Lecture on the Protection of the Atmosphere by the Special Rapporteur Shinya Murase
The Faculty's research group on International Law and Governance in cooperation with the research group on Natural Resources Law will be hosting an open lecture on the work of the UN International Law Commission on the Protection of the Atmosphere by the Special Rapporteur Shinya Murase.
Shinya Murase (photo: UN)
The International Law Commission (ILC) commenced its work on the “Protection of the Atmosphere” in 2014, and has considered the topic on the basis of the reports by the Special Rapporteur. So far, the ILC has elaborated several draft guidelines on the topic. The atmosphere, being a dynamic and fluctuating substance, needs to be treated as “One Atmosphere,” while the existing treaties are fragmented, leaving significant gaps in terms of geographic coverage, regulated activities, controlled substances and applicable legal rules.
Special Rapporteur’s Fourth Report on the topic in 2017 considers the question of “interrelationship” with other fields of international law, most notably, international trade and investment law, the law of the sea and human rights law. The work is in progress, which is expected to complete in 2020. It is hoped that the ILC’s set of guidelines on the Protection of the Atmosphere will be considered in the future as a basis for elaborating a framework convention, dealing with the questions of both transboundary air pollution and climate change in a comprehensive manner, that may be modeled after Part XII on maritime environment of the 1982 UN Convention on the Law of the Sea.