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01 Oct 2016

Global Law While The To A Healthy And Balanced Environment As A Jus Cogens Human Right



Up to now, standard worldwide legislation will not think about individual environmental liberties to on a clean and healthier environment is a jus cogens individual right. Jus cogens (“powerful legislation”) relates to preemptory legal principles and norms that are binding on all worldwide says, aside from their consent. They’ve been non-derogable into the feeling that says cannot make a booking to a treaty or make domestic or worldwide regulations that are incompatible with any worldwide agreement they have ratified and therefore to which they have been a party. They “prevail over and invalidate worldwide agreements also guidelines of worldwide legislation incompatible together with them… [and tend to be] subject to modification just by a subsequent norm… getting the exact same personality.” (1) therefore, these are the axiomatic and universally accepted legal norms that bind all countries under jus gentium (legislation of countries). For instance, some U.N. Charter provisions and conventions against slavery or torture are believed jus cogens guidelines of worldwide legislation that are nonderogable by events to virtually any worldwide convention.

As the worldwide legal system features evolved to accept as well as codify basic, non-derogable individual liberties (2), the advancement of environmental legal regimes haven’t advanced as far. As the previous are finding a spot within highest degree of universally recognized rights, the latter only have recently and over much opposition, reached a modest degree of recognition as a legally controlled task within the business economics and politics of lasting development.

1. The worldwide legal neighborhood acknowledges the exact same types of worldwide legislation as does the United States’ legal system. The 3 types of worldwide legislation tend to be reported and defined into the Restatement (Third) regarding the Foreign Relations Law regarding the united states of america (R3dFRLUS), part 102. Initial origin is Customary Global Law (CIL), thought as the “general and consistent practice of says then followed off a feeling of legal obligation” (3) (opinio juris sive necessitatus), in place of off ethical obligation. In addition, CIL is broken when circumstances, “as a matter of state plan,… practices, motivates or condones (a) genocide, (b) slavery… (c) the murder or causing the disappearance of individuals, (d) torture or any other cruel, inhuman or degrading therapy… or (g) a consistent pattern of gross violations of globally recognized individual liberties.” (4) To what level such individual liberties should be “internationally recognized” just isn’t clear, but clearly a lot of the whole world’s countries must recognize such liberties before a “consistent pattern of gross violations” causes a violation of CIL. CIL is analogous to “span of working” or “usage of trade” into the domestic commercial legal system.

Proof of CIL includes “constitutional, legislative, and executive promulgations of says, proclamations, judicial decisions, arbitral prizes, writings of experts on worldwide legislation, worldwide agreements, and resolutions and guidelines of worldwide seminars and companies.” (5) It uses that such proof is sufficient which will make “internationally recognized individual liberties” protected under universally recognized worldwide legislation. Thus, CIL are developed by the overall expansion regarding the legal acknowledgment (opinio juris) and activities of says of what exactly constitutes “internationally recognized individual liberties.”

2. Another degree of binding worldwide legislation usually of worldwide agreements (treaties), or traditional Global Law. As jus cogens liberties and guidelines of legislation, as well as CIL, tend to be major and universally binding legal precepts, therefore do worldwide treaties form binding worldwide legislation for the celebration users that have ratified that pact. The same way that some States’ domestic constitutional legislation declares the fundamental human liberties of each State’s people, therefore do worldwide treaties produce binding legislation regarding the liberties delineated therein, in accordance with the customary worldwide jus gentium principle of pacta sunt servanda (agreements can be respected). Treaties come in change internalized because of the domestic legal system as a matter of legislation. Thus, for instance, the U.N Charter’s provision up against the use of power is binding worldwide legislation on all says therefore, in turn, is binding legislation in the United States, for instance, as well as on its people. (6) Treaties tend to be analogous to “contracts” into the domestic legal system.

