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This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration. ; https://digitalcommons.law.uidaho.edu/facw_books/1003/thumbnail.jpg

Universal declaration of human rights with emphasis on Non-discrimination between people and right on food for all, struggle to distribute justice for human. Live in healthy environment is one of fundamental rights for human But the development of civilization, especially since the industrial revolution accelerated the degradation of the environment. Human efforts to protect the environment have intensified since the late twentieth century but most of them have focused on prevention environment destruction rather than its influences on human. Focusing of environmental treaties instead of preventing damage to people, restrict harmful behavior for environment. Similarly, principles of international environmental laws are prevention of Damage to the environment and responsibility for its compensation. In contrast, international human rights completely focus on human; nevertheless, only in two human rights treaties, the right to a healthy environment, are binding. There are no mechanisms for Compensation for victims of human rights violations. Distribution of the sources of pollutants in the world is indicative environmental injustice. Not only in the world but also in the inside of countries, the sources of pollutants are closer to areas which people of color and lower income live. Some believe that environmentalism as new form of imperialism is formed in which developed countries are trying to impose their preferences and priorities concerning environment to developing countries. Also World Bank and IMF impose to developing countries to accept wastes which are exported by developed countries and accept polluter industries in their countries. Environmental justice in connection with procedural justice and political justice are issues that can investigate these claims. This article examines the lack of binding Law or judicial procedure in international law to compensate victims of environmental injustice especially in peace time and discusses Legal remedies in international law against environmentalism in relation with taxonomy of environmental justice. DOI:10.5901/ajis.2013.v2n9p504

It is recommended to consider linguoecology as a new direction in the development of international environmental law and Russian environmental law. Public relations related to linguoecology are of an international nature. The author proposes an innovative algorithm for the use of procedures for reforming the structures of both Russian national environmental law and international environmental law.

The paper examines the current state of international law in relation to the problem of environmental migrants. The existing legal categories of political refugees and economic migrants are not well suited to find the right legal response to the migrants fleeing from environmental degradation. The existing international law agreements fail to provide clear guidance to address the current problem of the displaced people who flee from ecological catastrophes. The lack of legal clarity can be rectified by adopting the view of the natural law tradition as reflected in major world religious traditions. The principles of natural law provide clear, stable, and authoritative moral principles to be applied to solve complex problems when the legitimate interests of the environmental refugees collide with the legitimate interests of the states of asylum. The aim of this paper is to demonstrate that the moral principles as articulated in the world religions can assist the decision makers to find the right balance between the interests of local population and the interests of the environmental migrants. บทความนี้ทบทวนสถานะของกฎหมายระหว่างประเทศในประเด็นปัญหาของผู้อพยพด้านสิ่งแวดล้อม การจำแนกผู้อพยพด้านการเมืองและเศรษฐกิจ โดยกฎหมายที่ดำรงอยู่ยังไม่เหมาะสมต่อการค้นหามาตรการทางกฎหมายสำหรับผู้อพยพจากความเสื่อมโทรมทางสิ่งแวดล้อม ข้อตกลงของกฎหมายระหว่างประเทศที่ดำรงอยู่ ไม่สามารถจัดหาแนวทางที่ชัดเจนในการตอบสนองต่อประชาชนผู้โยกย้ายจากหายนะทางนิเวศน์ การขาดความชัดเจนด้านกฎหมายสามารถปรับแก้ได้ด้วยการรับมุมมองของแนวคิดกฎหมายธรรมชาติ ซึ่งปรากฏอยู่ในศาสนาหลักของโลก หลักกฎหมายธรรมชาติเสนอหลักการที่ชัดเจน มั่นคง มีอำนาจทางศีลธรรม ซึ่งสามารถนำมาแก้ไขปัญหาที่ซับซ้อน เมื่อผลประโยชน์ของผู้อพยพด้านสิ่งแวดล้อมเผชิญกับผลประโยชน์ของรัฐที่ลี้ภัย เป้าหมายของบทความนี้ต้องการอธิบายว่าหลักการทางศีลธรรม ซึ่งถูกสร้างขึ้นในมุมมองทางศาสนาสามารถช่วยผู้ทำหน้าที่ตัดสินใจค้นหาความสมดุลย์ระหว่างผลประโยชน์ของประชาชนในท้องถิ่นกับผลประโยชน์ของผู้อพยพด้านสิ่งแวดล้อม

