Journal articles: 'International environment law'

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Warren, L. M. "International Law and the Environment." Journal of Environmental Law 15, no. 2 (February 1, 2003): 264–66. http://dx.doi.org/10.1093/jel/15.2.264.

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Lauber, Sabina. "Japan and international environment law — Economy over environment?" Japanese Studies 13, no. 3 (December 1993): 37–54. http://dx.doi.org/10.1080/10371399308521846.

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Ovchinniko, Sergey. "International Customs Law and Environment Protection." Asian Journal of Applied Sciences 7, no. 7 (September 15, 2014): 581–88. http://dx.doi.org/10.3923/ajaps.2014.581.588.

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Phimolsathien, Thepparat. "Customary International Law and General Principles of Law and the Protection of the Environment." International Journal of Social Science and Humanity 5, no. 9 (2015): 816–21. http://dx.doi.org/10.7763/ijssh.2015.v5.563.

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Petersmann, Ernst-Ulrich. "International Trade Law and International Environment LawPrevention and Settlement of International Disputes in GATT." Journal of World Trade 27, Issue 1 (February 1, 1993): 43–81. http://dx.doi.org/10.54648/trad1993003.

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Ong, D. M. "Review: The Global Environment and International Law." Journal of Environmental Law 17, no. 1 (January 1, 2005): 147–50. http://dx.doi.org/10.1093/envlaw/eqi009.

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Barnes, Ashley, and Christopher Waters. "The Arctic Environment and International Humanitarian Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012): 213–41. http://dx.doi.org/10.1017/s0069005800010353.

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SummaryWhile the law of the sea is rightly viewed as the most suitable international legal regime for the settlement of disputes in the Arctic, the militarization of this region in an era of climate change is also observable. Yet curiously, scant attention has been paid to the constraints the international humanitarian law (IHL) would impose on armed conflict in the Arctic, as unlikely as such conflict may be. These constraints include the specific prohibition on causing widespread, long-term, and severe environmental damage under Additional Protocol I to the Geneva Conventions as well as the related obligation to have “due regard” for the natural environment, as referred to in, for example, theSan Remo Manual on International Law Applicable to Armed Conflict at Sea. Similarly, environmental factors must play into military assessments of targets based on the general principles of IHL related to targeting. The authors explore how these various legal obligations could be applied in the Arctic context. Referring to the scientific literature, they suggest that, due to the particularly vulnerable nature of this regional environment, many traditional war-fighting techniques would lead to damage that is not legally permissible. This conclusion should provide an additional incentive to policy makers to demilitarize the Arctic and to solve peacefully any disputes that may arise over sovereignty, navigation, or resources.

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Chaurasia, Vinod Kumar, and Ulka Yadav. "ENVIRONMENTAL PROTECTION AND INTERNATIONAL LAW." International Journal of Research -GRANTHAALAYAH 3, no. 9SE (September 30, 2015): 1–2. http://dx.doi.org/10.29121/granthaalayah.v3.i9se.2015.3284.

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The environment around us in which we live and live is made up of an environment consisting of all nature tree plants, and without this we can not imagine life is a very big challenge for us today. We have also made World Environment Day on 5 June every year, as the watchdog watchdog has given a decision on violation of the violation. हमारे आस पास के वातावरण जिसमें हम जिव-जन्तु समस्त प्रकृति पेड़ पौधों से मिलकर पर्यावरण बनता है और इसके बिना हम जिवन की कोई कल्पना नही कर सकते है हमारे समक्ष आज पर्यावरण को सुरक्षित रखना बहुत बड़ी चुनौती है, इस हेतु अन्तर्राष्ट्रीय स्तर पर और विधियों के उल्लंघन होने पर समय-समय पर सजग प्रहरी के रूप में माननीय उच्चतम न्यायालय ने निर्णय भी दिये हम हर वर्ष 5 जून को विश्व पर्यावरण दिवस भी बनाते है।

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Aimée Murphie, T. L. "Protection of Environment during Armed Conflicts." Review of Business and Economics Studies 6, no. 2 (June 30, 2018): 19–29. http://dx.doi.org/10.26794/2308-944x-2018-6-2-19-29.

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Environmental protection during the armed conﬂicts is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interference of warfare and environmental protection in non-international conflicts. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article, the author reviews are written and customary norms laid down in documents of different branches of international law, such as human rights law, international humanitarian law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection during the internally armed conﬂict. This is to be done in order to gather information about the sufficiency of the legal framework on the preservation of the environment during the non-international armed conﬂicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiates changes in international criminal law and other.

