Lessons learnt from two decades of international environmental agreements: law

نویسندگان

چکیده

Abstract As Patricia Birnie cautiously and prophetically put it in the inaugural issue of this journal (INEA 1, January 2001, p. 74), “we do not know whether States tentative regimes they have so far established can withstand pressures globalization trade degradation over-exploitation generated by advances technologies for locating, fertilizing, harvesting, processing modifying natural resources biodiversity. This is truly terra incognita which such seeds destruction may already be implanted.” Among 600 or papers reviews published INEA from 2001 to 2020, more than 70 deal wholly partly with legal aspects environmental problems international dimensions justice. While main focus has been on issues public (inter-state) law , there also important inputs drawn comparative analysis (of national legislation judicial decisions) “transnational administrative law” that influence effectiveness multilateral treaties their associated institutions. Novel concepts practices emerging field (such as recourse a range “soft principles; flexible delegated standard-setting face global change; equitable differentiation compliance duties) inspired developments related areas contemporary law-making law-applying. At same time, very proliferation bilateral instruments raised new questions expressions alarm over “treaty congestion” “fragmentation” within system. It intention paper explore general interaction neighboring disciplines economic human rights law, but simply record “seismographic” impact legal-intellectual discourse these past two decades. To some extent, role Journal identifying both prospects risks could indeed likened “canary coal-mine.” The lessons learnt thus offer insights help averting visualized, advance inter-generationally intra- generationally shared values

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ژورنال

عنوان ژورنال: International Environmental Agreements-politics Law and Economics

سال: 2022

ISSN: ['1567-9764', '1573-1553']

DOI: https://doi.org/10.1007/s10784-022-09572-9