Download or read book The Peaceful Settlement of International Environmental Disputes A Pragmatic Approach written by Cesare Romano and published by Springer. This book was released on 2000-10-20 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.
Download or read book Conflicts in International Environmental Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2003-07-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.
Download or read book Reflections on an International Environmental Court written by Ellen Hey and published by Martinus Nijhoff Publishers. This book was released on 2000-10-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law. Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider theseproblems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law. This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests. The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, "inter alia," viable means for resolving environmental disputes that may arise are to be identified.
Download or read book The Settlement of International Environmental Disputes written by Richard B. Bilder and published by . This book was released on 1976 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Dispute Resolution in Indonesia written by David Nicholson and published by BRILL. This book was released on 2009-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.
Download or read book The Environment Through the Lens of International Courts and Tribunals written by Edgardo Sobenes and published by Springer Nature. This book was released on 2022-06-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Download or read book Cases of Conflict written by Allen L. Springer and published by University of Toronto Press. This book was released on 2016-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Environmental Disputes written by Aaron Schwabach and published by Bloomsbury Publishing USA. This book was released on 2005-12-13 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intensive investigation of past and present achievements and failures in international environmental law. International Environmental Disputes is a thought-provoking examination of the world's most pressing environmental problems and the attempts to remedy them through international law. From the dumping of ash in the Danube and the disposal of waste in western Africa to the effects of the Everglades sugar industry, the work explores such topics as the role of the United Nations, the debate over sustainable development, environmental ethics, biopiracy, and radioactive material in space satellites. The book covers issues such as treaties on the ozone layer, global climate change, and the Kyoto protocol. A chapter devoted to the United States discusses the international environmental impact of its economy. Biographical sketches introduce readers to a diverse cast of characters including a New Guinea tribal elder and a Japanese TV personality.
Download or read book International Environmental Disputes written by Aaron Schwabach and published by ABC-CLIO. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the world's environmental problems and the attempts to remedy them, this book explores topics like the role of the UN, debate over sustainable development, environmental ethics, biopiracy, and radioactive material in space satellites. It covers issues such as treaties on the ozone layer, global climate change, and the Kyoto protocol.
Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
Download or read book Litigating the Environment written by Justine Bendel and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Download or read book Contemporary Issues in International Environmental Law written by M. Fitzmaurice and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.
Download or read book Environmental crimes in a transnational context Topical issues of international environmental disputes as a risk of threat to the world legal order written by Giorgi Matiashvili and published by Litres. This book was released on 2022-05-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Каждый человек имеет право на жизнь, из этого вытекает право человека на мир, связаное с правом на мир народа и государства. И это объязывает мирное сообщество применять принципымирного разрешения споров разного характера, в том числе и экологических споров.Надеемся, что эта работа поможет улучшить понимание взаимосвязи между защитой прав человека в соответствии с Европейской конвенцией о правах человека и окружающей средой.
Download or read book Reforming International Environmental Governance written by W. Bradnee Chambers and published by United Nations University Press. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Summit on Sustainable Development in Johannesburg in 2002 underscored the need to reform the current institutional framework for environmental governance. Chambers and Green, both affiliated with the United Nations University Institute of Advanced Studies in Japan, gather contributors to take up the question left unanswered at Johannesbur
Download or read book International Environmental Law and the Global South written by Shawkat Alam and published by Cambridge University Press. This book was released on 2015-09-17 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
