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1 - The environment and international society: issues, concepts and definitions

from Part I - The legal and institutional framework

Published online by Cambridge University Press:  05 June 2012

Philippe Sands
Affiliation:
University College London
Jacqueline Peel
Affiliation:
University of Melbourne
Adriana Fabra
Affiliation:
Universitat de Barcelona
Ruth MacKenzie
Affiliation:
University of Westminster
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Summary

Given that the land – and the sea – and the air-spaces of planet Earth are shared, and are not naturally distributed among the states of the world, and given that world transforming activities, especially economic activities, can have effects directly or cumulatively, on large parts of the world environment, how can international law reconcile the inherent and fundamental interdependence of the world environment? How could legal control of activities adversely affecting the world environment be instituted, given that such activities may be fundamental to the economies of particular states?

THE ENVIRONMENTAL CHALLENGE

It is widely recognised that the planet faces serious environmental challenges that can only be addressed through international co-operation. Acid rain, ozone depletion, climate change, loss of biodiversity, toxic and hazardous products and wastes, pollution of rivers and depletion of freshwater resources are amongst the issues that international law is being called upon to address, and since the mid-1980s the subject of international environmental law has emerged as a discrete field of public international law, although one that is closely related to many other areas. The conditions contributing to the emergence of international environmental law are easily identified: environmental issues are accompanied by a recognition that ecological interdependence does not respect national boundaries and that issues previously considered to be matters of domestic concern have international implications – at the bilateral, sub-regional, regional or global levels – that can frequently only be addressed by international law and regulation.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

Trenberth, Kevin‘More Knowledge, Less Certainty’Nature Reports Climate Change 20 2010Google Scholar
Henderson, D.‘The Climate Change Debate Today: COP15, the CRU Affair, and the Basis for Policy’ 21 Energy and Environment 2010CrossRefGoogle Scholar
Peel, J.Science and Risk Regulation in International LawCambridge University PressCambridge 2010CrossRefGoogle Scholar
Esty, D.‘Revitalizing Environmental Federalism’Michigan Law Review 570 1996Google Scholar
Revesz, R.‘Rehabilitating Interstate Competition: Rethinking the “Race to the Bottom” Rationale for Federal Environmental Regulation’New York University Environmental Law Review 1210 1992Google Scholar
Revesz, R.‘The Race to the Bottom and Federal Environmental Regulation: A Response to Critics’Minnesota Law Review 535 1997Google Scholar
Sands, P.Vers une Transformation du Droit International? Institutionaliser le DouteParis 2000Google Scholar

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