Proof of traditional Global Law includes treaties, definitely, as well as relevant product, translated beneath the normal canons of construction of relying on the text it self therefore the words’ ordinary definitions. (7) frequently, traditional legislation must be translated within the context of CIL. (8) As a practical matter, treaties are often customized by amendments, protocols and (usually technical) annexes. Mechanisms exist for “circumventing rigid application of consent” because of the party says. Generally, these mechanisms include “framework or umbrella conventions that just state basic responsibilities and establish the equipment for further norm-formulating products… specific protocols developing particular substantive responsibilities… [and] technical annexes.” (9) these brand new instruments “do no need ratification but come into power in some simplified means.” (10) as an example, they could need just signatures, or they come into power for several original events whenever the absolute minimum wide range of says ratify the modification or unless the absolute minimum wide range of says object within a specific time frame, or switches into power for several except the ones that item. (11) according to the pact it self, as soon as basic opinion is reached, it isn’t essential for all to consent to specific modifications to allow them to get into effect. “[I]n an expression they are instances of an IGO [(international government organization)] organ ‘legislating’ right for [S]tates.” (12)

3. Finally, guidelines of worldwide legislation may also be based on universal General Principles of Law “typical toward significant legal methods of the world.” (13) These “general principles of legislation” tend to be principles of legislation as a result, maybe not of worldwide legislation per se. Even though many examine these basic principles is another supply of worldwide legislation that “may be invoked as supplementary guidelines… in which proper” (14), some consider them on an “footing of formal equivalence using two positivist elements of custom and pact”. (15) instances would be the principles of res judicata, equity, justice, and estoppel. Frequently, these guidelines tend to be inferred by “analogy to domestic legislation regarding guidelines of procedure, proof and jurisdiction.” (16) However, “while provided concepts of of internal legislation can be utilized as a fall-back, you can find sever restrictions due to the characteristic differences when considering worldwide legislation and internal legislation.” (17) proof General Principles of Law includes “municipal regulations, doctrine and judicial decisions.” (18)

Treaty provisions and their inherent responsibilities can cause binding CIL if they are “of a basically norm-creating personality such could possibly be considered forming the cornerstone of a broad rule of legislation.” (19) A basic premise with this article is that the “relatively exclusive ways (of lawmaking) of history aren’t suited to contemporary situations.” (20) Jonathan Charney preserves that today’s CIL is much more plus being developed by consensual multilateral discussion boards, in place of State practice and opinio juris, which “[consensus, thought as having less expressed objections toward rule by any participant, may often be enough… Theoretically, one demonstrably phrased and strongly endorsed declaration at a near-universal diplomatic discussion board could possibly be enough to ascertain brand new worldwide legislation.” (21) this method should always be distinguished conceptually as “general worldwide law”, in place of CIL, once the Global Court of Justice (ICJ) features often done.

In want vein, Professor Gunther Handl contends that most multilateral environmental agreements (MEAs) of “global applicability” produce “general worldwide legislation”:

“A multilateral pact that covers fundamental concerns regarding the worldwide neighborhood in particular, which as a result is strongly sustained by the vast majority of says, by worldwide companies also transnational actors,– and also this is, definitely, precisely the case using biodiversity, climate, and ozone regimes, among others-may indeed generate objectives of basic conformity, simply speaking such a treaty will come to be noticed as showing legal criteria of basic applicability… and as such must certanly be deemed with the capacity of generating liberties and responsibilities both for third says and third companies.” (22)

Notwithstanding, Daniel Bodansky contends that CIL can be so rarely sustained by State activity, that it is maybe not customary legislation anyway. “Global environmental norms reflect maybe not exactly how says on a regular basis act, but exactly how says talk with one another.” (23) phoning such legislation “declarative legislation” which section of a “myth system” representing the collective ideals therefore the “verbal practice” of States, he concludes that “our time and efforts is better spent wanting to convert the overall norms of worldwide environmental relations into concrete treaties and activities.” (24)

But analysis the existing standing of worldwide individual liberties and environmental legislation may reveal the mechanisms for raising environmental liberties toward degree of jus cogens liberties. For instance, the U.N. Convention regarding the Law regarding the Seas (UNCLOS), whose settlement was started in 1972 and finalized in 1982, was considered by many nations is CIL once it arrived to power in 1994. (25)

