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Extraterritoriality And Climate Change Jurisdiction

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Extraterritoriality And Climate Change Jurisdiction

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Author : Natalie L Dobson
language : en
Publisher:
Release Date : 2021

Extraterritoriality And Climate Change Jurisdiction written by Natalie L Dobson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Climate change mitigation categories.

"This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns."--

Global Environmental Protection Through Trade

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Author : Barbara Cooreman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-04-28

Global Environmental Protection Through Trade written by Barbara Cooreman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-28 with categories.

Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.

Extraterritoriality And Climate Change Jurisdiction

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Author : Natalie L Dobson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-23

Extraterritoriality And Climate Change Jurisdiction written by Natalie L Dobson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Law categories.

This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.

Extraterritoriality And Climate Change Jurisdiction

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Author : Natalie L Dobson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-23

Extraterritorial Application Of Human Rights Treaties

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Author : Marko Milanovic
language : en
Publisher: Oxford University Press
Release Date : 2011-07-14

Extraterritorial Application Of Human Rights Treaties written by Marko Milanovic and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.

Expanded version of author's thesis (doctoral)--University of Cambridge, 2010.

Extraterritoriality Of Eu Economic Law

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Author : Nuno Cunha Rodrigues
language : en
Publisher: Springer Nature
Release Date : 2021-10-28

Extraterritoriality Of Eu Economic Law written by Nuno Cunha Rodrigues and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Law categories.

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.

Protecting Animals Within And Across Borders

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Author : Charlotte E. Blattner
language : en
Publisher: Oxford University Press
Release Date : 2019

Protecting Animals Within And Across Borders written by Charlotte E. Blattner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.

based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

The Routledge Handbook On Extraterritorial Human Rights Obligations

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Author : Mark Gibney
language : en
Publisher: Routledge
Release Date : 2021-12-24

The Routledge Handbook On Extraterritorial Human Rights Obligations written by Mark Gibney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with Political Science categories.

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Climate Change Litigation Global Perspectives

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Author : Ivano Alogna
language : en
Publisher: BRILL
Release Date : 2021-04-26

Climate Change Litigation Global Perspectives written by Ivano Alogna and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with Law categories.

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Jurisdiction In International Law

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Author : Cedric Ryngaert
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

Jurisdiction In International Law written by Cedric Ryngaert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Extraterritoriality And Climate Change Jurisdiction

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