Overcoming bilateralism: towards public obligations in international environmental law
Promovendus: Mw. S. Thin
Promotores: J. Vidmar, B. Vanheusden
Duur: 1/10/2018 - 30/9/2022
The legal protection of the global environment has long been hindered by the traditionally bilateralist nature of international law and enforcement. Environmental concerns transcend state boundaries and state interests, and are therefore poorly protected by a system of purely interstate, inter-subjective obligations and enforcement. This research seeks to overcome these problems by establishing a framework for the recognition of non-bilateral obligations in international environmental law. It argues that international law has now recognised such a category of public-style, objective obligations, before addressing how these obligations function and their position in the context of environmental protection.