The European Union’s Role in the Development of Global Environmental Law

AbstractInternational environmental law (IEL) has been unable to respond effectively to the Anthropocene’s global socio-ecological crisis, which is critically existential and requires radical interventions and regulatory reform. This article explores the potential of the recent United Nations (UN)-backed initiative to adopt a Global Pact for the Environment as an opportunity to reform IEL. It does so by (i) reflecting on the Anthropocene’s demands for a constitutionalized form of IEL through the lens of global environmental constitutionalism; (ii) investigating the extent to which the Global Pact could contribute to such a vision; and (iii) suggesting ways in which to strengthen the constitutional potential of the Global Pact in this endeavour. To this end, the article revisits the World Charter for Nature of 1982, which seems to have slipped off the radar in academic as well as policy circles. A case is made for renewed support of the Charter – which already enjoys the backing of the majority of UN General Assembly member states, and which has constitutional qualities – to serve as a ‘best-practice’ example during the ensuing negotiation of the Global Pact.

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Global Environmental Law

Reflections on Global Law ◽

10.1163/9789004260955_011 ◽

2013 ◽

pp. 90-95

Keyword(s):

Environmental Law ◽

Global Environmental

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UNGA as the Anchor: Global Environmental Conferencing

Our Earth Matters ◽

10.3233/stal210010 ◽

2021 ◽

Author(s):

Nele Matz-Lück ◽

Liv Christiansen

Keyword(s):

Environmental Governance ◽

Environmental Law ◽

Environmental Issues ◽

Institution Building ◽

International Environmental Law ◽

Agenda 2030 ◽

United Nations General ◽

Global Environmental ◽

Rules And Principles ◽

United Nations General Assembly

The global environmental conferences convened by the United Nations General Assembly (UNGA) during the last fifty years have contributed to the development of international environmental law and institution-building. Yet, given the deteriorating state of the global environment they are but one element of international environmental governance. While they were important to bring environmental issues to the attention of states, the time for agenda-setting seems over. Rather the international community must move on to the implementation of existing binding and non-binding rules and principles. While the UNGA continues to play an important role in the context of sustainable development and the Agenda 2030 process and is, indeed a stable platform for international cooperation on environmental issues, it seems that the time for comprehensive global environmental conferences may have come to an end, unless more innovative mechanisms for the implementation of international environmental law and policy are brought forward.

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6. The significance of nation states

Environmental Law: A Very Short Introduction ◽

10.1093/actrade/9780198794189.003.0006 ◽

2017 ◽

pp. 66-80

Author(s):

Elizabeth Fisher

Keyword(s):

Environmental Law ◽

Common Law ◽

Civil Law ◽

Legal Culture ◽

Environmental Problems ◽

Physical Reality ◽

Nation States ◽

Global Environmental ◽

The Difference ◽

Political Communities

Environmental problems transcend the boundaries of nation states. That fact is a reminder of the physical reality of such problems, but—for good or ill—political and legal imagination is the product of political communities that cluster into nation states. ‘The significance of nation states’ looks at how environmental law is shaped by the legal culture of nation states. It also discusses the difference between civil law systems and common law systems. The internal constitutional arrangements of a country are fundamental to how environmental law develops in a particular legal culture. Is a ‘global environmental law’ emerging?

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1. Troubles

Environmental Law: A Very Short Introduction ◽

10.1093/actrade/9780198794189.003.0001 ◽

2017 ◽

pp. 1-5

Author(s):

Elizabeth Fisher

Keyword(s):

Environmental Law ◽

Case Law ◽

Environmental Problems ◽

International Agreements ◽

The Troubles ◽

Global Environmental Problems ◽

Regulatory Strategies ◽

Legal Obligations ◽

Global Environmental ◽

Legal Frameworks

Environmental problems are the troubles of politics, economics, and philosophy. They are often bitter troubles, revealing deep divisions in societies over how life should be lived. These divisions concern global environmental problems and also environmental issues that affect specific communities. ‘Troubles’ explains how environmental law is a necessary response to environmental problems providing legislation, case law, international agreements, and regulatory strategies to address the collective nature of environmental problems. It also ensures that collective action in relation to environmental problems is authoritative and consistent with the rule of law and other principles of legitimate action. Environmental law is built on existing legal frameworks, but often requires the development of new legal obligations and doctrine.

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Part II Analytical Approaches, Ch.10 Economics

10.1093/law/9780198849155.003.0010 ◽

2021 ◽

Author(s):

Faure Michael

Keyword(s):

Environmental Pollution ◽

Public Good ◽

Environmental Quality ◽

Market Failure ◽

Environmental Law ◽

Coase Theorem ◽

Economic Perspective ◽

International Environmental Law ◽

Global Environmental ◽

Environmental Good

This chapter explains that the starting point for the economic approach to both domestic as well as international environmental law is that environmental problems (including but not limited to environmental pollution) constitute a market failure. From this economic perspective transboundary environmental pollution emerges. Moreover, global environmental quality is, from an economic perspective, a so-called public good of which all states will benefit. But since no state can exclude others from benefitting from this global environmental good, there is a danger of ‘free-riding’ as a result of which this global public good (environmental quality) may be insufficiently produced. These starting points provide a basis for the emergence of international environmental law, more particularly treaty law. However, a classic paradigm in what has become known as the law and economics literature is the Coase Theorem. The chapter then addresses the likelihood of Coasean solutions to emerge as a remedy to transboundary environmental pollution. It also looks at reasons for states to conclude treaties.

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