scholarly journals EISIL: A Gateway To International Environmental Law On The Web

2005 ◽  
Vol 33 (2) ◽  
pp. 267-273
Author(s):  
Jill Watson
Keyword(s):  
International Law ◽  
World Wide ◽  
Environmental Law ◽  
Electronic Information ◽  
International Environmental Law ◽  
The World ◽  
History Of ◽  
American Society ◽  
Improve Access ◽  
Electronic Information System

Let me start with a very Brief History of Electronic Information System for International Law (EISIL). More than five years ago, the American Society of International Law (ASIL) began exploring how to bring its expertise and resources to bear on efforts to sort out and improve access to international law information on the World Wide Web. ASIL received funding from the Andrew W. Mellon Foundation in 2000 to build an international law information gateway and began the process of assessing how this might be accomplished.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

New Ways to Make International Environmental Law

1992 ◽  
Vol 86 (2) ◽  
pp. 259-283 ◽  
Author(s):  
Geoffrey Palmer
Keyword(s):  
United Nations ◽  
International Law ◽  
Environmental Degradation ◽  
Environmental Law ◽  
International Environmental Law ◽  
Political Will ◽  
Environmental Challenges ◽  
The World ◽  
Environment And Development

The purpose of this article is to suggest new ways to make international law for the environment. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Nearly twenty years after the Stockholm Declaration, we still lack the institutional and legal mechanisms to deal effectively with transboundary and biospheric environmental degradation. The 1992 United Nations Conference on Environment and Development presents an opportunity to make progress. Unfortunately, my reading of the situation in late 1991 suggests that there is no political will to take decisions that will give us the tools to do the job.

scholarly journals Clearing the Air: An Examination of International Law on the Protection of the Ozone Layer

1969 ◽  
pp. 818
Author(s):  
Timothy C. Faries
Keyword(s):  
Air Pollution ◽  
International Law ◽  
Ozone Depletion ◽  
Environmental Law ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
State Responsibility ◽  
Ozone Layer Depletion ◽  
International Environmental Law ◽  
History Of

The author, after examining the existing international law on ozone layer protection, explains the current scientific knowledge about the causes and effects of ozone layer depletion. The author then embarks on a discussion of the sources of international environmental law on ozone depletion, and draws analogies to the broader area of international law dealing with state responsibility for transnational air pollution emanating from within its territory. Mr. Fades then proceeds to provide a brief history of the events leading up to the signing of the Montreal Protocol, followed by an analysis of the subtleties of the Protocol, and suggestions for reform.

scholarly journals TRANSBOUNDARY ENVIRONMENTAL POLLUTION: UNDERSTANDING THE INTRICACIES OF INTERNATIONAL LAW

2011 ◽  
Author(s):  
Kshitij Bansal
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Academic Discipline ◽  
Scientific Information ◽  
Environmental Issues ◽  
International Environmental Law ◽  
International Agencies ◽  
The World ◽  
International Environmental Problems ◽  
Legal Controls

Faced with the enormity and urgency of international environmental problems the world has experienced a political awakening. Although environmental issues are not new for international relations, world leaders have increasingly brought environmental issues from the sidelines to the centre of their negotiation agendas. International conferences and treaties regarding global warming and ozone depletion are but few signs that the world has entered a new age of environmental diplomacy in which environmental issues will share centre-stage with more traditional economic and military concerns. In response to this concern governments, legislatures, and the courts have produced a labyrinth of draft bills, amendments to existing legislation, regulations, drafts of international treaties, and judicial decisions, all creating legal controls of pollution. In order to ascertain scientific information and technological data royal commissions, presidential enquiries, governmental departments, and international agencies have undertaken extensive research programs. Paralleling these developments, international environmental law has started to become a new and an emerging academic discipline. A growing number of commentators, diplomats, and practitioners are concentrating on transboundary and global environmental issues. There has also been a significant increase in the number of law schools all over the world that have started focussing towards this subject. The regime of international environmental law is mainly composed of treaties, customs; general principles of international law and opinio juris. In an attempt to use customary international law to protect the environment, commentators have spent the last two decades in elaborating the rules of state responsibility and liability specifically to address the issues related to transboundary pollution. States have begun to build on this liability regime towards the development of international agreements designed to prevent harmful environmental activity.

