Addressing Environmental Disasters
Year 10 Geography students recently received a fascinating lecture from Professor of International Law from the University of Sydney, Tim Stephens, on how to grapple with the increasing complexity of international environmental disasters.
Professor Stephens was recently appointed to the List of Arbitrators under the Protocol on Environmental Protection to the Antarctic Treaty by the Attorney General.
His talk to Year 10, via Zoom, covered a broad spectrum of issues, from what are known as sudden onset disasters to the long-term challenges of climate change and biodiversity loss.
"Sudden onset disasters are events like oil spills, or pollution incidents that cross borders,” Professor Stephens said. He cited the persistent forest fires in Indonesia as an example. While they have not directly affected Australia, they generate significant smoke that impacts air quality in Malaysia, Singapore, and other Southeast Asian countries, creating a regional problem.
The other category of disaster involves long-term challenges like climate change, which unfold over a more extended period. "Unfortunately, the timeline is becoming more and more compressed, so we are already starting to feel some of the big impacts of that now," Professor Stephens said. Regarding biodiversity loss, he said: "We are living through what some scientists call the sixth extinction, a mass extinction event, because we're driving so many species to extinction relatively rapidly.” This is not just about losing “nice, cute, and cuddly creatures,” he claimed but also about human survival, as we depend on a vibrant ecosystem for our existence.
Professor Stephens pointed out that the law generally handles sudden impact environmental harms quite effectively. He cited the 1938 case of a large metal smelter in British Columbia, Canada, which was generating pollution that drifted south into the United States, damaging crops and trees and setting a crucial precedent: "One state may not allow activities within its jurisdiction to cause damage to the territory or environment of another country," Professor Stephens said. Another successful example of a legal response to an environmental disaster is oil pollution. Professor Stephens referenced the aftermath of the Exxon Valdez oil spill in Alaska in the 1980s. "After that incident, there were major reforms within the International Maritime Organisation (IMO), which is based in London. The IMO agreed on new rules under a marine pollution convention to impose incredibly strict restrictions on how to carry oil in a ship," he said. As a result, pollution by oil from ships has been virtually eliminated.
However, Professor Stephens acknowledged that there are still significant limitations when it comes to addressing more global, systemic, ongoing problems that require extensive cooperation between governments. "Whether that's climate change or plastic pollution, it’s a big, big challenge," he said.
The students raised questions about the Fukushima nuclear waste being released into the Sea of Japan. In response, Professor Stephens expressed his view that it's unlikely to be a breach of international law given the relatively small level of radioactivity discharged into the water. However, he noted that if any harm is identified, the Japanese government could be held responsible and potentially sued, not just by governments, but by individuals as well.
Another question from the class revolved around the Bhopal chemical spill in India in the 1980s, where the community did not receive adequate compensation. Professor Stephens agreed that injustices such as this often follow an environmental disaster.
He emphasised that international law mandates the peaceful resolution of disputes but while mechanisms for suing countries for environmental harm, such as under the Law of the Sea Convention exist, they are based on state consent. Countries cannot be forced to go before an international court, they must agree to go there.
Amidst escalating global environmental challenges, Professor Stephens' lecture provided insightful details about the role of law and sparked inspiration among the students for potential future projects and career opportunities.