Principles of International Environmental Law

By Philippe Sands | Go to book overview

4

International law-making and regulation

Introduction

R. Hahn and K. Richards, ‘The Internationalisation of Environmental Regulation’,
30 Harvard International Law Journal 421 (1989); O. Schachter, ‘The Emergence
of International Environmental Law’, 44 Journal of International Affairs 457 (1991);
W. Lang, ‘Diplomacy and International Environmental Law-Making: Some Ob-
servations’, 3 Yearbook of International Environmental Law 108 (1992); U. Beyerlin
and T. Marauhn, ‘Law Making and Law-Enforcement in International Environ-
mental Law after the 1992 Rio Conference’ (Berichte 4/1997); P. Sands, ‘The New
Architecture of International Environmental Law’, 30 RBDI 512 (1997); A. Ahmad,
Cosmopolitan Orientation of the Process of International Environmental Lawmaking:
An Islamic Law Genre
(2001).

This chapter identifies the sources of international legal obligation in the field of the environment, and the regulatory techniques used to give effect to these obligations. International law is traditionally stated to comprise ‘the body of rules which are legally binding on states in their intercourse with each other’.1 These rules derive their authority, in accordance with Article 38(1) of the Statute of the International Court of Justice (ICJ), from four sources: treaties, international custom, general principles of law, and subsidiary sources (decisions of courts and tribunals and the writings of jurists and groups of jurists). It is to these sources that the ICJ would look in determining whether a particular legally binding principle or rule of international environmental law existed. The list of sources identified in Article 38(1) does not wholly reflect the sources of obligation, broadly understood, which have arisen in international environmental law. A list of sources of international environmental law is more properly reflected in the list proposed by the International Law Commission (ILC) in 1989, which included those identified in Article 38(1) as well as binding decisions of international organisations, and judgments of international courts or tribunals.2

1 Oppenheim, vol. 1, 4.

2 International Law Commission, Draft Articles on State Responsibility, Part 2, Art. 5(1), ‘Report of the ILC to the United Nations General Assembly’, UN Doc. A/44/10, 218 (1989).

-123-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Principles of International Environmental Law
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 1116

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.