Droit international de l’environnement

Introduction

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Le droit de l'environnement est un ensemble complexe de normes établies aux niveaux mondial, international, national, régional et local par des lois, des traités, des conventions, des règlements et des politiques visant à protéger l'environnement et les ressources naturelles affectées, touchées ou mises en danger par les activités humaines.

Le présent guide de recherche se veut un point de départ pour mener des recherches en droit international de l'environnement. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 160p. Questions environnementales et le mot-matière (mot-clef) Droit international de l’environnement sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

Bibliographie

Reference works

Books and articles

Documents

Periodicals, serial publications

Bibliographies

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  • Mayer, B., The International Law on Climate Change, Cambridge, United Kingdom, Cambridge University Press, 2018.

    Mayer, B., The International Law on Climate Change, Cambridge, United Kingdom, Cambridge University Press, 2018.

    Global climate change is a topic of continuously growing interest. As more international treaties come into force, media coverage has increased and many universities are now starting to conduct courses specifically on climate change laws and policies. This textbook provides a survey of the international law on climate change, explaining how significant international agreements have sought to promote compliance with general norms of international law. Benoit Mayer provides an account of the rules agreed upon through lengthy negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and multiple other forums on mitigation, geoengineering, adaptation, loss and damage and international support. The International Law on Climate Change is suitable for undergraduate and graduate students studying climate, environmental or international law. It is supported by a suite of online resources featuring regularly updated lists of complementary materials and weblinks, and annually updated briefs for specific chapters.

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  • McLeman, R. and F. Gemenne (eds.), Routledge Handbook of Environmental Displacement and Migration, Abingdon, Oxon, New York, Routledge, 2018.

    McLeman, R. and F. Gemenne (eds.), Routledge Handbook of Environmental Displacement and Migration, Abingdon, Oxon, New York, Routledge, 2018.

    The Routledge Handbook of Environmental Displacement and Migration provides a state-of-the-science review of research on how environmental variability and change influence current and future global migration patterns and, in some instances, trigger large-scale population displacements. Drawing together contributions from leading researchers in the field, this compendium will become a go-to guide for established and newly interested scholars, for government and policymaking entities, and for students and their instructors. It explains theoretical, conceptual, and empirical developments that have been made in recent years; describes their origins and connections to broader topics including migration research, development studies, and international public policy and law; and highlights emerging areas where new and/or additional research and reflection are warranted.

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  • Duyck, S., Jodoin, S. and A. Johl (eds.), Routledge Handbook of Human Rights and Climate Governance, Abingdon, Oxon, New York, Routledge, 2018.

    Duyck, S., Jodoin, S. and A. Johl (eds.), Routledge Handbook of Human Rights and Climate Governance, Abingdon, Oxon, New York, Routledge, 2018.

    This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.

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  • Dupuy, P. and J.E. Viñuales, International Environmental Law, Cambridge, United Kingdom, Cambridge University Press, 2018.

    Dupuy, P. and J.E. Viñuales, International Environmental Law, Cambridge, United Kingdom, Cambridge University Press, 2018.

    International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. International Environmental Law covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections – foundations, substantive regulation, implementation, and influence on other areas of international law – which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

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  • Sands, P., Peel, J., Fabra, A. (etc.), Principles of International Environmental Law, Cambridge, United Kingdom, Cambridge University Press, 2018.

    Sands, P., Peel, J., Fabra, A. (etc.), Principles of International Environmental Law, Cambridge, United Kingdom, Cambridge University Press, 2018.

    This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

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  • Foreman, J. (ed), Developments in Environmental Regulation : Risk Based Regulation in the UK and Europe, Cham, Switzerland, Palgrave Macmillan, 2018.

    Foreman, J. (ed), Developments in Environmental Regulation : Risk Based Regulation in the UK and Europe, Cham, Switzerland, Palgrave Macmillan, 2018.

    Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK’s withdrawl, or ‘Brexit’, from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context.

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  • Caranta, R., Gerbrandy, A. and B. Müller (eds.), The Making of a New European Legal Culture: the Aarhus Convention : at the Crossroad of Comparative Law and EU Law, Groningen, Europa Law Publishing, 2018.

