Roda Mushkat, International Environmental Law and Asian Values: Legal Norms and Cultural Influences (Vancouver: UBC Press, 2004), 241 + xvii pages

2004 ◽  
Vol 15 (1) ◽  
pp. 731-736
Author(s):  
Bharat H. Desai
Author(s):  
Günther Handl

Although transboundary impact might be understood to include effects ranging from political and economic to ideological or intangible ones, in international environmental legal discourse the notion is generally understood to involve transboundary physical effects. Transboundary impacts in this former, wider sense may be subject to special treaty regimes, which, however, bear only indirectly on international environmental law. This article examines legal norms applicable to transboundary impacts on other individual states or group of states, their territory, natural resources, and people to the exclusion of transboundary effects of a global nature or affecting the global commons only. Much of international law governing transboundary impacts has an essentially bilateralist grounding. By contrast, norms applicable to the global commons more typically reflect the notion of an international communitarian interest in environmental protection. This article also considers transboundary environmental impacts in international law, international responsibility and liability for transboundary impacts, and the institutionalisation of transboundary environmental impact management.


2011 ◽  
Vol 1 (1) ◽  
pp. 31-41 ◽  
Author(s):  
Gregory Shaffer ◽  
Daniel Bodansky

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.


2021 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Antonio Vázquez Pérez ◽  
Dolores Rosalía Cedeño Meza ◽  
Ángel Fabián Erazo Chávez ◽  
Mayra Alejandra Moreira Macías ◽  
Lenin Rodrigo Guerrero Cedeño

The objective of the work is to offer a reflection of the place that international environmental law occupies as and its influence so that, at the internal level of the countries, binding norms are adopted, in the interest of environmental protection. The relevance of environmental law consists of the need to achieve regulatory solutions, to the pressure to which environmental systems are subjected. It is necessary to regulate the behaviors that imply consequences on the environment, to be managed through the law as legal norms that ensure respect for nature and achieve sustainable development. The analysis is carried out in a temporary context of 30 years, since the branch of law emerged on an international scale, with the constitutional movement in some Latin American countries and especially in Ecuador. For this, the comparative legal method was applied and the Desk Research method of investigation was used for the bibliographic review. The influence of international norms for the current development of Ecuadorian environmental law is exposed.


Author(s):  
Jutta Brunnée

This chapter begins by outlining an alternate, ‘interactional’, understanding of the concept of ‘sources of law’, which it takes to refer to processes that are shaped by requirements of legality and through which legal norms are made and remade. This approach does not entail that the law-making methods listed in Article 38 of the International Court of Justice (ICJ) Statute have ceased to matter in international environmental law (IEL)—far from it. The interactional law framework takes seriously what international actors do. The chapter, therefore, explores the law-making processes listed in Article 38 in turn, and then moves on to consider newer processes. The interactional framework and its practice-based understanding of legality illuminate the existence of resilient and relatively stable law-making processes as well as the emergence of new law-making processes.


2020 ◽  
Vol 16 (4-2) ◽  
pp. 157-164
Author(s):  
Зиля Юсупова ◽  
Наталья Мухаметгареева

In the modern conditions of the continuing deterioration of the global environment, the issue of the effectiveness of international environmental law is especially relevant. Purpose: to study the negative factors that hinder the effective implementation of international environmental standards. Methods: the authors use empirical methods of comparison, description, interpretation; they analyze international documents in the field of environmental protection; they apply a special scientific method of interpreting legal norms. Results: the authors conclude that international environmental law in spite of all its advances has several fundamental problems. They are the diversity and congestion of international environmental standards; the slowness of diplomatic negotiations in concluding environmental treaties, due to the short-term interests of states, such negotiations rarely lead to binding agreements; the adoption of an environmental standard does not guarantee its implementation, since the mechanisms for monitoring its application are not binding. The authors make a point that a civil society should demand from its state to comply with its international obligations in the environmental sphere.


Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales

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