ABSTRACT
Anyone who studies international environmental law must give consideration to its special characteristics. In 1994, Professor Martti Koskenniemi wrote an insightful article in which he questioned whether it is ethically acceptable and strategically wise to read environmental protection values into international law. His article inspired me to contemplate what I was doing as a researcher. Is it not a legal scholar’s task to consider the benefit of society as a whole, not just to promote the prioritization of a particular value – in this case environmental protection? Is it strategically reasonable to claim that international law is already quite green, when the same system encourages business activities and promotes the development of free trade law? These remain important questions. If a legal scholar is already familiar with environmental law, is it not his or her duty to criticize the existing system instead of just defending it? Is it not a scholar’s duty to understand the reality of international environmental law as part of the broader context of international law and politics?
