ASIL Guide to Electronic Resources for International Law

GUIDE HOME
 
International
Environmental Law

Anne Burnett

Introduction
Overview
General Search Strategies 
Primary Sources
Secondary Sources
Other Related Sites
Online Discussion Lists


I. INTRODUCTION
This chapter of the ASIL Guide to Electronic Resources for International Law discusses electronic resources of international environmental law. The types of resources covered emphasize the Internet but also include CD-ROMs, library catalogs, and on-line subscription/commercial services. The emphasis here is on English-language sources. Although a number of primary and secondary sources are discussed below, the rapidly expanding list of electronic resources in this field precludes any claim to this being an inclusive guide. With that in mind, search strategies for conducting research in this area are included in Section III


II. OVERVIEW OF INTERNATIONAL ENVIRONMENTAL LAW
When attempting to determine the boundaries of international environmental law, one finds that no clear definition can be applied. Like many other branches of international law, international environmental law is interdisciplinary, intersecting and overlapping with numerous other areas of research, including economics, political science, ecology, human rights and navigation/admiralty. 

Until the late 1960s, most international agreements aimed at protecting the environment served narrowly defined utilitarian purposes. Alexandre C. Kiss and Dinah Shelton, International Environmental Law (New York: Transnational Pub., 1991) at p. 1. Beginning with the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment (linked from http://www.unep.org/Documents/Default.asp?DocumentID=97), however, international agreements came to reflect a desire to limit damages to the environment. These international agreements paralleled national legislation which increasingly sought to preserve the environment. International environmental law encompasses a diverse group of topics, including:
 

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III. GENERAL SEARCH STRATEGIES
Researchers in this field must remain cognizant of the multiple sources for international environmental law. In addition to international agreements (treaties, conventions, etc.), the researcher should consider the relevance of national environmental laws, regulations and policy statements. Reports and documents issued by multinational and non-governmental organizations also play an important role in shaping and defining international environmental law. These myriad resources can be difficult to identify, much less to obtain in full text. Flexibility, creativity and familiarity with helpful research tools can make this process less confusing. Tips on using some of these tools follow: 

a. Online library catalogs
One of the best places to start research in international environmental law is with the catalog in your local library or law library. A number of these catalogs are now online and can be searched from all over the world. 

Many law library online catalogs, especially in the United States, use the Library of Congress (LC) (http://www.loc.gov) classification system (outline at http://www.loc.gov/catdir/cpso/lcco/).

For general or comparative publications on international environmental law, try the subject heading ENVIRONMENTAL LAW--INTERNATIONAL. 

More specific subject headings include MARINE POLLUTION, NATURAL RESOURCES, RADIOACTIVE POLLUTION OF THE SEA, SHORE PROTECTION, SUSTAINABLE DEVELOPMENT, TRANSBOUNDARY POLLUTION, WILDLIFE CONSERVATION. 

Tip: For the most flexible search queries, try your library catalog's KEYWORD search function.

In addition to searching your local law library's online catalog, you can search for materials in other libraries by using WorldCat (http://www.oclc.org/us/en/worldcat/default.htm), a merged electronic catalog of libraries from around the world. WorldCat contains tens of millions of records. In addition to providing bibliographic information, WorldCat lists the libraries holding the item.

b. Periodical indexes
Periodical articles are particularly useful in researching current issues in international environmental law. In addition, articles can provide useful overviews of the subject as well as citations to relevant primary and secondary sources. Numerous tools exist which index periodicals containing articles about international environmental law. Some legal journals are now available on the Web in full text. For more about those focusing on international environmental law, see Periodicals under Secondary Resources in section V below. 

The Legal Resources Index (LRI) (Farmington Hills, MI: Gale Group, 1980-) is available in CD-ROM and on the Web under the title LegalTrac.  LRI can also be found on LEXIS (LAWREV/LGLIND) and WESTLAW (LRI) if the subscriber's library also subscribes to the CD-ROM or Web version. LRI is updated monthly and indexes over 800 English language legal periodicals. Information Access' paper counterpart is called Current Law Index. Coverage dates back to the early 1980s. 

