National Implementation

2008 ◽  
Author(s):  
Catherine Redgwell
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Dominant Role ◽  
Extensive Literature ◽  
International Environmental Law ◽  
National Courts ◽  
National Implementation ◽  
Environmental Norms ◽  
State Actors ◽  
The Impact

National implementation constitutes a key element in ensuring compliance with international environmental law. It plays a dominant role in ensuring non-state actors' compliance with international environmental norms, particularly where international environmental law has been translated, directly or indirectly, into national law. It may also afford opportunities for non-state actors to successfully challenge national implementation of international environmental law through judicial review, national rules on standing and remedies permitting. This article considers the trends in domestic judicial enforcement, and the role that national courts play in both developing and enforcing international environmental law. It also examines the nature of the international norms in question, as well as the impact that this factor exerts on national implementation (both legislative and judicial), drawing upon the extensive literature on implementation and compliance with international environmental law. Finally, the article looks at the extent of reliance upon national measures of implementation under different treaties, the impact of domestic constitutional legal orders on implementation, and soft law instruments.

Implementation of International Environmental Law

2021 ◽  
Author(s):  
Maria Ivanova ◽  
Natalia Escobar-Pemberthy ◽  
Anna Dubrova ◽  
Candace Famiglietti
Keyword(s):  
Environmental Law ◽  
International Environmental Agreements ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
National Characteristics ◽  
University Of Massachusetts ◽  
The University ◽  
The Impact ◽  
Technical Measures

International environmental law is a key governance instrument for the protection of the environment. Countries take on a range of obligations when they join multilateral environmental agreements. This chapter presents a comparative assessment of the implementation of international environmental law in 13 countries for four agreements dealing with pollution and conservation. It offers an empirical assessment based on the Environmental Conventions Index (ECI) developed at the Center for Governance and Sustainability at the University of Massachusetts, Boston, and compares performance across four key categories: regulation, management, information, and technical measures. The analysis establishes a baseline for assessing the implementation of international environmental law and explaining the impact of national characteristics, policies, and actions on the fulfillment and effectiveness of international environmental agreements.

Environmental Law and Constitutional and Public Law

2019 ◽  
pp. 1072-1090
Author(s):  
Ole W. Pedersen
Keyword(s):  
Life Cycle ◽  
Constitutional Law ◽  
Environmental Law ◽  
Public Law ◽  
Administrative State ◽  
Environmental Norms ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship of environmental law to public and constitutional law. More specifically, it considers ‘points of interactions’ between public and constitutional law and environmental law and shows that these points of interaction are found throughout the ‘life cycle’ of environmental law. The chapter explores the ways in which environmental law is shaped by rules and doctrines of public and constitutional law, first by discussing policy and law-making in the administrative state. It then analyses constitutional environmental norms and their functions, the local and domestic context of constitutional environmental provisions, the non-constitutional points of interaction between environmental law and public and constitutional law, and how the form and content of environmental law are shaped by domestic structures of government (and governance). The chapter concludes with an assessment of the impact of environmental law on public and constitutional law.

Part IX International Environmental Law in National/Regional Courts, Ch.61 Africa

2021 ◽  
Author(s):  
Kotzé Louis J
Keyword(s):  
Environmental Law ◽  
International Environmental Law ◽  
Progressive Development ◽  
Gradual Development ◽  
Environmental Norms ◽  
A Site

This chapter reflects on examples where some domestic and regional African courts have engaged directly and indirectly with international environmental law (IEL). Generally speaking, African states have had and continue to have a tenuous and/or superficial relationship with IEL. Having said this, Africa is also a site for innovation and progressive development in the area of IEL, especially through the work of the courts. Regional quasi-judicial institutions are pioneering the innovative jurisprudential development of environmental norms, while domestic African courts are increasingly, either directly or indirectly, interpreting, applying, and further refining IEL. Collectively, while one must be wary of the challenges and barriers to the implementation of IEL, such innovation bodes well for the potential and gradual development of a more amicable and constructive relationship between IEL and Africa.

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.

Sources of International Environmental Law

2018 ◽  
Author(s):  
Catherine Redgwell
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Innovative Methods ◽  
Court Of Justice ◽  
International Court ◽  
Starting Point ◽  
Environmental Norms

This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.

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