Intervention, in international law

Intervention

Intervention meaning:

1: interposition or interference of one state in the affairs of another.

2: any interference in the affairs of others, especially by one state in the affairs of another.

3: Interference by a country in another's affairs.

Intervention, in terms of international law, is the term used for the forcible or dictatorial interference of one country or sovereign state in the internal or external affairs of another.

Oppenheim defines intervention as a forcible or dictorial interference by a State in the affairs of another State calculated to impose certain conduct or consequences on that other State.

Or; intervention means dictatorial inference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of thing.

Intervention as defined by international lawyers, intervention is unsolicited interference by one state in the affairs of another and nonintervention is the avoidance of such interference. Intervention may be directed against a single state within it, or it may involve interference with the interactions among a group of states. It may take the form of military action or economic or political pressures. These pressures force states to act in a manner prescribed or foreordained by the intervening state. Alternatively, the intervening state may use its own agents to carry out the policies that it desires. States yield because they fear military coercion or nonmilitary punitive actions or because they cannot stop the intervening state's agents or activities.

Intervention means a country interferes in the affairs of another country by means of force or by any other means.

Example:

“India intervene in the affairs of Pakistan in 1971, when refugees of the Bangladesh flew into west Bangal and the situation was unreasonable for India, the war took place and Bangladesh came as a independence country”

In most cases, intervention is considered to be an unlawful act but some interventions may be considered lawful.

Prohibitions of Intervention

In principle international law prohibits interventions, this prohibitions is the corollary of every state rights to sovereignty, territorial integrity and political independence.

Art 2(4) UN charter: “all members shall retain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the united nations”

Ar2 (7) UN charter: “nothing contained in the present charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state”

Grounds of Intervention

As a general principle UN Charter prohibited the Intervention, but Art 51 of UN Charter provide two grounds of Interventions:

1. Self Defense. Art 51 provides the protection of self defense against the armed attack of a country, but this is subject to the review of the Security Council, and this right is not available to a non member of UN.

Illustration:

X is the country surrounded with A on the west and B on east frontier of it. After some border incident there were some soldiers killed of each of the state. The X attack A and B, and occupied major portion of A and B. X take a plea in the security council that X were under the clear threat of attack by A and B and he started military operations in order to protect its interest.

But X is not justified under the Article of 51 of UN charter of self defense. Because Art 51 permits the rights of self defense only if an arm attack had not taken place but the contention was that preparations were being made to launch the attacks.

The Caroline case (1841) “there were some Canadian rebellion groups fighting against Britain for independence of Canada. The US used to support them by supplying arms. The Caroline was the name of the American ship by which the America supplies the arms to the rebellion. The Britishers seized this ship which was then in the American port of Scholosser, and took it to Nigeria falls within the territory of British Canada. America protested it was a clear illegal intervention. And the matter went to Arbitration and the Arbitrator also held that it was a clear intervention by British”

2. Collective Intervention: The Security Council passed a resolution to intervene in matter of Iraqi intervention in Kuwait by sadam hussain and made the collective intervention in it.

Chapter VII, Article 51 of the United Nations Charter recognized some grounds as valid for intervention according to International Law.

1)       Self-defense

2)       Humanitarian grounds

3)       Enforcement of treaty of rights

4)       Intervention to prevent illegal intervention

5)       Balance of power

6)       For protection of persons and their property

7)       Collective intervention

8)       Intervention to maintain International Law

9)       Intervention in civil wars

1: Self-defense, according to International Law is an inherent right by every State from the interference from another State from an armed attack on it.

It is a valid ground according Chapter VII, Article 51 of the United Nations Charter and every nation can be in self-defense till Security Council of the United Nations Organization steps in.

Essential conditions

• Armed attack
• State enjoys self-defense only till Security Council steps in.
• Acts of the country are subjected to Security Council's review
• Right to Self-defense should not affect the responsibility of Security Council in maintaining peace and security
• Right is not available to non-member nations of UNO

Related Case

• The Caroline Case (1841)

2: Human Rights are given importance in the modern society. Article 2(4) allows an intervention by a country on humanitarian grounds. However this allowing of intervention is not an authorization by the UNO. UNO authorizes to intervene in the affairs of any country where human rights are violated under Article 51 under the principle of ‘collective intervention’.

Examples:

• Sanctions were imposed on South Africa where Whites treated blacks very ugly and trodden and have arrested their leader Nelson Mandela.
• Fishermen often cross the territorial waters and enter into the waters of a neighboring country. The coast guard of the neighboring country often alert warns and sends the fishermen back to their native country without detention or by force on humanitarian grounds.

