CYIL vol. 13 (2022)

JAN ONDŘEJ CYIL 13 ȍ2022Ȏ and rightly uses the term “environmentalization” of public international law. On the other hand, the monograph unfortunately does not include the considerations on the protection of the environment in relation to international economic law. That would make the monograph even more complex. The chapter contains a number of useful conclusions For example, on p.213 it states that the principle of prevention which requires an obligation to consider all planned activities from the perspective of a potential effect on the environment and the obligation of states to monitor their environment already exists in a customary form and as the International Court of Justice ruled in the case Pulp Mills (Argentina v. Uruguay) of 2010 the ICJ noted that the obligation to undertake an environmental impact assessment where there is a risk that the proposed activity may have a significant adverse impact in a trans-boundary context, has gained so much acceptance among States that it may now be considered “a requirement under general international law. The customary obligation including a possible environmental impact assessment is also explicitly expressed in Article 206 of the United Nations Convention on the Law of the Sea of 1982, in Article 8 of the Protocol on Environmental Protection to the Antarctic Treaty of 1991, and other agreements (reviewer’s remark). The three first chapters of the monograph, that concentrate on international protection of the environment are followed by two further chapters. In the fourth chapter the author deals with the influence of environmentalization on public international law in respect to the law of the European Union. Considering how much attention the protection of the environment plays in the European Union the inclusion of this theme is obvious and logical. Another reason is the influence of the law of the European Union on the domestic law of individual member states (i.e., the Slovak Republic). Of particular importance is the analysis of both the influence of public international law on the law of the European Union as well as the survey of differences and contributions of the European Union in the area of environmental protection. In the logical structure of the monograph there is also space for the question of the influence of public international law on the domestic law of the Slovak Republic in the area of environmental protection. The final part is a relatively concise conclusion of the work. The scientific monograph of prof. Juraje Jankuv can be evaluated as an exceptionally mature work of an author who is an expert in the given area and has dealt with the topic for many years. The work is comprehensive with compendious text which contains a number of international norms, particularly in international conventions, agreements, and customary law but also a list of documents of soft law and considerations de lege ferenda . The work contains an extensive judicature of the international courts, arbitration, and other institutions as well as an extensive list of works of doctrine. Sources of the law of the European Union and national law are also included. Jan Ondřej

* Jan Ondřej , is Professor of International Law at the Charles University Law School in Prague and at the Private University College AMBIS in Prague.

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