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The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic?s low profile is due to the mostly uncontroversial nature of the field?s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement?s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the ?proceduralization? of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

Environmental law, International --- Environmental law, International. --- Environnement (Droit international) --- Trials (Offenses against the environment) --- Procès (Crimes contre l'environnement)

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"It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate-change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed"--

International law --- Obedience (Law) --- Rule of law --- Effectiveness and validity of law --- Social aspects --- Psychological aspects --- Effectiveness and validity of law. --- Rule of law. --- Psychological aspects. --- Social aspects. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Validity and effectiveness of law --- Jurisprudence --- Supremacy of law --- Administrative law --- Constitutional law --- Legal obligation --- Obligation, Legal --- Obligation to obey the law --- Philosophy --- Obedience (Law). --- International law - Social aspects --- International law - Psychological aspects

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Environmental law, International --- Environnement (Droit international) --- Environmental law, International. --- 341 --- 614.7 --- Internationaal recht. Volkenrecht --(algemeen) --- Pollutie van lucht, water, grond--(openbare gezondheidszorg) --- Hygiene of air, water, soil. Pollution and its control --- 341 Internationaal recht. Volkenrecht --(algemeen) --- Environmental law --- International law --- International environmental law --- Common heritage of mankind (International law) --- Environnement --- Droit international

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As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.

Climatic changes --- Greenhouse gas mitigation --- Environmental policy --- Government policy. --- International cooperation. --- United Nations Framework Convention on Climate Change --- Jingdu tiao yue --- Jingdu xie yi shu --- Jingdu yi ding shu --- Konvensi Perubahan Iklim --- Kyōto giteisho --- Kyoto Protocol --- Kyoto Treaty --- Lian he guo qi hou bian hua kuang jia gong yue de Jingdu yi ding shu --- Protokol Kyoto --- Protokol Kyoto Untuk Konvensi Kerangka Kerja PBB Tentang Perubahan Iklim --- 京都协议书 --- 京都条约 --- 京都議定書 --- 京都议定书 --- 联合国气候变化框架公约的京都议定书 --- Climate Change Convention --- Convention cadre des Nations Unies sur les changements climatiques --- FC --- FCCC --- Förenta Nationernas konvention om klimatförändringar --- Förenta Nationernas ramkonvention om klimatförändringar --- Framework Convention on Climate Change --- Kihu Pyŏnhwa e kwanhan Kukche Yŏnhap Kibon Hyŏbyak --- UN Climate Change Convention --- UN-FCCC --- UN Framework Convention on Climate Change --- UNFCCC --- United Nations Framework Convention of Climate Change --- Convention on Climate Change --- Environmental law, International. --- Law and legislation. --- International environmental law --- International law --- Common heritage of mankind (International law) --- Environmental law --- Climate change mitigation --- Liability for climatic change damages --- Law and legislation --- Law --- General and Others --- Climatic changes - Law and legislation --- Greenhouse gas mitigation - Law and legislation --- Environmental law, International

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Political sociology --- Politics