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Yee, S. "The Environment, Risk and Liability in International Law." Chinese Journal of International Law 11, no. 1 (February 6, 2012): 235–36. http://dx.doi.org/10.1093/chinesejil/jms003.

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Jankuv, Juraj. "Protection of Right to Environment in International Public Law." International and Comparative Law Review 19, no. 1 (June 1, 2019): 146–71. http://dx.doi.org/10.2478/iclr-2019-0005.

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Summary Substantive human right to environment represents a relatively new element in international human rights catalogues. This human right has gradually become established in international public law since the 1970s. This paper deals with the identification and analysis of the formal sources of two branches (or, according to some opinions, subbranches) of international public law – international environmental law and the international human rights law that enshrine substantive human right to environment as well as with the identification of the relevant international law mechanisms of direct and indirect protection of this right.

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Malaviya Shodharti, Badrilal. "ENVIRONMENTAL PROTECTION AND INTERNATIONAL LAW." International Journal of Research -GRANTHAALAYAH 3, no. 9SE (September 30, 2015): 1–2. http://dx.doi.org/10.29121/granthaalayah.v3.i9se.2015.3286.

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In order to increase the maximum of its amenities, it is subject to the materialistic earth that the taunting of the environment is decreasing in the speed at which the indiscriminate exploitation of natural resources is being done. The natural environment, the giver of life-giving elements, has reached a critical stage today due to excessive sedation, unlimited quantities of dirty and excreted substances. This has caused a crisis not only on human things but on the whole earth. Therefore, preserving the environment and controlling pollution has become a widespread responsibility of the country. भोतिकवादी पृवत्ति के वशीभूत हो इसांन अपनी सुख सुविधाओं में अधिकाधिक वृद्वि करने के उददेश्य से प्राकृतिक संपदाओ का अविवेक पूर्ण दोहन जिस गति से कर रहा है, उसमें पर्यावरण का ताना बाना चरमरा रहा है । जीवन दायी तत्वों का दाता प्राकृतिक पर्यावरण आज अत्यधिक देाहन, असीमित मात्रा में निकलते गंदे और उत्सर्जित पदार्थो के कारण संकटमय स्थिति में पहुंच गया है । इससे न सिर्फ मानव वस्तु अपितु संपूर्ण पृथ्वी पर संकट छाया हुआ है । इसलिये पर्यावरण को संरक्षित करना एवं प्रदुषण को नियंत्रित करना देश की एक व्यापक जिम्मेदारी बन गई है।

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Haseeb Ansari, Abdul, and Sri Wartini. "Application of precautionary principle in international trade law and international environmental law." Journal of International Trade Law and Policy 13, no. 1 (March 11, 2014): 19–43. http://dx.doi.org/10.1108/jitlp-04-2013-0006.

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Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.

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D’Amato, Anthony. "Groundwork for International Law." American Journal of International Law 108, no. 4 (October 2014): 650–79. http://dx.doi.org/10.5305/amerjintelaw.108.4.0650.

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International law is a system; its environment is the field of international relations. Although the word system is often used generically, it has a formal meaning in “general systems theory,” an interdisciplinary methodology that grew out of cybernetics research in the 1970S. Since then, general systems theory has proved to be a significant heuristic in hundreds of disparate research areas. In describing international law from the viewpoint of an autopoietic system (to be defined shortly), this article intends not just to reexamine the foundations of international law but also to help litigators and negotiators make their international-law arguments sounder and more persuasive.

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Commonwealth Secretariat. "Implementing International Environment Instruments in Small States." Commonwealth Law Bulletin 34, no. 3 (September 2008): 625–28. http://dx.doi.org/10.1080/03050710802268406.

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Nihreieva, O. O. "INTERNATIONAL CRIMES AND OBLIGATIONS ERGA OMNES IN THE CONTEXT OF ENVIRONMENTAL PROTECTION UNDER INTERNATIONAL LAW." Constitutional State, no. 44 (December 23, 2021): 139–47. http://dx.doi.org/10.18524/2411-2054.2021.44.245087.

