Environmental law is the law of environmental problems. It is a subject that can be traced back to ancient civilizations but has primarily developed since the 1960s as a response to democratic demands to deal with environmental degradation. It is a vast subject covering a range of topics, and what the boundaries of the subject are is often open to debate. For non-lawyers reading environmental-law scholarship and material, there are six important points to keep in mind. First, the subject is jurisdiction based. Any inquiry into environmental law needs to be accompanied with an understanding of the legal system that the inquiry relates to. The environmental law of the United States is distinct from the environmental law of Thailand and even from the environmental law of Canada. There is a large body of international environmental law, but given the nature of international law, it does not legally bind in the way national law does, and it does not exist in an automatic hierarchy with national law. Second, environmental law is \u201capplied law\u201d and thus often involves the application of basic legal concepts to environmental problems. Environmental law in most jurisdictions is primarily made up of legislation, and thus knowing about the legal principles of legislation is important. The role of the courts will also be important in adjudicating on legal disputes. Third, there are common themes across all jurisdictions (e.g., Environmental Law and Tragedies of the Commons and the respective roles of Science and Environmental Law and Public Participation and Access to Justice) and common legal techniques (e.g., Environmental Principles and Regulatory Strategies and Environmental Governance) and legal processes (e.g., the Role of Courts and regulatory Enforcement). It is these common themes that are often the focus of scholarly attention and debate. This article has been structured with this in mind. Research within the field will be more successful if questions are as focused as they can be in relation to themes and jurisdictions. Fourth, this is a fast-moving area of law, and the environmental-law regime of a jurisdiction can change quickly. The law of a decade ago may not be the law now. Fifth, given the social and environmental complexity of environmental problems, the subject is heavily influenced by writings from other disciplines, particularly writings that relate to environmental problems and how a state should respond to them. Sixth, there is no obvious \u201ccanon\u201d of environmental-law scholarship due to the jurisdiction-based, fast-paced, and diverse nature of the subject.<\/p>","DOI":"10.1093\/obo\/9780199363445-0089","type":"reference-entry","created":{"date-parts":[[2018,1,11]],"date-time":"2018-01-11T08:57:22Z","timestamp":1515661042000},"source":"Crossref","is-referenced-by-count":1,"title":["Environmental Law"],"prefix":"10.1093","author":[{"given":"Liz","family":"Fisher","sequence":"first","affiliation":[]}],"member":"286","published-online":{"date-parts":[[2018,1,11]]},"container-title":["Environmental Science"],"original-title":["Environmental Law"],"language":"en","deposited":{"date-parts":[[2021,9,23]],"date-time":"2021-09-23T19:24:42Z","timestamp":1632425082000},"score":16.403233,"resource":{"primary":{"URL":"https:\/\/oxfordbibliographies.com\/view\/document\/obo-9780199363445\/obo-9780199363445-0089.xml"}},"issued":{"date-parts":[[2018,1,11]]},"ISBN":["9780199363445"],"references-count":0,"URL":"https:\/\/doi.org\/10.1093\/obo\/9780199363445-0089","published":{"date-parts":[[2018,1,11]]}},{"indexed":{"date-parts":[[2024,5,2]],"date-time":"2024-05-02T21:59:24Z","timestamp":1714687164729},"reference-count":0,"publisher":"Oxford University Press","isbn-type":[{"value":"9780199796953","type":"electronic"}],"content-domain":{"domain":[],"crossmark-restriction":false},"abstract":"
International environmental law encompasses the legal norms and processes that address transboundary, regional, or global environmental issues. International environmental concerns generally result from human impacts on the natural environment, such as pollution or resource use related to production or consumption processes. Environmental problems pose at least five distinctive challenges for international law. First, because they typically result from private activities (Nonstate Actors) rather than from government action, international environmental law must either engage these actors directly or, as has been the predominant approach to date, prompt states to regulate private actors under their jurisdictions. Second, because international environmental problems, or scientific understanding of them, tend to evolve rapidly and sometimes unexpectedly, international environmental law often operates under conditions of uncertainty and must be adaptable to changing needs or knowledge. Third, international environmental law must deal with multiple interconnections. International environmental problems, by definition, not only transcend jurisdictional boundaries, but