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Sources of International Environmental Law
by Jacqueline Freeby

Sources of Environmental Law

Most international environmental agreements are multilateral and in some cases, bilateral treaties. Majority of conventions and treaties are dealing with specific environmental issues. About 1000 environmental law treaties are in vogue today and there is no other area of law which has generated so many conventions on a particular topic. Incredible, but true!

Most protocols are built from primary treaties. They are especially useful in the environmental field, wherein the latest scientific knowledge can be incorporated.

Various countries are approached to reach consensus on a framework that would be advantageous if �it is agreed upon in advance. The most famous and widely followed protocol in international environmental law is termed the Kyoto Protocol.

Customary international law

Customary international law consists of norms and rules that countries follow and are so prevalent that they bind all states in the world. Examples of customary international law pertaining to the environment include the duty to notify about environmental emergencies and damages to which another state or states may be exposed. Principle 21 of the Stockholm Declaration is also one of customary international law related to the environment.

Judicial decisions

International environmental law also encapsulates opinions of international courts and tribunals. They are very few and have limited authority but are quite influential on the development of international environmental law.

Courts having a say in framing environmental law:

�� International Court of Justice (ICJ)

�� International Tribunal for the Law of the Sea (ITLOS)

�� European Court of Justice

�� Regional treaty tribunals

�� World Trade Organization's Dispute Settlement Board (DSB)

Posted on: 03/23/2010 02:09 PM | Number of feedback 48

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