A Basic Guide to International Environmental Legal Research

Essential Indexes and Finding Aids for Treaty Research

There are numerous treaty indexes for historical U.S. treaties, as well as world treaty series for international environmental legal research.  In some instances, these treaty indexes are available in print and online.  For international environmental law, it is most helpful to consult indexes containing world treaties, such as the United Nations Treaty Series or the European Treaty Series, and other unique online collections of world treaties like WorldLII.  In the United States and depending on other jurisdictions for research, a researcher would also need to consult Treaties in Force, Treaty Actions, and the Department of State’s website for international agreements including those reported under the Case-Zablocki Act.  The following list of indexes and helpful online collections is not exhaustive, but the list includes comprehensive portals for international environmental legal research:

Because of the many possible sub-topics available for international environmental law, it is helpful to have a selection of categories and correlating agreements.  The following is an outline of agreements and websites for research based on the sub-topics of hazardous waste, nuclear waste, ocean and marine sources, ozone and protection of the atmosphere, pollution, protection of species and wildlife, sustainable development, and trade and the environment.

Hazardous Waste

• Conventions & Agreements

  • Basel Convention (1989)
    • The US is a signatory but has not ratified the treaty.
    • Basel Convention Secretariat website
  • Basel Convention Amendment (1995)
  • Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes (1999)

Nuclear Waste

• Conventions & Agreements

  • Convention on Nuclear Safety (1994)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Convention on Third Party Liability in the Field of Nuclear Energy [“Paris Convention”]  (1960)
  • Protocol to Amend the Paris Convention (2004)

• Additional Selected Materials

  • International Atomic Energy Agency Circular
  • Paris Convention Decisions, Recommendations, and Interpretations

Ocean and Marine Resources

• Conventions & Agreements

  • Agreement for the Establishment of the Indo-Pacific Fisheries Council (1948)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
    • Amendments (1952)
    • Amendments (1955)
    • Amendments (1961)
  • Agreement Instituting the Latin American Organization for Fisheries Development (OLDEPESCA) (1982)
  • Convention for the Conservation of Salmon in the North Atlantic (1982)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Convention for the Conservation of Southern Bluefin Tuna (1993)
  • Convention for the Prevention of Marine Pollution from Land-Based Sources (1974) & “OSPAR” Convention (1992)
    • Protocol Amending the Convention for the Prevention of Marine Pollution from Land-Based Sources (1986)
    • Exchange of Notes Amending the Convention for the Prevention of Marine Pollution from Land-Based Sources (1997)
  • The Water Convention and the Protocol on Water and Health (UNECE Water Convention) (1992)
    • Amendments to Articles 25 and 26 of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (2003)
  • UN Convention on the Law of the Non-navigational Uses of International Watercourses (1997)

• Additional Selected Materials

  • Asia Pacific Fishery Commission (APFIC) (formerly the Asia Pacific Fisheries Council)
  • Latin American Organization for Fisheries Development (OLDEPESCA)
    • Guide to implementing the UNECE Water Convention
    • Assessment of transboundary waters in the UNECE region
    • International Water Law Project Website

Ozone and Protection of the Atmosphere

• Conventions & Agreements

  • Geneva Convention on Long-Range Transboundary Air Pollution (1979)
    U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Convention for the Protection of the Ozone Layer [“Vienna Convention”] (1985)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Montreal Protocol (1987)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
    • London Amendment (1990)
      • U.S. has signed and ratified the amendment
    • Copenhagen Amendment (1992)
      • U.S. has signed and ratified the amendment
    • Montreal Amendment (1997)
      • U.S. has signed and ratified the amendment
    • Beijing Amendment (1999)
      • U.S. has signed and ratified the amendment
  • United Nations Framework Convention on Climate Change (1992)U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Kyoto Protocol to the United Nations Framework Convention (1997)
    • Doha Amendment to the Kyoto Protocol (2012)

• Additional Selected Materials

  • United Nations Environment Programme
  • United Nations Economic Commisssion for Europe
  • United Nations Framework Convention on Climate Change

Pollution

• Conventions & Agreements

  • Stockholm Convention on Persistent Organic Pollutants (2001)
  • International Convention for the Prevention of Pollution from Ships (1973)
    • 1978 Protocol (“MARPOL”)
      • The 1978 MARPOL Protocol absorbed the parent Convention
      • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
      • Optional Annex III (1992)
      • Amendments to the Annex of the Protocol of 1978 (1997)
  • International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969)
    • Protocol (1973)
      • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • International Convention on Civil Liability for Bunker Oil Pollution Damage (2001)
  • International Convention on Civil Liability for Oil Pollution Damage (CLC) (1969)
    • Protocol of 1976
    • Protocol of 1984 (superseded by the 1992 Protocol)
    • Protocol of 1992
    • 2000 Amendments

• Additional Selected Materials

  • Stockholm Convention
  • International Maritime Organization

Protection of Species and Wildlife & Sustainable Development

• Conventions & Agreements

  • Antarctic Treaty (1959)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
    • Protocol on Environmental Protection to the Antarctic Treaty (1991)
      • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Convention on Wetlands of International Importance Especially as Waterfowl Habitat (“Ramsar”) (1971)
    • U.S. is a participant.
    • Paris Protocol (1982)
      • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
    • Regina Amendments (1987)
  • Agenda 21:  Programme of Action for Sustainable Development (1992)
  • Rio Declaration on Environment and Development (1992), and the Statement of Principles for the Sustainable Management of Forests (1992)
  • Convention on Biological Diversity  (1992)
    • U.S. has signed but not ratified this treaty.
  • North American Agreement on Environmental Cooperation (1993)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought (1994)
  • Cartagena Protocol on Biosafety (2000)

• Additional Selected Materials

  • The Antarctic Treaty
  • Convention on Biological Diversity
  • Commission for Environmental Cooperation
  • United Nations Convention to Combat Desertification
  • United Nations Sustainable Development Goals

Trade and the Environment

• Conventions & Agreements

  • Convention on International Trade in Endangered Species of Wild Fauna and Flora [“CITES”] (1973)
  • North American Agreement on Environmental Cooperation (1993)
    • U.S. has signed and ratified the treaty and, thus, has become a party to the treaty.
  • Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998)

• Additional Selected Materials

  • CITES
  • Commission for Environmental Cooperation
  • United Nations Economic Commission for Europe