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3 CJEL 1 (2019)

handle is hein.journals/chjevl3 and id is 1 raw text is: 


BRILL                        LAW 3 (2019) 1-9
NIJIH OFF                                                      brill.com/cjel


The first few months of 2O9 have seen further developments in several impor-
tant areas, internationally with regard to the Global Pact for the Environment
and the Paris Agreement, and nationally concerning movements in climate
change litigation, as well as broader law and policy developments.
   As part of a Resolution on negotiating the Global Pact for the Environment,
passed in May 2o18, the UN General Assembly commissioned a report by
the UN Secretary General on 'Gaps in International Environmental Law and
Environment-Related Instruments: Towards A Global Pact for the Environment'.1
That report, issued in November 2018,2 reviewed and analysed the corpus of in-
ternational environmental law and environment-related instruments as well as
the governance structure and implementation of international environmental
law. It revealed gaps and deficiencies at multiple levels.3 The report set out a
number of detailed findings. In summary, they were that 'there is no single
overarching normative framework that sets out what might be characterized
as the rules and principles of general application in international environmen-
tal law' and that 'international environmental law is piecemeal and reactive. It
is characterized by fragmentation and a general lack of coherence and synergy
among a large body of sectoral regulatory frameworks'. The Report also found
that 'the articulation between multilateral environmental agreements and
environment-related instruments remains problematic owing to the lack of
clarity, content-wise and status-wise, of many environmental principles'. With
regard to the structure of international environmental governance, the report
characterized it 'by institutional fragmentation and a heterogeneous set of ac-
tors, revealing important coherence and coordination challenges' and that '[i]
nternational courts and tribunals often stress the lack of international consen-
sus concerning environmental principles'. Finally, with regard to implementa-
tion of international environmental law, the Report noted that this is

I UNGA, Res 72/277 Towards a Global Pact for the Environment (to May 2018) UN Doc A/
   RES/72/277, para 1; see 'Editorial' CJEL 2 (2018) 127.
2 UN A/73/419 (30 November 2018) UN Doc A/73/419 (also published in Chinese: [J T FJq$L
   fF1 -4q W 'fl9 @   4t     $. i    }       ) https://wedocs.unep.org/handle/
3  Ibid 1.

(D BEN BOER, ROWENA CANTLEY-SMITH AND QIN TIANBAO, 2019 1 DOI:10.1163/24686042-12340033
This is an open access article distributed under the terms of the CC-BY-NC 4.0 License.

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