Mind the (Justiciability) Gap: Non-Judicial Remedies and International Legal Accountability for Environmental Damages

International audienceThe " global governance " paradigm has considerably modified the way responsibilities, in the broad sense of the word, are considered at the international level. Global governance is indeed a multi-faceted notion that intends to go beyond the traditional governmental decision-making patterns in order to reflect the complexification of the decision-making fora, actors and processes that address certain globalized issues. It refers to " the sum of many ways, individuals and institutions, public and private, manage their common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and cooperative action taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements that people and institutions either have agreed to or perceive to be in their interest. " In many respects, the global governance approach reveals phenomena that hardly fit in the international law framework and can hardly be phrased in terms of international law proper