International environmental law. International environmental law: concept, sources

International investment law.

The basic principle is formulated in the Charter of Economic Rights and Duties of States. Each state has the right to “regulate and control foreign investment within its national jurisdiction in accordance with its laws and regulations in accordance with its national goals and priorities. No state should be forced to grant preferential treatment to foreign investment.

A number of multilateral agreements containing investment provisions have been concluded: the North American Free Trade Agreement (NAFTA), the Energy Charter, etc. The World Bank and the IMF published a compendium in 1992 containing sample general provisions relevant laws and treaties.

In general, the mentioned treaties are aimed at liberalizing the legal regime of investments, on the one hand, and at increasing the level of their protection, on the other. Some of them provide foreign investors with national treatment and even free access. Many contain guarantees against uncompensated nationalization and against the prohibition of the free export of currency. Most treaties provide for the possibility of considering disputes between a foreign investor and the host state in impartial arbitration.

Russia is a party to more than 40 agreements, 14 of which were signed on behalf of the USSR.

Within the framework of the CIS in 1993, a multilateral agreement on cooperation in the field of investment activity was concluded. The regime created by the Agreement does not extend to third states. The Parties have granted each other national treatment in the totality of investment activities. A fairly high level of investment protection is provided. Investors are entitled to compensation for losses, including lost profits, caused to them as a result of illegal actions of state bodies or officials.

Question number 3. Concept, sources and principles

International environmental law – it is a set of norms and principles governing the relations of its subjects in the field of environmental protection and rational use her resources.

object interstate relations is environment as a complex material benefit, the basis of material and non-material benefits derived from it, conditions that guarantee the health and prosperity of present and future generations of people. First of all, those elements on which the existence of mankind depends, and the state of which, in turn, is determined by the behavior of states, are subject to international legal protection. These elements include the World Ocean and its resources, atmospheric air, flora and fauna, unique natural complexes, near-Earth space.

The main sources of international environmental law are international treaty and international custom. At the stage of formation of this industry, customary norms were widely applied. Thus, the principle prohibiting damage to the territory of a neighboring state as a result of the use of one's own territory, which is genetically related to the maxim of Roman law "so use your own so as not to harm someone else", has become widespread. Customary rules have provided the basis for the best-known decisions of international dispute tribunals regarding damage caused by environmental pollution.

Modern international legal regulation of environmental protection is formed mainly as a contractual one. Currently, there are about 500 general, regional, bilateral international agreements that directly affect the problems of environmental protection.

Among the general (universal) treaties are the Vienna Convention for the Protection of the Ozone Layer of 1985, the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment of 1977, and the Convention on Biological Diversity of 1992.

It is also necessary to mention regional environmental treaties: the 1992 Convention on the Protection of the Black Sea from Pollution, the 1973 Agreement on the Conservation of Polar Bears, the 1976 Convention on the Protection of the Rhine River from Chemical Pollution.

Bilateral treaties most often regulate the joint use of international freshwater basins, marine areas, flora, fauna. These documents define the agreed principles of activity and rules of behavior of states in relation to the environment in general or its specific objects (for example, agreements on cooperation in environmental protection signed by Russia in 1992 with Finland, Germany, Norway, Denmark; Agreement between the Russian government and the Government of Canada on cooperation in the Arctic and the North in 1992; the Agreement on border rivers between Finland and Sweden in 1971, etc.).

A feature of international environmental law is the prominent role of various declarations, strategies, often called "soft" law. The most important among such documents are the UN Declaration on Environmental Problems of 1992, the Declaration of Rio de Janeiro of 1992, which formally do not have binding legal force, have a significant impact on the rule-making process.

In the general system of norms of international environmental law, an important place is occupied by resolutions of international organizations and conferences that pave the way for positive law. As an example: the resolution of the UN General Assembly in 1980 "On the historical responsibility of states for the preservation of the nature of the Earth for present and future generations" and the World Charter for Nature in 1982.

The final completion of the formation of international environmental law as an independent branch of international law would be greatly facilitated by its codification. This issue has been repeatedly put forward in the framework of the United Nations Environment Program (UNEP). A universal codification act, by analogy with other branches of international law, would make it possible to systematize the principles and norms that have developed in this industry, thereby securing the legal basis for equal and mutually beneficial cooperation between states in order to ensure environmental safety.

AT Russian Federation the interaction of international and national law in the field of environmental protection develops in the following areas. Firstly, the 1991 Law “On the Protection of the Environment” enshrined the principles international cooperation RF in this area (Article 92), which comply with the principles of international environmental law. Secondly, in a number of laws there are references to international treaties of the Russian Federation, which indicates the joint application of national and international norms. The Federal Law “On Fauna”, adopted in 1995, repeatedly refers to the norms of international law, meaning, in particular, their priority in the field of use and protection of wildlife, protection and restoration of its habitat (Article 12), as well as their special role in relation to the objects of the animal world and the exclusive economic zone (Articles 3 and 4). Thirdly, At the federal level, special acts are adopted on the procedure for implementing contracts. Thus, the Decree of the Government of the Russian Federation of December 18, 1997 No. "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" establishes the conditions for the activities of Russian individuals and legal entities in the area of ​​the Treaty and the procedure for issuing appropriate permits.

Principles of international environmental law:

All the basic principles of international law are the regulators of legal relations in the field of environmental protection. However, international environmental law has its own specific principles.

1) The environment is the common concern of mankind. The meaning of this principle is that the international community at all levels can and must jointly and individually protect the environment. For example, the preamble to the 1992 Convention on Biological Diversity states that the conservation of biological diversity is the common goal of all mankind.

2) The principle of inalienable sovereignty of states over their natural resources provides sovereign right each state to develop its own resources in accordance with its environmental policy.

3) The natural environment outside the state borders is the common property of mankind. This principle is enshrined in the 1967 Outer Space Treaty, the 1982 UN Convention on the Law of the Sea.

4) Freedom to explore and use the environment and its components means that all states and international intergovernmental organizations have the right, without any discrimination, to carry out lawful peaceful scientific activities in the environment.

5) Rational use of the environment. This principle is characterized by the following elements: rational planning and management of renewable and non-renewable land resources for the benefit of present and future generations; long-term planning of environmental activities with an environmental perspective; maintaining the used natural resources at the optimally acceptable level, i.e. the level at which maximum net productivity is possible and no downward trend can be observed; scientifically grounded management of living resources.

6) Harm prevention. In accordance with this principle, all states must identify and evaluate substances, technologies, production that affect or may significantly affect the environment. They are obliged to systematically investigate, regulate or manage them in order to prevent harm to the environment or its significant change.

7) Prohibition of military or any other hostile use of funds impact on the natural environment expresses the obligation of states to take all necessary measures to effectively prohibit the use of those methods and means that can cause serious damage to the environment.

8) State responsibility. According to this principle, the state bears political or material responsibility in case of violation of the relevant international legal obligation.

States also bear civil liability for causing harm to the environment by its natural or legal persons or persons acting under its jurisdiction or control. This is provided for by the 1993 Convention on Civil Liability for Damage Caused to the Environment by Hazardous Substances, the 1972 Convention on International Liability for Damage Caused by Space Objects, etc.

Question number 4. International legal protection of objects

environment.

The concept of "international environmental law". Subjects of international environmental law. An object ( legal regulation) in international environmental law. The main directions of international cooperation in international environmental law. Objects of international legal protection of international environmental law. Some features of the origin and development of international environmental law. The main sources of international environmental law. Basic principles of international environmental law. International legal protection of various types of resources of the world nature (objects of political and legal protection of international environmental law). The main problems of modern international environmental law.

International environmental law (much less often in the scientific and educational literature the following synonymous designations are used: international environmental law, international environmental law) is a set of legal norms and principles that regulate international relations in the field of protection in order to protect and rationally use the world's natural resources. environment.

The subjects of modern international environmental law are modern states, as well as various international organizations (within this international legal branch, the role and specific gravity» contributions of international organizations in decisions and documents are significant).

Thus, the object (legal regulation) of international environmental law is the relationship of subjects of international law regarding the protection and reasonable exploitation of the global environment, designed to be carried out for the benefit of present and future generations of people.

International cooperation in the system of modern international environmental law is carried out in two basic areas:

• 1) creation of legal norms and standards protecting individual natural objects;
• 2) exercising supervision of a certain state or any international organization ensuring that any industrial, economic or other activity is carried out taking into account the consequences of this activity for the environment.

The objects of international legal protection of international environmental law (international environmental law) include:

• 1) various water resources of the world nature;
• 2) atmosphere;
• 3) ozone layer;
• 4) climate;
• 5) various living resources of the world nature (flora and fauna);
• 6) various ecological systems of the world nature (ecosystems);
• 7) soil;
• 8) Antarctica.

International environmental law is one of the newest and certainly the most important branches of modern international law. This international legal branch is actively developing in full measure in recent decades, which is associated with the constant increase in attention on the part of developed states and influential international organizations to the problems of protecting the environment and world nature, which characterizes the global political and legal situation in recent decades.

Accordingly, special attention is paid to environmental issues by many of the most modern international legal documents and political and legal standards. Thus, in the Millennium Declaration of the United Nations, the protection, protection and rational use of all living organisms and natural resources are attributed to the fundamental values ​​of human civilization and the modern international political and legal order.

Such close attention from the main "players" of the modern world political "arena" is also due to the fact that they all understand the importance and significance of the environment for all modern humanity; its universality and inseparability, as well as the fact that with the development of the scale of industrial production and with the increase in the population of the Earth, natural resources are becoming more and more depleted, which modern international legal entities are well aware of.

At the same time, it should be noted that the first provisions for the protection of the environment began to appear in international law in its other branches.

For example, protection provisions sea ​​waters contained in industry-specific conventions on the international law of the sea, in which special attention is paid to combating oil pollution. Thus, the first “maritime” international legal convention devoted to environmental issues was aimed at solving this problem - the International Convention for the Prevention of Marine Pollution by Oil, 1954. This Convention banned the practice of draining oil from sea vessels, which is detrimental to water spaces and resources of the world nature.

