The Art and Craft of International Environmental Law

by Daniel Bodansky, Harro van Asselt

Overview

In countless ways we are affected by international environmental norms: some social, others legal; some quite general, others very specific. For example, the norms limiting the refrigerants used in air conditioners have been agreed upon in legal form internationally, and are mandated and enforced by national governments. The sustainable fishery and forestry standards used by Carrefour and Ikea were developed more informally by environmental groups and businesses, and are applied to producers through supply-chain contracts, without any government involvement. The reluctance to eat tuna fish or own elephant ivory reflects more general social norms, disseminated through education and culture.

How and why do these norms arise? In what ways do they affect behavior? Do they change what states and individuals actually do and, if so, why? How effective are they in solving international environmental problems? In the second edition of The Art and Craft of International Environmental Law, Daniel Bodansky and Harro van Asselt explore these and other questions.

Revisions cover the numerous developments spanning the 13 years since the first edition was published. New chapters address the growing role of environmental NGOs and the increasingly complex architecture of environmental law involving multiple institutions, levels of governance, and actors. Recent research has been incorporated on treaty design and policy implementation and effectiveness, and greater attention has been given to the role of the judiciary in standard-setting, implementation, and enforcement.

A sophisticated yet highly readable introduction to how international environmental law works (and sometimes doesn't work), this book is essential reading for a wide audience.

Product Details

ISBN-13:	9780197672365
Publisher:	Oxford University Press
Publication date:	03/01/2024
Edition description:	2nd ed.
Pages:	416
Product dimensions:	9.25(w) x 6.12(h) x 1.06(d)

About the Author

Daniel Bodansky is a Regents' Professor at Arizona State University's Sandra Day O'Connor College of Law. He served as Climate Change Coordinator at the U.S. State Department from 1999-2001. Prior to joining the ASU faculty in 2010, he was the Ernst and Emily Woodruff Chair in International Law at the University of Georgia Law School. He served on the board of editors of the American Journal of International Law from 2001-2011. He is a member of the Council on Foreign Relations and a graduate of Harvard (A.B.), Cambridge (M.Phil.), and Yale (J.D.).

Harro van Asselt (PhD) is the Hatton Professor of Climate Law at the Department of Land Economy, and a Fellow with Hughes Hall, University of Cambridge. He is also Professor of Climate Law and Policy with the Centre for Climate Change, Energy, and Environmental Law (CCEEL) at the University of Eastern Finland Law School. He is also a visiting researcher with the Copernicus Institute of Sustainable Development at Utrecht University, the Netherlands. Previously, he worked at the Stockholm Environment Institute, the University of Oxford, and the Vrije Universiteit Amsterdam, where he received a PhD (cum laude). He is the editor of the Review of European, Comparative & International Environmental Law.

Table of Contents

List of Tables, Figures, and Boxes
Abbreviations
Treaties and Other International Instruments
International Cases
National Cases


CHAPTER 1
What is International Environmental Law?

CHAPTER 2
How We Got Here: A Brief History

CHAPTER 3
Diagnosing the Causes of Environmental Problems

CHAPTER 4
Prescribing the Cure: Environmental Policy 101

CHAPTER 5
Varieties of Environmental Norms

CHAPTER 6
Who's Who in the Legal Process: Governmental and Intergovernmental Actors

CHAPTER 7
Who's Who in the Legal Process: Actors beyond the State

CHAPTER 8
The Architecture of International Environmental Law

CHAPTER 9
Negotiated Agreements

CHAPTER 10
Customary (and Not So Customary) Norms

CHAPTER 11
How and Why Do States Implement Their Commitments?

CHAPTER 12
International Carrots and Sticks

CHAPTER 13
Is International Environmental Law Effective?

CHAPTER 14
Conclusion: Taking Stock

What People are Saying About This

"Other books tell you what international environmental law is. This book does that and more. It helps the reader understand why international environmental law is needed, how it develops and is implemented, and whether it can be enforced to make a real difference. Written in plain English by one of the world's leading experts in the field, this book should be read by anyone involved in environmental policy and negotiations--and anyone who wants to understand the means by which we will decide the fate of the planet."

Scott Barrett

Other books tell you what international environmental law is. This book does that and more. It helps the reader understand why international environmental law is needed, how it develops and is implemented, and whether it can be enforced to make a real difference. Written in plain English by one of the world's leading experts in the field, this book should be read by anyone involved in environmental policy and negotiations--and anyone who wants to understand the means by which we will decide the fate of the planet.
— Scott Barrett, Lenfest-Earth Institute Professor of Natural Resource Economics, Columbia University

Philippe Sands

Can international environmental law really deliver? Professor Bodansky provides a crisp, clear and compelling narrative to address that most fundamental of questions, and does so with an elegance for which scholars, activists and policymakers should be very grateful.
— Philippe Sands, QC, University College London

