Part III Conceptual Pillars, Ch.20 Equity

2021 ◽  
Author(s):  
Scholtz Werner
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Critical Analysis ◽  
Legal Status ◽  
Environmental Law ◽  
Prima Facie ◽  
Intergenerational Equity ◽  
International Environmental Law ◽  
Progressive Development ◽  
Generational Equity

This chapter critically analyses the notion of equity in international environmental law. It begins by discussing the meaning of equity in international law and briefly reflecting on familiar examples of the manifestation of equity in international environmental law treaties. The prominence of intergenerational and intra-generational equity in international environmental law warrants a subsequent critical analysis of the content, legal status, and relationship between these forms of equity. This discussion indicates that although the two components of equity may prima facie be in conflict, they constitute important complementary aspects of sustainable development. The chapter then calls for the progressive development of aspects of intra-generational and intergenerational equity that may have profound consequences for international environmental law.

scholarly journals Governmentality and Risk: Managing ‘Ocean Space’

2021 ◽  
Author(s):  
◽  
Robert Deuchars
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Human Activity ◽  
Fisheries Management ◽  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
International Theory

<p>The term ‘fisheries management’ at first glance seems to be a reasonably unproblematic one. It implies that firstly, that there are resources called fish, and secondly, that these resources called fish can be harvested and managed. So far, so good. Next, there is the word ‘convention’. It is a commonly understood word in law in general and there are many conventions in International law and in International environmental law as well. Lastly there is the term ‘sustainable development’, a well-used term in International theory and practice, usually said to mean that although we understand the finite nature of the matter and energy that can be safely used by countries to develop, this can be tempered by putting in place measures and instruments to curb the excesses of human, and by that I mean industrialised, human activity on the environment.</p>

Equity

2008 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Generational Equity ◽  
Perceptions Of Fairness ◽  
Sovereign Equality ◽  
Potential Impact

If perceptions of fairness or equity affect the level of participation and positive action among heterogeneous states, then they are likely to factor in the long-term success of an environmental regime or agreement. This article assesses the potential impact of equity on international environmental law. First, it examines the various meanings attributed to the term ‘equity’ in international law in general, and in international environmental law in particular; the roles equity has played in multilateral environmental agreements; and how different equitable principles are, or may be, implemented in practice. The article then discusses intra-generational equity and inter-generational equity, sovereign equality and equity, distributive justice in international law, principles for determining equitable allocation, and different ways of implementing principles of equity (substantive rules of equity, procedural rules).

scholarly journals Sustainable Consumption: Scope and Applicability of Principles of International Law

2018 ◽  
Vol 2 (1) ◽  
pp. 5-27
Author(s):  
Ipshita CHATURVEDI
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Resource Exploitation ◽  
International Environmental Law ◽  
The Sustainable Development ◽  
Responsible Consumption ◽  
Sustainable Consumption And Production ◽  
Development Goals

Abstract The role of sustainable development has been increasingly recognized in international environmental law as a way to reconcile poverty eradication and resource exploitation with environmental protection. By contrast, little attention has been given to the concept of sustainable consumption. When international law mentions sustainable consumption, consumption and production are generally considered together, for instance in Goal 12 of the Sustainable Development Goals, addressing responsible consumption and production, and in UNEP’s 10-year sustainable ‘consumption and production programme.’ While some research on sustainable consumption has been conducted in sociology and anthropology, the focus in international environmental law has remained on production rather than consumption. This article seeks to open up a discussion on how consumption should be viewed and defined legally, and the role that law could play in promoting sustainable consumption.

scholarly journals Governmentality and Risk: Managing ‘Ocean Space’

2021 ◽  
Author(s):  
◽  
Robert Deuchars
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Human Activity ◽  
Fisheries Management ◽  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
International Theory

<p>The term ‘fisheries management’ at first glance seems to be a reasonably unproblematic one. It implies that firstly, that there are resources called fish, and secondly, that these resources called fish can be harvested and managed. So far, so good. Next, there is the word ‘convention’. It is a commonly understood word in law in general and there are many conventions in International law and in International environmental law as well. Lastly there is the term ‘sustainable development’, a well-used term in International theory and practice, usually said to mean that although we understand the finite nature of the matter and energy that can be safely used by countries to develop, this can be tempered by putting in place measures and instruments to curb the excesses of human, and by that I mean industrialised, human activity on the environment.</p>

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.

scholarly journals Convention & National Politics for the Protection of Marine Environment

2018 ◽  
pp. 37-53
Author(s):  
Anonto Shikder
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Environmental Law ◽  
National Politics ◽  
International Environmental Law ◽  
Progressive Development ◽  
Sources Of Pollution ◽  
International Policies ◽  
Main Components ◽  
Economic Domain

International law relevant to the protection and preservation of the marine environment is well-developed. An appendix to this paper provides summary information on its main components. The basic rules on States' rights and obligations have been established and are generally accepted, and special regimes specific to certain sources of pollution, with the notable exception of land-based sources—the main source of marine degradation—have been operational for some time. Some future developments will be specific to the marine environment, where the UN Convention on the Law of the Sea provides the necessary framework; others reside with the progressive development of international environmental law generally; yet others will depend on a reorientation of international policies, particularly in the economic domain.

scholarly journals CONCEPT OF SUSTAINABLE DEVELOPMENT: A LEGAL PERSPECTIVE

2020 ◽  
Vol 9 (8) ◽  
pp. 59-64
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
International Environmental Law ◽  
Guiding Principle ◽  
Generational Equity ◽  
Legal Perspective

The concept of Sustainable Development is today becoming the guiding principle in the entire environment versus development debates and is generally seen as solution to this stalemate situation. The concept of sustainable development is structured on two forms of equity i.e. Inter-generational equity and intra-generational equity. This concept of Inter-generational equity initially evolved in the International Environmental law, in its mode of rule and management, today find a place in our Environmental law and its interpretation and decisions as well. This paper is an attempt to analyze the understanding and attitude of the Indian Courts towards this valuable principle.

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

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