International Environmental Laws: The Impact of International Environmental Laws on Oil - Essay Example

INTERNATIONAL ENVIRONMENTAL LAWS By Location International environmental laws Background Oil mining can have negative effects on the negative environment. There are always laws that protect the environment from mining activities that can be harmful. Given the fact that AROIL Petroleum (AP) will be seeking to Shale oil in this case makes the probable environmental effects even more. This project is going to face allot of opposition. Much of this opposition will be attributed to the previous failure of the company in the Australian coast which involved an oil spill. Minority of the people who are against this project say that environmental degradation is the main cause for their opposition. However, there is a way through which this project can go through without much damage being done to the environment and the inhabitants of the environment around the area that will be affected. This report aims at providing an evaluation of the situation and presenting a proposal for a successful implementation of this project. Impact of Oil/Gas Production on the Environment Oil drilling can have some negative effects on the benthic fauna. Drill cuttings have the ability of changing the state of the benthic fauna over a large area of the seabed. It usually takes a long period of time before for the breakdown to take place. Apart from when it is undertaken with allot of care, seismic surveying can result in injuries to living things that are present in the immediate environment. These activities also have the ability of frightening fish and other marine animals away. For seismic surveying to be safe the surveyors must make sure that there are no sensitive organisms within the environment before they commence (Harris 2007, p. 132). During the process of drilling oil wells it has also been noticed that there is always the production of noise that might not be healthy for the environment. The noise mostly comes from the equipment used such as drill rigs (Glasbergen& Blowers 1995, p. 125). Blasting can also lead to the production of noise. There are also emissions that usually result from the drilling process that might be harmful to the environment and its inhabitants. During the drilling process, there is always the emission of carbon monoxide and carbon dioxide in the air (Ramlogan 2011, p. 202). There is also the emission of dust and other particles in the air. These emissions make the environment less accommodating to the inhabitants and can even lead to some health complications. During the drilling process, there are a number of ecological damages that might take place. When the well pads are being developed the vegetation cover and the topsoil are always removed. This will lead to increased soil erosion because of the reduced vegetation cover.This leaves the earth vulnerable to noxious weeds which only contribute to further damage to the soil (Verheyen 2005, p. 187). When this happens the ecological balance is interfered with and the inhabitants of the areas which the drilling takes place are the ones who are affected most. As for the production of oil that take place closer to the coastal regions, one of the main concerns is the possible leakage which might end up in the water masses putting in danger animals living in the water masses and those that depend on the water masses for their livelihood. Human beings will also be affected because they also depend on such water masses (Fisher, Lange & Scotford 2013, p. 112). The seepage to the soil might also affect vegetation and organisms living in the soil. Oil/Gas Production and International Environmental Law One of the laws that the organization should take into consideration is the principle of common but differentiated responsibilities. This principle asserts that even though all the member countries of the UN have the responsibility of improving the society, they all have different levels of capability. These differences should be taken into consideration when coming up with international goals and benchmarks (Honkonen 2008, p. 99). A good example of an application of this principle is the Kyoto protocol, which requires developed countries to reduce their emissions while expecting developing countries to report their emissions (Gao 1998, p. 121). With reference to human development index, Australia can be categorized as a developed country. According to the precautionary principle, any activity that has potential harm to human health or the environment should be accompanied by precautionary measure even if the potential harms have not yet been scientifically approved (Fitzmaurice 2009, p. 127). The process of taking precautionary measures is expected to be an open one. Another law that should be taken into consideration is the principle sustainable development. This law states that development at the present should not be in a manner that development in the future is undermined (Larsson 1999, p. 164). In this principle the earth is seen as a system connecting space, with that pollution activity that takes place in America has the potential of having an effect in Asia in a matter of time. The principle also views the earth as a system that connects time. This implies that activities that take place at the moment will affect generations to come, just like some of the activities that were undertaken many decades ago affect the world at the moment (Patin 1999, p. 101). The Polluter-Pays Principle asserts that anyone who is involved in any activity that leads to pollution must incur the cost of managing the pollution so that harm to human health and the environment can be prevented (Louka 2006, p. 199). This principle applies to all types of pollution , including land, air, water, and noise pollution. This would also include companies which are involved in the emission of greenhouse gasses which are known to be the highest contributors to global warming. Emission of greenhouse gasses is considered to be a form of pollution because of the resulting damage to the climate that might influence sustainability now and even in the future. Given the long that it has taken too long for the society to accept the link between carbon emission and global warming, this principle does not hold emitters responsible for the control of global warming (Sands, Et al, p. 109). This might be seen as a shortcoming of this principle in protecting the environment and its inhabitants from activities that might be of harm to them presently and in the future. The use/exploitation of environmental resources was brought into existence after the realization that there were too many activities that led to the extraction of natural resources. More than 80% of the world’s energy comes from fossil fuel (Voigt 2009, p. 