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Author: S. Jayakumar Publisher: Edward Elgar Publishing ISBN: 1784715794 Category : Law Languages : en Pages : 453
Book Description
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
Author: S. Jayakumar Publisher: Edward Elgar Publishing ISBN: 1784715794 Category : Law Languages : en Pages : 453
Book Description
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
Author: Cees Flinterman Publisher: BRILL ISBN: 9789024732852 Category : Law Languages : en Pages : 400
Book Description
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'.
Author: Linda Fernandez Publisher: Springer Science & Business Media ISBN: 0306479613 Category : Technology & Engineering Languages : en Pages : 501
Book Description
The Mexican -- United States border represents much more than the meeting place of two nations. Our border communities are often a line of first defense -- absorbing the complex economic, environmental and social impacts of globalization that ripple through the region. In many ways, our success or failure in finding solutions for the environmental, social and economic issues that plague the region may well define our ability to meet similar challenges thousands of miles from the border zone. Border residents face the environmental security concerns posed by water scarcity and transboundary air pollution; the planning and infrastructure needs of an exploding population; the debilitating effects of inadequate sanitary and health facilities; and the crippling cycle of widespread poverty. Yet, with its manifold problems, the border area remains an area of great dynamism and hope -- a multicultural laboratory of experimentation and grass-roots problem-solving. Indeed, as North America moves towards a more integrated economy, citizen action at the local level is pushing governments to adapt to the driving forces in the border area by creating new institutional arrangements and improving old ones. If there is one defining feature of this ground-up push for more responsive transboundary policies and institutions, it is a departure from the closed, formalistic models of the past to a more open, transparent and participatory model of international interaction.
Author: Phoebe N. Okowa Publisher: ISBN: Category : Electronic books Languages : en Pages : 278
Book Description
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.
Author: Rebecca M. Bratspies Publisher: Cambridge University Press ISBN: 1139458434 Category : Law Languages : en Pages : 6
Book Description
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
Author: Guillaume Laganière Publisher: Bloomsbury Publishing ISBN: 1509951164 Category : Law Languages : en Pages : 334
Book Description
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.
Author: National Research Council Publisher: National Academies Press ISBN: 0309144019 Category : Nature Languages : en Pages : 248
Book Description
Recent advances in air pollution monitoring and modeling capabilities have made it possible to show that air pollution can be transported long distances and that adverse impacts of emitted pollutants cannot be confined to one country or even one continent. Pollutants from traffic, cooking stoves, and factories emitted half a world away can make the air we inhale today more hazardous for our health. The relative importance of this "imported" pollution is likely to increase, as emissions in developing countries grow, and air quality standards in industrial countries are tightened. Global Sources of Local Pollution examines the impact of the long-range transport of four key air pollutants (ozone, particulate matter, mercury, and persistent organic pollutants) on air quality and pollutant deposition in the United States. It also explores the environmental impacts of U.S. emissions on other parts of the world. The book recommends that the United States work with the international community to develop an integrated system for determining pollution sources and impacts and to design effective response strategies. This book will be useful to international, federal, state, and local policy makers responsible for understanding and managing air pollution and its impacts on human health and well-being.
Author: EJ. Medina Publisher: ISBN: Category : Binational accords Languages : en Pages : 17
Book Description
This paper presents an overview of pollution issues affecting the Mexico-US border region, and briefly traces the development of the international legal framework which covers Mexico-US border relations on environmental issues. Examples from different border areas are used to illustrate surface water, groundwater, air pollution, and hazardous waste problems associated with the rapid growth and industrialization of areas along the border. Some of the specific issues presented include the Tijuana-San Diego sewage problem, the New River toxic discharges, Nogales Wash groundwater pollution, air pollution in Cd. Juarez-El Paso, and the Alco-Pacifico lead contamination case in Tijuana, B.C. Additional research to characterize the extent of border area pollution and resultant ecological impacts is fundamental in the development of binational policies to deal with these problems. Another priority need is the application of risk assessment models, which will help policy makers on both sides of the border to coordinate efforts and allocate resources to solve this crisis. Immediate attention should be directed toward acquiring information necessary to evaluate the impacts of border-area pollution on natural ecosystems.
Author: Lawrence Susskind Publisher: John Wiley & Sons ISBN: 0787966592 Category : Political Science Languages : en Pages : 496
Book Description
Transboundary Environmental Negotiation is an important collection of articles generated by faculty and graduate students at MIT, the Fletcher School of Law and Diplomacy at Tufts University, and the Program on Negotiation at Harvard Law School. The contributors emphasize the ways in which global environmental treaty-making can be improved. They highlight new environmental problems that pose difficult global negotiation challenges and suggest new strategies for involving a range of nongovernmental actors in ways that can overcome the obstacles to transboundary environmentalism.