Liability for Transboundary Pollution at the Intersection of Public and Private International Law


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.




Principles of International Environmental Law


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.







International Environmental “soft law”


Book Description

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.




Environmental Protection of International Watercourses under International Law


Book Description

McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.







International Environmental Law and Policy for the 21st Century


Book Description

A significant contribution to the field, and a welcome addition to the growing literature on international environmental law and an important reference for every scholar, lawyer, and layperson interested in the field.




International Organizations and the Law of the Sea 1992


Book Description

This text provides a collection of documents related to ocean affairs and the law of the sea. It is issued each year by organizations, organs and bodies of the United Nations system.




International Organizations and the Law of the Sea


Book Description

Building on the success of the International Journal of Estuarine & Coastal Law & Marine Policy Reports , The International Journal of Marine & Coastal Law addresses all aspects of marine (maritime) & coastal law. Its breadth of coverage extends to all of the legal issues arising from Ocean & Coastal Management, Marine & Coastal Conservation, Maritime Boundary Delimitation, High Seas, EEZ & Coastal Fisheries Management, Control of Marine & Coastal Pollution, Offshore Energy & Resource Exploitation, Sea Bed Mining, International Aspects of Shipping, Estuarine & Coastal Zone Resource Management, & Naval & Military Uses of the Oceans. An International Editorial Board supplies a distinctive feature: a vigorous current developments section which provides notes & commentary on international treaties & case law, national statute law, national court decisions, & other aspects of state practice; includes the relevant original documentation where appropriate; & monitors developments in relevant international organizations at a global & regional level. The format also includes in-depth articles, each preceded by an abstract; a book review section; & a current bibliography. An index & tables of cases, statutes, agreements, conventions, & treaties also enhance the accessibility of information.