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In the article an attempt has been made to analyze the peculiarities of the application of the categories of “international crimes” and “obligations erga omnes” in the context of environmental protection by the means of international law. The interrelation between these categories is investigated and their connection is demonstrated analyzing the work of the International Law Commission of the United Nations on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. The tendency towards the formation in international law of a new type of obligations erga omnes aimed at environmental protection is analyzed. It is emphasized that environmental protection can be carried out both in the context of enforcement of obligations erga omnes and international responsibility of states, and in the context of prosecuting individuals for committing international war crimes against the environment. It is worth noting that at the moment the mentioned protection is fragmented and does not cover all elements of the environment. For example, the provisions of the Rome Statute about war crimes against environment relate to international armed conflicts and protect the natural environment only. At the same time the harm to the environment in armed conflicts not of an international character can be equally widespread, long-term and severe. In this regard, special attention is paid to the concept of “environment” as an object of protection under international law. Its complex nature manifested through a significant number of components, including natural resources and artificial elements, as well as the interaction between them, is shown. Thus, it seems necessary to develop such an international legal regulation that could ensure environmental protection, which would cover all elements of the environment and take into account their peculiarities

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Higgins, Rosalyn. "Teaching and Practicing International Law in a Global Environment: Toward a Common Language of International Law." Proceedings of the ASIL Annual Meeting 104 (2010): 196–200. http://dx.doi.org/10.5305/procannmeetasil.104.0196.

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Djatmiko, Agoes, and Elisabeth Pudyastiwi. "PROTECTION AND PRESERVATION SEA ENVIRONMENT IN INTERNATIONAL LAW PERSPECTIVE." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 185. http://dx.doi.org/10.23887/jkh.v6i1.23469.

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Protection of the marine environment within the framework of international law is actually an accumulation of The Principle of National Sovereignity and The Freedom of High Sea. The International Maritime Organization (IMO) states that "a right on the part of an astat threatened with the environmental injury from sources beyond its territorial jurisdiction, at least where those sources are located on the high seas, to take reasonable action to prevent or abate that injury ". The general principle of good neighbor liness can be found in international customary law as well as in Article 74 of the UN Charter. This principle is reflected in several international treaties and is supported by the country's main practices in dangerous and emergency activities. Cooperation is contained in the 24th Principle of the Stockholm Declaration and the 27th Principle of the Rio Declaration which states that countries must cooperate in the principles of good faith and the spirit of partnership as efforts to protect the environment. Keywords: protection of the marine environment, principles of good faith, International Maritime Organization (IMO)

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O. Oyewole, Oriola. "NAVIGATING THE WATERS: INTERNATIONAL LAW, ENVIRONMENT AND HUMAN RIGHTS." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 6, no. 1 (April 1, 2021): 1–12. http://dx.doi.org/10.22373/petita.v6i1.115.

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Over the years, the relationship between the environment and human rights has received global attention. The connection between the individuals, environment and international law is indispensable. However, domestic environmental activities and globalisation set domino effects on climate change where the actions within one jurisdiction affect the environment of neighbouring states. Sovereignty, state obligations and human rights are instruments that can regulate the protection of the environment. Set against this background, this paper will assess the contribution of international law to the protection of the environment, particularly the extent of enforceability of general state obligations through the 'no harm rule.' Arguably, transboundary harm is inevitable in most environmental activities. Therefore, the engaging state is obligated to take measures known as due diligence to regulate the transfer of transboundary harm. The threshold for these environmental activities is significant transboundary harm. In addition, it is observed that there is a limit to which state can be held accountable for violations of human rights where corporate actors, through their business activities, have contravened human rights. Hence, through case analysis, this paper examines the extent of corporate legal accountability for environmental degradation. Abstrak: Selama bertahun-tahun, hubungan antara lingkungan dan hak asasi manusia telah mendapat perhatian global. Hubungan antara individu, lingkungan dan hukum internasional sangat diperlukan. Namun, kegiatan lingkungan domestik dan globalisasi memberikan efek domino pada perubahan iklim di mana tindakan dalam satu yurisdiksi mempengaruhi lingkungan negara tetangga. Kedaulatan, kewajiban negara, dan hak asasi manusia merupakan instrumen yang dapat mengatur perlindungan lingkungan hidup. Dengan latar belakang ini, artikel ini akan menilai kontribusi hukum internasional terhadap perlindungan lingkungan, khususnya sejauh mana keberlakuan kewajiban negara secara umum melalui 'aturan yang tidak merugikan', karena kerusakan lintas batas tidak dapat dihindari di sebagian besar kegiatan lingkungan. Oleh karena itu, negara yang terlibat wajib mengambil langkah-langkah yang dikenal sebagai uji tuntas untuk mengatur pengalihan bahaya lintas batas. Ambang batas untuk kegiatan lingkungan ini adalah bahaya lintas batas yang sangat penting. Selain itu, terlihat adanya batasan dimana negara dapat dimintai pertanggungjawaban atas pelanggaran hak asasi manusia yang dilakukan korporasi, melalui kegiatan usahanya, yang telah melanggar hak asasi manusia. Oleh karena itu, melalui analisis kasus, artikel ini mengkaji sejauh mana akuntabilitas hukum korporasi atas kerusakan lingkungan. Kata Kunci: Kedaulatan, Uji Tuntas, Lingkungan, Hak Asasi Manusia, Tanggung Jawab Negara, Hukum Internasional

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Rothwell, Donald R. "International law and the Protection of the Arctic Environment." International and Comparative Law Quarterly 44, no. 2 (April 1995): 280–312. http://dx.doi.org/10.1093/iclqaj/44.2.280.

