Part IX International Environmental Law in National/Regional Courts, Ch.67 South America

Environmental Law ◽

National Level ◽

Environmental Damage ◽

Multilateral Environmental Agreements ◽

National Courts ◽

Limited Scale

This chapter explores international environmental law in the courts of South America. Courts in South America have applied international environmental law on a limited scale. Multilateral environmental agreements (MEAs) are usually cited in higher courts to reinforce environmental principles or general norms already been incorporated in national law. Whenever applicable, national law is preferred, reducing reliance on international law. Treaties are more likely to be used as an additional argument to advance theories with lower acceptance at the national level. For example, MEAs are often cited when decisions apply the precautionary principle and favour environmental protection in the absence of scientific certainty about environmental damage. More recently, international law has also been cited in pushing forward innovative theories without national legal support, such as the rights of nature. The recent decisions in Colombia have shifted the paradigm, as these directly use international law to justify environmental protection on a broader level. In light of the growth of climate cases filed in national courts, it is likely that international law is directly applied in other national courts as well, as has happened in Colombia.

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

International Review of the Red Cross ◽

10.1017/s1816383110000597 ◽

2010 ◽

Vol 92 (879) ◽

pp. 569-592 ◽

Cited By ~ 11

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 ◽

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.

GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.3.2.2014.127-136 ◽

2014 ◽

Vol 3 (2) ◽

pp. 127

Author(s):

Lucas Prabowo

Keyword(s):

Environmental Law ◽

Future Generations ◽

Environmental Damage ◽

Severe Damage ◽

Hard Law ◽

The Right ◽

International Conventions ◽

Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

10. International environmental law

10.1093/he/9780198869399.003.0010 ◽

2021 ◽

pp. 186-208

Author(s):

Anders Henriksen

Keyword(s):

International Law ◽

Environmental Law ◽

Common Interest ◽

Hazardous Substances ◽

Legal Regime ◽

Balanced Approach ◽

Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

10. International environmental law

International Law ◽

10.1093/he/9780198753018.003.0010 ◽

2017 ◽

Author(s):

Anders Henriksen

Keyword(s):

International Law ◽

Environmental Law ◽

Common Interest ◽

Hazardous Substances ◽

Legal Regime ◽

Balanced Approach ◽

Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

12. International Environmental Law

Environmental Law ◽

10.1093/he/9780198811077.003.0012 ◽

2019 ◽

pp. 375-417 ◽

Cited By ~ 1

Author(s):

Elizabeth Fisher ◽

Bettina Lange ◽

Eloise Scotford

Keyword(s):

International Law ◽

Environmental Law ◽

Vital Role ◽

Eu Law ◽

Public International Law ◽

Legal Nature ◽

Institutional Landscape ◽

National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

Compliance Procedures

The Oxford Handbook of International Environmental Law ◽

10.1093/oxfordhb/9780199552153.013.0043 ◽

2008 ◽

Cited By ~ 5

Author(s):

Jan Klabbers

Keyword(s):

International Law ◽

Environmental Law ◽

International Agreements ◽

Ozone Layer ◽

Montreal Protocol ◽

Environmental Agreement ◽

Set Up ◽

Number Of Parties

The Montreal Protocol on Substances That Deplete the Ozone Layer was among the first international agreements in which a specific non-compliance procedure was envisaged, and it is generally held to be the most developed example to date. Non-compliance procedures have become rather prevalent in international environmental law. Allowing for variations across regimes, most mechanisms have at least one compliance committee, usually composed of representatives of a limited number of parties (eight to fifteen) to the underlying multilateral environmental agreement and reporting back to the plenary body set up by that agreement (often dubbed the conference of the parties or meeting of the parties). Compliance (or non-compliance) procedures are usually said to exist, and be necessary, in international environmental protection because the environment cannot, for a number of reasons, be entrusted to the workings of traditional international law.

Equity

The Oxford Handbook of International Environmental Law ◽

10.1093/oxfordhb/9780199552153.013.0027 ◽

2008 ◽

Cited By ~ 2

Author(s):

Shelton Dinah

Keyword(s):

International Law ◽

Environmental Law ◽

Environmental Agreements ◽

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).

