australia and Switzerland among other nations. It is worth noting that the peacekeeping missions are also included in this lot12. The Secretary-General leads the Secretariat. Through recommendation from the General Assembly, he is appointed to serve a term of five consecutive years. It is key to state that the UN has seen only eight Secretaries-General in its lifetime. The UN has several institutes that deal with issues concerning the environment. One such institute is the United Nations Research Institute for Social Development. It deals with the social dimensions of modern problems disturbing growth in a research mode13. As a result, it deals with social, environmental pegged with economic fluctuations and how they affect the various social groups14. Over the last quarter of a decade, environmental protection has become a vital focus for the UN15. This is because in its initial years, environmental degradation was not viewed as a threat to the globe that could result to conflict pegged with the ability to undermine human healthcare, economic stability and social wellbeing16. However, during the preceding years, environmental security emerged as important as economic and military security17. As a result, more than 200 conventions regarding environment now exist18. Moreover, UNEP (UN Environmental Programme)19, the Global Environmental Facility and the Commission on Sustainable Development have been noted to play leading roles to manage the international environment. However, despite the development in programmes and worldwide education on the importance of the environment, it continues to deteriorate. It is worth noting that environmental threats such as over-fishing, water pollution, soil erosion and over mining20 now cost the affected countries a great deal of their national income21. Moreover, impacts to the environment fail to limit any environment. As a result, they can travel hundreds to thousands of miles from their source and into neighbouring countries22. As a way of dealing with proliferating issues regarding the environment, many nations are now turning to the UN. This is because it is a body that has the mandate to look into and decide on issues that go beyond borders23. This body is the UNEP that has its headquarters in Nairobi. The assembly of heads of states in Rio de Janeiro because of the earth summit signified the fact that environmental degradation has become a global menace. This UN Conference on Environment and Development occurred in June 1992 led to the development of concerns in a worldwide scope. Agenda 21 was resulted from the talks that contained plans of actions for sustainable development. Moreover, the UN Commission on Sustainable Development (CSD) was born with its mandate being to oversee the conclusions of the summit implemented by governments, international agencies and civil societies worldwide24. The natural environment in any nation is closely associated with its society. As a result, environmental degradation causes a major stress to the society surrounding it25. This includes the depletion of resources, both renewable and non-renewable26. Moreover, air pollution, water and soil degradation also causes stress to the society. A decline in the environmental productivity results to changes in patterns of settlements hence disrupts social relations already in existence27. It is key to note that achievement of sustainable development is a key function of the UN. However, it is not clearly stated he point that cause the environment to become degraded in the countries that practise oil and gas extraction28. As a result, they might over mine hence affect the environment in a major way. Perceptions regarding the environment depend majorly on the social context29. As a result, it is difficult to solve this question for the last time. It is worth noting that while a section of a society might see the environment as an entity hence strive to protect it, another values the environment in terms of its utility to humans. As a result, they over utilize he environment resulting to is degradation30. Due to the above differences, tension exists. It is increased with acceleration in social change leading to increase in environmental degradation. It is worth noting that it is difficult to agree on whose rights have to be upheld in such conflicting societies31. However, most people in a society agree to the fact that rehabilitation should occur in areas that are degraded. This leads to the UN to look into the matter through its appropriate bodies. It is unclear unto which level environmental degradation can be controlled to facilitate development32. As a result, most governments of developing countries33 reveal that strict rules to safeguard the environment might lead to slower development, concurring with economists34. Economists assert the fact that environmental degradation is at an all time high at the initial stages of development. However, with increase in economic growth, degradation decreases significantly35. Environmental degradation affects various social groups differently. It is worth noting that some groups benefit greatly because of changes in relations due to environmental stress. However, a larger percentage of the society is affected by its degradation36. As mentioned earlier, this may be through health, livelihood or the depletion of natural resources. It is worth noting that deforestation, soil erosion and or the loss of important indigenous animal37 and plant species limits to a great extent, the productive opportunities of people38. This leads to the affected society to change their production pegged with consumption patterns to accommodate the new changes in the environment. Others attempt to look for better alternative sources to base their livelihood on while still living in the same environment39. Others migrate to better environmental areas and supplement their families with the outcomes40 or migrate with their families to the environmental friendly areas resulting to its degradation. In the long run, this leads to a significant change in the social structures of the affected people41. A state is responsible to provide is people with a good, peaceful and economically friendly environment42. This can be achieved through the enactment of several UN Environmental treaties. This will result to fewer conflicts in relation to the environment leading to an economically friendly nation. It is worth noting that majority of the UN Environmental treaties are just recommendations to the government of member nations. It is, therefore, optional for the governments to adapt the treaties43. Consequentially, it is correct to state that UN environmental issues are merely pays lip services aimed to preserve the rights of indigenous natural resources44. It is worth noting that UN’s environmental legal frameworks exist. However, they have failed to be effective; this is because environmental degradation still exists45 currently as a global menace46. This is even after the development of the various bodies that were mandated with the task to look into the issues hence protects the environment47. Therefore, the UN has failed to achieve their main aim of promoting peace and security. This is because environmental issues are still at an all-time high causing an upsurge in conflicts leading to wars48. The global society can be protected through the government enactment of recommendations from the UN49. This is because before a recommendation is made available to their member states, it must have undergone though various steps and seen as vital for globe. As a result, the UN has to make the enactment of its treaties as compulsory to all members. Any member country that will fail to do so ought o face the law. This will aid in making their legal framework stronger and effective50. Heads of states, however, have a strong disapproval of this statement. This is because they feel that sanctions to environmental usage will limit their economic development. The UN is an international body. As a result, it can tackle this problem of environmental degradation by creating more laws that states will be compelled to obey. In countries where degradation is because of oil explorations51, the binding obligations should extend to the companies that participate in its mining. Bodies that are very effective in detecting state violators ought to be developed52. These will aid in the creation of sanctions, fine defaulting states and forbid other countries from participating in any economically development projects with the defaulting countries. In addition, any human rights abuse in the places of work that result in environmental degradation53 and the society as a whole ought to be considered as critical and made top priority. This could be equated to the importance of world peace and terrorism54. Despite all the efforts outlined by the UN, the health of the earth is degrading on a daily basis. As a result, no reversal efforts are seen to improve the global health55. This is because the climate around the world is warming up, fisheries collapsing, the forest cover around the earth continues to shrink and ecosystems are constantly being disrupted56. This results to the human welfare being affected significantly though less food for the hungry57, less development of drugs to cure chronic illnesses such as cancer, and the lost of islands as a result of rise in tides due to global warming58. It is, therefore, important for the globe to rank environmental protection among the most crucial things that ought to be dealt with in the years to come. This could be achieved through stronger international institutions59 that deal with environment so that environmental laws and regulations can be upheld with the regard they deserve60. Bibliography Battle, Jackson B., and Mark Squillace, Environmental Law (Cincinnati, Ohio: Anderson Pub. Co. 1986). Bell, Stuart, and Donald McGillivray, Environmental Law (Oxford: Oxford University Press 2008). 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