International Environmental Disputes
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The Peaceful Settlement Of International Environmental Disputes A Pragmatic Approach
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Author : Cesare Romano
language : en
Publisher: Springer
Release Date : 2000-10-20
The Peaceful Settlement Of International Environmental Disputes A Pragmatic Approach written by Cesare Romano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-20 with Law categories.
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.
Reflections On An International Environmental Court
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Author : Ellen Hey
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2000-10-10
Reflections On An International Environmental Court written by Ellen Hey and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-10 with Law categories.
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.
The Settlement Of International Environmental Disputes
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Author : Richard B. Bilder
language : en
Publisher:
Release Date : 1976
The Settlement Of International Environmental Disputes written by Richard B. Bilder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Environmental law categories.
International Environmental Disputes
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Author : Aaron Schwabach
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2005-12-13
International Environmental Disputes written by Aaron Schwabach and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-13 with Science categories.
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.
Conflicts In International Environmental Law
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2003-07-22
Conflicts In International Environmental Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-22 with Law categories.
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.
The Environment Through The Lens Of International Courts And Tribunals
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Author : Edgardo Sobenes
language : en
Publisher: Springer Nature
Release Date : 2022-06-01
The Environment Through The Lens Of International Courts And Tribunals written by Edgardo Sobenes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-01 with Law categories.
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.
Environmental Crimes In A Transnational Context Topical Issues Of International Environmental Disputes As A Risk Of Threat To The World Legal Order
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Author : Giorgi Matiashvili
language : ru
Publisher: Litres
Release Date : 2022-05-15
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 has been published by Litres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-15 with History categories.
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.
Science And Judicial Reasoning
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Author : Katalin Sulyok
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Science And Judicial Reasoning written by Katalin Sulyok and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Business & Economics categories.
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Contemporary Issues In International Environmental Law
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Author : M. Fitzmaurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Contemporary Issues In International Environmental Law written by M. Fitzmaurice 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 2009-01-01 with Law categories.
. . . 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.
International Courts And Environmental Protection
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Author : Tim Stephens
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-12
International Courts And Environmental Protection written by Tim Stephens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-12 with Law categories.
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.