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Mehling, Michael, and Anja Lindroos. "From Autonomy to Integration? International Law, Free Trade and the Environment." Nordic Journal of International Law 77, no. 3 (2008): 253–73. http://dx.doi.org/10.1163/157181008x323975.

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AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

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Lima Gomes, Alexandre, and Nadja Christine de Castro Souza Urano. "CONTEMPORARY LAW AND THE REGULATION OF THE DIGITAL ENVIRONMENT." Revista Gênero e Interdisciplinaridade 3, no. 06 (January 3, 2023): 314–36. http://dx.doi.org/10.51249/gei.v3i06.1086.

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The article is a brief study on information technologies and the impacts on society and the science of law, specifically regarding the challenges of international law in the face of international data transfers and regulatory limits

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Berger, Christian. "OSCE and International Law." International Journal of Legal Information 24, no. 1 (1996): 36–47. http://dx.doi.org/10.1017/s0731126500000056.

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The Organization for Security and Co-operation in Europe (OSCE) pursues a concept of co-operative security which encompasses commitments by participating States in the areas of military security, political co-operation, human rights, economy, culture and the environment. Its priorities are to consolidate common values and build civil societies, prevent local conflicts, restore stability and bring peace to war-torn areas, overcome real and perceived security deficits and avoid the creation of new divisions by promoting a co-operative system of security. The OSCE is the primary instrument for early warning, conflict management and crisis management in the OSCE region, i.e. Europe, Central Asia and North America. Its basic feature is the strict equality of all 55 participating States, which is well reflected in its decision-making process. With a few exceptions, decision-making at meetings within the framework of the OSCE is only possible by consensus, which is considered to be achieved if no State has expressed an objection. States are, however, allowed to make reservations or interpretative statements.

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Dr. Ram Charan Meena. "International Treaties And Law Of Environment In India: An Overview." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (August 21, 2021): 27–35. http://dx.doi.org/10.53724/ambition/v6n2.05.

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To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.

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Mr. Karma D Denzongpa. "International Humanitarian Law – An Overview." Legal Research Development: An International Refereed e-Journal 1, no. III (March 30, 2017): 113–25. http://dx.doi.org/10.53724/lrd/v1n3.10.

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Ever since its inception over a century ago, the Red Cross has been providing protection and assistance to those in distress. In normal circumstances, in the organised society in which usually lives man, is protected by laws and finds sustenance close at hand. Paradoxically, there are also situations, such as armed conflicts or natural disasters, when society is thrown out of killer, laws areviolated, man’s natural environment is turned into chaos, and his safety, health and very survival are threatened: In times like these the Red Cross strives to help and protect the victims through International Humanitarian law.

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Ndlovu, F. P. "The marine environment and ballast water management law." Water Policy 18, no. 4 (March 15, 2016): 964–82. http://dx.doi.org/10.2166/wp.2016.105.

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This article contains a study of international and national measures dealing with the potential threat of pollution and the introduction of alien species that may come from the discharge of improperly treated ballast water. Ballast water management policy, law and coastal biosecurity strategies are considered. There are challenges to achieving the ideals of ballast water laws, as correctly pointed out by President Denholm of the Baltic and International Maritime Council (BIMCO), such as the cost of achieving these measures in today's economic climate; however, this article emphasizes the long-term effects of ignoring proper ballast water management. This article encourages a sustained commitment to strategies aimed at dealing with pollution and the harm that may be caused by marine invasive species that often find their way around the world as a result of ballast water discharges. With the imminent implementation of international law on ballast water and a federal court of appeals in the United States ordering the Environmental Protection Agency (EPA) to rewrite a portion of its ballast water dumping rules, ballast water policy justly deserves unrelenting global attention.

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Krajewski, Markus. "Trade and Environment. Fundamental Issues in International Law, WTO Law, and Legal Theory." Archiv des Völkerrechts 48, no. 4 (2010): 502. http://dx.doi.org/10.1628/000389210794439407.

