Malone, Linda A. --- "Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming" [2011] ELECD 309; in Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood (eds), "Compliance and Enforcement in Environmental Law" (Edward Elgar Publishing, 2011)

Book Title: Compliance and Enforcement in Environmental Law

Editor(s): Paddock, Lee; Qun, Du; Kotzé, J. Louis; Markell, L. David; Markowitz, J. Kenneth; Zaelke, Durwood

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448315

Section: Chapter 5

Section Title: Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives Against Global Warming

Author(s): Malone, Linda A.

Number of pages: 46

Extract:

5. Enforcing International Environmental
Law through Domestic Law Mechanisms
in the United States: Civil Society
Initiatives Against Global Warming
Linda A. Malone*


1. INTRODUCTION

Civil society now has an array of mechanisms and strategies for effective
enforcement of international environmental law. It is no longer correct to
conclude that enforcement is the province only of nation-states, with civil society
as merely the third-party, incidental beneficiary of whatever measures states
choose to take or, even more problematic, the victim of the state's inaction.
Instead, individuals, community groups, non-governmental organization (NGOs),
and international organizations, among others, can play a pivotal role in
monitoring and enforcing established and emerging norms, a role that is not
dependent on state support or initiation. This role is especially vital when it is a
state or group of states themselves that are the perpetrators of environmental
degradation.
This chapter briefly sets forth the most widely available and useful of these
strategies and mechanisms at an international and regional level, but also focuses
on the national or local fora and remedies that may exist within the United States.
The effectiveness of any particular strategy will be largely fact-dependent upon
the environmental problem to be addressed. In addition, it is important to proceed
on all available fronts with an integrated strategy that makes full use of all
international and domestic opportunities. Finally, because of the uniqueness of
various fora, it is essential that complainants consult appropriate individual
experts when undertaking these strategies.




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