skip to Main Content

International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements

Kim, Rakhyun E, Klaus Bosselmann. 2013. International Environmental Law in the Anthropocene: Towards a Purposive System of Multilateral Environmental Agreements. Transnational Environmental Law, 2: 285-309.

Abstract

Our point of analytical departure is that the state of the global environment is deteriorating despite the accumulating body of international environmental law. By drawing on the recent Earth system science concept of interlinked planetary boundaries, this article makes a case for a goal-oriented, purposive system of multilateral environmental agreements. The notion of ‘goal’ is used here to mean a single, legally binding, superior norm – agrundnorm – that gives all international regimes and organizations a shared purpose to which their specific objectives must contribute. A bird’s eye view of the international environmental law system reveals how the absence of a unifying goal has created a condition that is conducive to environmental problem shifting rather than problem solving. We argue that a clearly agreed goal would provide the legal system with a point of reference for legal reasoning and interpretation, thereby enhancing institutional coherence across Earth’s subsystems. To this end, this article concludes by observing that the protection of the integrity of Earth’s life-support system has emerged as a common denominator among international environmental law instruments. Accordingly, we suggest that this notion is a strong candidate for the overarching goal of international environmental law.

Recent publications

Assessing the effectiveness of orchestrated climate action from five years of summits
Five years of climate action and summitry have taught us valuable lessons. Orchestrators of climate action can positively influence performance by setting minimum requirements for credibility and robustness among the initiatives they engage.
Transforming Biodiversity Governance
Edited by Ingrid J. Visseren-Hamakers, Radboud Universiteit Nijmegen, Marcel T. J. Kok, PBL Netherlands Environmental Assessment Agency
2021 Annual Report
The Earth System Governance Project seeks to mobilise and advance scholarship at the interface between global environmental change and governance. Discover how by learning more about the project in this summary of 2021!