The Index to Legal Periodicals & Books (ILP)  (New York, NY: H.W. Wilson Co., 1926-) is available in CD-ROM and as a Web resource (SilverPlatter Information, Inc. and H.W. Wilson Co.). ILP is also available on WESTLAW (ILP) if the subscriber's library also subscribes to the CD-ROM. Online coverage begins with articles indexed after July 1981. Note: although there is considerable overlap between LRI and ILP, each index does cover some periodicals not included in the other. In addition, LRI tends to include shorter articles and case notes that ILP excludes. 

Current Index to Legal Periodicals (CILP) is a weekly index published by the Marian Gould Gallagher Law Library at the University of Washington. It is available electronically as well as in paper. CILP is also available on WESTLAW in the CILP database.  For subscription information, see http://lib.law.washington.edu/cilp/cilp.html.

Index to Foreign Legal Periodicals (Berkeley, CA: University of California Press for the American Association of Law Libraries, 1960-). The IFLP is a multilingual index to articles and book reviews in over 500 legal journals worldwide. Its scope includes international law, comparative law and national law of jurisdictions other than the United States, United Kingdom, Canada and Australia. Updated quarterly, IFLP is available on the Web through Ovid (http://www.ovid.com). 

The Public Affairs Information Service (PAIS) International (Bethesda, MD: CSA, 1972-) indexes  public policy literature, including periodicals, books, government documents and reports, international agency publications, and internet material in six languages. The references are in English, and many entries include brief contents notes. PAIS International is available via subscription on CSA Illumina (http://www.csa.com/factsheets/pais-set-c.php). The PAIS Archive database contains records for items dating back to 1915. 
 

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c. Research Guides and Bibliographies

 5) Infography about International Environment Law (http://www.infography.com/content/439331236499.html) includes citations to mostly print resources recommended by an attorney specializing in international environmental law.

 

IV. PRIMARY SOURCES
The major sources of international environmental law are treaties and international agreements. An additional source is customary international law, which is often evidenced by national legislation, government statements, restatements of the law, and the interpretations of international tribunals such as the International Court of Justice and other arbitral bodies. This section lists electronic resources for these various kinds of primary sources, with an emphasis on treaties and other types of international environmental agreements. 

a. International Agreements, Declarations, Organizational Statements, Reports, Resolutions and Like Materials

1. The United Nations and Related Organizations
Numerous entities within and related to the United Nations produce materials relevant to international environmental law. These organizations range from divisions within the United Nations to specialized agencies related to the United Nations. Many of these entities have a substantive presence on the Web, providing full-text access to international agreements, reports, resolutions, and other materials. They are arranged here alphabetically after the official UN Web site. 

The UN provides UNBISnet (http://unbisnet.un.org/), an online index to its documents along with detailed voting records for General Assembly and Security Council resolutions. For a more detailed discussion of the United Nations and the electronic resources available for researching United Nations materials, see the United Nations Chapter of this ASIL Guide  (http://www.asil.org/un1.cfm). 

A. Web Sites

 World Health Organization (WHO)  (http://www.who.int) 
The WHO is the coordinating authority for health initiatives within the United Nations system. The WHO proposes conventions, agreements, and regulations regarding health issues and develops, establishes and promotes international standards concerning foods, pharmaceuticals, and similar substances. The Web site contains a section on  Protection of the Human Environment  (http://www.who.int/phe/en/), which includes reports and other WHO publications on environmental health addressing such topics as indoor and outdoor pollution, chemical safety, children's environmental health, and global environmental change. 

