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 : 43. 96 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.

Transboundary Harm In International Law

Author : Rebecca M. Bratspies
ISBN : 0521126428
Genre : Law
File Size : 38. 20 MB
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The Russian media are widely seen to be increasingly controlled by the government. Leaders buy up opposing television channels and pour money in as fast as it hemorrhages out. As a result, TV news has become narrower in scope and in the range of viewpoints which it reflects: leaders demand assimilation and shut down dissenting stations. Using original and extensive focus group research and new developments in cognitive theory, Ellen Mickiewicz unveils a profound mismatch between the complacent assumption of Russian leaders that the country will absorb their messages, and the viewers on the other side of the screen. This is the first book to reveal what the Russian audience really thinks of its news and the mental strategies they use to process it. The focus on ordinary people, rather than elites, makes a strong contribution to the study of post-communist societies and the individual's relationship to the media.

The Prevention Principle In International Environmental Law

Author : Leslie-Anne Duvic-Paoli
ISBN : 9781108429412
Genre : Law
File Size : 64. 77 MB
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The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

Cases Of Conflict

Author : Allen L. Springer
ISBN : 9781442635197
Genre : Political Science
File Size : 77. 15 MB
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Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law—both its content and its relevance become clearer in times of controversy—but conflict can also help shape the law. Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict examines six prominent case studies to demonstrate how transboundary disputes have influenced the development of international environmental law and policy. Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.

Global Governance Of The Environment

Author : Afshin Akhtarkhavari
ISBN : 9781849804875
Genre : Law
File Size : 56. 24 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.

Global Approaches To Site Contamination Law

Author : Elizabeth Brandon
ISBN : 9789400757455
Genre : Law
File Size : 21. 59 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.

Transboundary Pollution

Author : S. Jayakumar
ISBN : 9781784715793
Genre : Law
File Size : 64. 89 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

Transboundary Damage In International Law

Author : Hanqin Xue
ISBN : 1139438107
Genre : Law
File Size : 78. 96 MB
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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.

Prior Informed Consent And Hazardous Trade

Author : David Langlet
ISBN : 9789041128218
Genre : Law
File Size : 76. 36 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.

New York University Journal Of International Law Politics

Author :
ISBN : UCAL:B5129948
Genre : Law
File Size : 81. 25 MB
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