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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: 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: Rebecca M. Bratspies Publisher: Cambridge University Press ISBN: 9780521126427 Category : Law Languages : en Pages : 372
Book Description
The Russian media are widely seen to be increasingly controlled by the government. Leaders buy up opposing television channels and pour money in as fast as it hemorrhages out. As a result, TV news has become narrower in scope and in the range of viewpoints which it reflects: leaders demand assimilation and shut down dissenting stations. Using original and extensive focus group research and new developments in cognitive theory, Ellen Mickiewicz unveils a profound mismatch between the complacent assumption of Russian leaders that the country will absorb their messages, and the viewers on the other side of the screen. This is the first book to reveal what the Russian audience really thinks of its news and the mental strategies they use to process it. The focus on ordinary people, rather than elites, makes a strong contribution to the study of post-communist societies and the individual's relationship to the media.
Author: André Nollkaemper Publisher: Cambridge University Press ISBN: 1107107091 Category : Law Languages : en Pages : 1229
Book Description
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
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: Hanqin Xue Publisher: Cambridge University Press ISBN: 9780521118309 Category : Law Languages : en Pages : 404
Book Description
The Chernobyl disaster, "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 for governmental officials, international lawyers and jurists. It covers existing laws on international liability and the underlying legal issues that require further development.
Author: R. Lefeber Publisher: Martinus Nijhoff Publishers ISBN: 9789041102751 Category : Law Languages : en Pages : 384
Book Description
On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Author: Joanna Kulesza Publisher: BRILL ISBN: 9004325190 Category : Law Languages : en Pages : 331
Book Description
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
Author: Roda Verheyen Publisher: Martinus Nijhoff Publishers ISBN: 9004146504 Category : Law Languages : en Pages : 419
Book Description
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
Author: Rebecca M. Bratspies
Author: Rebecca M. Bratspies
Author: Rebecca M. Bratspies
Author: André Nollkaemper
Author: Jutta Brunnée
Author: Hanqin Xue
Author: Leslie-Anne Duvic-Paoli
Author: Francesco Francioni
Author: R. Lefeber
Author: Joanna Kulesza
Author: Roda Verheyen