Is The New York Stock Exchange Open On Black Friday International Law And The Right To A Healthy Environment As A Jus Cogens Human Right

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International Law And The Right To A Healthy Environment As A Jus Cogens Human Right


To date, conventional world legislation does now not believe human environmental rights to a blank and wholesome surroundings to be a jus cogens human proper. Jus cogens (“compelling law”) refers to preemptory prison ideas and norms which might be binding on all world States, irrespective of their consent. They are non-derogable within the sense that States can not make a reservation to a treaty or make home or world regulations which might be in struggle with any world settlement that they have got ratified and thus to which they’re a birthday celebration. They “prevail over and invalidate international agreements and other rules of international law in conflict with them… [and are] subject to modification only by a subsequent norm… having the same character.” (1) Thus, they’re the axiomatic and universally approved prison norms that bind all international locations below jus gentium (legislation of countries). For instance, some U.N. Charter provisions and conventions in opposition to slavery or torture are regarded as jus cogens regulations of world legislation which might be nonderogable by way of events to any world conference.

While the world prison machine has developed to embody or even codify fundamental, non-derogable human rights (2), the evolution of environmental prison regimes have now not complicated as a ways. While the previous have discovered a spot on the best stage of universally identified prison rights, the latter have handiest just lately and over a lot opposition, reached a modest stage of popularity as a legally regulated task throughout the economics and politics of sustainable building.

1. The world prison neighborhood acknowledges the similar assets of world legislation as does the United States’ prison machine. The 3 assets of world legislation are said and outlined within the Restatement (Third) of the Foreign Relations Law of the United States (R3dFRLUS), Section 102. The first supply is Customary International Law (CIL), outlined because the “general and consistent practice of states followed out of a sense of legal obligation” (3) (opinio juris sive necessitatus), reasonably than out of ethical legal responsibility. Furthermore, CIL is violated on every occasion a State, “as a matter of state policy,… practices, encourages or condones (a) genocide, (b) slavery… (c) the murder or causing the disappearance of individuals, (d) torture or other cruel, inhuman or degrading treatment… or (g) a consistent pattern of gross violations of internationally recognized human rights.” (4) To what extent such human rights want to be “internationally recognized” isn’t transparent, however indisputably a majority of the sector’s international locations will have to acknowledge such rights earlier than a “consistent pattern of gross violations” leads to a contravention of CIL. CIL is comparable to “course of dealing” or “usage of trade” within the home industrial prison machine.

Evidence of CIL contains “constitutional, legislative, and executive promulgations of states, proclamations, judicial decisions, arbitral awards, writings of specialists on international law, international agreements, and resolutions and recommendations of international conferences and organizations.” (5) It follows that such proof is enough to make “internationally recognized human rights” safe below universally identified world legislation. Thus, CIL will also be created by way of the overall proliferation of the prison acknowledgment (opinio juris) and movements of States of what precisely constitutes “internationally recognized human rights.”

2. The subsequent stage of binding world legislation is that of world agreements (treaties), or Conventional International Law. Just as jus cogens rights and regulations of legislation, in addition to CIL, are number one and universally binding prison precepts, so do world treaties shape binding world legislation for the Party Members that experience ratified that treaty. The similar method that some States’ home constitutional legislation announces the elemental human rights of every State’s voters, so do world treaties create binding legislation in regards to the rights delineated therein, in step with the normal world jus gentium theory of pacta sunt servanda (agreements are to be revered). Treaties are in flip internalized by way of the home prison machine as an issue of legislation. Thus, for instance, the U.N Charter’s provision in opposition to the usage of power is binding world legislation on all States and it, in flip, is binding legislation within the United States, for instance, and on its voters. (6) Treaties are analogous to “contracts” within the home prison machine.