B. UN-specific CD-ROM or Web commercial products

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2. Other Multinational Organizations

A. The Association of Southeast Asian Nations (ASEAN)
ASEAN formed in 1967 to promote economic cooperation and the welfare of the people in the region. Although the focus thus far has been on economic cooperation, the member states have concluded several  Agreements on the Environment (http://www.aseansec.org/8919.htm)

i. ASEAN Web Sites

B. Council of Europe (COE)
Formed in 1949, the Council of Europe's main goal is to strengthen democracy, human rights and the rule of law throughout its member states. 

i. Council of Europe Web Sites

 C. European Union
The European Union, (used here as an umbrella term encompassing several communities, including the European Coal & Steel Community, European Economic Community, and the European Communities), was created after World War II to unite the nations of Europe economically. From its initial membership of six European nations, the EU has grown to include twenty-seven nations, and several more have applied for membership. Although initially framed as an economic union, the EU is becoming a cultural and social union in many ways. Concern for the environment is among its members' united concerns.

i. EU Web Sites

European Union Delegation in the United States (http://www.eurunion.org) 
This site, which is maintained by the European Commission's Office of Press and Public Affairs, reflects the EU's presence in the United States and covers developments in the Transatlantic Action Plan. The site contains numerous full-text documents. The Environment Policy  page (http://www.eurunion.org/policyareas/environment.htm)  provides an overview of EU policy in these areas and includes links to various EU pages related to environmental policy. 

ii. EU CD-ROM, Web & Other Online Commercial Products
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D. GATT & the World Trade Organization (WTO)
The World Trade Organization was established during the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT) in 1994 to deal with the rules of trade between nations. The WTO Committee on Trade and Environment works to incorporate environmental and sustainable development issues into trade rules.

i. GATT/WTO Web Sites

World Trade Organization (WTO) (http://www.wto.org) 
The WTO's Web site contains the official documentation of the WTO, including the legal texts of the WTO agreements, documents from dispute settlement panels, and much more. The documents are stored in the Documents Online search facility  (http://docsonline.wto.org/) in WordPerfect 5.2 format before 2 June 1998 and in Word 97 thereafter. Many documents are also provided in PDF. The documents can be searched, viewed, and downloaded. Search fields include symbol, title, date, and full-text. Updated daily. The WTO's environmental work is discussed at http://www.wto.org/english/tratop_e/envir_e/envir_e.htm.
ii. GATT/WTO on Online Commercial Databases
LEXIS - The international trade materials include the General Agreement on Tariffs and Trade, Uruguay Round, including the Agreement Establishing the World Trade Organization as well as GATT/WTO Basic Instruments and Selected Documents, which includes the principal decisions, resolutions, recommendations and reports adopted by the Contracting Parties every year.  The GATTWTO file contains GATT and WTO panel decisions from 1948.

WESTLAW - The GATT database contains the text of the final General Agreement on Tariffs and Trade, Uruguay Round, including the Agreement Establishing the World Trade Organization, and other documents, including the GATT Uruguay Round Agreements Report on Environmental Issues. The WTO-DEC database includes selected documents from WTO/GATT dispute settlement panels. The WTOGATT AWARDS database includes arbitration settlement awards from the WTO and GATT.

E. North American Free Trade Agreement (NAFTA)
Although they entered into NAFTA as a trade agreement, the three member states (Canada-Mexico-United States) subsequently entered into a complementary agreement,  the North American Agreement for Environmental Cooperation (linked from "Laws, Treaties & Agreements" at http://www.cec.org/pubs_info_resources/) to address shared environmental concerns. 

i. Web Sites

Commission for Environmental Cooperation (CEC)   (http://www.cec.org) 
Created under the the North American Agreement for Environmental Cooperation to address regional environmental concerns, the CEC works to prevent trade and environmental conflicts and to promote the enforcement of environmental law. This Web site provides documents from the CEC's governing body, the CEC Council (linked from http://www.cec.org/who_we_are/) as well as a Summary of Environmental Law in North America, including links to the texts of several international agreements and relevant national laws in NAFTA member countries (Canada, Mexico, and the United States). The materials are available in French, Spanish and English. 