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Blank, Laurie R., and David Kaye. "Direct participation: Law school clinics and international humanitarian law." International Review of the Red Cross 96, no. 895-896 (December 2014): 943–68. http://dx.doi.org/10.1017/s1816383115000089.

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AbstractLaw school clinics focused on international humanitarian law (IHL) enable students to participate directly in the development and application of IHL through concrete “real world” work – from training to research and fact-finding, litigation to high-level advocacy, and many spaces in between. These opportunities do far more than just contribute to these students' development as effective, reflective lawyers, certainly a key goal of any clinical environment. Clinical IHL work also matches clinical pedagogy with cutting-edge issues in armed conflict to deepen students' law school experiences and enables them to engage in the IHL goals of promotion, implementation and enforcement.

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Desai, Bharat H. "International Environmental Law-Making." Environmental Policy and Law 50, no. 6 (May 11, 2021): 489–508. http://dx.doi.org/10.3233/epl-209005.

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The article seeks to make a modest effort in making sense of the international environmental law-making process. It comprises the subtle normative process currently at work, including ‘global conferencing’ technique resorted to by the UN General Assembly, how it draws upon the basic legal underpinnings of international law, the unique treaty-making enterprise at work, and what this enormous legal churning process portends for the protection of the global environment at this critical time of perplexity in the Anthropocene epoch. It calls for taking serious cognizance of mass destruction of plant and animal species, heavy pollution of fresh water resources, choking of the oceans with plastic and other litter, and alteration of the atmosphere, among other lasting impacts that imperil our only abode Earth. International environmental law-making process is ad hoc and piecemeal and is generally understood to be the product of a lack of a single, central specialized institution having expertise on the subject, scientific uncertainty on many environmental issues, and the hard-headed economic interests of sovereign states. Still, the international environmental law-making process with its inherent resilience could possibly be able to adapt to the vagaries of scientific assessments and the political realities of in the future.

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Prasad, DeepaliAmb, and Sanjay Prasad. "INTERNATIONAL ENVIRONMENTAL LAW AND CONSERVATION SCIENCE." International Journal of Research -GRANTHAALAYAH 3, no. 9SE (September 30, 2015): 1–5. http://dx.doi.org/10.29121/granthaalayah.v3.i9se.2015.3118.

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This paper work on international law the body of international law regulating human interaction with the natural world, little of the governance of natural resources, for example, is ‘environmental’. Subsisting at the periphery, environmental law focuses on conserving particular species and ‘ecosystems’, and curbing certain kinds of pollution. Its principles are vague, peppering the margins of rulings within other judicial. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Unless we devise a better way to make international law for the environment, future progress is likely to be piecemeal, fitful, unsystematic and even random. The justification for taking bold steps now rests on analysis of three factors: the formidable nature of the environmental issues that must be dealt with; the condition of international organization relating to the environment, particularly the United Nations system; and the methods currently used to make international environmental law. In this paper, we suggest that international environmental laws are due to two competing heritages. The ‘natural world as sacred, inviolable, and redemptive.

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Palmer, Geoffrey. "New Ways to Make International Environmental Law." American Journal of International Law 86, no. 2 (April 1992): 259–83. http://dx.doi.org/10.2307/2203234.

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The purpose of this article is to suggest new ways to make international law for the environment. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Nearly twenty years after the Stockholm Declaration, we still lack the institutional and legal mechanisms to deal effectively with transboundary and biospheric environmental degradation. The 1992 United Nations Conference on Environment and Development presents an opportunity to make progress. Unfortunately, my reading of the situation in late 1991 suggests that there is no political will to take decisions that will give us the tools to do the job.

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Kirchner, Stefan, and Medy Dervovic. "Almost Arctic?: Protecting the Baltic marine environment through international law." Strani pravni zivot, no. 4 (2021): 551–67. http://dx.doi.org/10.5937/spz65-34644.

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The Baltic Sea, the heart of the Baltic region, is one of the most polluted seas worldwide. For the countries of the Baltic region, the relative importance of the Baltic Sea varies, but all coastal states of the Baltic Sea use the sea and influence it through their manifold activities. The protection of the Baltic Sea therefore is a shared concern for the coastal states. This shared concern has led to the emergence of a specific international legal régime governing the Baltic Sea. In this text, current threats to the Baltic Sea's natural environment and the international legal measures that are taken to protect the sea are described, in particular with a view to possible improvements. Particular emphasis will be placed on the northernmost part of the Baltic Sea, the sub-Arctic Bay of Bothnia that faces particular environmental challenges.

