Transfrontier Pollution And International Law
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Transboundary Air Pollution
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Author : Cees Flinterman
language : en
Publisher: BRILL
Release Date : 1986-01-01
Transboundary Air Pollution written by Cees Flinterman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-01-01 with Law categories.
This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). Numerous regional instruments included are: those of the UN ECE, OECD, EEC & other organizations of the industrialized states; instruments related to Antarctica; & to the major developing state regions (Africa, Latin America & the Caribbean, South Atlantic Zone, Asia & the Pacific), including the 1998 ACP-EEC Lome IV Convention & the 1991 OAU Bamako Convention. Two US treaties on hazardous waste export controls with Mexico & Canada form notable instances of bilateral measures. Some documents of Greenpeace & other non-governmental organizations are also added. An incisive Editors' Introduction & a comprehensive general index provide the reader with easy access to these vital instruments. This timely work aims to clarify & aid the increasingly intricate international debate on hazardous waste production & disposal, & reduce the conflict between North & South on the export of such waste to Third World countries. In addition, the prospects of South-South traffic, as developing states push towards industrialization, underline the urgent need for prompt & tough action. The Editors Barbara Kwiatkowska & Alfred Soons, both experienced authors on international law issues have been guided in the preparation of this unique collection by several outstanding experts, members of the Volume's Advisory Board, including Francis Njenga, S ecretary-General, Asian-African Legal Consultative Committee , New Delhi, Peter Sand, Principal Legal Officer, UNCED-Geneva, Henri Smets, Environment Directorate, OECD, Paris, Lee A. Kimball, Senior Associate, World Resources Institute, Washington, D.C. , Hans Lammers, Deputy Legal Adviser, Netherlands Foreign Office, The Hague & Iwona Rummel-Bulska, Chief, Environmental Law & Institutions Unit & Coordinator of the Basel Convention, UNEP-Nairobi/Geneva. The leading role of UNEP in seeking satisfactory solutions to the new environmental problems raised by hazardous wastes is accentuated in the Preface to the book by the honourable Dr Mostafa K. Tolba, E xecutive-Director of UNEP. The 'collective approach is' as he rightly put it 'our only option to care & share the only one Earth'.
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law
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Author : Guillaume Laganière
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law written by Guillaume Laganière and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Transboundary Pollution
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Author : S. Jayakumar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-05-29
Transboundary Pollution written by S. Jayakumar 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 2015-05-29 with Law categories.
This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in
Transboundary Damage In International Law
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Author : Hanqin Xue
language : en
Publisher: Cambridge University Press
Release Date : 2003-03-13
Transboundary Damage In International Law written by Hanqin Xue 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 2003-03-13 with Law categories.
The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
Marine Pollution Shipping Waste And International Law
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Author : Gabriela Argüello
language : en
Publisher: Routledge
Release Date : 2019-07-22
Marine Pollution Shipping Waste And International Law written by Gabriela Argüello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-22 with Law categories.
Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies. By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.
Transfrontier Pollution And International Law
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Author : Centre d'Etude et de Recherche de Droit Internationale et de Relations Internationales Staff
language : en
Publisher: Springer
Release Date : 1986-08-26
Transfrontier Pollution And International Law written by Centre d'Etude et de Recherche de Droit Internationale et de Relations Internationales Staff and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-08-26 with Law categories.
China And International Environmental Liability
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Author : Michael G. Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
China And International Environmental Liability written by Michael G. Faure 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 2008-01-01 with Law categories.
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Land Based Marine Pollution
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Author : Meng Qing-Nan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
Land Based Marine Pollution written by Meng Qing-Nan 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 2023-09-20 with Law categories.
International Law And Pollution
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Author : Daniel Barstow Magraw
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
International Law And Pollution written by Daniel Barstow Magraw and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Law categories.
The topic of the essays in this book, the threat posed to our environment by various sources and types of pollution, is a matter of serious and growing concern. The contributors are leading international experts from a variety of legal systems and backgrounds and include Andronico Adede, Ian Brownlie, Pierre-Marie Dupuy, Johan Lammers, and Paul Szasz. International Law and Pollution provides an overview of international legal principles and institutional efforts relevant to pollution and then focuses on two particularly acute problems: nuclear pollution and acid rain. A variety of substantive issues must be confronted in order to deal with the full range of international pollution, and various institutional approaches must be utilized in the prevention, cleanup, and compensation efforts. For example, pollution from nuclear accidents results from a single event, whereas acid rain is a product of chronic emissions; the legal and policy concerns differ accordingly. In the overview, Daniel Barstow Magraw discusses fundamental concepts of international pollution, analytic distinctions among types of pollution, paradigmatic responses to pollution, and the relationship among environmental protection, economic development, and human rights. Other authors examine the existing and evolving principles of customary international law relevant to pollution, the U.N. International Law Commission's work on international liability and international watercourses, and a practitioner's perspective. The chapters on nuclear pollution analyze the conventional regimes and customary principles applicable to this field (including the Chernobyl disaster) and the determination and measurement of damages. Finally, the chapters on acid precipitation summarize the scientific background of the problem and present the multilayered European efforts to control acid rain as well as the Canada-United States acid rain controversy. International Law and Pollution will be of interest to scholars and students of environmental law and international law.
State Responsibility For Transboundary Air Pollution In International Law
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Author : Phoebe N. Okowa
language : en
Publisher:
Release Date : 2004
State Responsibility For Transboundary Air Pollution In International Law written by Phoebe N. Okowa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Electronic books categories.
State Responsibility for Transboundary Air Pollution in International Law systematically analyses the unique nature of problems that transboundary air pollution presents in international law. Although an attempt is made to present transboundary air pollution as a unified field, a distinction is made between pollution from industrial and related sources, and those from nuclear operations, given the very serious nature of risks that nuclear pollution presents. The book extensively considers existing regulatory frameworks as found in treaty regimes and non-binding instruments. The role as well as the shortcomings of traditional international law, especially the application of principles of state responsibility to problems involving multiple actors, and which cannot therefore be easily accommodated within the present bilateral framework of dispute resolution in international law is given extended treatment. The potential role of institutions charged with supervising compliance is also undertaken and the status of emergent principles is critically assessed. The issues examined in this book are of much contemporary relevance and will appeal to those interested in the legal aspects of transboundary air pollution as well as those concerned with the general issues surrounding the application of international law to environmental problems.