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Author: Tuula Honkonen Publisher: Kluwer Law International B.V. ISBN: 9041131531 Category : Law Languages : en Pages : 434
Book Description
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.
Author: Tuula Honkonen Publisher: Kluwer Law International B.V. ISBN: 9041131531 Category : Law Languages : en Pages : 434
Book Description
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.
Author: Farhana Yamin Publisher: Cambridge University Press ISBN: 9781139447751 Category : Law Languages : en Pages : 734
Book Description
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.
Author: Jorge E. Viñuales Publisher: OUP Oxford ISBN: 0191510424 Category : Law Languages : en Pages : 831
Book Description
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.
Author: Sumudu Atapattu Publisher: BRILL ISBN: 9047440145 Category : Law Languages : en Pages : 564
Book Description
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.
Author: Philippe Sands Publisher: Cambridge University Press ISBN: 9780521521062 Category : Law Languages : en Pages : 1252
Book Description
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.
Author: Daniel Bodansky Publisher: Oxford University Press ISBN: 0199664293 Category : Law Languages : en Pages : 417
Book Description
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author: Ulrich Beyerlin Publisher: Bloomsbury Publishing ISBN: 1847317685 Category : Law Languages : en Pages : 457
Book Description
International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.
Author: Fitzmaurice, Malgosia Publisher: Edward Elgar Publishing ISBN: 1786439719 Category : Law Languages : en Pages : 544
Book Description
This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.
Author: Tuula Honkonen
Author: Tuula Honkonen
Author: Philippos C. Spyropoulos
Author: Benoit Mayer
Author: Farhana Yamin
Author: Jorge E. Viñuales
Author: Sumudu Atapattu
Author: Philippe Sands
Author: Daniel Bodansky
Author: Ulrich Beyerlin
Author: Fitzmaurice, Malgosia