From 'International' to 'Transnational' Environmental Law? A Legal Assessment of the Contribution of the 'Equator Principles' to International Environmental Law

2010 ◽  
Vol 79 (1) ◽  
pp. 35-74 ◽  
Author(s):  
David Ong
Keyword(s):  
Legal System ◽  
Environmental Law ◽  
International Environmental Law ◽  
Legal Assessment ◽  
Alternative Means ◽  
Equator Principles ◽  
State Actor ◽  
International Legal System ◽  
State Actors

AbstractThis article assesses the contribution of a 'transnational', non-State actor agreement, namely, the 'Equator Principles', in terms of its possible contribution to both the making and implementation of international environmental law. It examines the provenance of the 'Equator Principles', as well as how far these Principles purport to interpret and apply important international environmental principles. While several formal difficulties remain to be overcome, this article considers the case for the inclusion of significant transnational, non-State actors like the Equator Banks and their agreements, such as the 'Equator Principles', within the international legal system as a further and alternative means of implementing these important environmental principles.

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.

Public Participation in Global Environmental Governance and the Equator Principles: Potential and Pitfalls

2012 ◽  
Vol 13 (12) ◽  
pp. 1386-1411 ◽  
Author(s):  
Kirsten Mikadze
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Global Environment ◽  
Global Environmental Governance ◽  
International Environmental Law ◽  
Hard Law ◽  
Global Environmental ◽  
Equator Principles ◽  
Global Environmental Issues

Despite the increasing urgency of global environmental issues, international environmental law continues to struggle for relevancy and effectiveness. Even as legal efforts have intensified, the global environment has continued to deteriorate. In particular, state-centric, multilateral “hard law” instruments have proven an increasingly ineffectual means of regulating the global environment.

5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

A Methodological Approach to Deep Seabed Mining by Non-state Actors

2021 ◽  
pp. 11-42
Author(s):  
Joanna Dingwall
Keyword(s):  
International Law ◽  
Legal System ◽  
Methodological Approach ◽  
International Investment ◽  
International Investment Law ◽  
International Legal System ◽  
State Actors ◽  
Deep Seabed Mining ◽  
Seabed Mining

Chapter 1 places this study within its broader methodological framework. Firstly, it offers a method of analysis for evaluating the deep seabed mining regime, drawing on the international legal system more generally, and including elements of formalism and the New Haven approach. Secondly, it provides a methodological perspective on one of this study’s key strands: the role of non-state actors (specifically, corporations). It does so by addressing the terminology concerning non-state actors and corporate entities; considering the means by which corporate nationality can be established as a matter of international law (including by reference to the law of diplomatic protection, international investment law and the concept of flag state nationality); assessing the role of corporations within the international legal system; and providing an initial analysis of the necessary conditions for corporate rights and corporate obligations under international law. This analysis provides the necessary conceptual backdrop against which this book can evaluate the role of corporate activities within deep seabed mining.

Part VI Actors, Ch.35 The State

2021 ◽  
Author(s):  
Marauhn Thilo
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
The State ◽  
International Environmental Law ◽  
Role Of The State ◽  
Starting Point ◽  
International Legal System ◽  
Changing Role ◽  
Freedom Of Action

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law

2013 ◽  
Vol 82 (4) ◽  
pp. 487-527 ◽  
Author(s):  
Mostafa Mahmud Naser
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Human Migration ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Refugee Law ◽  
International Legal System ◽  
And Migration ◽  
Legal Frameworks

Climate change and human migration are two cross-cutting issues that demand immediate and appropriate responses from both international and national authorities. This article deals with a number of complex issues under international environmental law, human rights law and migration and refugee law, which have important ramifications for the protection of climate-induced displacement in Bangladesh. It examines these legal frameworks to assess how appropriate they are in regulating climate-induced displacement and underscores current gaps or limitations within the international legal system for effective recognition and protection of climate change migrants. The development of ‘soft guidelines’ suggested in this study would establish an international framework for the specific recognition, treatment and protection of climate change displaced persons and fill the legal gaps with the specificity required by states and communities.

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