Hard Law, Soft Law, Emerging International Environmental Law and the Ocean Disposal Options for Radioactive Waste

1993 ◽  
Vol 40 (03) ◽  
pp. 405
Author(s):  
Ellen Hey
Keyword(s):  
Radioactive Waste ◽  
Environmental Law ◽  
Soft Law ◽  
International Environmental Law ◽  
Hard Law ◽  
Disposal Options ◽  
Ocean Disposal

scholarly journals PENGENDALIAN PENCEMARAN UDARA LINTAS BATAS DALAM PERSPEKTIF PERJANJIAN INTERNASIONAL

Yuridika ◽  
2012 ◽  
Vol 27 (1) ◽  
Author(s):  
Suparto Wijoyo
Keyword(s):  
Air Pollution ◽  
Environmental Law ◽  
Soft Law ◽  
International Treaties ◽  
Global Community ◽  
International Environmental Law ◽  
Transboundary Air Pollution ◽  
Hard Law ◽  
Legal Document ◽  
Strong Commitment

International treaties in the field of protection of atmosphere and trans-boundary air pollution that qualified as ‘soft law’ and ‘hard law’ legal document has developed since 1919 until at present. From the Study on the International treaties, it can be known that the global community has strong commitment to the problem of protection of atmosphere and trans-boundary air pollution. Unfortunately, it can be concluded, that those international treaties is so fragmented and therefore, is difficult to be implemented comparing with instrument of international environmental law in general.Keyword: international treaties, protection of atmosphere, transboundary air pollution

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

Formality and Informality

2008 ◽  
Author(s):  
Stephen J. Toope
Keyword(s):  
International Law ◽  
Common Core ◽  
Environmental Law ◽  
Soft Law ◽  
International Environmental Law ◽  
Central Focus ◽  
Law And Politics ◽  
The Common ◽  
Contested Terrain ◽  
No Man's Land

This article explores contested terrain in the no-man's land between international law and politics – the work of ‘norms’ in social, including legal, change. International environmental law has served as the crucible for much of the theoretical debate, and a central focus of this debate has been on the effectiveness of various types of formal norms and informal norms. The common core of the concept of ‘norm’ is that the desideratum contained in the norm is intended to influence human behaviour. Since norms operate in many different ways, they relate to the concepts of formality and informality differentially as well. Norms can be formal rules of law, but they can also be informal social guides to proper conduct. More surprisingly, they can be informal and precise as well as informal and vague; formal and precise as well as formal and vague. This article concludes by tying together the theoretical insights traced out earlier in the light of ‘soft law’ discourse in international environmental law.

Part III Regimes and Doctrines, Ch.39 Theorizing International Environmental Law

2016 ◽  
Author(s):  
Humphreys Stephen ◽  
Otomo Yoriko
Keyword(s):  
Climate Change ◽  
Environmental Law ◽  
Soft Law ◽  
Species Extinction ◽  
International Environmental Law ◽  
Theoretical Perspectives

This chapter opens up some new theoretical perspectives on environmental law, which has surprisingly been subjected to little theoretical speculation. International environmental law is generally characterized as quintessential ‘soft law’: general principles and aspirational treaties with weak or exhortatory compliance mechanisms, often dependent on other disciplines altogether—science and economics—for direction and legitimacy. At the same time, the problems it is called upon to deal with are immense, frequently catastrophic, and global in nature: climate change, species extinction, increasing desert, disappearing rainforest. To rectify this, the chapter delves into a question of terminology—why ‘international environmental law’?—before exploring its Romantic and colonial origins and concluding with how international environmental law’s origins in the confluence of the Romantic and the colonial explains the apparent mismatch between its ambitious stated objectives and its muted regulatory provisions—and how this tension continues to inform its functioning today.

Public Participation in Global Environmental Governance and the Equator Principles: Potential and Pitfalls

2012 ◽  
Vol 13 (12) ◽  
pp. 1386-1411 ◽  
Author(s):  
Kirsten Mikadze
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Global Environment ◽  
Global Environmental Governance ◽  
International Environmental Law ◽  
Hard Law ◽  
Global Environmental ◽  
Equator Principles ◽  
Global Environmental Issues

Despite the increasing urgency of global environmental issues, international environmental law continues to struggle for relevancy and effectiveness. Even as legal efforts have intensified, the global environment has continued to deteriorate. In particular, state-centric, multilateral “hard law” instruments have proven an increasingly ineffectual means of regulating the global environment.

19. The protection of the environment

2019 ◽  
pp. 494-524
Author(s):  
Gleider Hernández
Keyword(s):  
Environmental Law ◽  
Significant Proportion ◽  
Case Law ◽  
Soft Law ◽  
Due Diligence ◽  
Dense Network ◽  
International Environmental Law ◽  
Customary International Law ◽  
Significant Damage ◽  
Conservation Of Endangered Species

This chapter studies the development of international environmental law. A significant proportion of international environmental law obligations is contained in treaties, which often provide for institutional mechanisms or procedural obligations for their implementation. There exists a dense network of treaty obligations relating to environmental protection, and to specific sectors such as climate change, the conservation of endangered species, or the handling of toxic materials. Indeed, though customary international law knows of no general legal obligation to protect and preserve the environment, certain customary rules nevertheless have been found in specific treaties, case law, and occasionally even soft law instruments. The most significant such rule is the principles of prevention, often taking the form of the ‘good neighbour’ principle. States are required to exercise due diligence in preventing their territory from being used in such a way so as to cause significant damage to the environment of another state.

CSR and Environmental Law

2019 ◽  
pp. 260-282
Author(s):  
Benedict Sheehy
Keyword(s):  
Environmental Law ◽  
Soft Law ◽  
Regulatory Regime ◽  
Corporate Environmentalism ◽  
Environmental Liabilities ◽  
Substantive Content ◽  
Hard Law ◽  
International Private Law ◽  
Regulatory Approach ◽  
The Relationship

A relationship between CSR and environmental law is intuitive; however, the nature, substantive content, and boundaries of the relationship remain unclear. This chapter explicates the relationship by examining the elements and ideas that shape it. It first considers the scope of CSR as a type of international private law, arguing that CSR does encompass environmental liabilities. It next reviews the earlier corporate environmentalism movement and its impact on CSR and environmental regulation. The chapter moves to consider the nature and scope of environmental law as primarily a domestic regulatory regime and what that entails as hard law. This approach is then contrasted with CSR’s international soft law focus and corollary regulatory approach of standards and reporting. After a discussion of the three main environmental principles—polluter-pays, prevention, and precaution—the chapter evaluates the relationship and its trajectory.

scholarly journals The Trees Speak for Themselves: Nature’s Rights Under International Law

2021 ◽  
pp. 633
Author(s):  
Samantha Franks
Keyword(s):  
United Nations ◽  
International Law ◽  
Environmental Law ◽  
Universal Declaration ◽  
Soft Law ◽  
International Environmental Law ◽  
Current State ◽  
The Creation ◽  
The United Nations

This note argues that the United Nations should center nature’s rights in the upcoming Global Pact on the Environment, solidifying the patchwork of international environmental law and encouraging domestic protection of the environment. Part II explores the current state of international environmental law, outlining the ways in which the doctrine remains incomplete. Part III establishes that Earth jurisprudence is an effective method to fill the gaps existing within traditional international environmental law. Part IV emphasizes the importance of soft law in international law. It draws a parallel between the creation of the Universal Declaration of Human’s Rights and a potential global Declaration of Nature’s Rights, thus establishing the possibility for a path forward for the Global Pact. Part V concludes.

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