Sustainable Development Principles In The Decisions Of International Courts And Tribunals

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Sustainable Development Principles in the Decisions of International Courts and Tribunals

Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Sustainable Development Principles in the Decisions of International Courts and Tribunals Book PDF

Author : Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Publisher : Taylor & Francis
Page : 884 pages
File Size : 49,5 Mb
Release : 2017-05-08
Category : Law
ISBN : 9781317670001

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Sustainable Development Principles in the Decisions of International Courts and Tribunals by Marie-Claire Cordonier Segger,Judge C.G. Weeramantry Pdf

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Greening International Jurisprudence

Cathrin Zengerling
Greening International Jurisprudence Book PDF

Author : Cathrin Zengerling
Publisher : Martinus Nijhoff Publishers
Page : 404 pages
File Size : 41,9 Mb
Release : 2013-08-22
Category : Law
ISBN : 9789004257313

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Greening International Jurisprudence by Cathrin Zengerling Pdf

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.

The Environment Through the Lens of International Courts and Tribunals

Edgardo Sobenes,Sarah Mead,Benjamin Samson
The Environment Through the Lens of International Courts and Tribunals Book PDF

Author : Edgardo Sobenes,Sarah Mead,Benjamin Samson
Publisher : Springer Nature
Page : 754 pages
File Size : 50,6 Mb
Release : 2022-06-01
Category : Law
ISBN : 9789462655072

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The Environment Through the Lens of International Courts and Tribunals by Edgardo Sobenes,Sarah Mead,Benjamin Samson Pdf

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.

International Law and Sustainable Development

Nico J. Schrijver,Friedl Weiss
International Law and Sustainable Development Book PDF

Author : Nico J. Schrijver,Friedl Weiss
Publisher : BRILL
Page : 749 pages
File Size : 45,7 Mb
Release : 2004-08-10
Category : Law
ISBN : 9789047406709

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International Law and Sustainable Development by Nico J. Schrijver,Friedl Weiss Pdf

'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.

Sustainable Development Principles in the Decisions of International Courts and Tribunals

Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Sustainable Development Principles in the Decisions of International Courts and Tribunals Book PDF

Author : Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Publisher : Routledge
Page : 884 pages
File Size : 41,6 Mb
Release : 2017-05-08
Category : Law
ISBN : 9781317669999

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Sustainable Development Principles in the Decisions of International Courts and Tribunals by Marie-Claire Cordonier Segger,Judge C.G. Weeramantry Pdf

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

International Judicial Practice on the Environment

Christina Voigt
International Judicial Practice on the Environment Book PDF

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 55,7 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108758109

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International Judicial Practice on the Environment by Christina Voigt Pdf

More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.

Environment in the Courtroom

Alan Ingelson
Environment in the Courtroom Book PDF

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'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.

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

Serena Forlati,Makane Moïse Mbengue,Brian McGarry
The Gab kovo Nagymaros Judgment and Its Contribution to the Development of International Law Book PDF

Author : Serena Forlati,Makane Moïse Mbengue,Brian McGarry
Publisher : BRILL
Page : 273 pages
File Size : 49,7 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004428676

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The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law by Serena Forlati,Makane Moïse Mbengue,Brian McGarry Pdf

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.

Environmental Justice in India

Gitanjali Nain Gill
Environmental Justice in India Book PDF

Author : Gitanjali Nain Gill
Publisher : Taylor & Francis
Page : 238 pages
File Size : 45,8 Mb
Release : 2016-11-10
Category : Business & Economics
ISBN : 9781317415619

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Environmental Justice in India by Gitanjali Nain Gill Pdf

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.

Sustainable Justice

Marie-Claire Cordonier Segger,C.G. Weeramantry
Sustainable Justice Book PDF

Author : Marie-Claire Cordonier Segger,C.G. Weeramantry
Publisher : BRILL
Page : 681 pages
File Size : 41,8 Mb
Release : 2004-11-01
Category : Law
ISBN : 9789047414605

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Sustainable Justice by Marie-Claire Cordonier Segger,C.G. Weeramantry Pdf

This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.

General Principles and the Coherence of International Law

Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
General Principles and the Coherence of International Law Book PDF

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 41,6 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 48,5 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058288

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Research Handbook on Fundamental Concepts of Environmental Law

Douglas Fisher
Research Handbook on Fundamental Concepts of Environmental Law Book PDF

Author : Douglas Fisher
Publisher : Edward Elgar Publishing
Page : 487 pages
File Size : 48,9 Mb
Release : 2022-11-25
Category : Law
ISBN : 9781839108327

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Research Handbook on Fundamental Concepts of Environmental Law by Douglas Fisher Pdf

This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.

The Rio Declaration on Environment and Development

Jorge E. Viñuales
The Rio Declaration on Environment and Development Book PDF

Author : Jorge E. Viñuales
Publisher : OUP Oxford
Page : 530 pages
File Size : 45,6 Mb
Release : 2015-02-05
Category : Law
ISBN : 9780191510410

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The Rio Declaration on Environment and Development by Jorge E. Viñuales Pdf

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Sustainable Development and Environmental Management

Corrado Clini,Ignazio Musu,Maria Lodovica Gullino
Sustainable Development and Environmental Management Book PDF

Author : Corrado Clini,Ignazio Musu,Maria Lodovica Gullino
Publisher : Springer Science & Business Media
Page : 490 pages
File Size : 46,9 Mb
Release : 2010-06-29
Category : Technology & Engineering
ISBN : 9781402065989

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Sustainable Development and Environmental Management by Corrado Clini,Ignazio Musu,Maria Lodovica Gullino Pdf

This book presents the new EU approach to environmental management and its attempt to place it in the perspective of sustainable development. Written by eminent scientists working on sustainable development, the book covers not only theoretical aspects but also gives practical cases and examples. China and other large and fast growing economies are putting increasing pressures on the global environment, but they are also looking at the European experience with great interest.