Revising International Environmental Law Through the Paradigm of Ecological Sustainability

20 Pages Posted: 13 Jun 2016

See all articles by Massimiliano Montini

Massimiliano Montini

Department of Business and Law, University of Siena

Date Written: 2013

Abstract

International environmental law is undergoing a serious crisis. In order to improve its “environmental effectiveness”, the adoption of a new founding paradigm is necessary. The new paradigm ought to be based on the concept of “ecological sustainability”, grounded on the duty to protect and restore the integrity of the eco-systems.

Besides setting the framework for the revision of international environmental law on the basis of the “ecological sustainability” paradigm, this paper focuses on its application in climate change law. In this sense, a critical analysis is provided on the application of the most relevant flexibility mechanisms foreseen at international level by the Kyoto Protocol, namely the Clean Development Mechanism (CDM) and Emissions Trading, as well as of the most interesting instruments applied at EU level, namely the European Union Emissions Trading Scheme (EU ETS) and Carbon Capture and Storage (CCS).

Keywords: International environmental law, environmental effectiveness, sustainable development, ecological sustainability, climate change law

Suggested Citation

Montini, Massimiliano, Revising International Environmental Law Through the Paradigm of Ecological Sustainability (2013). EUI Department of Law Research Paper No. 2013/05, Available at SSRN: https://ssrn.com/abstract=2726637 or http://dx.doi.org/10.2139/ssrn.2726637

Massimiliano Montini (Contact Author)

Department of Business and Law, University of Siena ( email )

Piazza San Francesco 7
Siena, SI 53100
Italy

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