Reflections on a decade of change in international environmental law

2021 ◽  
Vol 10 (1) ◽  
pp. 6-31
Author(s):  
Lavanya Rajamani ◽  
Jacqueline Peel
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Global Regulation ◽  
International Environmental Law ◽  
Law And Politics ◽  
Law And Policy ◽  
Emerging Trends ◽  
Fit For Purpose ◽  
Geopolitical Context

This article examines the profound ways in which international environmental law has evolved over the last decade in response to a shifting geopolitical context, as well as a better understanding of the possibilities and limits of global regulation to address complex, polycentric and intractable environmental harms. It identifies as emerging trends in the field the maturation of the customary norms and fundamental principles of international environmental law, in addition to changes in its modes of implementation and the actors involved in those processes. This article also highlights the increasing activity at the interface with other fields of law and policy that has expanded the sites at which international environmental law is made, applied and implemented. It concludes by asking whether this body of international law remains ‘fit for purpose’ as it seeks to adapt to constraints on its nature and operation imposed by the current architecture of international law and politics.

Formality and Informality

2008 ◽  
Author(s):  
Stephen J. Toope
Keyword(s):  
International Law ◽  
Common Core ◽  
Environmental Law ◽  
Soft Law ◽  
International Environmental Law ◽  
Central Focus ◽  
Law And Politics ◽  
The Common ◽  
Contested Terrain ◽  
No Man's Land

This article explores contested terrain in the no-man's land between international law and politics – the work of ‘norms’ in social, including legal, change. International environmental law has served as the crucible for much of the theoretical debate, and a central focus of this debate has been on the effectiveness of various types of formal norms and informal norms. The common core of the concept of ‘norm’ is that the desideratum contained in the norm is intended to influence human behaviour. Since norms operate in many different ways, they relate to the concepts of formality and informality differentially as well. Norms can be formal rules of law, but they can also be informal social guides to proper conduct. More surprisingly, they can be informal and precise as well as informal and vague; formal and precise as well as formal and vague. This article concludes by tying together the theoretical insights traced out earlier in the light of ‘soft law’ discourse in international environmental law.

scholarly journals HAK BIOKULTURAL MASYARAKAT DALAM KEBIJAKAN KONSERVASI SUMBER DAYA HAYATI

2021 ◽  
Vol 2 (2) ◽  
pp. 95-109
Author(s):  
Rika Fajrini
Keyword(s):  
International Law ◽  
Conservation Management ◽  
Environmental Law ◽  
Current Policy ◽  
International Environmental Law ◽  
Law And Policy ◽  
Concrete Action

AbstrakTulisan ini akan membahas mengenai perkembangan hak biokultural dalam hukum internasional dan bagaimana kebijakan dan hukum konservasi Indonesia mengakomodasi hak biokultural masyarakat. Dari penelitian ini ditemukan bahwa hak biokultural masyarakat adat dan masyarakat lokal sudah mendapatkan pengakuan di beberapa instrumen hukum lingkungan internasional. Peraturan konservasi Indonesia pun telah mengakui hak biokultural masyarakat yang biasa diasosiasikan dengan kearifan lokal dan hak ulayat. Namun sejauh mana pengakuan ini diwujudkan dalam tindakan dan mekanisme konkrit di lapangan masih memerlukan perbaikan. Kebijakan konservasi saat ini pun lebih menempatkan negara sebagai aktor utama konservasi, hal ini membuat konservasi yang berbasis pengampuan masyarakat menjadi terabaikan. AbstractThis paper will discuss about the development of biocultural right in international environmental law and how Indonesia policy and law on conservation accomodates communities biocultural right. This research found that biocultural right have been recognized in several international law instrument and jurisprudence. Meanwhile, Indonesia law and policy on conservation also have acknowledge biocultural right which is usually associated with the term of local wisdom and customary right, However, improvement is still needed in term of translating this regulation into concrete action and system of conservation management. The current policy conservation centered around state as the main actor, this situation make the conservation based on community’s stewardship is neglected.

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.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

10. International environmental law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

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