Droit international de l’environnement
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.
- Alam, S. (ed.), Routledge Handbook of International Environmental Law, London, Routledge, 2013.
- Banner, C., The Aarhus Convention : a Guide for UK Lawyers, Oxford, Hart Publishing, 2015.
- Beyerlin, U. and T. Marauhn, International Environmental Law, Hart, 2011.
- Bodansky, D. and J. Brunnee (eds.), The Oxford Handbook of International Environmental Law, Oxford, Oxford University Press, 2007.
- Boer, B., The Aarhus Convention : a Guide for UK Lawyers, Oxford, Hart Publishing, 2015.
- Den Boer, Environmental law dimensions of human rights, The collected courses of the Academy of European law ; volume XXIII/1, Oxford, Oxford University Press, 2015.
- Kiss, A. and D. Shelton, Guide to International Environmental Law, Leiden, Nijhoff, 2007.
- Kiss, A. and J. Beurier, Droit international de l'environnement, Paris, Pedone, 2010.
- Mosello, B., How to Deal with Climate Change? : Institutional Adaptive Capacity as a Means to Promote Sustainable Water Governance, Cham, Springer, 2015.
- Koivurova, T., Introduction to international environmental law, New York, NY, Routledge, 2014.
- Hunter, D., J.E. Salzman and D. Zaelke, International Environmental Law and Policy, New York, NY, Thomson Reuters/Foundation Press, 2011.
- Sands, P., Principles of International Environmental Law, Cambridge, Cambridge University Press, 2012.
- Sands, P. and J. Peel, Principles of International Environmental Law, Cambridge, Cambridge University Press, 2012.
- Vinuales, J.E., The Rio Declaration on Environment and Development : a Commentary, Oxford University Press, 2015.
Books and articles
- Andresen, S., International Environmental Agreements: an Introduction, London, Routledge, 2012.
- Asselt, H. van, The Fragmentation of Global Climate Governance: Consequences and Management of Regime Interactions, Cheltenham, UK, Northampton, MA, USA, Edward Elgar Publishing, 2014.
- Benidickson, J. (ed.), Environmental Law and Sustainability after Rio, Cheltenham, Elgar, 2011.
- Bodansky, D., The Art and Craft of International Environmental Law, Cambridge, MA, Harvard University Press, 2010.
- Borowy, I., Defining Sustainable Development for Our Common Future: A History of the World Commission on Environment and Development, London, New York, Routledge, Taylor and Francis Group, 2014.
- Bowman, M., P. Davies and C. Redgwell, Lyster's International Wildlife Law, Cambridge, Cambridge University Press, 2010.
- Burdon, P., Earth Jurisprudence : Private Property and the Environment, Routledge, Taylor & Francis Group, 2015.
- Chasek, P.S. and L.M. Wagner (eds.), The Roads from Rio: Lessons learned from Twenty-five Years of Multilateral Environmental Negotiation, New York, Routledge, 2012.
- Clifford, M. and T.D. Edwards (eds.), Environmental Crime. 2nd ed., Burlington, MA., Jones & Bartlett Learning, 2012.
- Dodds, F., From Rio+20 to a New Development Agenda: Building a Bridge to a Sustainable Future, London, New York, Routledge, Earthscan from Routledge, 2014.
- Dupuy, P., International Environmental Law, Cambridge University Press, 2015.
- Fitzgerald, P.L., International Issues in Animal Law: the Impact of International Environmental and Economic Law upon Animal Interests and Advocacy, Durham, NC, Carolina Academic Press, 2012.
- Gupta, J., The History of Global Climate Governance, Cambridge, Cambridge University Press, 2014.
- Guruswamy, L.D. and M.Z. Leach, International Environmental Law in a Nutshell, St. Paul, MN, Thomson/West, 2012.
- Jansen-Wilhelm, S., Accepting Assistance in the Aftermath of Disasters : Standards for States under International Law, Cambridge, Intersentia, 2015.
- Jessup, B. and K. Rubinstein (eds.), Environmental Discourse in Public and International Law, Cambridge, Cambridge University Press, 2012.
- Kerbrat, Y. (ed.), The Transformation of International Environmental Law, Paris, Pedone, 2011.
- Koivurova, T., Introduction to International Environmental Law, Milton Park; Abingdon; Oxon; New York, Routledge, 2014.
- Leary, D. and B. Pisupati (eds.), The Future of International Environmental Law, Tokyo, United Nations University Press, 2010.
