Development of Envo Law
Summary
TLDRThis script discusses the evolution of environmental law, emphasizing the influence of environmental issues on legal principles. It highlights the complexity and relativity of environmental concepts, such as pollution and contamination, and the need for legal frameworks to adapt to environmental changes. The script references historical cases like Minamata disease and Itai Itai, illustrating the devastating consequences of industrial pollution and the subsequent development of environmental awareness and law. It concludes with the significance of the precautionary principle and sustainable development in modern environmental law, urging students to study landmark cases to understand the field's development.
Takeaways
- 📚 The script discusses the evolution of environmental law and its principles, emphasizing the influence of environmental issues on legal concepts.
- 🌿 It highlights the statement by Lindberg, which suggests that legal principles post-1960 have been influenced more by environmental ecology than by law itself.
- 🚫 The script touches on the concept of pollution and how it is defined by exceeding environmental standards, rather than just the act of contamination.
- 🔄 The importance of considering changes in the environment and the need for relative measures to control pollution is emphasized.
- 🌱 The necessity to correlate between biotic and cultural aspects when discussing environmental issues is mentioned, due to the complexity and uncertainty of environmental changes.
- 🌏 The script provides historical context, noting how Japan's rapid economic growth post-WWII led to severe pollution problems, such as the itai-itai disease caused by cadmium contamination.
- 📉 The case of Minamata disease is discussed as a significant example of the impact of industrial pollution and the lack of strict legal controls at the time.
- 📖 The script references the book 'Silent Spring' by Rachel Carson as a milestone that raised environmental awareness and contributed to the demand for specific environmental laws.
- 📉 The script also discusses the development of the precautionary principle in environmental law, which is more important than the preventive principle and has evolved into sustainable development.
- 🌍 The 1972 Stockholm Conference is mentioned as a significant event that increased global awareness and led to the integration of environmental protection as part of national laws.
Q & A
What does the statement by Lindberg from Eugene suggest about the influence of environmental issues on law?
-Lindberg's statement suggests that principles established in 1960 must be influenced by the concept of environmental ecology rather than the law itself, indicating a shift towards considering ecological concepts in legal frameworks.
What is the connection between environmental concepts and legal principles as discussed in the script?
-The script discusses how environmental concepts, which are complex and relative, are different from traditional legal principles that are often fixed and normative. It highlights the need for legal principles to adapt to the dynamic nature of environmental issues.
What is the significance of the term 'pollution' in the context of environmental law as mentioned in the script?
-In the context of environmental law, 'pollution' refers to contamination that exceeds standard levels, causing harm to the environment. It is a critical concept as it defines when actions or substances become legally actionable as environmental offenses.
Why is the correlation between biotic and cultural aspects important in environmental discussions?
-The correlation between biotic (living organisms) and cultural aspects is important because it acknowledges the interplay between human behavior and environmental changes. It is essential for understanding how societies evolve and react to environmental issues, which in turn influences legal and policy responses.
How did Japan's rapid economic growth post-World War II contribute to environmental issues?
-Japan's rapid economic growth post-World War II led to mass production and consumption, which in turn created devastating pollution problems. The emphasis on economic development and industrialization resulted in environmental degradation, as seen in the case of the Ginsu River and the Itai Itai disease.
What is the Itai Itai disease mentioned in the script, and what caused it?
-Itai Itai disease, which translates to 'it hurts, it hurts,' is a condition caused by cadmium contamination in drinking water and the food chain, particularly rice. It was prevalent in the Jinsu River basin and caused severe pain and bone fractures in those affected.
What is the significance of the Minamata case in the history of environmental law?
-The Minamata case is significant as it highlights the severe consequences of industrial pollution when not strictly controlled by law. It led to the recognition of the need for stronger environmental regulations and the importance of corporate responsibility in preventing environmental harm.
Why is the precautionary principle important in environmental law?
-The precautionary principle is important in environmental law because it advocates for preventive action in the face of potential environmental harm, even if there is uncertainty. It emphasizes caution and prioritizes the protection of the environment over economic interests, especially when dealing with long-term or irreversible damage.
What role did the publication of 'Silent Spring' by Rachel Carson play in raising environmental awareness?
-The publication of 'Silent Spring' by Rachel Carson was a milestone in raising environmental awareness. It brought attention to the harmful effects of pesticides and the broader issue of pollution, leading to public demand for specific environmental laws and policies.
How did the 1972 Stockholm Conference contribute to the development of environmental law?
-The 1972 Stockholm Conference, themed 'One Earth,' was a significant event that increased global awareness about the environment. It led to the recognition of environmental protection as a legal and policy priority, influencing the development of environmental laws and policies worldwide.
