Download or read book Liability for Environmental Harm to the Global Commons written by Neil Craik and published by Cambridge University Press. This book was released on 2023-08-31 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Download or read book Birnie Boyle and Redgwell s International Law and the Environment written by Alan E. Boyle and published by Oxford University Press. This book was released on 2021 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: As conservation of the environment plays an increasingly important role within society, Birnie, Boyle, and Redgwell's International Law and the Environment continues to be an essential read for students and practitioners alike. Whilst remaining rooted within the substantive law, the book places legislation on the protection of the environment firmly at the core of the text. Written by experts in the field, the authors employ sharp and thorough analysis of the laws, allowing them to share their extensive knowledge and experience with the reader. The authors provide a unique perspective on the implications of international regulation, promoting a wider understanding of the pertinent issues impacting upon the law.

Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.

Download or read book Environmental Liability and the Interplay between EU Law and International Law written by Emanuela Orlando and published by Routledge. This book was released on 2023-07-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

Download or read book Regional Co operation and Protection of the Marine Environment Under International Law written by Nilufer Oral and published by Martinus Nijhoff Publishers. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea. Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future. All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.

Download or read book International Liability Regime for Biodiversity Damage written by Akiho Shibata and published by Routledge. This book was released on 2014-03-26 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.

Download or read book Conservation Biodiversity and International Law written by A. Gillespie and published by Edward Elgar Publishing. This book was released on 2013-07-01 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' – Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' – David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP) 'This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.' – Francesco Bandarin, UNESCO Assistant Director-General for Culture This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy – providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.

Download or read book The IMLI Treatise On Global Ocean Governance written by David Joseph Attard and published by Oxford University Press. This book was released on 2018-07-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.

Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

Download or read book International Law and the Environment written by Patricia W. Birnie and published by Oxford University Press. This book was released on 2009 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.

Download or read book The Precautionary Principle and International Law The Challenge of Implementation written by David Freestone and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Role of the Indian Ocean for Global Peace Interdisciplinary Issues written by Dr. (Capt.) Vivek Jain and published by Notion Press. This book was released on 2023-11-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the various interdisciplinary issues of the Indian Ocean, individually and collectively, such as its history, geography, nautical elements, economics, trade routes (old and new), blue economy, deep-sea mining, fisheries management, tourism, scourge of piracy, pollution, Law of the Sea (UNCLOS 1982), and the different perspectives of its littoral countries on geopolitics, international law, international relations and maritime partnerships. It is the most important ocean in the world – 33% of the global population lives in the area and 50-60% of the world’s maritime trade transits through it. In addition, around 60% of global oil, and 26% of global gas reserves, along with pristine beaches are located here. To comprehend the interdisciplinary issues, the editor embarked on a voyage to discover, persuade and collaborate with exceptionally brilliant, influential experts from prominent littoral countries – India, Indonesia, Iran, South Africa, Malaysia and Singapore – with relevant experience to expound the above subject areas. In addition, geopolitical conflicts/hostilities and trade wars are on the rise; war seems inevitable but not imminent. Any conflict is likely to originate in other oceans and seas but will end up impacting the Indian Ocean’s littoral countries. Accordingly, these countries must comprehend the interdisciplinary issues and the special role of the Indian Ocean to prevent all-encompassing wars/hostilities from widening at a global level and thereafter must flesh out plans to shield themselves. They must also understand the area’s role in working towards global peace by comprehending the above interdisciplinary issues. The role of the Indian Ocean in global peace can only be achieved through maritime partnerships between its littoral countries, and their avoidance of impulses to invite outside power(s) to balance each other’s power. However, maritime partnerships are easier said than done. At the very least, the maritime partnership between two major Indian Ocean littoral powers – India and Indonesia – is critical to shield the region from geopolitical firestorms. Hopefully, this maritime partnership’s tactic of embracing a carrot-and-stick approach will eventually persuade global powers from outside the Indian Ocean region to improve their conduct to achieve global peace.

Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-05-06 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Download or read book Protecting Forest and Marine Biodiversity written by Ed Couzens and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book contributes to discussions on the best legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them.

Download or read book Routledge Handbook of Ecological and Environmental Restoration written by Stuart K. Allison and published by Routledge. This book was released on 2017-05-18 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ecological restoration is a rapidly evolving discipline that is engaged with developing both methodologies and strategies for repairing damaged and polluted ecosystems and environments. During the last decade the rapid pace of climate change coupled with continuing habitat destruction and the spread of non-native species to new habitats has forced restoration ecologists to re-evaluate their goals and the methods they use. This comprehensive handbook brings together an internationally respected group of established and rising experts in the field. The book begins with a description of current practices and the state of knowledge in particular areas of restoration, and then identifies new directions that will help the field achieve increasing levels of future success. Part I provides basic background about ecological and environmental restoration. Part II systematically reviews restoration in key ecosystem types located throughout the world. In Part III, management and policy issues are examined in detail, offering the first comprehensive treatment of policy relevance in the field, while Part IV looks to the future. Ultimately, good ecological restoration depends upon a combination of good science, policy, planning and outreach – all issues that are addressed in this unrivalled volume.