Saloni Malhotra, The International Crime that Could Have Been but Never Was: An English School Perspective on the Ecocide Law, 9 AMSTERDAM L.F. 49 (2017).
This article applies the English School theory to explain the failure of efforts to establish ecocide as the fifth core international crime in the Rome Statute. Malhotra argues that while there is an emerging norm of environmental responsibility in international politics, the way this norm has been codified into law has been influenced by two, arguably stronger norms: the market and human rights. These two institutions of the international society have constrained the emergence of the norm of environmental responsibility. This has resulted in the establishment of utilitarian and anthropocentric environmental laws, rather than ecocentric laws, as advocated by environmental lawyer Polly Higgins.