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~ A ~ - The International Law Commission’s Role in Developing International Law to Protect the Earth’s Atmosphere As It Relates to Climate Change

from Debate 2: The ILC’s Role

Published online by Cambridge University Press:  15 June 2021

By
Peter H Sand
Edited by
Benoit Mayer  and
Alexander Zahar
Benoit Mayer
Affiliation:
The Chinese University of Hong Kong
Alexander Zahar
Affiliation:
Southwest University of Political Science and Law
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Summary

This chapter debates the role of the International Law Commission in codifying and promoting the progressive development of climate law. The ILC’s work on the protection of the atmosphere has proven to be particularly controversial. For Peter Sand, the ILC’s involvement is an opportunity to develop an authoritative interpretation of the ill-understood norms of general international law applicable to climate change. For Géraud de Lassus St-Geniès, the ILC has nothing to add to a problem that is being dealt with through treaty and international negotiation—which moreover requires an expertise which the ILC does not have and is about the mitigation of climate change rather than the ‘protection of the atmosphere’.

Keywords

Climate changeInternational LawInternational Law CommissionSpecial Rapporteur Shinya MuraseProtection of the atmosphereRole of ILCExpertise of ILCRestrictive ‘Understanding’Debating
Type
Chapter
Information
Debating Climate Law , pp. 40 - 49
Publisher: Cambridge University Press
Print publication year: 2021

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