Tuesday, December 4, 2018

McGarry: The Global Pact for the Environment: Freshwater and Economic Law Synergies

Brian McGarry (Graduate Institute of International and Development Studies) has posted The Global Pact for the Environment: Freshwater and Economic Law Synergies (Journal of International Economic Law, forthcoming). Here's the abstract:
The Global Pact for the Environment has been proposed as an overarching framework for international environmental law, which would solidify and advance this regime in light of pressing challenges and the demands of the UN Sustainable Development Goals. By codifying principles in legally binding form, the Global Pact has attracted high expectations that it can bridge normative gaps in international environmental law and environment-related instruments, such as trade and investment agreements. The present article scrutinizes this prospect by treating the management of freshwater as a case study for the Global Pact’s potential success. The article first identifies key interplays between sources of international water law and rules governing international economic law. It then indicates how the Global Pact might effectively minimize or resolve lacunae in the convergence of these regimes without undermining existing instruments and frameworks. The author concludes that the proposed form of the Global Pact is a promising means to clarify normative interactions between freshwater management and international trade and investment, while accelerating and broadening the implementation of environmental principles within these domains.