Chapter 10 International law and the global environment (Week 12)

10.1 Discussion questions

  • Morrow, J. D. (2014): Does international law matter?

  • Hickmann, T. (2017): What kind of institutional arrangement would be appropriate to ensure that the proposals for addressing global climate change can be actually implemented?

  • What do you think are the biggest challenges to the future of global order? (*)

Senate Foreign Relations Committee: U.S. Ratification of the Law of the Sea Treaty 5/23/12

Law of the Sea Treaty, by The Heritage Foundation

10.2 International law

Louis Henkin famously claimed that “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time.” Let us also consider a couple of claims discussed in Posner (2009).

  • “If International Law Were Stronger, the World Would Be Safer.”

  • “International Law Is a Worthy Goal.” That is, " even if international law is not currently effective, improving it is nonetheless a worthwhile aspiration for the international community."

10.3 Environment

Public goods, such as clean air and clean water, are often undersupplied. Although individuals all have an interest in environmental protection and cooperation, no one has the incentive to take the initiative to conserve and protect. This is sometimes referred to as the tragedy of the commons. Let us consider a couple of questions concerning climate change.

  • What would be a fair bargain for countries across the world in addressing climate change? Should developing countries that have not emitted much carbon historically be allowed to emit more? Or should large developing countries restrict their emission given they are likely to pollute more?