Evidence of Conventional International Law contains treaties, in fact, in addition to similar subject matter, interpreted below the standard canons of development of depending at the textual content itself and the phrases’ atypical meanings. (7) Often, standard legislation needs to be interpreted throughout the context of CIL. (8) As a realistic subject, treaties are incessantly changed by way of amendments, protocols and (most often technical) annexes. Mechanisms exist for “circumventing strict application of consent” by way of the birthday celebration states. Generally, those mechanisms come with “framework or umbrella conventions that merely state general obligations and establish the machinery for further norm-formulating devices… individual protocols establishing particular substantive obligations… [and] technical annexes.” (9) Most of those new tools “do no require ratification but enter into force in some simplified way.” (10) For instance, they’ll require handiest signatures, or they input into power for all unique events when a minimal selection of States ratify the amendment or except a minimal selection of States object inside of a definite time period, or is going into power for all excluding those who object. (11) Depending at the treaty itself, as soon as fundamental consensus is reached, it isn’t important for all to consent to sure changes for them to enter impact. “[I]n a sense these are instances of an IGO [(international governmental organization)] organ ‘legislating’ directly for [S]tates.” (12)

3. Finally, regulations of world legislation also are derived from common General Principles of Law “common to the major legal systems of the world.” (13) These “general principles of law” are ideas of legislation as such, now not of world legislation consistent with se. While many believe those common ideas to be a secondary supply of world legislation that “may be invoked as supplementary rules… where appropriate” (14), some believe them on an “footing of formal equality with the two positivist elements of custom and treaty”. (15) Examples are the foundations of res judicata, fairness, justice, and estoppel. Frequently, those regulations are inferred by way of “analogy to domestic law concerning rules of procedure, evidence and jurisdiction.” (16) However, “while shared concepts of of internal law can be used as a fall-back, there are sever limits because of the characteristic differences between international law and internal law.” (17) Evidence of General Principles of Law contains “municipal laws, doctrine and judicial decisions.” (18)

Treaty provisions and their inherent duties can create binding CIL if they’re “of a fundamentally norm-creating character such as could be regarded as forming the basis of a general rule of law.” (19) A fundamental premise of this text is that the “relatively exclusive ways (of lawmaking) of the past are not suitable for contemporary circumstances.” (20) Jonathan Charney maintains that lately’s CIL is increasingly being created by way of consensual multilateral boards, versus State follow and opinio juris, and that “[consensus, defined as the lack of expressed objections to the rule by any participant, may often be sufficient… In theory, one clearly phrased and strongly endorsed declaration at a near-universal diplomatic forum could be sufficient to establish new international law.” (21) This process should be distinguished conceptually as “general international law”, rather than CIL, as the International Court of Justice (ICJ) has often done.

In like vein, Professor Gunther Handl argues that all multilateral environmental agreements (MEAs) of “global applicability” create “general international law”:

“A multilateral treaty that addresses fundamental concerns of the international community at large, and that as such is strongly supported by the vast majority of states, by international organizations and other transnational actors,– and this is, of course, precisely the case with the biodiversity, climate, and ozone regimes, among others-may indeed create expectations of general compliance, in short such a treaty may come to be seen as reflecting legal standards of general applicability… and as such must be deemed capable of creating rights and obligations both for third states and third organizations.” (22)

Notwithstanding, Daniel Bodansky argues that CIL is so rarely supported by State action, that it is not customary law at all. “International environmental norms reflect not how states regularly behave, but how states speak to each other.” (23) Calling such law “declarative law” that is part of a “myth system” representing the collective ideals and the “verbal practice” of States, he concludes that “our time and efforts would be better spent attempting to translate the general norms of international environmental relations into concrete treaties and actions.” (24)

However, a review of the current status of international human rights and environmental law may reveal the mechanisms for raising environmental rights to the level of jus cogens rights. For example, the U.N. Convention on the Law of the Seas (UNCLOS), whose negotiation was initiated in 1972 and signed in 1982, was considered by most countries to be CIL by the time it came into force in 1994. (25)