II. ACTIVE STATUS REGARDING THE RIGHT TO AN EXCELLENT ENVIRONMENT No State today will publicly declare that its within its sovereign liberties to harm their domestic environment, not as compared to the worldwide neighborhood, nonetheless many States usually do not guarantee environmental security as a basic human right. At this time, environmental legislation is composed of mainly standard Global Law and some CIL. The previous utilizes express consent therefore the latter on implied consent, unless circumstances avails it self regarding the Persistent Objector principle, which precludes it from being bound by even many CIL. Unlike for individual liberties and worldwide crimes, there’s absolutely no basic environmental liberties courtroom available today. As the Law regarding the water Tribunal also U.N. discussion boards (e.g., the ICJ) exist for trying instances of pact violations, non-treaty particular violations don’t have any worldwide place at present. Italian Supreme Court Justice Amedeo Postiglione says that

“[T]he individual to the environment, must have, within worldwide level, a specific organ of security for a fundamental legal and governmental reason: the environment just isn’t a right of States but of individuals and should not be effectively protected because of the Global Court of Justice into the Hague since the predominantly economic interests regarding the States and current institutions are often at loggerheads using individual to the environment.” (26)

Domestic remedies would have to be pursued very first, definitely, but standing is granted to NGOs, people, and says whenever such remedies proved useless or “the dispute increases dilemmas of worldwide relevance.” (27) as an example, even though ICJ features an “environmental chamber” and U.S. courts often appoint “unique masters” to handle these types of disputes, its clear that the recognition regarding the individual to the environment requires an international courtroom of the own so that you can recognize such a right and solution worldwide violations in a simple yet effective and fair manner. (28)

III. THE JUS COGENS NATURE OF ECOLOGICAL LIBERTIES regardless of particular pact responsibilities and domestic environmental legislation, do says, or perhaps the worldwide neighborhood as a whole, have a task to simply take measures to prevent and protect against environmental hazards?

Man liberties tend to be “statements of entitlement” that arise “at the time of correct” (31) and therefore are independent of exterior reason; they have been “self evident” and fundamental to virtually any person residing a dignified, healthier and productive and fulfilling life. As Louis Henkin highlights:

“human being liberties aren’t some abstract, inchoate ‘good’; they have been defined, particular statements placed in worldwide instruments including the [U.N.’s] Universal Declaration of Human Rights therefore the significant covenants and conventions. They’ve been those advantages deemed necessary for specific well-being [sic], self-esteem, and satisfaction, which reflect a common feeling of justice, equity, and decency. [not any longer tend to be individual liberties considered grounded in or justified by utilitarianism,] normal legislation,… personal agreement, or just about any other governmental principle…[but] are based on accepted principles, or are required by accepted ends-societal stops such comfort and justice; specific ends such individual self-esteem, pleasure, satisfaction. [like fundamental liberties guaranteed in full because of the U.S. Constitution, these liberties tend to be] inalienable and imprescriptible; they are unable to be transported, forfeited, or waived; they are unable to be lost insurance firms been usurped, or by one’s failure to work out or assert them.” (32)

Henkin distinguishes between “immunity statements” (such ‘the State cannot do X for me’; the unmistakeable sign of the U.S. constitutional jurisprudential system) and “resource statements” (such ‘We have a right to Y’) in a way that the individual gets the to, for instance, free message, “food, housing, also basic human requirements.” (33) in the present “global village”, the Right to a healthy and balanced Environment is obviously a “resource claim” and a basic human need that transcends nationwide boundaries.

Relating to R.G. Ramcharan, there is certainly “a rigid task… to simply take efficient measures” by States therefore the worldwide neighborhood as a whole to safeguard the environment through the possible hazards of economic development. (34) their place is that the Human to lifetime is a. jus cogens, non-derogable peremptory norm that by its really nature includes the ability to on a clean environment. This task is obviously spelled call at such multilateral treaties once the UN Convention on Desertification, the UN Framework Convention on Climate Change, therefore the Convention on Biological Diversity. (35) it really is expounded into the Stockholm, Rio and Copenhagen Declarations as a core part of the principle of renewable developing. It forms the cornerstone of NAFTA’s, the WTO’s therefore the European Union’s economic development agreements, therefore the European Convention therefore the Global Covenant on Civil and Political Rights (ICCPR), which was ratified by many nations in the world, like the united states of america.

