Chapter Six: International Environmental Lawmaking


I. Introduction: The Changing Nature of International Law

International 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

II. Traditional Sources of Law
    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 treaties

Treaties and International Law - a list of international treaties from the Internet Law Library

    B. Custom

Custom in International Law - defines custom as the practice of States in international law

    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 law

Case 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

    D. Judicial Decisions and the Writings of Eminent Publicists
Judicial Decisions in International Law - provides links to judicial decisions, an important source for the development of custom in international law
III. Innovations in International Environmental Lawmaking
    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
    B. "Build It and They Will Come"
Ottawa Process - describes the negotiation process resulting in a multilateral treaty on landmines
    C. Non-consensus Decision-Making
A 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
IV. Building Consensus
Linkages Site - provides balanced, objective and informative summaries of environment and development negotiations