| Category | Essay Example | Subject | Law |
|---|---|---|---|
| University | University College Cork | Module Title | LW6627 International Environmental Law |
International environmental law (IEL) poses a particular challenge to the traditional structure of international law. Environmental law is often diffuse, cumulative, and concerns scientifically uncertain topics. This gives rise to the question, whether the traditional sources of international law, as articulated in Article 38 of the Statute of the International Court of Justice (ICJ), are capable of adequately regulating environmental protection.
Article 38 of the ICJ Statute reflects the classic understanding that international law is grounded in treaties customary international law, general principles of law, and subsidiary means. These sources ensure legal legitimacy and legal certainty. However, IEL increasingly relies on soft law instruments, principles, institutional practices, and compliance mechanisms that fall outside this traditional source framework. Using specific principles like polluter-pays and sustainable development, this essay will argue that, while lacking binding force, they exert significant normative influence on treaty interpretation, domestic implementation, and institutional decision-making. Furthermore, it will argue that Conferences of the Parties (COPs) and non-compliance procedures (NCPs) increasingly perform quasi-legislative and quasi-judicial functions that are not captured by Article 38.
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