Outlines
🌱 Environmental Law and Its Development
This paragraph discusses the influence of environmental issues on legal principles, emphasizing the shift from traditional legal concepts to those that consider ecological aspects. It highlights the statement by Lindberg, which suggests that legal principles from the 1960s were influenced more by environmental ecology than by law itself. The speaker also touches on the complexity and relativity of environmental concepts, contrasting them with the more fixed and substantive nature of legal norms. The discussion includes the idea that environmental changes and pollution are not just about physical contamination but also about exceeding certain standards, which is a key concept in environmental law. The paragraph sets the stage for a deeper exploration of how environmental principles have evolved and interacted with legal systems.
🌿 The Nexus Between Biotic, Abiotic, and Cultural Factors in Environmental Issues
The speaker in this paragraph emphasizes the importance of correlating biotic (living), abiotic (non-living), and cultural factors when discussing environmental issues. It points out that environmental problems are complex and involve uncertainty, which necessitates considering human behavior and cultural aspects in addition to the physical environment. The paragraph uses Japan as a case study, illustrating how rapid economic growth and industrialization after World War II led to significant pollution problems. The speaker discusses Japan's transformation into a major economic and technological power, the consumer boom of the 1950s and 1960s, and the subsequent environmental challenges, including the infamous Minamata disease caused by mercury pollution. This paragraph underscores the need for a holistic approach to environmental law that takes into account the interplay between nature, human activity, and societal values.
🌾 The Tragedy of Itai-Itai Disease and Its Environmental Impact
This paragraph delves into the specific case of Itai-Itai disease, which occurred in the Jinzu River basin in Japan due to cadmium pollution from a lead smelting mine. The disease, characterized by severe bone pain and fractures, was linked to the consumption of cadmium-contaminated rice and water. The speaker discusses the historical context of the mining operation and the subsequent environmental and health catastrophe. The paragraph highlights the lack of effective legal measures to prevent such environmental disasters and the need for a more proactive legal framework to protect both the environment and public health. It serves as a stark example of the devastating consequences of industrial pollution and the importance of environmental law in preventing similar tragedies.
📚 The Evolution of Environmental Awareness and Law
The speaker in this paragraph discusses the evolution of environmental awareness and the development of environmental law. It mentions the significance of the publication 'Silent Spring' by Rachel Carson in 1962, which raised public consciousness about the dangers of pesticide use and environmental pollution. The paragraph also notes the pivotal role of the 1972 Stockholm Conference in promoting global awareness and the need for environmental policies. The speaker reflects on the growing demand for specific environmental laws and policies, leading to the establishment of environmental protection as a legal imperative. The paragraph concludes with an assignment for the class to research and present a classic environmental law case, emphasizing the importance of understanding the historical development of environmental law and its impact on current legal frameworks.
Mindmap
Keywords
💡Environmental Law
💡Pollution
💡Ecology
💡Cadmium
💡Precautionary Principle
💡Sustainable Development
💡Itai-itai Disease
💡Minamata Disease
💡Economic Growth
💡Environmental Policy
💡Stockholm Conference
Highlights
The influence of environmental issues in law must be influenced by the concept of environment ecology rather than the law itself.
Environmental concepts are complex and relative, involving pollution and contamination that exceed certain standards.
The necessity to correlate biotic and cultural aspects when discussing environmental issues due to their complexity and uncertainty.
Japan's recognition as a major economic force and leader in technology, with a history of economic reconstruction post-World War II.
The rapid economic growth and mass consumption in Japan led to severe pollution problems.
The case of the Jinsu River, where industrialization caused a disease known as itai itai due to cadmium contamination.
The importance of considering the environmental impact of industrial activities on agriculture and human health.
The Minamata case, which highlights the severe consequences of mercury pollution and the lack of legal prevention at the time.
The need for a legal framework that addresses environmental issues proactively, such as the precautionary principle.
The evolution of environmental law in response to public demand and awareness, as seen in the United States and the 1972 Stockholm Conference.
The significance of the 1962 publication 'Silent Spring' by Rachel Carson in raising environmental awareness.
The public's demand for specific environmental laws and policies following the awareness raised by 'Silent Spring'.
The role of significant environmental cases in shaping the development of environmental law.
The assignment of a sub-quiz to analyze a classic environmental law case, emphasizing the importance of understanding the development of environmental law.
The importance of considering the long-term effects of environmental issues, potentially affecting future generations.
The transition from a reactive to a proactive approach in environmental law, with an emphasis on sustainable development.
