Download or read book Global Regulatory Standards in Environmental and Health Disputes written by Caroline E. Foster and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Download or read book Global Regulatory Standards in Environmental and Health Disputes written by Caroline E. Foster and published by Oxford University Press. This book was released on 2021-06-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Download or read book International Courts Versus Non Compliance Mechanisms written by Christina Voigt and published by . This book was released on 2024-02-14 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.
Download or read book Improving Regulation written by Paul S. Professor Fischbeck and published by Routledge. This book was released on 2010-09-30 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there potential for a U.S. regulatory system that is more efficient and effective? Or is the future likely to involve 'paralysis by analysis'? Improving Regulation considers the challenges faced by the regulatory system as society and technology change, and our knowledge about the effects of our activities on human and planetary health becomes more sophisticated. While considering the difficulty in linking regulatory design and performance, Improving Regulation makes the case for empowering regulatory analysis. Studying applications as diverse as fire protection, air and water pollution, and genetics, its contributors examine the strategies of different stakeholders in today's complex policymaking environment. With a focus on the behavior of institutions and people, they consider the impact that organizational politics, science, technology, and performance have on regulation. They explore the role of technology in creating and reducing uncertainty, the costs of control, the potential involvement of previously unregulated sectors, and the contentious public debates about fairness and participation in regulatory policy. Arguing that the success of many regulations depends upon their acceptance by the public, Fischbeck, Farrow, and their contributors offer extensive, inductive evidence on the art of regulatory analysis. The resulting book provides 'real world' examples of regulation, and a demonstration of how to synthesize analytical skills with a knowledge of physical and social processes.
Download or read book Resolving Environmental Regulatory Disputes written by Lawrence Susskind and published by . This book was released on 1983 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared for the United States Environmental Protection Agency.
Download or read book Trading Up written by David Vogel and published by Harvard University Press. This book was released on 2009-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.
Download or read book International Environmental Standards Handbook written by Scott S. Olson and published by CRC Press. This book was released on 2020-02-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lack of knowledge about, and noncompliance with, international standards can result in loss of sales and partnership opportunities as well as possible legal action. The International Environmental Standards Handbook provides the necessary historical background to understand the current status of international environmental standards. It contains copies of available treaties and provides coverage of laws and standards. The book offers strategies for designing and implementing environmental systems that will be internationally accepted. It includes a list of information sources and a directory of international environmental organizations.
Download or read book International Health Regulations 2005 written by World Health Organization and published by World Health Organization. This book was released on 2008-12-15 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.
Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-30 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
Download or read book The Oxford Handbook of Regulation written by Robert Baldwin and published by OUP Oxford. This book was released on 2012-07-19 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.
Download or read book Exporting Standards written by Anu Bradford and published by . This book was released on 2016 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Introducing the notion of “the Brussels Effect,” the Article shows how market forces alone are sufficient to convert EU standards into global standards. Without the need to use international institutions or seek other nations' cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable “Europeanization” of many important aspects of global commerce. This Article identifies and explains the precise conditions for and the specific mechanism through which this externalization of EU's standards unfolds. Enhanced understanding of this dynamic explains why the EU is currently the only jurisdiction that can wield unilateral influence across a number of areas of law, ranging from competition and privacy to health and environmental regulation. This understanding also helps explain why certain regulations can be externalized via markets while others rely on the EU's ability to exert influence through its political agency. The Article further disputes the notion that the EU's ability to externalize its rules would reflect “regulatory imperialism,” as critics have suggested. Instead, it argues that the EU's external regulatory influence has emerged largely as an inadvertent byproduct of its internal goal to create and strengthen the single market. The EU's regulatory authority has been further solidified as the markets, other states, and international institutions have been able to do little to constrain Europe's global regulatory power. In the end, as much as the rise of the EU's regulatory power is a product of its pursuit of internal goals, any limits to this power are likely to stem from within the EU itself.
Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Download or read book New Zealand Yearbook of International Law written by and published by BRILL. This book was released on 2022-12-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2020 to 31 December 2020.
Download or read book International Courts versus Non Compliance Mechanisms written by Christina Voigt and published by Cambridge University Press. This book was released on 2024-02-29 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-compliance mechanisms are more important than ever for helping ensure the effective implementation of treaties, now and into the future.
Download or read book Weaponising Evidence written by Margherita Melillo and published by Cambridge University Press. This book was released on 2024-01-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Download or read book EPA Journal written by and published by . This book was released on 1981 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Regulation written by John F. McEldowney and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
