Non-state actors in international environmental law

Author(s):  
Makane Moïse Mbengue
Author(s):  
Angstadt J Michael ◽  
Betsill Michele

This chapter describes non-state actors (NSAs), which encompass a range of entities that collectively extend international environmental law beyond traditional state authority in numerous regimes. Characterized by considerable breadth and diversity, NSAs exist within the traditional, state-centric treaty architecture while simultaneously contesting its structure. Because diverse institutional actors can satisfy the definition of ‘non-state actor’, the chapter analyses a subset of NSAs: non-governmental organizations (NGOs). It first defines NGOs, identifying some common characteristics that influence their ability to advance international environmental law, and noting fundamental criteria used to distinguish among NGOs. The chapter then discusses three key functions that NGOs perform in contemporary international environmental law: serving as activists engaged in agenda-setting functions; performing diplomacy to shape and facilitate international rule-making processes; and contributing to rule-making, implementation, and enforcement in contemporary global governance. It concludes by forecasting strong continued NGO participation in developing non-treaty international environmental law.


Author(s):  
Catherine Redgwell

National implementation constitutes a key element in ensuring compliance with international environmental law. It plays a dominant role in ensuring non-state actors' compliance with international environmental norms, particularly where international environmental law has been translated, directly or indirectly, into national law. It may also afford opportunities for non-state actors to successfully challenge national implementation of international environmental law through judicial review, national rules on standing and remedies permitting. This article considers the trends in domestic judicial enforcement, and the role that national courts play in both developing and enforcing international environmental law. It also examines the nature of the international norms in question, as well as the impact that this factor exerts on national implementation (both legislative and judicial), drawing upon the extensive literature on implementation and compliance with international environmental law. Finally, the article looks at the extent of reliance upon national measures of implementation under different treaties, the impact of domestic constitutional legal orders on implementation, and soft law instruments.


2010 ◽  
Vol 79 (1) ◽  
pp. 35-74 ◽  
Author(s):  
David Ong

AbstractThis article assesses the contribution of a 'transnational', non-State actor agreement, namely, the 'Equator Principles', in terms of its possible contribution to both the making and implementation of international environmental law. It examines the provenance of the 'Equator Principles', as well as how far these Principles purport to interpret and apply important international environmental principles. While several formal difficulties remain to be overcome, this article considers the case for the inclusion of significant transnational, non-State actors like the Equator Banks and their agreements, such as the 'Equator Principles', within the international legal system as a further and alternative means of implementing these important environmental principles.


Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales

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