Environmental change and international law: New
challenges and dimensions This is the old United Nations University website. Visit the new site at http://unu.edu
Environmental change and international law: New
challenges and dimensions
Edited by
Edith Brown Weiss
United Nations University Press
© The United Nations University, 1992
The views expressed in this publication are those of the authors and do not necessarily represent the views of the United Nations University.
United Nations University Press
The United Nations University
53-70, Jingumae 5-chome, Shibuya-ku,
Tokyo 150, Japan
Tel.: (03) 3499-2811 Fax: (03) 3499-2828
Telex: J25442 Cable: UNATUNIV TOKYO
Typeset by Asco Trade Typesetting Limited, Hong Kong
Printed by Permanent Typesetting and Printing Co., Ltd., Hong
Kong
Cover design by Apex Production, Hong Kong
HDGC-1/UNUP-818
ISBN 92-808-0818-4
United Nations Sales No. E.92.III.A.5
04000 P
This book is dedicated to the memory of Edward Ploman
Edward Ploman, known to colleagues and friends as Eddi, served as the Vice-Rector of the Global Learning Division of the United Nations University from 1982 to 1986. He was keenly interested in global environmental issues and in the role that international law could play. At the time of his death, he was a member of the group contributing to this book. The draft of his contribution to the book is contained in appendix A.
Note to the reader from the UNU
1. Global environmental change and international law: the introductory framework
I. Trends in global environmental change
II. The development of international environmental law
III. Themes
IV. Important future themes
V. Organization of the book
Notes
Issues in international environmental law
A. The international legislative process
B. Steps in the treaty-making process
C. The creation of customary law
D. The creation of soft law
E. Concluding remarks
Annex
Notes3. Changing requirements for international information
Introduction
Changing environmental information requirements
Better understanding of environmental conditions and trends
International environmental impact assessments?
Information to strengthen international agreements
Ecosystem and resource information with policy implications
The precautionary principle
A new regime for sustainable development
Recent developments
Looking ahead
Notes4. Emerging principles and rules for the prevention and mitigation of environmental harm
Introduction
1. Significance and role of principles and rules of prevention and mitigation
2. Traditional norms, principles, and rules
3. Characteristics of global environmental change
4. Double-track approach as a treaty-making technique
5. Emerging principles and rules of prevention and mitigation
6. Toward an international management of global environmental change
Notes1. The evolving law of state responsibility
2. New environmental realities and their impact upon the law
3. Conceptual developments and the new basic principle of international law
4. The expanding scope of the law: global reach and international cooperation
5. Material changes in the law of state responsibility
6. Expanding the protection of the affected interests
7. Liability for acts not prohibited by international law: the ongoing debate
8. The expanding role of practice: substantive and procedural developments
9. The protection of the marine environment: a leading case of innovation
10. The Antarctic environment: developing a comprehensive regime for responsibility and liability
11. The new law of state responsibility: improvement and caution
12. Avoiding environmental degradation and opposing the world ecological government: a conclusion
Notes6. Law and global environmental management: some open issues
The point of departure
International preventive norms and mechanisms
Compensatory remedies: gaps and trends in international law
Enforcement: deterrence: incentives and disincentives
Future outlook
NotesAn overview of international environmental legislation and its implementation
The status of third-world states in international environmental legislation and its implementation
Some personal views and suggestions to encourage a more positive role of the third world in the legislation and implementation of international environmental law
Notes
Appendix: a case-study: China's positive attitude toward the adoption and implementation of international environmental legislation
Notes
International human rights law and environmental problems
An introductory note on a human right to environment
8. The human rights system as a conceptual framework for environmental law
Environmental issues
Environmental rights in the context of the natural order
Duty to future generations
The concept of "the common concern of mankind"
The protection of indigenous peoples
Environmental rights and international refugee law
Substantive norm-making and enforcement procedures
Conclusion
NotesSummary
I. The growth of human rights protection and environmental protection: from internationalization to globalization
II. The incidence of the temporal dimension in environmental protection and in human rights protection
III. The fundamental right to life at the basis of the ratio legis of international human rights law and environmental law
IV. The right to health as the starting-point towards the right to a healthy environment
V. The right to a healthy environment as an extension of the right to health
VI. The protection of vulnerable groups at the confluence of international human rights law and international environmental law
VII. The recognition of the right to a healthy environment: The concern for environmental protection in international human rights instruments
VIII. Concern for the protection of human rights in the realm of international environmental law
IX. Concern for the protection of the environment in the realm of international humanitarian law
X. Protection of the environment and international refugee law
XI. The question of the implementation (mise en oeuvre) of the right to a healthy environment
XII. The right to a healthy environment and the absence of restrictions in the expansion of human rights protection and environmental protection
Notes
Future directions in international regimes
10. The implications of global change for the international legal system
The impact of global change on different functions in international law
The impact of global change on international structures
Notes11. Restructuring the international organizational framework
A. The current structure
B. Some objectives of and constraints on possible improvements
C. Changes to be considered
D. Conclusion
Notes
Annex: The learning capacity of international organizations
Notes12. Intergenerational equity: a legal framework for global environmental change
I. The temporal dimension in international law
II. Alternative approaches to intergenerational equity
III. Principles of intergenerational equity
IV. Intergenerational rights and obligations
V. Implementation of intergenerational equity
Notes13. Ecological security: response to global challenges
A. Global learning: concept and applications
I. Introduction: antecedents
II. Approaches to global learning
III. Global learning: facilitation and obstacles
IV. Content of global learning
NotesB. Chronological index of selected international environmental legal instruments
C. Contributors