This chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture,... Show moreThis chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture, which assigns complementary roles to the Security Council, the General Assembly and the Economic and Social Council, based on each organ's respective function within the UN system. The chapter then turns to the practice of the Security Council with respect to 'conflict resources' on the one hand and environmental degradation more broadly on the other. This analysis demonstrates major differences in the substantive contributions by the Security Council with respect to 'conflict resources' on the one hand and to climate change and other ecological threats on the other. It argues that the institutional division of responsibilities between the three main UN organs provides a powerful rationale for explaining these differences. Show less
International environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states.... Show moreInternational environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states. However, tensions between national interests and the common interests of the states sharing natural resources can make it difficult for states to cooperate. Meanwhile, the sustainable management of the resource in question and the human rights of the populations involved can be affected. This dissertation examines principles of international law applicable to the governance of resources that are significant to the world’s population, that have the potential to be a source of conflict, and whose governance presents problematic aspects. The selected principles are sovereignty, community of interests, common concern of humankind, public participation and sustainable development. The first two chapters focus on transboundary freshwater resources, underground and surface waters respectively. Chapter 3 and Chapter 4 focus on the atmosphere, addressing atmospheric degradation and climate change respectively. Chapter 5 focuses on marine resources beyond national jurisdiction or ‘ocean global commons’. Each chapter identifies problems concerning the selected principles and their application to shared resource governance, puts forward original and cogent arguments to address said problems, and suggests ways in which the principles could contribute to the sustainable governance of shared natural resources. Show less
Environmental degradation in combination with other factors, can lead to forced migration. This multi-causal and complex phenomenon is hard to capture under international law. The protection of... Show moreEnvironmental degradation in combination with other factors, can lead to forced migration. This multi-causal and complex phenomenon is hard to capture under international law. The protection of environmental refugees can be approached as a human rights, security and State responsibility issue. Each approach provides different legal protection regimes, which addresses different actors. The approaches also cover different periods in time and address different types of environmental refugees. In this thesis, current legal regimes are interpreted in the context of environmentally forced migration. Also new protection possibilities are identified through the combined application of international law regimes. Show less
Looking for a global and corrective measure to reduce greenhouse gas emissions from international civil aviation has been facing legal obstacles. These obstacles took the form of conflicts of... Show moreLooking for a global and corrective measure to reduce greenhouse gas emissions from international civil aviation has been facing legal obstacles. These obstacles took the form of conflicts of norms linked to the general challenge of the interactions between international aviation law, climate change law and the law of the European Union. Using evolutionary interpretation of the Chicago Convention in order to reconcile norms of substantive and institutional nature emerged as the best solution. However, this method perpetuates legal uncertainty and poses the general challenge of flexibly and elasticity of the Chicago Convention in response to the climate change challenge. This study examines the above mentioned issues of interactions between legal orders and provides recommendations to restore legal certainty needed to ensure sustainable development of international civil aviation. More specifically, this study reveals the underestimated relevance of the ongoing distinction between the legal regimes of air navigation and international air transport, which is a key legal element in the search for a global and corrective solution to the impact of international civil aviation on climate change. Show less
