2. International Governance and the Formulation of Environmental Law and Policy

This chapter examines the institutions of global governance responsible for formulating and implementing international environmental policy and law. It starts by defining global governance as a continuing process via which conflicting or diverse interests may be accommodated. This provides the environment where cooperative action may be taken. Global governance includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements. In this situation, there is no single model or form of global governance, nor is there a single structure or set of structures. Global governance, therefor, is a broad, dynamic, complex, process of interactive decision-making. The chapter also looks at the differences in international environmental policy and law today compared to when this book first published twenty-five years previously.

“Paradiplomacy” and International Environmental Policy

This paper examines the phenomenon of “paradi-plomacy” and its implementation in international environmental policy. The genesis of the studied concept is traced in the process of the academic discussion of three approaches: Soldatos/Duchacek, Der Derian, Hoking. The practical implementation of this phenomenon in the framework of the work of paradiplomatic organizations in the field of envi-ronmental policy is considered. A comparative anal-ysis of the history of development and practical ac-tivities of two international organizations: Regions4 and Northern Forum is carried out. In general, given the objective differences and unique features, one can note common challenges for such structures in the form of a lack of political opportunities and lack of financial independence. Overcoming these limita-tions seems realistic only through their evolutionary integration into the global complex system of envi-ronmental policy: cooperation of paradiplomatic organizations with the system of international insti-tutions (UN and its structures, EU, EAEU, etc.); greater subordination within the global hierarchical structure; strengthening bottom-up mechanisms so that regional representatives have the opportunity to speak out and be heard on issues of importance to them.

The Role of the United Nations Environment Assembly in Emerging Issues of International Environmental Law

This article takes a closer look at the scientific, policy and catalytic functions of the United Nations Environment Programme (UNEP) and its Assembly (UNEA) and UNEA’s role in addressing emerging issues in international environmental policy and law by examining two concrete examples. The first shows how UNEA was able to contribute to the international environmental law on mercury: UNEA played a catalytic policy role by contributing to the development of international soft law, customary law, and treaty law. Further, UNEA played a policy shaping role by influencing the further development of key international environmental law principles in the negotiations of new environmental norms in other fora. The second example describes UNEA’s unsuccessful attempt to address geoengineering. Building on the two examples, the article identifies factors that support or impede the fulfilment of UNEA’s role in addressing emerging issues of international environmental policy and law.