تراكم المعايير الدولية للاتفاقيات البيئية، دراسة للتداخل والتناقض القانوني في القواعد البيئية

الملخص

Environmental regimes and institutions have developed independently, and in a fragmented manner, without a central authority or a binding international institution.  There are some debates about legal overlap of certain topics in international law, but no studies have been conducted or proposed a legal taxonomy or criteria for determining the sources of legal overlap and conflict in environmental law. This research will focus on explaining the nature of the overlaps, and will argue that the starting point for understanding this nature is the ways in which overlaps occur in the environmental framework, which consist primarily of environmental appliances- both state-based and international- and will identify these as primary sources of legal conflict. The findings help in identifying the factors that obstruct conflict resolution and recommend feasible ways of resolving legal conflicts. This study can help policy-makers in improving the effectiveness of environmental legal instruments by making them more consistent and avoiding contradictions in the text of the Multilateral Environmental Agreements (MEAs) in the negotiation process.  The aim of the study and its findings is, therefore, to fill the existing gaps in the environmental legal system, especially on the topic of congested rules. This can be done by adopting the criteria and basis of overlap suggested in this study, and bringing them to bear on the high level of fragmentation in the environmental fields. Finally, this research offers a legal approach to the creation of synergies, as well as suggestions for coordinating overlaps in the context of crowded MEAs.