The Relationship Between Agricultural Law and Environmental Law in France

2015 ◽  
pp. 241-263
Author(s):  
C. Hermon
Keyword(s):  
Environmental Law ◽  
The Relationship

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Die Staatenhaftung im Völkerrecht

2021 ◽  
Author(s):  
Sahar Moradi Karkaj
Keyword(s):  
International Law ◽  
Virtual World ◽  
Environmental Law ◽  
State Responsibility ◽  
Investment Protection ◽  
Conflict Situations ◽  
Information Operations ◽  
State Obligations ◽  
State Liability ◽  
The Relationship

The necessity for state obligations to compensate transboundary harm becomes particularly evident in the virtual world. International law is predestined to address this issue but faces challenges due to the private character of information operations. Against this background, the author analyses the relationship between the established institute of state responsibility for internationally wrongful acts and the concept of state liability for non-prohibited dangerous activities. The contours of state liability are primarily derived from environmental law, WTO law, and investment protection. It is shown that state liability offers solutions to novel conflict situations. The findings can potentially be applied in various liability regimes.

Part III Conceptual Pillars, Ch.16 Harm Prevention

2021 ◽  
Author(s):  
Brunnée Jutta
Keyword(s):  
Environmental Law ◽  
Environmental Harm ◽  
Due Diligence ◽  
International Environmental Law ◽  
Significant Harm ◽  
Actual Harm ◽  
The Face ◽  
Harm Prevention ◽  
The Relationship

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.

Part VII Inter-linkages with Other Regimes, Ch.44 Investment

2021 ◽  
Author(s):  
Miles Kate
Keyword(s):  
Environmental Law ◽  
International Investment ◽  
Public Welfare ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
International Investment Law ◽  
Investment Law ◽  
Environmental Protection Policies ◽  
New Generation ◽  
The Relationship

This chapter discusses the relationship between international investment law and international environmental law. The contestation between the fields that emerged in the context of investor-state arbitration was blunt and initially resulted in the rules of international investment law being prioritized over the obligations of states under multilateral environmental agreements (MEAs), domestic environmental protection policies and decision-making, and the host state's public welfare regulatory space. Responding to that contest, the new generation bilateral investment treaties (BITs) and free trade agreements (FTAs) reflect the desire of states to work within a more balanced version of the environment/investment nexus. It is not yet, however, at a point where it can be said to be equally balanced in the engagement of international environmental law and international investment law, and there is evidently still room for significant improvements in the way in which environmental issues are understood and interpreted by arbitrators in investor-state disputes. But the culture and context in which the environment and investment are meeting is most definitely shifting and it is hoped that the trajectory continues still further in that direction.

Part VII Inter-linkages with Other Regimes, Ch.46 Migration

2021 ◽  
Author(s):  
Kälin Walter
Keyword(s):  
Environmental Law ◽  
Human Mobility ◽  
Forced Migration ◽  
Environmental Drivers ◽  
Conservation Areas ◽  
Populations At Risk ◽  
Relevant Role ◽  
And Migration ◽  
International Instruments ◽  
The Relationship

This chapter investigates the relationship between environmental law and migration law, which traditionally have had little in common and rarely interacted. Their respective subject matters are increasingly reflected as integrated issues in international instruments alongside the growing recognition that environmental factors are important drivers of forced migration as well as predominantly voluntary migration. The chapter argues that environmental law has a relevant role to play in addressing these challenges despite the fact that they are primarily within the purview of migration and human rights law. In particular, it can contribute to addressing environmental drivers of migration and mitigate displacement risks by reducing natural hazards and enhancing the resilience of populations at risk as well as dealing with environmental consequence of such human mobility. On the negative side, environmental law may contribute to forcing people out of conservation areas, unless it provides for measures mitigating such effects of environmental protection.

Conclusion

2021 ◽  
pp. 261-270
Author(s):  
Arden Rowell ◽  
Kenworthey Bilz
Keyword(s):  
Environmental Law ◽  
Building Blocks ◽  
Psychological Research ◽  
Environmental Harm ◽  
Environmental Laws ◽  
Policy Makers ◽  
Psychological Analysis ◽  
Law And Psychology ◽  
The Relationship

Throughout this book, we have sought to identify what we see as the basic building blocks for environmental law and psychology, and for applying a psychological analysis to specific environmental laws. To that end, we have identified key ways we believe that psychological research can help in understanding and predicting why, when, and how people think about and respond to environmental harm. We have also argued that a psychological approach to environmental law and policy, which takes account of this research, can help the law more effectively shape human behavior to desired ends—whatever those ends might be. This conclusion flags a set of questions, projects, and data needs that could help policy makers and attorneys to even better understand and predict the impacts of environmental law as well as develop more effective (and in some cases cheaper) environmental laws and regulations. This includes the possibility of using law to debias; the relationship between politics and the psychology of environmental law; how environmental law might be updated in light of psychological analysis; and the role of the ongoing COVID-19 pandemic within environmental law and psychology.

20. New technologies

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Synthetic Biology ◽  
Hydraulic Fracturing ◽  
Technological Innovation ◽  
New Technologies ◽  
Technological Development ◽  
Environmental Law ◽  
Green Technologies ◽  
Environmental Liabilities ◽  
The Relationship ◽  
Forms Of Knowledge

This chapter introduces some of the issues surrounding law, environmental protection, and new technologies. Using a series of examples—such as geoengineering, nanotechnology, synthetic biology, and hydraulic fracturing (‘fracking’)—it examines the relationship between environmental law and technological innovation. First, the chapter asks how well the law governs potential environmental risks posed by new technological development. Secondly, it looks at whether and how environmental law, in its regulation of new technologies, takes account of different forms of knowledge and expertise. Thirdly, it gives insights into the ways in which law can be used to incentivize the design and application of ‘green’ technologies. Finally, building on Ch. 11, it considers the potential environmental liabilities arising from new and emerging technological risks.

13. International Trade and Environmental Protection

2021 ◽  
pp. 775-812
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
International Trade ◽  
Free Trade ◽  
World Trade ◽  
Environmental Law ◽  
Current Policy ◽  
Trade Law ◽  
The World ◽  
The Relationship

This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.

Sign in / Sign up

Export Citation Format

Share Document