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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: 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: 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: 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: Michael G. Faure Publisher: Edward Elgar Publishing ISBN: 1848445008 Category : Law Languages : en Pages : 381
Book Description
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Author: Convention on Long Range Transboundary Air Pollution Working Group on Effects Publisher: ISBN: 9781870393522 Category : Air Languages : en Pages : 81
Author: Anton Earle Publisher: Earthscan ISBN: 184977658X Category : Business & Economics Languages : en Pages : 280
Book Description
The management of water resources across boundaries, whether sub-national or international, is one of the most difficult challenges facing water managers today. The upstream exploitation or diversion of groundwater or rivers can have devastating consequences for those living downstream, and transboundary rivers can provide a source of conflict between nations or states, particularly where water resources are scarce. Similarly, water based-pollution can spread across borders and create disputes and a need for sound governance.This book is the first to bring together in a concise and accessible way all of the main topics to be considered when managing transboundary waters. It will raise the awareness of practitioners of the various issues needed to be taken into account when making water management decisions and provide a practically-based overview for advanced students. The authors show clearly how vital it is to cooperate effectively over the management of shared waters to unlock their contribution to regional sustainable development. The book is largely based on a long-running and tested international training programme, run by the Stockholm International Water Institute and Ramboll Natura, and supported by the Swedish International Development Co-operation Agency (Sida), where the respective authors have presented modules on the programmes. It addresses issues not only of conflict, but also of managing power asymmetries, benefit-sharing, stakeholder participation, international water law, environmental water requirements and regional development. It will be particularly useful for those with a background in hydrology or engineering who wish to broaden their management skills.
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: S. Jayakumar
Author: S. Jayakumar
Author: Cees Flinterman
Author: Guillaume Laganière
Author: Linda Fernandez
Author: Rebecca M. Bratspies
Author: Michael G. Faure
Author: Convention on Long Range Transboundary Air Pollution Working Group on Effects
Author: Jill Engel-Cox
Author: Anton Earle
Author: Phoebe N. Okowa