El Derecho Ambiental Internacional constituye un conjunto de normas básicas de carácter ambiental destinadas a reglar las relaciones y los efectos jurídicos de esa relaciones, entre los diferentes sujetos del Derecho Internacional Público. El objetivo de dichas normas consiste en la incorporación de la variable ambiental al proceso de toma de decisiones en la política y gestión ambiental. ; International Environmental Law constitutes a body of basic environmental norms destined to rule relations and their juridical effects among the different Public International Law subjects. The aim of such norms is to incorporate the environmental variable to the decision making process in environmental management and politics. ; Dossier: Medio Ambiente y Desarrollo ; Instituto de Relaciones Internacionales

International environmental law is a set of rules and regulations of international law governing the relations between followers and actors of international law including governmental and non-governmental laws in order to protect environment as well as it is an emerging field whose turning point was Stockholm Conference in 1972. Since then, this field has undergone many changes and lawyers have divided the path evolution into three stages: the 1972 conference, the 1992 Rio Conference and the Rio + 20 Conference; these developments are mainly focused on issues such as development of preventive measures, extend the guarantees of governments' environmental commitments, adjust governments will and curtail national sovereignty principle. However, the process has faced obstacles and limitations such as lack of financial resources, environmental issues and national preferences and governance. Strong and efficient international institutions should be established that have necessary competence and ability in advancing environmental objectives in order to accelerate this process. ; International environmental law is a set of rules and regulations of international law governing the relations between followers and actors of international law including governmental and non-governmental laws in order to protect environment as well as it is an emerging field whose turning point was Stockholm Conference in 1972. Since then, this field has undergone many changes and lawyers have divided the path evolution into three stages: the 1972 conference, the 1992 Rio Conference and the Rio + 20 Conference; these developments are mainly focused on issues such as development of preventive measures, extend the guarantees of governments' environmental commitments, adjust governments will and curtail national sovereignty principle. However, the process has faced obstacles and limitations such as lack of financial resources, environmental issues and national preferences and governance. Strong and efficient international institutions should be established that have necessary competence and ability in advancing environmental objectives in order to accelerate this process.

Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree at Strathmore University Law School ; This dissertation explores two principal research questions: first, whether international law provides for a mechanism that protects those moving away from harsh environmental conditions and secondly, whether existing international refugee laws can be adopted with necessary modifications to contain 'environmental refugees'.The point of departure of this dissertation will be the existing 1951 Geneva Convention relating to the Status of Refugees enacted six decades ago to protect people fleeing persecution of their civil and political liberties. It will be argued that this Convention is an antiquated form of protection for the recent wave of migration patterns across international borders to escape environmental calamities witnessed from across the Sahel and the Horn of Africa, as well as the Soviet Union, Latin America and low-lying islands such as Tuvalu and Kiribati. As such there is a new breed of refugees who will be named 'environmental refugees' for purposes of this study, who cannot find solace in the existing refugee laws. The dissertation will investigate the existing international and regional laws in detail, as well as alternative protective regimes before recommending a holistic approach in dealing with this emergent crisis.

