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Chapter

This chapter argues that rule and principles of general international law concerning protection of the environment can be identified. It should not be forgotten that international environmental law is not a separate or self-contained field of law, and nor is it currently comprehensively codified or set out in a single treaty or body of treaties. It could be argued that international environmental law is merely the application of established rules, principles, and processes of general international law to the resolution of international environmental problems and disputes, without the need for creating new law, or even for developing old law. The chapter looks in detail at the issues around the expectations and realities of international environmental law.

Chapter

This chapter provides an overview of the purpose of this book. It starts by saying what the book does not expect to do. The text does not intend to answer the question whether the law we have now serves the needs of environmental justice or fairness among nations, generations, or peoples. It does, however, attempt to show, inter alia, how international law has developed a framework for cooperation on environmental matters between developed and developing states; for the adoption of measures aimed at control of pollution and conservation and sustainable use of natural resources; for the resolution of international environmental disputes; for the promotion of greater transparency and public participation in environmental decision-making; and for the adoption and harmonization of national environmental law.

Book

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalá

This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).

Chapter

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the fundamental principles governing international relations. The principles represent the fundamental set of standards on which States are united and which allow a degree of relatively smooth international dealings. They make up the apex of the whole body of international legislation. They constitute overriding legal standards that may be regarded as the constitutional principles of the international community. These principles are: the sovereign equality of States; the principle of non-intervention in internal affairs; the prohibition of the threat or use of force; peaceful settlement of international disputes; the duty to co-operate; the principle of good faith; self-determination of peoples; respect for human rights; and the prevention of significant environmental harm. The discussions then turn to the distinguishing traits of the fundamental principles and the close link between the principles and the need for their co-ordination.

Book

Anders Henriksen

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

Book

Anders Henriksen

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.