international workshop on the international environmental law : peace palace, international court of...

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ences in water resources management from other parts of the world. Three keynote lectures were deli- vered during the Congress. These were on ‘Water: key to the develop- ment in the Third World’ by Professor Anat Arbhabhirama of the Asian In- stitute of Technology; ‘Three- dimensional structure of open channel flow’ by Professor Nobuyaki Tamai of the University of Tokyo, Japan; and ‘Environmental consequences of wa- ter resources development’ by Dr Asit K. Biswas, President of the Interna- tional Society for Ecological Modell- ing, Oxford, England. In addition to the three keynote lectures, 91 technical papers were discussed in 16 technical sessions on 12 topics: open channel flow, water re- source systems analysis, erosion and sedimentation, surface and watershed hydrology, coastal hydraulics, water resources planning and management, hydraulic structures, reservoir opera- tion, hydraulic structures and hyd- raulic design, groundwater hydrology, water quality, numerical hydraulics and irrigation. There was a lively discussion after each paper, and to a great extent this was possible because the papers were published in two substantial volumes, covering some 1900 pages, prior to the Congress. In fact the proceedings contained 124 papers, some of which could not be presented due to the absence of the speakers. Volume I of the Proceedings covered Fluvial and Coastal Hyd- raulics and Volume II was on Water Resources Development and Manage- ment. Volume III will be published shortly and will contain the three keynote lectures. State of the art During the discussions it was clear that the state of the art of systems analysis and sophistication of mathematical models in the area of water resources planning and management is impro- ving rapidly. While in general the participants welcomed this trend, there was a genuine concern on the status of application of these develop- Conference reports ments and models to solve real world problems. Many expressed the hope that there would be a parallel trend of better and closer collaboration be- tween academics and researchers on the one hand and field practitioners on the other. Without such collaboration, it was felt that the applications gap could not be breached. The Congress was preceded by a one-day short course on the ‘Hyd- raulics of Unsteady Flow’. Nearly 200 participants from 20 countries partici- pated in this outstandingly well- organized and productive Congress. The Proceedings of the Congress can be obtained from Dr Ashim Das Gupta, Secretary, APD-IAHR, Asian Institute of Technology, GPO Box 2754, Bangkok 10501, Thailand. Asit K. Biswas President, International Society for Ecological Modelling 76 Woodstock Close Oxford, UK Future of international environmental law ‘International W orkshop on the Future of International Environmental Law’; Peace Palace, International Court of Justice, The Hague, The Netherlands, 12-14 November 1984 Jointly sponsored by the Hague Academy of Interntional Law and the United Nations University, a group of distinguished lawyers and well known scientists from all over the world were specially invited to discuss the future of international environmental law in the historic Bol Room of the Peace Palace. Judge Manfred Laths, former Presi- dent of the International Court of Justice who has been recently elected to an unprecedented third term of the Court, in his introductory statement pointed out that the basic issue is man’s relation to nature and the en- vironment. Nature has often been used and abused, and now nature is hitting back. In a certain sense, en- vironmental degradation is the RESOURCES POLICY March 1985 boomerang of nature to man. En- vironmental crisis exists today because of too many demands on nature in terms of the over-exploitation and exhaustion of resources and the re- lease of numerous by-products of the industrial development. However, it should be noted that under- development in developing countries is also affecting the harmonious rela- tionship between man and nature. Judge Laths pointed out the need for reflection by men of action and men of power to protect and manage the environment properly. Equally, it is essential for men of science and men of law to reflect as to how best to achieve rational environmental man- agement. Often we seem to be taking appropriate actions only after delete- rious effects have taken place. Late though such actions may be, we must take them before it is too late. Dr Kinhide Mushakoji, Vice Rec- tor, Regional and Global Studies Divi- sion of the United Nations University, set the scene for the workshop, whose main focus was to discuss the future of the international law in terms of the environment. Currently, on a global basis, a diverse set of legal models, concepts and regimes exist to solve the environmental problems which cannot be separated from the development issues. Proper cohabitation of man and other species is essential. This type of interdisciplinary workshop can provide a good perspective on the complex nature and issues of interna- tional environmental law. Essential interactions Edward W. Ploman, Vice Rector, Global Learning Division of the Un- ited Nations University, said that it is not possible to be concerned with global issues without being concerned with environmental laws. Thus, in- teractions between policy makers, sci- entists and lawyers are essential. Two 69

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Page 1: International workshop on the international environmental law : Peace Palace, International Court of Justice, The Hague, The Netherlands, 12–14 November 1984

ences in water resources management from other parts of the world.

