International Environmental Law and the Work of the International Law Commission

1983 ◽  
Vol 77 ◽  
pp. 414-418 ◽  
Author(s):  
Stephen C. McCaffrey
2021 ◽  
Author(s):  
Peter H. Sand

‘Climate change law’ is considered by a number of legal scholars as an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one; or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over considerable academic scepticism at the time. Not un-similarly, the ongoing new project of the UN International Law Commission (ILC) for the drafting of guidelines on “protection of the atmosphere” has met with resistance from a few powerful States claiming that there is no need for further codification of international law in this field. Yet, considering our common interest in conserving the quality of the Earth’s atmosphere and climate, the ILC project may indeed encourage further development of a concept of inter-generational “planetary trusteeship”, owed by States as public trustees to present and future citizens as the beneficiaries.


2021 ◽  
Author(s):  
Donald K. Anton

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.


2020 ◽  
Vol 11 (1) ◽  
pp. 148-162
Author(s):  
Tara Smith

At its seventy-first session in 2019, the International Law Commission (ilc) provisionally adopted twenty-eight draft principles related to the protection of the environment before, during and after armed conflict. This article argues that the ilc ought to consider proposing a framework convention as the final outcome of this project, as this could result in better protection of the environment than draft principles. Framework conventions have featured in international environmental law but they have not yet been used to progressively develop the law of armed conflict. This article argues that the hybrid legal nature of protecting the environment during the conduct of hostilities ought to incorporate solutions from relevant fields of international law. To that end, there are many merits to proposing a framework convention approach in the final outcome of the ilc’s programme of work on this issue.


2011 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Robert P. BARNIDGE

This article examines the 2008 Agreement for Co-operation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy [“123 Agreement”] within the context of the International Law Commission's (ILC) work on international liability for injurious consequences arising out of acts not prohibited by international law. Attention is paid to three issues in particular, namely how international environmental law has developed to interact with vaguely worded environmental protection provisions, such as those in the 123 Agreement, and the role of experts in this regard, the issue of civil nuclear liability, and the question of what international law might require for environmental impact assessments under the 123 Agreement to pass muster.


2021 ◽  
pp. 1-7
Author(s):  
Peter H. Sand

‘Climate change law’ is an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over protracted resistance by prominent scholars insisting that ‘the cold-eyed application of legal analysis may be just as fruitful as the invention of a new vehicle such as “international environmental law”’. The episode touches on the core of international climate law and its future evolution. Expressly based on recognition of the intergenerational interest in conserving the quality of the Earth’s atmosphere, the International Law Commission (ILC) project may indeed encourage further legal development of a concept of planetary trusteeship, owed by States as public trustees to present and future citizens as the beneficiaries.


2022 ◽  

There has been a continuous presence and contribution of Greek jurists in the discipline of international law ever since the interwar years. Undoubtedly, Nicholas Politis and Stylianos Seferiades were the most prominent Greek international lawyers of the interwar period; the former a government lawyer and diplomat with substantial contribution in almost every aspect of the development of international law both in and out of the institutional context of the League of Nations and the latter an academic who held the first Chair of Public International Law at the Faculty of Law of the National and Kapodistrian University of Athens. They were followed in the 1950s to 1970s by Jean Spyropoulos, professor of international law (Thessaloniki and Athens, member of the International Law Commission, and International Court of Justice (ICJ) judge; Konstantin Eustathiades, professor of international law (Thessaloniki and Athens), member of the International Law Commission, and member of the European Commission of Human Rights; and George Tenekides, professor of international law at the Panteion School of Political Science, member of the European Commission of Human Rights, and member of the UN Committee on the Elimination of Racial Discrimination. Following the restoration of democracy in 1974 a new cohort of international lawyers has dominated the discipline of international law to the present day: Argyrios Fatouros, Christos Rozakis, Konstantin Economides, Emmanuel Roukounas, and Krateros Ioannou. They have each in their own capacity inspired a large number of their students to specialize in international law, a lot of which succeeded them as faculty teaching this subject, and have pursued and are still pursuing distinguished careers in international law both in Greece and abroad. Most of the Greek international lawyers are prolific authors of books and articles and even though the tendency among a growing number of them is to publish their research in English or French an equally large number publish in Greek. They tend to publish textbooks and monographs. As far as the latter are concerned, they cover areas of the law of particular interest for Greece, such as the law of the sea, international environmental law, and human rights law as well as classical subjects, such as the settlement of disputes, international institutions, and the law of armed conflict.


Author(s):  
A. Kukushkina

The paper raises the problems of developing international environmental law in its military aspects. The author maintains that current norms are insufficient for protection of existing natural resources which support the living of humanity. The efforts being made in this direction by the International Law Commission of the UN General Assembly are analyzed in some details. The author concludes that a special agreement might be currently elaborated in in order to protect the environment in wartime. This agreement should be formulated in such a way that it could be admitted in a short time by as many military developed powers as possible. A proposal concerning elaboration of the Fifth Geneva Convention on protection of the environment in wartime also seems realistic.


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