Preservation Of Ecosystems Of International Watercourses And The Integration Of Relevant Rules
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Preservation Of Ecosystems Of International Watercourses And The Integration Of Relevant Rules
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Author : Lee Jing
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-07-17
Preservation Of Ecosystems Of International Watercourses And The Integration Of Relevant Rules written by Lee Jing 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 2014-07-17 with Law categories.
In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.
The Ecosystem Approach In International Environmental Law
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Author : Vito De Lucia
language : en
Publisher: Routledge
Release Date : 2019-03-28
The Ecosystem Approach In International Environmental Law written by Vito De Lucia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with Law categories.
The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
The Un Convention On The Law Of The Non Navigational Uses Of International Watercourses
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Author : Laurence Boisson de Chazournes
language : en
Publisher: Oxford University Press
Release Date : 2018-12-13
The Un Convention On The Law Of The Non Navigational Uses Of International Watercourses written by Laurence Boisson de Chazournes 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 2018-12-13 with Law categories.
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux préparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources. Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all those who seek a deep understanding of water law.
Incorporating Indigenous Rights In The International Regime On Biodiversity Protection
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Author : Federica Cittadino
language : en
Publisher: BRILL
Release Date : 2019-08-12
Incorporating Indigenous Rights In The International Regime On Biodiversity Protection written by Federica Cittadino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-12 with Law categories.
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.
Transboundary Water Cooperation
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Author : Patricia Wouters
language : en
Publisher: Routledge
Release Date : 2018-10-15
Transboundary Water Cooperation written by Patricia Wouters and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-15 with Nature categories.
China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China is of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China’s water resource issues, legal practices and options, examine case studies of China’s southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.
The Law Of The Sea
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Author : Nele Matz-Lück
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-19
The Law Of The Sea written by Nele Matz-Lück and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with Law categories.
The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.
Envisioning Our Environmental Future
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Author : B.H. Desai
language : en
Publisher: IOS Press
Release Date : 2022-09-09
Envisioning Our Environmental Future written by B.H. Desai and has been published by IOS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-09 with Science categories.
With the Stockholm+50 Conference, held on 2-3 June 2022, the global movement to protect the environment has reached a 50 year milestone. The first UN Conference on the Human Environment, also held in Stockholm, from 5-16 June 1972, proved to be the watershed in addressing this problem, and as the world assembles once more in the Swedish capital it is time to think aloud and look ahead. In his address in 1972, the then Swedish Prime Minister Olof Palme said: “The decisive question is in which direction we will develop ... there is no individual future, neither for people nor for nations.” The only other head of government to attend in 1972, Indian Prime Minister Indira Gandhi, highlighted the development as “one of the primary means of improving the environment of living, of providing food, water, sanitation and shelter, of making the deserts green and mountains habitable” and drew attention to the wisdom of the Atharva Veda: “What of thee I dig out; Let that quickly grow over; Let me not hit thy vitals or thy heart." As we look back over 50 years, we need to assess what has gone wrong in the trajectory travelled so far and look ahead to the future of our environment at this juncture and beyond. As a scholarly journal for global decision-makers, Environmental Policy and Law has sought to envision what lies ahead in the 21st century by inviting outstanding scholarly works from around the world. The 22 articles which resulted from this invitation are presented in this book, Envisioning Our Environmental Future, which is organised in three parts: Testing Times; Global Ideas; and Sectoral Ideas. The book is a sequel to Our Earth Matters (IOS Press), which was published on 5 June 2021. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law at the Centre for International Legal Studies, School of International Studies of Jawaharlal Nehru University, New Delhi. He is Editor-in-Chief of the global journals Environmental Policy and Law (Amsterdam: IOS Press) and Yearbook of International Environmental Law (Oxford: Oxford University Press). Prof. Desai’s ideas and proposals are reflected in his published books and in journals of international repute.
International Watercourses Law And Multilateral Environmental Agreements
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Author : Yang Liu
language : en
Publisher: BRILL
Release Date : 2024-02-06
International Watercourses Law And Multilateral Environmental Agreements written by Yang Liu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-06 with Law categories.
This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.
The Law Of Non Navigational Uses Of International Watercourses
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Author : Nahid Islam
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Law Of Non Navigational Uses Of International Watercourses written by Nahid Islam 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 2010-01-01 with Law categories.
Présentation de l'éditeur : "Despite Asia's large share of global water resources, and the importance of its water for sustaining one of the largest agrarian populations in the world, Asia's trans boundary water resource management regimes are poorly developed. There are only two working international regimes in South and South-east Asia: the Mekong and the Indus regimes. The remaining international watercourses in Asia are used by riparian countries in a self-interested manner, without much consideration for the interests of other states or for the environment. These national interests do not often represent the interests and needs of the local people. This book is divided into three Parts. Part I discusses the different contexts of law-making in the industrialized west and in agrarian societies in Asia, as well as the changing context of law-making following the emergence of the concept of sustainable development. Part II discusses the regime of international watercourses. Part III of the book presents two case studies in Asia: the Mekong and the Ganges. The main argument is that in the absence of public participation in decision-making and resource management, the basin states revert to using the watercourses according to the principles of the classical regime. The result, so far, has been unsustainable development, environmental degradation and growing poverty of local user communities."
International Law For Freshwater Protection
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Author : Agnes Chong
language : en
Publisher: BRILL
Release Date : 2022-04-04
International Law For Freshwater Protection written by Agnes Chong and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
International Law for Freshwater Protection traces the development of international water law on fresh water protection and demonstrates how the regime focuses on the utilisation and rights of sovereign states over the protection and sustainable growth of shared water resources. The evolving jurisprudence influenced by environmental law highlights the regime’s insufficient focus on the environmental protection of watercourses. This book argues that existing rules, mechanisms and norms within international law can address the regime’s imbalance and establish how these might be applied to improve freshwater protection.