International Environmental Law

Tragedies of the Commons

Shared/Common responsibility for common resources
Palestine gained non-member observer state status in the UN
Bensouda- current Palestinian prosecutor
EJIL Talk
Opinio Juris blog
Just Security
International Law Girls
Jus Cogent

Soft Law

International environmental law is somewhat unusual in that very much of it

appears as soft lawrecommendations, principles and declarations that fall short
of hard law treaty, but nevertheless receive much attention in the articulation of the
normative source of the law, as well as in the world of international litigation on
environmental issues.

There are increasing number of litigations over environment

WTO dispute settlement panel e.g. protections of dolphins in Tuna
fishing vs. Free trade
In Stockholm declaration, there emerged major tension between
development (economy) and environment
There is a major tension between developed economies and
under-developed economies
North-South divide
Common but differentiated responsibilities
Sustainable development
The Global South is more vulnerable than the North
The intersection of climate change and human rights (refugee
law)
Environment is common heritage and it is common responsibility
Self-determination and climate change
Right to good environment is not included ICCPR nor any pother
conventions
Displacement is one of the key indicator for violations of right to
good environment
Do not harm principle: a state shouldnt pollute or affect the
environment of other states (Trail and Smelter arbitration)
Polluter pays principle
Precautionary principle
Polluter pays principle

Sustainable environment proinciple