they also implicate social, political, and economic processes, as has come to be expressed through the concept of sustainable development (Sustainable Development). Moreover, because many international environmental problems are intertwined with one another, action or inaction on one issue implicates one or more other issues. Fourth, many international environmental issues, and virtually all global environmental concerns, require cooperation between industrialized and developing countries (History and Evolution), raising complex and highly charged questions of equity and capacity (Common but Differentiated Responsibilities). Finally, international environmental problems frequently require not only the balancing of potentially competing contemporary interests and priorities, but also have significant implications for future generations of humanity (Intergenerational Equity). The evolution of international environmental law has been shaped by these closely intertwined challenges (History and Evolution). Customary or soft law principles (Key Principles) have emerged that reflect the various dimensions sketched above. Perhaps in recognition of the fact that environmental problem-solving requires cooperation rather than confrontation, the primary role of these principles has been to help frame the negotiation and operation of international environmental agreements (Multilateral Environmental Agreements) and the activities of international institutions (International Environmental Institutions). Indeed, the bulk of international environmental lawmaking, implementation, and compliance control (Compliance Mechanisms) occurs today under the auspices of the hundreds of environmental agreements that are now in existence. International courts and tribunals (Courts and Tribunals) have played only a relatively small role in the application of customary or treaty law to environmental issues in the course of dispute settlement. Similarly, the law of state responsibility has found only limited application in the environmental context and states have preferred to negotiate civil liability regimes to address specific risks, such as those posed by oil pollution or nuclear energy production (Responsibility and Liability). This article focuses on the major structural elements and key characteristics of international environmental law rather than on developments in the various substantive issue areas.<\/p>","DOI":"10.1093\/obo\/9780199796953-0052","type":"reference-entry","created":{"date-parts":[[2013,6,12]],"date-time":"2013-06-12T17:03:18Z","timestamp":1371056598000},"source":"Crossref","is-referenced-by-count":0,"title":["International Environmental Law"],"prefix":"10.1093","author":[{"given":"Jutta","family":"Brunn\u00e9e","sequence":"first","affiliation":[]}],"member":"286","published-online":{"date-parts":[[2013,4,22]]},"container-title":["International Law"],"original-title":["International Environmental Law"],"language":"en","deposited":{"date-parts":[[2021,9,23]],"date-time":"2021-09-23T19:31:49Z","timestamp":1632425509000},"score":16.255793,"resource":{"primary":{"URL":"https:\/\/oxfordbibliographies.com\/view\/document\/obo-9780199796953\/obo-9780199796953-0052.xml"}},"issued":{"date-parts":[[2013,4,22]]},"ISBN":["9780199796953"],"references-count":0,"URL":"https:\/\/doi.org\/10.1093\/obo\/9780199796953-0052","published":{"date-parts":[[2013,4,22]]}},{"indexed":{"date-parts":[[2023,9,21]],"date-time":"2023-09-21T05:36:49Z","timestamp":1695274609615},"reference-count":0,"publisher":"Edward Elgar Publishing","isbn-type":[{"value":"9781783476985","type":"print"}],"content-domain":{"domain":[],"crossmark-restriction":false},"published-print":{"date-parts":[[2021,12,31]]},"abstract":" This chapter describes the development, scope, and application of international environmental law, which has expanded significantly since the late 1960s. The focus is on international treaties relating to environmental protection. The chapter is restricted to discussing public, rather than private, international law\u2014that is, the law between states, rather than the conflict of legal systems. International law has often been regarded as something rather closer to international relations due to the fact that there is no single body with the power to make and enforce law against states, companies, or individuals effectively. In the UK, international law does not necessarily have a direct impact on domestic law or on individuals. Treaties need to be given effect to through national legislation and are concerned with the action of states, not individuals within states\u2014with some notable exceptions, such as the law on war crimes.