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The Place of Customary Norms in Climate Law: A Reply to Zahar

The Place of Customary Norms in Climate Law: A Reply to Zahar In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the unfccc regime excludes the application of the no-harm principle when, in reality, the unfccc regime really seeks to facilitate the implementation of general international law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

The Place of Customary Norms in Climate Law: A Reply to Zahar

Climate Law , Volume 8 (3-4): 18 – Oct 31, 2018

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00803010
Publisher site
See Article on Publisher Site

Abstract

In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the unfccc regime excludes the application of the no-harm principle when, in reality, the unfccc regime really seeks to facilitate the implementation of general international law.

Journal

Climate LawBrill

Published: Oct 31, 2018

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