A lei ambiental internacional é um conjunto de regras e regulamentos do direito internacional que regem as relações entre seguidores e atores do direito internacional, incluindo leis governamentais e não- governamentais para proteger o meio ambiente, e é um campo emergente cujo ponto de virada foi a Conferência de Estocolmo em 1972. Desde então, este campo sofreu muitas mudanças e os advogados dividiram a evolução da estrada em três etapas: a conferência de 1972, a Conferência do Rio em 1992 e a Conferência da Rio + 20; Esses desenvolvimentos são principalmente focados em questões como o desenvolvimento de medidas preventivas, a ampliação das garantias de compromissos ambientais dos governos, o ajuste dos governos e a redução do princípio da soberania nacional. No entanto, o processo tem enfrentado obstáculos e limitações, como falta de recursos financeiros, questões ambientais e preferências e governança nacionais. Instituições internacionais fortes e eficientes, com a competência e capacidade necessárias para avançar objetivos am

What, is truly "environmental" about environmental law? This Article is the first attempt to answer this question by integrating Law & Literature scholarship with the study of environmental law. I argue that competing narratives of nature and culture common to the American environmental imagination play a more significant role in environmental law and litigation than previously acknowledged. These competing narratives, communicated through a known set of environmental stories and tropes, are used by attorneys to establish, frame, narrate and argue their cases, and they are absorbed, reimagined, reframed and retold by judges in their written opinions, making environmental law a kind of expressive, literary event. To illustrate this process, the Article examines two important and highly visible case studies: the reintroduction of gray wolves into the Northern Rocky Mountains and the public nuisance climate change lawsuit that culminated in the Supreme Court's decision in Connecticut v. American Electric Power. A close reading of the pleadings, legal briefs and judicial opinions in these case studies demonstrates that courts respond to and reinforce traditional environmental stories, such as wilderness tales and the environmental apocalyptic, but evince a strong preference for a less well-known story, which I call the Progressive Management Machine. The Progressive Management Machine promises reconciliation of competing environmental narratives through administrative process and science-driven decision making, but, in so doing, masks its own contravention of those same narratives. The approach developed here launchesa larger project exploring the dynamic relationship between environmental law, literature and narrative. This Article, like the larger project, seeks to elucidate not only various litigators' and judges' rhetorical strategies but also the purposes, content and significance of environmental law.

An annotated bibliography of documents related to national environmental laws, pollution control regulations and experiences in implementing legislative authorities. ; Mode of access: Internet. ; Water Resources Collections and Archives (WRCA).

Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for environmental law enforcement. Many treaties have regulated the environment, mainly deforestation, and many countries have ratified these treaties. However, implementing these regulations did not necessarily stop countries from deforesting.Purposes of the Research: Furthermore, in this research, steps that could be implemented to tackle deforestation internationally were given.Methods of the Research: This research was normative juridical research that examined an international law regulation, using qualitative analysis, and using secondary data.Results of the Research: Based on international data, many countries still carried out desertification, which amounts to thousands of hectares per year. One of the reasons for the weak implementation of treaties relating to environmental protection was the absence of coercive power from international conventions over the State's sovereign authority in forest management.Weak international environmental enforcement is caused by inadequate supervision and control as well as strong authority based on state sovereignty over forest management and utilization which depends on government policies, and the system of settlement and imposition of fines that still originate from a lawsuit

This Note poses the question of whether—and how—lawmaking can create a platform for promoting an environmental ethic. There is a body of scholarship about how values or virtue ethics impact lawmaking, but this Note also explores the opposite—how lawmaking impacts the values or virtue ethics of the public. Environmental ethicists disagree about the very origins of environmental ethics. Some thinkers believe that environmental ethics stem from "core values" that are inherent to human nature. Others posit a set of "green virtues" that can be learned. But there is agreement that education through exposure to the natural world is fundamental to ethical development. Ideally, people develop green virtues that guide their everyday actions but, to encourage a true love of the natural world, their core values must be awakened; this is done locally, via connections to wild spaces. Through the creation of national parks and through public land-granting, law creates a platform that can contribute to the formation of environmental consciousness, from materializing the "wilderness" ideal to demonstrating the value of "otherness." The relationship between environmental law and environmental ethics creates a virtuous circle—in both senses of the word—as virtue drives enriched environmental law as much as environmental law has the capacity to create green virtues. The virtuous circle concept risks the implied instrumentalization of virtues, robbing them of intrinsic realization by using them as policy tools. However, this is a false dichotomy; environmental law is a tool that can be used by a democracy to change itself by creating a different set of experiences to make concrete the values that we hold in abstraction or as aspiration. This Note draws on Aristotle's virtue ethics to posit that lawmaking can create a holistic platform for people to learn how to practice an environmental ethic, which in turn promotes the passage of new regulatory and protective environmental laws.

