Assessment of the effectiveness of international legal mechanisms for environmental protection: Environmental issues in the practice of international courts
Year: 2025
Type: article
Abstract: This study aimed to examine international legal standards and the practices of international judicial bodies in the field of environmental protection. To achieve this aim, methods of structural, comparative- legal, and hermeneutic analysis were applied. It was established that the majority of international legal instruments, such as conventions and recommendations, rely on voluntary compliance, which significantly limits their practical effectiveness. Nation states retain the right to determine independently the means of fulfilling their international obligations, particularly in cases where such obligations may conflict with national sovereignty. However, international judicial institutions dealing with interstate disputes often demonstrate limited effectiveness in ensuring the protection of individual environmental rights, due to protracted proceedings and the limited impact of their decisions. It was noted that during wartime and in post-conflict recovery, financial and human resources are typically redirected towards rebuilding infrastructure and providing humanitarian assistance, which may reduce attention to the implementation of international environmental standards. Without adapting general norms to specific conditions, their implementation may prove ineffective or even counterproductive, thereby diminishing their practical utility in environmental protection. Emphasis was placed on the importance of establishing an environmental court in Ukraine as a means of strengthening environmental justice. The experience of the United States of America in environmental regulation has demonstrated the importance of establishing an effective hierarchical system of state bodies that ensures a balance between federal and local levels, alongside the introduction of mechanisms for public oversight. It has been established that drawing on international experience, integrating international standards, and implementing effective monitoring systems are critically important for enhancing environmental security and promoting sustainable development in Ukraine
Source: Law Human Environment
Authors: Viktor Ladychenko, Stanislav Yankovskyi, Bogdan Yarynko
Language: English
Subfield: Management, Monitoring, Policy and Law
Field: Environmental Science
Domain: Physical Sciences
Open Access status: hybrid
OpenAlex ID: W4415402095