ABSTRACT

This chapter considers the failure of the international legal system to provide adequate mechanisms for global environmental governance. It discusses some proposals for change to environmental governance that could flow from existing institutions and developments. The chapter describes the development of a specialist environmental tribunal to resolve environmental disputes are discussed as a proposed change to environmental governance. It also covers the possible development of an international human right to a healthy environment, to provide an interim focus for changes to global environmental governance. Global governance for the protection of the environment could be reformed in the near future in four key ways that are elaborated. First, the role of key institutions such as United Nations Environment Programme (UNEP) and Commission on Sustainable Development (CSD) could be improved. Secondly, nongovernmental organisations (NGOs) could be permitted to participate in litigation concerning international environmental disputes and to have their views recognised by international environmental organisations.