ABSTRACT
This chapter discusses the relationship between empirical state practice and normative concepts of justice in international law. It outlines some elements of a theory of justice vis-a-vis global environmental problems. The predominant notion of justice in legal science is the concept of 'formal justice', that is - in the words of John Rawls - justice as 'the impartial and consistent administration of laws and institutions, whatever their substantive principles'. Consequently, in actual state behaviour many international legal rules emerged that some parts of the community of states apparently do not regard as just, but that are binding even upon the complaining parties. The Montreal Protocol appears as a perfect example for just and equitable international environmental agreements, undisputed by all parts of the international community. In some cases, the reliance upon general principles of law may open the door to include considerations of justice in international law.
