The Peaceful Settlement Of International Environmental Disputes A Pragmatic Approach

Author : Cesare Romano
Publisher : Springer
Page : 472 pages
File Size : 45,8 Mb
Release : 2000-10-20
Category : Law
ISBN : STANFORD:36105060993156

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The Peaceful Settlement of International Environmental Disputes:A Pragmatic Approach by Cesare Romano Pdf

Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.

Author : Ellen Hey
Publisher : Martinus Nijhoff Publishers
Page : 40 pages
File Size : 55,7 Mb
Release : 2000-10-10
Category : Law
ISBN : 9041114963

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Reflections on an International Environmental Court by Ellen Hey Pdf

International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law. Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider theseproblems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law. This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests. The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, "inter alia," viable means for resolving environmental disputes that may arise are to be identified.

Author : Barbara Kwiatkowska
Publisher : Unknown
Page : 138 pages
File Size : 45,5 Mb
Release : 2002
Category : Environmental mediation
ISBN : UVA:35007005515329

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Peaceful Settlement of Oceans and Other Environmental Disputes Under International Agreements by Barbara Kwiatkowska Pdf

Author : Richard B. Bilder
Publisher : Unknown
Page : 102 pages
File Size : 44,7 Mb
Release : 1976
Category : Environmental law
ISBN : WISC:89043204817

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The Settlement of International Environmental Disputes by Richard B. Bilder Pdf

Author : Philippe Sands,Jacqueline Peel,Ruth MacKenzie
Publisher : Cambridge University Press
Page : 993 pages
File Size : 54,9 Mb
Release : 2012-05-03
Category : Law
ISBN : 9780521769594

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Principles of International Environmental Law by Philippe Sands,Jacqueline Peel,Ruth MacKenzie Pdf

Philippe Sands' text on international environmental law provides a clear, authoritative introduction to the subject. This edition has been updated to include relevant new topics, including the Kyoto Protocol, genetically modified organisms, and oil pollution.

Author : B.H. Desai
Publisher : IOS Press
Page : 244 pages
File Size : 51,5 Mb
Release : 2021-06-21
Category : Science
ISBN : 9781643681795

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Our Earth Matters by B.H. Desai Pdf

On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972. This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes. The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).

Author : Carl Bruch,United Nations Environment Programme
Publisher : UNEP/Earthprint
Page : 796 pages
File Size : 46,8 Mb
Release : 2006
Category : Law
ISBN : 9280727036

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Manual on Compliance with and Enforcement of Multilateral Environmental Agreements by Carl Bruch,United Nations Environment Programme Pdf

This Manual expands upon Guidelines on Compliance with and Enforcement of MultilateralEnvironmental Agreements (MEAs). Many States participated in the developmentand negotiation of the Guidelines, which were adopted by the UNEP GoverningCouncil in 2002. While this Manual is not a negotiated document, it also is the result ofa collaborative process involving a wide range of numerous individuals around the world.These people assisted in drafting case studies and other contributions, reviewing the text,and suggesting substantive and formatting changes.

Author : Jutta Brunnée
Publisher : BRILL
Page : 240 pages
File Size : 49,5 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 : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 597 pages
File Size : 41,5 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 : Alessandro Chechi
Publisher : OUP Oxford
Page : 400 pages
File Size : 50,5 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191009082

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The Settlement of International Cultural Heritage Disputes by Alessandro Chechi Pdf

The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

Author : Fitzmaurice, Malgosia,Brus, Marcel,Merkouris, Panos,Rydberg, Agnes
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,9 Mb
Release : 2021-11-12
Category : Law
ISBN : 9781786439710

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Research Handbook on International Environmental Law by Fitzmaurice, Malgosia,Brus, Marcel,Merkouris, Panos,Rydberg, Agnes Pdf

This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

Author : Joshua Paine
Publisher : Cambridge University Press
Page : 425 pages
File Size : 40,9 Mb
Release : 2024-05-31
Category : Law
ISBN : 9781108640428

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The Functions of International Adjudication and International Environmental Litigation by Joshua Paine Pdf

This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

Author : Panos Delimatsis and Leonie Reins
Publisher : Edward Elgar Publishing
Page : 875 pages
File Size : 41,5 Mb
Release : 2021-12-14
Category : Law
ISBN : 9781783476985

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Trade and Environmental Law by Panos Delimatsis and Leonie Reins Pdf

This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 43,9 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783030032630

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The WTO Dispute Settlement Mechanism by Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro Pdf

This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

Author : Daniel Bodansky,Harro van Asselt
Publisher : Oxford University Press
Page : 417 pages
File Size : 51,9 Mb
Release : 2024
Category : Education
ISBN : 9780197672365

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The Art and Craft of International Environmental Law by Daniel Bodansky,Harro van Asselt Pdf

The second edition of The Art and Craft of International Environmental Law is a sophisticated yet highly readable introduction to how international environmental law works (and sometimes doesn't work). It provides critical updates on developments in the field that have occurred in the 13 years since the first edition was published.