Netherlands Yearbook of International Law 2020

Netherlands Yearbook of International Law 2020
Author: Maarten den Heijer
Publisher: Springer Nature
Total Pages: 446
Release: 2022-08-26
Genre: Law
ISBN: 9462655278

This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

International Law and Corporate Actors in Deep Seabed Mining

International Law and Corporate Actors in Deep Seabed Mining
Author: Joanna Dingwall
Publisher: Oxford University Press
Total Pages: 321
Release: 2021
Genre: Law
ISBN: 0192898264

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

Responsibility to Ensure

Responsibility to Ensure
Author: Xiangxin Xu
Publisher: BRILL
Total Pages: 307
Release: 2021-10-05
Genre: Law
ISBN: 9004472347

In Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice, Xiangxin Xu examines how and to what extent the sponsoring State implements its primary responsibility by enacting national legislation, taking China’s legislation as an example.

Sustainability and the Rights of Nature

Sustainability and the Rights of Nature
Author: Cameron La Follette
Publisher: CRC Press
Total Pages: 584
Release: 2017-06-01
Genre: Law
ISBN: 1351652052

Sustainability and the Rights of Nature: An Introduction is a much-needed guide that addresses the exciting and significant paradigm shift to the Rights of Nature, as it is occurring both in the United States and internationally in the fields of environmental law and environmental sustainability. This shift advocates building a relationship of integrity and reciprocity with the planet by placing Nature in the forefront of our rights-based legal systems. The authors discuss means of achieving this by laying out Nature’s Laws of Reciprocity and providing a roadmap of the strategies and directions needed to create a Rights of Nature-oriented legal system that will shape and maintain human activities in an environmentally sustainable manner. This work is enriched with an array of unique and relevant points of reference such as the feudal notions of obligation, principles of traditional indigenous cultivation, the Pope Francis Encyclical on the environment, and the new Rights of Nature-based legal systems of Ecuador and Bolivia that can serve as prototypes for the United States and other countries around the world to help ensure a future of environmental sustainability for all living systems.

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals
Author: Angela Del Vecchio
Publisher: Springer
Total Pages: 437
Release: 2019-04-25
Genre: Law
ISBN: 3030107736

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

International Environmental Law and Distributive Justice

International Environmental Law and Distributive Justice
Author: Tomilola Akanle Eni-Ibukun
Publisher: Routledge
Total Pages: 128
Release: 2013-11-20
Genre: Law
ISBN: 1136020888

The Clean Development Mechanism (CDM) is widely regarded as one of the Kyoto Protocol’s best creations and as an essential part of the international climate change regime. The CDM has been constantly evolving to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The over 6,000 registered projects under the CDM are estimated to have generated almost US$200 billion of investment in developing countries and are expected to achieve GHG emission reductions of about 6.8 billion tonnes. Nevertheless, the CDM is not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries. This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of international law to identify the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. Based on these investigations, Tomilola Akanle Eni-Ibukun breaks new ground in defining equitable distribution under the CDM and exploring how key obstructions to the equitable distribution of projects may be overcome. The book will be of particular interest to academics and policymakers of climate change and the CDM within international law.

Politics of International Law and International Justice

Politics of International Law and International Justice
Author: Edwin Egede
Publisher: Edinburgh University Press
Total Pages: 401
Release: 2013-08-20
Genre: Political Science
ISBN: 0748684522

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati