A New Environmental Charter for the Future

2021 ◽  
pp. 1-9
Author(s):  
Yann Aguila ◽  
Lionel Chami
Keyword(s):  
Environmental Governance ◽  
International System ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Basic Principles ◽  
International Environmental Governance ◽  
Global Environmental ◽  
Technical Vision ◽  
The Future ◽  
Global Agreement

The environmental crisis compels humanity to redefine its relationship with nature. This calls for the principles that would guide the new pathway to be outlined and enshrined into a global treaty. An environmental charter for the future would serve the purpose of a social contract and define the norms which would allow humanity to coexist with its natural environment. In this context, this chapter argues that faith in the international system could be restored by a global agreement on the basic principles which are to guide the new system for international environmental governance. It will thus first focus on (i) exposing the merits of principles in a legal system, (ii) tackling the purely technical vision that weakens both the creation and implementation of international environmental law and (iii) finally, it will make the case for a global environmental charter that would enshrine fundamental principles and rejuvenate the values that founded the international system.

A New Environmental Charter for the Future

2021 ◽  
Author(s):  
Yann Aguila ◽  
Lionel Chami
Keyword(s):  
Environmental Governance ◽  
International System ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Basic Principles ◽  
Global Environmental ◽  
Technical Vision ◽  
The Future ◽  
Global Agreement ◽  
New System

The environmental crisis compels humanity to redefine its relationship with nature. This calls for the principles that would guide the new pathway to be outlined and enshrined into a global treaty. An environmental charter for the future would serve the purpose of a social contract and define the norms which would allow humanity to coexist with its natural environment. In this context, this article argues that faith in the international system could be restored by a global agreement on the basic principles which are to guide the new system for international environmental governance. It will thus first focus on (i) exposing the merits of principles in a legal system, (ii) tackling the purely technical vision that weakens both the creation and implementation of international environmental law and (iii) finally, it will make the case for a global environmental charter that would enshrine fundamental principles and rejuvenate the values that founded the international system.

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Institution Building ◽  
International Environmental Law ◽  
Agenda 2030 ◽  
United Nations General ◽  
Global Environmental ◽  
Rules And Principles ◽  
United Nations General Assembly

The global environmental conferences convened by the United Nations General Assembly (UNGA) during the last fifty years have contributed to the development of international environmental law and institution-building. Yet, given the deteriorating state of the global environment they are but one element of international environmental governance. While they were important to bring environmental issues to the attention of states, the time for agenda-setting seems over. Rather the international community must move on to the implementation of existing binding and non-binding rules and principles. While the UNGA continues to play an important role in the context of sustainable development and the Agenda 2030 process and is, indeed a stable platform for international cooperation on environmental issues, it seems that the time for comprehensive global environmental conferences may have come to an end, unless more innovative mechanisms for the implementation of international environmental law and policy are brought forward.

scholarly journals Mapping post-Brexit environmental law

ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Legal Recognition ◽  
The Future ◽  
Policy Objectives ◽  
The Uk ◽  
The Eu ◽  
Future Position ◽  
The Way

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.

scholarly journals What We Know (and Could Know) About International Environmental Agreements

2020 ◽  
Vol 20 (1) ◽  
pp. 103-121
Author(s):  
Ronald B. Mitchell ◽  
Liliana B. Andonova ◽  
Mark Axelrod ◽  
Jörg Balsiger ◽  
Thomas Bernauer ◽  
...  
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Teaching Tool ◽  
Environmental Agreements ◽  
Design Features ◽  
International Environmental Law ◽  
International Environmental Governance ◽  
Graduate Teaching ◽  
Research Questions

Initiated in 2002, the International Environmental Agreements Data Base (IEADB) catalogs the texts, memberships, and design features of over 3,000 multilateral and bilateral environmental agreements. Using IEADB data, we create a comprehensive review of the evolution of international environmental law, including how the number, subjects, and state memberships in IEAs have changed over time. By providing IEA texts, the IEADB helps scholars identify and systematically code IEA design features. We review scholarship derived from the IEADB on international environmental governance, including insights into IEA membership, formation, and design as well as the deeper structure of international environmental law. We note the IEADB’s value as a teaching tool to promote undergraduate and graduate teaching and research. The IEADB’s structure and content opens up both broad research realms and specific research questions, and facilitates the ability of scholars to use the IEADB to answer those questions of greatest interest to them.