National Law Center for Inter-American Free Trade (http://www.natlaw.com) 
The National Law Center for Inter-American Free Trade is a non-profit research and educational corporation whose purpose is to facilitate trade and investment in the Western Hemisphere.  The Center's  InterAm Database (http://www.natlaw.com/database.htm), available by subscription, provides access to Mexican and Latin American legal and regulatory information. Non-subscribers can purchase documents for a fee. In addition, this site provides several environmental treaties (http://www.natlaw.com/treaties/enviro.htm) in full text, although only to subscribers or for a per-document fee.   

ii. NAFTA on Online Commercial Databases
LEXIS - In NAFTA file, find the North American Free Trade Agreement plus Supplemental Agreements. NAFTA panel review decisions from April 1995 on are included in NAFDEC. 

WESTLAW - The NAFTA database includes chapters of the North American Free Trade Agreement and other documents released by the Office of the United States Trade Representative; find Binational Panel decisions and related documents in the NAFTA-BIP database.  The NAFTA-Awards database contains arbitration settlement awards.

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F. Organisation for Economic Co-operation & Development (OECD)
The OECD is a Paris-based intergovernmental organization enabling its 30 Member Countries to consult and cooperate with each other in matters concerning sustainable economic growth, including sustainable development and the environment. 

 i. Web Sites

Organisation for Economic Co-operation and Development (http://www.oecd.org) 
This official OECD homepage, available in English and French, provides detailed information about the OECD. In addition to background information, the site contains the text of recent annual reports, policy briefs, statistics, background papers and numerous other documents (follow the link to "Publications and Documents"). Under Topics, look for Sustainability along with sub-topics Fisheries, Energy, and Sustainable Development.
G. Organization of American States (OAS)
Under the  OAS Charter (http://www.oas.org/juridico/english/charter.html), economic and social development of the Americas has long been one of the organization's goals. At its 26th regular session in 1996, the General Assembly established the Inter-American Committee on Sustainable Development.
 

i. Web Sites

Organization of American States (http://www.oas.org) 
The official OAS Web site provides the text of Resolutions and Declarations (http://www.oas.org/juridico/english/resolut.html) and  conventions (http://www.oas.org/juridico/english/treaties.html) and numerous other types of documents (http://www.oas.org/documents/eng/documents.asp)). The Department of Sustainable Development and Environment (http://www.oas.org/usde/) is the technical arm of the OAS General Secretariat responsible for responding to the needs of member states on issues relating to sustainable development within an economic development context.

3. Miscellaneous Sources for International Environmental Agreements, Declarations, Statements, and Related Documents

A. Web Sites

Center for International Earth Science Information Network (CIESIN)   (http://www.ciesin.org)
CIESIN is part of Columbia University's Earth Institute. This Center focuses on applying information technology to interdisciplinary data, information, and research problems related to human interactions in the environment. CIESIN's Web site contains the text of more than 140 international environmental agreements, which are searchable through the  ENTRI system  (http://sedac.ciesin.columbia.edu/entri/):

Environmental Treaties and Resource Indicators (ENTRI)  (http://sedac.ciesin.columbia.edu/entri/) ENTRI allows the researcher to search for treaties by date, keyword, and other fields. In addition to access through the Web, ENTRI is accessible via email. For more information, visit http://sedac.custhelp.com/. ENTRI also includes user forums that encourage interaction, via email, with the ENTRI system maintainers and other ENTRI users.  An additional tool is the Conference of Parties (COP) decision search tool (http://sedac.ciesin.columbia.edu/gsametasearch/cop_start.jsp), which allows the researcher to search for decisions produced by the Parties in selected multilateral environmental agreements.

Globelaw (http://www.globelaw.com/index.html) 
This site includes the text of several conventions, national and international tribunal cases, selected UN resolutions,  and links to other sites containing multilateral conventions and international environmental law and policy documents. 

Multilaterals Project  (http://fletcher.tufts.edu/multilaterals.html)
The Multilaterals Project at the Tufts University's Fletcher School of Law and Diplomacy is designed to make available the texts of international multilateral conventions and other instruments. The database is organized by subject as well as chronologically. Full-text searching is also available. Originally begun in 1992 to provide access to environmental agreements, the database now includes treaties in other fields as well. The major subject headings still reflect the emphasis on environmental agreements: they include "Atmosphere and Space," "Flora and Fauna--Biodiversity," "Marine and Coastal," and "Other Environmental." 

