Understanding the Principles of International Environmental Law and Their Reflections in International Environmental Treaties and Non-Binding Soft Law Instruments

Abstract

There are several principles that are at the heart of the bulk of most environmental protection structures at the international level. These principles are universal in make-up and have far-reaching support and are commonly allowed in state practice. They are universal in the sense that they are possibly applicable to all members of the global society across the scope of projects which they execute or approve and with regard to the protection of every aspects of the environment. Some of these principles might reflect customary law, others may reflect emerging legal obligations, and yet others might have an even less developed legal status. An understanding of these principles which might reflect customary law or emerging legal obligations can give insight into the rationale and drive of the diverse legal systems that have been built upon them. The aim of this article, which adopted the doctrinal research methodology, is to examine the main principles of international environmental law and their reflections in international environmental treaties and non-binding soft law instruments. To achieve its aim, this article discusses the principles of international environmental law (IEL) under the focal areas of the principles of IEL expressing the idea of prevention, principles of IEL expressing the idea of balance and fairness, principles of IEL expressing the idea of cooperation and public participation, principles of IEL expressing the idea of common heritage/concern and shared benefits. The article further examines the international environmental treaties reflecting the principles of IEL.