Public Participation in Global Environmental Governance and the Equator Principles: Potential and Pitfalls

2012 ◽  
Vol 13 (12) ◽  
pp. 1386-1411 ◽  
Author(s):  
Kirsten Mikadze
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Global Environment ◽  
Global Environmental Governance ◽  
International Environmental Law ◽  
Hard Law ◽  
Global Environmental ◽  
Equator Principles ◽  
Global Environmental Issues

Despite the increasing urgency of global environmental issues, international environmental law continues to struggle for relevancy and effectiveness. Even as legal efforts have intensified, the global environment has continued to deteriorate. In particular, state-centric, multilateral “hard law” instruments have proven an increasingly ineffectual means of regulating the global environment.

scholarly journals GLOBAL ISSUES OF ENVIRONMENTAL LAW ENFORCEMENT IMPACTS ON SUSTAINABLE DEVELOPMENT

2021 ◽  
Vol 5 (1) ◽  
pp. 56-62
Author(s):  
Sopian . ◽  
Sri Rahayu Pudjiastuti
Keyword(s):  
Sustainable Development ◽  
Law Enforcement ◽  
Deviant Behavior ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Political Commitment ◽  
Real Form ◽  
Global Issues ◽  
Global Environmental ◽  
Research Show

The global environmental crisis is caused by wrong and failed policies, low political commitment, deviant behavior from state actors ranging from trans-national corporations, consumerism and individualism culture, which ultimately harms the environment. The purpose of this research is to analyze environmental law, the form and importance of law enforcement in realizing sustainable development. The method used in this paper is to use a normative juridical approach. The results of the research show that currently environmental law is still weak in overcoming various environmental problems that occur. The cause of not optimal environmental law is the lack of a firm and real form of law enforcement. Therefore, law enforcement must be enforced for the realization of sustainable development

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
pp. 1-12
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Treaties ◽  
Human Environment ◽  
Progressive Development ◽  
Existing Structures ◽  
Law And Policy ◽  
Global Environmental ◽  
The Status ◽  
Further Development

It has been nearly 50 years since the pioneering first global UN Conference on Human Environment was organized in Stockholm in 1972. After that, several global conferences took place over the last decades. Some of them have been praised for their contribution to shaping international environmental institutions and international treaties; others have passed almost unnoticed by the wider public. Yet, these global environmental conferences have cumulatively provided the foundations for the development of international environmental policies and the progressive development of law. In the light of ongoing environmental degradation in the ‘Anthropocene,’ the further development of environmental governance seems more important than ever. Hence, this chapter seeks to examine how this future pathway would look like as regards the technique of global environmental conferences have hitherto shaped the existing structures of international environmental governance. It surmises that the UNGA could be described as an anchor that merely maintains the status quo of international environmental law and policy.

Global Environmental Governance as Administration

2008 ◽  
Author(s):  
Benedict Kingsbury
Keyword(s):  
Global Governance ◽  
Environmental Governance ◽  
Environmental Law ◽  
Analytical Framework ◽  
Public Law ◽  
Normative Values ◽  
Trade Offs ◽  
Global Environmental ◽  
Network Administration ◽  
Shed Light

This article argues for the analysis of global and transnational environmental governance as administration to shed light on some important but neglected themes in international environmental law scholarship. First, it outlines several basic administrative concepts that call for analysis under such an approach (delegation, accountability, deliberation and reason giving, dynamic effects, general versus specific norms), then sets forth an analytical framework of five structures of administration in global governance, namely: distributed administration, international administration, inter-governmental network administration, hybrid administration, and private administration. Normative appraisal in administrative law is often conducted by reference to basic public law values, such as legality, proportionality, rationality, accuracy, effectiveness, efficiency, and respect for basic rights. Political theory inquiries into democracy and legitimacy in global governance may be given more applied purchase by distilling normative values and implicit trade offs, embodied in such legal-administrative components as transparency, notification, participation, reason giving, and review. Inflections in the design and operation of different administrative systems may have impacts on distributive outcomes, procedural fairness, and other elements of justice.

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