Part II Analytical Approaches, Ch.11 Global South Approaches

2021 ◽  
Author(s):  
Atapattu Sumudu
Keyword(s):  
International Law ◽  
Economic Model ◽  
Environmental Law ◽  
Global South ◽  
Tipping Points ◽  
International Environmental Law ◽  
Vulnerable Communities ◽  
The North ◽  
The World ◽  
Analytical Approaches

This chapter details the global South approaches to international environmental law. It first discusses the colonial origins of international law before tracing the evolution of international environmental law and the North-South divide. The chapter then looks at global South perspectives on international environmental law, including principles and frameworks adopted to address the North-South divide. It considers the potential and limits of these perspectives. Ultimately, the chapter argues that unless and until the neoliberal economic model based on capitalism is discarded in favour of a more ecologically friendly model that accommodates the needs of the global South, especially their vulnerable communities, not only will current North-South tensions be exacerbated, the world will also speedily move towards environmental tipping points from which there is no hope of return.

International Environmental Law

2021 ◽  
Author(s):  
Donald K. Anton
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Complex Relationship ◽  
International Environmental Law ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

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.

The Intellectual History of International Law as a Research Field—“Lauterpacht and Beyond: Jewish/German Authorship and the History of International Law”

2012 ◽  
Vol 13 (6) ◽  
pp. 793-805
Author(s):  
Felix Lange
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Environmental Law ◽  
Research Field ◽  
International Environmental Law ◽  
Trade Law ◽  
International Trade Law ◽  
History Of ◽  
History Of International Law ◽  
The Cold War

Publications on the history of international law written during the Cold War can almost be counted on one hand. A pragmatically-oriented generation studied practical areas like UN Charter law, international trade law, or international environmental law, while the theory and history of international law played only a secondary role. An intellectual history of international law, asking which ideas and concepts inspired and formed international law writing, hardly received any attention.

eisil: a gateway to international legal information on the internet

2005 ◽  
Vol 5 (3) ◽  
pp. 167-171
Author(s):  
amy b. osborne
Keyword(s):  
International Law ◽  
Comparative Law ◽  
Electronic Information ◽  
University Of Kentucky ◽  
Legal Information ◽  
College Of Law ◽  
Kentucky College ◽  
American Society ◽  
Law Library ◽  
Electronic Information System

paper given by amy b. osborne, foreign and comparative law specialist at university of kentucky college of law library at the biall pre-conference seminar on treaties and international law, harrogate, june 9, 2005. eisil, the electronic information system for international law was fully launched in september 2004. a project of the american society of international law, eisil is designed to assist researchers both experienced and novice, who are looking for information within the realm of international law.

Legitimacy

2008 ◽  
Author(s):  
Daniel Bodansky
Keyword(s):  
International Law ◽  
Political Theory ◽  
Environmental Law ◽  
World Trade Organisation ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Precise Meaning ◽  
Environmental Institutions ◽  
The World ◽  
Commercial Whaling

Compared to ‘illegitimacy’, ‘legitimacy’ has a more precise meaning in political theory and sociology, focusing on the justification and acceptance of political authority – the authority of the International Whaling Commission to ban commercial whaling, for example, or of the World Trade Organisation to review measures adopted pursuant to environmental agreements. A legitimate institution is one that has a right to govern – for example, based on tradition, expertise, legality, or public accountability – rather than one relying on the mere exercise of power. In recent years, legitimacy has begun to emerge as an issue not only in international law generally but also in international environmental law more specifically. This article deals with the issue of legitimacy. It first looks at the concept of legitimacy and then presents a typology of legitimacy theories, why legitimacy is a growing issue in international environmental law, and alternative bases of legitimacy, focusing on democracy, participation and transparency, and expertise and effectiveness. The article concludes by considering how to develop trust in international environmental institutions.

JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA

2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER
Keyword(s):  
International Law ◽  
War Crimes ◽  
Genocide Convention ◽  
Entire Life ◽  
War Crimes Trials ◽  
Criminal Charge ◽  
Short Biography ◽  
The World ◽  
Real Change ◽  
History Of

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.

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