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Relationship Between International Environmental Law and Other Branches of International Law Alan Boyle The Oxford Handbook of International Environmental Law Edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey Print Publication Date: Aug 2008 Subject: Law, International Law, Environment and Energy Law Online Publication Date: Sep 2012 DOI: 10.1093/oxfordhb/9780199552153.013.0007
Abstract and Keywords International environmental law is neither a separate nor a self-contained system or sub-system of law. Rather, it is simply part of international law as a whole. It is true that many ‘environmental’ treaties and other legal instruments have been negotiated over the past half-century, and that the study of international environmental law is to a significant extent a study of these treaties and other instruments. Nevertheless, unlike World Trade Organisation (WTO) law, the law of the sea, or human rights law, international environmental law has never been systematically codified into a single treaty or group of treaties. There is neither a dedicated international environmental organisation nor an international dispute settlement process with the ability to give it coherence. This article provides the link between international environmental law and WTO law, the 1982 UN Convention on the Law of the Sea and the 1992 Convention on Biological Diversity, environment and human rights, and dispute settlement and applicable law. Keywords: World Trade Organisation, international environmental law, international law, human rights, 1982 UN Convention, Biological Diversity Convention, environment, dispute settlement
Alan Boyle
Alan Boyle is Professor of Public International Law at the University of Edinburgh School of Law, United Kingdom, and a practising barrister at Essex Court Chambers in London. He has acted as counsel in the Chile/EC Swordfish case, the MOX Plant arbitration, and the Pulp Mills case.
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