II. CURRENT STATUS OF THE RIGHT TO A HEALTHY ENVIRONMENT No State today will publicly state that it is within its sovereign rights to damage their domestic environment, much less that of the international community, however most States do not guarantee environmental protection as a basic human right. Currently, environmental law is composed of mostly Conventional International Law and some CIL. The former relies on express consent and the latter on implied consent, unless a State avails itself of the Persistent Objector principle, which precludes it from being bound by even most CIL. Unlike for human rights and international crimes, there is no general environmental rights court in existence today. While the Law of the Sea Tribunal and other U.N. forums (e.g., the ICJ) exist for trying cases of treaty violations, non-treaty specific violations have no international venue at present. Italian Supreme Court Justice Amedeo Postiglione states that

“[T]he human proper to the surroundings, will have to have, on the world stage, a particular organ of coverage for a elementary prison and political reason why: the surroundings isn’t a proper of States however of people and can’t be successfully safe by way of the International Court of Justice within the Hague since the predominantly financial pursuits of the States and present establishments are incessantly at loggerheads with the human proper to the surroundings.” (26)

Domestic treatments would need to be pursued first, in fact, however status can be granted to NGOs, folks, and States when such treatments proved futile or “the dispute raises issues of international importance.” (27) For instance, even if the ICJ has an “environmental chamber” and U.S. courts incessantly appoint “special masters” to maintain these kind of disputes, it’s transparent that the popularity of the human proper to the surroundings wishes a global courtroom of its personal to be able to acknowledge this type of proper and treatment world violations in an effective and equitable method. (28)

III. THE JUS COGENS NATURE OF ENVIRONMENTAL RIGHTS Irrespective of explicit treaty duties and home environmental regulation, do States, or the world neighborhood as an entire, have an obligation to take measures to forestall and safeguard in opposition to environmental hazards?

Human rights are “claims of entitlement” that rise up “as of right” (31) and are impartial of exterior justification; they’re “self evident” and elementary to any human being dwelling a dignified, wholesome and productive and rewarding existence. As Louis Henkin issues out:

“Human rights are not some abstract, inchoate ‘good’; they are defined, particular claims listed in international instruments such as the [U.N.’s] Universal Declaration of Human Rights and the major covenants and conventions. They are those benefits deemed essential for individual well-being [sic], dignity, and fulfillment, and that reflect a common sense of justice, fairness, and decency. [No longer are human rights regarded as grounded in or justified by utilitarianism,] natural law,… social contract, or any other political theory…[but] are derived from accepted principles, or are required by accepted ends-societal ends such as peace and justice; individual ends such as human dignity, happiness, fulfillment. [Like the fundamental rights guaranteed by the U.S. Constitution, these rights are] inalienable and imprescriptible; they cannot be transferred, forfeited, or waived; they cannot be lost by having been usurped, or by one’s failure to exercise or assert them.” (32)

Henkin distinguishes between “immunity claims” (similar to ‘the State can not do X to me’; the hallmark of the U.S. constitutional jurisprudential machine) and “resource claims” (similar to ‘I’ve a proper to Y’) such that the person has the precise to, for instance, loose speech, “food, housing, and other basic human needs.” (33) In lately’s “global village”, the Right to a Healthy Environment is obviously a “resource claim” and a fundamental human want that transcends nationwide obstacles.

According to R.G. Ramcharan, there may be “a strict duty… to take effective measures” by way of States and the world neighborhood as an entire to give protection to the surroundings from the prospective hazards of monetary building. (34) His place is that the Human Right to Life is a. jus cogens, non-derogable peremptory norm that by way of its very nature contains the precise to a blank surroundings. This responsibility is obviously spelled out in such multilateral treaties because the UN Convention on Desertification, the UN Framework Convention on Climate Change, and the Convention on Biological Diversity. (35) It is said within the Stockholm, Rio and Copenhagen Declarations as a core part of the primary of Sustainable Development. It paperwork the root of NAFTA’s, the WTO’s and the European Union’s financial building agreements, and the European Convention and the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by way of maximum international locations on the earth, together with the United States.

