This Chapter attempts to highlight the existence of a veritable cornucopia of uncharted areas in a treaty’s ‘life-cycle’ where a strictly legal approach is not sufficient and where PE/IPE can yield valuable insight. The law of treaties will be examined mainly through the lens of IPE, and as an explanandum (dependent variable), while methodologically the analysis for the most part, will be conducted under the second column of Kantorowicz’s epistemological trilogy , i.e. Realwissenschaft (sociological perspective). In the Section, however, ‘Evolutive Interpretation’ due to the very nature of that analytical part the third column will also be used, i.e. Normwissenschaft (doctrinal perspective). The Chapter does not purport to provide a complete list of all IPE approaches and tools to explain law of treaties in toto. This field of PIL is so open-ended and allows for adoption of so many different approaches in the design and functioning of treaties that any such exhaustive attempt would be an exercise in futility. For this reason, the aim is to highlight the fact that there is a multitude of areas of the law of treaties which have not yet been the subject of IPE analysis and to pinpoint those where IPE considerations, approaches and tools may or are needed to come into play in order to understand the outcome. Consequently, the content of this Chapter has been structured following a ‘from cradle to grave’ approach and the following areas have been selected for their instructional value: i) non-State determination of the existence of a treaty ii) evolutive interpretation iii) Normative conflict and iv) termination of treaties.
Panos Merkouris and Marie-Aure Perreaut
Abstract In ‘The Tragedy of the Commons’ Hardin suggested that with respect to global commons we are trapped in a vicious circle where calculations of utility push us to keep polluting our own nest. This taken on a global scale has led to concerns about climate change and a realization that measures need to be taken to mitigate or adapt to its deleterious effects. The present chapter briefly examines the history of the negotiations so far towards adopting climate change treaties, as well as the strengths and weaknesses of the said documents. It then highlights the three main challenges in climate change regulation: the systemic (designing of international climate policy); the functional (normativity of COP/MOP decisions); and the adjudicative (application of State responsibility in climate change and invocation of the State’s rules in international/domestic litigation).
Malgosia Fitzmaurice and Panos Merkouris
Edited by Malgosia Fitzmaurice, David M. Ong and Panos Merkouris
This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea.