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The Reconciliatory Approach : How Multilateral Environmental Agreements Can Harmonize International Legal Obligations

Sjöstedt, Britta LU (2016) In Fragmentation vs the Constitutionalisation of International Law p.265-287
Abstract
Transboundary environmental problems pose a specific challenge to the international legal system, as they often demand instruments providing for collective and far-reaching measures on a global scale. Such measures may interfere with other areas of international law, including trade law, human rights law and international humanitarian law (IHL), which may permit conflicting behaviour. The interference creates tensions between contradictory international legal obligations. Traditional legal tools have proven unable to respond satisfactorily to solve the tensions because they need a political solution going beyond law in many cases. In this chapter, I argue that the particular structure of environmental treaties, also referred to as... (More)
Transboundary environmental problems pose a specific challenge to the international legal system, as they often demand instruments providing for collective and far-reaching measures on a global scale. Such measures may interfere with other areas of international law, including trade law, human rights law and international humanitarian law (IHL), which may permit conflicting behaviour. The interference creates tensions between contradictory international legal obligations. Traditional legal tools have proven unable to respond satisfactorily to solve the tensions because they need a political solution going beyond law in many cases. In this chapter, I argue that the particular structure of environmental treaties, also referred to as multilateral environmental agreements (MEAs), allows their treaty institutions to adopt a ‘reconciliatory approach’. The approach describes how normative and institutional interactions take place under MEAs for the purpose of avoiding conflicts and tensions with other international legal obligations but at the same time furthers the common concern to mitigate global environmental problems. Such an approach contributes to overcome fragmentation of international law. This is possible because of the MEAs’ capability to go beyond treaty interpretations and adopt more practical and political oriented strategies to further their objectives. In the application of the World Heritage Convention (WHC), activities interfering and reconciling with obligations in IHL and the UN Charter have been noted to protect natural world heritage sites in the war-torn Democratic Republic of the Congo (DRC). (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Public international law, environmental law, Folkrätt, miljörätt
in
Fragmentation vs the Constitutionalisation of International Law
editor
Jakubowski, Andrzej; Wierczyńska, Karolina; and
pages
265 - 287
publisher
Routledge
ISBN
978-1-315-65217-7
978-1-138-11972-7
language
English
LU publication?
yes
id
9d4017f6-0df5-4853-a99d-d8f0c6ef3336
date added to LUP
2017-06-13 10:34:21
date last changed
2017-06-20 09:23:28
@inbook{9d4017f6-0df5-4853-a99d-d8f0c6ef3336,
  abstract     = {Transboundary environmental problems pose a specific challenge to the international legal system, as they often demand instruments providing for collective and far-reaching measures on a global scale. Such measures may interfere with other areas of international law, including trade law, human rights law and international humanitarian law (IHL), which may permit conflicting behaviour. The interference creates tensions between contradictory international legal obligations. Traditional legal tools have proven unable to respond satisfactorily to solve the tensions because they need a political solution going beyond law in many cases. In this chapter, I argue that the particular structure of environmental treaties, also referred to as multilateral environmental agreements (MEAs), allows their treaty institutions to adopt a ‘reconciliatory approach’. The approach describes how normative and institutional interactions take place under MEAs for the purpose of avoiding conflicts and tensions with other international legal obligations but at the same time furthers the common concern to mitigate global environmental problems. Such an approach contributes to overcome fragmentation of international law. This is possible because of the MEAs’ capability to go beyond treaty interpretations and adopt more practical and political oriented strategies to further their objectives. In the application of the World Heritage Convention (WHC), activities interfering and reconciling with obligations in IHL and the UN Charter have been noted to protect natural world heritage sites in the war-torn Democratic Republic of the Congo (DRC). },
  author       = {Sjöstedt, Britta},
  editor       = {Jakubowski, Andrzej and Wierczyńska, Karolina},
  isbn         = {978-1-315-65217-7},
  keyword      = {Public international law,environmental law,Folkrätt,miljörätt},
  language     = {eng},
  pages        = {265--287},
  publisher    = {Routledge},
  series       = {Fragmentation vs the Constitutionalisation of International Law},
  title        = {The Reconciliatory Approach : How Multilateral Environmental Agreements Can Harmonize International Legal Obligations},
  year         = {2016},
}