International Environmental Law

2021 ◽  
Author(s):  
Donald K. Anton
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Complex Relationship ◽  
International Environmental Law ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

Customary International Law

2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Keyword(s):  
General Practice ◽  
International Law ◽  
Complex Relationship ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

scholarly journals The Requisite Rigour in the Identification of Customary International Law

2017 ◽  
Vol 19 (1) ◽  
pp. 9-46 ◽  
Author(s):  
Noora Arajärvi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Special Rapporteur ◽  
Customary International Law ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

Over the last few decades, the methodology for the identification of customary international law (cil) has been changing. Both elements of cil – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This contribution discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (unga), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of cil, and the role of the unga resolutions. The underlying motivation is to assess the real or perceived crisis of cil, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of cil must be carefully asserted.

Climate Law and Its Skeptics: Whither Protection of the Atmosphere?

2021 ◽  
Author(s):  
Peter H. Sand
Keyword(s):  
Climate Change ◽  
International Law ◽  
Future Prospect ◽  
Environmental Law ◽  
Common Interest ◽  
International Environmental Law ◽  
International Law Commission ◽  
Further Development ◽  
Law Commission

‘Climate change law’ is considered by a number of legal scholars as an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one; or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over considerable academic scepticism at the time. Not un-similarly, the ongoing new project of the UN International Law Commission (ILC) for the drafting of guidelines on “protection of the atmosphere” has met with resistance from a few powerful States claiming that there is no need for further codification of international law in this field. Yet, considering our common interest in conserving the quality of the Earth’s atmosphere and climate, the ILC project may indeed encourage further development of a concept of inter-generational “planetary trusteeship”, owed by States as public trustees to present and future citizens as the beneficiaries.

Review of the Rôle of the International Court of Justice

1972 ◽  
Vol 66 (3) ◽  
pp. 479-490 ◽  
Author(s):  
Leo Gross
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Progressive Development ◽  
Court Of Justice ◽  
International Court ◽  
Substantive Law ◽  
International Law Commission ◽  
Law Commission

The stagnation in the functioning of the International Court of Justice is only one of several indicators of the neglect by Members of the United Nations of the development and modernization of adjective law. There has been gratifying progress in the codification and progressive development of substantive law through the International Law Commission and other bodies, but substantive law without an adequate adjective law is bound to lack in effectiveness and uniform and predictable application.

The 2008 United States-India Nuclear Co-operation Agreement and the Work of the International Law Commission on International Liability for Injurious Consequences Arising Out of Acts not Prohibited by International Law

2011 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Robert P. BARNIDGE
Keyword(s):  
United States ◽  
International Law ◽  
Environmental Law ◽  
The United States ◽  
International Environmental Law ◽  
Environmental Impact Assessments ◽  
The Government ◽  
International Liability ◽  
International Law Commission

This article examines the 2008 Agreement for Co-operation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy [“123 Agreement”] within the context of the International Law Commission's (ILC) work on international liability for injurious consequences arising out of acts not prohibited by international law. Attention is paid to three issues in particular, namely how international environmental law has developed to interact with vaguely worded environmental protection provisions, such as those in the 123 Agreement, and the role of experts in this regard, the issue of civil nuclear liability, and the question of what international law might require for environmental impact assessments under the 123 Agreement to pass muster.

scholarly journals The Role of the UN International Law Commission in the Codification of International Law

2020 ◽  
pp. 1384-1387
Author(s):  
Pedro Keil
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Progressive Development ◽  
The Creation ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

The creation of the International Law Commission arouses from the necessity imposed by the text of the UN Charter. According to article 13 paragraph 1 (a) of the Charter of the United Nations, the General Assembly is responsible for the promotion of the progressive development of international law and codification of such. In this regard, the Resolution 174 (II) of 21 November 1947 came with this purpose. So, the Commission’s nature is of an institutional and permanent subsidiary organ to the General Assembly of the UN, serving the purpose of perfecting the sources of law in the international ambit.

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