wp 2 - an intro to international environmental law
Part One
[NOTE: Since I could not find a way to publish part one in MLA formatting, I have provided a link here to a google doc version of the same text, where formatting is shown. I apologize for the inconvenience.]
Alec Tyson et al. “What the data says about Americans’ views of climate change” Pew Research Center,https://www.pewresearch.org/short-reads/2023/08/09/what-the-data-says-about-americans-views-of-climate-change/
Bodansky, Daniel. The Art and Craft of International Environmental Law. Harvard University Press, 2010
Bodansky published an introductory IEL book in 2010. Bodansky touches on the emotional value humans give aspects of our environments, even if there is little scientific evidence for their extrinsic value. Bodansky uses a lot of “I” statements and takes a narrative nonfiction approach to the topic, incorporating stories (where he met with a whaler, for example). It is an introduction to IEL; concepts are explained in basic terms, and its narrative style makes it approachable. However, its length (271) and age make it a less desirable read.
Brilé Anderson et al. “Public opinion and environmental policy output: a cross-national analysis of energy policies in Europe.” Environmental Research Letters, vol 12, no. 11, 2017, https://doi.org/10.1088/1748-9326/aa8f80
This article examines public opinion and its relation to European renewable energy policies. They argue that as public opinion shifts positively towards renewable energy, it creates a positive effect on policy outputs in European governments. Research does not delve into what causes the shifts in public opinion nor distinguishes between renewable energy policies.
“Climate Change Bandwagoning: Climate Change Impacts on Global Environmental Governance: Sikina Jinnah and Alexandra Conliffe” The Roads from Rio, Chasek, Pamela and Wagner, Lynn M, editors, Routledge, 2012, pp.217-239
Climate bandwagoning occurs when agents expand a regime or treaty’s mission to include new climate goals. Bandwagoning can be useful in capturing additional resources. Climate change is naturally intertwined with other environmental issues, thus making inclusion simple. However, as a result, the effectiveness of goals is often diluted. This chapter touches on societal backlash due to climate skepticism and low trust in certain environmental groups. Being from 2012, some examples listed are slightly outdated.
Collins, Craig. Toxic Loopholes: Failures and Future Prospects for Environmental Law. Cambridge University Press, 2010.
“Environmental Laws Impeded by Lack of Enforcement, First-ever Global Assessment Finds” The International Institute for Sustainable Development, 29 Jan. 2019, https://sdg.iisd.org/news/environmental-laws-impeded-by-lack-of-enforcement-first-ever-global-assessment-finds/
The Environmental Law Institute claims that states' lack of implementation of environmental policy has exacerbated environmental threats despite an explosion in environmental laws in recent decades. Evidence suggests that public backlash to IEL has grown. The IISD provides a decent summary for simple comprehension.
Hunter, David.”Moving beyond State-Centrism in International Environmental Law.” Environmental Policy and Law, vol. 52, Iss. 3/4, 2022, pp. 201-212. ProQuest, https://doi.org/10.3233/EPL-219031
Professor Hunter argues that international environmental law needs to focus less on State-to-State disputes(which worked for treaty creation) in IEL and more on the diversity of actors in environmental issues. Today, international environmental issues interact with private corporations and individual human rights. The article requires knowledge of environmental law basics, soft and hard law, and Article 38. The article does not dwell on environmental justice. Recency(published in 2022) and countless references make for a decent read.
Hunter, David. “International Environmental Law.” Insights on Law and Society, vol. 19, no. 1, 2021. https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-19/insights-vol--19---issue-1/international-environmental-law/
Josef Ostřanský. “A Quest for Legal Clarity: What the International Court of Justice's upcoming advisory opinion means for climate action.” The International Institute for Sustainable Development, 6, April 2023, https://www.iisd.org/articles/insight/international-court-justice-vanuatu
The article comes from the International Institute for Sustainable Development, an independent think tank. Ostransky notes that on March 28th, the UNGA adopted a resolution requesting the ICJ give an advisory opinion "clarifying what government obligations are under international law" on climate change. The resolution is considered necessary because the ICJ's opinions can pressure states to comply. Generally, the article is a notification of events with most references linked to statements by UN members.
Lindenthal, Alexandra and Koch, Martin. “The Bretton Woods institutions and the environment: Organizational learning within the World Bank and the International Monetary Fund (IMF).” Administrative Sciences, 2013, Vol.3 (4), pp.166-201, USCLibraries, https://doi.org/10.3390/admsci3040166.
Organizational learning is when organizations take note of factors outside of their environment and how they may affect their core goals. The article looks at the IMF and the World Bank across decades to see if they have engaged in environmental organizational learning, taking organizational learning into environmental issues. Integration is categorized as single loop, double loop, and compliant or non-compliant. The article proposes that the World Bank is not becoming an environmental organization but fully considers environmental arguments when pursuing their goals. This article is essential on whether organizations/corporations change(or don’t change) due to climate change.
Maizland, Lindsay. “Global Climate Agreements: Successes and Failures.” Council on Foreign Relations, 15, Sept. 2023, https://www.cfr.org/backgrounder/paris-global-climate-change-agreements
Maizland informs that the UN notes that most governments are behind their Paris Agreement goals. The article reminds that current state pledges are not “ambitious” and will most likely fail in reaching global temperature limits. The article introduces the Paris Agreement, the Montreal Protocol, and the Kyoto Protocol. Generally, all the information proposed is approved by scientists in the field. However, it is an introductory read.
Malgosia Fitzmaurice, “The International Court of Justice and International Environmental Law.” The Development of International Law by the International Court of Justice, edited by Christian J. Tams, and James Sloan, Oxford, 2013, pp. 353-374
The International Court of Justice has generally avoided environmental matters and devolved into non-binding dispute settlements. Fitzmaurice proposes that the ICJ has now become a critical environmental advocate. Fitzmaurice outlines a three-stage development: from the general outlining of laws relevant in environmental spheres to consolidation and, most recently, to creating specific norms in environmental law. Although the examples can be convoluted, this chapter provides plentiful events to support their claim.
