From 'International' to 'Transnational' Environmental Law? A Legal Assessment of the Contribution of the 'Equator Principles' to International Environmental Law

This article assesses the contribution of a 'transnational', non-State actor agreement, namely, the 'Equator Principles', in terms of its possible contribution to both the making and implementation of international environmental law. It examines the provenance of the 'Equato...

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Bibliographic Details
Published in:Nordic journal of international law = Acta scandinavica juris gentium 2010, Vol.79 (1), p.35-74
Main Author: Ong, David
Format: Article
Language:English
Subjects:
Agreements
Environmental law
ENVIRONMENTAL PRINCIPLES
EQUATOR PRINCIPLES
International law
Principles
SOURCES OF INTERNATIONAL LAW
Studies
TRANSNATIONAL ACTORS
TRANSNATIONAL AGREEMENTS
Transnationalism
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Summary:This article assesses the contribution of a 'transnational', non-State actor agreement, namely, the 'Equator Principles', in terms of its possible contribution to both the making and implementation of international environmental law. It examines the provenance of the 'Equator Principles', as well as how far these Principles purport to interpret and apply important international environmental principles. While several formal difficulties remain to be overcome, this article considers the case for the inclusion of significant transnational, non-State actors like the Equator Banks and their agreements, such as the 'Equator Principles', within the international legal system as a further and alternative means of implementing these important environmental principles. [PUBLICATION ABSTRACT]
ISSN:0902-7351
1571-8107
DOI:10.1163/157181009X125812581245929604