The Role of Non-Governmental Organizations in International Environmental Law

64 Pages Posted: 23 Mar 2013 Last revised: 26 Mar 2013

Date Written: March 21, 2013

Abstract

Non-governmental organizations (NGOs) play an essential role in promoting sustainable development. They are decisive actors in the formation of international law, sometimes even more than some states, so their actions must be described to understand the international legal-political arena. NGOs have become real actors in international law in proposing and negotiating new standards, such as the implementation and control of international environmental law. While such participation is sometimes visible, in most cases it is difficult to identify, especially in regard to the creation of law. The role of NGOs is based mainly on cooperation with states, businesses, and other NGOs, but also on confrontation.

As for the control of standards, on the national level, access to justice is always blocked by the non-recognition of the legitimacy of acting, both in Europe and in the United States, and the lack of information on environmental issues. The role of NGOs exists and is possible in both the countries of the South and those of the North, and some countries of the South, like Brazil, have no equivalent rules in other countries to promote access to justice for these NGOs. Thus, the independent evolution of the environmental movement in the South and in the North gave rise to distinct realities in these countries. Internationally, acceptance by international organizations is not homogeneous: the International Court of Justice shows itself to be more closed, while the WTO is beginning to open itself, if only offering restrictive rules of participation; and NAFTA lies between the agencies studied, more open to the participation of NGOs.

NGOs of the South, like those of the North, also contribute to reducing the growth of inequalities between the North and South, promoting development programs, whether funded by states or not, technology transfer, and the reduction of domestic inequalities in different countries. They participate, thus, in promoting values of international environmental law, such as sustainable development and risk control activities. These actions in the courts or elsewhere are directed against companies or governments. The actions of NGOs against companies touch on several areas, but in the case of biotechnology their intervention is most striking, in the late 90s and at the beginning of the 21st century.

To study the importance of NGOs, this paper has three parts. First, it presents multiple definitions of NGOs. In part 2, it examines whether NGOs are truly important and active actors in international environmental law, especially in cooperation with states. In part 4, we will show how they contribute to the construction of international environmental law in opposition to states.

Keywords: Non-Governmental Organizations, NGOs, International Law, International Environmental Law

JEL Classification: K32, K33

Suggested Citation

Varella, Marcelo Dias, The Role of Non-Governmental Organizations in International Environmental Law (March 21, 2013). Available at SSRN: https://ssrn.com/abstract=2237677 or http://dx.doi.org/10.2139/ssrn.2237677

Marcelo Dias Varella (Contact Author)

University Center of Brasilia ( email )

Programa de Mestrado e Doutorado em Direito
SEPN 707/907, Bloco III, Terreo, Asa Norte
Brasilia, DF 71607-050
Brazil

HOME PAGE: http://www.marcelodvarella.org

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