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Institutional foundations of IEL

Institutional foundations of IEL. The role of the UN – UNEP The life of a treaty: From “birth” via “adolescence” to “retirement”? The split between UNEP and CSD Regionalisation of IEL To which degree is IEL fragmented? Current status and trends Do we see the emergence of a WEO?

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Institutional foundations of IEL

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  1. Institutional foundations of IEL • The role of the UN – UNEP • The life of a treaty: From “birth” via “adolescence” to “retirement”? • The split between UNEP and CSD • Regionalisation of IEL • To which degree is IEL fragmented? • Current status and trends • Do we see the emergence of a WEO? • The strength of existing global institutions • The strength of the regional instruments and institutions • Political problems • The differences between areas of IEL

  2. Normative foundations of IEL • Basic rules and principles • Stockholm, World Charter for Nature, UNCED and beyond • Common provisions in treaties • Customary international law • Territorial sovereignty and cross boundary harm • Responsibility vs. liabilility • Treaty law • Step-by-step • Problem – need for international cooperation – common objectives – common obligations – common measures • What is the general status in IEL? • The use of framework conventions and protocols • Regionalisation or globalisation?

  3. Sources of IEL – treaties • Distinction between ”sources” and ”interpretative arguments” • Treaties • ”Context” of treaties, VCLT art. 31.2 • Subsequent ”agreement” or ”practice” under treaties, VCLT art. 31.3 • The importance of ”soft law” • Interaction between treaties, VCLT art. 31.3 • ”Supplementary means of interpretation” • Preparatory works, case law, legal doctrine, state practice, practice of IGOs • Customary law, general principles of law • Reasonableness

  4. Sources of IEL – customary law • Substantive issues • Cross border harm • Harm to common resources • Extension to domestic management of natural resources? • Procedural and cooperative issues – Draft Articles on Prevention • Elements of customary international law • State practice – amount, time, consistency • The great variety of potential State practice • YBIEL as a source for information about State practice • Opinio juris – which practice is relevant?

  5. Sources of IEL – general principles of law • ICJ Statutes art. 38: Principles derived from domestic law • The distinction between principles and customary international law • What is the origin of principles of environmental law? • Which are the main functions of principles of environmental law? • Potential general principles of law • Good neighbourliness • Liability for environmental harm from lawful activities

  6. Principles of IEL • Both customary international law and general principles of law

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