    Caranta, R., Gerbrandy, A. and B. Müller (eds.), The Making of a New European Legal Culture: the Aarhus Convention : at the Crossroad of Comparative Law and EU Law, Groningen, Europa Law Publishing, 2018.

    The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues. As such, the Convention is an ideal testing ground upon where to study how legal principles, rules and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis from a legal cultural approach the law in the EU and 8 Member States provides a much richer picture about how the Aarhus Convention has been implement and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions. Additionally, the research assesses how far is a common European legal culture developing in core areas not just of environmental, but of administrative and to a large extent of constitutional law? The book provides an updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States and will be useful to academics and practitioners alike.

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  • Rees, P.A., The laws Protecting Animals and Ecosystems, Oxford, Wiley Blackwell, 2018.

    Rees, P.A., The laws protecting animals and ecosystems, Oxford, Wiley Blackwell, 2018.

    There is currently no basic text in wildlife law suitable for the wide range of courses in wildlife conservation and animal welfare at both bachelors and masters level, or for the large number of people who work in conservation and animal welfare; The Laws Protecting Animals and Ecosystems fills the gap in this significant market for a basic law text applicable to students and professionals whose primary training is in biology but who require a basic understanding of the laws relating to the protection of animals and ecosystems. The text is applicable to a wide range of subjects, including wildlife conservation, animal handling, animal welfare, animal husbandry, and veterinary science.

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Database

Blogs

  • Indonesia Natural Disasters and Climate Change

    The major devastating earthquake and tsunami in Indonesia is all over the news the last few weeks. And as if this wasn´t enough already, the vulcano Mount Soputan on Sulawesi island in Central Indonesia erupted days after the earthquake and tsunami. These disasters – and the continuing record of global temperatures – has again brought the attention to the growing field of climate change attribution, and the relation between climate change and extreme weather events. We have created a bibliographic overview on natural disasters and climate change, intended as a starting point for research. It provides materials available in the Peace Palace Library catalogue, both in print and electronic format.

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  • Bees at Risk: Near-total Ban of Neonicotinoids Backed by ECJ

    On Thursday 17 May 2018 the Court of Justice of the European Union backed a near-total ban of three pesticides, also called neonicotinoids (clothianidin, thiamethoxam and imidacloprid), because of their scientifically proven serious harmful effect on the health of both wild bees and honey bees. Neonicotinoids are part of a class of insecticides that damage the central nervous system of insects that result in paralysis and death.

    Bayer and Syngenta, the manufacturers of these three types of insecticides went to the Court in 2013 to stop the ban of these chemicals. But the Court dismissed “in their entirety the actions brought by Bayer and Syngenta in relation to the neonicotinoids clothianidin, thiamethoxam and imidacloprid.”

    After an extensive updated assessment which was based on more than 1,500 studies, involving wild bees (bumblebees, solitary bees) and honeybees, the European Food Safety Authority concluded that these three insecticides are harmful for bees. These pesticides can no longer be used in the open field but their use is still allowed inside permanent greenhouses.

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  • 'Make our planet great again'. The impact of Trump's decision to leave the Paris Agreement

    On 1 June 2017 Donald Trump, President of the United States of America (USA) announced that the USA would withdraw from the Paris Climate Agreement: “We’re getting out, but we will start to negotiate, and we will see if we can make a deal that’s fair.” The Paris Climate Agreement which aims at limiting and mitigating the effect of climate change, is an agreement which builds upon the United Nations Framework Convention on Climate Change (UNFCCC). Trump’s decision has been scorned and condemned by many.

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  • HELF Lecture: ‘Landmark US Federal Climate Lawsuit – From a Legal and Socio-Political Perspective’

    On Tuesday May 16th, 2017, the third Hague Environmental Law Facility (HELF) Lecture brought attention to a pending case between American Youth Groups and the Federal Government of the United States of America. The complaint of the American Youth Groups, age 9 to 20, asserts that through the US Governments’ affirmative actions in causing climate change, it has violated the youngest generation’s constitutional rights to life, liberty and property, as well as failed to protect essential public trust resources. Last November, a US Court issued a historic ruling denying the US Government and fossil fuel industry’s motions to dismiss the constitutional climate change lawsuit. This means the Youth Groups have legal standing in this case because their rights are at stake. The case is now headed to trial.