The Human Right to a Healthy Environment is explicitly contained within the Inter-American and African Charters, in addition to within the charter of over 50 international locations international. Whether it’s in line with treaties, CIL, or “basic principles”, the duty of the world neighborhood to the surroundings is lately obviously spelled out and enforceable thru world tribunals. For instance, the Lhaka Honhat Amid Curiae Brief identified the rights of the indigenous peoples of Argentina to “an environment that supports physical and spiritual well being and development.” (36) Similarly, in a separate resolution, the Inter-American Human Rights Commission upheld the precise of the Yanomani in Brazil to a wholesome and blank surroundings. (37) On an international stage, the UN Human Rights Committee has indicated that environmental harm is “a violation of the right to life contained in Article 6(1) of the [ICCPR]”. (38)

Thus, lately, the erga omnes legal responsibility of States to take efficient steps to safeguard the surroundings is an obligation that no State can shirk or forget about. If it does, it runs the danger of prosecution by way of world courts and having to institute measures commensurate with its duty to give protection to its proportion of the “global commons”. Interestingly, the idea that of jus cogens emerged after World War II as a reaction to the frequently held view that the sovereignty of States excused them from violating any of the then so-called CILs. According to Black’s Law Dictionary, “there is a close connection between jus cogens and the recognition of a ‘public order of the international community’… Without expressly using the notion of jus cogens, the [ICJ] implied its existence when it referred to obligations erga omnes in its judgment… in the Barcelona Traction Case.” (39)

IV. THIRD GENERATION HUMAN RIGHTS AND THE ENVIRONMENT Is environmental coverage is an erga omnes legal responsibility, this is, one owed to the world neighborhood as an entire as a jus cogens human proper?

In a separate opinion to the Case Concerning the Gebecikovo-Nagymaros Project (Hungary v. Slovakia), Judge Weeramantry, the Vice President of the ICJ, expounded at the prison foundation for sustainable building as a common theory of world legislation. In the method, he concludes that environmental coverage is a common erga omnes prison norm this is each CIL in addition to a common theory of legislation consistent with se. In Gebecikovo, ostensibly to were determined upon the deserves of the treaty governing the construction of energy vegetation alongside the Danube, in addition to by way of world normal legislation, the ICJ held that the precise to building will have to be balanced with the precise to environmental coverage by way of the primary of sustainable building. Even within the absence of a particular treaty provision, the idea that of sustainable building has develop into a prison theory this is “an integral principle of modem international law”. (40)

Sustainable building could also be identified in State follow, such because the Dublin Declaration by way of the European Council at the Environmental Imperative. (41) As such, sustainable building has in impact been raised to the extent of CIL.

For instance, the Martens Clause of the 1899 Hague Convention Respecting the Laws and Customs of War on Land has been interpreted in 1996 by way of Judge Shahabudeen of the ICJ as offering a prison foundation for inferring that common ideas upward thrust above customized and treaty, having their foundation in “principles of humanity and the dictates of public conscience”. (42) According to Weeramantry, “when a duty such as the duty to protect the environment is so well accepted that all citizens act upon it, that duty is part of the legal system in question… as general principles of law recognized by civilized of nations.” (43)

Sustainable building acts as a reconciling theory between financial building and environmental coverage. Just as financial building is an inalienable proper of States’ self-determination, environmental coverage is an erga omnes legal responsibility of all States for the good thing about the worldwide commons that every one proportion. “The principle of sustainable development is thus a part of modern international law by reason not only of its inescapable logical necessity, but also by reason of its wide and general acceptance by the global community”, and now not simply by creating international locations. (44)

Drawing upon the wealthy historical past of numerous cultures’ prison techniques and what he calls “living law”, Judge Weeramantry issues out that conventional appreciate for nature has been a guiding ethical and prison theory for financial building all over historical past. The ICJ has additionally identified those ideas in such earlier selections as Barcelona Traction, Light and Power Company, Ltd. (Belgium v. Spain) in 1972. (45) Judge Weeramantry concludes that the “ingrained values of any civilization are the source from which its legal concepts derive… [and that environmental protection is] among those pristine and universal values which command international recognition.” (46)

The first era of Human Rights have been the ones declared by way of the “soft law” of the Universal Declaration of Human Rights: “Everyone has the right to life liberty and security of person.” Art. 3. It used to be modeled at the U.S. Bill of Rights and the American Declaration of Independence. This used to be echoed within the binding ICCPR (“Every human being has the inherent right to life.”, ICCPR, Art. 6(1) (1966)), which the U.S. has ratified, and the American Convention on Political and Civil Rights of the Inter-American System (which pulls direct connections between human rights and environmental rights).