Three keynote lectures were deli- vered during the Congress. These were on ‘Water: key to the develop- ment in the Third World’ by Professor Anat Arbhabhirama of the Asian In- stitute of Technology; ‘Three- dimensional structure of open channel flow’ by Professor Nobuyaki Tamai of the University of Tokyo, Japan; and ‘Environmental consequences of wa- ter resources development’ by Dr Asit K. Biswas, President of the Interna- tional Society for Ecological Modell- ing, Oxford, England.

In addition to the three keynote lectures, 91 technical papers were discussed in 16 technical sessions on 12 topics: open channel flow, water re- source systems analysis, erosion and sedimentation, surface and watershed hydrology, coastal hydraulics, water resources planning and management, hydraulic structures, reservoir opera- tion, hydraulic structures and hyd- raulic design, groundwater hydrology, water quality, numerical hydraulics

and irrigation. There was a lively discussion after each paper, and to a great extent this was possible because the papers were published in two substantial volumes, covering some 1900 pages, prior to the Congress. In fact the proceedings contained 124 papers, some of which could not be presented due to the absence of the speakers. Volume I of the Proceedings covered Fluvial and Coastal Hyd- raulics and Volume II was on Water Resources Development and Manage- ment. Volume III will be published shortly and will contain the three keynote lectures.

State of the art

During the discussions it was clear that the state of the art of systems analysis and sophistication of mathematical models in the area of water resources planning and management is impro- ving rapidly. While in general the participants welcomed this trend, there was a genuine concern on the status of application of these develop-

Conference reports

ments and models to solve real world problems. Many expressed the hope that there would be a parallel trend of better and closer collaboration be- tween academics and researchers on the one hand and field practitioners on the other. Without such collaboration, it was felt that the applications gap could not be breached.

The Congress was preceded by a one-day short course on the ‘Hyd- raulics of Unsteady Flow’. Nearly 200 participants from 20 countries partici- pated in this outstandingly well- organized and productive Congress. The Proceedings of the Congress can be obtained from Dr Ashim Das Gupta, Secretary, APD-IAHR, Asian Institute of Technology, GPO Box 2754, Bangkok 10501, Thailand.

Asit K. Biswas President, International Society

for Ecological Modelling 76 Woodstock Close

Oxford, UK

Future of international environmental law

‘International Workshop on the Future of International Environmental Law’; Peace Palace, International Court of Justice, The Hague, The Netherlands, 12-14 November 1984

Jointly sponsored by the Hague Academy of Interntional Law and the United Nations University, a group of distinguished lawyers and well known scientists from all over the world were specially invited to discuss the future of international environmental law in the historic Bol Room of the Peace Palace.

Judge Manfred Laths, former Presi- dent of the International Court of Justice who has been recently elected to an unprecedented third term of the Court, in his introductory statement pointed out that the basic issue is man’s relation to nature and the en- vironment. Nature has often been used and abused, and now nature is hitting back. In a certain sense, en- vironmental degradation is the

RESOURCES POLICY March 1985

boomerang of nature to man. En- vironmental crisis exists today because of too many demands on nature in terms of the over-exploitation and exhaustion of resources and the re- lease of numerous by-products of the industrial development. However, it should be noted that under- development in developing countries is also affecting the harmonious rela- tionship between man and nature.

Judge Laths pointed out the need for reflection by men of action and men of power to protect and manage the environment properly. Equally, it is essential for men of science and men of law to reflect as to how best to achieve rational environmental man- agement. Often we seem to be taking appropriate actions only after delete-

rious effects have taken place. Late though such actions may be, we must take them before it is too late.

Dr Kinhide Mushakoji, Vice Rec- tor, Regional and Global Studies Divi- sion of the United Nations University, set the scene for the workshop, whose main focus was to discuss the future of the international law in terms of the environment. Currently, on a global basis, a diverse set of legal models, concepts and regimes exist to solve the environmental problems which cannot be separated from the development issues. Proper cohabitation of man and other species is essential. This type of interdisciplinary workshop can provide a good perspective on the complex nature and issues of interna- tional environmental law.

Essential interactions

Edward W. Ploman, Vice Rector, Global Learning Division of the Un- ited Nations University, said that it is not possible to be concerned with global issues without being concerned with environmental laws. Thus, in- teractions between policy makers, sci- entists and lawyers are essential. Two

69

Page 2: International workshop on the international environmental law : Peace Palace, International Court of Justice, The Hague, The Netherlands, 12–14 November 1984

Conference reports/Conferences

aspects are crucial to this context. First is the response of international law to advances in science and tech- nology. These create new opportuni- ties but also contribute to new uncer- tainties. They raise new questions in terms of management and require a new kind of cooperation between countries and various disciplines. The second aspect pertains to the kind of problems faced by humanity. We need to use all our knowledge to solve the problems faced, but simultaneously to safeguard cultural diversity for current and future needs. Accordingly it is necessary to provide a broader basis for international environmental law than has usually been the case.