The Human to a healthy and balanced Environment is explicitly included in the Inter-American and African Charters, along with the constitution of over 50 nations worldwide. If it is according to treaties, CIL, or “basic principles”, the obligation regarding the worldwide neighborhood toward environment is today demonstrably spelled out and enforceable through worldwide tribunals. For instance, the Lhaka Honhat Amid Curiae simple recognized the liberties regarding the indigenous peoples of Argentina to “a host that supports actual and spiritual well being and development.” (36) Similarly, in a different choice, the Inter-American Human Rights Commission upheld suitable regarding the Yanomani in Brazil to a healthy and clean environment. (37) On an international level, the UN Human Rights Committee features indicated that environmental harm is “a violation regarding the to life found in Article 6(1) regarding the [ICCPR]”. (38)

Thus, today, the erga omnes obligation of States to simply take efficient actions to shield the environment is a task that no State can shirk or ignore. If it will, it operates the risk of prosecution by worldwide courts and achieving to institute measures commensurate featuring its duty to safeguard its share regarding the “global commons”. Interestingly, the thought of jus cogens appeared after World War II as a reply toward commonly held view that the sovereignty of States excused them from breaking the after that so-called CILs. Relating to Ebony’s Law Dictionary, “there is certainly a detailed connection between jus cogens therefore the recognition of a ‘public purchase regarding the worldwide neighborhood’… Without expressly utilising the thought of jus cogens, the [ICJ] implied its existence with regards to described responsibilities erga omnes in its judgment… into the Barcelona Traction Case.” (39)

IV. THIRD GENERATION HUMAN LIBERTIES AS WELL AS THE ENVIRONMENT Is environmental security is an erga omnes obligation, which, one owed toward worldwide neighborhood as a whole as a jus cogens individual right?

In a different opinion toward Case Concerning the Gebecikovo-Nagymaros venture (Hungary v. Slovakia), Judge Weeramantry, the Vice President regarding the ICJ, expounded regarding the legal basis for lasting development as a broad principle of worldwide legislation. Along the way, he concludes that environmental security is a universal erga omnes legal norm which both CIL as well as a broad principle of legislation per se. In Gebecikovo, ostensibly to have been decided upon the merits regarding the pact regulating the building of energy plants across the Danube, as well as by worldwide customary legislation, the ICJ held that the to development must certanly be balanced using to environmental security because of the principle of lasting development. Even yet in the lack of a specific pact provision, the thought of lasting development is a legal principle which “a built-in principle of modem worldwide law”. (40)

Sustainable development can be recognized in State practice, including the Dublin Declaration because of the European Council regarding the ecological Imperative. (41) As such, lasting development features in place been raised toward degree of CIL.

For instance, the Martens Clause regarding the 1899 Hague Convention Respecting the Laws and Customs of War on Land has been translated in 1996 by Judge Shahabudeen regarding the ICJ as providing a legal basis for inferring that basic principles rise above custom and pact, having their basis in “principles of humanity therefore the dictates of general public conscience”. (42) based on Weeramantry, “whenever a duty including the task to safeguard the environment can be so well accepted that most people do something about it, that task is a component regarding the legal system concerned… as basic principles of legislation acquiesced by civilized of countries.” (43)

Sustainable development acts as a reconciling principle between economic development and environmental security. As economic development is an inalienable right of States’ self-determination, environmental security is an erga omnes obligation of all of the says for the good thing about the worldwide commons that most share. “The principle of lasting development is thus an integral part of modern worldwide legislation by reason not merely of the inescapable rational need, and by reason of the broad and basic acceptance because of the global community”, and not only by developing nations. (44)

Attracting upon the wealthy history of diverse countries’ legal methods and exactly what he calls “living law”, Judge Weeramantry highlights that standard value for nature has been a guiding ethical and legal principle for economic development throughout record. The ICJ in addition has recognized these principles this kind of past decisions as Barcelona Traction, Light and Power Company, Ltd. (Belgium v. Spain) in 1972. (45) Judge Weeramantry concludes that the “ingrained values of any society would be the origin from where its legal concepts derive… [and that environmental security is] the type of pristine and universal values which demand worldwide recognition.” (46)

Initial generation of Human Rights had been those announced because of the “smooth legislation” regarding the Universal Declaration of Human Rights: “we have all the ability to life freedom and protection of person.” Art. 3. it had been modeled regarding the U.S. Bill of Rights therefore the American Declaration of Independence. It was echoed into the binding ICCPR (“Every person gets the inherent to life.”, ICCPR, Art. 6(1) (1966)), that the U.S. features ratified, therefore the American Convention on Political and civil-rights regarding the Inter-American System (which attracts direct connections between individual liberties and environmental liberties).

The next generation of individual liberties appeared using financial, Social and social (ECOSOC) Rights created this kind of treaties once the Global Covenant on financial, Social and Cultural Rights (ICESCR; that the U.S. have not ratified), and several international State’s Constitutions (e.g., Germany, Mexico, and Costa Rica). Included in these are the ability to free range of work, to (usually free) knowledge, to sleep, leisure, etc. definitely complied within European countries, these liberties have furthermore been expanded because of the EU in their European Social Charter (1961) generating much legislation for the security of workers, females, and kids.

The third and existing generation of individual liberties features emerged through the Eco-Peace-Feminist Movement. Included in these are the Right to developing, the Right to a secure Environment therefore the to Peace. Essentially, this third generation of liberties covers the situation of impoverishment as a social (and therefore legitimately redressable) sick that lies within core of environmental issues and violations. The “environmental justice” movement views instances that demonstrate that environmental air pollution is disproportionately commonplace in minority communities, whether at an area or worldwide level. Authors John Cronin & Robert F. Kennedy, Jr., have explicitly entitled their research of environmental air pollution across the Hudson River The Riverkeepers: Two Activists Fight to Reclaim the environment as a simple Human Appropriate. (47) This predominantly U.S. movement targets “environmental racism” as a method for pursuing remedies or perhaps the disproportionate air pollution of minority communities as violations of existing civil rights legislation by “exploring] the usage the countries’ environmental regulations to safeguard the liberties regarding the poor.” (48)

V. RECOGNITION, COMMITMENT AND ENFORCEMENT OF THE RIGHT: THE MONTREAL PROTOCOL AS A MODEL FOR CONSENSUS BUILDING the main element mechanisms for developing binding worldwide legislation tend to be recognition of an obligation or right, commitment to its security, and efficient enforcement methods. The Montreal Protocol on Substances that Deplete the Ozone Layer could be the “most essential precedent in worldwide legislation for the management of global environmental harms.” (49) It serves as a model for several other environmental concerns that need decision-making facing systematic anxiety, global non-consensus, and high harm-avoidance expenses. It was the very first worldwide “precautionary” pact to address an international environmental concern you should definitely even “measurable evidence of environmental harm existed.” (50) Although ozone depletion by chloro-fluorocarbons (CFCs) also ozone depleting substances (ODSs), therefore the attendant harms of overexposure to harmful ultraviolet radiation, was indeed suspected by researchers during the early 1970s, it absolutely was maybe not until 1985 therefore the Vienna Convention for the Protection regarding the Ozone Layer that worldwide activity was taken fully to deal with the situation.

THE VIENNA MEETING FOR SECURITY REGARDING THE OZONE LAYER At the time of the Vienna Convention, the U.S. represented over 50percent regarding the global usage of CFCs in a $3 billion market for aerosol propellants alone. In general, CFC services and products represented a $20 billion market and about a-quarter of a million jobs in America alone. (51) The climate Amendments of 1977 therefore the 1978 EPA ban on all “non-essential” utilizes of CFC in aerosol propellants was quickly followed globally by comparable bans by Sweden, Canada and Norway. (52) These activities had been an immediate a reaction to customer force and market needs by recently environmentally-conscious customers.(53) Rewards had been also offered toward developing nations so that they could “ramp up” at reasonable quantities of reductions. (54)

Innovative ratification incentives included requiring just 11 regarding the top two-thirds of CFC producing nations to ratify and deliver the pact into power. (55) As a result of such versatility, innovation, opinion and cooperation, the Montreal Protocol has been hailed as a significant success in worldwide diplomacy and worldwide environmental legislation. These days nearly every nation in the world is a member (over 175 says).

THE LONDON ADJUSTMENTS AND AMENDMENTS OF 1990 By 1990 systematic confirmation of global heating therefore the depletion regarding the ozone layer resulted in the London Adjustments and Amendments. Once again, U.S. companies such Dupont, IBM and Motorola reacted to massive bad media attention and guaranteed to prevent full manufacturing by 2000.

Non-compliance treatments had been made more user friendly no sanction for non-compliance was started against a nation that was failing woefully to reach quotas while acting in good faith. Tech transfer was produced in a “reasonable and favorable way”, with created nations taking the lead in assisting developing nations get to conformity. (56) The U.S. instituted “ozone depletion taxes” which did much to get more extensive conformity, as well as advertising research into CFC options. (57) To stress the vast enforcement mechanisms employed, consider that by early 1998 the U.S. Justice Department had prosecuted 62 people and 7 corporations for the unlawful smuggling to the emergent CFC black colored areas. Despite an international crackdown because of the FBI, EPA, CIA, and Interpol into the global police effort Operation Breeze, 5 to 10 thousand tons tend to be smuggled yearly into Miami alone, 2nd and then cocaine smuggling. (58) In 1992 the Copenhagen Amendments needed every State party (practically depends upon) to institute “procedures and institutional mechanisms” to find out non-compliance and enforcement. (59)


The important weaknesses regarding the current system include self-serving pronouncements by non-complying says, lack of efficient enforcement mechanisms, governmental limitations such State sovereignty therefore the “margin of appreciation”, therefore the lack of universal opinion on basic human liberties terminology and their enforcement. As long as says can ignore commonplace violations of individual liberties (sporadic instances of torture, periodic “disappearances”) and shun the edicts of individual liberties judicial decisions, there can be no efficient system of worldwide individual liberties enforcement. At this time, unless circumstances commits such extravagant acts on a mass scale that affects globe comfort, such in Yugoslavia and Rwanda, it may often avoid its obligations under worldwide individual liberties treaties.

There are couple of worldwide agreements that admit of universal jurisdiction with regards to their infraction by any State in the world. All CIL, but is by its really nature prosecutable under universal jurisdiction. “Crimes against humanity” (e.g., War Crimes, genocide, and State-supported torture) tend to be universally held is under universal jurisdiction, typically into the Global Court of Justice, random war crime tribunals, therefore the brand new Global Criminal Court.

While interpretive spaces exist, it isn’t inconceivable that the to a healthy environment are extrapolated from existing worldwide environmental treaties and CIL. On pact level, the security regarding the environment appears to be of vital relevance toward worldwide neighborhood. On degree of CIL, there is certainly much proof that the to a healthy environment has already been an internationally protected right, at least as far as trans-boundary air pollution is worried. In any case, it seems is universally held it should always be protected as a right. The impression usually there is certainly an unmistakable opinion inside regard. “smooth legislation” over time becomes CIL.

The U.N. World Commission on Environment and developing circulated the Earth Charter in 1987. It’s yet is completely implemented on an international scale. Its wide themes include value and care for the environment, environmental integrity, personal and economic justice and democracy, nonviolence and comfort. (60) The argument are made that at this point, security regarding the environment has now reached the threshold of Customary Global Law. Perhaps the countries of the world choose to thereafter recognize the ability to a healthy environment as a jus cogens individual right will depend on the near universal opinion and governmental might on most regarding the countries of the world. Until after that, as long as individual life is still damaged by “human liberties ratifying” countries, how much enforcement is going to be employed against violators of environmental regulations if the to a healthy environment just isn’t upheld as a basic human right continues to be to be noticed. It takes the cooperation of all of the countries to ensure that this becomes a non-derogable, unalienable right and recognizing it as essential to the Right to lifetime.

