The Environment and International Law : Rethinking the Traditional Approach

A cursory examination of the legal environmental systems of some developing countries lends credibility to the argument that nation states, particularly those of the developing world, cannot be relied upon to pursue environmental objectives beneficial to the global commons. The results of some country studies, for example, Mexico, Chile, and Brazil take this position. R. Findley, in his study of Brazil, noted that the enforcement of environmental standards tended to be lax. He acknowledged that there were gaps and uncertainties in the law, as well as shortages of enforcement personnel and resources, but felt that the problem was primarily due to the lack of political will to deal with the various environmental crises.[1] Findley went on to point out that since 1973, Brazil has developed a substantial body of pollution control laws and regulations, similar in many respects to those of the United States.[2] Edesio Fernandes, in a more recent study, endorses Findley's view of Brazil. Fernandes insists that environmental legislation in Brazil could be considered sufficient to give judicial support to public policies and private actions in the field of environmental protection.[3] In essence, the problem is political rather than legal, raising questions as to the role of the economic interests of Brazil's elite, and casting doubt on the merits of passing new laws without a change in attitude.[4]