
Contents
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1 Introduction 1 Introduction
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1.1 What Is Implementation? 1.1 What Is Implementation?
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1.2 Impact of Domestic Constitutional Legal Orders on Implementation 1.2 Impact of Domestic Constitutional Legal Orders on Implementation
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2 National Implementation of International Environmental Law 2 National Implementation of International Environmental Law
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2.1 Legislative Implementation 2.1 Legislative Implementation
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2.2 Administrative Implementation 2.2 Administrative Implementation
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2.3 Judicial Enforcement 2.3 Judicial Enforcement
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2.3.1 Procedural Issues 2.3.1 Procedural Issues
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2.3.1.1 Jurisdiction 2.3.1.1 Jurisdiction
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2.3.1.2 Standing 2.3.1.2 Standing
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2.3.1.3 Remedies 2.3.1.3 Remedies
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3 Requirements Imposed by International Environmental Law with Respect to National Implementation 3 Requirements Imposed by International Environmental Law with Respect to National Implementation
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3.1 Soft Law Instruments 3.1 Soft Law Instruments
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3.2 Treaty Implementation Requirements 3.2 Treaty Implementation Requirements
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4 Implementation Review 4 Implementation Review
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5 Implementation Facilitation 5 Implementation Facilitation
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6 Conclusion 6 Conclusion
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Recommended Reading Recommended Reading
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40 National Implementation
Get accessCatherine Redgwell is Professor of International Law in the Faculty of Laws at University College London, United Kingdom. She has published extensively on international law, with particular focus in her teaching and research on international environmental law, international energy law, and treaty law. She is General Editor of the International and Comparative Law Quarterly.
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Published:August 2008
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Extract
Introduction
National implementation constitutes a key element in ensuring compliance with international environmental law.1 It plays a dominant role in ensuring non-state actors’ compliance with international environmental norms, particularly where international environmental law has been translated, directly or indirectly, into national law. It may also afford opportunities for non-state actors successfully to challenge national implementation of international environmental law through judicial review, national rules on standing and remedies permitting (see Chapter 29 ‘Public Participation’). Although international environmental law is less developed than human rights law in terms of individual enforcement of rights through national courts, there is significant case law upon which to draw where courts have invoked, directly or indirectly, international environmental norms. An exhaustive survey of such invocation is beyond the scope of this chapter; however, it will consider the trends in domestic judicial enforcement, and the role that national courts play in both developing and enforcing international environmental law. It will also consider the nature of the international norms in question, and the impact that this factor exerts on national implementation (both legislative and judicial), drawing upon the extensive literature on implementation and compliance with international environmental law (see Chapter 39 ‘Compliance Theory’). In so doing, this chapter will not focus on any particular treaty or set of obligations, though the extent of reliance upon national measures of implementation under different treaties will be touched upon.2 The impact on instrument choice at the national level will also be observed (see Chapter 8 ‘Instrument Choice’).
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