LAWS AND PROTECTING BIODIVERSITY
Environmental
Law
•Environmental law is
a set of laws, rules, and agreements created to protect nature and ensure
sustainable development.
• It covers different
areas, such as protecting biodiversity, managing natural resources, preventing
pollution, and tackling climate change.
•The laws currently
used to protect biodiversity are based on several international agreements,
national laws, and local rules.
•Key
Principles of Environmental Law
•Environmental laws
are usually based on a few main ideas:
•Prevention
Principle: It is better to
prevent damage than to fix it later.
•Precautionary
Principle: If an action might
harm the environment, we should be careful, even if we aren't 100% sure yet.
•Polluter-Pays
Principle: The person or
company that causes pollution should pay for the cleanup.
•Participation
Principle: People should have a
say in decisions that affect their environment.
•
•The
Prevention Principle
•This rule is about
stopping environmental damage before it happens.
• Example: Carrying out environmental
impact studies
before starting a new factory or industrial project.
•The
Precautionary Principle
•If there is a risk of
serious harm to nature or health, we should not wait for 100% scientific proof
before taking action. Example: Banning certain pesticides that are thought to hurt
bees and other pollinators.
•The
Polluter-Pays Principle
•This means that
whoever causes pollution is responsible for paying the costs.
•Example: Taxes on carbon
emissions or making companies pay to clean up polluted soil.
•The
Participation Principle
•This means that
people have the right to know about and take part in decisions that affect the
environment.
•Example: Holding public
meetings or surveys to get
people's opinions on new building projects.
•Main
Areas of Environmental Law
•Protecting
Nature and Resources:
Rules to save wildlife, plants, and natural assets like clean water.
•Fighting
Pollution and Managing Trash: Laws to keep the air and water clean and handle waste
properly.
•Climate
Change Laws:
Rules to reduce carbon footprints and deal with global warming.
•Land
Use and Planning:
Rules about where we can build and how we use the land.
•Protecting
Nature and Resources
•Laws
to Protect Plants and Animals: Rules that make it illegal to harm or destroy rare
wildlife.
•Rules
for National Parks and Protected Areas: Laws that decide how we use and look after special
nature reserves.
•Controlling
the Sale of Rare Species:
Following international rules (like CITES) to stop the illegal trade of endangered animals and
plants.
•Pollution
Control and Waste Management
•Air
and Water Quality Regulations: Statutory standards and monitoring frameworks for
aquatic and atmospheric health.
•Industrial
Emission Standards:
Compliance with international protocols (e.g., EU Industrial Emissions Directives) to limit the
discharge of pollutants.
•Hazardous
Waste Management:
Implementation of protocols for the cross-border movement and disposal of toxic
materials (e.g., Basel Convention compliance).
•Climate
Change Legislation
•Energy
Transition Acts:
Statutory frameworks promoting renewable energy integration and enhancing
energy efficiency standards.
•Carbon
Taxation and Carbon Markets: Implementation of economic instruments such as the EU
Emissions Trading System (EU ETS) to internalize the cost of greenhouse gas emissions.
•Implementation
of Paris Agreement Commitments: National and international legal mechanisms designed to
meet Nationally
Determined Contributions (NDCs) for climate mitigation.
•
•Land
Use Law and Spatial Planning
•Sustainable
Urban Planning Regulations: Statutory frameworks and zoning laws designed to
promote green infrastructure and reduce urban sprawl.
•Protection
of Sensitive Ecosystems:
Legal safeguards for high-conservation-value areas, including wetlands, primary
forests, and coastal zones.
•Regulatory
Frameworks for Extractive Industries: Oversight and licensing of mining and forestry
operations to ensure environmental compliance and restoration.
•Examples of Environmental Laws by Country
•In France
•The
Environmental Code: A
big book of rules that brings together all the main laws on protecting nature,
managing trash, and using energy.
•The
Climate and Resilience Law (2021): A law created to lower carbon pollution and help the
country deal better with the effects of climate change.
•
•
•In
the European Union
•Water
Framework Directive (WFD, 2000): A legal framework established to ensure the
comprehensive protection and sustainable management of water resources across
Europe.
•The
European Green Deal (2019): A strategic roadmap aiming for climate neutrality by
2050, integrating environmental sustainability into all EU policy areas.
•
•
•In
the United States
•The
Clean Air Act (1970): A
comprehensive federal law that regulates air emissions from stationary and
mobile sources to ensure ambient air quality standards.
•The
Endangered Species Act (ESA, 1973): A key statutory framework designed to provide for the
conservation of species that are endangered or threatened throughout all or a
significant portion of their range, and the conservation of the ecosystems on
which they depend.
•
•
•At
the International Level
•Stockholm
Convention on Persistent Organic Pollutants (POPs, 2001): A global treaty
aiming to protect human health and the environment from chemicals that remain
intact in the environment for long periods.
•The
Paris Agreement (2015): A
legally binding international treaty on climate change, aiming to limit global
warming to well below 2, preferably to 1.5 degrees Celsius.
