Globalisation of Environmental Law

2011 ◽  
Vol 8 (3) ◽  
pp. 273-290
Author(s):  
Hans-Joachim Koch ◽  
Christin Mielke
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Creative Development ◽  
Environmental Threats ◽  
Effective Implementation ◽  
Environmental Organization ◽  
Leading Role ◽  
Global Environmental

AbstractExigent global environmental threats require concerted global answers and impose great challenges to the international community. Since the 1972 Stockholm UN-Conference, a dynamic and creative development of international environmental law has brought about many important achievements. However, major shortcomings remain to be tackled, and a further globalization of the environmental law with massive impacts on the European and national legal orders is imperative. The European Union can play a leading role in the swift and effective implementation of international law. Today, many EU environmental acts are, in fact, already implementing international stipulations. For an effective future development of international environmental law, a special UN environmental organization appears urgently needed.

INVOKING DIRECT APPLICATION AND EFFECT OF INTERNATIONAL TREATIES BY THE EUROPEAN COURT OF JUSTICE: IMPLICATIONS FOR INTERNATIONAL ENVIRONMENTAL LAW IN THE EUROPEAN UNION

2011 ◽  
Vol 60 (3) ◽  
pp. 737-757 ◽  
Author(s):  
Simon Marsden
Keyword(s):  
Environmental Law ◽  
Direct Application ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Effective Implementation ◽  
European Court ◽  
Future Potential ◽  
Judicial Protection ◽  
The Eu

AbstractThis article analyses the contribution made to the effective implementation of international environmental law in the EU by the ECJ invoking direct application and effect of international treaties. It considers the requirements of these doctrines in international law, distinguishing them from related doctrines in EU law. It reviews jurisprudence and literature and evaluates future potential. Implications for direct application and effect from the EU doctrine of primacy and for the principle of effective judicial protection are examined, and alternatives to full transposition, implementation and enforcement explored, including non-compliance procedures.

scholarly journals INTERNATIONAL ENVIRONMENTAL LAW AND GLOBAL ENVIRONMENTAL GOVERNANCE: SOUTHERN INFLUENCES.

2018 ◽  
Vol 15 (32) ◽  
pp. 143-165
Author(s):  
Fernando Cardozo Fernandes Rei
Keyword(s):  
International Law ◽  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Global Environmental Governance ◽  
Sustainable Society ◽  
International Environmental Law ◽  
Global Environmental ◽  
Scientific Expertise

The purpose of this article when it discusses the southern approaches brought to global governance gets mixed with the addressing of the challenges facing the legal science in harmony with the others sciences to deal with the complex environmental issues of the 21st century. Thinking of a successful international environmental regulation is talking about an effort to understand the need for the instrumental law to comply with its role to solve complex issues that are typical of the construction of a sustainable society. The first part of the article consider that the international environmental law has been facing the emerging global environmental issues in an innovating way, incorporating a new form of global environmental governance based on which new players are brought to the discussion and implementation of measures to face environmental problems. After that, the article highlights the southern actions in the role of the scientific expertise and in the environmental paradiplomacy, and evaluates the influence and contributions in the decision making scenario and in the news perspectives of international law. The article concludes that the southern influences suggest a more pragmatic, finalistic international law that is concerned about the results, the achievement of the goals proposed

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

scholarly journals A Global Environmental Constitution for the Anthropocene?

2018 ◽  
Vol 8 (1) ◽  
pp. 11-33 ◽  
Author(s):  
Louis Kotzé
Keyword(s):  
United Nations ◽  
Best Practice ◽  
Environmental Law ◽  
Regulatory Reform ◽  
Ecological Crisis ◽  
General Assembly ◽  
International Environmental Law ◽  
Global Environmental ◽  
The World ◽  
Un General Assembly

AbstractInternational environmental law (IEL) has been unable to respond effectively to the Anthropocene’s global socio-ecological crisis, which is critically existential and requires radical interventions and regulatory reform. This article explores the potential of the recent United Nations (UN)-backed initiative to adopt a Global Pact for the Environment as an opportunity to reform IEL. It does so by (i) reflecting on the Anthropocene’s demands for a constitutionalized form of IEL through the lens of global environmental constitutionalism; (ii) investigating the extent to which the Global Pact could contribute to such a vision; and (iii) suggesting ways in which to strengthen the constitutional potential of the Global Pact in this endeavour. To this end, the article revisits the World Charter for Nature of 1982, which seems to have slipped off the radar in academic as well as policy circles. A case is made for renewed support of the Charter – which already enjoys the backing of the majority of UN General Assembly member states, and which has constitutional qualities – to serve as a ‘best-practice’ example during the ensuing negotiation of the Global Pact.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
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.

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Institution Building ◽  
International Environmental Law ◽  
Agenda 2030 ◽  
United Nations General ◽  
Global Environmental ◽  
Rules And Principles ◽  
United Nations General Assembly

The global environmental conferences convened by the United Nations General Assembly (UNGA) during the last fifty years have contributed to the development of international environmental law and institution-building. Yet, given the deteriorating state of the global environment they are but one element of international environmental governance. While they were important to bring environmental issues to the attention of states, the time for agenda-setting seems over. Rather the international community must move on to the implementation of existing binding and non-binding rules and principles. While the UNGA continues to play an important role in the context of sustainable development and the Agenda 2030 process and is, indeed a stable platform for international cooperation on environmental issues, it seems that the time for comprehensive global environmental conferences may have come to an end, unless more innovative mechanisms for the implementation of international environmental law and policy are brought forward.

Part II Analytical Approaches, Ch.10 Economics

2021 ◽  
Author(s):  
Faure Michael
Keyword(s):  
Environmental Pollution ◽  
Public Good ◽  
Environmental Quality ◽  
Market Failure ◽  
Environmental Law ◽  
Coase Theorem ◽  
Economic Perspective ◽  
International Environmental Law ◽  
Global Environmental ◽  
Environmental Good

This chapter explains that the starting point for the economic approach to both domestic as well as international environmental law is that environmental problems (including but not limited to environmental pollution) constitute a market failure. From this economic perspective transboundary environmental pollution emerges. Moreover, global environmental quality is, from an economic perspective, a so-called public good of which all states will benefit. But since no state can exclude others from benefitting from this global environmental good, there is a danger of ‘free-riding’ as a result of which this global public good (environmental quality) may be insufficiently produced. These starting points provide a basis for the emergence of international environmental law, more particularly treaty law. However, a classic paradigm in what has become known as the law and economics literature is the Coase Theorem. The chapter then addresses the likelihood of Coasean solutions to emerge as a remedy to transboundary environmental pollution. It also looks at reasons for states to conclude treaties.

Part VI Actors, Ch.37 Regional Organizations the European Union

2021 ◽  
Author(s):  
Maljean-Dubois Sandrine
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Environmental Law ◽  
General Question ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Regional Organizations ◽  
Environmental Negotiations ◽  
The Eu

This chapter addresses the European Union (EU) as a preeminent example of a regional organization and its role in international environmental law. It first examines the progressive affirmation of EU competence in the environmental field and its development of a distinctive environmental policy. The chapter then turns to the external dimension of EU environmental competence, discussing the EU's participation in and enforcement of international environmental law, as well as the general question of whether the EU can be said to have an external environmental policy. The EU internal environmental policy expands on the international stage. Even if it lacks the internal structures and resources fully and effectively to assume a role as a global environmental leader, the EU participates in environmental negotiations, concludes and implements international treaties, and exercises its ‘soft power’ to promote the development and implementation of international environmental law. The chapter concludes with some brief reflections on other regional organizations and their distinctions from the largely sui generis EU example.

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