<\/p>","DOI":"10.1093\/he\/9780198748328.003.0005","type":"book-chapter","created":{"date-parts":[[2017,8,31]],"date-time":"2017-08-31T11:16:05Z","timestamp":1504178165000},"source":"Crossref","is-referenced-by-count":0,"title":["5. International law and environmental protection"],"prefix":"10.1093","author":[{"given":"Stuart","family":"Bell","sequence":"first","affiliation":[]},{"given":"Donald","family":"McGillivray","sequence":"additional","affiliation":[]},{"given":"Ole W.","family":"Pedersen","sequence":"additional","affiliation":[]},{"given":"Emma","family":"Lees","sequence":"additional","affiliation":[]},{"given":"Elen","family":"Stokes","sequence":"additional","affiliation":[]}],"member":"286","published-online":{"date-parts":[[2017,9]]},"container-title":["Environmental Law"],"original-title":["5. International law and environmental protection"],"language":"en","link":[{"URL":"https:\/\/www.oxfordlawtrove.com\/view\/10.1093\/he\/9780198748328.001.0001\/he-9780198748328-chapter-5?print=pdf","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2022,7,6]],"date-time":"2022-07-06T02:15:05Z","timestamp":1657073705000},"score":15.836433,"resource":{"primary":{"URL":"http:\/\/www.oxfordlawtrove.com\/view\/10.1093\/he\/9780198748328.001.0001\/he-9780198748328-chapter-5"}},"issued":{"date-parts":[[2017,6,1]]},"ISBN":["9780198748328","9780191811043"],"references-count":0,"URL":"https:\/\/doi.org\/10.1093\/he\/9780198748328.003.0005","published":{"date-parts":[[2017,6,1]]}},{"indexed":{"date-parts":[[2024,5,8]],"date-time":"2024-05-08T00:37:33Z","timestamp":1715128653828},"reference-count":0,"publisher":"Oxford University Press","isbn-type":[{"value":"9780198748328","type":"print"},{"value":"9780191811043","type":"electronic"}],"content-domain":{"domain":[],"crossmark-restriction":false},"published-print":{"date-parts":[[2017,6,1]]},"abstract":" This chapter focuses on the torts\u2014or civil wrongs\u2014traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law - nature conservation, water, and climate change . This is with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law.<\/p>","DOI":"10.1093\/he\/9780198789130.003.0022","type":"book-chapter","created":{"date-parts":[[2017,8,31]],"date-time":"2017-08-31T13:09:11Z","timestamp":1504184951000},"source":"Crossref","is-referenced-by-count":0,"title":["22. 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Environmental law"],"language":"en","link":[{"URL":"https:\/\/www.oxfordlawtrove.com\/view\/10.1093\/he\/9780198789130.001.0001\/he-9780198789130-chapter-22?print=pdf","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2022,7,5]],"date-time":"2022-07-05T21:45:52Z","timestamp":1657057552000},"score":15.822817,"resource":{"primary":{"URL":"http:\/\/www.oxfordlawtrove.com\/view\/10.1093\/he\/9780198789130.001.0001\/he-9780198789130-chapter-22"}},"issued":{"date-parts":[[2017,7,27]]},"ISBN":["9780198789130","9780191831096"],"references-count":0,"URL":"https:\/\/doi.org\/10.1093\/he\/9780198789130.003.0022","published":{"date-parts":[[2017,7,27]]}},{"indexed":{"date-parts":[[2024,11,9]],"date-time":"2024-11-09T05:17:01Z","timestamp":1731129421183,"version":"3.28.0"},"reference-count":0,"publisher":"SAGE Publications","issue":"2","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["Environmental Policy and Law"],"published-print":{"date-parts":[[1983,4]]},"DOI":"10.1016\/s0378-777x(83)80169-3","type":"journal-article","created":{"date-parts":[[2006,9,12]],"date-time":"2006-09-12T12:07:19Z","timestamp":1158062839000},"page":"74-75","source":"Crossref","is-referenced-by-count":1,"title":["Environmental protection law"],"prefix":"10.1177","volume":"10","member":"179","container-title":["Environmental Policy and Law"],"language":"en","link":[{"URL":"http:\/\/api.elsevier.com\/content\/article\/PII:S0378777X83801693?httpAccept=text\/xml","content-type":"text\/xml","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/api.elsevier.com\/content\/article\/PII:S0378777X83801693?httpAccept=text\/plain","content-type":"text\/plain","content-version":"vor","intended-application":"text-mining"}],"deposited":{"date-parts":[[2024,11,8]],"date-time":"2024-11-08T16:45:09Z","timestamp":1731084309000},"score":15.818035,"resource":{"primary":{"URL":"http:\/\/linkinghub.elsevier.com\/retrieve\/pii\/S0378777X83801693"}},"issued":{"date-parts":[[1983,4]]},"references-count":0,"journal-issue":{"issue":"2","published-print":{"date-parts":[[1983,4]]}},"alternative-id":["S0378777X83801693"],"URL":"https:\/\/doi.org\/10.1016\/s0378-777x(83)80169-3","ISSN":["0378-777X"],"issn-type":[{"type":"print","value":"0378-777X"}],"published":{"date-parts":[[1983,4]]}},{"indexed":{"date-parts":[[2024,5,8]],"date-time":"2024-05-08T00:49:21Z","timestamp":1715129361346},"reference-count":0,"publisher":"Oxford University Press","isbn-type":[{"value":"9780198753018","type":"print"},{"value":"9780191814624","type":"electronic"}],"content-domain":{"domain":[],"crossmark-restriction":false},"published-print":{"date-parts":[[2017,3,30]]},"abstract":" International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.<\/p>","DOI":"10.1093\/he\/9780198753018.003.0010","type":"book-chapter","created":{"date-parts":[[2017,8,31]],"date-time":"2017-08-31T11:17:04Z","timestamp":1504178224000},"source":"Crossref","is-referenced-by-count":0,"title":["10. 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