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  • Library Lecture - 'Landmark US Federal Climate Lawsuit – From a Legal and Socio-Political Perspective'.

    The Peace Palace Library has the pleasure to announce the third HELF Lecture, titled ‘Landmark US Federal Climate Lawsuit – From a Legal and Socio-Political Perspective’. On Tuesday May 16, 2017, the third Hague Environmental Law Facility (HELF) Lecture will take place in the Academy Building of the Peace Palace. The HELF Lecture, a joint effort of four organizations in The Hague, will bring attention to a pending case between American Youth Groups and the Federal Government of the United States. The complaint of the American Youth Groups, age 9 to 20, asserts that through the US Governments’ affirmative actions in causing climate change, it has violated the youngest generation’s constitutional rights to life, liberty and property, as well as failed to protect essential public trust resources.

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  • Climate Change and Planetary Security

    On 2 and 3 November 2015, experts of the Hague Centre of Strategic Studies attended in the international conference on “Planetary Security: Peace and Cooperation in Times of Climate Change and Global Environmental Challenges” at the Peace Palace in The Hague. The Ministry of Foreign Affairs of the Netherlands organized this Planetary Security Initiative. The Netherlands aims to facilitate events on an annual basis and like to provide a regular time and place where experts, organizations, and decision makers could assemble, share, connect and strengthen their parts of the new strategies needed for the future of planetary security.

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  • The Impact of Offshore Oil Drilling in the Arctic

    In July 2015 the Obama administration has given Royal Dutch Shell PLC approval to begin with limited exploratory oil drilling off Alaska’s northwest coast, in the Chukchi Sea. The permits were granted despite the nationwide protest (where people in 13 states gathered for a “ShellNo” Day of Action) and protests by many environmental organizations such as Greenpeace, the Natural Resources Defense Council and Friends of the Earth. In this blog I will give a summary of the history of Arctic drilling and I will also discuss shortly the environmental concerns and technological and safety risks relating to offshore oil drilling in the Arctic.

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  • A Green Court in The Netherlands: Stichting Urgenda v. The Netherlands

    On the 24th of June 2015, the civil section of the Dutch court of The Hague, the Netherlands, ordered the Dutch government to adjust its environmental policies in order to reduce the collective greenhouse emissions of the Netherlands by 25% compared to 1990 by the end of 2020. News of this unusual judgment spread across the globe as it was the first time that a court ordered a government to step up its game on climate change. This post will provide readers with a summary of the judgment, as well as some thoughts on its merits.

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  • "All Animals Are Equal, But Some Are More Equal Than Others": Animal Protection and Animal Welfare Legislation Compared

    Animals are treated in an ambivalent way. On the one hand humans cuddle, love and pamper the animals they keep. On the other hand many animals are being a victim of some kind of abuse. Not all animals are equally protected against animal cruelty. It differs per country and it depends on the status of different kinds of animals. Dogs which are used in research or for food are not equally protected from inhumane treatment as companion dogs are. The way how animals are treated is also dependent on cultural norms and beliefs.

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  • Paardenmarkt: A Toxic Legacy of the Great War

    Countries that in the past have chosen to take the easy way out by disposing their chemical warfare material by ocean dumping are now realizing the unpleasant fact that this material, although out of sight, is not out of mind because it presents threats to public health and the environment. Here, the example of one of the largest World War I ammunition dump sites in Europe, the Paardenmarkt, a narrow submerged sand-bank called off the coast of Belgium.

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  • International Wildlife Law and the Problem of Illegal Trade

    The hunt for endangered species and protected wildlife has been on the rise for the last decade and has recently become a global crisis. Many wildlife species are currently on the brink of extinction, especially on the African continent. In large part, this is mostly due to practices of illegal hunting and poaching for purposes of illegal wildlife trade. This blog will briefly discuss this issue as well as recent efforts of the international community to combat international wildlife trade.