Transcripts
foreign
[Music]
so I prepare this
this recording uh but I hope tomorrow we
will have the last session with me to
discuss about
some principles
but then uh in this short in this uh
uh recording I want to
share about the related to the
development of Environmental
perhaps uh several point of it has
already been given last week
okay but I think to repeat it
will give
any disadvantage and if anything it
would be better yeah so
I will do first
start with this uh
uh with this statement made by Lindberg
from my Eugene
that it was mentioned about the
how the influence of environmental
issues in the law
he said that principle
boss 1960 must influenced by the concept
of environment ecology rather than the
law
this is a
well
to to
related to to relate with the
with the basically competency but I
think that it is
uh
really uh
relevant uh with uh how the the legal
concept or
the principle of principle of law is
related to Legal legality right the
punishment
and then a very normative Legacy
positive easement
something like that that we talk about
us a fix
Norms fixer
fixed and substantive
regulation something like that but it is
it is uh quite different when we talk
about the environmental concept as
uh I already mentioned before but
remember the concept is
uh very relative very uh
complex right and even
it's contain things
you talk about environment changes we
talk about environment as
I I believe you remember that when I
talk about
uh contamination pollution right it
doesn't mean that if we throw some ways
uh from our landlife boundary and then
and then someone can can say that we
have
done some Evolution to the river that
that that is uh
been drinking and intriguing aspect of
pollution because any
contamination and the
a dumping to the
media of environment
will be considered as a pollution if
then it exceeds exit the the
it is exceeded
the the standard from the standard
and that is the that is the the the
concept of
so what God will say or this is very
relevant when we talk about
the difference of
environmental or development is that the
principle of environment that's as I
said relative or complex cell changes I
mean not
to some understand then we need to think
about taking into account about the
changes from the changes about the
nature of the environment itself about
the
possibility of
a relative
measures to to to control the
contamination the pollution so that is
what got the mention all this and then
this is uh as I said before then of
course when we talk about environmental
world
uh we need to think about that there is
a
need yeah a need to
to correlate
between biotic biotic and culture I have
challenged this before
and as also why this is uh this is
needed it is needed because
when we talk about environment that is
complex and a lot of changes but also
there is uncertainty on the
environmental aspect if you don't think
about the culture about
um about how we behave how the human
being evolve and react to the problems
to the yeah about gender life problem
life needs
and then then it's mean that uh to some
extent then it is like we neglect the
the the
position and the condition of
environment itself because
when there's a lot of answers in the
environment of course we need to think
about
how environment can
adapt the changes that we have the
the need that we like to pursue
something like okay
so
I would like to uh
share
uh
little bit of it
and that will be true
it's only five minutes
today Japan is recognized as both a
major economic force and a leader in
technology
[Music]
1995 because
just
formally
application of Technology Japan also
earned a reputation as a heavily
polluted country this video is a record
of some of these tragedies and the
counter measures that were undertaken
after World War II Japan went through an
intense period of economic
reconstruction in a 1956 white paper on
the economy the Japanese government
announced the era of post-war
reconstruction has ended
three symbolic consumer items became the
popularly accepted definition of
Newfound Prosperity refrigerators
washing machines and television sets
mass production from factories hastily
built to provide goods and services to
increasingly affluent consumers mass
production Mass consumption
[Music]
Japanese prime minister hayato Ikeda
proclaimed his income doubling plan to
double real GNP within 10 years this
policy statement was a blueprint to Spur
rapid economic growth and consumption
Japan put great emphasis on the
development of Technologies in the heavy
and chemical Industries
many seashores throughout the country
were reclaimed to build high technology
petrochemical complexes
Transport Systems such as highways and
bullet train lines were constructed in
Rapid succession
for many Japanese the 1964 Tokyo Olympic
Games Were a declaration of the nation's
entry into the world scene as a member
of the leading developed countries
unprecedented economic growth from the
late 1950s until well into the 1960s
doubled national income within seven
years by 1968 Japanese GNP ranked second
to the United States as the economy
propelled the nation towards economic
superpower status
but excessive priority on economic
development and increased production
created devastating pollution problems
for Japan
as the national economy grew the damage
worsened
foreign
river runs from the central mountains to
the Sea of Japan the fertile Paddy
Fields there were made over the course
of 200 years by local farmers
the jinsu river irrigated a vast area of
adjacent rice paddies and provided the
surrounding areas with water for
drinking and daily use
thank you
at the upper reaches of the Ginsu River
the kamioka mine began production in
1589. three centuries later in the 1880s
industrialization turned the kamioka
mining station into the nation's leading
smelter of lead and the byproduct
sulfuric acid
damage to agriculture can be traced back
to early this century when a strange
disease primarily affecting women
appeared in the jinsu River basin the
disease was characterized by extreme
pain throughout the entire body it was
later named itai itai or it hurts it
hurts after the victim screams at the
unbearable pain
patients bones were broken at the
