The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements
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The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements
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Author : Tuula Honkonen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements written by Tuula Honkonen 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 2009-01-01 with Law categories.
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateands right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.
The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements
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Author : Philippos C. Spyropoulos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-08-24
The Common But Differentiated Responsibility Principle In Multilateral Environmental Agreements written by Philippos C. Spyropoulos 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 2009-08-24 with Law categories.
The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements
Debating Climate Law
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Author : Benoit Mayer
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-24
Debating Climate Law written by Benoit Mayer 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 2021-06-24 with Law categories.
An innovative volume that covers all the common topics of climate law currently debated in the global academic community.
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. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction. While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction 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. It is here the strength of the book lies. The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues. Published under the Transnational Publishers imprint.
The International Climate Change Regime
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Author : Farhana Yamin
language : en
Publisher: Cambridge University Press
Release Date : 2004-12-09
The International Climate Change Regime written by Farhana Yamin 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 2004-12-09 with Law categories.
This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.
The Rio Declaration On Environment And Development
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Author : Jorge E. Viñuales
language : en
Publisher: OUP Oxford
Release Date : 2015-02-05
The Rio Declaration On Environment And Development written by Jorge E. Viñuales and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-05 with Law categories.
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
The Implementation Of The Paris Agreement On Climate Change
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Author : Vesselin Popovski
language : en
Publisher: Routledge
Release Date : 2018-10-03
The Implementation Of The Paris Agreement On Climate Change written by Vesselin Popovski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-03 with Law categories.
In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.
Principles Of International Environmental Law
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Author : Philippe Sands
language : en
Publisher: Cambridge University Press
Release Date : 2003-10-09
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 2003-10-09 with Law categories.
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
The Mitigation Of Marine Plastic Pollution In International Law
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Author : Judith Schäli
language : en
Publisher: BRILL
Release Date : 2022-04-19
The Mitigation Of Marine Plastic Pollution In International Law written by Judith Schäli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-19 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.