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  • Tuvalu, Quo Vadis?

    Climate change damage in the South Pacific is a problem for all small island developing states, including Tuvalu. These island states may become uninhabitable within the foreseeable future. What about the maritime boundaries and maritime claims of the former (Tuvalu) sea territory, which options do Tuvaluans have here? Does a disappearing Tuvalu have international repercussions? Tuvalu (formerly the Ellice Islands) comprises a cluster of nine islands, plus islets, located in the southwestern Pacific Ocean just south of the Equator. These remote atolls are situated about 1,050 km (650 mi) n of Suva, Fiji, and 4,000 km (2,500 mi) of Sydney, Australia. Tuvalu has a coastline of 24 km (15 mi). As a rather small archipel Tuvale possesses considerable maritime claims on fishing grounds and natural resources in the Exclusive Economic Zone (EEZ) and continental shelf.

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  • Ivory Traffickers! How Inventive Can You Get?

    During an inspection of the luggage of two South Africans last month, officials in Chinese-ruled Macau found 15 suspiciously heavy boxes of chocolate. The boxes appeared to be pieces of elephant tusks with an estimated market value of more than $76,000 U.S. dollars. Apparently ivory smugglers are getting more inventive.

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  • Shell and Ogoni People : (s)oil pollution in the Niger Delta

    On January 30, 2013, the court (Rechtbank) in the Hague, The Netherlands, ruled that Royal Dutch Shell can be held partially responsible for pollution in Nigeria’s Niger Delta region and ordered it to pay damages to one farmer. The Dutch court dismissed four out of five allegations of the Ogoni people against the oil company. Although Shell blames the oil pollution to sabotage, activists say the case could set a precedent for damage claims related to the foreign activities of multinational companies.

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  • The Institute for Environmental Security

    Promoting security, peace and justice for man and nature by preventing environmental degradation and by restoring environmental damage where done, defines the programme of the Institute for Environmental Security (IES).

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  • From Stockholm to Rio de Janeiro; the road to a sustainable world!

    Forty years after the Stockholm Conference on the Human Environment and twenty years after the first “Earth Summit” held in Rio de Janeiro in June 1992, the world community will meet again. This time at the 2012 UN Conference on Sustainable Development (UNCSD), in short Rio+20: “the future we want”.

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  • Fighting the Architecture of Death

    Nowadays nature is threatened by all kinds of dangers which usually have one common denominator: they are caused by humans. Everyday human activity is affecting wildlife in many ways, such as habitat destruction, the use of pesticides, monoculture, genetically manipulated organisms and pollution, which is driving many species towards extinction. For birds, habitat loss is the most important factor closely followed by threats posed by materials used to build in the construction industry. The trend among architects is to use plate glass in building, purely for aesthetic reasons.

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  • Keeping Your Head Above Water: The Pacific Islands & The Rising Tide Of International Climate Litigation

    On February 3rd, Johnson Toribiong, the President of the Pacific Island Nation Palau, announced that his country will seek an Advisory Opinion from the International Court of Justice (ICJ) in The Hague regarding the issue of climate change. This blog will briefly discuss the measures that states in these circumstances can invoke during a court procedure.

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  • Plastic Soup – What Legal Response to Marine Debris Pollution ?

    Solving the problem of marine debris and plastic pollution in the World’s oceans is a very complex and challenging enterprise. In particular, its legal framework. Various international and regional instruments, domestic and local laws and regulations apply directly or indirectly to marine debris pollution. The conspicuously global nature of this problem indicates that a potential role of significance is reserved for international environmental law. However, not all international and regional instruments are legally binding, and not all have a strong focus on marine debris and plastic pollution.

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  • Bees under Bombardment : Time for Plan Bee

    Current scientific evidence demonstrates that a sixth major extinction of biological diversity event is underway. The Earth is losing between one and ten percent of biodiversity per decade, mostly due to habitat loss, pest invasion, pollution, climate change, over-harvesting and disease. Certain natural ecosystem services, which are vital for human societies, are under stress.

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See also

More Research guides on Droit international public (sujets spéciaux)