The Global Environment and International Law

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UPDATE: A Basic Guide to International Environmental Legal Research - GlobaLex

Minamata Convention. There are numerous treaty indexes for historical U. In some instances, these treaty indexes are available in print and online. The following list of indexes and helpful online collections is not exhaustive, but the list includes comprehensive portals for international environmental legal research:.

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In addition to locating the appropriate treaties and agreements for research in international environmental law, a researcher then needs to uncover any national laws of the foreign nations involved in a research question. Therefore, the following sources can help provide background information about the legal systems of countries of the world or links to the national laws of foreign nations.

The following list provides essential resources for uncovering national laws, more specifically, for international environmental law:. Before researching primary law, such as treaties and agreements and laws of the nations of the world, researchers might also consult their library catalog to uncover helpful treatises, books, or nutshells and basic background texts to better understand this area of international law.

The following search terms and Library of Congress subject headings are successful when researching library catalogs:. In addition to the above categories, which are not comprehensive but give the researcher a head start, it is useful to search terms in the title of the international environmental agreement of focus or also search sub-topics of international environmental law. To begin, a researcher could use terms from any of the sub-topics listed above in Section III. In Lexis, the following databases are helpful for research in international environmental law:. In Westlaw ,the following databases are helpful for international environmental legal research:.

Public International Law: International Environmental Law

There are many law journals, both domestic and international, which are devoted exclusively to environmental issues. These titles include the following prominent publications:. All of the above indexes and databases are helpful for locating international law and interdisciplinary journal articles related to international environmental law.

There are numerous comprehensive portals and research guides for international environmental law, which can help guide a researcher during research. The following is a selective list of some of the most helpful and comprehensive websites for research on this topic:. Because of the many sub-topics in international environmental law, some of these international environmental organizations are focused on a specialty topic in environmental law and only address limited sources for that topic.

The following are helpful websites of organizations or institutes for expanding research to both secondary sources of law and statistics:. The collection is edited by the Human Rights Internet in Ottawa. It contains documents from onwards and is updated annually. The collection can be searched or browsed by broad topic, and then narrowed by eg: place and date. Ecolex - the Gateway to Environmental Law. This open access online database provides full text access to treaties and environmental law cases in international courts, and an index to books and journal articles on international environmental law topics.

It also includes domestic legislation and cases. The database has a sophisticated search engine which can be interrogated using multiple criteria. The Law Library has access to many print and electronic IEL journals and yearbooks, some of which are listed below. However, the best way to find scholarly and law review articles on your IEL topic is to do keyword searches in databases that include hundreds of law journals and yearbooks.

The links below will take you to the catalogue records from where the full text of the journals can be accessed. Sustainable Development Law - from Globalex. Public International Law: International Environmental Law This guide will help you find resources for researching public international law. What is International Environmental Law?

This declaration represented a first major attempt at considering the global human impact on the environment, and an international attempt to address the challenge of preserving and enhancing the human environment. Practitioners have noted that an agreed statement of principles would clarify obligations of corporate social responsibility, indicate international minimum standards, and create a level playing field for their clients. Many of the draft GPE articles have long been accepted law. For these, it is the specific choice of words that may be debated.

Laws and institutions

They include obligations, expressed in GPE Article 5 Prevention , to prevent transboundary environmental harm, to prepare environmental impact assessments where a significant adverse transboundary environmental impact is likely, and to use due diligence in implementing such activities also in Article The provision on environmental harm, Article 7, is phrased in new language but it embodies the customary international law obligation of reparation and the duty to notify other states of natural disasters or emergencies.

The related rule that the polluter must pay for some harm, Article 8, and Article 18 on the duty to cooperate, are, likewise, already understood as rules of customary law. Recognition that states are differently circumstanced and that sometimes their obligations will be implemented in different ways is commonplace in modern treaties and appears here as Article The right to an ecologically sound environment, Article 1, appears in many national constitutions and some international declarations and decisions.

Some articles are widely referenced as guiding principles in international environmental agreements and are used as interpretative rules by international courts. Article 4 requires consideration of intergenerational equity in decisions and actions.

Laws and institutions

Three newer principles reflect the concerns and practices of recent years. Article 14 says that states shall encourage non-state actors to implement the GPE. Cities' participation in the Paris Agreement illustrates this concept. Recognition of our time as the Anthropocene era gives rise to the resilience principle, Article 16, focused on the ability of ecosystems and human communities to withstand, recover from, and adapt to environmental disruptions and degradation.

The non-regression principle, Article 17, prohibits reducing a preexisting degree of protection, with precursors in the Stockholm Declaration on the Human Environment and in Belgian law. The GPE Working Group process and a possible treaty will clarify the status and content of environmental law norms. It may function in a manner similar to the ILC or the International Law Association, elucidating the content, status, meaning and application of the principles to reach an agreement that will strengthen the rules. As a diplomatic process, the Working Group's work will promote political buy-in, in contrast to the independent expert opinions offered by ILC and International Law Association scholars and practitioners. Should the GPE evolve into a treaty, it would mark widespread agreement on which principles are binding law and which are soft law.

However, the form of a treaty alone does not guarantee a norm is binding.

Environmental Law: A Very Short Introduction - Elizabeth Fisher
The Global Environment and International Law The Global Environment and International Law
The Global Environment and International Law The Global Environment and International Law
The Global Environment and International Law The Global Environment and International Law
The Global Environment and International Law The Global Environment and International Law
The Global Environment and International Law The Global Environment and International Law
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