Over time, however, the need to single out political and legal standards, principles, categories for environmental protection into a separate international legal branch became finally clear and was put into practice by international legal entities.

The main sources of modern international environmental law are the following international legal documents:

• 1) Resolution of the General Assembly of the United Nations on the historical responsibility of states for the preservation of the nature of the Earth for present and future generations, 1980;
• 2) World Charter for Nature 1982;
• 3) United Nations Millennium Declaration 2000;
• 4) Convention on the prohibition of military or any other hostile impact on the natural environment of 1976;
• 5) Vienna Convention for the Protection of the Ozone Layer of 1985;
• 6) Convention on the Protection of Migratory Species of Wild Animals, 1979;
• 7) Convention on the Protection of the World Cultural and Natural Heritage of 1972;
• 8) The Antarctic Treaty of 1959, as well as a number of other international legal documents.

The most significant principles of modern international environmental law are:

• 1) the general principle of the obligation to protect the environment by all subjects of modern international law;
• 2) the principle of state sovereignty over natural resources located on its territory;
• 3) the principle of not causing harm to the nature of another state by one international legal entity (most often, a state) by any actions performed on its own territory;
• 4) the principle of responsibility of each international legal entity for causing harm to the nature of another state;
• 5) the principle of free access to information on the environment and the problems of its protection;
• 6) the principle of preventing radioactive contamination of the environment;
• 7) the principle of non-admission of military or other harmful effects on the environment.

As mentioned above, one of the first objects of international legal protection of the environment that attracted the attention of subjects of international relations was marine water resources. The above-mentioned International Convention for the Prevention of Marine Pollution by Oil of 1954 was followed by international conventions of a universal nature that developed the problem of protecting marine resources from various harmful substances: the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials of 1972 and the Convention for the Prevention of Pollution from Ships of 1973 .

The issue of international legal protection of the waters and marine resources of individual seas was the reason for the creation of interstate regional agreements.

The most significant among the interstate regional agreements dedicated to the protection of specific seas was the Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1974. This Convention strictly prohibited not only the pollution of the Baltic Sea carried out from ships, but also all land-based discharges of any toxic and harmful substances, waste, garbage. Based on the provisions of this Convention, its participants created a special Commission for the Protection of the Marine Environment of the Baltic Sea.

In 1992, the Baltic States adopted a new Convention for the Protection of the Natural Marine Environment of the Baltic Sea Area, which established even more stringent requirements for the protection of its resources.

The adoption of the new Convention on the protection of the Baltic Sea was associated both with significant changes in the political and legal status of the states of the region, and with the desire of the Baltic States to preserve their main natural value, their most significant natural resource, in this matter, focusing on the most stringent ( in relation to the protection of nature in general) political and legal standards of Western Europe.

Following the theme of the protection of marine resources, universal international legal standards and regional interstate agreements devoted to the protection of water resources of rivers and lakes followed. For example, the Convention on the Protection of the Rhine from Pollution by Chemicals of 1976, prepared by the Commission for the Protection of the Rhine from Pollution formed by several European states, is quite effective in terms of its implementation by the states parties to this international agreement.

At the same time, water, as the most important natural value, is becoming increasingly important in the conditions of the modern development of mankind, and to the greatest extent - due to the steady increase in its consumption throughout the 20th and early 21st centuries. and due to the extreme limitation of its resources, which applies primarily to fresh water resources.

Therefore, the problem of protecting freshwater basins has now acquired absolutely exceptional significance not only for international environmental law, but for all international law, as well as for the existing world political order as a whole.

Thus, a number of serious political analysts and specialists in the field of geopolitics predict with a significant degree of probability the possibility of military-political conflicts arising in the near future, connected precisely with the lack of fresh water, for example, in some states of the Near and Middle East (in particular, military operations are quite likely for fresh water between the Republic of Yemen and the Kingdom of Saudi Arabia).

As a result of a deep understanding by the subjects of modern international law of the exceptional importance of fresh water in the field of international environmental law, new extremely significant innovations have appeared in recent decades. For example, the UN International Law Commission prepared for the UN General Assembly its own draft articles on the political and legal provision of the non-navigational use of international watercourses.

In the Commission's draft, watercourses mean not only surface waters, but also those groundwaters that form single natural systems with surface waters (most often, surface and groundwater "tied" into one such system flow to one outlet). In turn, in the space of modern international law, all watercourses, parts of which are located in different states, are international.

The regimes for the use of international watercourses are determined by bilateral and multilateral agreements of the states with whose territories they are connected. At the same time, according to the standards of international environmental law, all states through whose territories international watercourses flow, without fail have the right to participate in such international agreements.

In turn, all states are obliged to use international watercourses exclusively in such a way as not to damage these natural resources. Modern states are obliged to ensure the protection and protection of international watercourses to the extent necessary, and to cooperate with each other on an equal basis in achieving this goal.

According to modern industry standards, the subjects of international environmental law should also pay close attention to the protection of the atmosphere, the ozone layer, the Earth's climate, the living resources of the world's nature (flora and fauna), soils and other resources of the world's nature.

In 1979, the Convention on Long-range Transboundary Air Pollution was adopted, subsequently supplemented by a number of International Protocols dedicated to the protection of air from the emission of various harmful substances:

• 1) Protocol to reduce sulfur emissions or their transboundary fluxes by at least 30 percent, 1985;
• 2) Protocol on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, 1988;
• 3) Protocol to control emissions of volatile organic compounds or their traffic flows, 1991 and some others.

Prior to that, back in 1963, the issue of international legal protection of the Earth's atmosphere was initiated by the Treaty on the Ban on Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water, concluded by the leading world powers, which provided, in particular, certain restrictions on the test regime caused by the need to protect the air. nuclear weapons.

The importance of international legal protection of the ozone layer is due to the fact that it is this natural resource that protects the Earth from the destructive impact ultraviolet radiation. However, at present the ozone layer has already been partially destroyed. This circumstance is primarily due to negative sides from industrial and other similar activities of modern mankind.

It was in order to protect the ozone layer in 1985 that the Vienna Convention for the Protection of the Ozone Layer was adopted. This defining industry international legal document sets out political and legal standards international control over the state of the ozone layer, as well as cooperation of international legal entities in order to protect it.

Also in 1987, the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Montreal Protocol) was adopted. This Protocol appeared due to the need for significant additions to the provisions of the 1985 Convention, timely realized by the subjects of modern international relations. The Montreal Protocol, which became the specific carrier of these additions, defines specific restrictions on the production of substances that adversely affect the this resource world nature.

The 1992 United Nations Framework Convention on Climate Change dealt directly with the problem of ensuring international legal protection of the climate. This Convention determined the general provisions and main areas of cooperation modern states in the protection of this, in many ways, key, category of world nature. This international document also established the principles and rules of the political and legal responsibility of states for the commission of actions that could lead to the onset of adverse consequences for the Earth's climate.

It should be emphasized that the industrial and other similar activities of mankind can significantly affect the global climate, and any abrupt climate change, in turn, can lead to such negative consequences as:

• 1) the appearance on the map of the Earth of new (including vast) deserts or areas practically devoid of water and vegetation;
• 2) a significant rise in sea level, and this can lead to the flooding of many spaces that have long been mastered by mankind.

Therefore, climate protection attracts the constant attention of the main international legal actors. In 1997, the Japanese city of Kyoto adopted a protocol to the 1992 Framework Convention, which obligated the so-called developed countries, as well as states (countries) with economies in transition, to reduce greenhouse gas emissions into the atmosphere (primarily carbon dioxide) , which is the greatest threat to the planet's climate.

The norms and standards of the Kyoto Protocol are mandatory for the member states of this international agreement. At the same time, the importance and defining nature of this international political and legal agreement in the field of international environmental law are clearly visible at least from the fact that more than 190 states participated in this agreement (as of 2013).

Speaking about the protection of various (primarily rare and endangered species) representatives of the animal world, it is necessary to especially note the provisions:

• 1) "World Charter for Nature" 1982;
• 2) Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973;
• 3) Convention on the Protection of the World Cultural and Natural Heritage of 1972;
• 4) Convention on the Protection of Migratory Species of Wild Animals 1979

Thus, according to the fundamental sectoral provision of the "World Charter for Nature" of 1982, all living resources of the Earth should not be used by subjects of international relations (as well as by any individuals and legal entities) "in excess of the possibilities of their restoration" (Article 10).

The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, in turn, establishes the political and legal framework for controlling trade in endangered species.

The purpose of this Convention is to guarantee the existence wild species animals and plants acting as objects of international trade. Achieving this goal should be carried out through the implementation of international requirements for licensing and certification of trade in certain species of animals and plants.

At the same time, this Convention provides for certain sanctions in the form of establishing a system of fines, as well as the possibility of confiscation of prohibited goods from unscrupulous sellers.

The 1972 Convention on the Protection of the World Cultural and Natural Heritage is dedicated to ensuring international cooperation in solving the problem of protecting the habitats of endangered species of animals and plants, as well as natural complexes and ecological systems of particular importance.

Thus, the objects of legal protection of the 1972 Convention are both flora and fauna, and ecological systems of the world nature.

The legal standards of modern international environmental law especially highlight migratory species of wild animals as the most susceptible negative impact from various factors (including human actions).

Animals - objects of protection of the Convention on the Conservation of Migratory Species of Wild Animals of 1979 include, in particular:

• 1) seals;
• 2) cetaceans of the Baltic and North seas;
• 3) bats living on the European continent;
• 4) Afro-Eurasian and Asian-Australian waterfowl;
• 5) white cranes.

International legal standards for the protection of flora especially emphasize the protection of tropical forests as one of the categories of the Earth's flora most endangered by the threat of destruction. The solution of this problem (as well as the regulation of relations between states-producers and states-consumers of tropical timber) is devoted to the International Agreement on Tropical Timber of 1983.