Part VIII Compliance, Implementation, and Effectiveness, Ch.52 Transparency Procedures

10.1093/law/9780198849155.003.0052 ◽

2021 ◽

Author(s):

Sparks Tom ◽

Peters Anne

Keyword(s):

International Law ◽

Environmental Law ◽

Environmental Agreements ◽

Multilateral Environmental Agreements

This chapter explores how information obligations on states—to collect, report, or publish—are an important aspect of most modern multilateral environmental agreements (MEAs). These have developed both alongside and as part of a wider ‘turn to transparency’ in international law, resulting in traditional forms of reporting, monitoring, and verification being incorporated into a more extensive set of transparency relationships. The chapter examines transparency as an increasingly important aspect of international environmental law, both as an end in itself and as a means of achieving other substantive goals. It frames transparency in international environmental law within the wider transparency turn. The chapter then looks at the techniques that are employed in customary and conventional environmental law to realize transparency, focusing on the compliance-centred, emancipatory, and advocative functions it performs.

Part VIII Compliance, Implementation, and Effectiveness, Ch.60 International Environmental Law Disputes Before International Courts and Tribunals

10.1093/law/9780198849155.003.0060 ◽

2021 ◽

Author(s):

Klein Natalie

Keyword(s):

International Law ◽

Dispute Settlement ◽

Environmental Law ◽

Considerable Progress ◽

Environmental Damage ◽

International Courts ◽

Ex Post ◽

International Court ◽

Ex Post Facto

This chapter examines how international environmental law (IEL) disputes are resolved before international courts and tribunals, addressing when parties will decide to litigate an IEL dispute as opposed to utilizing another form of dispute settlement. Assuming there is reason to pursue adjudication or arbitration, it looks at questions of jurisdiction. The chapter also considers preliminary matters that emerge in these cases, notably questions of standing and whether provisional measures are needed and may be secured before an international court or tribunal. It then turns to substantive matters, but only in the context of presentation of the case in terms of evidence and use of experts. Finally, the chapter assesses the available reparations in the resolution of IEL disputes before international courts and tribunals. Ultimately, considerable progress may be noted in respect of the use of international courts and tribunals for IEL disputes, but it is prudent to observe that in this area of international law, preventing the emergence of IEL disputes is ultimately more important than ex post facto responses to environmental damage.

Enforcement Mechanisms in International Law and International Environmental Law

elni Review ◽

10.46850/elni.2005.001 ◽

2005 ◽

pp. 1-12

Author(s):

Jutta Brunnée

Keyword(s):

International Law ◽

Environmental Law ◽

Environmental Agreements ◽

Multilateral Environmental Agreements ◽

Theoretical Assumptions ◽

Legal Sanctions ◽

Key Features ◽

Enforcement Mechanisms ◽

Common Misconceptions

This essay aims to launch the proceedings of international law on a high note, and to suggest that many common impressions of it are wrong in general, and particularly wrong in the context of international environmental law. Even more particularly, multilateral environmental agreements (MEAs) illustrate the maturation and sophistication of international environmental law. If anything, the diversity and flexibility of compliance approaches under MEAs highlight the limited purchase of simple dichotomies such as “binding vs. non-binding” or “enforcement vs. ineffectiveness”. The essay begins by exploring the concept of “enforcement” in international law in general. It suggests that a concept of enforcement as imposition of legal sanctions, or penalties, is unduly narrow. The essay then canvasses some of the main theoretical assumptions about international law and compliance. An exploration of this theoretical context illuminates the reasons underlying common misconceptions about international law and its enforcement, and helps put in perspective the evolution of approaches to compliance in international environmental law. Finally, against the backdrop of these general considerations, the author examines key features of the approaches to compliance and enforcement in international environmental law and MEAs. The aim is to provide a ‘bigger picture’, a context for the detailed discussions of compliance mechanisms that make up the bulk of the conference proceedings.