The 2d era of human rights emerged with the Economic, Social and Cultural (ECOSOC) Rights advanced in such treaties because the International Covenant on Economic, Social and Cultural Rights (ICESCR; which the U.S. has now not ratified), and plenty of overseas State’s Constitutions (e.g., Germany, Mexico, and Costa Rica). These come with the precise to loose number of paintings, to (most often loose) training, to leisure, recreational, and many others. Highly complied with in Europe, those rights have moreover been expanded by way of the EU of their European Social Charter (1961) developing a lot regulation for the safety of employees, girls, and youngsters.

The 3rd and present era of human rights has emerged from the Eco-Peace-Feminist Movement. These come with the Right to Development, the Right to A Safe Environment and the Right to Peace. In essence, this 3rd era of rights addresses the issue of poverty as a social (and therefore legally redressable) unwell that lies on the core of environmental issues and violations. The “environmental justice” motion considers circumstances that reveal that environmental air pollution is disproportionately prevalent in minority communities, whether or not at a neighborhood or world stage. Authors John Cronin & Robert F. Kennedy, Jr., have explicitly entitled their learn about of environmental air pollution alongside the Hudson River The Riverkeepers: Two Activists Fight to Reclaim Our Environment as a Basic Human Right. (47) This predominantly U.S. motion makes a speciality of “environmental racism” as a way for looking for treatments or the disproportionate air pollution of minority communities as violations of present civil rights regulation by way of “exploring] the use of the nations’ environmental laws to protect the rights of the poor.” (48)

V. RECOGNITION, COMMITMENT AND ENFORCEMENT OF A RIGHT: THE MONTREAL PROTOCOL AS A MODEL FOR CONSENSUS BUILDING The key mechanisms for organising binding world legislation are reputation of a duty or proper, dedication to its coverage, and efficient enforcement strategies. The Montreal Protocol on Substances that Deplete the Ozone Layer is the “most important precedent in international law for the management of global environmental harms.” (49) It serves as a fashion for plenty of different environmental considerations that require decision-making within the face of clinical uncertainty, international non-consensus, and top harm-avoidance prices. It used to be the primary world “precautionary” treaty to handle an international environmental worry when now not even “measurable evidence of environmental damage existed.” (50) Although ozone depletion by way of chloro-fluorocarbons (CFCs) and different ozone depleting ingredients (ODSs), and the attendant harms of overexposure to damaging ultraviolet radiation, were suspected by way of scientists within the early Nineteen Seventies, it used to be now not till 1985 and the Vienna Convention for the Protection of the Ozone Layer that world motion used to be taken to handle the issue.

THE VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER At the time of the Vienna Convention, the U.S. represented over 50% of the worldwide intake of CFCs in a $3 billion marketplace for aerosol propellants by myself. Overall, CFC merchandise represented a $20 billion marketplace and a few quarter of 1,000,000 jobs in America by myself. (51) The Clean Air Amendments of 1977 and the 1978 EPA ban on all “non-essential” makes use of of CFC in aerosol propellants used to be briefly adopted across the world by way of an identical bans by way of Sweden, Canada and Norway. (52) These movements have been an instantaneous reaction to shopper drive and marketplace calls for by way of newly environmentally-conscious customers.(53) Incentives have been additionally supplied to the creating international locations in order that they might “ramp up” at cheap ranges of discounts. (54)

Creative ratification incentives incorporated requiring handiest 11 of the highest two-thirds of CFC generating international locations to ratify and produce the treaty into power. (55) As a results of such flexibility, innovation, consensus and cooperation, the Montreal Protocol has been hailed as a significant luck in world international relations and world environmental legislation. Today virtually each and every country on the earth is a member (over 175 States).