Also, the provisions of the International Plant Protection Convention of 1951, which provide for specific joint actions of states to combat the spread of diseases and dangerous pests among various plants, are of significant importance in the protection of flora.

The United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Especially in Africa, 1994, is dedicated to the international legal protection of the world's soils.

The emergence of this Convention was caused by a significant aggravation of the problem of land (soil) degradation in arid and semi-arid regions of the Earth (primarily in a number of African countries).

The Conference of the Parties, which has a full range of powers to make the necessary political and legal decisions in the scope of the Convention, has become the supreme body of the Convention. The Conference of the Parties,; abbreviated as COP), and the key subsidiary body of the Conference is the Committee on Science and Technology, whose task (in accordance with the provisions of Article 24 of the Convention) is to provide professional information and specialized advice on all scientific and technical issues related to combating desertification and mitigating the consequences drought.

In general, the problem of international soil protection is closely related to the problem of protecting climate, flora and world water resources.

Speaking about the international protection of the nature of Antarctica, it is necessary to point to the Antarctic Treaty of 1959.

According to the provisions of this Treaty, Antarctica is proclaimed a demilitarized territory, on which the construction of any military bases and facilities, as well as the conduct of military exercises and tests, is completely prohibited, which is essential, including from the standpoint of international environmental law.

In addition, this Treaty proclaims Antarctica a nuclear-free territory, which means a complete ban on the burial, storage and testing of radioactive materials and nuclear waste on its territory, which is especially important in protecting nature in this territory of the globe.

At the same time, a special place in the development of this international legal branch is occupied by the environmental protection activities of the UN. So, often, the most fundamental proposals and the most defining international political and legal standards in the field of protecting world nature are contained in the resolutions of the UN General Assembly.

In addition, the United Nations Economic and Social Council (ECOSOC) is actively involved in environmental and environmental issues.

A significant role in the protection of the global environment also belongs to other special agencies and organizations of the UN system:

• 1) United Nations Industrial Development Organization (UNIDO);
• 2) the World Health Organization (WHO);
• 3) UNESCO;
• 4) International Atomic Energy Agency (IAEA);
• 5) Food and Agriculture Organization of the United Nations (FAO).

There is also a special UN Environment Program (UNEP), which is actually a sectoral international organization, although legally it is just a kind of subsidiary body created in accordance with the resolution of the UN General Assembly dated December 15, 1972 No. 2997.

This "organization" (UNEP) has a primary role in promoting the development of international environmental law, especially in the development of international standards and the preparation of conventions in the field of ecology and environmental protection.

Other international intergovernmental organizations, primarily the OSCE, also play a serious role in international environmental protection.

This organization (Organization for Security and Cooperation in Europe) is the most concerned, with the exception of the UN, international intergovernmental organization of modern times with environmental issues. Protection of the world's nature (within the framework of the OSCE) is, first of all, ensuring environmental security on the European continent (OSCE is a regional organization).

Among the international non-governmental organizations involved in environmental protection (including the preparation (elaboration) of various legal initiatives), the most prominent role belongs to such an organization as Greenpeace(translated from English "Green World").

It is various international organizations that, as a rule, are the real “locomotive” for the development of such an important branch of modern international law as international environmental law.

The main problems of international environmental law on this moment remain:

• 1) insufficient protection of the atmosphere from emissions of various harmful substances;
• 2) insufficient activity of the governments of the states of the "third world" in the protection of the environment;
• 3) insufficient development of measures to prevent various man-made disasters and overcoming the consequences of these emergencies (PE).

In addition, it is impossible not to recognize the existence of objective contradictions between the socio-economic need for many states and their governments to intensify the development of industrial production in those sectors that can negatively affect the nature of these states (and, consequently, world nature as a whole), and also between the ever-increasing consumption on a global scale and the simultaneous decline of the world's natural resources.

These contradictions simply must be the subjects of constant work for all responsible subjects of international environmental law, which, however, does not at all guarantee their 100% resolution by existing political and legal methods and tools.

The problems of conservation of rare and endangered species of fauna and flora became obvious to specialists only with late XIX century. Soon these problems became obvious to the general world community. As a result of the discussions, for example, in 1902 in Paris, one of the first international biological agreements was signed, affecting, among other things, the conservation of rare species - the International Convention for the Protection of Rare Birds.

Thus, environmental law, as an independent sphere of legal regulation of social relations, to a large extent began to take shape, first of all, not as a system of national legislation, but as international environmental law.

Considering the problem of the existence of international environmental law, one can refer to the study of M.I. Lazarev, who formulated the following conditions for recognizing a set of legal norms as a special branch of law:

1) a specific range of social relations;

2) specific rules governing these relations;

3) sufficiently large social significance of the range of social relations;

4) a fairly extensive amount of regulatory material;

5) the interest of society in the allocation of a new branch of law;

6) special principles of law governing the construction of a new branch of law.

Considering international environmental law from these positions, we can state that it meets all of the listed features.

The fact that international environmental relations, including relations regarding environmental protection, rational use of natural resources, ensuring environmental safety and respect for environmental human rights, have a certain specificity, today none of the scientists is in doubt. At the same time, the parties in such relations are the traditional subjects of international law.

Many norms governing international relations also have specific features. In addition to the traditional forms of fixing international legal norms - an international treaty and international legal custom - the so-called norms of "soft" international environmental law, namely the framework conventions and standards adopted by international organizations, turned out to be in demand here. The norms of "soft" law in international environmental law are formalized in resolutions, agendas, codes, declarations, guidelines, etc.

The expansion of ecological ties between all states, the growing ecological interdependence between them, the course towards the restructuring of international environmental relations on the basis of equality and mutual benefit - all these are the most important factors of modern community development, prerequisites for the creation of a system of international environmental security. Numerous international treaties, resolutions and declarations on international environmental security, environmental protection and rational use of natural resources adopted over the past century unequivocally testify to the great importance that the world community attaches today to environmental legal relations.

The volume of regulatory and legal material in the field of regulation of international environmental legal relations has been expanded - at present there are more than five thousand international treaties and agreements in this area, a third of which are multilateral.

Today, in all the largest and most important natural objects relevant bilateral and multilateral international treaties and agreements have been concluded that regulate both the mutual rights and obligations of the participants in connection with their use, and the issues of their protection and prevention of pollution from almost all known sources. The most developed in this regard is the field of marine environment protection.

The interest of both individual states and the international community as a whole in the existence of an independent industry - international environmental law is obvious and is expressed both in a huge regulatory and legal material international character, and in numerous, almost annually convened international conferences on the protection, protection and use of the environment, among which a special place is occupied by the Stockholm Conference on human environment Wednesday 1972, 1992 United Nations Conference on Environment and Development in Rio de Janeiro, 2002 World Summit on Sustainable Development in Johannesburg (World Earth Summit).

The final answer to the question about the number and content of special sectoral principles of international environmental law can only be the adoption of a special codified international legal act of a universal nature in this area of ​​public relations.

As the most important milestones in its emergence in its modern form, we can mention the first international document - the Agreement on the Protection of Fur Seals (1897) and the first international conference on the protection of the natural environment, which was held in Bern in 1913.

Currently, international treaties in the field of environmental law regulate environmental protection issues related to the use of not only domestic natural objects, but also natural objects that are outside national jurisdiction, the sphere of state sovereignty. International natural features include the oceans beyond territorial waters, continental shelf and economic zones, Antarctica, Earth's atmosphere, outer space. The legal regime of such international natural objects is regulated mainly by international treaties.

Of great importance is the international legal protection of wildlife (Convention on Biological Diversity - Rio de Janeiro, June 5, 1992; Agreement on the Conservation of Polar Bears - Oslo, November 15, 1973, etc.), protection of border and transboundary water objects (Convention on the Protection and Use of Transboundary Watercourses and International Lakes - Helsinki, March 17, 1992), marine environment conservation (Convention for the Protection of the Black Sea from Pollution - Bucharest, April 21, 1992, Convention on the Protection of the Marine Environment of the Baltic Sea Area - Helsinki, March 22, 1974), ocean protection (International Convention for the Prevention of Pollution from Ships - London, November 2, 1973, United Nations Convention on the Law of the Sea - Montego Bay, December 10, 1982), protection Earth's Atmosphere, Climate and the Earth's Ozone Layer (United Nations Framework Convention on Climate Change - New York, May 9, 1992, Vienna Convention for the Protection of the Ozone Layer - Vienna, March 22, 198 5 years and others).

Concerning conservation surrounding nature internationally, it can be noted that long before the revolution of 1917, the state policy of Russia on its national outskirts contained pronounced environmental and legal and natural resource aspects.

The largest and most universal subject in the formation of international environmental policy in the post-Soviet space is the Commonwealth of Independent States.

Issues of cooperation in the environmental sphere within the framework of the Commonwealth of Independent States were identified in initial period his formation. In February 1992 in Moscow, the first item on the agenda of the meeting of the Council of Heads of Government was the issue of consideration and adoption by the heads of government of the Agreement on Cooperation in the Field of Ecology and Environmental Protection. Article 1 of the Agreement states that “the High Contracting Parties develop and implement a coordinated policy in the field of ecology and environmental protection (protection and use of land, soil, subsoil, forests, water, atmospheric air, flora and fauna, natural resources of the continental shelf , the economic zone and the high seas beyond the limits of national jurisdiction) taking into account the international agreements previously concluded by the USSR”. This Agreement has an appendix with a list of fifty-six international agreements concluded by the USSR on ecology and environmental protection.

Within the framework of this Agreement, the heads of government also agreed to establish an Interstate Ecological Council.

On December 5, 2012, the Decision of the Council of the CIS Heads of State on declaring 2013 the Year of Ecological Culture and Environmental Protection in the Commonwealth of Independent States was signed in Ashgabat. It is especially noteworthy that this year was devoted not just to environmental safety as a phenomenon of objective reality, but first of all to environmental culture as a subjective factor in the sustainable development of society in harmony and balance with the environment.

