The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, (...) as illustrative of how international environmental law has evolved in response to the challenges posed by complex crises. The article concludes by suggesting that international environmental law is unlikely to see a Grotian Moment at the level of customary international law, but that it does hold potential for the new thinking and new approaches that could produce a ‘quasi’ Grotian Moment. (shrink)

Springer focuses on the nature and challenges of "leadership" in contemporary environmental diplomacy since the 1992 Earth Summit in Rio de Janeiro, Brazil.

The European Union (EU) has developed a vast body of environmental law, relying on a treaty title setting out normatively and descriptively complex environmental principles and approaches, as well as on those parts of the treaties focusing on the internal market. This chapter provides some introductory insights into EU environmental law. It explores that the Industrial Emissions Directive (IED) shows the potential of an approach to governance that sets environmental norms in a collaborative, problem‐solving forum beyond (...) the face of legislation. The chapter shows harmonization is not a straightforward category in EU environmental law. Much was made of the decentralization and local or national flexibility in the predecessor to the IED. By comparison, the IED places greater emphasis on the mandatory application of EU‐wide environmental standards. However, both the initial decentralization and the recentralization are highly ambiguous. (shrink)

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the (...) permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. (...) Second, the article examines a speech of Greta Thunberg through the lens of Stanley Cavell’s theory of passionate utterances. This interpretation will unlock the political stakes of Thunberg’s speech as she claims standing with those responsible for enacting environmental law. Finally, the consequences of this reading will be analysed by relating message and voice of environmental law. As youth protests question ordinary forms of political representation, new ways of safeguarding the interests of future generations are called upon. (shrink)

Global health law for pandemics currently lacks legal obligations to ensure distributional and reparative justice. In contrast, international environmental law contains several novel international legal mechanisms aimed at addressing the effects of colonialism and global injustices that arise from the disproportionate contributions to — and impacts of — climate change and biodiversity loss.

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from (...) the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future. (shrink)

This article is a review and reflection of the new elements of rights and laws, applied to the principle of justice and sovereignty, but above all in the demonstration that law as a science once again allows us to conceive that as a science it evolves and must be modified according to the new conducts that the State and society require, such is the case of the constitutional recognition that this type of rights have. In the last decades, human beings (...) have evidenced that the way in which they interact with nature is causing serious consequences to the ecosystems that compose it. In the past, these consequences were not yet evident and, therefore, the environmental awareness that exists today did not exist. Therefore, it is necessary to analyze and reflect on certain conditions of this right in Ecuador. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in (...) which states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

Climate change harmfully affects social and natural systems. These outcomes adversely affect the human and natural systems, resulting in adopting related-response measures whose implementation yields similar outcomes, especially when poorly designed. Climate-related projects, actions, and policies cause harmful environmental impacts, even though the United Nations Convention on Climate Change and its subsequent instruments urge parties, when dealing with climate change, to employ methods that preserve the quality of the environment. Few studies have established the effects of these environmentally, economically, (...) culturally, and socially unsound mechanisms on public participation, although research usually proves that ecological and environmental citizenship can enhance climate action. The study also highlights gaps in the common understanding of public participation in climate action. This reflection analyses the relationships between public participation and climate response measures and concludes that uncertainty related to response measures could affect the perception of climate action by the public. The reflection, therefore, shows that many international environmental law legal instruments, policies, and scholarships attempt to address the issue. (shrink)

Images of nature abound in the practice of international environmental law but their significance in law is unclear. Drawing on visual jurisprudence, and interpretative methods for visual art, this book analyses photographs for their representations of nature's aesthetic value in treaty processes that concern world heritage, whales and biodiversity. It argues that visual images should be embraced in the prosaic practice of international law, particularly for treaties that demand judgements of nature's aesthetic value. This environmental value is in (...) practice conflated with natural beauty, ethical and cultural values, and displaced by economic and scientific values. Interpretations of visual images can serve instead to critique and conceive sensory, imaginative and emotional appreciations of nature from different cultural perspectives as proposed by philosophers of environmental aesthetics. Addressing questions of value and the visual, this landmark book shows how images can be engaged by nations to better protect the environment under international law. (shrink)

This volume is issued by one of Max Planck Society’s 83 research institutes, the Max Planck Institute for Comparative Public Law and International Law, a strong reference on i...

