There were some who hailed the existence of this provision in the Statute and advocated for the inclusion of broader considerations of security and stability when applied 63 and others who acknowledged the option of prosecutorial discretion, within its limits though, provided both by a mandatory judicial review and the current legal trends. In September , the OTP issued a policy paper, addressing the issues arising from the interests of justice clause. Regarding the interests of the victims, the policy paper reiterates its strict flexibility since it initially acknowledges that despite the wording of Article 53 1 c , which implies the preference of the victims for prosecutorial justice, there is still the possibility of divergent views, which the OTP assures will be respected.
In particular, among the three above-mentioned potential scenarios for the application of the specific reference, the peace—justice approach of the OTP has triggered a polarizing dialogue predominantly between political scientists and lawyers in the context of northern Uganda and Darfur. The peace—justice debate, despite the clear objective of the OTP to address the interests of the victims in Articles 15 and 53, has highlighted the problematique regarding the goals and vision of the ICC as a whole.
The response to this critique has emphasized the need for an independent, impartial and objective application of the adopted selection criteria for situations. Since Nuremberg, there has been a growing movement on combating impunity for gross violations of human dignity, which has developed under the premises of the rule of law concept. This position, though, is far from uncontested. It is another matter to accept the universality of categorizing the great evils as crimes.
The concept of legitimacy in general has obtained a variety of contents, and for this reason a proliferation of theories and modalities may be observed. The notion of legitimacy carries both a normative and sociological meaning. Alternatively, there are three main angles with which the notion of legitimacy is perceived.
The first one is the procedural view of legitimacy, which is predominantly legal. Legal legitimacy reiterates the initial validation of authority via state consent and provides the conditions under which the authority is considered to be legitimate — the condition of being in accordance with law or principles.
The tripartite dichotomy is also reflected in the diversification between source-, procedural- and substantive-based legitimacy. Returning to the particular angle of this article, the exercise of prosecutorial discretion has been linked to the overall function and legitimacy of the ICC. In this context, as mentioned above, several scholars have suggested that the adoption of ex ante guidelines, which would objectify the selection process, add transparency and clarification in the work of the main figure, the prosecutor, and thus enhance the legitimacy of the Court.
However, one could observe a confusion about the various aspects of legitimacy, where procedural requirements are mixed with sociological dimensions and moral expectations with legal or subjective validation. The first decade of prosecutorial action and inaction triggered an interesting debate between academics and practitioners.
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Legal and policy questions were raised in an unpre cedented exchange of opinions among public international and criminal lawyers, among realists and idealists and between apologists and utopians. This latter controversy put the OTP in an unprecedented turmoil, which was elevated to the level of a Schmitian dichotomy between enemy and friends. Yet the subsequent question to be asked is: legitimacy to the eyes of whom? Additionally, the diverse angles of legitimacy — legal, moral and subjective — add a second level of normative uneasiness.
At the same time, the Rome Statute has raised different expectations about the various constituencies that exacerbate the legitimacy gap. Each of these actors defines the goals of the Court in a different way, according with their own priorities. The Rome Statute is the product of very good intentions. It is beyond the purpose of this article to doubt the values of its drafters. Yet it can be argued that due to its special character, the credibility or legitimacy of the ICC is enhanced when the affected communities that it is purported to serve share at least a minimum standard of acceptance.
Within this context, the idea of legitimization, as it is pronounced by a series of sociologists, appears to provide another way to deal with the problems arising from a narrow application of a normative concept of legitimacy, focusing strictly on procedural fairness, representation and transparency. In this sense, she should interact not only with the legal elites and the states but also with the society in an open dialogue, where the OTP will acknowledge the various expectations and subsequently adjust its policies in order to legitimize its practice.
This suggestion appears to be in contract with the adopted position of the OTP to focus on legal or procedural legitimacy, which contributes to a predominantly external legitimization. It is not enough for the OTP to address solely either the source input legitimacy or the procedural one. In order to achieve a holistic form of legitimization, the OTP should also be concerned with a so-called result-based legitimacy, one that can be identified with outcomes that influence state conduct.
This legitimization process will allow the OTP to engage in a sincere dialogue, which will be especially beneficial at least when considering the interests of justice reference. The ICC consists of a hard form of legalization, containing all three characteristics. However, could it also be a political body? And if it is not a purely judicial body, how can this twofold dimension being both a criminal and a security court be substantiated?
In other words, what are the goals of the ICC? Are its purposes confined in rendering individual accountability, or should the Court promote reconciliation, peace and security on the ground? If this is the case, then when should the Court intervene? Moreover, in the case of intervention, should the prosecutor consider political and exogenous factors contrary to his persistence that those parameters are outside his spectrum?
The present article supports the idea that the ICC is a sui generis creation functioning under the premises of the first scenario, that of the Court being a hermaphrodite institution. Fairness here means rightness, an intrinsic quality of balance. To ignore the realities on the ground entails the risk of rendering criminal justice a project without merit. To be apprehensive of the particularities of the societies that are at stake, on the other hand, is a quality not only of justice but also of fairness.
