IB ESS HL Topic 9 — Environmental Law Paper 2 HL HL only ~13 min read

International Law and Cooperation

This is the section with the most names to learn, so treat it as a filing system rather than a list. Get clear on what a convention is, what a protocol is, why they take decades to agree, and which ones actually worked — and the twenty organisations stop feeling like twenty separate facts.

📘 What you need to know

What international law does

International law refers to the rules and principles governing relations between nation states and other international entities — intergovernmental organisations (IGOs), non-governmental organisations (NGOs) and multinational corporations (MNCs). It provides a framework for cooperation, negotiation and the resolution of disputes globally.

For the environment, its key job is transboundary issues: pollution and resource management that extend beyond national borders. It gives countries mechanisms to work together on shared challenges rather than each acting alone and hoping.

Transboundary pollution: the ASEAN Haze Agreement

The ASEAN Agreement on Transboundary Haze Pollution tackles haze caused by land and forest fires. When fires burn in one country, such as Indonesia, neighbours including Singapore, Malaysia and Thailand can be badly affected by the resulting air pollution.

Participating countries commit to preventing and reducing haze through cooperation, information sharing and coordinated response. In practice that means:

Transboundary resources: the FAO plan on IUU fishing

The Food and Agriculture Organisation’s International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing targets IUU fishing, which threatens marine ecosystems and sustainable fisheries.

Countries collaborate to strengthen monitoring, control and surveillance of fishing activity and to promote responsible practices. That includes sharing intelligence on suspicious activity, keeping IUU-caught fish out of global markets, running joint patrols in high-risk areas, monitoring vessels in shared waters, and enforcing fishing quotas and gear restrictions such as minimum net hole size.

Notice how similar these two look. Both work by information sharing, coordinated enforcement and agreed standards — not by a global police force. That is what international environmental cooperation actually consists of, and saying so shows real understanding.

The UN, conventions and protocols

The United Nations was founded in 1945, after the Second World War, to promote peace, security, cooperation and development among nations. It is a forum where member states discuss global issues including environmental protection. UN conferences bring representatives together to create international conventions and protocols.

CONVENTIONS (AGREEMENTS)

  • Legally binding treaties agreed at UN conferences
  • All signatory countries must follow the rules and obligations they set out
  • Example: the United Nations Framework Convention on Climate Change (UNFCCC)

PROTOCOLS

  • Supplementary agreements that may become legally binding if ratified
  • Usually focus on specific measures or commitments on a particular issue
  • Example: the Kyoto Protocol, an extension of the UNFCCC setting emissions targets
HOW THE CLIMATE AGREEMENTS FIT TOGETHER One framework convention, two agreements built on top of it UNFCCC the framework convention on climate change KYOTO PROTOCOL, 1997 binding targets, but only for developed countries PARIS AGREEMENT, 2015 below 2 °C, 195 parties at COP21, each country sets its own targets succeeded by Kyoto had stronger targets. Paris has far broader participation. That trade between strictness and coverage is the story of climate negotiation.
Get this hierarchy right and questions about “conventions versus protocols” answer themselves.

Why agreements are so slow

ChallengeWhat it means in practice
ComplexityNegotiations involve many stakeholders and intricate technical detail
Scientific knowledgeRapid advances in science mean agreements need constant updating and revision
Stakeholder pressuresGovernments face pressure from groups with conflicting interests, prolonging negotiations
Differentiated responsibilitiesCountries disagree over how responsibility should be allocated, for example who cuts emissions and by how much
Financial commitmentsHigh-income countries may struggle to meet financing promised to low-income countries for climate adaptation and mitigation
Geopolitical conflictsGeneral tension between countries slows progress regardless of the environmental merits
Economic impactFear of economic repercussions makes consensus harder to reach

🤔 Why “differentiated responsibilities” is the hardest one

Most historical greenhouse gas emissions came from countries that industrialised first. Those countries are now wealthy partly because of that. Countries industrialising today argue they should not be asked to cut emissions at the same rate, since they contributed least to the problem and need growth to reduce poverty. Wealthy countries argue an agreement is pointless if the fastest-growing emitters are exempt — which is exactly the criticism made of the Kyoto Protocol. Both positions are internally reasonable, which is why this is a negotiation and not a technical fix. If you can state both sides fairly, you are writing at the top band.

Three protocols and agreements

1. Montreal Protocol (1987)

2. Kyoto Protocol (1997)

3. Paris Agreement (2015)

Why Montreal succeeded where climate agreements struggle. Ozone depletion had a small number of specific chemicals, workable substitutes, and a clear, visible harm. Climate change involves the entire energy system of every economy. Use Montreal as the proof that international law can work, then explain why climate is harder.

International agreements and the institutions they create

International agreements are treaties or conventions signed by multiple countries to address shared challenges. They foster cooperation, establish rules and promote collective action. Crucially, they often create institutions to make themselves work:

BodyWhat it doesKey example
CITES
Convention on International Trade in Endangered Species of Wild Fauna and Flora
Regulates international trade in endangered species to ensure their survival; assists members in implementing and enforcing the convention; works with customs authorities and wildlife agenciesRegulates the trade in elephant ivory to protect populations from poaching and trafficking
IUCN
International Union for Conservation of Nature
Conserves biodiversity and promotes sustainable use of natural resources; runs global forums; provides scientific expertise and policy guidanceThe Red List of Threatened Species, assessing the conservation status of species worldwide
CBD
Convention on Biological Diversity
Conserves biodiversity, promotes sustainable use of its components, and ensures fair and equitable sharing of benefits from genetic resourcesThe Aichi Biodiversity Targets, setting goals such as protecting habitats and preventing extinctions
Ramsar
Convention on Wetlands
Protects wetlands of international importance and promotes their sustainable use; coordinates members in designating and managing sitesLake Natron in Tanzania, designated to conserve its ecosystem and support migratory birds
UNEP
United Nations Environment Programme
Coordinates environmental activities, assists countries in implementing policies, provides scientific assessment and capacity buildingThe Global Environment Outlook reports, published roughly every five years

The IUCN Red List categories

The IUCN assesses species and places them in categories of extinction risk. The detail that matters for the exam is which categories count as threatened.

THE IUCN RED LIST, RANKED BY RISK Only three of these seven categories count as “threatened” increasing risk of extinction EXTINCT EXTINCT IN THE WILD CRITICALLY ENDANGERED ENDANGERED VULNERABLE NEAR THREATENED LEAST CONCERN THREATENED Near Threatened is not a threatened category, despite the name.
Species are reassessed continually, so a category is a snapshot of current risk rather than a permanent label.
EXAM-STYLE

Distinguish between an international convention and a protocol. [2]

Convention A legally binding treaty agreed at a UN conference, which all signatory countries must follow, for example the UNFCCC. Protocol A supplementary agreement that adds specific measures or commitments to a convention and becomes legally binding only if it is ratified, for example the Kyoto Protocol under the UNFCCC. 2 marks: binding treaty vs supplementary agreement requiring ratification Naming the UNFCCC and Kyoto as a matched pair makes the relationship obvious to the examiner.
EXAM-STYLE

Evaluate the effectiveness of international agreements in protecting the environment. [6]

Evidence they work The Montreal Protocol (1987) phased out CFCs and other ozone-depleting substances, and emissions of ODS have fallen rapidly. It has been strengthened repeatedly through amendments. The Paris Agreement (2015) achieved near-universal participation, with 195 parties at COP21. Evidence they struggle The Kyoto Protocol set binding targets only for developed countries and was criticised for exempting major developing emitters. International law also has limited enforcement, because it depends on states agreeing to be bound and conflicts with national sovereignty. Why the difference Montreal dealt with a small set of chemicals with available substitutes. Climate agreements involve every sector of every economy, so complexity, differentiated responsibilities, financial commitments and economic fears all slow progress. Judgement International agreements are effective where the problem is narrow, the science is settled and alternatives exist. For broad problems they set direction and coordinate action but cannot compel it, so they need strong national implementation alongside. 6 marks: both sides with named agreements, explanation of the difference, justified conclusion

💡 Exam tip

⚠ Common mix-up

That completes 9.2. For revision, read this alongside Environmental Justice and Its Obstacles in 9.1 — the challenges listed there are exactly the reasons the agreements on this page take decades to negotiate.

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