This book examines recent developments in sources of public international law, such as treaties and custom operating among nations in their mutual relations, as well as developments in some of the primary rules of law international institutions created by these processes. It finds that public international law has become increasingly dysfunctional in dealing with some of the primary problems facing the world community, such as the maintenance of international peace and security, violations of international human rights and the law of (...) armed conflict, arms control, disarmament and non-proliferation, and international environmental issues, and that international law and international institutions face a problematic future. It concludes, however, that all is not lost. There are possible alternative futures for international law and legal process, but choosing among them will require the world community making hard choices. (shrink)

There is copious scientific and technical literature analysing the issues of the environmental threat to orbital space. There is also now increasing legal awareness of the problems facing the space environment. These inquiries almost always focus on solutions based on processes, technology or providing sufficient alarm to jolt the international community into action. This discussion will adopt a different focus, providing an overview of the value system that is currently in place regarding human space activity and examining how this (...) value system has shaped normative ethical positions on space exploration. The inquiry will consider whether the values of space exploration have been sufficiently concerned with the environmental impact of such activity and whether it is possible to generate the consensus needed to embed an ethical approach to space exploration. It is contended that only through embedding a concern for the environment at the core of human space activity will there be an enduring solution to the crisis posed by debris in Earth orbit. By promoting conservative consumption of outer space resources, such an embedded concern would become a natural process in space activity rather than a chastisement or limit progress. More crucially, such an overarching ethical position would ensure that the problems which have affected Earth orbit will not be exported when human space exploration leads to settlement on other celestial bodies. The inquiry will start by examining the evolving nature of space activity, looking at the predominantly military backdrop to the early years of exploration. During these early years, the challenge of simply getting into space overrode any environmental consideration. More significantly, there was not the diversity of entities looking to go into orbit meaning that the amount of debris was limited, thereby softening concern. Space activity during this time was largely limited to two superpowers, Russia and America. Inevitably, this geopolitical situation shaped the law that was to govern space activity, and this is the law which has shaped normative behaviour in space. Indeed, had space remained the purview of States, environmental damage may have been significantly reduced, making it easier to regulate. This development is crucial to understanding the way in which shared human values have evolved, but is only part of the picture. Following this, the different generations of space travellers will be studied allowing for an evaluation of how their competing interests and backgrounds have shaped the value systems underpinning the exploration of space. The discussion will then go on to review the emerging body of literature discussing ethical approaches to space and establish the extent to which ethical values have shifted to match the diversity of actors in the space environment. There will then be a critique of how the change in the global space environment has necessitated a change in environmental governance, and whether this has actually occurred. Finally, the discussion will conclude with suggestions as to the way in which legal devices can be used to shape behaviours and begin the process of embedding a much-needed environmental ethic into space activity. (shrink)

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international), and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with (...) specific structures: commercial, environmental, human rights, humanitarian, financial, criminal, and labor law contribute to the formation of postnational law with different modes of functioning, different actors, and different sources of law that should be understood as a new complexity of law. (shrink)

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and (...) related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice. (shrink)

During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system (...) that seeks to induce humans to act as stewards of nature rather than only its exploiters, and therefore the environmental provisions are construed in a manner that the main instruments are limitations of different activities in order to prevent the disruption of natural systems. On the other hand, by doing so the environmental law places nature and future generations (those categories commonly do not have any legal personality) and not the human (the sole addressee and the beneficiary of the traditional legal system) in the centre of environmental regulation. This concept radically transforms the relationship between nature and mankind by subordinating the initiative to benefit from legal regulation. By doing so, the environmental provisions make the opposite and evolve tension in respect of such rights as the right to property, the right to personal life, or individual welfare. In the present research the aim is to disclose the origins and the most important principles of international and regional legal regulation of environmental protection, and to analyse the essence of environmental law in the context of public interest. The environmental law is analysed in the context of such human rights as the right to property and the right to personal life. (shrink)

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings (...) together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law. (shrink)

This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the incorporation (...) of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship. (shrink)

Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and human (...) rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

Environmental rights are diagonal if they are held by individuals or groups against the governments of states other than their own. The potential importance of such rights is obvious: governments' actions often affect the environment beyond their jurisdiction, and those who live in and rely upon the environment affected would like to be able to exercise rights against the governments causing them harm. Although international law has not adopted a comprehensive, uniform approach to such rights, human rights law and (...) international environmental law have begun to develop some possible bases for diagonal environmental rights. Human rights law operates primarily along a vertical axis, setting out individuals' rights against their governments and the corresponding duties owed by the governments, but it may also be diagonal, giving rise to duties on the part of states that extend beyond their own territory. The scope and extent of diagonal human rights are often controversial, and environmental rights face additional difficulties, because the environmental protection required by human rights is clarifying only gradually, on a case-by-case basis. To the extent that human rights require such protection when aligned vertically, it would be logical to conclude that they require the same degree of protection whenever they may be aligned diagonally. Human rights law provides few precedents to support that conclusion, however. Compared to human rights law, international environmental law (IEL) provides a clearer and more specific set of duties with respect to environmental protection. Moreover, most IEL is extraterritorial, in that it requires states to regulate actions within their control that could harm the environment beyond their territory. The problem with grounding diagonal environmental rights in IEL is that, in contrast to human rights law, most IEL operates along a horizontal axis: its duties are owed by states to other states, not to private actors. If the challenge for human rights law is to extend rights from the vertical axis to the diagonal, the challenge for IEL is to derive diagonal rights from horizontal ones. (shrink)

This chapter contains sections titled: Environmental impacts and health effects Risk assessment and management The precautionary principle Responsibility and burden of proof Environmental standards Market approaches Citizen participation and standing to sue International environmental law The future of environmental law.

