THE OXFORD HANDBOOK OF INTERNATIONAL ENVIRONMENTAL LAW. Ed by Daniel Bodansky, Jutta Brunnée and Ellen Hey Oxford: Oxford University Press (www.oup.co.uk), 2007. xxvii + 1080 pp. ISBN 019926970X. £85.

Pages156-158
DOI10.3366/E1364980908220226
Published date01 January 2008
Date01 January 2008
AuthorJames Harrison

The environmental threats facing the world today are immense. Many are global in scale and it is only through concerted action that the international community can meet them. International law is a key tool in the fight against climate change, biodiversity loss and other major environmental problems. An increasing number of international treaties, declarations and other instruments address environmental issues. Indeed, according to the editors of the Oxford Handbook of International Environmental Law, international environmental law has evolved into a “distinct field” with its own principles, institutions and even terminology (24). They argue that it transcends traditional state-centric concepts of international law to tackle common concerns of the international community (10-11; Brunnée, ch 23). In the words of another contributor to this volume, international environmental law has entered a post-modern era, which can be traced from the 1992 Rio Conference on Environment and Development (Sands, 31).

Fifteen years after the Rio Conference, it is perhaps time to stand back and see how far we have come in our efforts to tackle the threats to the global environment. The aim of the Handbook is to “take stock of the field as a whole, exploring its core assumptions and concepts, its basic analytical tools and key challenges” (preface). It does so through a compilation of forty-five chapters by leading scholars and commentators, arranged in seven thematic sections.

Much of the analysis concentrates on the plethora of treaties in this area. What is interesting about these treaties is not necessarily their subject matter, but their design. As one contributor notes, “environmental treaty systems are designed to facilitate and speed up the dynamic development of substantive regulations” (Gehring, 468). The Handbook considers the features of environmental treaties from a variety of perspectives. Gehring provides an overview of treaty-making processes in this field, whilst other authors address sectoral regimes (Rowlands, ch 14; Freestone and Salman, ch 15; Rayfuse, ch 16; Wirth, ch 17) or analyse specific institutional mechanisms common to several environmental agreements (Wettestad, ch 42; Klabbers, ch 43; Romano, ch 45).

The so-called “constitutionalisation” of environmental regulation, through the creation of treaty regimes, is an important characteristic of international environmental law, as it allows flexible and timely responses to complex environmental...

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