Procedure And Substance In International Environmental Law

Author : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 52,5 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.

Author : Neil Craik
Publisher : Cambridge University Press
Page : 358 pages
File Size : 53,7 Mb
Release : 2008-02-21
Category : Law
ISBN : 0521879450

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The International Law of Environmental Impact Assessment by Neil Craik Pdf

The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.

Author : Dionysia-Theodora Avgerinopoulou
Publisher : Springer Nature
Page : 419 pages
File Size : 48,6 Mb
Release : 2019-08-31
Category : Law
ISBN : 9783030214173

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Science-Based Lawmaking by Dionysia-Theodora Avgerinopoulou Pdf

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Author : Ellen Hey
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 50,8 Mb
Release : 2016-02-26
Category : Law
ISBN : 9781781954584

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Advanced Introduction to International Environmental Law by Ellen Hey Pdf

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: • Concise and compact overview • Discusses contemporary developments • Examines IEL’s relationship to other areas of international law • Considers the social-economic context.

Author : Sumudu Atapattu
Publisher : BRILL
Page : 564 pages
File Size : 51,7 Mb
Release : 2007-04-30
Category : Law
ISBN : 9789047440147

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Emerging Principles of International Environmental Law by Sumudu Atapattu Pdf

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Author : Jacob Werksman,James Cameron,Peter Roderick
Publisher : Routledge
Page : 463 pages
File Size : 46,9 Mb
Release : 2014-01-14
Category : Political Science
ISBN : 9781134170616

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Improving Compliance with International Environmental Law by Jacob Werksman,James Cameron,Peter Roderick Pdf

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Author : Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 51,9 Mb
Release : 2009
Category : Law
ISBN : 9067045578

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Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements by Tullio Treves,Attila Tanzi,Cesare Pitea,Chiara Ragni,Laura Pineschi Pdf

Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called “non-compliance mechanisms”, in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.

Author : Fitzmaurice, Malgosia,Wong, Meagan S.,Crampin, Joseph
Publisher : Edward Elgar Publishing
Page : 624 pages
File Size : 52,7 Mb
Release : 2022-04-22
Category : Law
ISBN : 9781785367816

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International Environmental Law by Fitzmaurice, Malgosia,Wong, Meagan S.,Crampin, Joseph Pdf

This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 597 pages
File Size : 42,8 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781108539975

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International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

Author : Neil Craik
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,9 Mb
Release : 2010-12-16
Category : Law
ISBN : 0521184061

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The International Law of Environmental Impact Assessment by Neil Craik Pdf

The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.

Author : Alexandre Charles Kiss,Dinah Shelton
Publisher : Unknown
Page : 284 pages
File Size : 55,5 Mb
Release : 1991
Category : Environmental law, International
ISBN : STANFORD:36105061114729

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International Environmental Law by Alexandre Charles Kiss,Dinah Shelton Pdf

Author : Peterson Kelly
Publisher : GRIN Verlag
Page : 28 pages
File Size : 55,8 Mb
Release : 2014-09-12
Category : Law
ISBN : 9783656741022

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International environmental laws and the concept of soft law by Peterson Kelly Pdf

Seminar paper from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Cambridge, language: English, abstract: Soft law regards to international norms that are deliberately non-binding in character, but are of great legal relevance. This has unique policies that lie between law and politics. Noticeable examples include resolutions by international organizations and global plans of actions of conduct. Soft laws operates under a different model from “hard law” that is associated with legally binding obligations. Furthermore, soft laws are characterized with less degrees of precision when compared with hard laws. Some scholars argue that soft law is ambiguous because its legal effects and its implication is often difficult to identify. Soft law mainly constitutes various part of the modern law-making process. International environmental regulations indicate a successful application of the soft law. Scholars believe that soft law outweighs the classical and familiar legal categories of law that form a platform of international regulations. Soft law is associated with various concerns; however, it has strategic mechanisms for imposing its proposals. The law is primarily structural in nature because it includes the existence and development of an organized network of permanent institutions at international and regional levels. Rio+20 conference provides a practical example of emphasize of soft law in the international environmental regulations. Studies indicate that the Rio+20 seminar on environmental sustainability did not create any successful agreements or commitments; however, it provided a global platform for discussing demanding issues in the effort to secure international sustainable development.

Author : Lavanya Rajamani,Jacqueline Peel
Publisher : Oxford University Press
Page : 1104 pages
File Size : 47,9 Mb
Release : 2021-08-06
Category : Law
ISBN : 9780192589033

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The Oxford Handbook of International Environmental Law by Lavanya Rajamani,Jacqueline Peel Pdf

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 597 pages
File Size : 51,6 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781108423601

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International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

Author : Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
Publisher : Oxford University Press
Page : 1233 pages
File Size : 53,9 Mb
Release : 2017
Category : Law
ISBN : 9780198745365

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The Oxford Handbook on the Sources of International Law by Samantha Besson,Jean D'Aspremont,Sévrine Knuchel Pdf

This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--