The domestic analogy and international environmental law: A critical assessment of the reliance on international law

Abstract

Increasingly, international law is used to address a variety of issues that do not fit nicely within political boundaries. Therefore, we must remain critical of the use of international law to address issues such as climate change. In order to do so this article will look at the domestic analogy and how it has shaped our understanding and expectations of the use of international law. In several respects, the international system mirrors domestic society. Yet, there are very real and significant differences that hamper our ability to effectively use international law to address these issues. As global capitalism expands and reaches ever-further corners of the world, practical problems continue to escalate and repercussions become increasingly serious and irreversible. These practical problems carry with them equally important ethical issues. Perhaps international law as currently conceived and applied is incapable of adequately addressing such issues.