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Institutional foundations of IEL

Delve into the complexities of IEL, analyzing UN roles, treaty life cycles, fragmentation, and normative principles. Explore sources, principles, and practical applications shaping global environmental governance.

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Institutional foundations of IEL

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  1. Institutional foundations of IEL • The role of the UN – UNEP • The life of a treaty: From “birth” via “adolescence” to “retirement”? • The split between UNEP and CSD • Regionalisation of IEL • To which degree is IEL fragmented? • Current status and trends • Do we see the emergence of a WEO? • The strength of existing global institutions • The strength of the regional instruments and institutions • Political problems • The differences between areas of IEL

  2. Normative foundations of IEL • Basic rules and principles • Stockholm, World Charter for Nature, UNCED and beyond • Common provisions in treaties • Customary international law • Territorial sovereignty and cross boundary harm • Responsibility vs. liabilility • Treaty law • Step-by-step • Problem – need for international cooperation – common objectives – common obligations – common measures • What is the general status in IEL? • The use of framework conventions and protocols • Regionalisation or globalisation?

  3. Sources of IEL – treaties • Distinction between ”sources” and ”interpretative arguments” • Treaties • ”Context” of treaties, VCLT art. 31.2 • Subsequent ”agreement” or ”practice” under treaties, VCLT art. 31.3 • The importance of ”soft law” • Interaction between treaties, VCLT art. 31.3 • ”Supplementary means of interpretation” • Preparatory works, case law, legal doctrine, state practice, practice of IGOs • Customary law, general principles of law • Reasonableness

  4. Sources of IEL – customary law • Substantive issues • Cross border harm • Harm to common resources • Extension to domestic management of natural resources? • Procedural and cooperative issues – Draft Articles on Prevention • Elements of customary international law • State practice – amount, time, consistency • The great variety of potential State practice • YBIEL as a source for information about State practice • Opinio juris – which practice is relevant?

  5. Sources of IEL – general principles of law • ICJ Statutes art. 38: Principles derived from domestic law • The distinction between principles and customary international law • What is the origin of principles of environmental law? • Which are the main functions of principles of environmental law? • Potential general principles of law • Good neighbourliness • Liability for environmental harm from lawful activities

  6. Principles of IEL • Both customary international law and general principles of law

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