Global Regulatory Standards In Environmental And Health Disputes

Author : Caroline E. Foster
Publisher : Oxford University Press
Page : 417 pages
File Size : 41,5 Mb
Release : 2021
Category : Law
ISBN : 9780198810551

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Global Regulatory Standards in Environmental and Health Disputes by Caroline E. Foster Pdf

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

Author : Christina Voigt,Caroline Foster
Publisher : Unknown
Page : 530 pages
File Size : 43,6 Mb
Release : 2024-02-14
Category : Law
ISBN : 9781009373890

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International Courts Versus Non-Compliance Mechanisms by Christina Voigt,Caroline Foster Pdf

This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.

Author : David Vogel
Publisher : Harvard University Press
Page : 342 pages
File Size : 41,6 Mb
Release : 2009-06-01
Category : Reference
ISBN : 0674044681

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Trading Up by David Vogel Pdf

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

Author : Trish Kelly
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 51,5 Mb
Release : 2007
Category : Business & Economics
ISBN : STANFORD:36105123351368

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The Impact of the WTO by Trish Kelly Pdf

Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.

Author : Rebecca Schmidt
Publisher : Cambridge University Press
Page : 0 pages
File Size : 40,8 Mb
Release : 2020-02-27
Category : Law
ISBN : 1108445535

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Regulatory Integration Across Borders by Rebecca Schmidt Pdf

This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.

Author : World Health Organization
Publisher : World Health Organization
Page : 82 pages
File Size : 48,7 Mb
Release : 2008-12-15
Category : Medical
ISBN : 9789241580410

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International Health Regulations (2005) by World Health Organization Pdf

In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.

Author : Joshua Paine
Publisher : Cambridge University Press
Page : 369 pages
File Size : 46,5 Mb
Release : 2024-05-30
Category : Law
ISBN : 9781108493499

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The Functions of International Adjudication and International Environmental Litigation by Joshua Paine Pdf

Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.

Author : Anonim
Publisher : BRILL
Page : 286 pages
File Size : 49,6 Mb
Release : 2022-12-28
Category : Law
ISBN : 9789004529953

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New Zealand Yearbook of International Law by Anonim Pdf

The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2020 to 31 December 2020.

Author : Margherita Melillo
Publisher : Cambridge University Press
Page : 372 pages
File Size : 47,6 Mb
Release : 2024-01-31
Category : Law
ISBN : 9781009354349

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Weaponising Evidence by Margherita Melillo Pdf

Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.

Author : Francesco Sindico,Makane Moïse Mbengue
Publisher : Springer Nature
Page : 615 pages
File Size : 41,9 Mb
Release : 2021-01-21
Category : Law
ISBN : 9783030468828

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Comparative Climate Change Litigation: Beyond the Usual Suspects by Francesco Sindico,Makane Moïse Mbengue Pdf

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Author : Hélène Ruiz Fabri,Edoardo Stoppioni
Publisher : Bloomsbury Publishing
Page : 704 pages
File Size : 40,5 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781509929054

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International Investment Law by Hélène Ruiz Fabri,Edoardo Stoppioni Pdf

Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

Author : International Institute for Sustainable Development
Publisher : International Institute for Sustainable Development = Institut international du développement durable
Page : 112 pages
File Size : 55,9 Mb
Release : 1996
Category : Science
ISBN : IND:30000057328316

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Global Green Standards by International Institute for Sustainable Development Pdf

Author : John F. McEldowney,Sharron McEldowney
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2014
Category : Environmental law
ISBN : 0857938207

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Environmental Regulation by John F. McEldowney,Sharron McEldowney Pdf

Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.

Author : Caroline E. Foster
Publisher : Cambridge University Press
Page : 401 pages
File Size : 50,6 Mb
Release : 2011-03-24
Category : Law
ISBN : 9781139500166

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Science and the Precautionary Principle in International Courts and Tribunals by Caroline E. Foster Pdf

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Author : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 48,8 Mb
Release : 2021-02-22
Category : Law
ISBN : 9789004444386

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Procedure and Substance in International Environmental Law by Jutta Brunnée Pdf

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.