The chapter explores the notion of inter-legality with specific reference to the protection of marine ecosystems in areas beyond national jurisdictions. Starting from the assumption that systemic integration - as a basic principle of international environmental law and a fundamental element of the general rule of treaty interpretation - is a useful tool to ensure the coordination of conflicting legal regimes and further a comprehensive approach to the conservation of marine ecosystems, the attention focuses on the practical application of this method by international jurisdictions. In particular, the Whaling in the Antarctic case, settled by the International Court of Justice in 2014, gives an opportunity to reflect on challenges posed by subordination clauses aimed at preserving ambiguity rather than fostering positive synergies for the harmony of the international legal system.

Inter-Legality and the Protection of the Marine Ecosystems / Pineschi, Laura. - STAMPA. - (2019), pp. 188-206. [10.1017/9781108609654]

Inter-Legality and the Protection of the Marine Ecosystems

Laura Pineschi
Writing – Original Draft Preparation
2019-01-01

Abstract

The chapter explores the notion of inter-legality with specific reference to the protection of marine ecosystems in areas beyond national jurisdictions. Starting from the assumption that systemic integration - as a basic principle of international environmental law and a fundamental element of the general rule of treaty interpretation - is a useful tool to ensure the coordination of conflicting legal regimes and further a comprehensive approach to the conservation of marine ecosystems, the attention focuses on the practical application of this method by international jurisdictions. In particular, the Whaling in the Antarctic case, settled by the International Court of Justice in 2014, gives an opportunity to reflect on challenges posed by subordination clauses aimed at preserving ambiguity rather than fostering positive synergies for the harmony of the international legal system.
2019
9781108609654
Inter-Legality and the Protection of the Marine Ecosystems / Pineschi, Laura. - STAMPA. - (2019), pp. 188-206. [10.1017/9781108609654]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11381/2852422
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