3: Enforcement of treaty rights was once a valid ground for intervention but was later withdrawn by UNO. The United Nations Charter does not recognize the intervention to enforce the rights of a treaty

4: Intervention to prevent illegal intervention:

According to International Law, an Intervention to prevent illegal intervention is a valid ground for intervention. It is an act of Self-defense.

Example:

USA, Britain, France, Russia etc. under the ages of the UNO prevented Iraq's illegal intervention on Kuwait.

5: Balance of power:

Universal Succession was earlier allowed but later removed as being a valid ground for intervention. Collective security and collective intervention takes the place of balance of power.

6: For protection of persons and their property:

This item was earlier allowed but later removed as being a valid ground for intervention. In 1983, America invaded Grenada to save 1000 Americans living in Grenada and to establish law and order there. The UNO criticized USA for this intervention.

7: Collective intervention:

Collective intervention is a good and a valid ground for intervention according to the Article 51 of the Charter of United Nations.

Example:

• Collective invasion of Iraq in 1990
• Collective invasion of Korea in 1950
• Collective invasion of Congo in 1961

8: Intervention to maintain International Law:

Intervention to maintain International Law was a valid ground during the days of the League of Nations but was removed to be so, after the formation of the United Nations Organization.

9: Intervention in civil wars:

Intervention in civil wars is an unclear ground for intervention. The intervention acts of United Nations Organization are valid but the ground in regard to a single country's intervention in a civil war is still unclear.

Examples

• Soviet Russia's intervention in the civil war of Afghanistan is criticized.
• America's intervention of Cuba by enforcing a blockade is criticized.

Conclusion:

In view of the above discussion it may be concluded that a state may intervene in the affairs of another state only on the ground of self defense. The UN may intervene in the domestic affairs of members state on the ground of maintained or restoration of international peace and security. That is to say, it can take collective measures or can make collective interventions. The UN can also intervene in case of member's countries civil war when there are violations of human rights.

Bibliography:

·         http://www.articlesbase.com

·         www.lawnote.com

·         en.wikipedia.org/wiki/Intervention

·         www.thefreedictionary.com/intervention

·         oxforddictionaries.com/definition/English/intervention

·         www.yourdictionary.com › Dictionary Definitions

Book:

International law by L.N TANDON and S.K.KAPOOR

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

Brief on Pakistan Environmental Protection Act, 1997

Pakistan’s Environmental Policy is based on participatory approach to achieving objectives of sustainable development through legally, administratively and technically sound institutions. The Federal Environment Ministry was established in Pakistan in 1975 as follow up a Stockholm declaration of 1972. The Ministry was responsible for promulgation of the environmental Protection Ordinance of Pakistan in 1983. It was the first comprehensive legislation prepared in the country. The main objective of Ordinance 1983 was to establish institutions i-e to establish Federal and Provincial Environmental

Protection Agencies and Pakistan Environmental Protection Council (PEPC).

In 1992 Pakistan attended the Earth Summit in state of Brazil (Rio-De Janeiro) and thereafter became party to various international conventions and protocols. This political commitment augmented the environmental process in the country. Same year, Pakistan prepared National Conservation Strategy (NCS), provides a broad framework for addressing environmental concerns in the country. In 1993 Environmental Quality Standards (NEQS) were designed.

The Pakistan Environmental Protection Act was enacted on 6th December 1997, repealing the Pakistan Environmental Protection Ordinance, 1983. The PEPA’ 1997 provides the framework for implementation of NCS, establishment of Provincial Sustainable development Funds, Protection and conservation of species, conservation of renewable resources, establishment of Environmental Tribunals and appointment of Environmental Magistrates, Initial Environmental Examination (IEE), and Environmental Impact Assessment (EIA).

Pakistan Environmental Protection Council

The apex body was first constituted in 1984 under section 3 of the Pakistan Environmental Protection Ordinance (PEPO), 1983, with President of Pakistan as its Chairman. In 1994, an amendment was made in the Ordinance to provide for the Prime Minister or his nominee to be the head of the Council. The Council was reconstituted after enactment of the new law i.e. Pakistan Environmental Protection Act, 1997. It is headed by the Prime Minister (Chief Executive) of Pakistan. The council is represented by trade and industry, leading NGOs, educational intuitions, expert’s journalists and concerned ministries.

Establishment of Pakistan Environmental Protection Agency under section 5

In 1993, the Pakistan Environmental Protection Agency (Pak-EPA) was established under Section 6 (d) of the Pakistan Environmental Protection Ordinance, 1983. The Agency started with meager staff and resources. However, number of action were taken which included notification of NEQS in 1993 for municipal and liquid industrial effluents and industrial gaseous emissions, motor vehicle exhaust, and noise.

