State Responsibility For Transboundary Air Pollution In International Law

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State Responsibility for Transboundary Air Pollution in International Law

Phoebe N. Okowa
State Responsibility for Transboundary Air Pollution in International Law Book PDF

Author : Phoebe N. Okowa
Publisher : Unknown
Page : 278 pages
File Size : 40,9 Mb
Release : 2004
Category : Electronic books
ISBN : OCLC:1140355242

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State Responsibility for Transboundary Air Pollution in International Law by Phoebe N. Okowa Pdf

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.

Transboundary Pollution

S. Jayakumar,Tommy Koh,Robert Beckman,Hao Duy Phan
Transboundary Pollution Book PDF

Author : S. Jayakumar,Tommy Koh,Robert Beckman,Hao Duy Phan
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 51,7 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781784715793

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Transboundary Pollution by S. Jayakumar,Tommy Koh,Robert Beckman,Hao Duy Phan Pdf

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

Transboundary Air Pollution

Cees Flinterman,Barbara Kwiatkowska,Johan G. Lammers
Transboundary Air Pollution Book PDF

Author : Cees Flinterman,Barbara Kwiatkowska,Johan G. Lammers
Publisher : BRILL
Page : 400 pages
File Size : 54,9 Mb
Release : 1986-01-01
Category : Law
ISBN : 9024732859

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Transboundary Air Pollution by Cees Flinterman,Barbara Kwiatkowska,Johan G. Lammers Pdf

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'.

Transboundary Harm in International Law

Rebecca M. Bratspies,Russell A. Miller
Transboundary Harm in International Law Book PDF

Author : Rebecca M. Bratspies,Russell A. Miller
Publisher : Cambridge University Press
Page : 6 pages
File Size : 52,9 Mb
Release : 2006-08-14
Category : Law
ISBN : 9781139458436

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Transboundary Harm in International Law by Rebecca M. Bratspies,Russell A. Miller Pdf

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.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Guillaume Laganière
Liability for Transboundary Pollution at the Intersection of Public and Private International Law Book PDF

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 40,9 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951178

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law by Guillaume Laganière Pdf

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.

International Law and Pollution

Daniel Barstow Magraw
International Law and Pollution Book PDF

Author : Daniel Barstow Magraw
Publisher : University of Pennsylvania Press
Page : 388 pages
File Size : 54,5 Mb
Release : 2016-11-11
Category : Law
ISBN : 9781512804003

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International Law and Pollution by Daniel Barstow Magraw Pdf

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.

China and International Environmental Liability

Michael G. Faure,Song Ying
China and International Environmental Liability Book PDF

Author : Michael G. Faure,Song Ying
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 48,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848445000

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China and International Environmental Liability by Michael G. Faure,Song Ying Pdf

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.

Transboundary Environmental Interference and the Origin of State Liability

Lefeber
Transboundary Environmental Interference and the Origin of State Liability Book PDF

Author : Lefeber
Publisher : Martinus Nijhoff Publishers
Page : 379 pages
File Size : 53,6 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789004635173

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Transboundary Environmental Interference and the Origin of State Liability by Lefeber Pdf

On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.

Transboundary Environmental Interference and the Origin of State Liability

R. Lefeber
Transboundary Environmental Interference and the Origin of State Liability Book PDF

Author : R. Lefeber
Publisher : Martinus Nijhoff Publishers
Page : 384 pages
File Size : 43,9 Mb
Release : 1996-06-03
Category : Law
ISBN : 9041102752

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Transboundary Environmental Interference and the Origin of State Liability by R. Lefeber Pdf

On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.

Transboundary Damage in International Law

Hanqin Xue
Transboundary Damage in International Law Book PDF

Author : Hanqin Xue
Publisher : Cambridge University Press
Page : 400 pages
File Size : 54,6 Mb
Release : 2003-03-13
Category : Law
ISBN : 9781139438100

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Transboundary Damage in International Law by Hanqin Xue Pdf

The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

Climate Change Damage and International Law

Roda Verheyen
Climate Change Damage and International Law Book PDF

Author : Roda Verheyen
Publisher : BRILL
Page : 418 pages
File Size : 46,7 Mb
Release : 2005-11-01
Category : Law
ISBN : 9789047427407

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Climate Change Damage and International Law by Roda Verheyen Pdf

This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

Due Diligence in International Law

Joanna Kulesza
Due Diligence in International Law Book PDF

Author : Joanna Kulesza
Publisher : BRILL
Page : 331 pages
File Size : 47,7 Mb
Release : 2016-08-25
Category : Law
ISBN : 9789004325197

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Due Diligence in International Law by Joanna Kulesza Pdf

Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.

Environmental Protection and International Law

Winfried Lang,Hanspeter Neuhold,Karl Zemanek
Environmental Protection and International Law Book PDF

Author : Winfried Lang,Hanspeter Neuhold,Karl Zemanek
Publisher : Springer
Page : 264 pages
File Size : 48,6 Mb
Release : 1991-10-20
Category : Law
ISBN : UOM:39015024999974

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Environmental Protection and International Law by Winfried Lang,Hanspeter Neuhold,Karl Zemanek Pdf

Papers presented at a conference in Vienna, October 1990.

Compatibility of International and National Environmental Law

Ebbesson
Compatibility of International and National Environmental Law Book PDF

Author : Ebbesson
Publisher : Springer
Page : 340 pages
File Size : 50,5 Mb
Release : 1996-11-25
Category : Law
ISBN : UOM:39015041098354

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Compatibility of International and National Environmental Law by Ebbesson Pdf

Dealing with the linkage and compatibility of international and national environmental law, this work analyzes how and to what extent international environmental law, primarily through various types of treaty obligations, limits the discretion of states in

The Practice of Shared Responsibility in International Law

André Nollkaemper,Ilias Plakokefalos,Jessica Schechinger,Jann K. Kleffner
The Practice of Shared Responsibility in International Law Book PDF

Author : André Nollkaemper,Ilias Plakokefalos,Jessica Schechinger,Jann K. Kleffner
Publisher : Cambridge University Press
Page : 1229 pages
File Size : 55,5 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107107090

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The Practice of Shared Responsibility in International Law by André Nollkaemper,Ilias Plakokefalos,Jessica Schechinger,Jann K. Kleffner Pdf

This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.