- Maljean-Dubois, S. and L.Rajamani (eds.), Implementation of International Environmental Law, Leiden, Nijhoff, 2011.
- Martin, P. (ed.), Environmental Governance and Sustainability, Cheltenham, Elgar, 2012.
- Norwine, J., A World After Climate Change and Culture-Shift, Dordrecht, Springer, 2014.
- Shawkat, A., International Environmental Law and the Global South, New York, NY : Cambridge University Press, 2015.
- Susskind, L.E., Environmental Diplomacy : Negotiating More Effective Global Agreements, Oxford University Press, 2015.
- Steinberg, P.F., Who Rules the Earth? : how Social Rules Shape our Planet and our Lives, Oxford, New York, Oxford University Press, 2015.
- Bodansky, D., "Implementation of International Environmental Law", The Japanese Yearbook of International Law, 54 (2012), pp. 62-96.
- Redgwell, C., "International Environmental Law", in International Law, Oxford, Oxford University Press, 2010, pp. 687-721.
- Woolley, O., Ecological Governance: Reappraising Law's Role in Protecting Ecosystem Functionality, Cambridge, Cambridge University Press, 2014.
- Zahar, A., International Climate Change Law and State Compliance, London, New York, Earthscan from Routledge, Taylor and Francis Group, 2015.
- Birnie, P.W. and A.E. Boyle (eds.), Basic Documents on International Law and the Environment, Oxford, Clarendon Press, 1995.
- Burhenne, W.E. (ed.), International Environmental Law: Multilateral Treaties, London, Kluwer Law International, 1995-...
- Burhenne, W.E. (ed.), International Environmental Soft Law: Collection of Relevant Instruments, Dordrecht, Nĳhoff, 1993.
- Hohmann, H. (ed.), Basic Documents of International Environmental Law, London, Graham & Trotman, 1992.
- Sands, P. and P. Galizzi (eds.), Documents in International Environmental Law, Cambridge, Cambridge University Press, 2004.
- Scovazzi, T. and T. Treves (eds.), World Treaties for the Protection of the Environment, Milano, Istituto per l'Ambiente, 1992.
Periodicals, serial publications
- Asia Pacific Journal of Environmental Law
- Colorado Journal of International Environmental Law and Policy
- Comparative Environmental Law & Policy Series
- Environmental Law Review of Eastern & Central Europe
- European Energy and Environmental Law Review
- The Georgetown International Environmental Law Review
- International Environmental Agreements : Politics, Law and Economics
- International Environmental Law and Policy Series
- International Environmental Law Reports
- IUCN Environmental Policy and Law Paper
- Macquarie Journal of International and Comparative Environmental Law
- Review of European Community and International Environmental Law
- Yearbook of European Environmental Law
- Yearbook of International Environmental Law
- Munro, R.J., International Environmental Law: International Law Bibliography, New York, NY, Oceana, 1990.
- Templeton, V.E. and H.J. Taubenfeld, World Environment Law Bibliography: Non-Periodical Literature in Law and the Social Sciences published since 1970 in Various Languages with Selected Reviews and Annotations from Periodicals, Littleton, CO, F.B. Rothman, 1987.
1. Civil liability and financial security for offshore oil and gas activities
Keywords: United States of America, Great Britain, European Union, Oil, Gas, Petroleum industry, Civil liability, Marine pollution, Energy security, Environmental damage, Compensation for damage,
2. Disasters, International Environmental Law and the Anthropocene
Keywords: Disasters, Natural disasters, Environmental protection, International environmental law,
3. Sustainable Development and Disasters
Keywords: Disasters, Natural disasters, Sustainable development,
Choix de bibliothécaire
Olawuyi, D.S., The Human Rights-based Approach to Carbon Finance, Cambridge, United Kingdom, Cambridge University Press, 2016.View this title in our link resolver Plinklet
This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
Ahmad, T., Climate Change Governance in International Civil Aviation: toward regulating Emissions relevant to Climate Change and Global Warming, The Hague, Eleven International Publishing, 2016.View this title in our link resolver Plinklet
Successful climate change governance in international civil aviation has yet to be achieved. In this book the author argues that, to successfully govern emissions from international civil aviation of relevance to climate change and global warming, binding legal measures, whether de facto or de jure, and a mandatory but temporary global market-based measure or unilateral market-based measures of the same model adopted by economically powerful States for international civil aviation are immediately required. This book demonstrates how de jure soft law instruments, e.g., Annexes to the Chicago Convention, international environmental law principles, a new understanding and way of exercising the doctrine of State sovereignty, and both multilateral and unilateral economic instruments can be utilized to reduce aviation’s environmental impacts.
