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Advanced Introduction to International Environmental Law

Ellen Hey

This Advanced Introduction provides both an overview and a critical assessment of international environmental law (IEL) written by one of the leading authorities in this field. An invaluable entry point to this complex area of the law, the book pinpoints essential principles and institutions and distils the vast and often technical corpus of legal doctrine whilst also offering insights that stimulate critical thinking. Covering the origins, substantive content, institutional structure and accountability mechanisms of IEL, the book discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book will prove a useful resource for professors, practitioners and policy-makers needing to quickly gain an understanding of the core principles of this multi-faceted topic. It will also serve as a stimulating introductory text for both undergraduate and postgraduate courses.
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7 The relationship with other areas of international law

Ellen Hey


As the chapters in this book illustrate, international environmental law is a distinct area of international law in that numerous normative instruments, or parts thereof such as Part XII of the LOS Convention, can be identified that have been developed with the aim of protecting the environment. The chapters in this book also illustrate that international environmental law is inextricably linked to the body of general international law such as the law of treaties, the law on state responsibility and the law on the settlement of disputes. As such, international environmental law is part of international law. In addition, synergies or discrepancies exist between international environmental law and some other areas of international law. These other areas of international law include human rights law, the law of armed conflict, trade law and investment law. This chapter discusses the most salient synergies and discrepancies between these other areas of international law and international environmental law by focusing on how these other areas of international law engage with international environmental law.

The relationship between international environmental law and human rights law is reflected in the work of most United Nations human rights bodies as well as regional human rights courts and commissions. Since the 1990s, a number of special mandate holders have identified links between the enjoyment of human rights and the protection of the environment. Special mandate holders are individuals or working groups who are mandated to report on the state of affairs regarding a specific human right or...

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