International Environmental Law-Making Process

2021 ◽  
pp. 1-20
Author(s):  
Bharat H. Desai
Keyword(s):  
Ad Hoc ◽  
Environmental Law ◽  
Critical Time ◽  
Scientific Uncertainty ◽  
International Environmental Law ◽  
Economic Interests ◽  
Making Sense ◽  
Political Realities ◽  
Specialized Institution ◽  
Law Making

The chapter seeks to make a modest effort in making sense of the international environmental law-making process. It comprises the subtle normative process currently at work, including ‘global conferencing’ technique resorted to by the UN General Assembly how it draws upon the basic legal underpinnings of international law, the unique treaty-making enterprise at work, and what this enormous legal churning process portends for the protection of the global environment at this critical time of perplexity in the Anthropocene epoch. It calls for taking serious cognizance of mass destruction of plant and animal species, heavy pollution of fresh water resources, choking of the oceans with plastic and other litter, and alteration of the atmosphere, among other lasting impacts that imperil our only abode Earth. International environmental law-making process is ad hoc and piecemeal and is generally understood to be the product of a lack of a single, central specialized institution having expertise on the subject, scientific uncertainty on many environmental issues, and the hard-headed economic interests of sovereign states. Still, the international environmental law-making process with its inherent resilience could possibly be able to adapt to the vagaries of scientific assessments and the political realities of in the future.

International Environmental Law-Making1

2021 ◽  
Author(s):  
Bharat H. Desai
Keyword(s):  
Ad Hoc ◽  
Environmental Law ◽  
Critical Time ◽  
Scientific Uncertainty ◽  
International Environmental Law ◽  
Economic Interests ◽  
Making Sense ◽  
The Subject ◽  
Political Realities ◽  
Law Making

The article seeks to make a modest effort in making sense of the international environmental law-making process. It comprises the subtle normative process currently at work, including ‘global conferencing’ technique resorted to by the UN General Assembly, how it draws upon the basic legal underpinnings of international law, the unique treaty-making enterprise at work, and what this enormous legal churning process portends for the protection of the global environment at this critical time of perplexity in the Anthropocene epoch. It calls for taking serious cognizance of mass destruction of plant and animal species, heavy pollution of fresh water resources, choking of the oceans with plastic and other litter, and alteration of the atmosphere, among other lasting impacts that imperil our only abode Earth. International environmental law-making process is ad hoc and piecemeal and is generally understood to be the product of a lack of a single, central specialized institution having expertise on the subject, scientific uncertainty on many environmental issues, and the hard-headed economic interests of sovereign states. Still, the international environmental law-making process with its inherent resilience could possibly be able to adapt to the vagaries of scientific assessments and the political realities of in the future.

scholarly journals Treaty-Making and Treaty Evolution

2008 ◽  
Author(s):  
Thomas Gehring
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Law ◽  
Normative Development ◽  
Single Output ◽  
Environmental Treaty ◽  
Different Types ◽  
The Law ◽  
Law Making ◽  
Institutional Fragmentation

This article examines how the establishment and operation of environmental treaty systems helps to create and develop international environmental law. It inquires into the emergence of environmental treaty systems and identifies two characteristics of the evolving law-making structure: first, the ‘constitutionalisation’ of treaty systems through the creation of new structures for the making of international environmental law, and, second, the institutional fragmentation of international environmental governance. The article then considers the policy-making dimension of environmental treaty systems and identifies three areas of intra-institutional activity relevant to the law-making process: broadening and tightening commitments over time; elaborating upon, and in some cases redefining, existing obligations through an administrative process; and undertaking scientific and technical assessments to reinforce and accelerate normative development. It also explores the output of the law-making process, arguing that different types of law emerge. Whereas regular treaty law is still the most important single output of environmental law-making, it is supplemented by law emerging from simplified amendment procedures and secondary decisions of competent treaty bodies.

Business

2008 ◽  
Author(s):  
Steven R. Ratner
Keyword(s):  
International Law ◽  
International Business ◽  
Environmental Law ◽  
International Environmental Law ◽  
Legal Obligations ◽  
Monitoring And Enforcement ◽  
Key Issues ◽  
Business Entities ◽  
International Profile ◽  
Law Making

Business has a central role in international environmental law. Both treaties and treatises regard private economic actors as secondary players, and see states as the overwhelmingly dominant targets and prescribers of environmental law. This article examines the roles and goals of business entities with respect to international environmental law. It then considers how international law has accommodated the place of business in environmental policy with respect to two key issues: corporations as the target of legal obligations; and corporations as participants in the process of international environmental law, particularly with respect to law making and implementation. The article also looks at business-initiated non-governmental organisations, both those composed of, or representing, businesses within one state, as well as those with a more international profile. It examines business and environmental regulation, focusing on two visions of international business. Finally, the article analyses business as the target of international environmental law duties, civil liability conventions, soft regulation, corporations as prescribers of norms, monitoring and enforcement of business behaviour, and litigation.

Non-Governmental Organizations and Civil Society

2008 ◽  
Author(s):  
Peter Spiro
Keyword(s):  
Civil Society ◽  
International Law ◽  
Environmental Law ◽  
World Politics ◽  
International Environmental Law ◽  
International Regulation ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Non Governmental Organizations ◽  
Law Making

Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For political leaders and scholars alike, NGOs' place and legitimacy as independent global actors remains contested. International environmental law making has presented a useful vehicle for the study of NGOs and civil society in this new global context. Along with human rights, international environmental law stands at the forefront of international law making. A relatively new area of intensive international regulation, its institutional features are thus only now being mapped out, and can reflect the evolving role of NGOs in a way that more entrenched regimes cannot. This article examines major theoretical approaches to NGO participation in international law, both generally and with specific application to international environmental law. It also considers their place in liberal theory, focusing on NGOs as stakeholders acting through international institutions and as freelancers acting through the marketplace.

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