JOURNAL ARTICLE
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Claiming Community Interests in International Law
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 93–108
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Matz-Lück, Nele
Abstract
Abstract: Many, if not most, multilateral treaties aim to protect a community interest. In the light of ongoing environmental degradation, the debate has turned from mere law-making by treaties to other means of achieving recognised community interests, including dispute settlement on the national and international level. This paper distinguishes three different approaches to address environmental community interests via international dispute settlement: human rights, contentious cases in inter-State dispute settlement, and rights of nature and legal personhood. It concludes that each of them has certain merits but also disadvantages. Rights of nature in international law have a certain potential to overcome some of the deficits of the other two approaches but are currently only hypothetical. The turn to advisory opinions by international courts and tribunals may be an opportunity to address some of the shortcomings that are discussed for the different approaches.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Nele Matz-Lück\nClaiming Community Interests in International Law | 93 | ||
| I. Introduction | 93 | ||
| II. Multilateral Law-Making and the Common Interest | 95 | ||
| III. A Human Rights-Based Approach | 97 | ||
| A. Community Interest(s) and Human Rights | 97 | ||
| B. Using Human Rights to Pursue a Community Interest | 99 | ||
| IV. Inter-State Dispute Settlement and Community Interests | 101 | ||
| V. Rights of Nature in International Law | 104 | ||
| VI. Conclusion: Advisory Proceedings as the Way Forward | 106 |