Legal Reasoning in Environmental Law

Legal Reasoning in Environmental Law

A Study of Structure, Form and Language

Douglas Fisher

Legal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law.

Chapter 7: Internationally accepted rules: Implementation measures

Douglas Fisher

Subjects: environment, environmental law, law - academic, environmental law, legal theory, public international law


The formulation of paralegal rules in the Stockholm Declaration 1972 may be seen as the catalyst for the more formal mechanisms for environmental governance that emerged through the conventions applying to sectors of the global environment: those for the protection of the marine environment and the atmospheric environment and for the conservation of wetlands. These were for the most part structured as propositions in the form of objectives to be achieved and propositions in the form of obligations of increasing specificity designed to ensure the achievement of these objectives. These conventions were relatively limited in their scope. However the increasing recognition of a community of interest in environmental governance at large was beginning to lead to a wider and increasingly global interest in how resources are managed as well as the environment protected. The Paris Convention for the Protection of the World Cultural and Natural Heritage 1972, for example, acknowledged the inchoate concept of the world heritage at a global level. This momentum increased and to some extent reached its apotheosis with the Rio Declaration 1992. The increasing extent of this potentially global community of interest may be seen first of all in the United Nations Convention on the Law of the Sea 1982 and then in the series of multilateral agreements that emerged in response to the paralegal rules stated in the Rio Declaration 1992. The focus prior to 1992 was for the most part the protection of the environment. After 1992 the objectives were global and included not only protection of the environment but also the way natural resources should be managed.

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