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Additional Theoretical Legal Bases for the Integration of Science in International Environmental Law Without Any Constitutional or Procedural Amendment

  • Dionysia-Theodora Avgerinopoulou
Chapter

Abstract

There are some theoretical legal bases that could enable expert bodies to strengthen their input in IEL and promote science-based lawmaking without any constitutional or procedural amendment. For example, within the framework of intergovernmental organizations, the “implied powers” of an organization could possibly serve as an additional basis for an expert body to establish lawmaking competences, if it does not hold any such competence based on explicit provisions. Respectively, the repetitive phrase in multilateral agreements that the treaty-based bodies could take an “action required to achieve the purpose of the agreement”, even if such action is not explicitly described in the provisions of the agreement, could serve as an additional basis for expert bodies to issue new rules that would implement the agreement.

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Dionysia-Theodora Avgerinopoulou
    • 1
  1. 1.European Institute of Law, Science and TechnologyAthensGreece

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