Call for Abstracts: Expert Round Table “The Role of International Courts in Protecting Environmental Commons”
Pluricourts – University of Oslo, together with the Climate Change Specialist Group of the IUCN World Commission on Environmental Law, the University of Hawai'i Law Review, and the Environmental Law Program at the University of Hawai‘i at Mānoa, William S. Richardson School of Law, have the pleasure of inviting you to an expert round table on “The Role of International Courts in Protecting Environmental Commons
The round table is scheduled to take place at the William S. Richardson School of Law, University of Hawai´í at Mānoa, Honolulu, on 9-10 November 2018.
Background:
This round table inquires into the role of international courts and tribunals (ICs) in dealing with issues related to environmental commons. “Environmental commons” in this context is broadly defined as areas, activities, interests and rights/obligations that are of concern for a broader set of actors than just the parties to a dispute. They can include interests shared by several, many or all states, expanding also to non-state actors (e.g. civil society, companies, individuals).
“Environmental commons” as a compound concept captures both environmental concerns with regard to areas beyond national jurisdiction (global commons), global environmental public goods, common concerns with or common interests (also sometimes referred to as collective or community interests) in specific environmental issues that are of a nature which goes beyond the sovereign interest of any particular state.
ICs might prima facie appear to be adequately positioned to address such interests. They are independent, impartial and international institutions in the public global order. They are not beholden to particular sovereign interests, and are charged with the application of international law which by its nature is relevant to a wider category of stakeholders.
ICs can, for example, have the role of clarifying legal rights and obligations with respect to common goods. They resolve disputes, but may also clarify and develop the law more generally through their reasoning. In doing so, they may also have wider aggregate effects beyond the legal claim itself, for example promoting peace.
This round table will gather experts on international courts and environmental law to discuss whether international courts are “guardians” of environmental commons – or not. Which role(s) do they play in the protection of collective environmental interest and which limitations and opportunities do they face when dealing with disputes, claims or requests for advisory opinions that deal with legal interests of broader, even global, application?
Is international adjudication the best way to deal with such interests? What kind of challenges can be identified in the practice of ICs? Do they arise out of the particular institutional features of the court; or out of the limits in treaty law with respect to setting up ”common” obligations or rights; or limits in court procedures rules (e.g. standing, legal interest, burden of proof); or all the above? Moreover, the bilateral nature of many dispute settlement mechanisms may not suit well the collective nature of collective interest claims.
Objective:
The objective of this expert round-table is to identify and analyze the role of ICs, their possibilities and limitations. The focus will be on if and how international courts have been dealing with the protection of environmental global commons or common interest norms. Which questions were addressed by courts, which legal issues proved to be controversial and which aspects may have raised issues of legitimacy? The round table will also seek to offer some reflections and suggestions and identification of alternatives for more, and more effective involvement of ICs in issues that are of common interest.