The Environment, Risk and Liability in International Law

The Environment, Risk and Liability in International Law
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 231
Release :
ISBN-10 : 9789004188785
ISBN-13 : 9004188789
Rating : 4/5 (85 Downloads)

Synopsis The Environment, Risk and Liability in International Law by : Julio Barboza

The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.

Liability and Environment

Liability and Environment
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 744
Release :
ISBN-10 : 9041116451
ISBN-13 : 9789041116451
Rating : 4/5 (51 Downloads)

Synopsis Liability and Environment by : Lucas Bergkamp

"This book provides an analysis of civil liability for environmental harm in an inter- and transnational context. It covers both liability of private parties and state liability under international and EC law, and discusses national law developments in this area. It explores in particular the relationship between public environmental law and private liability law. Applying an instrumental approach to legal instruments, it aims to redefine the role of liability in this heavily regulated area." -- from the Preface.

Procedure and Substance in International Environmental Law

Procedure and Substance in International Environmental Law
Author :
Publisher : BRILL
Total Pages : 240
Release :
ISBN-10 : 9789004444386
ISBN-13 : 9004444386
Rating : 4/5 (86 Downloads)

Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée

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.

The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law
Author :
Publisher : Oxford University Press
Total Pages : 1104
Release :
ISBN-10 : 9780192589033
ISBN-13 : 0192589032
Rating : 4/5 (33 Downloads)

Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

Principles of International Environmental Law

Principles of International Environmental Law
Author :
Publisher : Cambridge University Press
Total Pages : 1252
Release :
ISBN-10 : 0521521068
ISBN-13 : 9780521521062
Rating : 4/5 (68 Downloads)

Synopsis Principles of International Environmental Law by : Philippe Sands

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.

Offshore Oil and Gas Development in the Arctic under International Law

Offshore Oil and Gas Development in the Arctic under International Law
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 345
Release :
ISBN-10 : 9789004283398
ISBN-13 : 9004283390
Rating : 4/5 (98 Downloads)

Synopsis Offshore Oil and Gas Development in the Arctic under International Law by : Rachael Lorna Johnstone

Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.

Transboundary Environmental Interference and the Origin of State Liability

Transboundary Environmental Interference and the Origin of State Liability
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 379
Release :
ISBN-10 : 9789004635173
ISBN-13 : 9004635173
Rating : 4/5 (73 Downloads)

Synopsis Transboundary Environmental Interference and the Origin of State Liability by : Lefeber

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.

Birnie, Boyle, and Redgwell's International Law and the Environment

Birnie, Boyle, and Redgwell's International Law and the Environment
Author :
Publisher : Oxford University Press
Total Pages : 905
Release :
ISBN-10 : 9780199594016
ISBN-13 : 0199594015
Rating : 4/5 (16 Downloads)

Synopsis Birnie, Boyle, and Redgwell's International Law and the Environment by : Alan E. Boyle

As conservation of the environment plays an increasingly important role within society, Birnie, Boyle, and Redgwell's International Law and the Environment continues to be an essential read for students and practitioners alike. Whilst remaining rooted within the substantive law, the book places legislation on the protection of the environment firmly at the core of the text. Written by experts in the field, the authors employ sharp and thorough analysis of the laws, allowing them to share their extensive knowledge and experience with the reader. The authors provide a unique perspective on the implications of international regulation, promoting a wider understanding of the pertinent issues impacting upon the law.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law
Author :
Publisher : Cambridge University Press
Total Pages : 399
Release :
ISBN-10 : 9781316195383
ISBN-13 : 1316195384
Rating : 4/5 (83 Downloads)

Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.