Paddock, LeRoy, et al., editors. Compliance and Enforcement of Environmental Law. Edward Elgar Publishing, 2017.
Porter, Gareth and Chasek, Pamela S. Global environmental politics, 3rd ed., Westview Press, 2000, pp. 79-145
Chasek provides foundational information on ten international environmental regimes. Topics include acid rain, ozone depletion, whaling, ivory trade, toxic waste trade, and biodiversity loss. However, the chapter requires updating, as Japan left the IWC in 2019 and continues hunting whales. Its core argument is that regimes are strongest when key player states agree, fair compliance and clear rules are established.
Sellheim, Nikolas and Schumacher, Jocehn. “Increasing the Effectiveness of the Bonn Convention on the Conservation of Migratory Species.” Journal of International Wildlife Law & Policy, vol 25, no 4, 2022, pp.367-383. Taylor and Francis Online https://doi.org/10.1080/13880292.2022.2153461
The Bonn Convention is a framework convention focusing on protecting creatures whose migration occurs beyond national borders, requiring international cooperation. The article tackles why consensus in the convention has gotten tricky. While Bonn lists migratory creatures, it is up to individual state discretion to “implement protective measures.” The article effectively shows how Bonn has changed and uses previous and current treaties as evidence for what does and does not work in IEL. It is a practical example of existing environmental conventions and how they impede and assist conservation.
Siebert, Horst. The Economics of International Environmental Problems. Institut für Weltwirtschaft an der Universität Kiel, 2000.
Springer, Allen L. Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law. University of Toronto Press, 2016.
“Statute of the International Court of Justice.” INTERNATIONAL COURT OF JUSTICE, www.icj-cij.org/statute#CHAPTER_II.
Tseming Yang, “Chapter 2” The Relationship Between Domestic and International Environmental Law, University School of Law, 2013
The chapter defines international law and how international environmental law is applied in the United States. Yang claims domestic and international law are related since environmental issues are approached through treaties and regimes on an international level. While knowledge of the US legal system is not necessary, it may prove helpful for understanding the text. References to other texts are often acts, cases, and conventions rather than other analytical texts.
“Urgenda Foundation v. State of the Netherlands” climate case chart, 2015, https://climatecasechart.com/non-us-case/urgenda-foundation-v-kingdom-of-the-netherlands/
Part Two
During my previous academic year, I had taken a course on the basics of climate change, believing it to be an important subject in our ever-changing globe. As such, I acquired a basic knowledge of climate change as well as the general concept of environmental laws. Due to my interest in law, I thought it could be thrilling to delve into international environmental law(IEL). I knew about foundational regimes and treaties(Paris Agreement, IPCC, Montreal Protocol, Kyoto, among others) but did not own a strong understanding of how IEL worked. I questioned its effectiveness, as I know environmental rule enforcement can be tricky, even nationally and locally. I also searched for comparisons between local, national, and international environmental law and policy.
International Environmental Law is not a simple concept; categorizing whether or not any law is successful is immensely confusing. A law can succeed in terms of reaching a number goal(say, getting the population of pandas past extinction ranges). Still, it can also succeed if it garners general public interest. Intense interest in elephant trophy hunting has skyrocketed in recent years, even though trophy hunting numbers have hardly changed. While I had assumed that IEL's success was contested, I did not believe there would be such a high level of disappointment among the scholarly community. Chasek covers how even good intentions can result in intense societal backlash and public distrust. Worse, the Environmental Law Institute claims that despite the raw number of laws is higher than ever, progress is sluggish at best. The UN does not predict that states will reach their goals to keep global temperatures from rising.
That is not to say that IEL has never worked. Chasek also covers regimes that succeeded in their goals: the whaling industry lowered after the IWC, the Montreal Protocol addressed illegal CFC trade and reduced ozone depletion.
While I feel that the cons outweigh the pros, it is possible that my assumptions caused me to focus more on IEL failures. Though more theoretical, countless researchers have proposed solutions(such as Professor Hunt).
A question I still cannot fully wrap around is why enforcement is so lax. To some extent, it makes sense; these treaties and organizations are generally created due to good faith agreements between member states. When a party does not get what they want for too long, they leave. I suppose, then, that the lack of enforcement from member states thereby displays a lack of commitment to environmental goals. While that does not mean Europe should go to war with Japan for leaving the IWC, key member states could impose their own consequences for infractions. This could happen in the form of higher import taxes.
I still wonder how the choice is made to select the IEL route over more local efforts. At times, it is clear, as with the Bonn Convention; how else would you address migrations across borders if not through international cooperation? It can be, however, a difficult question to answer as initial origins may not be properly documented. Should the US focus on national creature populations? But is the world not interconnected, and thus, all wildlife should be preserved? Then again, focusing on the international may decrease national-level funds. The answer alludes me(and it seems other scholars as well).
Since I did not find anything on the topic of comparing environmental law on the local vs. national vs. international level, it could be a worthwhile pursuit in the form of an academic paper due to its complexity. Further studies could be done on a specific environmental issue(whaling, for example) in order to create an op-ed article on whether the issue would be best addressed on an IEL scale. What I believe may be more critical, however, is to create a basic informational form of media that would detail environmental international law in a manner that is accessible to general audiences. I struggled to find any general audience articles or books, and while information videos do exist, they do not seem to be well-consolidated. How would I accomplish this consolidation? Perhaps a web article or a series of informational videos on YouTube could suffice. Video essays on YouTube have become quite popular in recent years, making them an accessible option.