ABSTRACT

A consequence of neoliberal globalisation has been the devolution of state power to non-state actors. The traditional model of international law has shifted from ‘government’ to ‘governance’, challenging states as the sole agents in the establishment and implementation of international environmental agreements. Self-organised NGOs have become major sources of international environmental policy and legislation. Indigenous peoples have forged global solidarity movements and advanced an alternative ‘ethno-ecological identity’ which is inherently ecocentric and is fi nding its way into domestic bodies of law. This chapter explores these issues and also examines how international specialist courts deal with the unique considerations of environmental law.