The functions and responsibilities of the Agency enhanced and it was strengthened technically and logistically to meet the environmental challenges. Pak-EPA also provides technical support to the Ministry of Environment.

Salient feature of various Sections of PEPA’ 1997:

Functions of Pak-EPA under Section 6 (2)

The Federal Agency may

a) Undertake inquiries of investigation into environmental issues, either of its own accord or upon complaint of any person or organization.

Powers of Federal Agency under Section 7

The Federal Agency may

g) Summon & enforce the attendance of any person and require him to supply any information or document need for the conduct of any enquiry or investigation into any environmental issue;

h) enter and inspect and under the authority of a search warrant issued by the environmental magistrate, search at any reasonable time, any land, building, premises, vehicle, vessel, or other place where or in which, there are reasonable ground to believe that an offence under this act has been or being committed;

Provincial Environmental Protection Agencies

In all four provinces, Environmental Protection Agencies were created under the provision of Pakistan Environmental Protection Act, 1997. Federal Government has delegated its powers to the provincial governments and they have further delegated powers to the provincial Environmental Protection Agencies.

Initial Environmental Examination and Environmental Impact Assessment under

Section 12

Environmental Assessment (EA) is a process to examine the environmental risks and benefits associated with the developmental projects. IEE and EIA process has begun in the country in an organized manner. Section 12 explains that no proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an Initial Environmental Examination or, where the projects is likely to cause an adverse environmental effect, an Environmental Impact assessment, and has obtain from Federal Agency Approval. An IEE/EIA Regulations, 2000 has been notified under this section.

Prohibition of Import of Hazardous Waste under Section 13

The Pakistan Environmental Protection Act, 1997 requires that no person may import hazardous substances of which chemical activity is toxic, explosive, flammable, corrosive, radioactive, cause directly or in combination with other matters, an adverse environmental effect.

Regulation of Motor Vehicle under section 15

Operation of a motor vehicle from which gaseous emission or noise exceeds the NEQS, or other standards established by Pak-EPA where ambient conditions so require, have been prohibited. To ensure compliance with the NEQS, the Pak-EPA has been empowered to direct that pollution control devices be installed in motor vehicles or fuels specified by Pak-EPA be used in them or specified maintenance or testing be carried out on them.

Establishment of Environmental Tribunals under section 20

The Government is empowered to constitute Environmental Tribunals to hear cases relating to Pakistan Environmental Protection Act, 1997. The Federal Government has established four Environmental Tribunal one in each province.

Designation of Environmental Magistrates under section 24

The Federal and Provincial governments have designated senior civil judges as Environmental Magistrates to take all contraventions punishable in respect of handling of hazardous substances and pollution caused by motor vehicles.

Penalties of Environmental Magistrate

The Environmental Magistrate has been authorized to award compensation for losses or damage under Section 17(5).

·         􀂃 Endorse a copy of the order of conviction to concerned trade or industrial association;

·         􀂃 Sentence him to imprisonment for a term which may extend up to two years;

·         􀂃 Order the closure of the factory;

·         􀂃 Order confiscation of the factory, machinery and equipment, vehicle, material or substance, record or document, or other object used or involved in contravention of the provision of the Act;

Delegation of Powers to Provincial Governments under section 26

Ministry of Environment, Local Government and Rural Development had delegated functions and powers of it and the Federal Environmental Protection Agency under section 26 of the Act to the Provincial governments. The Provincial Governments have further delegated these powers and functions to Environmental Protection Agencies and also planning to sub-delegate selected powers to the local government.

Hafiz Muhammad Azeem Khokhar

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development.

INTRODUCTION

* Pakistan Environmental Protection Act-1997

* Pakistan Environmental Protection council

* Environmental protection Agency (Federal EPA)

* Provincial Sustainable Development Funds

* National Environmental Quality Standards

* Prohibition, Regulations, and Protection Orders

* Enforcement Mechanisms

* Penalties

* Responsibilities

* Derogation

* Appeal

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

* PEPA has two main functions:-

* it creates institutions

* it regulate activities

PEPA is enforced through:-

* administrative measures

* judicial sanctions

* Active involvement of civic society

ENVIRONMENTAL MAGISTRATES

* Trial of less serious offences

INSTITUTIONS CREATED BY PEPA

* Pakistan Environmental Protection Council

* Pakistan Environmental Protection Agency (Federal EPA)