THE LONDON ADJUSTMENTS AND AMENDMENTS OF 1990 By 1990 clinical affirmation of worldwide warming and the depletion of the ozone layer ended in the London Adjustments and Amendments. Again, U.S. corporations similar to Dupont, IBM and Motorola reacted to giant adverse media consideration and promised to halt entire manufacturing by way of 2000.

Non-compliance procedures have been made much more person pleasant and no sanction for non-compliance used to be initiated in opposition to a rustic that used to be failing to achieve quotas whilst appearing in just right religion. Technology switch used to be made in a “fair and favorable way”, with advanced international locations taking the lead in helping creating international locations succeed in compliance. (56) The U.S. instituted “ozone depletion taxes” which did a lot to get extra complete compliance, in addition to selling analysis into CFC possible choices. (57) To emphasize the huge enforcement mechanisms hired, believe that by way of early 1998 the U.S. Justice Department had prosecuted 62 folks and seven firms for the unlawful smuggling into the emergent CFC black markets. Despite a global crackdown by way of the FBI, EPA, CIA, and Interpol within the international police effort Operation Breeze, 5 to ten thousand lots are smuggled yearly into Miami by myself, 2d handiest to cocaine smuggling. (58) In 1992 the Copenhagen Amendments required each and every State birthday celebration (almost the entire international) to institute “procedures and institutional mechanisms” to decide non-compliance and enforcement. (59)


The important weaknesses of the prevailing machine come with self-serving pronouncements by way of non-complying States, loss of efficient enforcement mechanisms, political barriers similar to State sovereignty and the “margin of appreciation”, and the loss of common consensus on fundamental human rights terminology and their enforcement. As lengthy as States can forget about not unusual violations of human rights (sporadic circumstances of torture, occasional “disappearances”) and shun the edicts of human rights judicial selections, there will also be no efficient machine of world human rights enforcement. Currently, except a State commits such outrageous acts on a mass scale that has effects on international peace, similar to in Yugoslavia and Rwanda, it may incessantly evade its duties below world human rights treaties.

There are few world agreements that admit of common jurisdiction for his or her violation by way of any State on the earth. All CIL, alternatively, is by way of its very nature prosecutable below common jurisdiction. “Crimes against humanity” (e.g., War Crimes, genocide, and State-supported torture) are universally held to be below common jurisdiction, generally within the International Court of Justice, advert hoc struggle crime tribunals, and the brand new International Criminal Court.

While interpretive gaps exist, it isn’t impossible that the precise to a wholesome surroundings will also be extrapolated from present world environmental treaties and CIL. At the treaty stage, the safety of our surroundings seems to be of paramount significance to the world neighborhood. At the extent of CIL, there may be a lot proof that the precise to a wholesome surroundings is already an across the world safe proper, a minimum of so far as trans-boundary air pollution is worried. In any case, it kind of feels to be universally held that it must be safe for granted. The impact is that there’s an unmistakable consensus on this regard. “Soft law” over the years turns into CIL.

The U.N. World Commission on Environment and Development launched the Earth Charter in 1987. It has but to be absolutely applied on an international scale. Its vast topics come with appreciate and take care of the surroundings, ecological integrity, social and financial justice and democracy, nonviolence and peace. (60) The argument will also be made that by way of now, coverage of our surroundings has reached the edge of Customary International Law. Whether the international locations of the sector make a choice to thereafter acknowledge the precise to a wholesome surroundings as a jus cogens human proper relies on the close to common consensus and political will of many of the international locations of the sector. Until then, so long as human existence is still destroyed by way of “human rights ratifying” international locations, how a lot enforcement can be hired in opposition to violators of environmental regulations when the precise to a wholesome surroundings isn’t upheld as a fundamental human proper continues to be noticed. It will take the cooperation of all international locations to be sure that this turns into a non-derogable, unalienable proper and spotting it as crucial to the Right to Life.

