Climate Change and International Environmental Law: Musings on a Journey to Somewhere

French, Duncan; Rajamani, Lavanya

doi:10.1093/jel/eqt022

Cited by 16 publications

(10 citation statements)

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“…The case was brought by Nicaragua in the year 2001. It was found that there were no much Maritime issue as in 1928 the only cause would have been a conflict over the overlapping claims to 3 nautical miles territorial sea (Duncan & Rajamani, 2013). However, the islands were very far from each other over 100 nautical miles, therefore, it cannot be regarded as an issue 5 .…”

Section: South China Sea Arbitration Case (Pca)mentioning

confidence: 99%

“…However, the islands were very far from each other over 100 nautical miles, therefore, it cannot be regarded as an issue 5 . Initially, there is no such law of the sea that can prevent the Columbian Navy to operate throughout this region (Duncan & Rajamani, 2013). The outer line limit of Nicaraguan territorial sea is most probably 12 nautical miles from the Nicaraguan Coast 6 .…”

Section: South China Sea Arbitration Case (Pca)mentioning

confidence: 99%

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Adjudicating International Environmental Law Litigation: Recent Development of Case Law

Okonkwo¹

2017

BLR

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This article revolves around distinct dimensions related to the international environmental legal framework. In the recent years, there have been various developments in the field of international environmental law. Some of the interstate disputes have raised concern towards resolving environmental issues. There are three well-known cases properly discussed in this article, i.e. Indus Waters Kishenganga, South China Sea and Pulp Mills case. In all of these three cases, a new jurisdiction has been proclaimed giving a new side to the international environmental litigation. For instance, ICJ's judgement introduced the need for inclusion of EIA in the Pulp Mills case. On the contrary, the Partial Award in the case of Indus Waters Kishenganga, extended rights of India over Indus River but restricted the State from conducting extensive operations. The South China Sea case prohibited China from exercising historic rights over resources which belong to the nine dash line.

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Section: South China Sea Arbitration Case (Pca)mentioning

confidence: 99%

Section: South China Sea Arbitration Case (Pca)mentioning

confidence: 99%

Adjudicating International Environmental Law Litigation: Recent Development of Case Law

Okonkwo¹

2017

BLR

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“…30 The practical effect of this resolution was an informal amendment of CITES or, at a minimum, the adoption of a very particular interpretation of the obligation laid down in which established wide-ranging and detailed rules relating to its implementation. 32 More significantly, the 1992 United Nations Framework Convention on Climate Change (UNFCCC) 33 COP adopted the Copenhagen Accord in 2009, 34 which, whilst soft in character, was described prior to 2015 as "the most influential document that has emerged from the climate negotiations in the recent past", 35 and which established the two degrees Celsius target that was ultimately incorporated into the 2015 Paris Agreement. 36 More generally, all non-compliance procedures adopted under MEAs to date have been established by means of a COP or MOP decision although in all cases the original mandate for such a procedure can be found within the relevant treaty text.…”

Section: B Developing Dynamic Treaties Through Amendment Interpretatmentioning

confidence: 99%

The Dynamic Evolution of International Environmental Law

Scott¹

2018

VUWLR

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This article will explore selected innovations within multilateral environmental agreements that have contributed to the dynamic evolution of international environmental law within the context of the traditional rules relating to treaties, international institutions and state responsibility. It will argue that whilst these innovations undoubtedly push and develop the boundaries of these areas of law, they do not represent a significant departure from the traditional principle of consent that underpins international law more generally. But should they? The period of modern international environmental law (from 1972 to date), which from a lawyer's perspective might be described as dynamic and innovative, has simultaneously witnessed significant and persistent environmental change and degradation across the biosphere, atmosphere and hydrosphere. The question for 21st century environmental lawyers is whether international environmental law is fit for the Anthropocene and whether there is sufficient scope for future dynamic evolution within the constraints and structures of the existing international legal system.

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“…30 Decision 9/CP.19, Preamble and para 5. 31 GCF, Initial logic model and performance measurement framework for REDD+ results-based payments, GCF/B.08/08/Rev.01 (2014), Annex III. 32 Ibid. safeguards 33 and the consequences of lack of compliance.…”

mentioning

confidence: 99%

“…33 GCF, Guiding framework and procedures for accrediting national, regional and international implementing entities and intermediaries, including the fund's fiduciary principles and standards and environmental and social safeguards, GCF/B.06/09 (2014 exists between the need to ensure comparability and some degree of streamlining in the information Parties provide, on the one hand; and that to enable a country-driven approach that is not overly burdensome, on the other. More generally, the overall uncertainty characterising the status of REDD+ under the climate regime reflects also on the legal status of REDD+ safeguards.…”

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confidence: 99%

The legal status and role of safeguards

Savaresi¹

2016

Research Handbook on REDD-Plus and International Law

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The past decade has seen remarkable evolution in the field of international law in relation to the protection of human rights, though much of the law reflecting this evolution is either soft law or only binding at the domestic level. Businesses formerly insulated by the cover of private law, are receiving greater attention for their role in human rights abuses, a field generally defined and defended by public law. Almost in parallel, the role of states in protecting human rights outwith their borders has also shifted. Gone are the days when states simply looked the other way as the populations of another state suffered due to the neglect or offenses of their government. A collective conscience has evolved -a conscience that no longer tolerates human deprivation and suffering at the hands of actors that were formerly 'off-limits' for the purposes of global human rights scrutiny. This paper examines the expanding recognition of business as a human rights duty-bearer and how this expansion reflects the transitioning role of states through the responsibility to protect concept. The key to both developments lies in the need for states to focus on prevention by carrying out effective due diligence.

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Climate Change and International Environmental Law: Musings on a Journey to Somewhere

Cited by 16 publications

References 0 publications

Adjudicating International Environmental Law Litigation: Recent Development of Case Law

Adjudicating International Environmental Law Litigation: Recent Development of Case Law

The Dynamic Evolution of International Environmental Law

The legal status and role of safeguards

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