CYIL vol. 13 (2022)

JAN ONDŘEJ CYIL 13 ȍ2022Ȏ de Janeiro convention in 1992 until the present. It is characterized by the completion of the current form of the international law of the environment based on the Rio Declaration (The Rio Declaration on Environment and Development), United Nations Framework Convention on Climate Change, and The Convention on Biological Diversity, that were concluded at the Rio de Janeiro convention and some new customary laws in the area of the protection of the environment that were established on the basis of long-term observation of agreement norms. The author also deals in this chapter with the current situation of the process of the influence of “environmentalization” on the public international law. He correctly states that many of the rules in these agreements have a character of the soft law , i.e., state the program obligations of individual states to reach the target set in the agreement. The customary law institute of responsibility of states for internationally wrongful acts can be applied only in a limitedmeasure (p. 43).We can also agree with the statement that – considering the character of international law of the environment – it is almost impossible to apply the institute of enforcement (sanctions) because if applied on the form of suspending the international agreement it would lead to the liquidation of the object and aim of the agreement (p. 43). We could also agree and believe it should be more stressed with the conceptual exclusion of so-called reciprocal countermeasures. The interdependent rules are used here. The use of reciprocal countermeasures is similarly excluded in the area of human rights, international humanitarian law, disarmament, and so on. (reviewer´s comment). J. Jankuv correctly states the role of enforcement measures could be replaced by the control measures which can play a very important role in the observance of the agreed norms. The monograph dedicates one sub chapter to these control measures. Towards the end of the first chapter prof. Jankuv states that “the process of increasing influence of the “environmentalization” on public international law is connected with the process of establishment and growth of international law of the environment as a special branch which exists in close interaction with general institutes of the public international law and in interaction with a number of its branches. The system of international law of the environment therefore in some way copies the system of public international law as such (p. 44). The author of the monograph also illustrates how the norms of the international law of the environment blend through the whole of public international law both in the general institutes of public international law as well as in the individual branches of public international law. The second chapter deals with the general institutes of the international law of the environment. Apart from the concept, subject, and system of the international law of the environment the chapter contains subjects, sources, and rules of the international law of the environment. The issue of the application of the international institutes of responsibility and liability and peaceful resolution of conflicts in the area of the international law of the environment are also dealt with in this chapter. In the part devoted to sources, there also are included unilateral acts of states (p. 74). The reviewer believes that only a few of these acts are legally binding and if so, have only a complementary character. The acts of international organizations can be considered as more important. Also, the general legal measures which are considered by parts of the doctrine as additional sources, play a part in international law. The reviewer considers them of a rather

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