RAUDHAH BINTI MAZMAN

A146450
DISCUSSION 1
PUBLIC INTERNATIONAL LAW II
Boyle, A., 'Relationship between International Environmental Law and
other Branches of International Law' in Bodansky, D., Brunnee, J. & Hey,
E. (eds.) (2007) The Oxford Handbook of International Environmental
Law. Oxford: OUP.
In that chapter, the author argues for a certain technique in integrating
various treaties especially in dealing with issues of International
Environmental concerns. What is this technique / method and how to
use it in IEL issues?

There are various treaties associated with the International Environmental Law,
therefore there is a need for technique of interpretation in order to avoid conflict
between sources. Based on Article 33(3) (c) of the Vienna Convention, in
interpreting a treaty account shall be taken of any relevant rules of international
law applicable in the relations between the parties. There are 3 technique
stated in the article which is the: evolutionary interpretation, precautionary
interpretation and sustainable development.
The first technique is the evolutionary interpretation which is accepting the
primary necessity of interpreting an instrument in accordance with intentions of
parties at the time of its conclusion, ICJ acknowledged that treaties are to be
interpreted and applied within framework of the entire legal system prevailing at
the time of interpretation. In order to interpret the phrases according to the
current general law applicable nevertheless it must also not be inconsistent with
the spirit of the treaty. The question at issue was not the general revision or
interpretation of treaty, but each case was concerned with the interpretation of
particular provisions or phrases which needs to refer to current general
international law. This enables treaty provisions to change and develop as the
general law itself changes without the need for any amendments. It is important
to note that under evolutionary interpretation it is based on the intention of the
parties and the result must remain faithful to the ordinary meaning and context
of the treaty.

The next method is precautionary principle. This is included as Principle 15 of the

Rio Declaration 1992. This approach helps us identify whether a legally
significant risk exists by addressing the role of scientific uncertainty. Such
example of precautionary approach is obligation to do environmental impact
assessment, general obligation to take measures to prevent, reduce and control
pollution and responsibility of states for the protection and preservation of the
marine environment.

Lastly is the sustainable development. Its defining role in the evolution of

international law and policy on the protection of the environment secured near
universal endorsement. Principle 27 of 1992 Rio Declaration specifically is about
the sustainable development. The sustainable development is concerned about
the balance between economic development and protection of the environment.

Hence, there are many techniques as discussed above. This techniques is useful
since international environmental law keep changing following the modernization
therefore it is essential for the treaty to keep up with it without changing or
amending the treaty.