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Abstract

This article explores the legal principles that govern the interpretation of “secondary instruments” in international law. A “secondary instrument” under international law is, for the purposes of this article, a written document adopted by a body empowered by a treaty to take action with respect to the treaty, but which is not itself a treaty. Such instruments find increasing application in international law. The article specifically examines the interpretation of secondary instruments arising in five settings in international practice: the United Nations Security Council, the International Maritime Organization, the International Seabed Authority, the International Whaling Commission, and conferences/meetings of the parties under multilateral treaties. This selection of practice will serve to illustrate principles of interpretation across a range of international institutional settings for the purpose of determining the rights and obligations of state-parties to a treaty regime.
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Authors and Affiliations

Daniel Costelloe
Malgosia Fitzmaurice
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Abstract

This article examines the role of environmental human rights and the rights of nature in the era of the Anthropocene. The research question is whether the concept of the Anthropocene itself is a constructive remedy for the ecological destruction.
The United Nations General Assembly resolution acknowledging a universal human right to clean environment is a ground-breaking event in a long process of the creation of such a right. This article examines the status quo of this right at present, both generally and in regional human rights treaties, as well as in the relevant case law and literature. The rights of nature are also examined, as they have become a very topical issue in light of the recent decision of the Conference of the Parties of the Convention on Biological Diversity, which expressly grants such a right. The question which may be posed is whether the approach adopted by the Anthropocene – which treats all actors equally – reflects the reality. The Western (Global North) approaches to the destruction of the Earth are contested by the Global South. The fractured approaches (by both the Global South and the Global North) to the decline of the environment may render questionable the suitability of the Anthropocene paradigm.
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Authors and Affiliations

Malgosia Fitzmaurice
1
ORCID: ORCID

  1. Public International Law, Queen Mary University of London

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