The Future of International Environmental Law

Sample Chapter
  • Edited David Leary and Balakrishna Pisupati

    ISBN-10: 9280811924,
    ISBN-13: 9789280811926
    United Nations University Press
    September 2010

    Through a collection essays by leading scholars in international environmental law from around the world, this book explores the future of international environmental law in a world of ever worsening environmental crises. It examines the success stories and the failures of international environmental law and argues that future responses to global environmental crisis will be more about good environmental governance rather than just more treaties and laws. Environmental governance in future will need to accommodate the needs and aspirations of peoples from developed and developing countries alike and will have to be based on decisions and actions by a vast range of actors and stakeholders and not just the nation state that has traditionally dominated environmental diplomacy to date. In future this also suggests a need to be cognizant of the close links to other areas of international law including human rights.

    The book tackles the major environmental challenges of our times including climate change, biodiversity loss and pollution and overfishing of the oceans. It examines what we can learn from our experience gained in implementing the vast body of existing international environmental law over the past few decades. It also looks to the future and considers a range of emerging issues such as the management of the environmental challenges faced by the Arctic, nanotechnology, biofuels and synthetic genomics amongst others.

    David Leary, Senior Research Fellow, Faculty of Law, University of New South Wales, Sydney, Australia.

    Balakrishna Pisupati, Division for Environmental Law and Conventions, United Nations Environment Programme (UNEP)

    Table of contents

    Introduction, David Leary and Balakrishna Pisupati

    I The experience to date

    • Climate change and pollution: Addressing intersecting threats to oceans, coasts and small island developing states, Ann Powers
    • Biodiversity, Susan Shearing
    • Implementation of environmental legal regimes at regional level: The case of the Mediterranean Sea, Tullio Scovazzi
    • Non-lawyers and legal regimes: Public participation for ecologically sustainable development, Donna Craig and Michael Jeffery
    • Human rights and the environment, Gudmundur Alfredsson

    II International legal regimes in transition

    • Development and the future of climate change law, Michael B. Gerrard and Dionysia-Theodora Avgerinopoulou
    • A new ocean to govern: Drawing on lessons from marine management to govern the emerging Arctic Ocean, Timo Koivurova and Sébastien Duyck
    • Moving beyond the tragedy of the global commons: The Grotian legacy and the future sustainable management of the biodiversity of the high seas , Rosemary Rayfuse

    III New emerging issues for international environmental law

    • Emerging technologies: Nanotechnology, David Leary and Balakrishna Pisupati
    • Legal frameworks for emerging technologies: Bioenergy, Richard L. Ottinger and Victor M. Tafur
    • Synthetic biology and synthetic genomics, Michelle S. Garfinkel and Robert M. Friedman

    Conclusion, David Leary and Balakrishna Pisupati