•The
Kyoto Protocol (1997):
An international agreement that committed industrialized countries and
economies in transition to limit and reduce greenhouse gas (GHG) emissions.
•
•Environmental Law in Algeria
•Algeria has a well-developed
set of laws to protect the environment.
•These
laws cover many areas,
such as saving wildlife, managing waste, fighting pollution, and supporting
sustainable development
•General
Framework of Environmental Law in Algeria
•The Algerian
environmental legislative framework is primarily based on:
•The
Algerian Constitution (Article 19 and Article 68): The State guarantees
the protection of the environment and the preservation of natural resources.
•Law
No. 03-10 of July 19, 2003, relating to Environmental Protection within the
Framework of Sustainable Development: This is the primary framework law (lex generalis) concerning the
environment
•
•
•Law
No. 11-02 (2011) on Protected Areas
•Lists the different
types of protected lands, such as national parks, nature reserves, and
wetlands.
•Sets rules for how to
look after and protect these areas.
•Law
No. 07-06 (2007) on Forest Management
•Sets rules for using
forests and works to stop forests from being destroyed (deforestation).
•
•Examples
of Algerian Environmental Legislation by Sector
•Biodiversity
and Natural Resource Protection
•Law
No. 04-20 of December 25, 2004, relating to Major Risk Prevention and Disaster
Management
• This act aims to
anticipate and manage both natural and industrial disasters.
•
•
•Executive
Decree No. 12-03 of January 4, 2012, on the Conservation of Endangered Animal
Species
•Establishes the
official list of protected species and regulates the trade and trafficking of such fauna.
•
•
Pollution
Control and Waste Management
•Law
No. 01-19 of December 12, 2001, relating to waste management, control, and
disposal
ØRegulates the collection,
transport, and treatment of waste.
ØEncourages waste recycling and
recovery (valorization).
•Executive
Decree No. 06-104 of February 28, 2006, regarding hazardous waste
ØDefines the categories of
hazardous waste and sets treatment standards.
•Law
No. 05-12 of August 4, 2005, on Water
•Provides
a framework for the management
of water resources and their protection against pollution.
•Establishes
penalties for the illegal
discharge of pollutants into watercourses and groundwater (aquifers).
•Executive
Decree No. 07-144 of May 19, 2007, relating to air quality
•Sets
atmospheric pollution standards for the industrial and transport sectors.
Energy
and Climate Legislation
•Law
No. 99-09 of July 28, 1999, on Energy Management
ØPromotes energy
efficiency and renewable energy.
•Law
No. 02-01 of February 5, 2002, relating to Electricity and Gas Distribution
ØIntroduces measures
to promote renewable energy sources.
•Law
No. 04-09 of August 14, 2004, relating to the Promotion of Renewable Energy
ØSets development
targets for clean energy (solar, wind, etc.).
•Executive
Decree No. 15-319 of December 13, 2015, on Greenhouse Gas Emissions
ØEstablishes a system
for monitoring and reducing industrial emissions.
Land
Use and Urban Planning
•Law
No. 90-29 of December 1, 1990, relating to Land Use and Urban Planning
ØRegulates land use to
prevent the destruction of sensitive ecosystems.
•Executive
Decree No. 07-167 of June 4, 2007, on Environmental Impact Assessment (EIA)
ØMandates an impact
assessment for projects with a potential environmental impact.
•Executive
Decree No. 10-83 of March 10, 2010, on Coastal Protection
ØRegulates the
development of coastal areas to prevent the degradation of marine ecosystems.
•
•Challenges and Perspectives of Environmental Legislation
•Current
Challenges:
•Inconsistent
enforcement of laws across
different countries.
•Economic
pressures and conflicts with
industrial development.
•Rapidly
evolving environmental
threats (plastic pollution, the impact of AI on the environment, etc.).
•Perspectives ( Outlook):
•Strengthening monitoring
mechanisms and sanctioning powers.
•Greater
integration of environmental law
into economic policies.
•Development of international
environmental law.
•
•Challenges of Environmental Legislation in Algeria
•Current
Challenges:
•Incomplete
enforcement of laws due to a
lack of resources.
•Industrial
and economic pressure
on the environment.
•Issues
with awareness
and environmental education.
•Perspectives for Environmental Legislation in Algeria
Outlook for Improvement:
•Strengthening
sanctions for environmental offenses.
•Promoting the
green economy and sustainable development.
•Encouraging
public-private partnerships (PPPs) for environmental management.
•
•International Conventions
•International Conventions
There
are several major international conventions aimed at protecting the
environment. They cover various fields such as biodiversity, climate,
pollution, and ecosystems. Here are some of the most significant ones:
1. Biodiversity and Ecosystem Conventions
•Exemple :
Convention on Biological Diversity (CBD).
•Exemple : Ramsar
Convention (Wetlands).
