The Oxford Handbook of International Environmental Law

2008 ◽  
Keyword(s):  
Policy Development ◽  
Environmental Governance ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Hazardous Substances ◽  
International Environmental Law ◽  
Theoretical Concepts ◽  
Normative Development ◽  
International Dispute ◽  
Analytical Tools

This book takes stock of the major developments in international environmental law, while exploring the field's core assumptions and concepts, basic analytical tools, and key challenges. It aims to strike a balance between practical preoccupations and critical or theoretical reflection. Each chapter examines an issue that is central to scholarly debates or policy development. The book consists of forty-seven chapters in seven parts. Part I sets the stage, identifying overarching issues. Part II offers readers a range of theoretical lenses through which to analyse both the problems facing international environmental law and the solutions it may offer. Part III reviews the treatment of basic-issues areas. Part IV analyses the process of normative development in international environmental law. Part V assesses key theoretical concepts. Part VI examines the roles of various actors and institutions, and Part VII analyses issues of implementation and enforcement. Topics range from global environmental governance as administration and its implications for international law, science and technology, international relations theory, ethics and international environmental law, ecosystems and sustainable development, hazardous substances and activities, and international dispute settlement.

scholarly journals Treaty-Making and Treaty Evolution

2008 ◽  
Author(s):  
Thomas Gehring
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Law ◽  
Normative Development ◽  
Single Output ◽  
Environmental Treaty ◽  
Different Types ◽  
The Law ◽  
Law Making ◽  
Institutional Fragmentation

This article examines how the establishment and operation of environmental treaty systems helps to create and develop international environmental law. It inquires into the emergence of environmental treaty systems and identifies two characteristics of the evolving law-making structure: first, the ‘constitutionalisation’ of treaty systems through the creation of new structures for the making of international environmental law, and, second, the institutional fragmentation of international environmental governance. The article then considers the policy-making dimension of environmental treaty systems and identifies three areas of intra-institutional activity relevant to the law-making process: broadening and tightening commitments over time; elaborating upon, and in some cases redefining, existing obligations through an administrative process; and undertaking scientific and technical assessments to reinforce and accelerate normative development. It also explores the output of the law-making process, arguing that different types of law emerge. Whereas regular treaty law is still the most important single output of environmental law-making, it is supplemented by law emerging from simplified amendment procedures and secondary decisions of competent treaty bodies.

scholarly journals [BOOK REVIEW] The Peaceful Settlement of International Disputes

2019 ◽  
Vol 06 (01) ◽  
pp. 211-215
Author(s):  
Davina Oktivana
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Law Students ◽  
Law Of The Sea ◽  
International Environmental Law ◽  
Extensive Analysis ◽  
Peaceful Settlement ◽  
International Dispute

Yoshifumi Tanaka is a Professor of International Law at the Faculty of Law, University of Copenhagen. He has published widely in the fields of the law of the sea and international environmental law. I had a profound admiration for Tanaka’s writings, particularly in law of the sea subjects. He has a compelling method in deliberating issues comprehensively but still convenient to digest, especially for academicians, practitioners, and law students (postgraduate). Settlement of International Dispute is considered as a foundation of the establishment and the development of International Law. Accordingly, there are plenty of books and writings had published addressing similar topic, however, Tanaka’s book is distinctive. Tanaka successfully gives the reader an exhaustive and extensive analysis of the procedures for dispute settlement both in traditional means and newly development. In addition, He complemented figures and tables to give the reader a comprehensive understanding.

International Environmental Law

2008 ◽  
Author(s):  
Daniel Bodansky ◽  
Jutta Brunnée ◽  
Ellen Hey
Keyword(s):  
International Institutions ◽  
Environmental Law ◽  
Environmental Issues ◽  
Hazardous Materials ◽  
International Environmental Law ◽  
Distinctive Features ◽  
Normative Development ◽  
Key Concepts ◽  
International Environmental Problems ◽  
Analytical Tools

As far as specialisation is concerned, international environmental law has come a long way from its origins in the application of broad principles derived from state sovereignty to environmental issues. Not only has the number of specialised environmental instruments and institutions grown to the point where some commentators have warned of treaty congestion, but sub-specialties have also developed within many of these regimes. This book takes stock of international environmental law and examines its overarching features. It includes chapters surveying the main issue areas: air, water, biological resources, and hazardous materials. The book analyses the field in more conceptual terms, focusing on issues of structure and process rather than on issues of content. Important topics include: legal design, analytical tools, normative development, key concepts, actors and institutions (states, international institutions, non-state actors), and implementation and enforcement. In particular, it discusses some distinctive features of international environmental problems, the state-centric approach to international environmental law, anthropocentrism and environmental protection, and compliance.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
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.

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Institution Building ◽  
International Environmental Law ◽  
Agenda 2030 ◽  
United Nations General ◽  
Global Environmental ◽  
Rules And Principles ◽  
United Nations General Assembly

The global environmental conferences convened by the United Nations General Assembly (UNGA) during the last fifty years have contributed to the development of international environmental law and institution-building. Yet, given the deteriorating state of the global environment they are but one element of international environmental governance. While they were important to bring environmental issues to the attention of states, the time for agenda-setting seems over. Rather the international community must move on to the implementation of existing binding and non-binding rules and principles. While the UNGA continues to play an important role in the context of sustainable development and the Agenda 2030 process and is, indeed a stable platform for international cooperation on environmental issues, it seems that the time for comprehensive global environmental conferences may have come to an end, unless more innovative mechanisms for the implementation of international environmental law and policy are brought forward.

10. International environmental law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
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.

scholarly journals What We Know (and Could Know) About International Environmental Agreements

2020 ◽  
Vol 20 (1) ◽  
pp. 103-121
Author(s):  
Ronald B. Mitchell ◽  
Liliana B. Andonova ◽  
Mark Axelrod ◽  
Jörg Balsiger ◽  
Thomas Bernauer ◽  
...  
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Teaching Tool ◽  
Environmental Agreements ◽  
Design Features ◽  
International Environmental Law ◽  
International Environmental Governance ◽  
Graduate Teaching ◽  
Research Questions

Initiated in 2002, the International Environmental Agreements Data Base (IEADB) catalogs the texts, memberships, and design features of over 3,000 multilateral and bilateral environmental agreements. Using IEADB data, we create a comprehensive review of the evolution of international environmental law, including how the number, subjects, and state memberships in IEAs have changed over time. By providing IEA texts, the IEADB helps scholars identify and systematically code IEA design features. We review scholarship derived from the IEADB on international environmental governance, including insights into IEA membership, formation, and design as well as the deeper structure of international environmental law. We note the IEADB’s value as a teaching tool to promote undergraduate and graduate teaching and research. The IEADB’s structure and content opens up both broad research realms and specific research questions, and facilitates the ability of scholars to use the IEADB to answer those questions of greatest interest to them.

scholarly journals The Environmental Jurisprudence of the International Tribunal for the Law of the Sea

2007 ◽  
Vol 22 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Dispute Settlement ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Settlement System ◽  
International Environmental Law ◽  
Environmental Disputes ◽  
Dispute Settlement System ◽  
Marine Environmental ◽  
Environmental Jurisprudence

AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

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