Abstract
While the ‘Global Pact for the Environment’ endorsed by France did not provide a compelling link between its approach and a particular environmental problem, United Nations General Assembly (UNGA) Resolution 72/277 sets out a linear methodological approach by asking a working group to consider whether there are possible ‘gaps’ in existing environmental law and policy and, if so, to discuss possible options for addressing them. This article discusses the concept of a ‘gap’, identifies several types of gaps that could be included in the UNGA work and points to possible ways in which such gaps may be filled. It illustrates how States could analyse gaps using four possible cases, including the domestic implementation of international commitments, climate change, substantive environmental rights and ocean plastics. Rather than jumping to pursue an overarching agreement including legally binding principles, the article argues that Resolution 72/277 offers States the opportunity to step back and methodically consider the most important missing pieces in international environmental law and policy, and the best manner and forum to address them.
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