Global environmental law and global institutions: a system lacking “good process”

Climate change, tropical deforestation, biodiversity loss, ozone depletion, hazardous wastes, and ocean pollution are among the environmental issues that have bought national governments together in a common purpose. As they have worked to mitigate these global problems, national governments have developed a wide variety of environmental regime designs. They have created complex systems of global rules and institutions to enable and incentivize private and public actors to meet the challenges posed by global pollution. Why have national governments created different international rules and institutions to address global environmental issues? This book demonstrates that national governments have developed different institutional responses to global issues because the markets producing environmental pollution impose varying constraints and create varying opportunities for change. The nature and scale of those constraints and opportunities depend on the capital resources and industrial concentrations of producers and the demand characteristics of consumers in the markets that governments seek to regulate. Global institutions are designed to match the basic elements of the markets producing global environmental pollution. In global governance, not only are oligopolistic businesses politically influential in shaping policy outcomes, but they are also efficient implementers of environmental regulation. They face a double-edged sword arising from their wealth and market concentrations. Although they are able to shape regulatory policy, these powerful businesses are targeted for stringent global regulation. The sources of their political influence make them the best options for mitigating global pollution.

A Global Environmental Constitution for the Anthropocene?

Transnational Environmental Law ◽

10.1017/s2047102518000274 ◽

2018 ◽

Vol 8 (1) ◽

pp. 11-33 ◽

Cited By ~ 10

Author(s):

Louis Kotzé

Keyword(s):

United Nations ◽

Best Practice ◽

Environmental Law ◽

Regulatory Reform ◽

Ecological Crisis ◽

General Assembly ◽

International Environmental Law ◽

Global Environmental ◽

The World ◽

Un General Assembly

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.

Global Environmental Law

Reflections on Global Law ◽

10.1163/9789004260955_011 ◽

2013 ◽

pp. 90-95

Keyword(s):

Environmental Law ◽

Global Environmental

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.

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?

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.

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.

Advancing the Research Agenda on Global Environmental Law

Transnational Environmental Law ◽

10.1017/s2047102519000359 ◽

2019 ◽

Vol 8 (3) ◽

pp. 399-403 ◽

Cited By ~ 2

Author(s):

Elisa Morgera

Keyword(s):

Research Agenda ◽

Environmental Law ◽

Global Environmental

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

Globalization ◽

10.1007/978-3-662-49502-5_17 ◽

2017 ◽

pp. 397-430

Author(s):

Ellen Margrethe Basse

Keyword(s):

Environmental Law ◽

Global Environmental