1. Restatement (Third) regarding the Foreign Relations Law regarding the united states of america, § 102 cmt. k (1987).
The elements may also be based in the Vienna Convention, Article 53.
2. For instance, the Right to lifetime, is Free from Torture, Genocide, and Murder.
3. R(3d)FRLUS § 102(l)(a) and cmt. h.
4. Id., § 702 (my focus).
5. Mark W. Janis, An Introduction to Global Law 6 (3d. ed, Aspen Law & Business 1999).
6. R3dFRLUS § 102(2).
7. Janis, supra.
8. David Hunter, et al., Global ecological Law and plan, p. 306 (2d. ed., Foundation Press 2002).
9. Paul Szasz, Global Norm Making, in Edith Brown Weiss, Ed., ECOLOGICAL IMPROVEMENT IN GLOBAL LAW (1995), as quoted in Id, p. 307.
10. Id.
11. Id.
12. Id.
13. R3dFRLUS § 102(l)(c), as presented in Donoho, supra.
14. Supra, R3dFRLUS §102(4).
15. Shabtai Rosenne, practise and Methods of Global Law 69 (1984), as quoted in Hunter, Id, p. 317.
16. Hunter, supra, p. 316 (Foundation Press 2002).
17. Id, p. 316.
18. Janis, supra, p. 29.
19. Id, p. 312.
20. Jonathan Charney, Universal Global Law, 87 Am.J.Int’l.L. 529, at 543-48 (1993), as quoted in Hunter, supra, p. 322.
21. Id.
22. Gunther Handl, The Legal Mandate of Multilateral developing Banks as Agents for Change Toward lasting developing, 92 Am.J.Int’l.L. 642, at 660-62 (1998), as quoted in Hunter, supra, p. 324.
23. Daniel Bodansky, Customary (and never Therefore Customary) Global Environmental Law, 3 Ind. J. International Legal Stud. 105, 110-119 (1995), as quoted in Hunter, Id.
24. Id.
25. Id, p. 659.
26. Amedeo Postiglione, The Global ecological Crisis: the necessity for and Global Court regarding the Environment, ICEF GLOBAL REPORT at 33-36 (1996), quoted in Hunter, supra, p. 495.
27. Id., p. 496.
28. Id.
29. Id, p. 1298.
30. Id, p. 1299.
31. L. Henkin, “The Human Rights Idea”, age Rights (reprinted in Henkin, et al., Human Rights, 1999), as presented in Donoho, supra, p. 14-16.
32. Id.
33. Id.
34. The ability to Life, p. 310 (The Hague, 1983), quoted in Hunter, supra, p. 1297.
35. Hunter, supra, p. 341.
36. Id, p. 1299.
37. Id, p. 1294.
38. Id, p. 1295.
39. Ebony’s Law Dictionary, p. 864. (West 1999).
40. Hunter, supra, p. 339-341.
41. Id, footnotes 1 through 6, pp. 341-342.
42. Id, pp. 317-318.
43. Id, p. 345.
44. Id, p. 342.
45. Id, p. 315.
46. Id, p. 344.
47. Particularly, see pages 35, 38, 159, 162, 177-199 and 221 (Scribner 1997).
48. New York Law Journal, January 1993, Friday, ECOLOGICAL LAW, p. 3. See also, DISCUSSION: REFLECTIONS ON ECOLOGICAL JUSTICE, 65 Alb. L. Rev. 357, 2001.
49. Hunter, supra, p. 526.
50. Id, p. 527, quoting Richard Benedick, Ozone Diplomacy 2 (1998)
51. Id, p. 532.
52. Id, p. 535.
53. Id, p. 542.
54. Id, p. 545.
55. Id.
56. Id, p. 550-54.
57. Id, p. 562.
58. Id, p. 559.
59. Id, p. 566-67.
60. Roland Huber, Global ecological Law Seminar: Human Rights therefore the Environment, p. 24, in Donoho, Douglas L., GLOBAL HUMAN RIGHTS (printed because of the Shepard Brad Law Center, Nova Southeastern University, 2002).