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Author : James Barros,Douglas M. Johnston
Publisher : New York : Free Press
Page : 504 pages
File Size : 48,6 Mb
Release : 1974
Category : Law
ISBN : UCAL:B4977146
Author : R. A. Malviya
Publisher : Unknown
Page : 512 pages
File Size : 46,9 Mb
Release : 1987
Category : Environmental law, International
ISBN : CORNELL:31924073130555
Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 42,5 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951178
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Author : S. Jayakumar,Tommy Koh,Robert Beckman,Hao Duy Phan
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 40,8 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781784715793
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
Author : Daniel Barstow Magraw
Publisher : University of Pennsylvania Press
Page : 388 pages
File Size : 42,5 Mb
Release : 2016-11-11
Category : Law
ISBN : 9781512804003
The topic of the essays in this book, the threat posed to our environment by various sources and types of pollution, is a matter of serious and growing concern. The contributors are leading international experts from a variety of legal systems and backgrounds and include Andronico Adede, Ian Brownlie, Pierre-Marie Dupuy, Johan Lammers, and Paul Szasz. International Law and Pollution provides an overview of international legal principles and institutional efforts relevant to pollution and then focuses on two particularly acute problems: nuclear pollution and acid rain. A variety of substantive issues must be confronted in order to deal with the full range of international pollution, and various institutional approaches must be utilized in the prevention, cleanup, and compensation efforts. For example, pollution from nuclear accidents results from a single event, whereas acid rain is a product of chronic emissions; the legal and policy concerns differ accordingly. In the overview, Daniel Barstow Magraw discusses fundamental concepts of international pollution, analytic distinctions among types of pollution, paradigmatic responses to pollution, and the relationship among environmental protection, economic development, and human rights. Other authors examine the existing and evolving principles of customary international law relevant to pollution, the U.N. International Law Commission's work on international liability and international watercourses, and a practitioner's perspective. The chapters on nuclear pollution analyze the conventional regimes and customary principles applicable to this field (including the Chernobyl disaster) and the determination and measurement of damages. Finally, the chapters on acid precipitation summarize the scientific background of the problem and present the multilayered European efforts to control acid rain as well as the Canada-United States acid rain controversy. International Law and Pollution will be of interest to scholars and students of environmental law and international law.
Author : Gabriela Argüello
Publisher : Routledge
Page : 322 pages
File Size : 47,5 Mb
Release : 2019-07-22
Category : Law
ISBN : 9780429602085
Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
Author : Patricia W. Birnie,Alan E. Boyle,Catherine Redgwell
Publisher : Oxford University Press
Page : 889 pages
File Size : 40,5 Mb
Release : 2009
Category : Law
ISBN : 9780198764229
Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.
Author : Tarcísio Hardman Reis
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 50,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134370
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Author : David Freestone,Ellen Hey
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 48,5 Mb
Release : 1996-01-01
Category : Law
ISBN : 9789041101433
Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.
Author : Rebecca M. Bratspies,Russell A. Miller
Publisher : Cambridge University Press
Page : 6 pages
File Size : 49,6 Mb
Release : 2006-08-14
Category : Law
ISBN : 9781139458436
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.
Author : Cees Flinterman,Barbara Kwiatkowska,Johan G. Lammers
Publisher : BRILL
Page : 400 pages
File Size : 48,7 Mb
Release : 1986-01-01
Category : Law
ISBN : 9024732859
This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). Numerous regional instruments included are: those of the UN ECE, OECD, EEC & other organizations of the industrialized states; instruments related to Antarctica; & to the major developing state regions (Africa, Latin America & the Caribbean, South Atlantic Zone, Asia & the Pacific), including the 1998 ACP-EEC Lome IV Convention & the 1991 OAU Bamako Convention. Two US treaties on hazardous waste export controls with Mexico & Canada form notable instances of bilateral measures. Some documents of Greenpeace & other non-governmental organizations are also added. An incisive Editors' Introduction & a comprehensive general index provide the reader with easy access to these vital instruments. This timely work aims to clarify & aid the increasingly intricate international debate on hazardous waste production & disposal, & reduce the conflict between North & South on the export of such waste to Third World countries. In addition, the prospects of South-South traffic, as developing states push towards industrialization, underline the urgent need for prompt & tough action. The Editors Barbara Kwiatkowska & Alfred Soons, both experienced authors on international law issues have been guided in the preparation of this unique collection by several outstanding experts, members of the Volume's Advisory Board, including Francis Njenga, S ecretary-General, Asian-African Legal Consultative Committee , New Delhi, Peter Sand, Principal Legal Officer, UNCED-Geneva, Henri Smets, Environment Directorate, OECD, Paris, Lee A. Kimball, Senior Associate, World Resources Institute, Washington, D.C. , Hans Lammers, Deputy Legal Adviser, Netherlands Foreign Office, The Hague & Iwona Rummel-Bulska, Chief, Environmental Law & Institutions Unit & Coordinator of the Basel Convention, UNEP-Nairobi/Geneva. The leading role of UNEP in seeking satisfactory solutions to the new environmental problems raised by hazardous wastes is accentuated in the Preface to the book by the honourable Dr Mostafa K. Tolba, E xecutive-Director of UNEP. The 'collective approach is' as he rightly put it 'our only option to care & share the only one Earth'.
Author : Phoebe N. Okowa
Publisher : Unknown
Page : 278 pages
File Size : 50,5 Mb
Release : 2004
Category : Electronic books
ISBN : OCLC:1140355242
State Responsibility for Transboundary Air Pollution in International Law systematically analyses the unique nature of problems that transboundary air pollution presents in international law. Although an attempt is made to present transboundary air pollution as a unified field, a distinction is made between pollution from industrial and related sources, and those from nuclear operations, given the very serious nature of risks that nuclear pollution presents. The book extensively considers existing regulatory frameworks as found in treaty regimes and non-binding instruments. The role as well as the shortcomings of traditional international law, especially the application of principles of state responsibility to problems involving multiple actors, and which cannot therefore be easily accommodated within the present bilateral framework of dispute resolution in international law is given extended treatment. The potential role of institutions charged with supervising compliance is also undertaken and the status of emergent principles is critically assessed. The issues examined in this book are of much contemporary relevance and will appeal to those interested in the legal aspects of transboundary air pollution as well as those concerned with the general issues surrounding the application of international law to environmental problems.
Author : Arie Trouwborst
Publisher : Springer
Page : 400 pages
File Size : 42,9 Mb
Release : 2002-02-27
Category : Law
ISBN : STANFORD:36105060711335
The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, In turn, Is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. The book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. This manuscript was awarded the François Prize 2001 by the Netherlands Society of International Law / Netherlands Branch of the ILA. `[The precautionary principle] has been cited in an increasing number of legal proceedings, including those in the International Court of Justice, The International Tribunal For The Law of the Sea And The WTO Appellate Body, As well as in the courts of a large number of states, including the supreme courts of India and Canada.' (from the Preface by the Series Editors)
Author : Michael G. Faure,Song Ying
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 47,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848445000
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Author : Allen L. Springer
Publisher : Praeger
Page : 244 pages
File Size : 43,5 Mb
Release : 1983-11-03
Category : Law
ISBN : UOM:39015048925203
