scholarly journals Governmentality and Risk: Managing ‘Ocean Space’

2021 ◽  
Author(s):  
◽  
Robert Deuchars
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Human Activity ◽  
Fisheries Management ◽  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
International Theory

<p>The term ‘fisheries management’ at first glance seems to be a reasonably unproblematic one. It implies that firstly, that there are resources called fish, and secondly, that these resources called fish can be harvested and managed. So far, so good. Next, there is the word ‘convention’. It is a commonly understood word in law in general and there are many conventions in International law and in International environmental law as well. Lastly there is the term ‘sustainable development’, a well-used term in International theory and practice, usually said to mean that although we understand the finite nature of the matter and energy that can be safely used by countries to develop, this can be tempered by putting in place measures and instruments to curb the excesses of human, and by that I mean industrialised, human activity on the environment.</p>

scholarly journals Governmentality and Risk: Managing ‘Ocean Space’

2021 ◽  
Author(s):  
◽  
Robert Deuchars
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Human Activity ◽  
Fisheries Management ◽  
Environmental Law ◽  
Theory And Practice ◽  
International Environmental Law ◽  
International Theory

<p>The term ‘fisheries management’ at first glance seems to be a reasonably unproblematic one. It implies that firstly, that there are resources called fish, and secondly, that these resources called fish can be harvested and managed. So far, so good. Next, there is the word ‘convention’. It is a commonly understood word in law in general and there are many conventions in International law and in International environmental law as well. Lastly there is the term ‘sustainable development’, a well-used term in International theory and practice, usually said to mean that although we understand the finite nature of the matter and energy that can be safely used by countries to develop, this can be tempered by putting in place measures and instruments to curb the excesses of human, and by that I mean industrialised, human activity on the environment.</p>

scholarly journals Sustainable Consumption: Scope and Applicability of Principles of International Law

2018 ◽  
Vol 2 (1) ◽  
pp. 5-27
Author(s):  
Ipshita CHATURVEDI
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Resource Exploitation ◽  
International Environmental Law ◽  
The Sustainable Development ◽  
Responsible Consumption ◽  
Sustainable Consumption And Production ◽  
Development Goals

Abstract The role of sustainable development has been increasingly recognized in international environmental law as a way to reconcile poverty eradication and resource exploitation with environmental protection. By contrast, little attention has been given to the concept of sustainable consumption. When international law mentions sustainable consumption, consumption and production are generally considered together, for instance in Goal 12 of the Sustainable Development Goals, addressing responsible consumption and production, and in UNEP’s 10-year sustainable ‘consumption and production programme.’ While some research on sustainable consumption has been conducted in sociology and anthropology, the focus in international environmental law has remained on production rather than consumption. This article seeks to open up a discussion on how consumption should be viewed and defined legally, and the role that law could play in promoting sustainable consumption.

Part III Conceptual Pillars, Ch.20 Equity

2021 ◽  
Author(s):  
Scholtz Werner
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Critical Analysis ◽  
Legal Status ◽  
Environmental Law ◽  
Prima Facie ◽  
Intergenerational Equity ◽  
International Environmental Law ◽  
Progressive Development ◽  
Generational Equity

This chapter critically analyses the notion of equity in international environmental law. It begins by discussing the meaning of equity in international law and briefly reflecting on familiar examples of the manifestation of equity in international environmental law treaties. The prominence of intergenerational and intra-generational equity in international environmental law warrants a subsequent critical analysis of the content, legal status, and relationship between these forms of equity. This discussion indicates that although the two components of equity may prima facie be in conflict, they constitute important complementary aspects of sustainable development. The chapter then calls for the progressive development of aspects of intra-generational and intergenerational equity that may have profound consequences for international environmental law.

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 INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

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.

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