William Wordsworth wrote, "Ocean is a mighty harmonist." 1 If that is the case, the question aris... more William Wordsworth wrote, "Ocean is a mighty harmonist." 1 If that is the case, the question arises why the legal regime that regulates the ocean and its pollution seems so fragmented. This Article examines the relationship between international environmental law and the law of the sea in the context of trying to address the problem of oil pollution in a coherent manner. Both branches of international law share a common goal, yet their relationship is inherently complex. Starting with a brief synopsis of international environmental law and the law of the sea, this Article then explores the ways these two branches interact in a dynamic manner. Indeed, these branches do not operate in isolation, but rather help shape one another. The Article continues by identifying the situations where international environmental law and the law of the sea conflict, primarily in the provisions contained in international and regional conventions, which leads to a multifaceted legal framework that is difficult to follow in a coherent manner. In these cases, pursuing the rules of one regime could mean breaching provisions and goals of the other. This Article concludes with a case study on oil-spill pollution cases, which demonstrates how these two branches simultaneously conflict and complement each other.
This Article fits within a larger project that explores the nature of international law as unitary or fragmented.
This paper adopts a practical approach to invoking state responsibility. The choice is warranted ... more This paper adopts a practical approach to invoking state responsibility. The choice is warranted on the ground that no matter how carefully international rules are, theoretically, set out, states’ actual use of them greatly varies. Indeed, settlement of claims by diplomatic means is often the preferred option. Such an approach dangerously rests on a flimsy socio-economic balance, made at the compromise of environmental protection.
After giving an account of state responsibility’s role in international law, the essay proceeds by examining its shortcomings and further elaborates them in a hypothetical case study. The alternatives to state responsibility and the necessity for reform are subsequently discussed.
The dissertation argues that the current international climate change framework is unworkable. Th... more The dissertation argues that the current international climate change framework is unworkable. This is tackled by reversing the present position and requiring developing countries to also contribute to alleviating the climate change challenge. However, it is submitted that this should be done in a fair and equitable manner, reflecting their differing historical stake in harmful atmospheric emissions. In this context, a distinction is made between economic development, as the improvement in human capacities and conditions, and economic growth, representing the quantitative increase in output of goods and services.
The paper maintains that eradicating poverty and attaining environmental stability go hand in hand. To incorporate this in practice, the author proposes three time-frames for resolving the problem. Firstly, in the short-term, the implementation of a finely-tuned calculation method to determine each country’s contributions is recommended. Secondly, this formula requires a robust institution to enforce it, which is the medium-term proposal of the thesis. Thirdly, the long-term recommendation of the author advocates reconsidering the existing growth-led economic model. This enables combining historical responsibility with the need for development.
William Wordsworth wrote, "Ocean is a mighty harmonist." 1 If that is the case, the question aris... more William Wordsworth wrote, "Ocean is a mighty harmonist." 1 If that is the case, the question arises why the legal regime that regulates the ocean and its pollution seems so fragmented. This Article examines the relationship between international environmental law and the law of the sea in the context of trying to address the problem of oil pollution in a coherent manner. Both branches of international law share a common goal, yet their relationship is inherently complex. Starting with a brief synopsis of international environmental law and the law of the sea, this Article then explores the ways these two branches interact in a dynamic manner. Indeed, these branches do not operate in isolation, but rather help shape one another. The Article continues by identifying the situations where international environmental law and the law of the sea conflict, primarily in the provisions contained in international and regional conventions, which leads to a multifaceted legal framework that is difficult to follow in a coherent manner. In these cases, pursuing the rules of one regime could mean breaching provisions and goals of the other. This Article concludes with a case study on oil-spill pollution cases, which demonstrates how these two branches simultaneously conflict and complement each other.
This Article fits within a larger project that explores the nature of international law as unitary or fragmented.
This paper adopts a practical approach to invoking state responsibility. The choice is warranted ... more This paper adopts a practical approach to invoking state responsibility. The choice is warranted on the ground that no matter how carefully international rules are, theoretically, set out, states’ actual use of them greatly varies. Indeed, settlement of claims by diplomatic means is often the preferred option. Such an approach dangerously rests on a flimsy socio-economic balance, made at the compromise of environmental protection.
After giving an account of state responsibility’s role in international law, the essay proceeds by examining its shortcomings and further elaborates them in a hypothetical case study. The alternatives to state responsibility and the necessity for reform are subsequently discussed.
The dissertation argues that the current international climate change framework is unworkable. Th... more The dissertation argues that the current international climate change framework is unworkable. This is tackled by reversing the present position and requiring developing countries to also contribute to alleviating the climate change challenge. However, it is submitted that this should be done in a fair and equitable manner, reflecting their differing historical stake in harmful atmospheric emissions. In this context, a distinction is made between economic development, as the improvement in human capacities and conditions, and economic growth, representing the quantitative increase in output of goods and services.
The paper maintains that eradicating poverty and attaining environmental stability go hand in hand. To incorporate this in practice, the author proposes three time-frames for resolving the problem. Firstly, in the short-term, the implementation of a finely-tuned calculation method to determine each country’s contributions is recommended. Secondly, this formula requires a robust institution to enforce it, which is the medium-term proposal of the thesis. Thirdly, the long-term recommendation of the author advocates reconsidering the existing growth-led economic model. This enables combining historical responsibility with the need for development.
Uploads
Papers by Inna Amesheva
This Article fits within a larger project that explores the nature of international law as unitary or fragmented.
After giving an account of state responsibility’s role in international law, the essay proceeds by examining its shortcomings and further elaborates them in a hypothetical case study. The alternatives to state responsibility and the necessity for reform are subsequently discussed.
The paper maintains that eradicating poverty and attaining environmental stability go hand in hand. To incorporate this in practice, the author proposes three time-frames for resolving the problem. Firstly, in the short-term, the implementation of a finely-tuned calculation method to determine each country’s contributions is recommended. Secondly, this formula requires a robust institution to enforce it, which is the medium-term proposal of the thesis. Thirdly, the long-term recommendation of the author advocates reconsidering the existing growth-led economic model. This enables combining historical responsibility with the need for development.
This Article fits within a larger project that explores the nature of international law as unitary or fragmented.
After giving an account of state responsibility’s role in international law, the essay proceeds by examining its shortcomings and further elaborates them in a hypothetical case study. The alternatives to state responsibility and the necessity for reform are subsequently discussed.
The paper maintains that eradicating poverty and attaining environmental stability go hand in hand. To incorporate this in practice, the author proposes three time-frames for resolving the problem. Firstly, in the short-term, the implementation of a finely-tuned calculation method to determine each country’s contributions is recommended. Secondly, this formula requires a robust institution to enforce it, which is the medium-term proposal of the thesis. Thirdly, the long-term recommendation of the author advocates reconsidering the existing growth-led economic model. This enables combining historical responsibility with the need for development.