Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War Torn Environment Interpreting the Legal Threshold written by Karen Hulme and published by BRILL. This book was released on 2004-08-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the recent past the horrors of war have been demonstrated all too vividly. Who would have believed that after Nuremberg there would be any further need for war crimes tribunals, or for the creation of an international criminal court? But, whilst people in conflict countries suffer the mental and physical scars from military bombardment, they also suffer the silent legacy of environmental pollution. The world functions as one large ecosystem: the contamination of one element inevitably feeding into another. Pollution in peacetime has been greatly reduced, but what is the wartime cost to the environment? Wartime weaponry and tactics are strictly controlled by the principles of humanitarian law, but international law can be a slow creature. Are our militaries using weapons today that violate the current laws of armed conflict? Or need new controls be drafted to deal with the environmental, and inevitably human, consequences of modern warfare? The book seeks to analyse the issues surrounding the protection of the environment in times of armed conflict, and to pose questions as to its adequacy and efficacy. But the focus is not simply upon the interpretation of the legal provisions in isolation; instead, the analysis establishes a benchmark standard of environmental harm against which the adequacy and efficacy of the legal provisions can be measured. At the centre of the analysis are a number of case studies tackling the most modern weapons and tactics, including the legality of depleted uranium weapons and cluster bombs, the validity of striking chemical weapons facilities and oil installations, and the responsibility for explosive and non-explosive war debris.
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 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 Compensation for Environmental Damage Under International Law written by Jason Rudall and published by Routledge. This book was released on 2020-01-14 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Download or read book Law of the Sea Environmental Law and Settlement of Disputes written by Tafsir Malick Ndiaye and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Download or read book Recueil Des Cours Collected Courses Volume 272 1998 written by Academie De Droit International De La Haye and published by Martinus Nijhoff Publishers. This book was released on 1999-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Means of Ensuring Compliance with and Enforcement of International Environment Law by R. WOLFRAM, Director of the Max-Planck Institute for Comparative Public Law and International Law. - The Formation of Customary International Law by M. MENDELSON, Professor at University College, London, UK.
Download or read book International Law for Common Goods written by Federico Lenzerini and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
Download or read book The International Law Commission 1999 2009 written by Arthur Watts and published by Oxford University Press. This book was released on 1999 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the work of the United Nations International Law Commission (ILC) during the period 1999-2009, brining up to date the three-volume series on the work of the Commission edited by Sir Arthur Watts. Each text is accompanied by an introduction, a concise description of the negotiation process and a carefully selected bibliography.
Download or read book The New Accountability written by Michael Mason and published by Routledge. This book was released on 2012-05-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of pollution that crosses national borders represents a significant threat to human health and ecological sustainability. Various international agreements exist between countries to reduce risks to their populations, however there is often a mismatch between national territories of state responsibility and transboundary hazards. All too often, state priorities do not correspond to the priorities of the people affected by pollution, who often have little recourse against major polluters, particularly transnational corporations operating across national boundaries. Drawing on case studies, The New Accountability provides a fresh understanding of democratic accountability for transboundary and global harm and argues that environmental responsibility should be established in open public discussions about harm and risk. Most critically it makes the case that, regardless of nationality, affected parties should be able to demand that polluters and harm producers be held accountable for their actions and if necessary provide reparations.
Download or read book Transnational Fiduciary Law written by Seth Davis and published by Cambridge University Press. This book was released on 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.
Download or read book The Rio Declaration on Environment and Development written by Jorge E. Viñuales and published by Oxford Commentaries on Interna. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has long grappled with the issue of protecting the environment while encouraging social and economic development, often with limited results. 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. This work provides a comprehensive examination of these principles and their subsequent implementation.
Download or read book Managing Global Issues written by P.J. Simmons and published by Brookings Institution Press. This book was released on 2012-10-01 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization is pushing to the fore a wide variety of global problems that demand urgent policy attention. Managing Global Issues provides a comprehensive comparative assessment of international efforts to manage global problems. It identifies and explains successes and failures of such efforts, examines the roles of different actors, and outlines lessons that may guide future action by governments, international organizations, nongovernmental organizations, and the private sector. The volume's 16 case studies examine organized crime, drugs, corruption, human rights, labor rights, health, trade, financial markets, development assistance, the environment, the global commons, communications, weapons of mass destruction, conventional weapons, internal conflicts, and refugees. Managing Global Issues is the result of an international multidisciplinary research team composed of experts in specific global issue areas. The book's broad scope, numerous case studies and its rigorous comparative analytical framework offers a unique and valuable contribution to the rapidly growing literature on global governance. Contributors include Vinod K. Aggarwal (University of California, Berkeley), Thomas Bernauer (University of Zürich), William Drake (Carnegie Endowment), Octavio Gómez-Dantés (National Institute of Public Health, Mexico), Catherine Gwin (World Bank), Peter M. Haas (University of Massachusetts, Amherst), Christopher C. Joyner (Georgetown University), Brian Langille (University of Toronto), Robert E. Litan (Brookings Institution), Kathleen Newland (Carnegie Endowment), Peter Richardson (Transparency International), Peter H. Sand (Institute of International Law, Munich), Dinah L. Shelton (Notre Dame Law School), Timothy D. Sisk (University of Denver), Joanna Spear (King's College, London), and Phil Williams (University of Pittsburgh).
Download or read book Transboundary Governance of Biodiversity written by Louis J. Kotzé and published by Martinus Nijhoff Publishers. This book was released on 2014-06-26 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transboundary Governance of Biodiversity compiles critical analysis of the regulatory frameworks applicable to the transboundary governance of biodiversity by specialists from Europe and Africa. Drawing on their vast experience as lawyers, political scientists and natural resource management experts, they provide a critique and contemporary perspectives on what has become one of the most challenging aspects of global environmental governance in the Anthropocene: effective biodiversity conservation in times of unprecedented environmetal crises. With a unique North-South focus and a legal focus infused by multi-disciplinary regulatory dimensions, this peer-reviewed publication offers a comprehensive analysis of international and regional environmental law frameworks applicable to the transboundary governance of biodiversity.
Download or read book The International Journal of Marine and Coastal Law written by and published by . This book was released on 2005 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Damage to Public Natural Resources Standing Damage and Damage Assessment written by Edward Brans and published by Kluwer Law International B.V.. This book was released on 2001-10-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