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Ellis, Jaye. "Julio Barboza, The Environment, Risk and Liability in International Law." Ocean Yearbook Online 26, no. 1 (2012): 685–89. http://dx.doi.org/10.1163/22116001-92600075.

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Johnston, R. J. "Laws, states and super-states: international law and the environment." Applied Geography 12, no. 3 (July 1992): 211–28. http://dx.doi.org/10.1016/0143-6228(92)90040-t.

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Salia, M. R. "The Development of International Environmental Law at the Present Stage: The Review of Activities, International Treaties and Case Law." Lex Russica, no. 4 (April 24, 2021): 79–87. http://dx.doi.org/10.17803/1729-5920.2021.173.4.079-087.

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The international community is experiencing the beginning of a new era in the development of international environmental law, where the rights to healthy environment are protected not only by international intergovernmental and non-governmental organizations, States, but also by young activists around the world. Since 2020, States have committed themselves to implementing nationally determined contributions made in accordance with the 2015 Paris Agreement. (The Russian Federation is one of the Parties to this Agreement). The Fifth Montevideo Programme for the Development and Periodic Review of Environmental Law implemented under the auspices of UNEP was also launched in 2020. Thus, the UN is trying to intensify the process of improving and implementing international rules of law of international environmental law into the national legislation of Member States. The review of international and national practices on environmental disputes indicates a trend towards an increase in this type of disputes, which in turn shows an increase in the level of legal culture and legal consciousness of citizens. These are people who are not indifferent to their future and the future of the next generations, to a healthy environment and to a prosperous life on the Earth. It is important to understand that, in accordance with the principles of international environmental law, such as “the environment is the common concern of mankind” and “the relationship between the protection of the environment and peace , development, human rights and fundamental freedoms”, the responsibility for pollution (in broader understanding) is borne by each of us: citizens, companies, States, international organizations, and everyone should be interested in achieving the goal of protecting it.

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Dzah, Godwin E. K. "Theorising the Right to Environment: An Africological Typology." African Journal of International and Comparative Law 27, no. 1 (February 2019): 25–49. http://dx.doi.org/10.3366/ajicl.2019.0258.

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This article is an Africological critique of the emergence of the right to environment and the universality of rights generally. The article draws on Third World approaches to international law, postcolonial legal theory and Bourdieu's reflexive sociology to illuminate this Africological inquiry into the emergence of the right to environment within international law.

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EMAR, Omar, and Hamzeh ABU ISSA. "The Legislative Shortcomings Aspects in the Jordanian Environmental Law. Comparison with International Law." Journal of Environmental Management and Tourism 12, no. 7 (December 1, 2021): 1850. http://dx.doi.org/10.14505/jemt.v12.7(55).10.

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Most of the legislation in the countries have established laws and regulations to protect the national environment of countries, as Jordan is one of these countries, where the Jordanian environmental law has developed rapidly in order to keep pace with developments in various industrial and technological fields, for the purpose of protecting the environment and in cooperation with the relevant international and regional bodies, however, legal protection of the environment is not provided for in the text of the Constitution, also, the Jordanian legislator did not set up a special system for environmental damage compensation, did not included it in the civil law, in addition to the fact that local environmental legislation does not include the modern principles of environmental damage compensation contained in the international conventions, which signed and ratified by Jordan. The accumulation of these deficiencies affected the effectiveness of environmental law and the mechanism of its application.

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Schmitt, Michael N. "Precision attack and international humanitarian law." International Review of the Red Cross 87, no. 859 (September 2005): 445–66. http://dx.doi.org/10.1017/s1816383100184334.

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AbstractThis article explores the relationship between precision attack and international humanitarian law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international humanitarian law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and protected status. The author concludes that precision warfare has both positive and negative implications for the interpretation and application of international humanitarian law on the twenty-first-century battlefield.

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Mashkour, Moshkan. "Building a Friendly Environment for International Arbitration in Iran." Journal of International Arbitration 17, Issue 2 (April 1, 2000): 79–83. http://dx.doi.org/10.54648/263491.

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Kukushkina, A. "International Environmental Law and Protection of the Environment during Military Conflicts (International Legal Aspects)." Journal of International Analytics, no. 2 (June 28, 2017): 94–103. http://dx.doi.org/10.46272/2587-8476-2017-0-2-94-103.

