Are the aims of the proposed global pact for the environment desirable and will the pact add any value to international environmental law?

Abstract

The Global Pact for the Environment (the Pact) is attempting to strengthen international environmental law by reducing fragmentation and incorporating general principles into a binding instrument. This is desirable because the current system lacks consistency and clarity.

The precautionary approach is an example of a general principle included in the Pact. The various formulations of the precautionary approach demonstrate how fragmentation can cause inconsistencies. Fragmentation of the international system needs to be reduced in order to make international environmental law more effective. The Pact proposes to do this by becoming an instrument that can guide future interpretation and implementation of general principles. The Pact will strengthen general principles but fails to address the regulatory gaps in international environmental law.

The Pact is attempting to create a binding instrument. A binding is necessary because general principles are currently not enforceable without a multilateral environmental agreement and the current formulations of the principles lack clarity. The precautionary approach demonstrates the weaknesses of soft law and international law which explains why a binding instrument is necessary.