2. Climate and Air Pollution Conventions
•Exemple :
United Nations Framework Convention on Climate Change (UNFCCC).
•Exemple :
Paris Agreement.
3. Oceans and Marine Environment Conventions
•Exemple :
United Nations Convention on the Law of the Sea (UNCLOS).
•Exemple :
Barcelona Convention (Mediterranean protection).
4. Waste and Chemical Product Conventions
•Exemple :
Basel Convention (Hazardous Waste).
•Exemple :
Stockholm Convention (Persistent Organic Pollutants).
•
•Biodiversity and Ecosystem Conventions
•Convention
on Biological Diversity (CBD) – 1992
•Ramsar
Convention on Wetlands – 1971
•Bonn
Convention (CMS) – 1979
•CITES
– 1973
Convention
on Biological Diversity (CBD) – 1992
•Signed
at: The
Rio "Earth
Summit."
•Objective: Conservation of
biodiversity, sustainable use, and the fair and equitable sharing of genetic
resources.
§Ramsar
Convention on Wetlands – 1971
•Objective: Protection and
"wise use" of wetlands of international importance.
•Note: In English legal
texts, utilisation rationnelle is almost always
translated as "wise use" (a specific Ramsar term).
§Bonn
Convention (CMS) – 1979
•Convention
on the Conservation of Migratory Species of Wild Animals.
•Objective: Protection of
migratory species across their entire range.
§CITES
– 1973
•Convention
on International Trade in Endangered Species of Wild Fauna and Flora.
•Signed
in: Washington, D.C.
•Objective: To regulate
international trade in endangered species of fauna and flora to ensure their
survival.
•Ramsar
Convention on Wetlands
•What is a Wetland?
According
to the Ramsar Convention, wetlands
include:
•Marshes, swamps, and peatlands
•Lakes, rivers, and
deltas
•Lagoons, estuaries,
and mangroves
•Shallow coastal areas
(≤ 6 meters deep at low tide)
•Certain artificial
sites (such as dams and rice fields)
•Wetlands may be
natural or artificial, permanent or temporary, with water that is static or
flowing, fresh, brackish, or salty
•
•Conventions on Climate and Air Pollution
•United
Nations Framework Convention on Climate Change (UNFCCC) – 1992
•Vienna
Convention (1985) and Montreal Protocol (1987)
•Geneva
Convention (1979) on Long-Range Transboundary Air
Pollution
•
•
§United Nations Framework Convention on Climate Change
(UNFCCC) – 1992
•Objective: To reduce greenhouse
gas emissions.
•→ Kyoto Protocol (1997): Sets binding reduction targets for industrialized
countries.
•→ Paris Agreement (2015): Aims to limit global warming to well below 2°C.
§Vienna Convention (1985) and Montreal Protocol (1987)
•Objective: Protection of the
ozone layer by phasing out ozone-depleting substances.
§Geneva Convention (1979) on Long-Range Transboundary Air Pollution
•Objective: To reduce
large-scale air pollutants.
•
•Conventions on Oceans and Marine Environments
•United
Nations Convention on the Law of the Sea (UNCLOS) – 1982
•London
Convention (1972) on the Prevention of Marine Pollution by Dumping of Wastes
•MARPOL
Convention (1973/78) – London
•
§United
Nations Convention on the Law of the Sea (UNCLOS) – 1982
•Signed
in: Montego Bay,
Jamaica.
•Objective: To regulate the use
of seas and oceans and to protect marine resources.
•Note
: Souvent appelée la
"Constitution des océans".
§London
Convention (1972) on the Prevention of Marine Pollution by Dumping of Wastes
•Objective: To reduce marine
pollution caused by the dumping of harmful substances.
•Précision :
Le terme
"dumping" est le terme juridique consacré pour le rejet ou l'immersion de
déchets en
mer.
§MARPOL
Convention (1973/78) – London
•International
Convention for the Prevention of Pollution from Ships.
•Objective: To combat marine
pollution caused by ships (oil, hydrocarbons, and toxic substances).
•
•Conventions on Waste and Chemical Products
•Basel
Convention (1989) – Switzerland
•Rotterdam
Convention (1998) – Netherlands
•Stockholm
Convention (2001) – Sweden
•
•Basel Convention (1989) – Switzerland
•Objective: Control of transboundary movements of hazardous wastes and their disposal.
•Note :
Cette convention vise à empêcher l'exportation de déchets toxiques des pays
développés vers les pays en développement.
•Rotterdam Convention (1998) – Netherlands
•Objective: Regulation of the international trade of hazardous chemicals.
•Key Mechanism: Prior Informed Consent (PIC) —
l'obligation d'obtenir un consentement préalable avant l'importation.
•Stockholm Convention (2001) – Sweden
•Objective: Elimination of Persistent
Organic Pollutants (POPs).
•Précision
: Les POP sont des substances chimiques qui restent dans l'environnement
pendant de longues périodes et s'accumulent dans les tissus gras des organismes
vivants.
•
•
•