Part V Subject Matter, Ch.32 Wildlife

2021 ◽  
Author(s):  
Wiersema Annecoos
Keyword(s):  
Subject Matter ◽  
Wildlife Conservation ◽  
Environmental Law ◽  
International Regimes ◽  
Individual Species ◽  
International Environmental Law ◽  
Member States ◽  
Habitat Protection ◽  
International Activities

This chapter details the themes and principles that shape international wildlife law. International wildlife law shares attributes with other fields of international environmental law, but also has certain particular attributes. In particular, the degree to which treaties affecting wildlife conservation impose strict or flexible obligations on their member states is often a product of a variety of factors, for example: how specific the scope of the treaty is, whether the treaty primarily focuses on individual species or on ecosystem and habitat protection, and whether the treaty targets primarily domestic or primarily international activities or species. The chapter then discusses certain international regimes that focus on particular species, before considering examples of ecosystem-based regimes and regimes with a more regional focus. It also looks at the most significant issues facing global wildlife conservation.

The PCA Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment

2001 ◽  
Vol 14 (4) ◽  
pp. 887-896 ◽  
Author(s):  
Dane P. Ratliff
Keyword(s):  
Natural Resources ◽  
Environmental Law ◽  
Access To Justice ◽  
International Environmental Law ◽  
Member States ◽  
Environmental Improvement

The Permanent Court of Arbitration adopted Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment on 19 June 2001. These Rules seek to address fundamental lacunae as identified by a panel of environmental law experts and the member states of the Permanent Court of Arbitration. This article discusses some innovative provisions of the Environmental Rules and concludes that arbitration under the Environmental Rules could have some advantages over adjudication, and that the Environmental Rules can increase access to justice functioning as a tool for interpretation of existing agreements; possibly mending some of the fragmentation of international (environmental) law. The article also offers an examination of present systems and scenarios for how the Environmental Rules may lead to direct environmental improvement.

Trees

2018 ◽  
pp. 504-514
Author(s):  
Leslie-Anne Duvic-Paoli
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Regimes ◽  
Regulatory Regime ◽  
Natural Object ◽  
International Environmental Law ◽  
The Core ◽  
Per Se ◽  
Over Exploitation

This chapter uses the example of the tree as a ‘natural object’ to reflect on how the categories of object and subject of international law are ill-suited to protect living entities. The image of authority that the tree projects in peoples’ imaginations has not translated into an international regulatory regime protecting the tree from over-exploitation, or, in other words, from becoming a lifeless object. Fragmented and disconnected international regimes regulate certain aspects of the tree but fail to capture the tree’s complexity in full. International environmental law often loses sight of the tree per se and focuses on derivative objects which represent a smaller part of the tree (such as timber) or a bigger ensemble (such as a forest). Overall, the chapter reveals how the natural object, by falling between the categories of object and subject, challenges the core constructs of international law, and in particular its theory of subjects.

PROTECTION OF PRIMITIVE TRIBES IN INTERNATIONAL ENVIRONMENTAL LAW OF THE EARLY XX CENTURY

2021 ◽  
Vol 10 (2) ◽  
pp. 173-179
Author(s):  
D.V. ARONOV ◽  
◽  
I.R. LEVINA ◽  
I.M. SMIRNOV ◽  
◽  
...  
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Subject Matter ◽  
Environmental Law ◽  
Legal Protection ◽  
Political Systems ◽  
Way Of Life ◽  
International Environmental Law ◽  
Legal Subject ◽  
Catholic Religion

The goal of this article is to analyze primitive tribes as a legal subject or subject-matter of the international environmental law of the early twentieth century. The article presents the analysis of the object and subjects formation of the international environmental law legal protection on the example of Berne Conference of Experts in 1913. The issue of preserving the habitat and the lifestyle of national-ities leading a primitive way of life is considered. Nowa-days, the primacy of human rights and freedoms as the system-forming center of modern political systems and regimes is not seriously disputed by anyone. The slightest attempts to talk about the prevalence of other values (state, religious) are perceived as an attempt at sacrilege during the period of the Catholic religion dogmas dominance in Europe.

Part II Analytical Approaches, Ch.13 Ethical Considerations

2021 ◽  
Author(s):  
Gillespie Alexander
Keyword(s):  
Large Range ◽  
Environmental Law ◽  
First Century ◽  
International Regimes ◽  
Ethical Considerations ◽  
International Environmental Law ◽  
High Profile ◽  
The Core ◽  
Twenty First Century ◽  
Analytical Approaches

This chapter focuses on the dominant philosophical values currently operating within international environmental law. Collectively, international environmental law operates in a maze of anthropocentric and non-anthropocentric values. Often these values overlap both within and between regimes, and conflicts are relatively rare. Although anthropocentric values are more common than non-anthropocentric ones, there is no one dominant philosophical value that towers above others in international environmental law. Non-anthropocentric values are also becoming particularly noticeable across a large range of topics. However, what is obvious in international environmental law is that the debates about the philosophical value of the environment are not novel. In the space of twenty years, debates which were once the exclusive province of philosophy journals have moved to the core of many of the most high-profile international regimes which are seeking to resolve some of the most pressing difficulties of the twenty-first century.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

scholarly journals The Normative Nature of the Ecosystem Approach: A Mediterranean Case Study

2020 ◽  
pp. 1-25
Author(s):  
Guillaume Futhazar
Keyword(s):  
General Principle ◽  
Environmental Governance ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
International Regimes ◽  
International Environmental Law ◽  
The Mediterranean ◽  
Barcelona Convention ◽  
Do So

Abstract The purpose of this article is to explore the normative nature of the Ecosystem Approach in international environmental law. To do so, the article examines the implementation of this approach in two Mediterranean regimes: the Barcelona Convention and the General Fisheries Commission for the Mediterranean. As these two regimes have implemented the Ecosystem Approach by taking into account the experiences of other international regimes, they are representative of broader trends in relation to this concept. The examination reveals that the Ecosystem Approach operates as an interstitial principle: a norm that fulfils the functions of a principle with regard to other rules, but is devoid of normative autonomy. This understanding of the Ecosystem Approach brings clarity to a concept that is ambiguous yet is widely disseminated in environmental governance. It may also further the progressive emergence of the Ecosystem Approach as a general principle of international environmental law.

International Environmental Law

2018 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales
Keyword(s):  
Environmental Law ◽  
International Environmental Law
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