Christiansen, S.M., Climate Conflicts - a Case of International Environmental and Humanitarian Law, Cham, Springer, 2016. (e-book)View this title in our link resolver Plinklet
The book addresses the question of whether the currently available instruments of international environmental and international humanitarian law are applicable to climate conflicts. It clarifies the different pathways leading from climate change to conflict and offers an analysis of international environmental law embedded within the international doctrine of state responsibility. It goes on to discuss whether climate change amounts to an issue covered by Art. 2.4 UN Charter – the prohibition of the use of force. It then considers the possible application of international humanitarian law to climate conflicts. The book also offers a definition of the term “climate conflict”, drawing on legal as well as peace and conflict studies.
Gouritin, A., EU Environmental Law, International Environmental Law, and Human Rights Law : the Case of Environmental Responsibility, Leiden, Boston, Brill, Nijhoff, 2016. (e-book)View this title in our link resolver Plinklet
In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Rosenow-Williams, K., Organizational Perspectives on Environmental Migration, London, New York, Earthscan from Routledge, Taylor & Francis Group, 2016.View this title in our link resolver Plinklet
Over the past decade, international organizations (IOs) and non-governmental organizations (NGOs) have increasingly focused their efforts on the plight of environmental migrants in both industrialized and developing countries. However, to date very few studies have analysed the influence and rhetoric of advocacy groups in the debates on environmental migration.Organizational Perspectives on Environmental Migration fills this lacuna by drawing together and examining the related themes of climate change and environmental degradation, migration and organizational studies to provide a fresh perspective on their increasing relevance. In order to assess the role of IOs and NGOs in the environmental migration discourse and to understand their interaction and their ways of addressing the topic, the book contains a wide-range of contributions covering the perspectives of organizational sociologists, political scientists, anthropologists, geographers, lawyers and practitioners. The chapters are organized thematically around the perspectives of key actors in the area of environmental migration, including IOs, courts and advocacy groups. The geographically diverse and interdisciplinary range of contributions makes this volume an essential foundational text for organizational responses to environmental migration.This volume will be of great interest to students and scholars of migration studies, international relations, organizational sociology, refugee law and policy, and development studies.
Romanin Jacur, F., Natural Resources Grabbing : an International Law Perspective, Leiden, Boston, Brill Nijhoff, 2016.View this title in our link resolver Plinklet
The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.
Atapattu, S., Human Rights Approaches to Climate Change : Challenges and Opportunities, Abingdon, Oxon, New York, NY, Routledge, 2016.View this title in our link resolver Plinklet
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups -women, indigenous peoples and climate "refugees" - would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
Quirico, O., Climate Change and Human Rights : an International and Comparative Law Perspective, London, New York, Routledge, Taylor & Francis Croup, 2016.View this title in our link resolver Plinklet
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.
- Max Planck Encyclopedia of Public International Law, Environment, International Protection, by U. Beyerlin and J. Grote Stoutenburg.
- Max Planck Encyclopedia of Public International Law, Conservation of Natural Resources, by U. Beyerlin and V. Holzer.
- Max Planck Encyclopedia of Public International Law, Earth Charter (2000), by K. Bosselmann.
- Max Planck Encyclopedia of Public International Law, Precautionary Approach/Principle, by M. Schröder.
- Max Planck Encyclopedia of Public International Law, Sustainable Development, by U. Beyerlin.
- Max Planck Encyclopedia of Public International Law, Climate, International Protection, by P.J. Sands and I. Millar.
- Max Planck Encyclopedia of Public International Law, Clean Development Mechanism, by P.J. Sands and I. Millar.
- Max Planck Encyclopedia of Public International Law, Biological Diversity, International Protection, by N. Matz-Lück.
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.Read more
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.Read more
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.Read more
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.Read more
"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.Read more
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.Read more
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.Read more
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.Read more
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.Read more
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.Read more
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).Read more
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”.Read more
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.Read more
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.Read more
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.Read more
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.Read more
- Center for International Environmental Law
- Environmental Crime - INTERPOL
- Environment Law Centre - IUCN
- European Union Action to Fight Environmental Crime
- Guide to World Environmental Law, by Hieros Gamos
- International Environmental law: Electronic Research Guide, by Anne Burnett
- International Environmental Law Research
- International Environmental law Guide
- UPDATE: a Basic Guide to International Environmental Legal Research, by Heidi Frostestad Kuehl