Development of Envo Law

Summary

This 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

00:00

🌱 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.

05:01

🌿 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.

10:05

🌾 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.

15:08

📚 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.

Keywords

💡Environmental Law

Environmental law refers to the collection of laws, treaties, and regulations that address the impact of human activities on the environment. In the video, the development of environmental law is discussed in the context of how it has evolved to address various environmental issues, such as pollution and contamination. The script mentions how principles of environmental law have been influenced by the concept of ecology, indicating a shift from traditional legal approaches to ones that consider ecological balance and sustainability.

💡Pollution

Pollution is the introduction of contaminants into the natural environment that cause adverse change. The video script discusses pollution in the context of contamination of water bodies and soil, such as the case of the Ginsu River, where industrial activities led to severe health issues due to cadmium contamination. The script emphasizes the importance of understanding pollution as exceeding environmental standards, which is a key concept in environmental law and policy.

💡Ecology

Ecology is the branch of biology that deals with the relations and interactions between organisms and their environment. The video script highlights the influence of ecological concepts on the development of environmental law, suggesting that legal principles must now consider the complex interrelationships within ecosystems. This is evident in the discussion of how environmental issues are not just legal matters but also deeply connected to ecological health and balance.

💡Cadmium

Cadmium is a toxic chemical element that can cause severe health problems, including 'itai-itai' disease as mentioned in the script. The video discusses how cadmium from industrial waste contaminated the Ginsu River, leading to widespread health issues among the local population. This example illustrates the real-world consequences of pollution and the need for stringent environmental regulations to prevent such incidents.

💡Precautionary Principle

The Precautionary Principle is an approach to risk management that suggests cautionary measures should be taken in the face of potential harm, even if there is no scientific consensus. The video script mentions this principle in the context of environmental law, emphasizing the need for proactive measures to prevent environmental damage, rather than waiting for definitive proof of harm. This principle is crucial in shaping policies that protect the environment from potential threats.

💡Sustainable Development

Sustainable development is a development approach that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. The video script refers to the evolution of environmental law towards incorporating sustainable development principles, indicating a shift towards long-term environmental stewardship. This concept is highlighted as a significant development in environmental law, reflecting a global awareness of the need to balance economic growth with environmental protection.

💡Itai-itai Disease

Itai-itai disease, also known as 'ouch-ouch disease,' is a painful and debilitating condition caused by cadmium poisoning. The video script uses this disease as a case study to illustrate the severe health impacts of environmental pollution. The discussion of itai-itai disease underscores the human cost of industrial pollution and the importance of environmental regulations in protecting public health.

💡Minamata Disease

Minamata disease is a neurological syndrome caused by severe mercury poisoning. The video script mentions this disease as a significant case that demonstrates the impact of industrial pollution when not strictly controlled by law. The mention of Minamata disease in the script serves as a historical reference to the devastating effects of environmental contamination and the need for robust environmental legal frameworks.

💡Economic Growth

Economic growth refers to the increase in the production of goods and services of an economy over a period of time. The video script discusses the period of rapid economic growth in Japan post-World War II, which led to significant environmental challenges. The script highlights the tension between economic development and environmental protection, suggesting that unchecked growth can lead to severe environmental degradation.

💡Environmental Policy

Environmental policy refers to the decisions made by governments at all levels to regulate human activities that affect the environment. The video script discusses the evolution of environmental policy, particularly in the United States, as a response to public demand for specific laws and regulations to protect the environment. This keyword is central to the video's theme, as it illustrates the historical development of policies aimed at mitigating environmental harm.

💡Stockholm Conference

The Stockholm Conference, held in 1972, was a pivotal event in the global environmental movement. The video script mentions this conference as a significant development in raising awareness about the human environment. The conference led to the establishment of the United Nations Environment Programme (UNEP) and marked a turning point in international cooperation on environmental issues, as discussed in the script.

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