transboundary harm in international law lessons from the trail smelter arbitration

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Transboundary Harm In International Law

Author : Rebecca M. Bratspies
ISBN : 9781139458436
Genre : Law
File Size : 57. 21 MB
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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.

The Prevention Principle In International Environmental Law

Author : Leslie-Anne Duvic-Paoli
ISBN : 9781108697767
Genre : Law
File Size : 25. 87 MB
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Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context. The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1. Its anticipatory rationale; 2. Its due diligence content; and 3. Its wide spatial scope to protect the environment as a whole. This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.

Global Approaches To Site Contamination Law

Author : Elizabeth Brandon
ISBN : 9789400757455
Genre : Law
File Size : 26. 10 MB
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The book describes the complex and variable laws addressing site contamination, reviewing existing international, regional and national law of relevance to site contamination. It also offers detailed case studies of national approaches to the issue, and goes on to explore avenues for promoting the development of comprehensive domestic laws on site contamination, with a focus on the role of international law and actors. A detailed discussion analyzes such variations as a binding international legal instrument, a non-binding instrument, and a model framework for site contamination management. The text includes recommendations regarding the key elements needed for regulating site contamination at the national level. The author also offers an appropriate and feasible timetable for international action to promote better national law and policy regarding contaminated sites.

Global Governance Of The Environment

Author : Afshin Akhtarkhavari
ISBN : 9781849804875
Genre : Law
File Size : 44. 16 MB
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This timely book examines the role of environmental principles in changing international environmental law and politics, and argues for the importance of integrating environmental principles in the global governance of the environment. Afshin Akhtarkhavari includes both theoretical and jurisprudential analyses of the concept of environmental principles, as well as detailed case studies to examine their function and role in courts, and the differing approaches taken to soft law and regulation in international politics. Global Governance of the Environment concludes with succinct and insightful considerations of the role of environmental principles in changing international law and politics This topical book will appeal to researchers, academics and students of international environmental law and politics, international relations, as well as domestic environmental law.

History Of Water A Series Iii Volume 2

Author : Terje Tvedt
ISBN : 9780857736581
Genre : Social Science
File Size : 40. 39 MB
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These three volumes present an original exploration of all aspects of water - social, cultural, political, religious, historical, economic and technological - from ancient times until the present day. Among the varied themes, the contributors examine the changing histories of water as a private or common good, the politics of water at local, urban, national and international level. With empirical and ethnographic case studies from around the world the three volumes together represent one of the most complete and up to date accounts of the central role of water in the history and development of humanity.

The Rio Declaration On Environment And Development

Author : Jorge E. Viñuales
ISBN : 9780191510427
Genre : Law
File Size : 63. 16 MB
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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.

Prior Informed Consent And Hazardous Trade

Author : David Langlet
ISBN : 9789041128218
Genre : Law
File Size : 89. 72 MB
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This ground-breaking study is the first book to take a comprehensive approach to the subject of transboundary shipments of hazardous substances and the instruments employed for regulating such shipments. It fully explains which types of trade regulating instruments are employed by which agreements, and then goes on to evaluate the pros and cons of these instruments with respect to their compatibility with international legal norms, especially WTO law. Taken in conjunction with other trade-regulating measures, this analysis assesses the PIC concept/ procedure from three perspectives: its effect on state sovereignty, its potential for enhancing environmental and health protection in importing states, and its relationship with the free-trade regime, represented primarily by the GATT and the SPS and TBT Agreements of the WTO. The analysis also includes coverage of the pertinent export laws of the EU and the United-States, and of the export and import laws of India pertaining to potentially hazardous substances and products.

The International Law Of Property

Author : John G. Sprankling
ISBN : 9780191502521
Genre : Law
File Size : 30. 17 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Transboundary Pollution

Author : S. Jayakumar
ISBN : 9781784715793
Genre : Law
File Size : 43. 19 MB
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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

The Oxford Handbook Of Environmental History

Author : Andrew C. Isenberg
ISBN : 9780199394470
Genre : Science
File Size : 43. 95 MB
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The field of environmental history emerged just decades ago but has established itself as one of the most innovative and important new approaches to history, one that bridges the human and natural world, the humanities and the sciences. With the current trend towards internationalizing history, environmental history is perhaps the quintessential approach to studying subjects outside the nation-state model, with pollution, global warming, and other issues affecting the earth not stopping at national borders. With 25 essays, this Handbook is global in scope and innovative in organization, looking at the field thematically through such categories as climate, disease, oceans, the body, energy, consumerism, and international relations.

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