Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

of the oceans, protection and management of freshwater and land resources, environmentally sound management of wastes, biological diversity, etc.).

Secondly, it needs self-adjusting law-making techniques and devices adequate to respond to the ever-growing understanding of environmental problems and responses. As discussed above, these techniques may include, inter alia, flexible framework conventions and implementing protocols, procedures for quickly updating international agreements (such as opt-out or tacit acceptance of technical amendments and annexes), bridges of the gap between signature and entry into force (declarations of voluntary compliance, provisional application of certain provisions), and the use of non-binding commitments or standard-setting by international organizations.69

Finally, it requires strict observance and compliance of states with their obligations as well as maximum widening of the number of states covered by the existing legal framework. A radical improvement in the present legal machinery is needed in order to control and to stimulate the participation of all states in environmental protection measures and even to force them to comply with the regulations when necessary.

International organizations, and the United Nations first and foremost, can play a key role in obtaining global environmental security. Various suggestions have been made in this regard.70 The role and authority of the Commission on Sustainable Development will undoubtedly be central to this effort. Similarly, strong participation by non-governmental organizations, including the Earth Council formed after UNCED, will be essential to realizing global environmental security.


IV. Conclusion

The environmental crisis is a challenge to the human race and a test of its ability to provide for the well-being of present and future generations. The end of the Cold War presents new opportunities, but it also presents new risks. From an environmental perspective, it is useful to recall, as then-Senator Tun Wirth put it, that "Earth is the only superpower." Under these circumstances, the achievement of environmental security for each and all depends on the united efforts of the whole international community.


Notes
1
The atmosphere, the oceans, fresh water bodies, groundwater aquifers, soils, farmland, forests, cities, and outer space and celestial bodies are threatened by various forms of pollution caused by activities as diverse as manufacturing,

-217-

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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