From Autonomy to Integration? International Law, Free Trade and the Environment

2008 ◽  
Vol 77 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Michael Mehling ◽  
Anja Lindroos
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
International Environmental Law ◽  
International Treaty ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
Relationship Of ◽  
The Relationship

AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

12. International Environmental Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International 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.

The Intellectual History of International Law as a Research Field—“Lauterpacht and Beyond: Jewish/German Authorship and the History of International Law”

2012 ◽  
Vol 13 (6) ◽  
pp. 793-805
Author(s):  
Felix Lange
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Environmental Law ◽  
Research Field ◽  
International Environmental Law ◽  
Trade Law ◽  
International Trade Law ◽  
History Of ◽  
History Of International Law ◽  
The Cold War

Publications on the history of international law written during the Cold War can almost be counted on one hand. A pragmatically-oriented generation studied practical areas like UN Charter law, international trade law, or international environmental law, while the theory and history of international law played only a secondary role. An intellectual history of international law, asking which ideas and concepts inspired and formed international law writing, hardly received any attention.

Part IX International Environmental Law in National/Regional Courts, Ch.64 India, Bangladesh, and Pakistan

2021 ◽  
Author(s):  
Ghosh Shibani
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
Final Outcome ◽  
International Environmental Law ◽  
Substantive Content ◽  
Judicial Reasoning

This chapter focuses on international environmental law (IEL) in the courts of India, Bangladesh, and Pakistan. Review of the case law reveals that Indian courts have led the adoption of the IEL principles in this region, with occasional references to IEL by Bangladeshi and Pakistani courts. This appears to follow the trend of non-environmental cases, where also the Bangladeshi and Pakistani judiciary is more reluctant than the Indian courts to turn to international law. Although courts in the three countries have engaged with IEL, it has mostly been at a superficial level. Their reliance on IEL is not always accompanied by strong judicial reasoning, making it difficult to determine their content and scope, and even their relevance in particular scenarios. Given development imperatives in these countries, courts are often faced with the ‘economy/development versus environment’ question. In such situations, the courts rely on IEL in an instrumental fashion in support of the final outcome of the case, rather than engaging with the substantive content of the IEL principle.

Freiraum oder Herrschaftsgebiet

2019 ◽  
Author(s):  
Thilo Goeble
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Environmental Law ◽  
Case Law ◽  
The Internet ◽  
Council Of Europe ◽  
Human Right ◽  
International Environmental Law ◽  
Detailed Evaluation ◽  
Legal Barriers

In this book, the author discusses the questions of whether and how international legal barriers already limit the power of states on the Internet today and what these might look like in the future. In particular, he focuses on access to the Internet being a human right. One focus is freedom of expression and information at the level of the United Nations and the Council of Europe, which are examined from the perspective of various dimensions of intervention. For this purpose, a detailed evaluation of the existing documents and case law in this respect is carried out. Subsequently, the author provides his own proposal for access to the Internet being a human right de lege ferenda. Due to the qualification of the Internet as an international (super)space, international legal barriers, which arise in particular from the area of international environmental law, the rules of international relations and humanitarian international law, are also examined with regard to their transferability.

scholarly journals A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes

2015 ◽  
Vol 22 (4) ◽  
pp. 578-597 ◽  
Author(s):  
David M. Ong
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Environmental Law ◽  
Case Law ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
International Environmental Law ◽  
China Sea

Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for co-operation towards the resolution of these disputes.

International Law Association, Committee on Cultural Heritage Law (London, England, May 17–18, 2007)

2008 ◽  
Vol 15 (4) ◽  
pp. 411-412
Author(s):  
Beat Schönenberger
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
Trade Law ◽  
International Trade Law ◽  
The Relationship

The Committee on Cultural Heritage Law of the International Law Association (ILA) held an interim meeting in London on May 17–18, 2007. After completing the work on the Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material on the occasion of the Seventy-Second Conference in Toronto 2006, the committee has now two projects on its agenda. The first one is concerned with a study of the concept of safe havens for temporary deposit of cultural material rescued from circumstances of armed conflict and other serious threats; the second study deals with the relationship between international trade law and cultural heritage law.

scholarly journals PEMBENTUKAN KERANGKA HUKUM INTERNASIONAL BAGI PENCEGAHAN PERDAGANGAN KAYU ILEGAL

Yuridika ◽  
2012 ◽  
Vol 27 (3) ◽  
Author(s):  
Aktieva Tri Tjitrawati
Keyword(s):  
International Trade ◽  
International Law ◽  
State Government ◽  
Forest Products ◽  
Illegal Logging ◽  
Legal Regime ◽  
Trade Law ◽  
International Trade Law ◽  
Production And Consumption ◽  
The Relationship

The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.Key Word: Legal Frame, Prevention, Illegal Logging.

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