International Law and the Environment

Variations on a Theme

Author: Tuomas Kuokkanen

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041119506

Category: Law

Page: 412

View: 1351

This work contributes to the study of "international environmental law", addressing its development over three time periods: the traditional period, the modern era, and the post-modern period. It challenges the reader to think about the subject and its development within a broader framework.

International Law for Energy and the Environment, Second Edition

Author: Patricia Park

Publisher: CRC Press

ISBN: 1439870969

Category: Business & Economics

Page: 404

View: 5565

This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has been aptly renamed International Law for Energy and the Environment. It considers issues of energy sector regulation related to economics and protection of intellectual property associated with development of technologies for mitigating environmentally damaging emissions. The book is divided into three sections that build upon each other. Section I addresses the interrelationship between international law, environmental law, and the energy sector. It covers regulatory theory within an economic context; the regulation of multinational companies with regard to international regulation and state rules; and trade, competition, and environmental law in the energy sector. Section II examines the regulation of the various energy sectors—oil, gas, and nuclear—and how international law affects them and their ownership, risk, and liability. Section III considers some of the main energy producer/user jurisdictions where energy companies operate, including more developed systems around the world, such as the United States, the European Union, the United Kingdom, Norway, and Australia as well as two major emerging economies, namely, India and China. The final chapter reviews the material presented in the book, drawing conclusions about the current state of environmental regulation in the energy sector and identifying potential future developments.

Human Rights and the Environment

Cases, Law, and Policy

Author: Svitlana Kravchenko

Publisher: N.A

ISBN: N.A

Category: Law

Page: 637

View: 755

Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.

International Law and the Environment

Author: Patricia W. Birnie,Alan E. Boyle,Catherine Redgwell

Publisher: Oxford University Press, USA

ISBN: 9780198764229

Category: Law

Page: 851

View: 7695

Assessing the basic principles, structure and effectiveness of the international legal system concerning the protection of the world's natural environment, this text has been updated to take account of developments in genetically modified organisms and biotechnology.

International Environmental Law and the Conservation of Coral Reefs

Author: Edward J. Goodwin

Publisher: Taylor & Francis

ISBN: 1136725288

Category: Law

Page: 320

View: 849

The book critically analyses the environmental treaty regimes which are designed to conserve coral reef ecosystems. The book looks at the subject from a number of coral reef perspectives such as coverage of these ecosystems, internal promotion of conservation, national implementation, and discusses the wider implications for international environmental law.

Energy Law and the Environment

Author: Rosemary Lyster,Adrian Bradbrook

Publisher: Cambridge University Press

ISBN: 9781139454872

Category: Law

Page: N.A

View: 1264

Unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. This book was first published in 2006.

Trade and the Environment

Fundamental Issues in International Law, WTO Law, and Legal Theory

Author: Erich Vranes

Publisher: Oxford University Press, USA

ISBN: 9780199562787

Category: Law

Page: 441

View: 1778

The relationship between WTO law and international and domestic efforts to protect the environment is a central concern in WTO and international environmental law. This book analyses these issues by examining the interaction between WTO law and 'other' international law, the WTO law and domestic law, and the contents and the interrelations between fundamental provisions of WTO law.

Foreign Investment, Human Rights and the Environment

A Perspective from South Asia on the Role of Public International Law for Development

Author: Shyami Fernando Puvimanasinghe

Publisher: Martinus Nijhoff Publishers

ISBN: 9004156860

Category: Law

Page: 284

View: 9271

Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Bridging the Gap Between International Investment Law and the Environment

Author: Yulia Levashova,Ige F. Dekker,Tineke E. Lambooy

Publisher: N.A

ISBN: 9789462365872

Category: Law

Page: 540

View: 3413

This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]

Human Rights and the Environment

Philosophical, Theoretical and Legal Perspectives

Author: Linda Hajjar Leib

Publisher: Martinus Nijhoff Publishers

ISBN: 9004188649

Category: Law

Page: 182

View: 3699

The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.

