| Category | Essay Example | Subject | Law |
|---|---|---|---|
| University | University College Cork | Module Title | LW6627 International Environmental Law |
International Environmental Law (IEL) is different from traditional international law because environmental problems are complex and can involve scientific uncertainty. This raises the question of whether Article 38 of the ICJ Statute provides enough legal sources to deal with environmental protection.
Article 38 recognises treaties, customary international law, general principles of law, and subsidiary means. However, IEL also uses soft law, environmental principles, and international procedures. Principles such as the polluter-pays principle and sustainable development can influence laws and decisions even when they are not legally binding. Similarly, COPs and non-compliance procedures play important roles in developing and applying environmental rules, showing that IEL is not fully covered by the traditional Article 38 framework.
1. Introduction
2. The traditional sources of international law
3. Norms beyond the traditional sources in IEL
3.2. The function of the principles
3.3. The limits of traditional sources of international law
4. Institutional Practice and Dynamic Law-Making
4.1. Non-Compliance Procedures as an enforcement mechanism
4.2. Limits
5. Are traditional sources outdated or incomplete?
6. Conclusion
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