This chapter discusses the emergence of environmental principles in the field of international climate law, with a focus on the UNFCCC and the Paris Agreement. In addition, the discussion of international climate law principles by scholarship is reviewed, thereby focusing on International Law Association findings and the so-called Oslo Principles. This scholarly discussion provides elaborated and varying ideas on the potential meaning and application of the principles as referred to in the climate treaties. Furthermore, the role of national case law in view of international climate law principles is briefly highlighted, with specific attention to the possible bottom-up emergence of a new climate law principle for dealing with global climate change in domestic courtrooms. Finally, the conclusion points at the guiding nature of principles, and, in view of this, at the importance of the use of methodology in legal scholarship when discussing the content and role of the principles.
|Title of host publication||Principles of Environmental Law|
|Editors||Ludwig Krämer, Emanuela Orlando|
|Place of Publication||Cheltenham|
|Publisher||Edward Elgar Publishing|
|Publication status||Published - 2018|
|Series||Elgar Encyclopedia of Environmental Law|
Peeters, M. (2018). Environmental principles in international climate change law. In L. Krämer, & E. Orlando (Eds.), Principles of Environmental Law (pp. 509-524). Edward Elgar Publishing. Elgar Encyclopedia of Environmental Law, Vol.. VI