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.

Critical Approaches

2008 ◽  
Author(s):  
Karin Mickelson
Keyword(s):  
International Law ◽  
Global Justice ◽  
Environmental Law ◽  
International Environmental Law ◽  
Global Justice Movement ◽  
Post Colonial ◽  
Colonial Theory ◽  
Critical Approaches ◽  
Development And Environment ◽  
Development Perspective

This article explores some of the critical approaches relevant to international environmental law, and considers how they have been deployed to analyse and critique the underlying assumptions of international environmental law and policy. It looks at feminist approaches, post-colonial approaches, critiques of development, the anti-globalisation/global justice movement, and the environmental justice movement. The article provides a brief overview of the relevant scholarly literature and describes the ways in which activism has built on (or developed) these insights. In particular, it discusses feminist theory, feminist engagement with development and environment, feminist engagement with international law, post-colonial theory and international law, approaches from civil society, the concept of ecological debt, development and post-development, a post-development perspective on sustainable development, and globalisation and anti-globalisation.

International Law and Self-Determination: The Case of Eritrea

1987 ◽  
Vol 15 ◽  
pp. 3-8
Author(s):  
Luis B. Serapiao
Keyword(s):  
International Law ◽  
The State ◽  
Self Determination ◽  
Horn Of Africa ◽  
Colonial Era ◽  
Post Colonial ◽  
Political Unity ◽  
Colonial Empire ◽  
Independent States ◽  
Emotional Issue

Writing about the Eritrean conflict in the Horn of Africa is a difficult task, because it involves the issue of dismembership of a state. From the Greek Empire to the Roman, from the feudal era to the colonial times, and now in the post-colonial era, dismembership of the state has been a highly controversial and emotional issue. From the colonial era to decolonization, Africans did not have to face this problem. In fact, not only did they applaud the dismembership of the colonial empire, they worked hard to insure the disintegration of the colonies. In their optimism for the future of Africa, they developed a rhetoric that went beyond cooperation among future independent states to continental political unity. “Africa must unite” said the vibrant and dynamic leader of Ghana, Nkrumah.

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 ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

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.

10. International environmental law

2017 ◽  
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.

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

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.

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