Professor R.J. Dupuy, Secretary General of the Hague Academy of International Law, argued that civi- lization is mortal. One civilization survives another because mankind survives. Thus forward thinking is essential, not just as an intellectual curiosity but for pragmatic reasons. If little green men invaded the earth from another galaxy, mankind will perceive this as a common danger. But man is man’s worst enemy. The fifth column is already here is terms of environmental pollution, armaments, etc.

He pointed out the difficulties of managing the international environ- ment by national jurisdictions. Rapid scientific and technological progress has environmental as well as legal implications. It is necessary to review

the role of international organizations which have multiplied initiatives. Are those that exist sufficient to cope with all events, including unexpected ones? Can they cope with the law? Are soft laws effective? Mankind’s right to survival has not been laid down. We are not talking of individual rights or human rights but mankind’s rights.

Dr Biswas reviewed the status of national and international environ- mental laws from the perspective of developing countries. A review of environmental legislations in develop- ing countries presents a very diverse picture. Countries of the Asian and Pacific Region have, for the most part, well established and highly developed legal systems which can if required, assimilate new legal mechanisms and legislations for environmental man- agement without undue turbulence. Environment is specifically referred to in the constitutions of some countries like India and China. As a general rule, legislation is not the critical factor for environmental management in developing countries, as it is often made out to be, but rather the inade- quacy of implementation and enforce- ment of legal measures already avail- able, and lack of standards and con- trols for maintaining and/or enhancing environmental quality.

Many other aspects of international environmental laws were discussed in the workshop, among which were environmental law and state sovereignty, the future of endangered

species, balancing the equities in inter- national environmental law, pending problems of international law of the environment, environmental protec- tion and the law of international trade, environmental law of war and the future of mankind, and international laws: common patrimony and in- tergenerational equity.

In a world where the subjects of specialization are becoming smaller and smaller with time it is essential to take a broader view of problems in order to ensure the long-term sus- tainability of the development pro- cess. One way by which specialists can obtain a broader perspective is by interactions with specialists from other disciplines and fields. This well orga- nized workshop provided an ideal opportunity for international experts from different backgrounds to discuss various issues having a common focus-international environmental law. The resulting discussions were authoritative, comprehensive and sti- mulating. It is a great pity that these types of high-level interdisciplinary meetings are so few and far between. The papers discussed during this workshop are being published, and the book is bound to be welcomed by every person interested in internation- al environmental law.

Asit K. Biswas President, International Society

for Ecological Modelling 76 Woodstock Close

Oxford, UK

Wav No 1, PO Box 1607, Lafayette, CA 945;19, USA, telex: 467056. Conferences

This calendar of events is compiled from information provided by the respective organizers and from secondary sources. RESOURCES POLICY welcomes information on all conferences relevant to resources issues for listing in this section. The copy deadline is three months before publication.

*25-28 March 1985, St Andrews, Scotland, UK ANNUAL CHEMICAL CONGRESS of The Royal Society of Chemistry. Details from Moira P. Donnelly, Press and Public- ity Officer, Royal Society of Chemistry, 30 Russell Square, London WClB 5DT, UK, tel: 01-631 1355, ext 209.

*denotes new entry

April 1985, Denver, CO, USA ISA MINING AND METALLURGY IN- DUSTRIES SYMPOSIUM. Details from Instrument Society of America, 67 Alexan- der Drive, PO Box 12277, Research Triangle Park, NC 27709, USA.

l-10 April 1985, Nanjing, China MINECOM ‘85, Computer Applications in Mining, symposium and exhibition. Details from Roman Associates, 3572 Terrace

15-19 April 1985, Belgrade, Yugoslavia WORLD CONGRESS ON NON- METALLIC MINERALS. Details from Sava Centar, World Congress on Non- metallic Minerals, 11070 Beograd, Yugos- lavia.

22-26 April 1985, Pretoria, South Africa Forest Products Research International Symposium on ACHIEVEMENTS AND THE FUTURE. Details from Symposium Secretariat S315 CSIR, PO Box 395, Pre- toria, 0001 South Africa.

22-28 April 1985, Berlin, FR Germany WASSER BERLIN ‘85. Further details from AMK Berlin, Postfach 19 17 40, Messedamm 22, D-1000 Berlin 19.

*2>26 April 1985, Katowice, Poland KATOWICE ‘85. International seminar

70 RESOURCES POLICY March 1985