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Question 26 — Global Environmental Protection (25 marks) (a) To what extent have law reform measures assisted in protecting the global environment? OR (b) Assess the effectiveness of the United Nations in promoting and achieving global environmental protection. - HSC - SSCE Legal Studies - Question 26 - 2015 - Paper 1
Question 26
Question 26 — Global Environmental Protection (25 marks) (a) To what extent have law reform measures assisted in protecting the global environment? OR (b) Assess ... show full transcript
Worked Solution & Example Answer:Question 26 — Global Environmental Protection (25 marks) (a) To what extent have law reform measures assisted in protecting the global environment? OR (b) Assess the effectiveness of the United Nations in promoting and achieving global environmental protection. - HSC - SSCE Legal Studies - Question 26 - 2015 - Paper 1
Step 1
To what extent have law reform measures assisted in protecting the global environment?
Answer
Law reform measures have played a significant role in enhancing the protection of the global environment. These reforms can be categorized into various legislative changes and international agreements that promote environmental sustainability.
Legislative Frameworks
One of the key aspects of law reform is the establishment of comprehensive legal frameworks. Countries have implemented laws that regulate pollution, safeguard biodiversity, and manage natural resources effectively. For instance, legislation such as the Clean Air Act and the Clean Water Act in the United States demonstrates how national laws can assist in environmental protection by setting standards for emissions and discharges.
International Agreements
International treaties, such as the Kyoto Protocol and the Paris Agreement, showcase the global commitment to law reform in environmental protection. These agreements compel nations to adopt specific measures to reduce greenhouse gas emissions, thus assisting in mitigating climate change.
Integration of Environmental Considerations
Moreover, the integration of environmental considerations into existing legal systems is fundamental. Many countries are reforming their laws to mandate Environmental Impact Assessments (EIAs) for major projects, ensuring that potential environmental harm is considered before development proceeds.
Challenges Faced
Despite these advancements, challenges remain. Enforcement of environmental laws often lacks the necessary resources and commitment, and there is a need for continual reform to address emerging environmental issues. Additionally, conflicts between economic development and environmental protection often hinder the effectiveness of law reform measures.
In conclusion, law reform measures have substantially assisted in protecting the global environment, though ongoing challenges must be addressed to enhance their effectiveness.
Step 2
Assess the effectiveness of the United Nations in promoting and achieving global environmental protection.
Answer
The United Nations (UN) plays a pivotal role in promoting and achieving global environmental protection through various mechanisms such as international treaties, awareness campaigns, and sustainable development initiatives.
Role and Initiatives
One of the primary functions of the UN is to facilitate international cooperation on environmental issues. Key initiatives, such as the United Nations Environment Programme (UNEP), work to coordinate responses to environmental challenges and provide guidance on best practices.
Global Treaties
The UN has been instrumental in the development and enforcement of numerous international treaties aimed at environmental protection. The Paris Agreement, which seeks to limit global warming to below 2 degrees Celsius, exemplifies how the UN drives collective action and accountability among countries. Furthermore, the Convention on Biological Diversity (CBD) works to protect ecosystems and biodiversity worldwide.
Awareness and Education
In addition to fostering treaties, the UN enhances global environmental awareness through various campaigns and programs. Events like World Environment Day create platforms for advocating environmental sustainability and encourage participation from civil society.
Limitations
However, the effectiveness of the UN in achieving global environmental protection can be limited by several factors. For example, the lack of binding enforcement mechanisms in many treaties results in inconsistent compliance from member states. Political interests often overshadow environmental priorities, leading to inadequate action.
Conclusion
Overall, while the UN has made significant strides in promoting and achieving global environmental protection, its effectiveness continues to be challenged by political will, financial resources, and the need for more stringent enforcement of international agreements.