Common Areas, Common Heritage, and Common Concern

Environmental Law ◽

Customary Law ◽

Environmental Concerns ◽

Common Concern ◽

Common Heritage ◽

The Impact ◽

Do So

This article examines three concepts that have emerged to respond to collective environmental concerns:‘common areas’, ‘common heritage’, and ‘common concern’. As will become apparent, the impact of these three concepts has been felt less in the development and application of customary law than in the development of treaty-based regimes. Today, such regimes institutionalise many collective environmental concerns, and provide settings in which states' commitments can be adjusted and refined on an ongoing basis. Within these regimes, it has also been possible to develop compliance procedures that are actually invoked and which reflect the collective nature of states' interest in environmental protection. To protect areas or resources beyond state jurisdiction, and to address common environmental concerns, international environmental law has not merely had to undergo a significant conceptual expansion, but has also had to do so against the grain of the foundational structures of international law.

Transnationalism, Unilateralism and International Law

Transnational Environmental Law ◽

10.1017/s2047102511000033 ◽

2011 ◽

Vol 1 (1) ◽

pp. 31-41 ◽

Cited By ~ 14

Author(s):

Gregory Shaffer ◽

Daniel Bodansky

Keyword(s):

International Law ◽

Environmental Law ◽

The Self ◽

Legal Process ◽

Legal Norms ◽

Trade Offs ◽

The Impact ◽

Do So

AbstractWhen we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of the constraints facing consent-based international environmental law, examines the trade-offs between transnational and international environmental law from the perspective of legitimacy, and concludes by discussing the important but delicate relation of international law to transnational environmental law as both a check and a consolidator. International law should guard against the self-serving unilateral use of transnational environmental law, but it should do so in a way that preserves (and does not shut off) the dynamic, responsive character of the transnational environmental law process. Otherwise international law itself will be delegitimized.

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.

An Economic Theory of International Environmental Law

The Oxford Handbook of International Environmental Law ◽

10.1093/oxfordhb/9780199552153.013.0011 ◽

2008 ◽

Cited By ~ 1

Author(s):

Scott Barrett

Keyword(s):

Economic Theory ◽

International Law ◽

Environmental Law ◽

Customary Law ◽

Trade Restrictions ◽

State Behaviour ◽

Asymmetric Countries ◽

System States ◽

Domestic Law

International law, of which international environmental law is a part, shapes and constrains state behaviour. Essentially, it tells states what they are permitted to do, what they are prohibited from doing, and what they are required to do. In this respect, international law is indistinguishable from domestic law. In other respects, however, domestic and international law could not be more different. Domestic law develops and is applied within a vertical system of governance, with a legislature that creates law, a judiciary that interprets law, and an executive that enforces law. International law, by contrast, is rooted to a horizontal system – states at once make, interpret, and enforce international law. This article presents an economic theory of international environmental law, showing how international law can restructure incentives, making it in the interest of states to change their behaviour, and so protect the environment. It examines customary law, theory of treaty design, treaty participation, minimum participation, compliance, narrow and deep versus broad and shallow treaties, tipping treaties, trade restrictions, asymmetric countries, and payment compensation.

Complex ecological branch of law in terms of globalization

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2021-2-14-20 ◽

2021 ◽

Vol 2 (2) ◽

pp. 14-20

Author(s):

Lydmyla Dobroboh

Keyword(s):

European Union ◽

International Law ◽

Environmental Law ◽

Legal Regulation ◽

Green Economy ◽

The European Union ◽

National Legislation ◽

Environmental Relations ◽

The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

Due Diligence in International Environmental Law

Due Diligence in the International Legal Order ◽

10.1093/oso/9780198869900.003.0007 ◽

2020 ◽

pp. 111-128

Author(s):

Jorge E. Viñuales

Keyword(s):

International Law ◽

Environmental Law ◽

Due Diligence ◽

Individual Interest ◽

Fine Grained ◽

Per Se ◽

State Body

This chapter analyses the duty of due diligence in the field of environmental protection. It provides a fine-grained analysis of the main legal bases for the determination of due diligence in this field. It shows that the progressive recognition of this duty has evolved hand in hand with the recognition of the need to protect the environment per se, and not as a private (whether state or individual) interest that would be protected in a horizontal (tort-like) form. The chapter argues that the consolidation of due diligence thus reflects the deeper transformation of international law from a horizontal inter-state body of norms to an increasingly vertical one, where duties do not merely arise from the interests of other subjects.

12. International Environmental Law

Cases & Materials on International Law ◽

10.1093/he/9780198727644.003.0012 ◽

2016 ◽

Author(s):

Martin Dixon ◽

Robert McCorquodale ◽

Sarah Williams

Keyword(s):

International Law ◽

Environmental Law ◽

Environmental Treaties ◽

State Practice ◽

International Obligations ◽

Relationship Of ◽

The Relationship ◽

Flexible Instruments

The concern and awareness about the need for environmental protection has increased dramatically, both nationally and internationally, in the last few decades. One way of putting this concern into action is the law, being a means to structure and regulate behaviour. International environmental law includes many treaties and declarations, a body of State practice and some compliance mechanisms, as well as a development towards the introduction of flexible instruments to achieve compliance. This chapter discusses the context of international environmental law; environmental theories; international obligations; selected environmental treaties; and the relationship of the environment with other international law issues.

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

10.1093/law/9780198849155.003.0067 ◽

2021 ◽

Author(s):

Tigre Maria Antonia

Keyword(s):

South America ◽

International Law ◽

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.