1. Restatement (Third) of the Foreign Relations Law of the United States, § 102 cmt. ok (1987).

The components may also be discovered within the Vienna Convention, Article 53.

2. For instance, the Right to Life, to be Free from Torture, Genocide, and Murder.

3. R(3d)FRLUS § 102(l)(a) and cmt. h.

4. Id., § 702 (my emphasis).

5. Mark W. Janis, An Introduction to International Law 6 (3d. ed, Aspen Law & Business 1999).

6. R3dFRLUS § 102(2).

7. Janis, supra.

8. David Hunter, et al., International Environmental Law and Policy, p. 306 (2nd. ed., Foundation Press 2002).

9. Paul Szasz, International Norm Making, in Edith Brown Weiss, Ed., ENVIRONMENTAL CHANGE IN INTERNATIONAL LAW (1995), as quoted in Id, p. 307.

10. Id.

11. Id.

12. Id.

13. R3dFRLUS § 102(l)(c), as introduced in Donoho, supra.

14. Supra, R3dFRLUS §102(4).

15. Shabtai Rosenne, Practice and Methods of International Law 69 (1984), as quoted in Hunter, Id, p. 317.

16. Hunter, supra, p. 316 (Foundation Press 2002).

17. Id, p. 316.

18. Janis, supra, p. 29.

19. Id, p. 312.

20. Jonathan Charney, Universal International Law, 87 Am.J.Int’l.L. 529, at 543-48 (1993), as quoted in Hunter, supra, p. 322.

21. Id.

22. Gunther Handl, The Legal Mandate of Multilateral Development Banks as Agents for Change Toward Sustainable Development, 92 Am.J.Int’l.L. 642, at 660-62 (1998), as quoted in Hunter, supra, p. 324.

23. Daniel Bodansky, Customary (and Not So Customary) International Environmental Law, 3 Ind. J. Global Legal Stud. 105, 110-119 (1995), as quoted in Hunter, Id.

24. Id.

25. Id, p. 659.

26. Amedeo Postiglione, The Global Environmental Crisis: The Need for and International Court of the Environment, ICEF INTERNATIONAL REPORT at 33-36 (1996), quoted in Hunter, supra, p. 495.

27. Id., p. 496.

28. Id.

29. Id, p. 1298.

30. Id, p. 1299.

31. L. Henkin, “The Human Rights Idea”, The Age of Rights (reprinted in Henkin, et al., Human Rights, 1999), as introduced in Donoho, supra, p. 14-16.

32. Id.

33. Id.

34. The Right to Life, p. 310 (The Hague, 1983), quoted in Hunter, supra, p. 1297.

35. Hunter, supra, p. 341.

36. Id, p. 1299.

37. Id, p. 1294.

38. Id, p. 1295.

39. Black’s Law Dictionary, p. 864. (West 1999).

40. Hunter, supra, p. 339-341.

41. Id, footnotes 1 thru 6, pp. 341-342.

42. Id, pp. 317-318.

43. Id, p. 345.

44. Id, p. 342.

45. Id, p. 315.

46. Id, p. 344.

47. In specific, see pages 35, 38, 159, 162, 177-199 and 221 (Scribner 1997).

48. New York Law Journal, January 1993, Friday, ENVIRONMENTAL LAW, p. 3. See additionally, DISCUSSION: REFLECTIONS ON ENVIRONMENTAL JUSTICE, 65 Alb. L. Rev. 357, 2001.

49. Hunter, supra, p. 526.

50. Id, p. 527, quoting Richard Benedick, Ozone Diplomacy 2 (1998)

51. Id, p. 532.

52. Id, p. 535.

53. Id, p. 542.

54. Id, p. 545.

55. Id.

56. Id, p. 550-54.

57. Id, p. 562.

58. Id, p. 559.

59. Id, p. 566-67.

60. Roland Huber, International Environmental Law Seminar: Human Rights and the Environment, p. 24, in Donoho, Douglas L., INTERNATIONAL HUMAN RIGHTS (published by way of the Shepard Brad Law Center, Nova Southeastern University, 2002).

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