: UPDATE: A Basic Guide to International Environmental Legal Research
by Heidi Frostestad Kuehl
Heidi Frostestad Kuehl is Research and Instructional Services Librarian at Pritzker Legal Research Center, Northwestern University School of Law, Chicago, IL. She holds a Law degree from Valparaiso University School of Law with a specialization in International Trade and Development and a Master's Degree in Library and Information Science from the University of Iowa.
Published April 2008
I. Introduction
II. General Starting Points & List of Key Abbreviations
III. Treaty Research
A. Sub-Topics for International Environmental Law
B. Essential Indexes and Finding Aids for Treaty Research
IV. National Laws - Foreign Nations
VII. Periodicals
VIII. Comprehensive Internet Sites
IX. Environmental Organizations, Institutes, and Statistics
X. Environmental Law Blogs and Current Awareness Tools
International environmental law is an ever-changing, constantly expanding, and intriguing topic for international legal research. When decisions and collaborations occur between nations across international boundaries and treaties or agreements are made to cooperate for environmental concerns, disputes inevitably transpire because of trade implications for the respective nations, safety concerns and cleanliness of environmental resources among shared borders, or problems with enforcement mechanisms for liability under agreements or treaty provisions relating to the environment. The vastness of this area of international law includes the environmental sub-issues of population, biodiversity, global climate change, ozone depletion, preserving the Antarctic regions, movement of toxic and hazardous substances, land or vessel-based pollution, dumping, conservation of marine living resources, trans-boundary air and water pollution, desertification, and nuclear damage, among others. To begin research in international environmental law, a researcher should have a basic understanding of international law and authority: for example, knowledge of treaty research and an awareness of the types of international agreements and their effect in nations of the world as result of reservations, understandings, or declarations. As noted in this research guide, the number of international environmental treaties is manageable by sub-topic, so identification of the appropriate sub-topic or category of international environmental law is essential to narrowly tailor research and avoid getting bogged down in the wealth of information. Like many areas of international law, regulation and implementation of the treaty terms are at the national level. Thus, some knowledge and research of foreign laws in the countries of focus for a research problem is necessary for thorough research and analysis. This guide will provide an overview of the key terms, general starting points by sub-topic of international environmental law and correlating treaties and agreements, a summary of the essential websites and secondary sources for international environmental legal research, and an approach for researching the primary law of foreign jurisdictions for this topic. Finally, an overview of the prominent international organizations and correlating documentation produced for international environmental law and blogs for current awareness in this field will be provided for a comprehensive overview. For other specialized topics in international environmental law research, please consult the GlobaLex guides on International Marine Environmental Law by Arundhati Ashok Satkalmi, Kyoto Protocol by Deborah Paulus-Jagrič, Sustainable Development Law by Gary Yessin, and Transboundary Freshwater: Research Guide on Transboundary Freshwater Treaties and Other Resources by Barbara H. Bean.
Like other areas of specialized international law, international environmental law follows the same sources and categories of law as primary authority under Article 38 of the Statute of the I.C.J. Those include treaties, custom, general principles recognized among nations, decisions, and other secondary authority such as the writings of prominent scholars in the field. Therefore, a researcher should start with identifying the applicable treaties in force and analyzing those nations which are parties to the agreement. After determining all applicable treaties based on the facts of the research question, then the researcher can uncover national laws, which might accordingly follow the treaty terms or deviate. Because foreign legal research can be difficult, it is often wise to consult a comprehensive secondary source on the topic, such as a treatise or law journal article. Before even approaching the treaties, though, it is helpful to decipher the tricky acronyms that emerge when studying international environmental law, especially in the context of the treaties and agreements. Historically, the timeline of treaties that are often identified as monumental in the formation of international environmental law include: the Stockholm Conference (1972), UN Convention on the Law of the Sea ("UNCLOS") (1982), World Conference on Environment and Development (1987), UN Conference on Environment and Development (1992), and the World Summit on Sustainable Development (2002). A helpful overview of international environmental law is provided in International Environmental Law in a Nutshell by Lakshman D. Guruswamy (West 2003) for those researchers unfamiliar with this area of international law. As discussed below, there are also many sub-categories of treaties based on the type of environmental concern or prevention of certain types of deterioration or liabilities for pollution. Here are some of the most commonly-used abbreviations and acronyms for treaty research in international environmental law (however, keep in mind that it is not a comprehensive list):
Because of the many possible sub-topics available for international environmental law, it is helpful to have a table of categories and correlating agreements. The following table is a table of agreements and websites for research based on the eight sub-topics of hazardous waste, nuclear waste, ocean and marine sources, ozone and protection of the atmosphere, pollution, protection of species and wildlife, sustainable development, and trade and the environment. When available, I have linked to sources of the original .pdf document available online.
