Environmental Engineering Reference
In-Depth Information
5
Anyone who studies international environmental law must give considera-
tion to its special characteristics. In 1994, Professor Martti Koskenniemi
wrote an insightful article in which he questioned whether it is ethically
acceptable and strategically wise to read environmental protection values into
international law. His article inspired me to contemplate what I was doing as
a researcher. Is it not a legal scholar's task to consider the benefi t of society
as a whole, not just to promote the prioritization of a particular value - in
this case environmental protection? Is it strategically reasonable to claim that
international law is already quite green, when the same system encourages
business activities and promotes the development of free trade law? These
remain important questions. If a legal scholar is already familiar with
environmental law, is it not his or her duty to criticize the existing system
instead of just defending it? Is it not a scholar's duty to understand the reality
of international environmental law as part of the broader context of interna-
tional law and politics?
In 2011, I taught international environmental law as a Visiting Professor at
the University of New South Wales in Sydney. I came to know a professor
from the United States, who was a specialist in international trade law.
In his outspoken way, he stated that he did not even consider international
environmental law to be a branch of international law at all, because of its
fragmentation. To some extent I had to agree with his view.
International environmental law is essentially an umbrella concept that
includes various normative developments related to the usage of the environ-
ment and especially its protection. It is clear that international environmental
law does not form a coherent branch of law which could, analogously to free
trade law, provide governments with clear rules to observe in their environ-
mental policies. On the other hand, international environmental law can be
considered a distinct branch of international law, since it has developed its own
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