Medvedіeva M. The realization of international environmental legal rules.

The thesis considers the general theoretical issues of international environmental legal rules realization, the peculiarities of norm-making in international environmental law, international conventional and institutional mechanisms of international environmental legal rules enforcement. The author analyzes the issue of international environmental legal rules implementation on national level and the issue of providing their effective realization. The author elaborates a classification of means of international environmental legal rules realization, dividing them on non-confrontational and confrontational ones. The non-confrontational means include: 1) information exchange, environmental impact assessment, affected state notification, consultations, reporting, monitoring, inspections, verification (informational means of realization); 2) technical and financial aid, scientific and technical cooperation, economic incentives/market mechanisms (scientific, technical and financial means of realization); 3) non-compliance mechanisms of multilateral environmental agreements; 4) diplomatic means of dispute settlement. The confrontational means include: 1) invocation of responsibility; 2) application of sanctions (countermeasures); 3) unilateral trade restrictions which are not sanctions; 4) dispute settlement by means of international courts. The thesis considers main factors facilitating and impeding effective realization of international environmental treaty and custom rules, the role of soft law in making and realization of international environmental legal rules. The author presents her system of international environmental law principles, puts forward the definitions of non-compliance procedures and international environmental disputes. Having analyzed the external competence and rule-making powers of environmental institutional arrangements the author draws to the conclusion that their activity comprises some elements of supranationality and some degree of autonomous will. The author contributes into Ukrainian legal science by providing the analyses of non-state actors' place in making and implementing international environmental legal rules as well as projects of setting international environmental organization and international environmental court. The thesis considers the issue of fragmentation of modern international law and the place of international environmental law in it; international law effectiveness and presents the means of improving making and implementing international environmental legal rules on universal, regional and national levels. The author elaborated a draft environmental code of Ukraine.