Monday, July 2, 2007
Olawuyi on the role of Soft Law in the Emergence of International Law on Chemicals
Damilola Sunday Olawuyi, University of Calgary, has posted a new paper, The Emergence of International Environmental Law on Chemicals - An Appraisal of the Role of Soft Law. Here's the abstract: Since 1988 when the world first witnessed the menacing effects of the large scale dumping of toxic wastes in developing countries, several treaties, protocols and declarations have been released at regional and international levels to combat the effects of chemicals and their disposal across borders. This has led to a phenomenal growth in the body of laws governing the transboundary movement and disposal of hazardous chemicals. The important role of soft law in this evolution cannot be sidelined. This paper shows that soft law, though largely made up non binding declarations and pronouncements served as a useful tool, in establishing standards of behavior, in promoting sustainable policies and laying the proper foundation that ultimately led to the adoption different environmental treaties like the Basel Convention, Bamako Conventions, The Rotterdam (PIC) Convention and Stockholm (POPs) Convention amongst others. This paper offers an historical analysis of the international events that led to the development of International Environmental Law as it pertains to chemicals and the important roles of soft law in the evolution of these treaties and protocols.