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Author : Caroline E. Foster
Publisher : Unknown
Page : 401 pages
File Size : 47,6 Mb
Release : 2014-05-14
Category : Environmental law, International
ISBN : 1139077260
How should uncertainties implicit in scientific evidence be dealt with in international legal disputes relating to health and the environment?
Author : Caroline E. Foster
Publisher : Cambridge University Press
Page : 401 pages
File Size : 47,8 Mb
Release : 2011-03-24
Category : Law
ISBN : 9781139500166
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 : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 55,6 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author : Edgardo Sobenes,Sarah Mead,Benjamin Samson
Publisher : Springer Nature
Page : 754 pages
File Size : 47,7 Mb
Release : 2022-06-01
Category : Law
ISBN : 9789462655072
This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.
Author : Simon Marr
Publisher : BRILL
Page : 267 pages
File Size : 42,6 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481503
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
Author : Elizabeth Charlotte Fisher,Judith S. Jones,René von Schomberg
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 48,9 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9781847201676
This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.
Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855
"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.
Author : Christina Voigt,Caroline Foster
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2023
Category : Climatic changes
ISBN : 1009373919
"The effective implementation of treaties is essential. This book examines the advantages of non-compliance mechanisms (NCMs) versus that of international courts and tribunals to support treaty fulfilment. It brings together globally-recognised names in international law, human rights law, environmental and climate change law, and trade law"--
Author : Jacqueline Peel
Publisher : Cambridge University Press
Page : 417 pages
File Size : 52,8 Mb
Release : 2010-11-04
Category : Law
ISBN : 9781139493239
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
Author : Serena Forlati,Makane Moïse Mbengue,Brian McGarry
Publisher : BRILL
Page : 273 pages
File Size : 41,7 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004428676
The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.
Author : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,5 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107142213
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 948 pages
File Size : 51,8 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Author : Valentina Vadi
Publisher : Routledge
Page : 250 pages
File Size : 47,7 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415507493
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
Author : Gitanjali Nain Gill
Publisher : Taylor & Francis
Page : 238 pages
File Size : 45,7 Mb
Release : 2016-11-10
Category : Business & Economics
ISBN : 9781317415619
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
Author : Robert E. Looney
Publisher : Routledge
Page : 462 pages
File Size : 40,6 Mb
Release : 2018-10-03
Category : Political Science
ISBN : 9781351046930
International trade has, for decades, been central to economic growth and improved standards of living for nations and regions worldwide. For most of the advanced countries, trade has raised standards of living, while for most emerging economies, growth did not begin until their integration into the global economy. The economic explanation is simple: international trade facilitates specialization, increased efficiency and improved productivity to an extent impossible in closed economies. However, recent years have seen a significant slowdown in global trade, and the global system has increasingly come under attack from politicians on the right and on the left. The benefits of open markets, the continuation of international co-operation, and the usefulness of multilateral institutions such as the World Trade Organization (WTO), the International Monetary Fund and the World Bank have all been called into question. While globalization has had a broadly positive effect on overall global welfare, it has also been perceived by the public as damaging communities and social classes in the industrialized world, spawning, for example, Brexit and the US exit from the Trans-Pacific Partnership. The purpose of this volume is to examine international and regional preferential trade agreements (PTAs), which offer like-minded countries a possible means to continue receiving the benefits of economic liberalization and expanded trade. What are the strengths and weaknesses of such agreements, and how can they sustain growth and prosperity for their members in an ever-challenging global economic environment? The Handbook is divided into two parts. The first, Global Themes, offers analysis of issues including the WTO, trade agreements and economic development, intellectual property rights, security and environmental issues, and PTAs and developing countries. The second part examines regional and country-specific agreements and issues, including NAFTA, CARICOM, CETA, the Pacific Alliance, the European Union, EFTA, ECOWAS, SADC, TTIP, RCEP and the TPP (now the CPTPP), as well as the policies of countries such as Japan and Australia.