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SUB-TOPICS FOR INT'L ENVIRONMENTAL LAW |
CONVENTIONS AND AGREEMENTS |
WEBSITES FOR RESEARCH |
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1. HAZARDOUS WASTE |
Basel Convention (**1989)
Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes (1999) |
Secretariat of the Basel Convention: UN Environmental Programme
"Basel Ban Amendment": Secretariat of the Basel Convention
United Nations Environmental Programme: Protocol on Liability and Compensation
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2. NUCLEAR WASTE |
*Convention on Nuclear Safety (1994)
Convention on Third Party Liability in the Field of Nuclear Energy ["Paris Convention"] (1960) |
International Atomic Energy Agency Circular
Reservations & Declarations to the Convention on Nuclear Safety
Nuclear Energy Agency's Convention on Third Party Liability
Paris Convention Decisions, Recommendations, and Interpretations
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3. OCEAN AND MARINE SOURCES |
*Agreement for the Establishment of the Indo-Pacific Fisheries Council (1948) and Amendments (1961)
Agreement Instituting the Latin American Organization for Fisheries Development (1982 )
*Convention for the Conservation of Salmon in the North Atlantic (1982)
Convention for the Conservation of Southern Bluefin Tuna (1993)
Convention for the Prevention of Marine Pollution from Land-Based Sources (1974) & "OSPAR" Convention (1992)
UNECE Water Convention (1992) and Amendment (2003)
UN Convention on the Law of the Non-navigational Uses of International Watercourses (1997) |
Australian Treaty Series: AustLII / FAO / UN Treaty Series
Internet Guide to Int'l Fisheries Law
ENTRI Treaty Locator: CIESIN (Columbia) / UN Treaty Series
Commission for the Conservation of Southern Bluefin Tuna / Text of the Convention
ENTRI Treaty Locator: CIESIN (Columbia) / Tufts Multilaterals Project
UNECE Website / Status of Ratification
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4. OZONE AND PROTECTION OF THE ATMOSPHERE |
*Convention for the Protection of the Ozone Layer ["Vienna Convention"] (1985)
*Convention on Long-Range Transboundary Air Pollution (1979)
Kyoto Protocol to the United Nations Framework Convention (1997)
*Montreal Protocol (1987), *London Amendment (1990), *Copenhagen Amendment (1992), *Montreal Amendment (1997), and *Beijing Amendment (1999)
*United Nations Framework Convention on Climate Change (1992) |
United Nations Environment Programme / .PDF
United Nations Economic Commisssion for Europe / .PDF
UN Environment Programme: Montreal Protocol / Status of Ratifications / London / Copenhagen / Montreal / Beijing
UN FCCC Website / Status of Ratifications / .PDF
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5. POLLUTION |
Stockholm Convention on Persistent Organic Pollutants (2001)
International Convention for the Prevention of Pollution from Ships (1973) & 1978 Protocol ("MARPOL")
*International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969) and Protocol (1973)
International Convention on Civil Liability for Bunker Oil Pollution Damage (2001)
International Convention on Civil Liability for Oil Pollution Damage (1969) & Protocols of 1976, 1984, 1992, and 2000 Amendments |
Persistant Organic Pollutants website / National Implementation Plans / .PDF
ENTRI: Environmental Treaties and Resource Indicators / IMO website
IMO website / ENTRI: Environmental Treaties and Resource Indicators
AustLII: Australian Legal Information Institute / IMO Website
ENTRI: Environmental Treaties and Resource Indicators/ IMO Website |
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6. PROTECTION OF SPECIES AND WILDLIFE |
Agenda 21: Programme of Action for Sustainable Development (1992), Rio Declaration on Environment and Development (1992), and the Statement of Principles for the Sustainable Management of Forests (1992)
Cartagena Protocol on Biosafety (2000)
Convention on Biological Diversity (1992)
*North American Agreement on Environmental Cooperation (1993)
*United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought (1994) |
United Nations Sustainable Development / .PDF
Biological Diversity Website / Status of Ratification / .PDF
Convention on Biological Diversity Website / List of Parties / .PDF
Commission for Environmental Cooperation / SICE: Foreign Trade Information System (OAS)
UNCCD Website / Status of Ratification / .PDF
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7. SUSTAINABLE DEVELOPMENT |
Agenda 21: Programme of Action for Sustainable Development (1992), Rio Declaration on Environment and Development (1992), and the Statement of Principles for the Sustainable Management of Forests (1992)
*Convention on the Conservation of Antarctic Marine Living Resources (1980)
*Convention on Wetlands of International Importance especially as Waterfowl Habitat ("Ramsar") (1971), *Paris Protocol (1982), and Regina Amendments (1987)
Rio Declaration on Environment and Development (1992)
*Antarctic Treaty (1959) & *Protocol on Environmental Protection (1991) |
United Nations Sustainable Development / .PDF
