Download or read book Creative Common Law Strategies for Protecting the Environment written by Lynn L. Bergeson and published by Environmental Law Institute. This book was released on 2007 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book The Role of Customary Law in Sustainable Development written by Peter Orebech and published by Cambridge University Press. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
Download or read book The Prevention Principle in International Environmental Law written by Leslie-Anne Duvic-Paoli and published by . This book was released on 2018-05-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Download or read book Customary Law and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-11-10 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Download or read book Indigenous Knowledge and Customary Law in Natural Resource Management written by He Hong Mu Xiuping and published by . This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Download or read book Introduction to Environmental Law written by Jeffrey G. Miller and published by Environmental Law Institute. This book was released on 2008 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.
Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Download or read book International Environmental Law in a Nutshell written by Lakshman D. Guruswamy and published by West Academic Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources and Forms of International Environmental Law; Implementation; Population; Biodiversity; Global Climate Chan Ozone Depletion; Antarctica; Toxic and Hazardous Substances; Land-Based Pollution; Vessel-Based Pollution; Dumping; Conservation of Marine Living Resources; Transboundary Air Pollution; Transboundary Water Pollution; Desertification Nuclear Dama The Future of EIL.
Download or read book The Discourse on Customary International Law written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.
Download or read book Indigenous Peoples Customary Law and Human Rights Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Download or read book State Responsibility in International Law written by René Provost and published by Routledge. This book was released on 2017-03-02 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
Download or read book International Environmental Law and Policy written by David Hunter and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers and clarifies many different facets of the international human right to a healthy environment.
Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