B. CD-ROMs and Online Commercial Databases

 HeinOnline Treaties and Agreements Library is a subscription collection of treaties and related materials. It includes United States Treaties and Other International Agreements (UST)Treaties and Other International Agreements Series (TIAS) Kav Agreements, International Legal Materials, Treaties in Force, Guide to Treaties in Force, and other useful treaty indexes. See http://heinonline.org/front/front-index for additional information.

 

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b. Case Law

1. Web Sites

E-Law's Legal & Scientific Resources page (http://www.elaw.org/resources/) provides access to environmental case law from around the world. 

European Environmental Law's case law page (http://www.eel.nl/index.asp?c_nr=3) provides access to European environmental case law, including selected national court decisions. 

2. Online Commercial Databases c. National Legislation, Regulations, and Policy Statements
National laws often contribute to the formation of customary international environmental law. In addition, national laws can indicate acceptance of such custom-based law in the absence of a treaty or other binding international agreement. However, identifying or confirming the existence of a particular country's environmental legislation poses quite a challenge. The Internet is fast becoming a good source for these foreign materials. 

1. Internet Sources

ECOLEX (http://www.ecolex.org/index.php)
ECOLEX is maintained by the United Nations Environment Programme and the World Conservation Union. In addition to providing access to environmental treaties, ECOLEX is a good source for national environmental legislation and court decisions.

E-Law's Legal & Scientific Resources page (http://www.elaw.org/resources/) provides access to environmental legislation from around the world. 

FAOLEX http://faolex.fao.org/faolex/
FAOLEX, maintained by the Food and Agriculture Association of the United Nations, contains a large collection of national laws and regulations on food, agriculture and renewable natural resources. The database includes abstracts and indexing information about each text, as well as the full text of most legislation contained in the database.

2. CD-ROMs and Online Commercial Databases

Thomas H. Reynolds & Arturo a. Flores,  Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World Like its revered counterpart in print, Foreign Law: Current Sources on CD-ROM and the Web provides an overview of each nation's legal system, official sources of legislation and judicial decisions, and a subject-specific guide to both official and commercial sources of law, including those translated into English. To identify environmental legislation in each country, look for sources listed under the subject heading ENVIRONMENTAL PROTECTION, along with FISHING & MARINE RESOURCES, MARITIME LAW (ADMIRALTY), MINERALS & MINING, and NUCLEAR ENERGY. See the W.S. Hein site (http://www.wshein.com) for information about ordering the CD-ROM version, and visit http://www.foreignlawguide.com for more about the Web version.

WESTLAW - The ENFLEX-INT database contains full-text translations of environmental statutes and regulations for a number of foreign jurisdictions. 
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V. SECONDARY SOURCES

1. Periodicals
Environmental law journals have embraced electronic publication, and a number provide either the full text or abstracts of articles on the Internet. 

a. Web Sites

Earth Negotiations Bulletin (linked from http:www.iisd.ca/linkages/) 
Published by the International Institute for Sustainable Development (IISD) (http://www.iisd.org/), the Earth Negotiations Bulletin provides daily coverage of official UN negotiations for environmental and development agreements. The bulletin is written and edited by a team of professionals from throughout the world. 

GreenLaw (Pace University College of Law; former title: Environmentally Friendly)
(linked from http://law.pace.edu/environment/) 
Full-text journal of the Pace Center for Environmental Legal Studies. 

International Environmental Agreements: Politics Law and Economics (http://www.springerlink.com/content/106601/)
This peer-reviewed journal focuses on achieving cooperative solutions to international environmental problems. The site provides abstracts, with full text available to subscribers and for a per-article fee to non-subscribers.

