Our point of analytical departure is that the state of the global environment is deteriorating despite the accumulating body of international environmental law. By drawing on the recent Earth system science concept of interlinked planetary boundaries, this article makes a case for a goal-oriented, purposive system of multilateral environmental agreements. The notion of ‘goal’ is used here to mean a single, legally binding, superior norm – a grundnorm – that gives all international regimes and organizations a shared purpose to which their specific objectives must contribute. A bird’s eye view of the international environmental law system reveals how the absence of a unifying goal has created a condition that is conducive to environmental problem shifting rather than problem solving. We argue that a clearly agreed goal would provide the legal system with a point of reference for legal reasoning and interpretation, thereby enhancing institutional coherence across Earth’s subsystems. To this end, this article concludes by observing that the protection of the integrity of Earth’s life-support system has emerged as a common denominator among international environmental law instruments. Accordingly, we suggest that this notion is a strong candidate for the overarching goal of international environmental law.

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S2047102513000149

International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements

............................................................................................................................. ii Co-Authorship Statement .................................................................................................. iv Acknowledgments .............................................................................................................. v Table of

/pdf/grasping-for-the-ends-of-the-earth-framing-and-contesting-3y6uirotyy.pdf

Grasping for the Ends of the Earth: Framing and Contesting Polar Sovereignty, 1900-1955

An abundance of natural resources in a country is conducive to its development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Angola, Sierra Leone, Liberia, Cote d’Ivoire and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. Two main challenges can be identified. The first concerns stopping natural resources from financing or fuelling armed conflicts, while the second challenge is to improve the governance over natural resources within States in order to resolve existing armed conflicts and to prevent a relapse into armed conflict. The aim of this book is to assess the role of international law in addressing these two challenges. For this purpose, this book discusses the legal frameworks for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and immediate post-conflict peacebuilding efforts.

/pdf/international-law-and-governance-of-natural-resources-in-35fb4ocwfr.pdf

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

In this initial report to the Human Rights Council, the Independent Expert on the promotion of a democratic and equitable international order formulates preliminary views on the conceptual and legal framework of the mandate and highlights some of the epistemological challenges inherent in the notion of democracy at the national and international levels, as well as the implications of a culture of equity based on common sense and common interest.

Report of the Independent Expert on the Promotion of a Democratic and Equitable International Order

Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.

Strategically Created Treaty Conflicts and the Politics of International Law

Contemporary Issues in the Law of Treaties

Interpretation has always had a prominent place in international adjudication, yet its role has been further enhanced during the last few decades with the expansion of the regulatory range of international law and the proliferation of international judicial bodies. In such a diverse new world and celebrating the 30 years since the entry into force of the VCLT, this Volume on Treaty Interpretation attempts a much needed re-examination of the issues of treaty interpretation. In the first part of this Volume the authors focus on the VCLT itself and examine the nature of interpretation and the normative content of the relevant provisions. In the second and third parts of the Volume the analysis turns to the characteristics of treaty interpretation as applied within two of the most important sectors of international law i.e. that of trade and investment law on the one hand and of human rights on the other. Such a two-tiered approach allows for a more comprehensive understanding of the content and function of the principles of interpretation as enshrined in Articles 31-33 of the VCLT.

Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on

This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.

The Development and Effectiveness of International Administrative Law

The Law of the Navigational and Non-Navigational Use of International Watercourses- International Watercourses and the Rights of Indigenous Peoples: The Saami of Lapland and Finnmark- Northern European Co-Operation Regarding Watercourses- Northern European Watercourse Institutions- Nordic Watercourse Co-Operation and the Sustainable Use of Water- Concluding Remarks

Watercourse Co-operation in Northern Europe: A Model for the Future

Watercourse Co-operation in Northern Europe

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