Table of Contents

Research Handbook on the Theory and Practice of International Lawmaking

Research Handbook on the Theory and Practice of International Lawmaking

Research Handbooks in International Law series

Edited by Catherine Brölmann and Yannick Radi

The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a comprehensive guide to the theory and practice of international law‐making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. The book contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity.

Chapter 19: The making of international environmental law

Francesca Romanin Jacur

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

Abstract

When looking at the development of international environmental law, different normative instruments should be considered. On the one hand, there are the Multilateral Environmental Agreements (MEAs), which greatly contribute to shape principles and norms in this field through their treaty provisions and decisions of their bodies. These regulatory tools and processes have raised criticisms with regard to their legitimacy and effectiveness. On the other hand, contemporary environmental matters are increasingly linked with economic development and human rights issues. In this highly interdependent context, trade and investment agreements, judgments and awards by judicial and quasi-judicial bodies influence the formation of international environmental law. This chapter focuses, firstly, on the features of MEAs decision-making procedures; secondly, it highlights how environmental matters are taken into account by international judiciaries, by trade and investment regimes and in non-state actors’ rules. The concluding remarks suggest ways to improve the integration and synergies among these legal regimes.

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