Journal of International Wildlife Law & Policy (http://www.jiwlp.com/) 
Web site includes abstracts and selected full-text articles in PDF 

LEAD (Law, Environment and Development Journal) (http://www.lead-journal.org/)
LEAD  is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the School of Law of the School of Oriental and African Studies (SOAS) – University of London and the International Environmental Law Research Centre (IELRC). The site provides access to abstracts and the full text of articles from 2005 to date.

b. Commercial Online Services

WESTLAW - The BNA International Environment Daily is located in the BNA-IED database. This daily journal reports and analyzes legislative, judicial and administrative activities that affect the environment worldwide. Sources for this database include activity in federal and international courts and legislatures, administrative agencies, and private organizations beginning in January 1991.  For environmental law reviews in Westlaw, use the ENV-TP database.  

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VI. OTHER RELATED SITES
Many of these sites contain links to official versions of primary sources. In addition, they may contain essays, press releases, directories, and other useful information. 

 The American Society of International Law‘s current awareness publication International Law In Brief (http://www.asil.org/ilibmenu.cfm) is  a free, bi-monthly email service. It carries analytical abstracts of significant documents reflective of the broad, contemporary nature of international law.

ASIL Insights Online is also available both on the ASIL Web site (www.asil.org/insights.htm) and as a free email service (about once a month).  Concise, unbiased essays outline the international law issues behind current events.

 ASIL Interest Group in International Environmental Law (http://www.asil.org/interest-groups-view.cfm?groupid=20) 
The International Environmental Law Interest Group focuses on the role of law in addressing international environmental issues. 

Center for International Environmental Law (CIEL)  (http://www.ciel.org) 
CIEL is a public interest, not-for-profit law firm focusing on strengthening and developing international and comparative environmental law, policy and management. CIEL provides access to many of its documents, including studies and articles, on this site. 

Environmental Law Alliance Worldwide (E-LAW) (http://www.elaw.org) 
E-LAW is a world-wide network of public interest attorneys, scientists and other advocates interested in international and domestic environmental law. The advocates exchange information concerning international environmental issues, with the aim of building local environmental law expertise. Most of these exchanges occur through e-mail and electronic conferencing.  The site features environmental law cases from around the world, mostly in English. 

Environmental Law Institute (ELI) (http://www.eli.org) 
The ELI is an independent, non-partisan, not-for-profit organization working to activate a broad constituency of nearly 4,000 environmental professionals in government, industry, the private bar, public interest groups, the media, and academia. They provide training programs, law and policy reform programs, and produce numerous publications, which can be ordered via the Web site. One of ELI's major program areas focuses on international environmental law issues.

International Environmental Law Research Centre (IELRC) (http://www.ielrc.org/) The IELCR, located in Geneva and New Delhi, serves as a forum for the development of legal and institutional frameworks that foster equitable and sustainable environmental management at the local, national and international level. The site provides access to articles, working papers, briefing papers and more on a variety of environmental topics, including biosafety, biodiversity, climate change, intellectual property, justice and human rights, and water.

International Institute for Sustainable Development (IISD) (http://www.iisd.org/) 
IISD works to promote sustainable development in decision-making internationally and within Canada. IISD publishes the Internet periodical Earth Negotiations Bulletin and hosts the Linkages site (http://www.iisd.ca/linkages), which is a multimedia resource providing timely coverage of conferences and updates re ongoing negotiations. 

Law and Policy Institutions Guide (http://www.lpig.org/environ.html) Selective list of links to environmental law web sites, including several international environmental law sites.

OCEANLAW (http://www.oceanlaw.net/) is a consulting service carrying research relating to international fisheries law and related law of the sea issues. The site provides publications and guides on fisheries law and oceans law.

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VII. ONLINE DISCUSSION LISTS
Online discussion lists provide a convenient forum for discussing issues with others interested in the same topic. A number of  lists focus on issues relating to international environmental law:

CLIMATE-L (moderated news and information distribution list on the United Nations Framework Convention on Climate Change; more information at http://sdgateway.net/mailinglists/list93.htm

EIA (Environmental Impact Assessment; moderated list for professionals in government, NGOs, academic & research institutions; more information at http://www.sdgateway.net/mailinglists/list55.htm

ENVLAWPROFESSORS@lists.uoregon.edu (Environmental Law Professors discussion list; subscription instructions at http://lists.uoregon.edu/listjoining.html

  

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 This page was revised and updated October 29, 2008.