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Environmental degradation remains one of the most immediate concerns in the 21st Century, impacting not only ecosystems but also the health and well-being of human populations. Pollution, climate change, deforestation, and the loss of biodiversity have highly escalated in recent decades, resulting in severe consequences for public health, socio-economic stability, and global security. The interconnectedness of environmental issues with public health crises and the displacement of population has prompted the need for a better and more accountable international legal framework. In this context, international law and bodies play a crucial role in regulating environmental damage, ensuring the protection of human rights, and addressing the socio-economic consequences of environmental degradation, including health impacts and high displacement rates. Through various treaties, conventions, and judicial rulings, international bodies have made significant improvements toward mitigating environmental harm and promoting global cooperation in safeguarding the planet for future generations.
This essay will explore the major role of international law in combating environmental degradation and its associated impacts on public health and displacement. It will examine key international agreements, notable cases, and recent rulings that highlight the legal responsibilities of states in addressing these global challenges. Additionally, it will emphasize the growing need for a creative and integrated approach that links environmental protection with human rights, public health, and so on.
Environmental degradation encompasses a large range of issues that have direct consequences on both ecosystems and human societies. Among the most critical are pollution, climate change, deforestation, and the consumption of natural resources. These problems not only disrupt ecological balance but also severely affect public health, leading to a rise in diseases, malnutrition, and other health issues. For instance, air pollution is responsible for millions of deaths annually due to its role in causing respiratory and cardiovascular diseases. Water contamination from industrial waste and agricultural runoff leads to outbreaks of cholera, dysentery, and other waterborne diseases.
Climate change further double or in some cases triple these challenges, contributing to extreme weather events such as hurricanes, droughts, and wildfires. Rising temperatures and altered rainfall patterns also affect food production, leading to malnutrition, displacement, and the exacerbation of poverty in vulnerable regions. According to the World Health Organization (WHO), climate change is projected to cause an additional 250,000 deaths annually between 2030 and 2050, primarily due to heat stress, malnutrition, and the spread of infectious diseases.1
International law plays an essential and a major key role in addressing these environmental concerns by setting frameworks for cooperation in between nations, establishing obligations for countries, and holding them accountable for their actions. One of the most prominent international legal instruments designed to mitigate the impacts of climate change is the Paris Agreement (2015), a treaty under the United Nations Framework Convention on Climate Change (UNFCCC). The Paris Agreement aims to limit global warming to below 2°C, with efforts to limit the temperature increase to 1.5°C above pre-industrial levels. This legally binding agreement requires countries to set nationally determined contributions (NDCs) to reduce greenhouse gas emissions and increase resilience to climate impacts.2 By fostering international cooperation, the Paris Agreement addresses the root causes of environmental degradation while also recognizing the importance of public health in the face of climate change.
The link between environmental degradation and public health is undeniable. The impact of environmental factors on health is exacerbated by poor regulatory frameworks, inadequate enforcement of environmental protection laws, and the failure to consider health implications in development policies. International law has responded to this challenge by promoting legal frameworks that aim to protect public health in the context of environmental threats.
The International Health Regulations (2005), adopted by the World Health Organization (WHO), are a critical component of the international legal framework addressing public health threats, including those exace rbated by environmental degradation. The regulations are designed to help countries prevent the spread of disease a nd ensure public health safety in the face of global health chall enges such as pandemics, natural disasters, and environmental crises. For example, during the 2014 Ebola outbreak in West Africa, the WHO invoked the International Health Regulations to guide member states in their responses, ensuring that health systems were protected from the broader impacts of the epidemic.
Moreover, judicial rulings increasingly recognize the intersection of environmental protection and public health. The European Court of Human Rights (ECHR), in its 2024 ruling against Switzerland, emphasized the state's responsibility to protect citizens from climate-related harm, reinforcing the link between environmental law and human rights. The court found that Switzerland's failure to adequately address climate change violated the right to life and health under the European Convention on Human Rights. This ruling underscores the obligation of states not only to mitigate climate change but also to protect public health from its adverse effects.
As environmental degradation accelerates, displacement due to climate change has become a growing concern. Rising sea levels, desertification, and extreme weather events are forcing millions of people to abandon their homes and migrate in search of safety. These "climate refugees" face a lack of legal protection under current international law, as refugees are traditionally defined by their displacement due to conflict or persecution rather than environmental factors.
Nevertheless, international law has begun to acknowledge the need for a framework to address displacement caused by environmental degradation. The Global Compact for Safe, Orderly, and Regular Migration (2018) represents a significant step toward recognizing the plight of migrants displaced by environmental factors. While the compact does not provide specific legal status for climate refugees, it encourages states to cooperate in managing migration and protecting vulnerable migrants, including those displaced by environmental harm.
Additionally, the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion in 2024 emphasizing the responsibility of states to protect marine environments from the impacts of climate change. Rising sea levels, caused by global warming, threaten the existence of low-lying island nations, potentially displacing entire populations. ITLOS has called for international collaboration to mitigate the effects of climate change on marine ecosystems and the populations dependent on them.
The Inhabitants of La Oroya v. Peru (2024) case before the Inter-American Court of Human Rights represents a groundbreaking moment in environmental jurisprudence. The court ruled that Peru violated the human rights of its citizens by failing to prevent harmful pollution from the La Oroya Metallurgical Complex, one of the most polluted places in the world. The court's decision set an important precedent for holding states accountable for environmental violations that impact public health. Peru was ordered to take remedial actions, including environmental cleanup, improved health care for affected populations, and the establishment of better regulatory measures to prevent future harm.
Another pivotal case is the International Criminal Tribunal for the former Yugoslavia (ICTY), which addressed war crimes and environmental destruction during the Balkan conflicts. This tribunal expanded the scope of international criminal law by including environmental damage caused by wartime actions. Similarly, the International Criminal Tribunal for Rwanda (ICTR), which prosecuted perpetrators of the 1994 genocide, also recognized the environmental destruction resulting from the conflict as a consequence of war crimes. These cases illustrate the growing recognition of environmental damage within international criminal law.
The evolving role of international law in addressing environmental degradation highlights the critical intersection between environmental protection, public health, and displacement. As the global community grapples with the escalating impacts of climate change, pollution, and ecosystem destruction, international legal frameworks and judicial rulings provide essential mechanisms for holding states accountable, safeguarding public health, and ensuring the protection of vulnerable populations.
Agreements like the Paris Agreement and frameworks such as the International Health Regulations underscore the need for coordinated global action to tackle environmental challenges and mitigate their effects on human health. Landmark cases, such as Inhabitants of La Oroya v. Peru, further illustrate how international courts are reinforcing state obligations to protect the environment and uphold human rights. As environmental issues continue to evolve, international law must remain a dynamic and flexible tool for addressing the complexities of global environmental governance.
To effectively combat environmental degradation and its multifaceted impacts, international cooperation is essential. States must continue to strengthen environmental regulations, invest in sustainable development, and ensure that the rights of affected populations are protected. The legal framework must evolve to address the growing challenges of climate change and environmental displacement, ensuring that future generations inherit a healthier planet and a more just global system.