One of the legal concepts of ecological culture is revealed in the Model Environmental Code for the member states of the Commonwealth of Independent States, adopted by Resolution No. 27-8 of November 16, 2006 at the XXVII plenary session of the Interparliamentary Assembly of the CIS member states.

Article 1 of this code proposes to understand ecological culture as “domestic and world experience of harmonious interaction between man and nature”. This laconic and far from indisputable definition is enshrined at the Commonwealth level in an act that is rather advisory in nature and is intended only to serve as a basis for the development by member states of their national environmental legislation.

The Model Code of the CIS, which pays considerable attention to the problems of ecological culture, contains quite applicable norms on this matter, which deserve reception in all countries of the Commonwealth, including Russia.

One of the main shortcomings of the Federal Law "On Environmental Protection" should be considered, for example, that, while operating with the concept of "ecological culture", recognizing it as one of the most fundamental for the purposes of this law, the legislator, however, does not disclose this concept, does not give any legal definition of this concept, leaving a gap for ambiguous interpretations and discrepancies.

According to D.O. Burkin, a significant drawback of the Russian legislation on environmental culture is that we still do not have a special law on environmental education, while some other countries of the Commonwealth of Independent States adopted such laws long ago. An example is the Law of the Republic of Azerbaijan dated December 10, 2002 No. 401-ІІГ “On environmental education and enlightenment of the population”.

Meanwhile, the 12th chapter of the CIS Model Code "Basics for the Formation of Ecological Culture" is devoted to a serious development of the problem of raising the level of ecological culture.

In general, this model code regulates legal relations in the environmental sphere: in the field of nature management, environmental protection and ensuring environmental safety guarantees.

The Code defines the competence of public authorities of the state, public authorities of subjects of the administrative-territorial division of the state, the rights and obligations of individuals and legal entities, the procedure for state legal regulation in the environmental sphere, as well as liability for violation of environmental legislation.

The ideas and concept behind this document seem to be extremely important. We believe that it is precisely along this path - through the creation of complex international legal environmental acts that international environmental law should develop in the future.

The concept of international environmental law

International environmental law is a set of principles and norms of international law that regulate the relations of its subjects in the field of environmental protection and the rational use of its resources . In domestic literature, the name is more common "international environmental law"Term "environmental law"It seems preferable only because of its international use. S. V. Vinogradov, O. S. Kolbasov, A. S. Timoshenko, V. A. Chichvarin are known for research in this area.

In our time, international environmental protection comes to the fore. The consequences of insufficient attention to the problem can be catastrophic. It is not only about the well-being of mankind, but about its survival. It is especially alarming that the degradation of the natural environment may be irreversible. Pollution of the world's oceans is detrimental to human health and fish stocks. Interregional projects for the construction of dams, dams, canals, drainage of swamps lead to the degradation of world agricultural lands, drought and soil erosion in many countries of the world. Hence malnutrition, hunger, disease. Air pollution is causing more and more significant damage to the health of people on our planet. The mass destruction of forests adversely affects the planet's climate and reduces biodiversity, the gene pool. A serious threat to health is the depletion of the ozone layer, which protects against harmful solar radiation. Leads to catastrophic changes in the Earth's climate " Greenhouse effect", i.e. global warming as a result of growing emissions carbon dioxide in atmosphere. The irrational use of mineral and living resources leads to their depletion, which again poses the problem of the survival of mankind. Finally, accidents at enterprises associated with the release of radioactive and toxic substances into the atmosphere, not to mention the testing of nuclear weapons, cause enormous damage to human health and nature. Suffice it to recall the accident at the Chernobyl nuclear power plant and at the American chemical plant in India. Armed conflicts cause great damage to the environment, as evidenced by the experience of wars in Vietnam, Kampuchea, Yugoslavia, the Persian Gulf, in particular, the war in Iraq.

The position of states in relation to international environmental protection is different. In developing countries, environmental problems can call into question the success of the development process, and there are no funds to change the situation. In the most developed countries the existing system of consumption leads to such a depletion of resources not only of their own, but also of other countries, which creates a threat to future development throughout the world. This shows that international environmental protection concerns all aspects of the development of society and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the international policy of any state. Since the national parts of the environment form a single global system, so protecting it should become one of the main goals of international cooperation and an integral element of the concept of international security. In a resolution of 1991, the UN General Assembly indicated the importance of peace for the protection of nature and noted the inverse relationship - the conservation of nature contributes to the strengthening of peace, ensuring the proper use of natural resources.

All of the above stimulates the dynamic development of international environmental law. Noteworthy is the peculiarity of this development, which consists in the large role of the public and the means. mass media. Many international acts in the field of international environmental protection are adopted by governments. Mass movements in defense of nature, various parties of "green" become more and more influential.

The position of governments is explained by differences in interests. International environmental protection is very costly. It negatively affects the competitiveness of goods. Activities on their territory do not prevent transboundary pollution. For example, Russian factories on the Kola Peninsula are damaging the Norwegian environment. In 1996, Russia entered into an agreement for Norway to finance the installation of filters at a metallurgical plant on the Kola Peninsula. In general, an international problem can only be solved on a global scale, and this requires colossal funds.

International environmental law began to take shape as customary law, first of all, it concerns its norms and principles. This is how the basic principle of international environmental law was established - the principle of not harming the nature of another state by actions performed on its own territory . The most common principle -- the principle of environmental protection . There is a formation the principle of responsibility for causing harm to the nature of another state . I will especially note cardinal principle , which was formulated in the Declaration of the UN Conference on the Human Environment of 1972 as follows: "Man has the fundamental right to freedom, equality and proper conditions of life, to an environment of such a quality that it makes it possible to live with dignity and well-being."

International environmental law is closely connected not only with human rights, but also with other branches of international law. It should be emphasized that environmental protection is the principle also of maritime and space law . Considerable attention is paid to the protection of workers from a polluted environment by the International Labor Organization; for example, in 1977 it adopted the Convention for the Protection of Workers from Occupational Hazards from Air Pollution, Noise and Vibration.

In the general process of formation of customary norms of international environmental law, an important role belongs to the resolutions of international organizations and conferences that pave the way for positive law. As an example, I will point to such acts of the UN General Assembly as the 1980 resolution. "On the historical responsibility of states for the conservation of the nature of the Earth for present and future generations" and the World Charter for Nature 1982

Treaties are an important source of international environmental law.. Per last years adopted a whole range of universal conventions in this area, which give an idea about the subject of this branch of international law. First of all, this Convention on the Prohibition of Military or Any Other Hostile Impact on the Environment of 1977, as well as the Convention for the Protection of the Ozone Layer of 1985, the Convention on the Protection of Migratory Species of Wild Animals of 1979, the Convention on International Trade in Species of Wild Fauna and Flora, located Endangered, 1973, UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972

The leading role in the development of international environmental law belongs to international organizations. A special place is occupied by the UN. The principle resolutions of the General Assembly have already been noted earlier. The Economic and Social Council is constantly dealing with environmental issues, an important role belongs to other organizations of the UN system, as well as its regional commissions. In their field, they are engaged in the development of norms and principles for the protection of the environment United Nations Industrial Development Organization (UNIDO), UNESCO, International Atomic Energy Agency (IAEA), World Health Organization (WHO), Food and Agriculture Organization (FAO). There is a special UN Environment Program (UNEP ), which is practically an international organization, although legally it is a subsidiary body created by a resolution of the General Assembly. UNEP has a primary role in promoting the development of international environmental law. Within its framework, the foundations of this right are being developed, the preparation of conventions is being initiated.

They play a significant role regional organizations. Environmental protection is one of the main tasks OSCE. Within its framework, a number of convention acts and a number of decisions in this area have been adopted.

Cooperation within the CIS is called upon to play a significant role in protecting the environment. This task is set by the CIS Charter and confirmed by many other acts. The 1996 agreement between Belarus, Kazakhstan, Kyrgyzstan and Russia obliges to increase "cooperation in the field of environmental protection, including the development and adoption of unified environmental safety standards" . The parties "take joint measures to prevent and eliminate the consequences of accidents, natural disasters, nuclear and environmental catastrophes" (Article 9). The above provisions give an idea of ​​how the principle of environmental protection is understood in the mutual relations of the CIS countries.

To implement the principle in 1992, the CIS countries concluded Agreement on cooperation in the field of ecology and environmental protection. On the basis of the Agreement, the Interstate Ecological Council was established, and under it the Interstate environmental fund. The task of the Council is to coordinate the cooperation of states in the field of nature protection, to prepare appropriate regulations. The Fund is intended to finance interstate programs, assistance in liquidation of emergency environmental situations, as well as project and research work in the field of environmental protection.

Protection of various types of environment

Maritime Wednesday one of the first to be protected. The relevant provisions are contained in the general conventions on the law of the sea. Particular attention is paid to the fight against oil pollution. The first environmental universal convention is devoted to this problem - London Convention for the Prevention of Marine Pollution by Oil, 1954 She banned the discharge of oil and oil-water mixture from ships: After a series of accidents with tankers, new conventions are being adopted. Brussels Convention on Intervention on the High Seas in Cases of Oil Pollution Accidents, 1969 ., granted coastal states very broad powers, up to the right to destroy the vessel and cargo in the event of a threat of serious pollution of the coast and coastal waters. The Convention has paved the way for the fight against marine pollution and other substances in similar cases (Protocol 1973).