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The paper raises the problems of developing international environmental law in its military aspects. The author maintains that current norms are insufficient for protection of existing natural resources which support the living of humanity. The efforts being made in this direction by the International Law Commission of the UN General Assembly are analyzed in some details. The author concludes that a special agreement might be currently elaborated in in order to protect the environment in wartime. This agreement should be formulated in such a way that it could be admitted in a short time by as many military developed powers as possible. A proposal concerning elaboration of the Fifth Geneva Convention on protection of the environment in wartime also seems realistic.

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Krieger, Heike. "Populist Governments and International Law." European Journal of International Law 30, no. 3 (August 2019): 971–96. http://dx.doi.org/10.1093/ejil/chz046.

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Abstract The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. However, this is not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: in the political sphere, their practices alter the general environment in which legal rules are interpreted and, in the legal sphere, populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of non-intervention and foreign funding for non-governmental organizations.

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Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the Law of Gravity: The Political Economy of International Migration." World Politics 66, no. 3 (July 2014): 406–45. http://dx.doi.org/10.1017/s0043887114000112.

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Bilateral flows of international migrants exhibit tremendous variance both across destination countries and over time. To explain this variance, studies of international migration tend to focus on economic determinants such as income differentials or on social conditions such as the presence of coethnics in certain destination countries. The authors argue that migration is driven not solely by economic or social determinants; rather, the political environment across destinations plays a substantively large role in influencing bilateral migration flows. They test the importance of the political environment—citizenship rights and the prominence of right-wing parties—using data on migration flows from 178 origin countries into 18 destination countries over the period 1980–2006. They find, even after controlling for a variety of economic, social, policy, and international variables, that variation in political environments across time and destination plays a key role in observed patterns of international migration.

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Garvey, Jack I. "Trade Law and Quality of Life—Dispute Resolution under the NAFTA Side Accords on Labor and the Environment." American Journal of International Law 89, no. 2 (April 1995): 439–53. http://dx.doi.org/10.2307/2204217.

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Law, like other forms of life, evolves in response to changing environments. When cosmic change alters environment, viability is tested. The North American Free Trade Agreement was born into a radically new social and political environment for the making of international trade agreements. Its viability has centered on a fundamental alteration in international trade law, appearing as the NAFTA Side Agreements on labor, health and environmental regulation; specifically, as the dispute resolution process of the Side Agreements.

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Johnson, McKenzie F. "Institutional change in a conflict setting: Afghanistan’s Environment Law." European Journal of International Relations 23, no. 1 (July 24, 2016): 168–91. http://dx.doi.org/10.1177/1354066115624953.

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This article examines the development of Afghanistan’s Environment Law to explore the politics of institutional change in a conflict-affected context. Environment was catapulted to prominence in 2002 when it was included in the agenda for reconstruction under the new transitional government. Subsequent efforts to reconstitute Afghanistan’s environmental institutions culminated in the Environment Law written by the United Nations Environment Programme and other international actors, with input from the Government of Afghanistan. The Environment Law was crafted as a model of best practice, intended to modernize Afghanistan’s legislative foundation. However, it experienced significant content drift during the ratification process. As a result, the Environment Law produced institutions that differed in important ways from those initially proposed. Capitalizing on changes made during ratification, I analyze how actors across governance scales interact to translate development models from international to domestic policy spaces. I draw on both structure- and agent-oriented explanations to argue that changes to the Environment Law reflect attempts to increase structural complementarity between global and local systems of governance and cross-scalar contests over authority in the post/conflict landscape. The data suggest that interactions between domestic and international domains provided an opportunity to challenge institutional meaning and content. Ultimately, exploring how global models are incorporated within local contexts provides explanatory power for understanding institutional development. This is important in conflict studies, where the expansion of security theory to include issues like environment has provided new opportunities for strategic intervention by international actors in managing global conflict and its aftermath.

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Sokolova, N. A. "International Environmental Protection in Armed Conﬂicts: Traditional Legal Regulation and Interpretation Novelties." Lex Russica, no. 12 (December 23, 2021): 84–95. http://dx.doi.org/10.17803/1729-5920.2021.181.12.084-095.

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The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

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Hosseini, Seyed Mohammad, Fatemeh Fathpour, and Subhrajit Chanda. "Space Debris Mitigation: Some Lessons from International Environmental Law." Environmental Policy and Law 51, no. 6 (December 22, 2021): 391–401. http://dx.doi.org/10.3233/epl-210015.

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The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.

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Sand, Peter H., and Rene-Jean Dupuy. "The Future of the International Law of the Environment: L'Avenir du Droit International de l'Environnement." American Journal of Comparative Law 35, no. 4 (1987): 847. http://dx.doi.org/10.2307/840139.