In this exercise, the prosecutor of the ICC must demonstrate the virtue of right balance, or phronisis , as it was developed in the Aristotelian philosophy of ethics. A second dimension of fairness is reflected in the broader implications of the prosecutorial exercise.
The current article purports to highlight the importance and complexity of the concept of legitimacy within the context of the ICC under the particular angle of pro secutorial discretion. The demand for further independence and transparency, which is advocated by a series of scholars and activists, reveals the perplexed function of legal, moral and sociological legitimacy, based on the importance of procedural fairness for the foundation of the belief that a decision is legitimate.
This is an open-ended dialectic process that requires a more nuanced and flexible attitude towards the multi-layered concept of legitimacy. A purely legalistic process-oriented approach can provide only a limited insight, missing the actual impact of the ICC. On the other hand, sociological perceptions have to be assessed via the eyes and expectations of the various audiences. However, all of this theoretical framework presupposes an understanding and realization of the goals of the Court.
Despite its extraordinary function, this reference serves as a safety net for the prosecutor and the Court because it simply recognizes the limits of international criminal justice. In this regard, the prosecutor should explore its potentials in a way that would liberate her from accusations of being either utopian or apologetic, too political or not political at all and a guarantor of justice or a spoiler of peace.
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International environmental law : fairness, effectiveness, and world order - Semantic Scholar
Volume Article Contents. The author would like to thank all participants of the Fourth Annual Junior Faculty Forum for International Law for their very thoughtful comments and in particular Jon Heller and Jan Klabbers for their inspiring feedback. Email: maria. Condition is Very Good. Dispatched with eBay delivery — Packlink days. Sadler Paperback, Dispatched with Royal Mail 2nd Class. Excellent condition - see pictures.
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Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole. Nonetheless, they represent important principles for the understanding of environmental law around the world. Defined by the United Nations Environment Programme as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" development cannot be considered in isolation from sustainability and "interdependence" social and economic development, and environmental protection, are interdependent.
In , the first UN Earth Summit resulted in the Rio Declaration , Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. Defined by UNEP to include intergenerational equity - "the right of future generations to enjoy a fair level of the common patrimony" - and intragenerational equity - "the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources" - environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations.
Defined in the international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state. Identified as essential conditions for "accountable governments, One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows:.
The polluter pays principle stands for the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large. Environmental law is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations vs.
gatsbyconstruction.co.uk/gallos-de-pelea-un-deporte-de.php Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. It is very common for regulated industry to argue against environmental regulation on the basis of cost. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity.
Many environmentalists' response to pitting economy vs. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection.
An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as a result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. Global and regional environmental issues are increasingly the subject of international law. Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations.
Customary international law is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include the duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration 'good neighbourliness' or sic utere.
Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral or sometimes bilateral treaties a. Protocols are subsidiary agreements built from a primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge.
They also permit countries to reach agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law is the Kyoto Protocol , which followed from the United Nations Framework Convention on Climate Change. While the bodies that proposed, argued, agreed upon and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 's United Nations Conference on the Human Environment , 's World Commission on Environment and Development , 's United Nations Conference on Environment and Development and 's World Summit on Sustainable Development have been particularly important.
Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing the agreement. International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on the development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages.
Other programs work on developing stronger environmental laws, regulations, and standards. The European Union issues secondary legislation on environmental issues that are valid throughout the EU so called regulations and many directives that must be implemented into national legislation from the 28 member states national states. Examples are the Regulation EC No. Topics for common EU legislation are:. The U. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations.
The Environment Protection and Biodiversity Conservation Act is the center piece of environmental legislation in the Australian Government. The Brazilian government created the Ministry of Environment in in order to develop better strategies of protecting the environment, use natural resources sustainably, and enforce public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of the Environment.
When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights , and Clean Water Act. According to the U. Environmental Protection Agency , "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework.
Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system.
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With the enactment of the Constitution , Ecuador became the first country in the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and , recognizes the inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it.
The Rights of Nature articles in Ecuador's constitution are part of a reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry , most famously the class-action litigation against Chevron , and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa , and sparked a demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living—focused on social, environmental and spiritual wealth versus material wealth—gained popularity among citizens and was incorporated into the new constitution.
The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated the incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir. Apart from this, there are also individual legislations specifically enacted for the protection of Water, Air, Wildlife, etc. These positions are responsible for advising the Minister on all areas of environmental legislation. A common theme of New Zealand's environmental legislation is sustainably managing natural and physical resources, fisheries, and forests.
Vietnam is currently working with the U. Environmental Protection Agency on dioxin remediation and technical assistance in order to lower methane emissions. In March , the U.
S and Vietnam signed the U. From Wikipedia, the free encyclopedia.