Precautionary Legal Duties And Principles Of Modern International Environmental Law


Precautionary Legal Duties And Principles Of Modern International Environmental Law
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Precautionary Legal Duties And Principles Of Modern International Environmental Law


Precautionary Legal Duties And Principles Of Modern International Environmental Law
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Author : Harald Hohmann
language : en
Publisher:
Release Date : 1994

Precautionary Legal Duties And Principles Of Modern International Environmental Law written by Harald Hohmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.




Contemporary Issues In International Environmental Law


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.



The Precautionary Principle And International Law The Challenge Of Implementation


The Precautionary Principle And International Law The Challenge Of Implementation
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Author : David Freestone
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1996-01-01

The Precautionary Principle And International Law The Challenge Of Implementation written by David Freestone and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.


Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.



Emerging Principles Of International Environmental Law


Emerging Principles Of International Environmental Law
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Author : Sumudu Atapattu
language : en
Publisher: BRILL
Release Date : 2007-04-30

Emerging Principles Of International Environmental Law written by Sumudu Atapattu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Law categories.


Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.



Precautionary Rights And Duties Of States


Precautionary Rights And Duties Of States
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Author : Arie Trouwborst
language : en
Publisher: BRILL
Release Date : 2006-06-01

Precautionary Rights And Duties Of States written by Arie Trouwborst and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-01 with Law categories.


Concluding that the precautionary principle embodies customary international law is one thing. Determining what this means is quite another. That challenge is met by this work, which resolves a number of crucial questions concerning the scope of this principle of international environmental law; the conditions triggering a right or duty to take precautionary action; the measures to be taken; the allocation of the burden of proof; and the role of socio-economic factors. These questions are dealt with one at a time through the charting and analysis of patterns and common denominators in the extensive (inter)national practice of states regarding the precautionary principle. The hard legal core of the principle is thus gradually exposed. In the process, a realistic and accessible account is given of how and to what extent this general principle can and does direct the actions of states in concrete instances. Ultimately, this work sets out what it takes to act in conformity with the precautionary principle under general international law, and will be of interest to anyone involved with international law and environmental protection.



Evolution And Status Of The Precautionary Principle In International Law


Evolution And Status Of The Precautionary Principle In International Law
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Author : Arie Trouwborst
language : en
Publisher: Springer
Release Date : 2002-02-27

Evolution And Status Of The Precautionary Principle In International Law written by Arie Trouwborst and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-27 with Law categories.


The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, In turn, Is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. The book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. This manuscript was awarded the François Prize 2001 by the Netherlands Society of International Law / Netherlands Branch of the ILA. `[The precautionary principle] has been cited in an increasing number of legal proceedings, including those in the International Court of Justice, The International Tribunal For The Law of the Sea And The WTO Appellate Body, As well as in the courts of a large number of states, including the supreme courts of India and Canada.' (from the Preface by the Series Editors)



Advanced Introduction To International Environmental Law


Advanced Introduction To International Environmental Law
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Author : Ellen Hey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-02-26

Advanced Introduction To International Environmental Law written by Ellen Hey 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 2016-02-26 with Law categories.


Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: • Concise and compact overview • Discusses contemporary developments • Examines IEL’s relationship to other areas of international law • Considers the social-economic context.



Environmental Principles


Environmental Principles
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Author : Nicolas de Sadeleer
language : en
Publisher: Oxford University Press
Release Date : 2020-10-30

Environmental Principles written by Nicolas de Sadeleer 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 2020-10-30 with Law categories.


This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.



Principles Of International Environmental Law


Principles Of International Environmental Law
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Author : Philippe Sands
language : en
Publisher: Cambridge University Press
Release Date : 2018-03

Principles Of International Environmental Law written by Philippe Sands 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 2018-03 with Law categories.


The new edition of this essential text offers a comprehensive, critical and future-thinking commentary on international environmental law.



Comparative And Global Environmental Law And Policy


Comparative And Global Environmental Law And Policy
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Author : Tseming Yang
language : en
Publisher: Aspen Publishing
Release Date : 2019-09-13

Comparative And Global Environmental Law And Policy written by Tseming Yang and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-13 with Law categories.


Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.