PAKISTAN ENVIRONMENTAL PROTECTION COUNCIL

FUNCTIONS AND POWERS:-

* Co-ordinate and supervise enforcement

* Approve comprehensive national policies

* Ensure implementation

* Approve NEQS

* Provide guidelines

* Co-ordinate integration of the principals and concerns of sustainable development into and policies

* Consider the National Environmental Report and give directions thereon

PAKISTAN ENVIRONMENTAL PROTECTION AGENCY

* Central implementing agency for the act                                  * Headed by Director General

EXTENSIVE FUNCTIONS AND POWERS

* Administrate & implement the provisions of PEPA

* Prepare, revise & establish the NEQS

* Ensure enforcement of NEQS

* Establish standards for quality of ambient air, water and land

* Establish system for prevention and control of pollution

1. Surveys,

2. Monitoring,

3. Inspection

* estimate the cost of cleanup and rehabilitation

* certify laboratories as approved laboratories for conducting tests and analysis

* provide advice and assistance in environmental matters

* Promote public education and awareness of Env. Issues

* encourage the formation of NGO's & community & village organizations

* take all necessary measures for pollution control* promote sustainable development

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCIES

* in each province

* Headed by director general

FUNCTIONS

* Will exercise powers and functions for Federal EPA

* Delegated by Provincial Governments

PROVINCIAL SUSTAINABLE DEVELOPMENT FUND

* Established in each province

* Sources

* grants or loans from federal government or provincial government

* aids & assistance, grants, advances, donations etc from foreign governments, national & international agencies and NGOs

* contribution from private organizations

* Utilization

* Will provide financial assistance to environmental projects

* Further the objectives of EPA

* Management of fund

* Managed by a board

NATIONAL ENVIRONMENTAL QUALITY STANDARDS

* Standards established by the Federal Agency

* Set limits for emissions

* Detailed

* Specific

* Related to sector activity

* Levy for operating outside NEQS

PROHIBITION OF CERTAIN DISCHARGES OR EMISSIONS

v  No discharge in excess of NEQS

v  No discharge in excess of limits laid down by the federal agency

v  Levy for contravention

ACTIVITIES REGULATED BY PEPA

* focuses on two areas

* Pollution control and abatement

* assessing environmental impacts

* Pollution control & abatement

* Discharge or emissions in excess of NEQS

* Motor vehicle emissions in excess NEQS

* Prohibition on import of hazardous waste

* Handling of hazardous substances

HANDLING OF HAZARDOUS SUBSTANCES

* License required to

* Generate

* Collect

* Consign

* Transport

* Treat

* Dispose of 

* Store

* Handle

* Import

REGULATION OF MOTOR VEHICALS

* No vehicle may exceed NEQS

* Federal agency can prescribe the fitting of pollution control devices or fuel, or undergo

* Not allowed to operate until there is compliance with a direction

ASSESSING ENVIRONMENTAL IMPACTS

* Pre construction or operation of a project in prescribed category

* Exception - Filling and approval with EPA of 

* An initial environmental examination

* Environmental Impact Assessment (EIA) where the projects likely to cause an adverse effect

ENVIRONMENTAL PROTECTION ORDER

* In case of contravention of the Act the federal agency can order

* Stopping and control of offending action

* Installation or alteration of equipment

* Removal of pollutant

* Restoration of environment

* The federal agency may take action for noncompliance with an order

* The federal agency may recover costs of taking action

ENFORCEMENT MECHANISM

* Administrative measures

* Pollution charge

* Environmental protection order

* Administrative penalty

* Judicial

* Judicial through court

* Three levels of penalty

* Civil enforcement

* Public may seek assistance

* Approach the PEPC

* Approach the EPA

* Participate in EIA review

* Lodge a formal notice with the EPA about an infringement

ENVIRONMENTAL TRIBUNALS

* Trial of the more serious offences

* Issue arrest warrants

* Act as an appeal body

ENVIRONMENTAL MAGISTRATES

Trial of less serious offences

APPEAL

* Federal agency or Provincial agency

* Appeal to the environmental tribunal

* Environmental Tribunal

* Appeal to high court

* Environmental Magistrate

* Appeal to Court of sessions

                                                               

Hafiz Muhammad Azeem Khokhar

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development.