Naturally, the question arose of compensation for the damage caused by oil pollution. It refers to Brussels Convention on Civil Liability for Oil Pollution Damage, 1969 She established the absolute, that is, not dependent on fault, liability of shipowners, at the same time limited its size, however, by a rather high ceiling. Combating the consequences of oil pollution requires joint action by states. The organization of such actions is dedicated Convention on Oil Pollution Preparedness, Control and Cooperation 1990

The prohibition of all operational discharges from ships is contained in Convention for the Prevention of Pollution from Ships, 1973 Dedicated to the burial of environmentally harmful substances in the sea Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972

Agreements have also been signed at the regional level. So, Convention on the Protection of the Black Sea from Pollution 1992 deals with issues of land-based sources of pollution, disposal, and cooperation in the fight against pollution by oil and other harmful substances in emergency conditions.

The Baltic Sea also occupies a special position. It was categorized as a "special area" Convention for the Prevention of Marine Pollution from Ships, 1973 These areas are subject to increased pollution prevention requirements. In 1974, the Baltic countries concluded Helsinki Convention for the Protection of the Marine Environment of the Baltic Sea Area . Its peculiarity lies in the prohibition of pollution of the sea from land. The Commission for the Protection of the Marine Environment of the Baltic Sea was established on the basis of the Convention. However, it soon became clear that the provisions of the Convention were insufficient, and in 1992 a new Convention for the Protection of the Marine Environment of the Baltic Sea was adopted, which established more stringent requirements. I will especially note that its action extends to a certain part of inland waters, the limits of such distribution are determined by each state.

Waters of rivers and lakes have such significant differences that the development of a common convention was impossible. Even prepared by the Council of Europe in 1974 regional convention failed to garner the required number of ratifications. Separate provisions on the prevention of river pollution are contained in agreements on other issues. The mentioned Convention on the Baltic Sea also affects the rivers flowing into it. But in most cases, issues of protection are resolved by agreements of the coastal states, however, so far unsatisfactorily. As a positive example, one can refer to the norms and organizational forms for the protection of the waters of the Rhine. In 1963 was signed Berne Convention for the Protection of the Rhine from Pollution. For its implementation, a Commission was established, which prepared in 1976 Convention for the Protection of the Rhine Against Chemical Pollution and another for protection against chlorides.

In connection with the growing consumption of fresh water and the limited nature of its resources, the issue of protecting freshwater basins is of paramount importance. As a result, new aspects of international environmental law are emerging. Responding to the demands of life, the UN International Law Commission prepared and submitted to the General Assembly draft articles on the right of the non-navigational use of international watercourses.

A watercourse is understood as a system of not only surface, but also groundwater, forming a single whole and usually flowing to one exit. International watercourses are watercourses, parts of which are located in different states. The regime of such watercourses is determined by the agreement of the states with whose territory they are connected. Each such state has the right to participate in the agreement.

States are obliged to use watercourses in such a way as to provide them with the necessary protection. They are obliged to participate in the protection of watercourses on an equitable basis, to cooperate to achieve this goal.

Air environment , as already noted, is the common property of mankind. Despite this, its protection is not reflected in any way in international environmental law. The issue is being resolved at the bilateral and regional levels. Perhaps the only significant step in this area is the training within the framework of the OSCE Convention on Long Range Transboundary Air Pollution 1979, subsequently supplemented by a number of protocols. Particular attention is paid to the reduction of sulfur emissions into the atmosphere, which generate acid rain, which are transported over long distances and harm all living things on the planet.

An important direction in the protection of nature is cooperation in countering the growth of the greenhouse effect, i.e. global warming as a result of saturation of the atmosphere with carbon dioxide, the main source of which is motor transport. The consequences of this effect may turn out to be catastrophic in the coming decades. On the one hand, new vast deserts will appear, and on the other hand, the rise in sea level will lead to the flooding of large spaces developed by man. In 1992 was adopted United Nations Framework Convention about climate change. She determined the general provisions and main directions of cooperation. A common responsibility of states is established, but differences in economic potential must be taken into account. Particular attention should be paid to the interests of developing countries, which are most vulnerable to negative climate change, and on the other hand, have the least ability to counteract this.

Ozone layer protects the Earth from the harmful effects of ultraviolet radiation from the Sun. Under the influence of human activities, it was significantly depleted, over some areas appeared "ozone holes". In 1985 was adopted Convention for the Protection of the Ozone Layer. It is about monitoring his condition and cooperating to protect him. In 1987 appeared Montreal Protocol on Substances that Deplete the Ozone Layer. Restrictions have been placed on the production of substances that adversely affect this layer.

Radioactivity as a result of the peaceful and military use of nuclear energy has become a serious danger to life on Earth. An important step in its reduction was Moscow Treaty on the Prohibition of Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water, 1963 The IAEA sets safety standards for the use of nuclear energy in the national economy, including the safety of workers associated with it. was prepared Convention on the Physical Protection of Nuclear Materials 1980 The Convention contains provisions that allow any state to bring foreigners to criminal liability for relevant crimes, regardless of the place of its commission.

In Europe it operates European Atomic Energy Agency . The main standards in the area under consideration are established by the Treaty Establishing the European Atomic Energy Community (EUROATOM).

Protection of fauna and flora

1972 United Nations Stockholm Conference on the Human Environment endorsed the principle that the earth's natural resources, including air, water, surface, flora and fauna, should be protected for the benefit of present and future generations through careful planning and management, where appropriate.

The overall strategy was developed by a non-governmental organization - the International Union for Conservation, Nature and Natural Resources - and published in 1982 in the form of a Program of Action "World Conservation Strategy". In the process of preparing the document, numerous consultations were held with governments and international organizations. The aim of the strategy is to promote the achievement of sustainable development through the conservation of living resources by offering governments effective methods regulation of these resources. The strategy is aimed at supporting important ecological processes and self-preservation of systems, such as soil restoration and protection, nutrient recycling, water purification, and biodiversity conservation. Many vital processes depend on all this. The task is to ensure the supportive use of certain species of animals and vegetation, as well as ecosystems.

The achievement of these goals should be as soon as possible. The possibilities of the Earth to provide for its population are shrinking all the time. Many millions of tons of soil are lost each year as a result of deforestation and misuse. At least 3 thousand square meters per year km of agricultural lands go out of circulation only in industrialized countries as a result of the construction of buildings and roads.

As one of the important means of achieving its goals, the strategy points to a radical improvement in the legislation on natural resources. It is necessary to create a more effective and comprehensive national environmental law, along with the intensification of the development of international environmental law. The survival of all the diversity of nature, including man, can only be ensured under the condition that the policy of states will be built with an understanding of the fact that all elements of nature are interconnected, interdependent, that the environment is a single global system.

World Charter for Nature , was approved and solemnly proclaimed by the General Assembly in 1982. According to the Charter, living resources should not be used beyond the possibilities of their restoration; soil productivity should be maintained and increased; resources, including water, should be recycled and reused as far as possible; non-recoverable resources should be used with the maximum limitation.

Among the conventions dedicated to flora and fauna, I will name first of all Convention concerning the Protection of the World Cultural and Natural Heritage of 1972 , designed to ensure cooperation in the protection of natural complexes of particular importance, habitats of endangered species of animals and plants. The protection of the plant world is dedicated to Tropical Forest Agreement 1983 The general meaning is Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 ., which determined the basics of control over such trade.

The bulk of the conventions are aimed at protecting various representatives of the animal world - whales, seals, polar bears. I will especially note Convention on Biological Diversity 1992 , whose name gives an idea of ​​its content. It is also important Convention on the Conservation of Migratory Species of Wild Animals 1979

All of the above gives an idea of ​​the colossal importance of protecting the environment and the urgency of decisive measures based on broad cooperation between states. This also determines the role of international environmental law, which still lags behind the needs of life.

International Conservation of Natural Resources. Western practice.

What is more expensive - a small fish or a big dam?

In the rapids of the Little Tennessee River lives a small inconspicuous fish - snail darter Discovered for the first time in 1973, this representative of the perch family is found only here.

In the same year that the snail darter was discovered, the US Congress passed the Endangered Species Conservation Act. population endangered species so small that in the near future they may be completely wiped off the face of the earth. The law, in particular, states that the actions of the federal government should not threaten the existence of species listed in the Red Book, and species that are about to get there; these government agencies should also prevent the destruction or alteration of the habitats of species whose numbers have reached a critical level.

In 1966, seven years before people first knew about the existence of the snail darter, the US Congress authorized the construction of a dam on the river. Tellico, which was to be conducted under the direction of the Administration for the Basin of the river. Tennessee, as well as reservoirs on the Little Tennessee River. Until the discovery of the dar-ter, the construction of the dam was half completed. By 1975, when the darter was registered as an endangered species and listed in the Red Book, the construction of the dam was already three-quarters completed.

But darters do not breed in stagnant reservoir water; they need running water to breed. Thus, the completion of the dam, which cost an estimated $116 million, threatened to destroy the spawning grounds of the discovered new species, which would immediately lead to the death of the entire darter population and violation of the law on the conservation of endangered species. A number of environmental groups filed a case to stop construction, which eventually ended up in the Supreme Court. In 1978, when the dam was already 90% complete, the Supreme Court ruled that the construction project did in fact violate the adopted environmental law and therefore should either be canceled or changed. But did members of Congress really care when they passed this law to save a small population of small fish (these darters are 7.5 cm long)? As Holden (1977) noted, “There is no doubt that many members of Congress voted in favor of this legislation out of genuine concern for the cute dark-eyed creatures or winged creatures soaring high in the sky, but in the end they found themselves in front of Pandora's box, which hides countless crawling creatures, whose existence they never even suspected.”

Discussions that unfolded around the small fish forced the Tennessee River Basin Administration to reconsider plans to build a dam on the river. Little Tennessee, which is one of the few surviving rivers in the region with clear, cold water and abundant fish. These discussions also prompted the US Congress to amend the Endangered Species Act, under which even a tiny fish would feel protected from the threat of a grand structure project. (NYT Pictures).

What is the value of any kind? Why should we strive to save them from the threat of extinction? Do we have the right to decide which species deserve to be saved and which do not? According to scientists, from 5 to 10 million species currently live on Earth, but to date, ecologists have discovered and described only from 1 to 1.5 million species. Meanwhile, the discovery of new species is increasingly turning into a fast-paced race, where the rival is endangered species. AT prehistoric times in every thousand years, about one species died out. Today we lose one species every year. Over the next 20 years, about a million species may disappear, most of which live in tropical rainforests.

