There exist a growing number of treaties dealing with many, if not all, aspects of the human environment (see Chapter 20 ‘Treaty Making and Treaty Evolution’). A good number of these agreements are currently in force. Over the last four decades, such instruments have combined to create a dense network of conventional obligations; nonetheless, the place and role of customary international law remains of great importance in practice for several reasons.1 First, although they may be in force, many treaties remain for the most part unimplemented, or at best only...
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