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Peña Neira, Sergio. "Planning on law: Fair and just in the division of benefits. The case of genetic resources in the high seas (water column)." Revista Derecho del Estado, no. 41 (May 8, 2018): 227–53. http://dx.doi.org/10.18601/01229893.n41.09.

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How to define sharing benefits from Marine Genetic Resources in the High Seas (water column) as equitable and just? Supposedly, the United Nations Convention on the Law of the Sea, international custom and the Convention on Biological Diversity do not rule Marine Genetic Resources in the High Seas as far as sharing benefits is concerned. The basic feature of international law and its sub-disciplines (of environment, investment, conflict resolution), subjects, and objects has to do with its content whatever the validity from international law as such or national law and the content based on sense and limits by interpretation and application (internationally and nationally). Interpreting international legal rules is only possible utilizing the elements established by international law, one is the systematically interpretation considering all and certain legal rules as foundations of the international legal system.

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Elsanousi, Mohamed. "Theology, International Law, and Torture." American Journal of Islam and Society 23, no. 2 (April 1, 2006): 142–44. http://dx.doi.org/10.35632/ajis.v23i2.1638.

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In the post-9/11 environment, the American Muslim community has finallyrealized that it can no longer keep the rest of American society at arm’s lengthwhile seeking to establish its own infrastructure and ensuring its continuity asa distinct community. One example of this community’s increased participationin American civil society is its new-found interest in interfaith dialogue.With such reasoning in mind, the Muslim community has partnered with variousfaith communities to create the National Religious Campaign againstTorture (NRCAT), which was launched during the “Theology, InternationalLaw, and Torture: A Conference on Human Rights and Religious Commitment”conference sponsored by Princeton Theological Seminary, 13-15 January2006, in Princeton, New Jersey.Religious leaders from across the nation, as well as Mohamed Elsanousi(director, Communication and Community Outreach, Islamic Society ofNorth America [ISNA]) Mohammed Shafiq (executive director, Center forInterfaith Studies and Dialogue, Nazareth College, and imam, IslamicCenter of Rochester); and Azhar Azeez (member, ISNA Executive Council and director, Islamic Association of Carrollton) as representatives of ISNA,worked together at this conference to build a powerful, spiritually basedcoalition. Over 160 eminent religious and academic figures, authors, journalists,retired government and military officers, human rights activists, andlawyers spoke ...

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Aini, Desy Churul, and Desia Rakhma Banjarani. "ENVIRONMENTAL PROTECTION IN ARMED CONFLICT ACCORDING TO INTERNATIONAL HUMANITARIAN LAW." Tadulako Law Review 3, no. 1 (June 30, 2018): 12. http://dx.doi.org/10.22487/j25272985.2018.v3.i1.10364.

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The environment is a victim of various armed conflicts that occur in some parts of the world. Such as Congo war in 1998 that create environmental damage like deployment of the HIV-AIDS virus, the extinction of national parks, wildlife poaching and the forest burning. In addition the Rwanda civil war in 1994 affected the loss of biodiversity, natural resources and population decline in rare animals such as the African Gorillas. While the former Yugoslavia war in 1991 that impact in environmental pollution of water, air and land that threaten human survival.The environment becomes a victim when the war was happend its caused the human, but on the other side, the environment can’t be separated from human life because somehow humans need the environment to. However, when the war was happend human can’t maintaining the environment even though there have been rules that regulate about the protection of the environment when the war takes place. Therefore, its necessary to analysed an environmental protection in armed conflict according to international humanitarian law.This research is discusses about how an environmental protection in armed conflict according to international humanitarian law, which aims to explain the regulations that apply to protect the environment at the armed conflict. This research uses normative law approach (literature research).The results of this study show that environmental protection in armed conflict is regulated in the conventions of international humanitarian law both from the Hague Law and the Geneva Law. In The Hague law the environmental protection is governed by the IV Hague Convention 1907of respecting the laws and customs of war and land Art 23 (g) and Art 55. In the Geneva Law an environmental protection is contained in the IV Geneva Convention 1949 Art 53 and Additional Protocol I in 1977 Art 35 (3), 54, 55, 56, 59, and Art 68. Basically both of Geneva and Hague Law against the use of weapons during the war that have an effected in environmental damage and the existence of precautions in the war on environmental protection life. Beside the Geneva and the Hague Law there are have other arrangements to protect the environment in the event of a war that is in ENMOD Convention Art 1 and 2.

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Journal articles on the topic 'International environment law'

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