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This chapter examines the ICJ’s influence on international environmental law. Drawing on concrete examples, the author identifies six ways in which the Court’s jurisprudence has contributed to environmental law: by articulating foundational principles; by acting as a gatekeeper for customary international law; by elaborating existing principles; by interpreting environmental agreements; by valuing environmental harms; and by incorporating environmental considerations into other areas of international law. The author reflects on potential future evolutions of the Court’s role in the international environmental law space, given the increasing number of disputes that the Court has addressed in this field in recent years.
Chapter 4 presents international wildlife law as an institutional governance system relevant to local responses to human–wildlife conflict. It finds that there is a lack of any real ‘conflict’ language within the framework and this limits the ability of international law to deal with the problem at the outset. Further, the value orientations discussed within Chapters 2 and 3 are all present in international wildlife law to some extent and so the framework has the same conflict of values that are present in situations of human–wildlife conflict. The chapter traces the development of ‘dominance’ in international law and finds that there are specific principles and legal developments that continue to prevent a positive relationship that is beneficial to both people and wildlife. In addition, the underlying constraints of capitalism, neo-liberalism and sustainable development are discussed. Finally, this part posits that the failure of international law to implement a meaningful interpretation of intrinsic value and animal welfare has meant that such language has not been able to minimise the damage done by the dominant framework. The chapter concludes with suggestions for eco-vulnerability principles to be incorporated into international law.
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