Wildlife is an inexhaustible source of resources

Even such highly developed countries as the United States cannot do without gifts. wildlife(fuel, fish, nuts, berries, wood used as fuel, etc.). The annual production of products based on animal and plant raw materials obtained from the wild in the United States is estimated at 2.8 billion dollars. The use of wood for heating houses in the seventies increased by 50%. In the state of Vermont, for example, more than half of the homes are currently heated primarily by wood.

In developing countries, the importance of natural resources as food and fuel is even higher. Ten percent of the total amount of animal protein consumed worldwide comes from fish. In many developing countries, only wood is used for heating and cooking.

Ecosystem "household services"

In addition to the benefits that nature provides us in the form of food and fuel and which are easy to quantify, wild animals and plants provide us with a number of other services that, figuratively speaking, can be attributed to the ecosystem "household service". Plants give off oxygen that people and animals breathe. Further, plants and microorganisms purify water and air from pollutants, participate in the cycle of nutrients, and soften the climate. If one of these "services" can be provided through technological processes(removal of phosphates from wastewater can be done at treatment facilities, although this is more expensive), others are practically irreproducible.

The practical importance of wild animals and plants for medicine, agriculture and industry.

Disappeared species are forever lost opportunities. Wild animals and plants are the source medicines, food and raw materials used in industry. 25% of the drugs commonly used in the US today contain herbal extracts that cannot be obtained synthetically. These include tranquilizers such as reserpine, various antibiotics, pain relievers, and drugs used in the treatment of heart disease and to lower blood pressure. Vincristine, derived from the tropical periwinkle, has been successfully used in the treatment of Hodgkin's disease, a disease that kills 5,000 to 7,000 Americans every year. Meanwhile, only 5,000 plant species have been studied for the production of drugs. According to scientists, another 5,000 medicinal plants can be found among the 500,000 species growing on our planet.

Agronomists have discovered useful qualities in many organisms. For example, biological control methods, including the use of certain types of organisms to protect crops from the harmful effects of others, occupy an important place in agriculture. In particular, some species of wasps successfully protect sugarcane plantations from moths. Diatraea saccharalis. In addition, in modern agriculture, the practice of crossing different plant species is widely used in order to obtain hybrids characterized by high productivity. Genetic engineering is only at the beginning of its development today, but it is already clear that in the future it will be possible to transfer the desired genes that control traits useful for humans from one plant to another. Examples include properties such as resistance to various diseases, drought, insect pests, as well as medicinal properties and high protein content. The reduction in the number of diverse species on earth means a reduction in the genetic fund of wildlife. Every time we allow a species of animal or plant to go extinct, we risk forever losing either a beneficial organism or a beneficial gene.

Many plants release chemicals that are natural insecticides (killing insects) or herbicides (killing weeds). Others serve as a source of wax, lubricating oils, resins, fragrance oils, and dyes. This list can be continued indefinitely. Meanwhile, this is only what has already been found in useful plants and animals. Many useful substances for agriculture, medicine and industry are still waiting to be discovered.

Biological species as elements of biocenoses

The extinction of a species or group of species can lead to far-reaching consequences for the community in which this species lives. Complex food webs are typical of the temperate and tropical zones, but since only a relatively small number of these webs have been sufficiently studied, we cannot predict all the consequences that will occur if any species of animal or plant disappears. Many rare species of insects, snails, birds either feed only on certain types of plants, or use only certain types of them to build their homes. Therefore, the disappearance of this type of plant means, in essence, the death of the animal dependent on it. In another case, a predator may disappear, which normally regulates the number of any pest. Then there will be a sharp explosion in the pest population, as happened, for example, in those areas where DDT was widely used. causing great harm to agriculture.

Human desire to destroy wolves is partly due to the fact that the role of this predator in food webs has not yet been fully elucidated. Wolves destroy other animals, such as deer, on which they feed, killing, as a rule, the weakest sick and old individuals. Thus, they contribute to the improvement of the reindeer herd and maintain its population at a level that corresponds to the available food resources. People, hunting deer, not only reduce the number of animals that the wolf feeds on, but at the same time they always choose the most complete individuals, thereby worsening the quality of the herd.

Concern about the disappearance of plant species has grown much more slowly than about endangered animal species, although both are so closely interconnected that they can only be saved together. Many examples are known when the number of some animals reached a critical level, since the plants that served them as food or shelter practically disappeared. According to Peter Raven of the Missouri Botanical Gardens, for every extinct plant species, there are between 10 and 30 endangered species of insects, higher animals, and other plants. So, the red-headed woodpecker is threatened with extinction due to the fact that it nests on the dried trunks of swamp and Australian pines. However, in many areas there are practically no old trees left, they are being replaced by young seedlings that are grown to produce pulp. The maturation of the swamp pine, in turn, depends on the presence of a grass cover from the triostennitsa Aristida stricta, The sea otter, or sea otter, was almost completely exterminated in the 18th and 19th centuries. because of the valuable fur. At present, partly due to the passage of special laws, such as the law on the protection of marine mammals, the population of sea otters is recovering. And now they are trying to take revenge, if not on humans, then at least on species that are very valuable and useful to us, namely abalone, Pacific lobster and crab. A few individuals discovered near Monterey (California) in 1938 gave rise to a huge herd, now numbering up to 2000 heads. This herd spread 240 km along the coast. Unfortunately, the same stretch of coast was chosen by numerous edible shellfish, such as abalone, which cost $8-$10 a pound on the market. Fishermen supplying these molluscs for sale are demanding a limit on sea otters to prevent further destruction of the lucrative fishing industry. However, ecological studies have shown that kapans are vital members of the coastal community. Feeding on species of marine invertebrates such as sea urchins, kapan protect thickets of seaweed, especially brown ones, from excessive grazing. Brown algae form the basis of food webs that include species such as the harbor seal and bald eagle. (Dr. Daniel Costa, Joseph M. Long Marine Laboratory, University of California, Santa Cruz)

Species value

The need to preserve the entire diversity of species existing on Earth stems not only from practical, but also from general philosophical considerations. Any extinct species we lose irretrievably. Without doing everything in our power to prevent these losses, we make a choice not only for ourselves, but also for our descendants. And this means that future generations of people will not see those animals and plants that we see; the nature surrounding them will not be as rich and varied as that which surrounds us. Meanwhile, this is not just a matter of aesthetic pleasure; It should be borne in mind that human evolution proceeded in conditions of a huge variety of nature surrounding him, and it is possible that this diversity is an indispensable condition for maintaining his mental health.

So far, we have considered species in terms of their usefulness to humans. On this occasion, Henry Beston (1928) wrote: “Being far from primeval nature, living a complex unnatural life, a civilized person sees everything in a distorted light, in a mote he sees a log, and approaches other living beings from the positions of his limited knowledge. We condescendingly look at them, demonstrating our pity for these "underdeveloped" creatures, who are destined to stand far below the level on which man stands. But such an attitude is the fruit of the deepest delusion. Animals should not be approached with human standards. Living in a more ancient and perfect world than ours, these creatures have such developed feelings that we have long lost or have never possessed them, the voices that they hear are inaccessible to our ears. We are not their older brothers, and they are not despicable creatures; it's just a completely different world, the existence of which coincided in time with ours, they are the same prisoners of this beautiful and cruel life.

Endangered species and human health

Once upon a time the idea of ​​using animals in scientific research met with opposition mainly because it was perceived as an example of cruelty to animals that are hurt. Scientists had to work hard "to convince the public that the animals in the experiment never experience pain.

Currently, however, new ethical issues have arisen. One of them is whether the experimental animals are kept in conditions appropriate to their social and behavioral characteristics? For example, animals such as chimpanzees, which live in groups under normal natural conditions, should not be kept in an isolated cage, because this would be a manifestation of cruelty towards the animal.

Further delving into the problem confronts us with another question: is it even legitimate to use animals in experiments, the number of which continues to decrease, even if we assume that humanity will greatly benefit from this. N. Wade (1978) writes in this regard: “... Continued production of a vaccine [for hepatitis] may well lead to a fatal conflict between human interests and the existence of the chimpanzee. Chimpanzees are the only animals in the world, with the exception of humans, on which it is possible to test the effect of the vaccine ... If a ban is imposed on the use - chimpanzees in experiments this species is already classified as endangered - testing the safety of the vaccine and its production will become impossible. Meanwhile, even in developed countries, where cases of hepatitis are relatively rare, people continue to pay a fatal tribute to this disease. In 1976, 15,000 cases of hepatitis were reported in the United States. However, according to the Center for Infectious Disease Control, the actual figure is as high as 150,000, of which 1,500 cases have been fatal... ...Officials are trying to convince everyone that chimpanzee trapping is only humane. “The method of trapping is usually a few people to localize a group of chimpanzees, surround them, and then pursue. Since young individuals usually get tired faster, they are simply taken with their hands. this is the version of chimpanzee trapping presented by a Merck representative to the Federal Wildlife Licensing Authority...”

“...Quite impossible if you don't have a big network,” writes Jane Goodall. only to say that someone really wants to hide what inhumane methods are actually used in catching chimpanzees, and they are like that - first they shoot at the mother. and then they take the baby. This is the standard method used in Africa." . F. Orlans (1978) adds:

“... It is necessary to find a way to resolve this conflict so that it does not turn out to be disastrous for the chimpanzee. In the past, the development of an alternative method of producing a vaccine (particularly for polio) has helped save the lives of many animals. Today, however, the ethical standards that call for a ban on inhumane ways of killing chimpanzees (in Wade's words, "to catch a chimpanzee, first kill the mother") and the preservation of this endangered animal species are ignored.

