Oldal 35 [35]
OCR
Chapter 2. Complexity and interrelatedness in environmental law also established a selective mechanism for the protection of useful, endangered or rare species and encouraged the State Parties to establish "reserves"? After the failure of the first attempt to accept norms concerning wildlife protection in Africa, negotiation was started, and following the Paris Conference of 1931, the older instrument was replaced in 1933 by the Convention Relative to the Preservation of Fauna and Flora in their Natural State. The new London Convention entered into force in 1936. The scope of the London Convention now included plant species as well, not just animals. However, it is important to note that the main aim of the instrument was to preserve economically valuable species, including those popular with “trophy hunters’.° As can clearly be seen from this, the early instruments of environmental protection were strictly anthropocentric, centralising the ‘needs and aspirations’ of humanity. One of the most significant environmental cases of this period, the Trail Smelter case, was decided by arbitration on 11 March 1941.°° The Trail Smelter, located in British Columbia, has been operated by a Canadian company since 1906. The sulphur dioxide produced by the Trail Smelter’s operations polluted Washington State, highlighting that pollution does not stay within the immediate sphere of operation. The pollution became particularly significant after 1906. It was mainly US farmers who suffered from adverse consequences of this industrial activity. The 1941 arbitration award had already been preceded by a joint commission, which awarded damages and made recommendations to reduce pollution. The Trail Smelter case is significant not only because it was the first substantial example in a series of international environmental court cases but also because it reinforced the principle of “sic utere tuo”. The principle of “sic utere tuo ut alienum non-laedas: use your own without harming others” means that states cannot cause trans-boundary environmental damage. Based on this principle, States must apply a method for the exploitation and use of natural resources on their territory in a way that does not cause environmental damage to neighbouring or other states. 54 Article II. (5). 5 On the protection of African wildlife, see the following publication. IUCN Environmental Law Programme: An Introduction to the African Convention on the Conservation of Nature and Natural Resources. IUCN Environmental Policy and Law Paper No. 56. 2004. p. 73. Available at: https://portals.iucn.org/library/sites/library/files/documents/ EPLP-056.pdf. 56 Trail Smelter Case (United States v Canada) Report of International Arbitral Awards, 1938-1941, vol. II. 1905-1982. 33