209). These resources are always non-renewable, making it important for their exploitation to be controlled. Introduction of more sophisticated technologies made it possible for extraction to take place in a short duration leading to increased exploitation of these non-renewable resources. There is also the issue on the increase in population, meaning that people would demand for more of these products. However, this principle looks at the negative effects of this kind of exploitation, including clearing of vegetation cover, forced migration, soil erosion, oil depletion, and water pollution. This principle, therefore, asserts that the exploitation of non-renewable resources should be controlled in order to avoid the possible negative effects, including running out of the resources that are known to be non-renewable (Freestone & Hey 1995, p. 145). Critical Evaluation Looking at this situation, it is clearly evident that this project is not going to be an easy one for AROIL Petroleum. They have every reason to fear the resistance that is facing their project because of the reality of the possible threats that the project might have on the environment. The varieties of organisms that live in the earth, on the surface of earth, and in the atmosphere usually depend on each other in one way or another. Human activities such as exploitation of fossil fuel cause degradation and disturbance to ecosystems. However, it should be noted that there are a number of activities that oil producing companies can involve in order to reduce the negative effect on Eco-diversity. Restoring ecosystems after oil extraction is one of the activities that oil producers can involve in making sure that the effect of their activities on the environment are limited. The Australian Environment Protection and Biodiversity Conservation Act 1999 makes sure that the companies that are involved in oil production do not pollute the environment by imposing a fine of AU$1.1 million to any oil producer that is involved in activities that endanger the environment. This is aimed at making sure that companies that produce oil are prevented from polluting the environment. This company should also make sure that they adhere to the policy of sustainable development. This is because oil is a non-renewable resource whose demand is rising every day. They should make sure that there is no overexploitation of the resource that they are targeting in this case. This will make sure that the area remains sustainable for a long period (Sands 2003, p. 134). Remaining sustainable will also mean that their country will be able to limit the amount of harmful waste product that they release to the atmosphere. Every activity that might lead to some harm on the environment will be limited as a result of sustainable operations. Given the fact that Australia is considered to be a developed country, the company should be aware that the country is expected by the Kyoto protocol to reduce their emissions instead of just reporting them (Kiss 2007, p. 231). This is a clear indication that it will be such a big challenge to convince the people and the government given the fact that all the negative effects of oil production to the environment are well known. The only thing that can help the company is if they decide to make sure that every activity that they involve in right from the exploration shows that they are determined to minimize the negative effects of their activities. Given the rise in demand for petroleum globally, it would be hard to convince a country like Australia to completely keep off oil production. Implementation of Recommendations One of the ways through which oil Production Company can reduce the effects of their activities to biodiversity is by reducing the quantity of land that they use in the process of mining. The more land the more vegetation will be destroyed, the more top soil will be destroyed and most living organisms will be displaced or dead. Land use reduction can be achieved through reduction of the overall footprint of the mining area (Craik 2010, p. 222). Other activities that can reduce the effect of oil production of biodiversity are by reducing the amount of waste product that is produced. And making sure that special attention is paid to the endangered species of both plants and animals. A mining company should also make sure that they plan mining close to existing infrastructure when possible. This will reduce the interference with biodiversity that usually result from the development of infrastructure such as roads. Given the power given to the government by the Australian Environment Protection and Biodiversity Conservation Act 1999, it is important for this company to make sure that they avoid any unnecessary involvement in activities that might pollute the environment (Tladi 2007, p. 171). One of the ways through which the company can make sure that they get the support from the local community is by convincing them that the project will be for the benefit of the community. For instance, they can make sure that they reduce the activities that can cause harm to the community. These would include unnecessary building of infrastructure. The company might also consider technology that ensures that there is minimal pollution and possible risks such as oil spillage are put under control. Giving back to the community through employment opportunities and developmental projects could also help in reducing the resistance. The demand for petroleum products keep rising and the only way through is maximizing on the benefit of the project to the community and minimizing the possible risks that might occur as a result of this project. Minimizing the potential environmental effects of this project should not stop ones the project commences (Beyerlin 2006, p. 165). This is because the company will want to build a good reputation just in case they would want to have a project around this area. This is specifically because the previous oil leaks really ruined the image that the local people had towards the company. Bibliography Beyerlin, U 2006, Ensuring compliance with multilateral environmental agreements: a dialogue between practitioners and academia, Nijhoff, Leiden [u.a.]. Craik, N 2010, The international law of environmental impact assessment process, substance and integration. Cambridge University Press, Cambridge. Fisher, E, Lange, B &Scotford, E 2013,Environmental law: text, cases, and materials. Fitzmaurice, M 2009,Contemporary issues in international environmental law,Edward Elgar, Cheltenham, UK. http://public.eblib.com/choice/publicfullrecord.aspx?p=433348. Freestone, D & Hey, E 1995, The precautionary principle and international law: the challenge of implementation, Kluwer Law International, Boston. 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