This paper examines the uneasy relationship between the regulation of international trade and international environmental law. In particular, it focuses on two GATT panel decisions that struck down US-imposed trade embargoes on tuna products imported from countries that the US considered killed too many dolphins in their tuna fisheries. The implications of the decisions went far beyond the immediate environmental issue that faced the GATT panels, bringing into question the validity of trade sanctions as a means of enforcing and strengthening existing multilateral environmental agreements. At the same time, however, a critical examination of the American position reveals serious flaws in the environmental policy the trade embargoes were meant to support. The article, therefore, concludes that more effective international environmental regulations are best pursued through cooperative initiatives on the international stage. *** Cet article examine les relations troublées entre la règlementation du commerce extérieur et le droit international de l'environnement. En particulier, l'article examine deux décisions des tribunaux sous le GATT qui ont annulées deux embargos imposes par les États-Unis sur du thon importé qui venait des pays qui, selon les États-Unis, ont tué trop de dauphins pendant la pêche au thon. Les conséquences des décisions vont au-delà de la question précise devant les tribunaux sous le GATT. Ils mettent en doute la validité des sanctions pour renforcer et améliorer les accords internationaux sur l'environnement. Cependant, au même temps, une analyse critique de la position américaine soulève des graves problèmes dans la politique environnementale que les embargos devaient soutenir. L'article conclut donc que la règlementation internationale de l'environnement doit se faire à partir d'initiatives coopératrices.

This paper examines the uneasy relationship between the regulation of international trade and international environmental law. In particular, it focuses on two GATT panel decisions that struck down US-imposed trade embargoes on tuna products imported from countries that the US considered killed too many dolphins in their tuna fisheries. The implications of the decisions went far beyond the immediate environmental issue that faced the GATT panels, bringing into question the validity of trade sanctions as a means of enforcing and strengthening existing multilateral environmental agreements. At the same time, however, a critical examination of the American position reveals serious flaws in the environmental policy the trade embargoes were meant to support. The article, therefore, concludes that more effective international environmental regulations are best pursued through cooperative initiatives on the international stage. *** Cet article examine les relations troublées entre la règlementation du commerce extérieur et le droit international de l'environnement. En particulier, l'article examine deux décisions des tribunaux sous le GATT qui ont annulées deux embargos imposes par les États-Unis sur du thon importé qui venait des pays qui, selon les États-Unis, ont tué trop de dauphins pendant la pêche au thon. Les conséquences des décisions vont au-delà de la question précise devant les tribunaux sous le GATT. Ils mettent en doute la validité des sanctions pour renforcer et améliorer les accords internationaux sur l'environnement. Cependant, au même temps, une analyse critique de la position américaine soulève des graves problèmes dans la politique environnementale que les embargos devaient soutenir. L'article conclut donc que la règlementation internationale de l'environnement doit se faire à partir d'initiatives coopératrices.

International environmental law is undergoing a serious crisis. In order to improve its "environmental effectiveness", the adoption of a new founding paradigm is necessary. The new paradigm ought to be based on the concept of "ecological sustainability", grounded on the duty to protect and restore the integrity of the eco-systems. Besides setting the framework for the revision of international environmental law on the basis of the "ecological sustainability" paradigm, this paper focuses on its application in climate change law. In this sense, a critical analysis is provided on the application of the most relevant flexibility mechanisms foreseen at international level by the Kyoto Protocol, namely the Clean Development Mechanism (CDM) and Emissions Trading, as well as of the most interesting instruments applied at EU level, namely the European Union Emissions Trading Scheme (EU ETS) and Carbon Capture and Storage (CCS). ; The Redefining the Transatlantic Relationship and its Role in Shaping Global Governance (TRANSWORLD) project is funded by the European Union's 7th Framework Programme under grant agreement no. 290454.