The growing assumption thattransnational corporations (TNCs) will apply``best practice'''' and ``international standards''''in their operations in developing countries hasseldom been checked against close observationof corporate behavior. In this article, Ipresent a case study, based on field research,of one voluntary initiative to useinternational standards and best practice forenvironmental protection in the AmazonRainforest, by a US-based oil company,Occidental Petroleum (Oxy) in Ecuador. The moststriking finding is that the company refuses todisclose the precise standards that apply toits operations. This, and the refusal todisclose other (...) important environmentalinformation, make it impossible to verifyindependently Oxy''s claims of environmentalexcellence, or assess the effectiveness of theinitiative. At the same time, Oxy uses theinvocation of international standards to wrapitself in a veneer of corporate responsibility;reassure government officials and localresidents; cultivate confusion about standardsand practices that apply to the operations;deflect meaningful oversight and transparency;and arbitrarily legitimize norms that have beendefined by special interests. In short,international standards offer great promise forneeded environmental improvements; but can alsobe used to impede, rather than advance,corporate responsibility and the development ofeffective environmental law at the nationallevel. These findings suggest that for theapplication of international standards to bemeaningful, the international community needsto move beyond statements of principle anddevelop mechanisms that can be used toevaluate, verify, and monitor independentlyenvironmental claims by TNCs. (shrink)

Climate change exacts a devastating toll on health that is rarely incorporated into the economic calculus of climate action. By aligning health and environmental policy and collaborating across borders, governments and industries can develop powerful initiatives to promote both environmental and human health.

This paper is based on the concept of environmental political philosophy and from its perspective, it highlights the weaknesses and contradictions of contemporary, existing democracies. It aims to formulate an outline of the concept of environmental democracy, following the accounts of M. Bookchin, R. Morrison and H. Skolimowski, as well as international environmental law enshrined in United Nations documents and resolutions. It is based on the hypothesis that the preservation of a democratic political system in a situation (...) of a collapsing planetary system (the Anthropocene) requires improving the foundations of democratic theory with the insights of the Earth system sciences, particularly of political ecology and critical environmentalism. Through philosophical analysis, explanation and interpretation, this paper explores an environmental democracy that would, on the one hand, preserve the basic constitutional principles of current democratic constitutional regimes, and, on the other hand, reconcile them with the current state of understanding in the Earth sciences concerning the vulnerability of the planetary system. In a sense, J. Habermas’s understanding of human rights characterizes the concept of environmental democracy as a realistic utopia. The author concludes by drawing up the imperative of sustainability, which he sees as a guiding organizing principle of institutions and public policies for the climatic, demographic and economic regime of the Anthropocene. -------------------------- Received: 16/12/2022. Reviewed: 09/03/2023. Accepted: 30/03/2023. (shrink)

Intergenerational Equity: Environmental and Cultural Concerns tackles intergenerational equity from various perspectives with a view to understanding what is fair and/or just within and among generations.

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers (...) the potential of two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle elsewhere by 2050. This is one of many examples confirming the need to ascertain the legal status of environmental refugee in international law. The term ‘environmental refugee’ is controversially discussed and internationally not recognised. First, this article discusses the reasons for (...) reluctance of international organisations to accept this term. Second, noting the cold reception of this term at the regional and state levels, a discussion on whether fears associated with this term are based on solid arguments becomes pertinent. Third, this article outlines the possibility of granting refugee status under international law, especially under human rights and environmental law. Fourth, academic discourses will be examined as they play a crucial role in the conceptual development of ‘environmental refugee’ and, to some academics, the existing refugee definition already encompasses ‘environmental refugees’. Taking into account the developments of the environmental and human rights regime, this article concludes that time is ripe for international law to provide refugee status to environmentally displaced people. (shrink)

The effects of climate change and increasing environmental pollution have clearly shown the vulnerability of individuals, local communities, and the natural environment, even in the Western context. However, despite such unquestionable data, International Law is still struggling to find adequate, unambiguous, effective solutions to the issue. Even the ‘human right to a healthy environment’, recognised by the UN General Assembly in 2022, is permeated by an anthropocentric idea of the world, which prevents it from fully dealing with ecosystem issues (...) so as to protect any living and non-living being. The paper starts by exploring the historical relevance of the concept of limit and the lack of boundaries in contemporary society, aiming to show that new semantics are needed, in order to overcome contemporary extractivism. An analysis of international legislation and jurisprudence will investigate the role that the concept of ecosystem vulnerability might play in the implementation of both human rights and the rights of nature. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these international developments, as (...) I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

The international law regulating resort to armed force, still known by the Latin phrase, the jus ad bellum, forms a principal substantive subfield of international law, along with human rights law, international environmental law, and international economic law. Among theologians, philosophers, and political scientists, just war theory is a major topic of study. Nevertheless, only a minority of scholars and practitioners know both jus ad bellum and just war theory well. Lack of knowledge has led to the erroneous view (...) that the two areas are in conflict. This article responds to this misapprehension, explaining the deep compatibility of international law and just war theory. Today's jus ad bellum, especially the peremptory norm against aggression, is not only the law; it also forms the minimum threshold of a just war under just war theory. In other words, for a war to be morally just, it must at least be lawful. To go to war in violation of the jus ad bellum is both a legal and a moral wrong. Compliance not only fulfills the general moral good of obedience to law; it forms the first step toward fulfilling moral obligations in the grave area of war. This characterization of the relationship between law and morality is seen in the history of the legal prohibition on force and in the actual set of rules that make up the contemporary regime. Comprehensive and persuasive accounts of the jus ad bellum and just war theory consistently reflect this thesis. (shrink)

The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...) law with other fields of law namely environmental law, human rights law, and intellectual property law. (shrink)

The author of the article describes globalization processes as inevitable historic and objective phenomena, the driving force of society’s development and progress. It is emphasized that these processes result in harmful effects of global character on the environment and society. In the opinion of the author, one of the most important negative effects of globalization is the increase in environmental pollution which in turn results in the change of climate, extreme ecological situations, and threats to the natural environment and (...) human health. The author argues that one of the main legal instruments for limiting and neutralizing the harmful effect of pollution on the environment and society is the integrated system of environmental legal regulation. The author considers the safeguarding of the environmental objects and resources (climate atmosphere, soil and subsoil, water, air, biologic diversity, etc.) as the object of the legal regulation of the integrated environmental protection. What is more, the author of the article analyzes certain problematic aspects related to climate change and integrated prevention and control of climate pollution which are regulated under the new integrated institute of environmental protection under the environmental protection law. The author compares the provisions of international agreements, the European Union and Lithuanian legislation regarding these relations and concludes that Lithuania has not fully met its international obligations in this field. (shrink)

Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. 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 written and customary norms laid (...) down in documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational 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, initiate changes in international criminal law and other. (shrink)

_A Companion to Environmental Philosophy_ is a pioneering work in the burgeoning field of environmental philosophy. This ground-breaking volume contains thirty-six original articles exemplifying the rich diversity of scholarship in this field. Contains thirty-six original articles, written by international scholars. Traces the roots of environmental philosophy through the exploration of cultural traditions from around the world. Brings environmental philosophy into conversation with other fields and disciplines such as literature, economics, ecology, and law. Discusses environmental problems (...) that stimulate current debates. (shrink)

Doing Environmental Ethics offers a way to face our ecological crisis that draws on environmental science, economic theory, international law, and religious teachings, as well as philosophical arguments. It engages readers in constructing ethical presumptions based on our duty, our character, our relationships, and our rights. Then it tests these moral presumptions by predicting the likely consequences of acting on them. Readers apply what they have learned to specific policy issues discussed in the final part of the book: (...) sustainable consumption, environmental policy, clean air and water, agriculture, managing public lands, urban ecology, and climate change. Questions after each chapter and a worksheet aid readers in deciding how to live more responsibly as consumers and as citizens. “What you do matters,” Robert Traer writes, “and the person you are also matters. In ethics we look for reasons to explain why this is so.”. (shrink)

Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into eff ective global institutions? Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the eff ects of such bureaucratization of cosmopolitan ideals? Th is book examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of (...) global concern are analyzed: environmental protection; economic regulation; peace and security; the fight against international crimes; and migration. -/- . (shrink)

Glocal environmental governance lags behind the science regarding the seriousness of the combined environmental and developmental challenges. Governance regimes have developed differently in different issue areas and are often inconsistent and contradictory; furthermore governance innovations in each area lead to new challenges. The combined effect of issue-based, plural, and fragmented governance raises key normative questions in environmental governance. Hence, this overview paper aims to address the following questions: How can the global community move towards a more normatively (...) consistent global architecture for sustainable development? In order to address this question, I first examine the key normative issues and the nature of governance in the area of climate change, water and forests. In doing so I also look at the implications of each for food production, safety and security. The paper concludes that there are strong normative and architectural inconsistencies between the fragmented and plural issue-specific regimes; that such inconsistencies are inevitable in an ‘anarchic’ international order; that some degree of normative coherence can be strived at through the adoption of global constitutionalism and rule of law; and that the present discussion on global sustainable development goals is a first step towards creating a normatively consistent global architecture for sustainable development. (shrink)