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Leheza, et al.

particular nomenclature utilized to designate the treaty international legal instruments, and collaborating with
is inconsequential to its status. 11 diverse international bodies focused on environmental
An important point is the need to clarify the concerns.
relationship between the concepts of “international legal European Union international treaties function
acts” and “international treaties.” These terms are often as sources of norms for two distinct legal systems
used interchangeably by both theorists and researchers concurrently, international (public) law and Community/
in specific areas of law, especially when analyzing Union law. As a source of international rights and
Ukrainian legislation. That is why the legislator uses the obligations, these treaties are binding not only on the
term “international treaties” (for example, in the Law of community itself but also on each individual member
Ukraine on International Treaties of Ukraine). state. 14
International legal acts as sources of environmental An equally important role in the system of sources of
law are characterized by the stability of their norms, environmental law of Ukraine is played by decisions of
which ensures the stability of the international legal international courts and arbitrations. These decisions can
order. The peculiarity of the state-legal procedure for the be used as a source of law in resolving environmental
registration of consent to be bound by an international disputes. This is relevant when national legislation does
treaty, in the form of ratification and signing, gives not contain clear norms for resolution, and decisions
contractual norms additional authority in the domestic of international courts and arbitrations can create
legal system and facilitates their interaction with precedents, which are then used by courts and other
national law. 12 authorities when solving similar problems.
The application scope of environmental law differs International court and arbitration rulings can
from criminal, financial, administrative, and labor law serve as tools to safeguard citizens’ environmental
in its transnational nature. The system of international rights. A compelling illustration of this is found in the
treaties in the field of environmental protection consists Dubetska and Others versus Ukraine case (application
of: No. 30499/03, decision of February 02, 2011). Here,
(i) Global treaties: These treaties are universal and residents of Vilshyna village (Lviv region) repeatedly
open to participation by all states of the world (the lodged complaints with state officials regarding health
Convention on Biological Diversity, the Convention and property damage stemming from environmental
on the Conservation of Wild Fauna and Flora, and pollution attributable to the Chervonogradska
Natural Habitats in Europe Bern Convention). enrichment factory. 15
(ii) Regional treaties: These treaties are concluded Acknowledging the factory’s detrimental effects
between states of the same region and concern on the applicants’ lives, the authorities repeatedly
specific environmental problems characteristic mandated the relocation of these individuals away from
of this region (Framework Convention on the the contaminated area. Nevertheless, this relocation
Protection and Sustainable Development of the never took place. In the view of the European Court
Carpathians, Convention on the Protection of the of Human Rights (ECtHR), a sufficiently robust link
Black Sea against Pollution). existed between the polluting emissions and the state,
(iii) Bilateral treaties: These treaties are concluded thus triggering the potential for state liability under
15
between two states and regulate environmental Article 8 of the Human Rights Convention.
issues concerning their common interests The ECtHR acknowledges that member states
(Agreement on Cooperation between the Cabinet enjoy considerable discretion when fulfilling their
of Ministers of Ukraine and the Government of the environmental responsibilities under Article 8 of the
Republic of Turkey in the Field of Forestry). 13 Convention. Thus, it would be overreaching to declare
an absolute right for the complainants to receive new,
Generally speaking, international treaties constitute state-funded housing. Nonetheless, the grievances
a particular category within the sources of European presented by the applicants, invoking Article 8,
law. They establish the international commitments could potentially have been adequately addressed by
of the European Communities, the European Union, effectively resolving the environmental issues. 16
and their respective member states. The European Overall, it is evident that throughout the pertinent time
Community is exhibiting a growing presence in shaping frame, both the mine and the factory were operated in
international environmental law, actively participating defiance of existing national environmental regulations.
in international conferences and negotiations, signing Moreover, the government failed to assist the applicants’

Volume 22 Issue 3 (2025) 156 doi: 10.36922/AJWEP025160118