scholarly journals ON THE ISSUE OF THE EFFECTIVENESS OF INTERNATIONAL ENVIRONMENTAL LAW

2020 ◽  
Vol 16 (4-2) ◽  
pp. 157-164
Author(s):  
Зиля Юсупова ◽  
Наталья Мухаметгареева
Keyword(s):  
Scientific Method ◽  
Environmental Law ◽  
Environmental Standards ◽  
Short Term ◽  
International Environmental Law ◽  
Legal Norms ◽  
Effective Implementation ◽  
Special Scientific ◽  
International Obligations ◽  
Negative Factors

In the modern conditions of the continuing deterioration of the global environment, the issue of the effectiveness of international environmental law is especially relevant. Purpose: to study the negative factors that hinder the effective implementation of international environmental standards. Methods: the authors use empirical methods of comparison, description, interpretation; they analyze international documents in the field of environmental protection; they apply a special scientific method of interpreting legal norms. Results: the authors conclude that international environmental law in spite of all its advances has several fundamental problems. They are the diversity and congestion of international environmental standards; the slowness of diplomatic negotiations in concluding environmental treaties, due to the short-term interests of states, such negotiations rarely lead to binding agreements; the adoption of an environmental standard does not guarantee its implementation, since the mechanisms for monitoring its application are not binding. The authors make a point that a civil society should demand from its state to comply with its international obligations in the environmental sphere.

scholarly journals Some challenges of treaty regulation of international relations in the field of environmental protection

Lex Russica ◽  
2019 ◽  
pp. 45-59
Author(s):  
O. I. Ilyinskaya
Keyword(s):  
International Relations ◽  
Environmental Protection ◽  
Heterogeneous System ◽  
Environmental Law ◽  
Rapid Progress ◽  
Environmental Standards ◽  
International Treaties ◽  
International Environmental Law ◽  
Framework Agreement ◽  
Spontaneous Formation

International agreements and treaties in the field of environmental protection concluded in the 19th — first half of the 20th century, were, as a rule, the result of forced compromises, they were intended to solve urgent problems that had appeared or, at least, drew attention to limited areas (for example, the threat to a certain species, pollution of a marine area). In such cases, a convention was adopted to protect an endangered species or to limit emissions into the sea. As a result of this fragmented approach to environmental protection, an impressive but very heterogeneous system of conventions has emerged. Understanding of the unity of ecosystems implemented in the development of principles enshrined in the Stockholm Declaration of 1972 and the Rio Declaration of 1992 took place largely due to the rapid progress of science and technology. As a result, there has been a transition from “spontaneous” formation of international environmental standards to their consolidation around special principles of international environmental law. Also, a notable feature of many international treaties in the field of environmental protection — their “framework” character — is further analyzed. The adoption of framework agreements leads to the formation of complex sets of conventional documents consisting of several different, but in a certain way related to each other agreements. Considering the question of the effectiveness of such a legal instrument as a framework agreement, the author concludes that the origins of the problem of insufficient effectiveness of agreements in the field of environmental protection lie in the foundations of the existing economic system.

scholarly journals The Legitimacy of International Governance: A Coming Challenge for International Environmental Law?

1999 ◽  
Vol 93 (3) ◽  
pp. 596-624 ◽  
Author(s):  
Daniel Bodansky
Keyword(s):  
Decision Making ◽  
International Institutions ◽  
Environmental Law ◽  
Central Issue ◽  
International Governance ◽  
International Level ◽  
Environmental Standards ◽  
International Environmental Law ◽  
Environmental Process

This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international level, the question of legitimacy will likely emerge from the shadows and become a central issue in international environmental law. This article seeks to clarify the nature of the legitimacy challenge and to survey possible sources of legitimacy for international institutions.

Transboundary Impacts

2008 ◽  
Author(s):  
Günther Handl
Keyword(s):  
Environmental Impact ◽  
Natural Resources ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Global Commons ◽  
Legal Norms ◽  
Global Nature ◽  
Physical Effects ◽  
International Responsibility

Although transboundary impact might be understood to include effects ranging from political and economic to ideological or intangible ones, in international environmental legal discourse the notion is generally understood to involve transboundary physical effects. Transboundary impacts in this former, wider sense may be subject to special treaty regimes, which, however, bear only indirectly on international environmental law. This article examines legal norms applicable to transboundary impacts on other individual states or group of states, their territory, natural resources, and people to the exclusion of transboundary effects of a global nature or affecting the global commons only. Much of international law governing transboundary impacts has an essentially bilateralist grounding. By contrast, norms applicable to the global commons more typically reflect the notion of an international communitarian interest in environmental protection. This article also considers transboundary environmental impacts in international law, international responsibility and liability for transboundary impacts, and the institutionalisation of transboundary environmental impact management.

Part VIII Compliance, Implementation, and Effectiveness, Ch.55 Technology Assistance and Transfers

2021 ◽  
Author(s):  
Alam Shawkat
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Environmental Law ◽  
International Environmental Law ◽  
Effective Implementation ◽  
Technology Transfers

This chapter highlights the role of technological assistance and transfers in international environmental law. At its heart, technology transfers aim to address the inequitable distribution of costs and benefits that have occurred between developed and developing countries under conventional patterns of economic growth. This has been reflected through a range of international environmental law instruments. However, despite the prevalence of technology provisions in international environmental law, there remains a lack of effective implementation. This can be attributed, in part, to the tension between technology transfers and the protection of intellectual property rights. Direct confrontation between the intellectual property and technology transfer regimes has been side-stepped, but there remains a strong need to seek complementarity between the two systems.

4. State Responsibility, Treaty Compliance, and Dispute Settlement

2021 ◽  
pp. 220-281
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Dispute Settlement ◽  
Traditional Approach ◽  
Environmental Law ◽  
State Responsibility ◽  
International Environmental Law ◽  
Legal Proceedings ◽  
Applicable Law ◽  
Treaty Compliance ◽  
International Obligations ◽  
Technical Character

This chapter looks at the number of ways that secure compliance with international environmental law can be employed. The more traditional approach to this subject is the familiar one of interstate claims for breach of international obligations, employing the variety of forms of dispute settlement machinery contemplated in Article 33 of the UN Charter. There are a number of disadvantages to enforcing international environmental law in this manner, particularly if it involves compulsory resort to judicial institutions. The chapter outlines these disadvantages which include the adverse effect on relations between the relevant states; the complexity, length, and expense of international litigation; the technical character of environmental problems, and the difficulties of proof which legal proceedings may entail, and uncertainty concerning jurisdiction and applicable law in legally complex disputes.

scholarly journals Transnationalism, Unilateralism and International Law

2011 ◽  
Vol 1 (1) ◽  
pp. 31-41 ◽  
Author(s):  
Gregory Shaffer ◽  
Daniel Bodansky
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The Self ◽  
Legal Process ◽  
International Environmental Law ◽  
Legal Norms ◽  
Trade Offs ◽  
The Impact ◽  
Do So

AbstractWhen we speak of transnational environmental law and legal process, we are concerned with the migration and impact of legal norms, rules and models across borders. Such migration can occur through the mediation of international law and institutions, or through the impact of unilateral legal developments in one jurisdiction that affect behaviour in others. The paper discusses the importance of assessing transnational environmental law in light of the constraints facing consent-based international environmental law, examines the trade-offs between transnational and international environmental law from the perspective of legitimacy, and concludes by discussing the important but delicate relation of international law to transnational environmental law as both a check and a consolidator. International law should guard against the self-serving unilateral use of transnational environmental law, but it should do so in a way that preserves (and does not shut off) the dynamic, responsive character of the transnational environmental law process. Otherwise international law itself will be delegitimized.

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.

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