Elizabeth R. DeSombre

In a clear and compelling overview, Bodansky renders the most complex legal and political theory comprehensible, and integrates the scholarly literature with relevant empirical material to explain the successes and failures of international law in protecting the global environment. It was the perfect book for my advanced undergraduate course in international environmental law, and the students loved it.
— Elizabeth R. DeSombre, Wellesley College

Daniel Rochberg

'Art and Craft' is an invaluable resource for anyone trying to grasp how the environmental policy world works. From who the key actors are to what they do, how they do it, and what impact they have, Bodansky paints a comprehensive picture while giving a clear voice to key insights and nuances that will ring true for anyone who has made a career watching or working on these issues.
— Daniel Rochberg, former negotiator, U.S. Department of State and Instructor, Emory University

Robert O. Keohane

The Art and Craft of International Environmental Law is an accessible, yet sophisticated, review of legal and institutional efforts to address global environmental problems. It can be read with profit by anyone interested in understanding this important and rapidly changing field.
— Robert O. Keohane, Professor of International Affairs, Woodrow Wilson School of Public and International Affairs, Princeton University

Daniel C. Esty

Bodansky offers a sweeping review of the theory and practice of environmental protection at the global scale. Simply written and yet deeply insightful, the book explains the forces, actors, and processes that determine how international environmental rules and norms emerge and whether they get implemented. Essential reading for legal scholars and practitioners alike.
— Daniel C. Esty, Hillhouse Professor of Environmental Law and Policy, Yale University

Editorial Reviews

"Bodansky offers a sweeping review of the theory and practice of environmental protection at the global scale. Simply written and yet deeply insightful, the book explains the forces, actors, and processes that determine how international environmental rules and norms emerge and whether they get implemented. Essential reading for legal scholars and practitioners alike." —Daniel C. Esty, Hillhouse Professor of Environmental Law and Policy, Yale University

"The Art and Craft of International Environmental Law is an accessible, yet sophisticated, review of legal and institutional efforts to address global environmental problems. It can be read with profit by anyone interested in understanding this important and rapidly changing field." —Robert O. Keohane, Professor of International Affairs, Woodrow Wilson School of Public and International Affairs, Princeton University

"Other books tell you what international environmental law is. This book does that and more. It helps the reader understand why international environmental law is needed, how it develops and is implemented, and whether it can be enforced to make a real difference. Written in plain English by one of the world's leading experts in the field, this book should be read by anyone involved in environmental policy and negotiations - and anyone who wants to understand the means by which we will decide the fate of the planet." — Scott Barrett, Lenfest-Earth Institute Professor of Natural Resource Economics, Columbia University

"In a clear and compelling overview, Bodansky renders the most complex legal and political theory comprehensible, and integrates the scholarly literature with relevant empirical material to explain the successes and failures of international law in protecting the global environment. It was the perfect book for my advanced undergraduate course in international environmental law, and the students loved it." —Elizabeth R. DeSombre, Wellesley College

From the Publisher

Can international environmental law really deliver? Professor Bodansky provides a crisp, clear and compelling narrative to address that most fundamental of questions, and does so with an elegance for which scholars, activists and policymakers should be very grateful.

Philippe Sands

'Art and Craft' is an invaluable resource for anyone trying to grasp how the environmental policy world works. From who the key actors are to what they do, how they do it, and what impact they have, Bodansky paints a comprehensive picture while giving a clear voice to key insights and nuances that will ring true for anyone who has made a career watching or working on these issues.

Daniel Rochberg

In a clear and compelling overview, Bodansky renders the most complex legal and political theory comprehensible, and integrates the scholarly literature with relevant empirical material to explain the successes and failures of international law in protecting the global environment. It was the perfect book for my advanced undergraduate course in international environmental law, and the students loved it.

Elizabeth R. DeSombre

Other books tell you what international environmental law is. This book does that and more. It helps the reader understand why international environmental law is needed, how it develops and is implemented, and whether it can be enforced to make a real difference. Written in plain English by one of the world's leading experts in the field, this book should be read by anyone involved in environmental policy and negotiations--and anyone who wants to understand the means by which we will decide the fate of the planet.

Scott Barrett

The Art and Craft of International Environmental Law is an accessible, yet sophisticated, review of legal and institutional efforts to address global environmental problems. It can be read with profit by anyone interested in understanding this important and rapidly changing field.

Robert O. Keohane

Bodansky offers a sweeping review of the theory and practice of environmental protection at the global scale. Simply written and yet deeply insightful, the book explains the forces, actors, and processes that determine how international environmental rules and norms emerge and whether they get implemented. Essential reading for legal scholars and practitioners alike.

Daniel C. Esty

In a clear and compelling overview, Bodansky renders the most complex legal and political theory comprehensible, and integrates the scholarly literature with relevant empirical material to explain the successes and failures of international law in protecting the global environment. It was the perfect book for my advanced undergraduate course in international environmental law, and the students loved it.

Elizabeth R. Desombre