Do you think that purely human needs should prevail over the need to save endangered animal species? The first thing that immediately comes to mind when talking about factors that threaten the existence of a species is hunting. Indeed, hunting has made its fatal contribution to the extinction of a number of animal species, especially vertebrates. However, some well regulated populations of wild animals are not necessarily harmed by hunting; in fact, it can even be useful, especially in cases where the population size threatens to significantly exceed the optimal level for a given habitat. But uncontrolled hunting still contributes to the extinction of the species. Buffalo hunting in the American prairies brought this species to the beginning of the 19th century. to the brink of extinction. Hunting in this case has become simply a sport; its goal was often reduced to the extraction of a bison's head, which was planted in the hunter's house as a trophy. In Africa, the hunting of many species of large animals is limited or completely prohibited in order to preserve these species not only in zoos, but also in nature.

Habitat destruction

However, hunting is not the main danger that threatens animals. Most species are under threat of loss of natural habitats: the territories in which they live, breed, find food and shelter. With the growth of the population, a person needs more and more housing, roads, shopping centers; therefore, man cuts down forests, drains swamps, estuaries and bays, develops new mineral deposits, bringing barren rocks to the surface of the earth. All this leads to a reduction in land and food resources available to various species of animals and plants. In other words, man expands his habitat at the cost of reducing the habitats of other creatures.

In some cases, the destruction of habitats of wild species occurs as a result of special measures, such as burning or flooding of sites, carried out in order to attract even more animals that are objects of hunting. As a result, the number of animals such as elk, pronghorn antelope, white-tailed and black-tailed deer increases significantly. At the same time, these habitats become unsuitable for many other non-commercial species.

Many endangered plant species are a living link between modernity and those ancient eras when these species flourished on our planet. Now some of them have been preserved in specific niches along the banks of the rivers, in swamps and hollows, as well as in wastelands. Others are on the inaccessible slopes of mountains, in valleys between ridges, or in areas where glaciers never reach. Such plants are very rare, because they are adapted to exist only in the particular environment that they currently occupy. They can survive only if their habitats are protected.

Rainforest death

Virtually all types of habitats are being destroyed, but the problem is most acute in tropical rainforests. Every year there are cut down or otherwise exposed to forests on an area equal to approximately the entire territory of Great Britain. If the current rate of destruction of these forests is maintained, in 20-30 years there will be practically nothing left of them. Meanwhile, according to experts, two thirds of the 5-10 million species of living organisms that inhabit our planet are found in the tropics, especially in tropical forests.

Most often, excessive population growth is cited as the main cause of the death of most of the rainforests. This last circumstance in developing countries leads to an increase in the supply of firewood for heating homes and an expansion of the area for slash-and-burn agriculture practiced by local residents. The essence of this method lies in the fact that the farmer cuts down a piece of forest and grows crops in its place for several years. Then, when the soil is exhausted, the farmer moves to a new place and again cuts down some of the trees. Some experts, however, believe that the accusation is directed to the wrong address, since, in their opinion, the destruction of only 10-20% of forests is associated with slash-and-burn cultivation (Figures 5.6 and 5.7). Much most of tropical forests are being destroyed due to large-scale development of pastoralism and the construction of military roads in Brazil, as well as as a result of an increase in the demand for tropical timber exported from Brazil, Africa and Southeast Asia (see section "Global Perspectives" after this part).

Pesticides and Air Pollution

A large number of habitats, which in many respects have survived undisturbed, have been poisoned by acid rain, pesticides, and airborne pollutants. Pine trees that grow on the slopes of the mountains around Los Angeles suffer from the harmful effects of smog that forms over the city. The widespread use of pesticides in agricultural regions threatens the survival of many species. For example, birds of prey such as falcons and hawks are severely affected by the effects of DDT. About 20-30 years ago, these birds began to lay eggs with very thin shells, so thin that they cracked even before the chicks were supposed to hatch. Scientists suggested that this phenomenon is due to the effect of DDT (Grier, 1982). The use of DDT is currently banned in the US mainly due to its harmful effects on some bird species.

As part of the plague control program in the American West, attempts were made to exterminate coyotes, foxes, and wolves using poisoned bait. However, this has had a detrimental effect on some populations of endangered species, and in particular on the population of the bald eagle, which also was not averse to feasting on the bait.

Collection of rare plants

Some types of plants, namely cacti, orchids and predator plants, are especially popular among collectors; these plants were so intensely collected that they almost disappeared in nature. Traders from Texas and Mexico dig up cacti in great numbers and send them to markets to sell to collectors and residents of the southeastern regions who use these plants for ornamental gardening. Half of the harvested cacti are sent even further, to Europe and the Far East.

Animals and plants must, of course, change as environmental conditions change. Species that fail to adapt to new conditions die out, and new ones take their place. There are no longer dinosaurs and flying reptiles on Earth, but today it is inhabited by such organisms that did not exist in those ancient times. Meanwhile, man is changing everything around him at such lightning speed that animals and plants do not have enough time for evolution, which would allow them to take the place of the lost species. The harsh truth of life is that a good half of all mammals extinct on Earth have been in the last 50 years.

environmental protection

There are many ways to ensure the protection of wildlife resources. One of them is the adoption of laws that ensure the protection of the species as a whole or increase the viability of individual individuals. In the United States, for example, a law on the conservation of endangered species has been passed. Representatives of different species can also be collected in zoos and botanical gardens; seed banks can be established. This allows us to hope that all the variety of living organisms on the planet will be at our disposal. For many species, however, this latter approach may not be practical. The fact is that some species require special conditions or certain population sizes for reproduction, and this is not always feasible in captivity. The third approach is the alienation of individual areas of nature and the creation of reserves on them, which include integral ecosystems. In this case, it is possible to save not only those species that are threatened with apparent extinction, but also all the species associated with them in a complex food web (see Section "Discussion 5.2").

Conservation of rare endangered species

The first among the laws concerning the protection of wildlife were laws on the tax on the possession of fishing and hunting equipment, as well as laws requiring a special permit for hunting and fishing. The proceeds from these taxes were used to purchase land to create reserves for endangered species of animals and plants. Millions of dollars were eventually raised for these purposes (a fact that should be noted by those who oppose hunting). A proposal was put forward to tax gardening implements to create a similar fund for plant protection.

In 1966, the US Congress passed the Endangered Species of Mammals and Birds Act, which aims not only to protect wildlife, but also to outline the scope of the problem of the disappearance of undisturbed nature. The law provided for the compilation of lists of endangered species indicating the number of remaining individuals, as well as their areas of distribution. In 1973, this law was significantly strengthened as a result of a series of amendments to it. The law noted that its effect is limited only to the territory of the United States, so it is unable to protect species that live in other parts of the globe. Another category of species was also singled out: candidate species for registration in the Red Book. These species have not yet disappeared, but the trend towards their extinction has already been outlined. And the sooner this trend is noticed, the more likely they are to be saved. Another important amendment to the law was that a list of endangered plant species was added to the list of endangered animal species. In addition, according to the adopted amendments, the federal authorities were forbidden to implement any projects that pose a threat to the existence of a particular species and its habitat. Despite the fact that this paragraph of the amendment to the law did not cause any special comments, when it was considered in Congress, it was he who became the basis of the conflict that arose during the construction of a dam on the river. Tellico. In the form in which it is written, the law did not allow comparing the benefits from the implementation of projects with the possible consequences of the extinction of species.

Methods for managing wildlife resources

There are a number of special methods for the protection of endangered species, and ways to increase the abundance and diversity of species of particular interest, such as species that are the object of hunting. In some cases, animals are simply moved from their natural habitats to regions with similar natural conditions where they have not been encountered before. So, they mainly do it with common hunting species, for example, Canada goose. Introduced to many regions of the country, the wild turkey now occupies a territory that is much larger than that which it occupied in colonial times.

If the analysis of the situation shows that this species cannot survive without outside help even under favorable conditions, then the eggs of animals are collected and hatched in incubators; sometimes breeding programs are carried out in zoos. Animals bred in this way can be successfully returned to the wild in their natural habitat, although this is not possible in all cases. Sea turtles, which, following their instinct, after hatching from an egg, immediately run to the water, and later return to their place of birth to lay their eggs, apparently cannot develop the ability to correctly determine the direction to where they should lay eggs when they are born in captivity. They swim to a dangerous depth, after which they cannot return to a beach area convenient for laying eggs. But at the same time, today about half of all American cranes that exist in nature have been bred and raised in captivity.

In a number of cases, efforts to conserve and breed rare animals are so successful that it becomes possible to allow limited hunting for them. A hundred years ago, American bison herds were so huge that you could spend hours watching just one herd go by. Fifty years ago there were only a few hundred left. However, in recent years, the number of bison has increased so much that it has become possible to allow limited hunting for them again.

Reserves and reserves

system of reserves in the usa. At the beginning of the XX century. in the United States, by decision of Congress, they began to alienate areas of undisturbed nature, or zakazniks, in order to contribute to the conservation of rare species. Plants are especially well preserved in nature reserves, which are created in places where protected species grow. Several specimens of plants in the botanical garden are not at all enough to ensure the safety and reproduction of the species. The first piece of land to be used as a sanctuary for rare and endangered plant species was purchased in 1980. It was the Anti-Ohia Dunes in California, the original habitat of the now rare wallflowers and evening primrose, or primrose. Many species of animals also find refuge in the reserves. For example, in the Red Rocks Lake Wildlife Refuge (Montana), the trumpeter swan is found in abundance. WHAT SIZES SHOULD RESERVES BE. According to MANY conservationists, reserves should be vast in area and measured in thousands of square kilometers. Smaller reserves may be insufficient for the survival of some species, and often those whose numbers have reached the most critical level. For example, large carnivores such as wolves or big cats require vast spaces to feed themselves and their offspring. In addition, large areas of reserves better protect protected species of animals and plants from the adverse effects of boundary factors, such as humans, and polluting environmental factors.

