Publication Details
Abstract
Without a primary authority or international institution, the body of environmental regimes and institutions have extended with reduction and individually way to operate. despite a few debates on the legal overlap on certain subject matter within the body of international law, no study has offered legal criteria or method that helps to diagnosis the source of legal conflicts in the body of environmental law. This research and in order to illustrate the type of overlap, offer an assessment to understand how this overlap established between environmental instruments and defined that both states and international institutions are the sole source of legal conflict within environmental body. These findings would facilitate the identification of obstacles that hamper the resolution of the problem and finding of practical solution embodied in managing the legal conflict. This study can help policy-makers in improving the performance of environmental legal instruments by implementing the text to eschew any contradictions within the Multilateral Environment Agreements MEAs during the negotiation phase. Therefore, this study and its findings to focus on filling in the gaps in the environmental legal system regarding the situation of congested rules. This can be approached by adopting the basis and criteria of overlap offered by this study and modeling them to face the wide separation of the environmental fields. Then, this research would offer a legal method to approach a synergies and recommendation for such overlap on congested MEAs