INTRODUCTION

* Pakistan Environmental Protection Act-1997

* Pakistan Environmental Protection council

* Environmental protection Agency (Federal EPA)

* Provincial Sustainable Development Funds

* National Environmental Quality Standards

* Prohibition, Regulations, and Protection Orders

* Enforcement Mechanisms

* Penalties

* Responsibilities

* Derogation

* Appeal

PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997

* PEPA has two main functions:-

* it creates institutions

* it regulate activities

PEPA is enforced through:-

* administrative measures

* judicial sanctions

* Active involvement of civic society

ENVIRONMENTAL MAGISTRATES

* Trial of less serious offences

INSTITUTIONS CREATED BY PEPA

* Pakistan Environmental Protection Council

* Pakistan Environmental Protection Agency (Federal EPA)

PAKISTAN ENVIRONMENTAL PROTECTION COUNCIL

FUNCTIONS AND POWERS:-

* Co-ordinate and supervise enforcement

* Approve comprehensive national policies

* Ensure implementation

* Approve NEQS

* Provide guidelines

* Co-ordinate integration of the principals and concerns of sustainable development into and policies

* Consider the National Environmental Report and give directions thereon

PAKISTAN ENVIRONMENTAL PROTECTION AGENCY

* Central implementing agency for the act

* Headed by Director General

EXTENSIVE FUNCTIONS AND POWERS

* Administrate & implement the provisions of PEPA

* Prepare, revise & establish the NEQS

* Ensure enforcement of NEQS

* Establish standards for quality of ambient air, water and land

* Establish system for prevention and control of pollution

1. Surveys,

2. Monitoring,

3. Inspection

* estimate the cost of cleanup and rehabilitation

* certify laboratories as approved laboratories for conducting tests and analysis

* provide advice and assistance in environmental matters

* Promote public education and awareness of Env. Issues

* encourage the formation of NGO's & community & village organizations

* take all necessary measures for pollution control* promote sustainable development

PROVINCIAL ENVIRONMENTAL PROTECTION AGENCIES

* in each province

* Headed by director general

FUNCTIONS

* Will exercise powers and functions for Federal EPA

* Delegated by Provincial Governments

PROVINCIAL SUSTAINABLE DEVELOPMENT FUND

* Established in each province

* Sources

* grants or loans from federal government or provincial government

* aids & assistance, grants, advances, donations etc from foreign governments, national & international agencies and NGOs

* contribution from private organizations

* Utilization

* Will provide financial assistance to environmental projects

* Further the objectives of EPA

* Management of fund

* Managed by a board

NATIONAL ENVIRONMENTAL QUALITY STANDARDS

* Standards established by the Federal Agency

* Set limits for emissions

* Detailed

* Specific

* Related to sector activity

* Levy for operating outside NEQS

PROHIBITION OF CERTAIN DISCHARGES OR EMISSIONS

* No discharge in excess of NEQS

* No discharge in excess of limits laid down by the federal agency

* Levy for contravention

ACTIVITIES REGULATED BY PEPA

* focuses on two areas

* Pollution control and abatement

* assessing environmental impacts

* Pollution control & abatement

* Discharge or emissions in excess of NEQS

* Motor vehicle emissions in excess NEQS

* Prohibition on import of hazardous waste

* Handling of hazardous substances

HANDLING OF HAZARDOUS SUBSTANCES

* License required to

* Generate

* Collect

* Consign

* Transport

* Treat

* Dispose of 

* Store

* Handle

* Import

REGULATION OF MOTOR VEHICALS

* No vehicle may exceed NEQS

* Federal agency can prescribe the fitting of pollution control devices or fuel, or undergo

* Not allowed to operate until there is compliance with a direction

ASSESSING ENVIRONMENTAL IMPACTS

* Pre construction or operation of a project in prescribed category

* Exception - Filling and approval with EPA of 

* An initial environmental examination

* Environmental Impact Assessment (EIA) where the projects likely to cause an adverse effect

ENVIRONMENTAL PROTECTION ORDER

* In case of contravention of the Act the federal agency can order

* Stopping and control of offending action

* Installation or alteration of equipment

* Removal of pollutant

* Restoration of environment

* The federal agency may take action for noncompliance with an order

* The federal agency may recover costs of taking action

ENFORCEMENT MECHANISM

* Administrative measures

* Pollution charge

* Environmental protection order

* Administrative penalty

* Judicial

* Judicial through court

* Three levels of penalty

* Civil enforcement

* Public may seek assistance

* Approach the PEPC

* Approach the EPA

* Participate in EIA review

* Lodge a formal notice with the EPA about an infringement

ENVIRONMENTAL TRIBUNALS

* Trial of the more serious offences

* Issue arrest warrants

* Act as an appeal body

ENVIRONMENTAL MAGISTRATES

Trial of less serious offences

APPEAL

* Federal agency or Provincial agency

* Appeal to the environmental tribunal

* Environmental Tribunal

* Appeal to high court

* Environmental Magistrate

* Appeal to Court of sessions