Authority and Legitimacy of Environmental Post-treaty Rules PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Authority and Legitimacy of Environmental Post-treaty Rules PDF full book. Access full book title Authority and Legitimacy of Environmental Post-treaty Rules by Tim Staal. Download full books in PDF and EPUB format.
Author: Tim Staal Publisher: ISBN: 9781509925599 Category : Languages : en Pages : 328
Book Description
"In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform."--Bloomsbury Publishing.
Author: Tim Staal Publisher: ISBN: 9781509925599 Category : Languages : en Pages : 328
Book Description
"In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform."--Bloomsbury Publishing.
Author: Tim Simon Gan Staal Publisher: ISBN: 9789462336391 Category : Languages : en Pages : 0
Book Description
"A vast and complex web of environmental 'post-treaty rules' (PTRs) has become central to developing international environmental governance. These PTRs include resolutions, recommendations, decisions, guidelines, principles and modalities adopted in the aftermath of Multilateral Environmental Agreements (MEAs) by Conferences and Meetings of the Parties (COPs and MOPs). But where, how and over whom do these hundreds of instruments wield authority? Are they mere 'political commitments' between government representatives? Or do they create legal obligations? Can governments invoke them against individuals and companies? And are these rules increasing or decreasing environmental protection? This study answers such questions by applying a theoretical framework of authority and legitimacy to the post-treaty rules of four international environmental treaty regimes - on wetlands, trade in endangered species, the ozone layer and climate change. In doing so, it aims to enable international (environmental) lawyers to gain a better grasp on this important subject, while raising awareness among practitioners of the vulnerabilities of the PTR practice. A key finding is that the authority of post-treaty rules is sharply compartmentalized between the regimes where they originate (high authority), and the international legal order and the national legal orders (low authority). The study suggests that this difference is due to the strong reliance of PTRs' authority on legitimacy beliefs, rather than legal obligation. This comes at a cost of fundamental procedural principles. It finds that PTRs' main asset over treaty amendments - their flexibility - is a liability too, because it facilitates diminishing past gains as well."--Samenvatting auteur.
Author: Tim Staal Publisher: Bloomsbury Publishing ISBN: 1509925589 Category : Law Languages : en Pages : 288
Book Description
In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.
Author: Birgit Hollaus Publisher: Edward Elgar Publishing ISBN: 1035302608 Category : Law Languages : en Pages : 333
Book Description
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Author: Janne E. Nijman Publisher: Springer Nature ISBN: 9462653313 Category : Law Languages : en Pages : 309
Book Description
This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law./div
Author: Jutta Brunnée Publisher: BRILL ISBN: 9004444386 Category : Law Languages : en Pages : 240
Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Author: Duncan B. Hollis Publisher: Oxford University Press ISBN: 0192587749 Category : Law Languages : en Pages : 897
Book Description
The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.
Author: Rüdiger Wolfrum Publisher: Springer Science & Business Media ISBN: 3540777644 Category : Law Languages : en Pages : 423
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author: Samantha Besson Publisher: Oxford University Press ISBN: 0198745362 Category : Law Languages : en Pages : 1233
Book Description
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Author: Noel Cox Publisher: Routledge ISBN: 1351895753 Category : Law Languages : en Pages : 254
Book Description
The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.
Author: Tim Staal
Author: Tim Staal
Author: Tim Simon Gan Staal
Author: Tim Staal
Author: Birgit Hollaus
Author: Janne E. Nijman
Author: Jutta Brunnée
Author: Duncan B. Hollis
Author: Rüdiger Wolfrum
Author: Samantha Besson
Author: Noel Cox