International Law for the Environment

Author: Edith Brown Weiss,A. Tarlock

Publisher: West Academic Publishing

ISBN: 9780314288271

Category:

Page: 1420

View: 8229

International Law for the Environment is a comprehensive exposition of contemporary international environmental law and the governance institutions that implement it. Part I sets out the drivers of threats to the planet's air, water and social support systems, the philosophical, economic, and scientific foundations of the legal responses to these threats, and the customary and treaty-based legal regimes that have emerged. These regimes are placed in the context of general international law. Part II introduces the students to the major treaty-based regimes such as those addressing transboundary air and water pollution, the control of pollutants which deplete the ozone layer, global climate change, the protection of oceans and polar regions, the disposal of hazardous wastes outside the country of origin, the protection and allocation of fresh waters and the restoration of degraded aquatic ecosystems, and the conservation of biological diversity. Also addressed is the linkage between agricultural production and the environment. Part III examines the integration of environmental considerations into international regimes such as human rights and environmental justice, international trade law and the financing of sustainable development. Environmental governance is discussed in Part IV, together with material on international environmental institutions and the international legal system. Throughout the book the incorporation of international environmental law principles and treaty obligations into national judicial decisions and legislation is stressed.

International Environmental Law and Policy

Author: Edith Brown Weiss

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 1205

View: 2769

This dynamic casebook takes an interdisciplinary approach in an analytical framework that can be applied to any international environmental legal problem. By studying both legal and non-legal issues, students gain a full and meaningful understanding of this global problem and its legal solutions. International Environmental Law and Policy is the perfect vehicle for tackling the challenges of international environmental law from a global perspective. International Environmental Law and Policy leads students from fundamental issues to sophisticated applications in four main parts: The Nature of International Environmental Issues - Basic Concepts and Context explores non-legal issues such as: global population; intergenerational equity; risk assessments; the tension between industrialized and developing countries; and the underpinning legal issues of public international law and international institutions: Pollution Control offers a detailed analysis of the 'precautionary principle,' the right to a clean environment, general norms applicable to environmental agencies, general principles of international responsibility for environmental harm, and environmental warfare. Natural Resource Management presents detailed discussions of the 'Harmon Doctrine,' the World Heritage Convention, options for conserving biologicla diversity, the Convention on International Trade in Endangered Species (CITES), and the protection of whales and other species Trade and Finance delves into dispute settlement in the World Trade Organization, the North American Free Trade Agreement, multilateral development banks, debt relief approaches, and funds for the environment. The authors use a skillful blend of material to capture and hold student interest including: detailed case studies that explore international environmental norms exercises which make students apply specific legal rules to real-world cases careful analysis of four principal cases: Trail Smelter; Corfu Channel; Lac Lanous; and Nuclear Weapons Testing appendixes on Researching International Environmental Law, International Organizations, and General Steps in Formulating Multilateral Agreements detailed discussions on the relationship between the international and domestic implementation of law in-depth coverage of the liability, accountability, and valuation of natural resource damages

Basic documents on international law and the environment

Author: Patricia W. Birnie,Alan E. Boyle

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 688

View: 9913

Basic Documents on International Law offers an authoritative and wide-ranging selection of key documents in this important and increasingly popular area of law and will provide students and scholars with an invaluable companion to the authors' highly successful textbook International Law andthe Environment. The editors have compiled a collection which includes all the major treaties and other legal instruments relevant to the protection of the environment in international law. Topics coverd include the codification and development of international environmental law, marine pollusion, the protection ofthe atmosphere, nuclear risks, control of hazardous substances, and international watercourses. Each text is preceded by a short introduction by the editors, who are both leading scholars in the field.

Greening International Law

Author: Philippe Sands

Publisher: Earthscan

ISBN: 9781853831515

Category: Business & Economics

Page: 260

View: 1634

Leading experts show how international law and legal institutions need to develop to deal with emerging environmental issues.