Part VI Actors, Ch.38 Non-State Actors

2021 ◽  
Author(s):  
Angstadt J Michael ◽  
Betsill Michele
Keyword(s):  
Environmental Law ◽  
International Environmental Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
State Actor ◽  
State Actors ◽  
Definition Of ◽  
Institutional Actors ◽  
Rule Making ◽  
International Rule

This chapter describes non-state actors (NSAs), which encompass a range of entities that collectively extend international environmental law beyond traditional state authority in numerous regimes. Characterized by considerable breadth and diversity, NSAs exist within the traditional, state-centric treaty architecture while simultaneously contesting its structure. Because diverse institutional actors can satisfy the definition of ‘non-state actor’, the chapter analyses a subset of NSAs: non-governmental organizations (NGOs). It first defines NGOs, identifying some common characteristics that influence their ability to advance international environmental law, and noting fundamental criteria used to distinguish among NGOs. The chapter then discusses three key functions that NGOs perform in contemporary international environmental law: serving as activists engaged in agenda-setting functions; performing diplomacy to shape and facilitate international rule-making processes; and contributing to rule-making, implementation, and enforcement in contemporary global governance. It concludes by forecasting strong continued NGO participation in developing non-treaty international environmental law.

Non-Governmental Organizations and Civil Society

2008 ◽  
Author(s):  
Peter Spiro
Keyword(s):  
Civil Society ◽  
International Law ◽  
Environmental Law ◽  
World Politics ◽  
International Environmental Law ◽  
International Regulation ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Non Governmental Organizations ◽  
Law Making

Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For political leaders and scholars alike, NGOs' place and legitimacy as independent global actors remains contested. International environmental law making has presented a useful vehicle for the study of NGOs and civil society in this new global context. Along with human rights, international environmental law stands at the forefront of international law making. A relatively new area of intensive international regulation, its institutional features are thus only now being mapped out, and can reflect the evolving role of NGOs in a way that more entrenched regimes cannot. This article examines major theoretical approaches to NGO participation in international law, both generally and with specific application to international environmental law. It also considers their place in liberal theory, focusing on NGOs as stakeholders acting through international institutions and as freelancers acting through the marketplace.

scholarly journals The Development of International Environmental Law at the Present Stage: The Review of Activities, International Treaties and Case Law

Lex Russica ◽  
2021 ◽  
pp. 79-87
Author(s):  
M. R. Salia
Keyword(s):  
Environmental Law ◽  
Periodic Review ◽  
International Treaties ◽  
International Environmental Law ◽  
New Era ◽  
Healthy Environment ◽  
Governmental Organizations ◽  
Environmental Disputes ◽  
Non Governmental Organizations ◽  
Nationally Determined Contributions

The international community is experiencing the beginning of a new era in the development of international environmental law, where the rights to healthy environment are protected not only by international intergovernmental and non-governmental organizations, States, but also by young activists around the world. Since 2020, States have committed themselves to implementing nationally determined contributions made in accordance with the 2015 Paris Agreement. (The Russian Federation is one of the Parties to this Agreement). The Fifth Montevideo Programme for the Development and Periodic Review of Environmental Law implemented under the auspices of UNEP was also launched in 2020. Thus, the UN is trying to intensify the process of improving and implementing international rules of law of international environmental law into the national legislation of Member States. The review of international and national practices on environmental disputes indicates a trend towards an increase in this type of disputes, which in turn shows an increase in the level of legal culture and legal consciousness of citizens. These are people who are not indifferent to their future and the future of the next generations, to a healthy environment and to a prosperous life on the Earth. It is important to understand that, in accordance with the principles of international environmental law, such as “the environment is the common concern of mankind” and “the relationship between the protection of the environment and peace , development, human rights and fundamental freedoms”, the responsibility for pollution (in broader understanding) is borne by each of us: citizens, companies, States, international organizations, and everyone should be interested in achieving the goal of protecting it.

Part VI Actors, Ch.36 International Institutions

2021 ◽  
Author(s):  
Hey Ellen
Keyword(s):  
Financial Institutions ◽  
International Institutions ◽  
Environmental Law ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Normative Development ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Rules And Standards

This chapter maps the different roles of international institutions involved in the development of international environmental law by considering the initiating roles that some institutions play, the institutional structure of multilateral environmental agreements (MEAs), and the roles of scientific and financial institutions. It charts how MEAs link to each other substantively by focusing on the relationships between global and regional MEAs and the synergies and contestations between global MEAs. These mapping processes result in the identification of patterns that illustrate the different roles and types of links that exist between international institutions. International institutions, together with non-governmental organizations (NGOs), engage in two types of activities in developing international environmental law. First, they engage in normative development. That is the development of rules and standards that are to regulate human activity. Second, they engage in implementing these rules and standards.

From 'International' to 'Transnational' Environmental Law? A Legal Assessment of the Contribution of the 'Equator Principles' to International Environmental Law

2010 ◽  
Vol 79 (1) ◽  
pp. 35-74 ◽  
Author(s):  
David Ong
Keyword(s):  
Legal System ◽  
Environmental Law ◽  
International Environmental Law ◽  
Legal Assessment ◽  
Alternative Means ◽  
Equator Principles ◽  
State Actor ◽  
International Legal System ◽  
State Actors

AbstractThis article assesses the contribution of a 'transnational', non-State actor agreement, namely, the 'Equator Principles', in terms of its possible contribution to both the making and implementation of international environmental law. It examines the provenance of the 'Equator Principles', as well as how far these Principles purport to interpret and apply important international environmental principles. While several formal difficulties remain to be overcome, this article considers the case for the inclusion of significant transnational, non-State actors like the Equator Banks and their agreements, such as the 'Equator Principles', within the international legal system as a further and alternative means of implementing these important environmental principles.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

Non-State Actors and the Implementation of the World Heritage Convention in Asia: Achievements, Problems, and Prospects

2018 ◽  
Vol 8 (2) ◽  
pp. 461-489 ◽  
Author(s):  
Alessandro CHECHI
Keyword(s):  
World Heritage ◽  
Private Companies ◽  
Public And Private ◽  
World Heritage Convention ◽  
Private Interests ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Outstanding Universal Value ◽  
State Actors ◽  
The One

AbstractThe philosophy underlying the UNESCO World Heritage Convention of 1972 [WHC] consists in promoting a system of international co-operation in the context of which the States Parties commit to preserving the cultural treasures of “outstanding universal value” located within their territories. However, it is a fact that today many properties inscribed on the List set under the WHC are endangered. This paper will focus on the role played by “non-state actors” in the enforcement of the WHC. It will thus dwell upon the relationships between public and private interests, on the one hand, and between international and domestic legal orders, on the other. Its purpose is to map out and discuss the most salient problems about the involvement of non-state actors—particularly non-governmental organizations [NGOs] and private companies—in the monitoring and implementation of the WHC.

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