slightest movement and each breath was
drawn in agony
the cause of this Affliction was a
combination of malnutrition alongside
cadmium in the drinking water and the
food chain particularly rice
in 1957 a study was released which
concluded that the itai itai phenomenon
was caused by poisonous substances
discharged by the mine into the Ginsu
River this cadmium contaminated Paddy
fields and irrigation water causing
severe and Lasting damage to the soil
and the human body
water which previously sustained life
became instead a carrier of deadly
poisons
yeah
so that is uh actually for the entire
time so
I'll stop saying then change to
chance to almost more point so he wants
uh
uh I already share about the minimata
right before that uh you know Mata is
uh
one
uh significant case yeah
to
to show about how the the impact of of
the intoxication of her circus material
right then how the impact when it is not
strictly
controlled
and also many needs and also regulated
by the law itself
uh
because of course when we talk about
that this is what
the big that I showed you last week
about the
masako uh
uh actually at the 10 she was 12 years
old and then being suffered
base referred with the pain with the
condition of physical and then also
mentally
since since February since baby because
uh one of the one of the causes about
the
highly those and yeah uh I I have
intoxication of metal mercury which is
uh part of it was thrown away by by one
company but it uh
tissue company expect in Switzerland
prefecture
but what I want to mention about this
case is
there was no significant law to
to prevent this and to elaborate the
case but then yeah this is the problem
of the law of course the problem of the
Lord that law or yeah to some extent
then it is not a problem to some
resistance problem this it is the
the The Urge of the you know yourself
that this law is a responsive tool right
so the law then
being being
subsidized and and think more about the
environment after the outbreak of the
scans in 19565 but also what what you
mentioned uh What uh you saw in the
previous Clips here it's about the
itself
this is the the similar case with
similar case with the minamata that
there is no previous symptom on it and
then no no clue or what what what
actually happened in this in in this
case to to to the to the people and then
but then a lot of a lot of people
suffered for this with this symptom
uh um
specifically about the damage and then
and then uh problem on the bone
structure and then it's creates uh heard
her Feeling by by the people
let them know that it is
caused by that mean classification from
lead so it is this very sad yeah and
well uh
the first mining in in the previous
video mentioned about three centers
people the outbreak right
three Centers before I'm pregnant so it
is uh we can uh we can highlight that in
one of the problem
sometime and yeah usually
usually happen occur
not in the same time as the zombie
passenger and the waste disposal
something like that it could
uh stays and
yeah
being kept in in the in the nature in
the world
without anyone of this thing about it
because
when in front of the problem could be
could could happen
when the several amount of this
substance then get being accumulated and
then then cause a problem to them
because the problem to the through the
further further environmental aspect so
this is what the what actually then the
the the actual problem the actual risk
of the environmental case that we talk
about something that
could happen not now but perhaps 10
years ago 10 years later
uh perhaps the victim will not be
us right now but this could be our
children
or
grandchildren it could be like them so
that's why one of the significant
concepts of a significant principle to
be to be highlighted to be upheld in the
environmental law is about precautionary
we will talk about that tomorrow okay
precautionary principles so for example
is important than preventive principle
and then later it's also developed the
sustainable development
but that is a quite uh interesting
development of the
affect to the
to the to the uh through the law itself
so my last so I will give you uh
how uh the clip of it but I teach you
to highlight this uh of this slide is
that
uh
in 1962 when President Pearson brought
the salad spree
it is a
Milestone achievement yeah that time
when
actually we can we can
uh promote the awareness of environment
not not by only a case but but by uh
writing but why
is something that
consider as a fiction what actually this
person the facts and this could create
the a very nice very good Wireless
so including this the use of pesticide
then the
the problem of emission and it is sown
in this novel silencer but uh after and
and sorry not but and after
prolonged discussion and debate on it
the like in 1968 yeah then the public
started to demanding
okay we need specific environmental law
if we need specific population in
specific policy on environmental matters
and that's why the rally for uh
promoting and then demanding
environmental specifically
it is started in the United States and
London 69
United States is considered as the first
state that's integrated in the
environmental policy in front of the
protection
as a part of its law it's a specific
policy for that so that that uh 1972
when we have this Stockholm
conference and then
uh yeah the human environment the theme
on one Earth and then uh
States became more aware and then that's
a very significant development of
environment so I think that for uh for
my recording not so uh not too long but
uh
I will give sub quiz for you to file
classic environmental log cases yeah one
only one you need to provide it and then
uh to elaborate the the case uh the fact
behind and even perhaps the picture of
it and then please provide it in a short
is sort of answer to here to complete
the
learning objective of this course you
have to to make sure to ensure that you
know the development of environmental
law and then how the significant of uh
yeah cases and then and then Bridge dies
on the environmental aspect uh affect
the environmental law develop okay so
the detail will be on on C master so
thank you my class
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