Prof. Brunnée gave a lecture titled “International Environmental Law and Community Interests: The Role of Procedure”
On September 14th, 2016, the MPI Luxembourg welcomed Professor Jutta Brunnée of the University of Toronto Faculty of Law, who presented on “International Environmental Law and Community Interests: The Role of Procedure”. Prof. Brunnée’s lecture was based on a recent paper in which she discusses the procedural dimensions of international environmental law’s evolution towards the protection of ‘community interests’. These were described by Prof. Brunnée as environment-related interests, such as climate change or ocean pollution, that are shared by a group of States or all States as well as by non-State actors.
Prof. Brunnée first introduced the relationship between States’ procedural and substantive obligations in international environmental law, focusing on the legal standard of due diligence required in the prevention of transboundary environmental harm. In so doing, Prof. Brunnée examined in detail recent decisions of the International Court of Justice interpreting these obligations. She then discussed the development of the procedural aspects of this legal framework in relation to community interests, which she viewed as lacking.
Aiding this customary international law framework, according to Prof. Brunnée, are treaty-based procedures that promote and protect community interests. Such procedures include law-making, implementation and oversight, and compliance and dispute settlement processes. As an example of these procedural efforts, Prof. Brunnée discussed the global climate regime that has evolved under the UN Framework Convention on Climate Change, including through the Paris Agreement adopted in 2015.
Prof. Brunnée concluded by suggesting that the procedural aspects of international environmental law are crucial to its ability to protect and promote community interests. Her lecture was followed by a lively debate that continued during the reception.
