scholarly journals Clearing the Air: An Examination of International Law on the Protection of the Ozone Layer

1969 ◽  
pp. 818
Author(s):  
Timothy C. Faries
Keyword(s):  
Air Pollution ◽  
International Law ◽  
Ozone Depletion ◽  
Environmental Law ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
State Responsibility ◽  
Ozone Layer Depletion ◽  
International Environmental Law ◽  
History Of

The author, after examining the existing international law on ozone layer protection, explains the current scientific knowledge about the causes and effects of ozone layer depletion. The author then embarks on a discussion of the sources of international environmental law on ozone depletion, and draws analogies to the broader area of international law dealing with state responsibility for transnational air pollution emanating from within its territory. Mr. Fades then proceeds to provide a brief history of the events leading up to the signing of the Montreal Protocol, followed by an analysis of the subtleties of the Protocol, and suggestions for reform.

Compliance Procedures

2008 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International Agreements ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
International Environmental Law ◽  
Environmental Agreement ◽  
Set Up ◽  
Number Of Parties

The Montreal Protocol on Substances That Deplete the Ozone Layer was among the first international agreements in which a specific non-compliance procedure was envisaged, and it is generally held to be the most developed example to date. Non-compliance procedures have become rather prevalent in international environmental law. Allowing for variations across regimes, most mechanisms have at least one compliance committee, usually composed of representatives of a limited number of parties (eight to fifteen) to the underlying multilateral environmental agreement and reporting back to the plenary body set up by that agreement (often dubbed the conference of the parties or meeting of the parties). Compliance (or non-compliance) procedures are usually said to exist, and be necessary, in international environmental protection because the environment cannot, for a number of reasons, be entrusted to the workings of traditional international law.

If you Break it, do you own it?

2015 ◽  
Vol 6 (2) ◽  
pp. 201-246 ◽  
Author(s):  
Dinah Shelton ◽  
Isabelle Cutting
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
Environmental Harm ◽  
State Responsibility ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Legal Obligations ◽  
Law Of Armed Conflict ◽  
The Law

This article examines the extent to which international legal obligations aimed at protecting the environment apply to military activities in peacetime and during armed conflict. The discussion draws on international environmental law, human rights law, the law of armed conflict, and the law of State responsibility in evaluating the extent to which States have a duty to prevent or mitigate environmental harm and remediate or compensate for any such damage caused by their military activities. The article also examines international law on liability for the injurious consequences of lawful activities, to assess whether this equitable doctrine supports shifting the clean-up costs of environmental harm to the acting State even when there is no breach of international law. The article concludes that international law requires measures be taken to prevent environmental harm and could support a claim for remediation or compensation where norms of international law have been breached. It also suggests the need to develop specific rules in peace treaties and status of forces or bases agreements, to address the consequences of environmental harm resulting from military activities.

scholarly journals EISIL: A Gateway To International Environmental Law On The Web

2005 ◽  
Vol 33 (2) ◽  
pp. 267-273
Author(s):  
Jill Watson
Keyword(s):  
International Law ◽  
World Wide ◽  
Environmental Law ◽  
Electronic Information ◽  
International Environmental Law ◽  
The World ◽  
History Of ◽  
American Society ◽  
Improve Access ◽  
Electronic Information System

Let me start with a very Brief History of Electronic Information System for International Law (EISIL). More than five years ago, the American Society of International Law (ASIL) began exploring how to bring its expertise and resources to bear on efforts to sort out and improve access to international law information on the World Wide Web. ASIL received funding from the Andrew W. Mellon Foundation in 2000 to build an international law information gateway and began the process of assessing how this might be accomplished.

scholarly journals The Dynamic Evolution of International Environmental Law

2018 ◽  
Vol 49 (4) ◽  
pp. 607
Author(s):  
Karen N Scott
Keyword(s):  
International Law ◽  
21St Century ◽  
International Institutions ◽  
Environmental Law ◽  
Dynamic Evolution ◽  
State Responsibility ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
International Legal System

This article will explore selected innovations within multilateral environmental agreements that have contributed to the dynamic evolution of international environmental law within the context of the traditional rules relating to treaties, international institutions and state responsibility. It will argue that whilst these innovations undoubtedly push and develop the boundaries of these areas of law, they do not represent a significant departure from the traditional principle of consent that underpins international law more generally. But should they? The period of modern international environmental law (from 1972 to date), which from a lawyer's perspective might be described as dynamic and innovative, has simultaneously witnessed significant and persistent environmental change and degradation across the biosphere, atmosphere and hydrosphere. The question for 21st century environmental lawyers is whether international environmental law is fit for the Anthropocene and whether there is sufficient scope for future dynamic evolution within the constraints and structures of the existing international legal system.

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.

scholarly journals State’s Responsibility over Forest and Land Fires Causing Transboundary Haze Pollution in the Frame of ASEAN Agreement

2020 ◽  
Vol 3 (1) ◽  
pp. 65-81
Author(s):  
Fajar Khaify Rizky ◽  
Suhaidi Suhaidi ◽  
Alvi Syahrin ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Fundamental Principle ◽  
The Other ◽  
State Responsibility ◽  
International Environmental Law ◽  
Asean Member ◽  
Legal Method ◽  
Haze Pollution ◽  
The Impact

This article aims to analyze the state’s responsibility over forest and land fires causing transboundary haze pollution according to the Asean Agreement on Transboundary Haze Pollution. A normative legal method is applied to help answer the problems of transboundary pollution which has been an international concern. The impact of haze pollution resulted from forest and land fires has triggered protests against Indonesian government and urged the sate’s liability as long as the impact of the haze pollution is concerned. Forest and land fires which caused transboundary haze pollution has infilcted losses and damage not only in Indonesia but also in other neighbouring countries, such as Malaysia and Singapore. State responsibility is a fundamental principle in international law applied when a country has violated boundaries, either directly or indirectly, which is harmful to other countries. In international environmental law, tansboudary air pollution caused by forest and land fires is contrary to the principles of international environmental law resulting in a state responsibility responsibility or liability. While responsibility refers to a legally regulated responsibility and the concept of international law, the liability refers to the indemnification of the other party’s loss. As a result of forest and land fires causing transboundary haze pollution, ASEAN member countries have agreed to form an AATHP (ASEAN Agreement on Transboundary Haze Pollution) agreement aiming at preventing and mitigating transboundary haze pollution

scholarly journals Stratospheric ozone measurements at Arosa (Switzerland): History and scientific relevance

2017 ◽  
Author(s):  
Johannes Staehelin ◽  
Pierre Viatte ◽  
Rene Stübi ◽  
Fiona Tummon ◽  
Thomas Peter
Keyword(s):  
Ozone Depletion ◽  
Climate Models ◽  
Stratospheric Ozone ◽  
Cost Savings ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
Global Environmental Policy ◽  
History Of ◽  
Ozone Depleting Substances ◽  
Column Ozone

Abstract. In 1926 the stratospheric ozone measurements of the Light Climatic Observatory (LKO) of Arosa (Switzerland) started, marking the start of the world's longest total (or column) ozone measurements. These measurements were driven by the recognition of the importance of atmospheric ozone for human health as well as by scientific curiosity in this by then not well characterized atmospheric trace gas. Since the mid-1970s ground-based measurements of stratospheric ozone have also been justified to society by the need to document the effects of anthropogenic Ozone Depleting Substances (ODSs), which cause stratospheric ozone depletion. Levels of ODSs peaked around the mid-1990s as a result of a global environmental policy to protect the ozone layer implemented by the 1987 Montreal Protocol and its subsequent amendments and adjustments. Consequently, chemical ozone depletion caused by ODSs stopped worsening around the mid-1990s. This renders justification for continued ozone measurements more difficult, and is likely to do so even more in future, when stratospheric ozone recovery is expected. Tendencies of increased cost savings in ozone measurements seem perceptible worldwide, also in Arosa. However, the large natural variability in ozone on diurnal, seasonal and interannual scales complicates to demonstrate the success of the Montreal Protocol. Moreover, chemistry-climate models predict a “super-recovery” of the ozone layer in the second half of this century, i.e. an increase of ozone concentrations beyond pre-1970 levels, as a consequence of ongoing climate change. This paper presents the evolution of the ozone layer and the history of international ozone research and discusses the justification of these measurements for past, present and future.

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.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

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