HL.a Environmental lawIB Environmental Systems and Societies HL: Subtopic test

1. 1
   The Vienna Convention for the Protection of the Ozone Layer was agreed in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. Under the Protocol, countries agreed to phase out chlorofluorocarbons (CFCs) and other ozone-depleting substances. The Protocol set up a Multilateral Fund to help developing countries meet their obligations. Every UN member state has now ratified it, and the ozone layer is slowly recovering.

   (a)

   Why is international law essential for dealing with ozone depletion?

   [1 mark]

   • AOzone depletion affects only the country that releases the gases
   • BCFCs released in any country spread through the atmosphere, so the problem crosses national borders
   • CNational laws cannot ban chemicals
   • DOnly international courts can punish polluters

   (b)

   The Multilateral Fund of the Montreal Protocol is an example of:

   [1 mark]

   • AEnvironmental constitutionalism
   • BGranting legal personhood to the atmosphere
   • CAn institution generated by an international agreement to help implement it
   • DA local environmental law

   (c)

   Outline two features of the Montreal Protocol that help to explain why it has been effective.

   [2 marks]

   Total for question 1: 4 marks

2. 2
   In 2008 Ecuador became the first country to recognise the rights of nature in its constitution. In 2017 the New Zealand parliament passed the Te Awa Tupua Act, which gave the Whanganui River the status of a legal person. Two guardians, one appointed by the Māori people of the river and one by the Crown, act on the river's behalf.

   (a)

   Writing environmental rights and obligations into a national constitution is called:

   [1 mark]

   • AEnvironmental accounting
   • BLegal personhood
   • CTransboundary law
   • DEnvironmental constitutionalism

   (b)

   What does granting the Whanganui River legal personhood mean in practice?

   [1 mark]

   • AThe river can have its interests defended in law, through guardians who act on its behalf
   • BThe river must pay for any damage it causes
   • CAll uses of the river are banned
   • DThe river becomes private property of the Crown

   (c)

   Outline how granting legal personhood to a natural entity can strengthen environmental protection.

   [2 marks]

   Total for question 2: 4 marks

3. 3
   Two countries wanted to cut the use of single-use plastic bags. Country A passed a law banning free bags in shops. Its average use fell from 200 bags per person per year to 20 over three years. Country B introduced voluntary guidelines, and its use fell from 190 to 150 bags per person per year over the same time. In Country A, plastic manufacturers lobbied against the law for several years before it passed. The law was supported by a small charge on any bag that was sold.

   (a)

   Calculate the percentage reduction in bag use in each country, and state which approach was more effective.

   [3 marks]

   (b)

   Explain why environmental laws can be difficult to approve, and how legal and economic strategies together can support sustainable use of the environment.

   [4 marks]

   Total for question 3: 7 marks

4. 4
   Smoke haze from forest and peatland fires in Indonesia regularly drifts across Singapore, Malaysia and other neighbouring countries, causing health problems and school closures. In 2002 members of ASEAN signed the Agreement on Transboundary Haze Pollution, which came into force in 2003 and set up a coordinating centre for haze monitoring and response. Indonesia, where most of the fires start, was the last member state to ratify the agreement, in the mid-2010s.

   (a)

   Explain how international environmental law provides a framework for addressing transboundary pollution, using the haze agreement and one other example.

   [6 marks]

   (b)

   Evaluate the effectiveness of international environmental law, using examples.

   [6 marks]

   Total for question 4: 12 marks

End of questions