Special studies carried out on the islands make it possible to judge what size parks and reserves should be. It would seem that the number of various species of animals and plants found on it depends on the size of the island. However, the results of wildlife studies on the Pacific islands by environmentalists Wilson (Wilson, 1984) and MacArthur showed that doubling the area of ​​the island is not accompanied by the expected doubling of the number of species living on it. In order for the number of different species to double, an area ten times larger than the given one is required. We mention this work because parks and reserves increasingly appear to us as true islands of wilderness in the midst of a sea of ​​human-disturbed environment.

According to the law of island biogeography, if 90% of natural habitats are disturbed, and only 10% of the entire territory is allocated for parks and reserves, then we will be able to save no more than half of the original number of species living here. It follows that if we save only that part of the Amazon rainforest that is currently occupied by parks and reserves, then two-thirds of the half a million species of animals and plants that are in these forests will forever disappear from the face of the Earth.

It should be noted, however, that it is still not completely clear whether the island theory is fully applicable to parks. Although research currently being done in the rainforest by ecologists such as Thomas Lovejoy of the International Wildlife Fund suggests that such a comparison is legitimate. Lovejoy cites the example of a 10-hectare reserve where all peccaries, a widespread, pig-like animal, became extinct. As a result of an unexpected chain reaction after the bakers, ten species of frogs also disappeared, needing the wet recesses in the ground that the bakers made.

Another issue that conservationists need to address is the question of how large reserves should be in order to conserve and maintain genetic diversity within specific species. The fact is that as the number of populations of each species decreases, the circle of marriage partners is steadily narrowing. And as a result, the genetic similarity between the descendants grows, i.e. the degree of inbreeding increases. This process is unfavorable from the point of view of evolution. A population consisting of closely related individuals containing similar sets of genes is more vulnerable to the effects of a changed environment. Since the spread, or limits of variability, of traits within such a population is greatly narrowed, the likelihood that individual individuals will be able to show greater resistance to adverse effects or diseases compared to the bulk of organisms is practically reduced to zero. In addition, there is a very high probability that climate change, outbreaks of infections or competition from a new species can lead to the death of the entire population.

And yet, studies conducted as part of the wildlife breeding program have shown that the mortality of rare species, such as cheetahs, which are characterized by little genetic variability, is always higher both in natural conditions and in zoos. This is obviously due to the large number of birth defects caused by inbreeding (mating of closely related individuals). The limited size of the reserve, within which only small populations of species (especially large mammals) can live, inevitably leads to such genetic homogeneity of populations.

With all these factors in mind, the United Nations Educational, Cultural and Scientific Organization (UNESCO) began to develop a program to create "biospheric" or "ecological" reserves, which would be a network of protected reference sites of the main ecosystems of the globe. Each reserve should be large enough in area to ensure the existence of all types of living organisms living within its limits, protect them from the adverse effects of external factors, and maintain the required level of genetic diversity. Only in this case, the conditions of existence in the reserves will allow animals not only to successfully grow and multiply, but also to evolve; in addition, the reserves will serve as a kind of standard of nature, in comparison with which it is possible to determine the degree of human impact on the environment.

In addition to laws requiring the creation of nature reserves, more stringent laws are needed to limit the use of pesticides near protected areas where game animals or rare species of animals and plants live and breed.

Global economic aspects of the conservation of endangered species of animals and plants

It should be noted that the decisions (which are usually qualified as resolutions) of international organizations do not have legislative significance, although they influence the creation of international law norms. Consequently, the influence on their parties is not directive, but advisory in nature, is realized only after the adoption of one or another recommendation of an international organization by a certain state. This is one of the specific reasons for the herd management of international cooperation.

time it is clear that the solution of all environmental problems within one country only by national efforts is no longer possible. Similar measures should be taken by other countries as well. It should also be controlled environmental impact each of the countries far beyond its borders. We are talking about the cross-border passage of polluted water and air, the import of goods containing hazardous toxic components and and іn.

Independent solution of environmental problems by individual countries also becomes impossible because of the need to attract large material, scientific, intellectual and other resources. And it's not always a pleasure to do one country. For example, about 60,000 chemicals are now widely used in the world, and several hundred of them turned out to be dangerous (toxic, flammable, explosive, etc.). These substances enter the environment, pollute it and often adversely affect human health (for example, poisoning with substances buried in the "Love Canal" at the Niagara Falls in the USA, the elimination of the consequences of which cost $ 30 million). Almost 1,000 new chemicals appear on the world market every year, each with a sales volume of at least 1 ton. This encourages the adoption of all-regional and global decisions of the highest political level. It's time to say a weighty word and the so-called environmental diplomacy. It is it that is called upon to ensure the proper conditions for the progressive and unhindered development of international environmental cooperation to unite the efforts of countries and peoples in the interests of preserving the environment, which implies the adoption of specific measures to correct the unfavorable environmental situation on the planet, in selected countries, in one region or another. From declarations to practical actions at the global, regional and national levels of environmental work - this is how one can formulate the credo of environmental diplomacy today.

It is noteworthy that environmental issues at the global level began to be considered in. The UN almost since its founding in 1962. General. Assembly. The UN adopted a resolution "economic development and environmental protection", in 1971 - the program "Man and the Biosphere", in which Ukraine is also involved. The program provides for an appropriate set of environmental studies and activities -. VVI is used, in particular, to protect the waters of the basin from pollution. Dnieper, protection from pollution. Donetsk region; rational use, restoration and strengthening of the protective functions of ecosystems. Carpathians; rational use and protection of natural resources. Polissya (in connection with the implementation of large-scale drainage reclamation), development and improvement of technological processes with a reduced amount gas emissions in atmospheres wikidivs to the atmosphere.

The central link and coordinator of international environmental cooperation is. UNEP. Program. United Nations Environment (UNEP) founded by the 27th session. General. Assembly in 1972 on the basis of the recommendations of Nations. Conferences. United Nations on the Environment (Stockholm, June 5-16, 1972) to ensure the speedy and effective implementation by governments and international communities of measures aimed at protecting and improving the environment. This organization is headquartered in Nairobi (Kenya) today has branches in all parts of the world.

The Stockholm Conference identified three main functional tasks of international environmental cooperation under the auspices. UNEP: environmental assessment (monitoring, information exchange) environmental management (targeting and planning, international consultations and agreements). Other activities (education, public information, technical cooperation.

It must be admitted that before practical international cooperation in the environmental sphere, a significant part of the countries joined with a noticeable delay. Declaring in words the commitment to the protection of the environment, they often remained outside the most important international events in the environmental sphere, in fact, they ignored the experience gained multilateral diplomacy in this domain. Yes, Soviet and. The Union, for purely political reasons, did not participate in the work. Stockholm conference. UN Environment. Because of this, there were financial difficulties, departmental problems, and most importantly, probably, the fear of revealing "secret" information about oneself and unjustified relying only on one's own strength. It was at the mentioned forum that the declaration was born, which laid the ideological foundations for international activities for environmental protection.

Now. UNEP carries out about a thousand projects and programs relating to all corners of the planet. The following environmental programs operate within its framework, such as: Global Environmental Monitoring System,. Global database of natural resources. International Register of Potential Toxic Substances. Action plan. United Nations to Combat Desertification. Global Plan of Action for the Conservation of Marine Mammals. Tropic forest action plan. Sustainability Program inland waters,. World Soil Policy. Together with other organizations. UN. UNEP is involved in implementation. World Climate Program. International Geospheric-Biospheric Program "Global Changes". International Environmental Education Program,. Assistance programs developing countries, in solving problems in delivering the environment of the environment.

last years. UNEP initiated the adoption of such important environmental documents as. Vienna Convention for the Protection of the Ozone Layer, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Destruction. Under the auspices of this organization, a global convention on the conservation of the biological diversity of the planet is being developed. Such a wide range of possibilities. UNEP and its valuable scientific and practical experience in environmental work deserve close attention to Ukraine to solve its own urgent environmental problems.

In such an authoritative document as the "Final Act" of the Conference on Security and Cooperation c. Europe (1975), it was noted that the protection and improvement of the environment, the protection of nature and the rational use of its resources for the benefit of present and future generations, is one of the tasks that are of the greatest importance for the well-being of peoples and the economic development of all countries. Many problems on the environment, in particular in. Europe, can only be effectively addressed through close international cooperation.

In 1982 session. The UN adopted a document of historical importance - "World Charter for Nature" under the auspices. The UN was founded in 1983. The International Commission on Environment and Development, which produced an important report "Our common future for the future."

The problems of ecology on the scale of our planet were also considered on. International forum "For a nuclear-free world, for the survival of mankind", which took place in. Moscow in February 1987. Unfortunately, then in The USSR until its collapse was not a single state program environmental protection and rational use of natural resources. And life has shown that without a strong internal environmental policy, external environmental policy is unthinkable, and reliable international environmental safety is impossible.

The lack of significant achievements in environmental protection in most countries had a negative impact on the consideration of the environmental factor in foreign policy. Decisions and resolutions in the sphere of the environment, adopted at the international level, had little effect on the improvement of the ecological state. For example, the resolution of the 35th session. General. Assembly. The UN "On the historical responsibility of the Russian Academy of Medical Sciences for the conservation of nature. Earth for present and future generations" (1981) for many countries has remained only a good call to action. Certainly, even now different countries have unequal financial possibilities for the implementation of international agreements, in particular, if the intellectual potential of Ukraine seems sufficient for this, then the material possibilities are rather limited. And it is impossible not to take into account the plan of comfort and implementation of eco-political Western political approaches.

As already noted, the organization of international environmental cooperation at the regional and interregional levels could set an example. Europe. It is to her that the proposal is addressed to form a system of environmental safety and implement a long-term continental environmental program. For this there is a robust organizational structure. European Economic Commission. The United Nations with its rich experience in the field of finance and environmental projects. It is positively perceived by the public and readiness for constructive continental cooperation on environmental issues is declared. European. Community and. Council. Europeanop.