Environmental fairness in the context of public international law jus cogens rules

Abstract

The relationship between the environment and the jus cogens rules ofpublic international law is still being debated in the academia and by practitioners all around the world. This manuscript shows how central this issue is in terms not only of the focus the International Law Commission has placed on it, but also in terms of how Governments and entities around the globe are tackling the manner in which institutions and people deal with phenomena such as global warming. From the insights of some former judges of the International Court of Justice to the views of renowned practitioners, the article lays out different paths to address this urgent issue from the perspective of a country like Colombia. The paper covers a field of international economic law and is the result of an ongoing research related to the role of ethics and morals in contemporary public international law.