Chapter Six: International Environmental Lawmaking
I. Introduction: The Changing Nature of International Law
II. Traditional Sources of LawInternational Environmental Law Bibliography - Environmental Law Reporter site dedicated to links in the field.
Frequently Asked Questions on International Law - a course supplement at UC-Davis
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A. Treaties
Analyzing and Understanding Treaties in the Area of International Environmental Law - an excellent exercise Professor David Caron developed that teaches students how to read treatiesTreaties and International Law - a list of international treaties from the Internet Law Library
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B. Custom
Custom in International Law - defines custom as the practice of States in international law
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C. General Principles
Advisory Opinion on the Use or Threat of Nuclear Weapons - notes paragraph 78 which describes the role of the Martens Clause in humanitarian lawCase Concerning the Gabcikovo-Nagymaros Project (Hungary v. Slovakia) - summarizes the ICJ dispute, noting paragraph 140 which recognizes environmental norms within the principles of international law
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D. Judicial Decisions and the Writings of Eminent Publicists
III. Innovations in International Environmental LawmakingJudicial Decisions in International Law - provides links to judicial decisions, an important source for the development of custom in international law
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A. International "Soft" Law
Customary (and Not So Customary) International Environmental Law - by Daniel Bodansky, asserting that emerging environmental principles forms declarative international law and not soft law
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B. "Build It and They Will Come"
Ottawa Process - describes the negotiation process resulting in a multilateral treaty on landmines
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C. Non-consensus Decision-Making
IV. Building ConsensusA New Way to Make International Environmental Law - by Geoffrey Palmer, an abbreviated version of his article proposing a legislative response to environmental protection through the use of binding rules other than the rule of unanimous consent
Linkages Site - provides balanced, objective and informative summaries of environment and development negotiations