Philippe Sands QC
Legal and international frame work, governance, regulation, compliance, human rights and armed conflict, climate change, pollution, Aarhus Convention, access to information, dispute resolution
This book is a comprehensive overview of the principles of international environmental law and includes a chapter on human rights and armed conflict whilst including other subjects that link the two fields. A number of themes or trends relating to the general development of international law have been carefully threaded throughout the book. The newly inserted Chapter on Human Rights and Armed Conflict, highlights amongst other things, a growing willingness to identify violations of ‘environmental’ rights, with reference in particular to recent important decisions of the European Court of Human Rights. Similarly, the new chapter on Foreign Investment has been inserted to take account of the fact that ‘[f]oreign direct investment is now the largest source of external finance for developing countries’ (p.1056). There is accordingly an increased need to consider the relationship between the protection of investment and the protection of the environment. In tandem with this, Sands emphasises the growing relevance of public international law to the business community in general. A further interrelated issue is the increasing encouragement of non-state actors to be involved in international environmental law and to engage in private enforcement, for which the 1998 Aarhus Convention is of special significance. Sands effectively illustrates the growing fora for resolution of international disputes and the improved readiness of States to submit issues concerning environmental law to international courts or arbitrators and to import international environmental law principles into domestic systems. Indeed, with the escalating number of multilateral environmental instruments touching on the same subject areas, he notes that parties are often being faced with a choice between dispute resolution procedures.
Phillipe Sands, Principles of international environmental law, (Cambridge University Press, 2003 New York)