Convention on the Conservation of Antarctic Marine Living Resources Secretariat / Basic Documents / .PDF / AustLII Status List
Ramsar Convention on the Wetlands Website / Status of Ratification (UNESCO) / Status of Ratifications (Ramsar) / Convention on Wetlands Text with Amendments
UN Environment Programme / .PDF / UN Conference Report
Committee for Environmental Protection: Antarctic Treaty / Antarctic Treaty Secretariat / .PDF (Antarctic Treaty) / .PDF (Protocol) / Dep't of State (Depositary)
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8. TRADE & THE ENVIRONMENT |
*Convention on Int'l Trade in Endangered Species of Wild Fauna and Flora ["CITES"] (1973)
*North American Agreement on Environmental Cooperation ["NAAEC"] (1993)
Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998)
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CITES Official Documents, Appendices I, II, and III, and Reservations Entered by Parties / Switzerland Dep't of Foreign Affairs (Depositary)
Commission for Environmental Cooperation/ SICE: Foreign Trade Information System (OAS)
United Nations Economic Commission for Europe / Parties and Signatories / .PDF |
* - U.S. has signed and ratified the treaty.
** - Dates referenced are the date of signature of the treaties.
There are numerous treaty indexes for historical U.S. treaties, as well as world treaty series. In some instances, these treaty indexes are available in print and online. For international environmental law, it is most helpful to consult indexes containing world treaties, such as the United Nations Treaty Series or the European Treaty Series, and other unique online collections of world treaties. In the United States and depending on other jurisdictions for research, a researcher would also need to consult Treaties in Force, Treaty Actions, and the Department of State's website for international agreements reported under the Case-Zablocki Act. The following list of indexes and helpful online collections is not exhaustive, but includes comprehensive portals for research:
In addition to locating the appropriate treaties and agreements for research in international environmental law, a researcher then needs to uncover any national laws of the foreign nations involved in a research question. Therefore, the following sources can help provide background information about the legal systems of countries of the world or links to the national laws of foreign nations. The following list provides essential resources for uncovering national laws for international environmental law:
Before researching primary law, such as treaties and agreements and laws of the nations of the world, researchers might also consult their library catalog to uncover helpful treatises, books, or nutshells and basic background texts to better understand this area of international law. The following search terms and Library of Congress subject headings are successful when researching library catalogs:
Climatic Changes-Government Policy (Library of Congress)
Environmental Degradation-United States (Library of Congress)
Environmental Economics (Library of Congress)
Environmental Ethics (Library of Congress)
Environmental Impact Analysis (Library of Congress)
Environmental Law-Europe (Library of Congress)
Environmental Law, International (Library of Congress)
Environmental Law, International-Sources (Library of Congress)
Environmental Law, Periodicals (Library of Congress)
Environmental Management-International Cooperation (Library of Congress)
Environmental Policy (Library of Congress)
Environmental Protection (Library of Congress)
Global Warming -Law and legislation (Library of Congress)
Global Warming-Government Policy (Library of Congress)
Greenhouse gases-Law and legislation (Library of Congress)
International Relations-Environmental Aspects (Library of Congress)
Law of the Sea (Library of Congress)
Marine Resources Conservation-Environmental Aspects (Library of Congress)
Liability for Environmental Damages, European Union (Library of Congress)
Sustainable Development-(Country of Research) (Library of Congress)
United Nations Convention on Climate Change (Library of Congress)
In addition to the above categories, which are not comprehensive but give the researcher a head-start, it is useful to search terms in the title of the international environmental agreement of focus or also search sub-topics of international environmental law. To begin, a researcher could use terms from any of the sub-topics listed above in Section III.A: "Hazardous Waste," "Nuclear Waste," "Ocean and Marine Sources," "Ozone and Protection of the Atmosphere," "Pollution," "Protection of Species and Wildlife," "Sustainable Development," and "Trade and the Environment." It would be essential, though, to brainstorm search terms that are relevant for the sub-topic of research and issues involved in the facts of the research problem.
Selective Print Titles for Basic International Environmental Law include:
Both Lexis and Westlaw have varying holdings for Foreign and International law, as well as International Agreements and Treaties. In Lexis, the following databases are helpful for research in international environmental law: