Transboundary Harm In International Law

Author: Rebecca M. Bratspies
Publisher: Cambridge University Press
ISBN: 1139458434
Size: 32.87 MB
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This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

The Prevention Principle In International Environmental Law

Author: Leslie-Anne Duvic-Paoli
Publisher: Cambridge Studies on Environment, Energy and Natural Resources Governance
ISBN: 1108429416
Size: 60.90 MB
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The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

Cases Of Conflict

Author: Allen L. Springer
Publisher: University of Toronto Press
ISBN: 1442635193
Size: 58.18 MB
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Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law—both its content and its relevance become clearer in times of controversy—but conflict can also help shape the law. Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict examines six prominent case studies to demonstrate how transboundary disputes have influenced the development of international environmental law and policy. Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.

Global Approaches To Site Contamination Law

Author: Elizabeth Brandon
Publisher: Springer Science & Business Media
ISBN: 940075745X
Size: 48.52 MB
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The book describes the complex and variable laws addressing site contamination, reviewing existing international, regional and national law of relevance to site contamination. It also offers detailed case studies of national approaches to the issue, and goes on to explore avenues for promoting the development of comprehensive domestic laws on site contamination, with a focus on the role of international law and actors. A detailed discussion analyzes such variations as a binding international legal instrument, a non-binding instrument, and a model framework for site contamination management. The text includes recommendations regarding the key elements needed for regulating site contamination at the national level. The author also offers an appropriate and feasible timetable for international action to promote better national law and policy regarding contaminated sites.

The Rio Declaration On Environment And Development

Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Size: 11.17 MB
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Prior Informed Consent And Hazardous Trade

Author: David Langlet
Publisher: Kluwer Law International
ISBN: 9041128212
Size: 52.47 MB
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This ground-breaking study is the first book to take a comprehensive approach to the subject of transboundary shipments of hazardous substances and the instruments employed for regulating such shipments. It fully explains which types of trade regulating instruments are employed by which agreements, and then goes on to evaluate the pros and cons of these instruments with respect to their compatibility with international legal norms, especially WTO law. Taken in conjunction with other trade-regulating measures, this analysis assesses the PIC concept/ procedure from three perspectives: its effect on state sovereignty, its potential for enhancing environmental and health protection in importing states, and its relationship with the free-trade regime, represented primarily by the GATT and the SPS and TBT Agreements of the WTO. The analysis also includes coverage of the pertinent export laws of the EU and the United-States, and of the export and import laws of India pertaining to potentially hazardous substances and products.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 53.20 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

The Oxford Handbook Of Environmental History

Author: Andrew C. Isenberg
Publisher: Oxford University Press
ISBN: 0199394474
Size: 26.69 MB
Format: PDF
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The field of environmental history emerged just decades ago but has established itself as one of the most innovative and important new approaches to history, one that bridges the human and natural world, the humanities and the sciences. With the current trend towards internationalizing history, environmental history is perhaps the quintessential approach to studying subjects outside the nation-state model, with pollution, global warming, and other issues affecting the earth not stopping at national borders. With 25 essays, this Handbook is global in scope and innovative in organization, looking at the field thematically through such categories as climate, disease, oceans, the body, energy, consumerism, and international relations.

Transboundary Pollution

Author: S. Jayakumar
Publisher: Edward Elgar Publishing
ISBN: 1784715794
Size: 75.30 MB
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This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in