Authority And Legitimacy Of Environmental Post Treaty Rules
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Author | : Tim Staal |
Publisher | : Bloomsbury Publishing |
Total Pages | : 350 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 1509925570 |
In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.
Author | : Birgit Hollaus |
Publisher | : Edward Elgar Publishing |
Total Pages | : 333 |
Release | : 2023-07-01 |
Genre | : Law |
ISBN | : 1035302608 |
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Author | : Janne E. Nijman |
Publisher | : Springer Nature |
Total Pages | : 309 |
Release | : 2019-10-17 |
Genre | : Law |
ISBN | : 9462653313 |
This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. 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./div
Author | : Jutta Brunnée |
Publisher | : BRILL |
Total Pages | : 240 |
Release | : 2021-02-22 |
Genre | : Law |
ISBN | : 9004444386 |
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 | : Rüdiger Wolfrum |
Publisher | : Springer Science & Business Media |
Total Pages | : 423 |
Release | : 2008-02-26 |
Genre | : Law |
ISBN | : 3540777644 |
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author | : Tim Staal |
Publisher | : |
Total Pages | : 328 |
Release | : 2019 |
Genre | : |
ISBN | : 9781509925599 |
"In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform."--Bloomsbury Publishing.
Author | : Noel Cox |
Publisher | : Routledge |
Total Pages | : 254 |
Release | : 2016-12-14 |
Genre | : Law |
ISBN | : 1351895753 |
The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.
Author | : Sikina Jinnah |
Publisher | : MIT Press |
Total Pages | : 267 |
Release | : 2014-10-31 |
Genre | : Political Science |
ISBN | : 0262325365 |
An argument that secretariats—the administrative arms of international treaties—are political actors in their own right. Secretariats—the administrative arms of international treaties—-would seem simply to do the bidding of member states. And yet, Sikina Jinnah argues in Post-Treaty Politics, secretariats can play an important role in world politics. On paper, secretariats collect information, communicate with state actors, and coordinate diplomatic activity. In practice, they do much more. As Jinnah shows, they can influence the allocation of resources, structures of interstate cooperation, and the power relationships between states. Jinnah examines secretariat influence through the lens of overlap management in environmental governance—how secretariats help to manage the dense interplay of issues, rules, and norms between international treaty regimes. Through four case studies, she shows that secretariats can draw on their unique networks and expertise to handle the challenges of overlap management, emerging as political actors in their own right. After presenting a theory and analytical framework for analyzing secretariat influence, Jinnah examines secretariat influence on overlap management within the Convention on Biological Diversity (CBD), two cases of overlap management in the World Trade Organization, as well as a case in which the Convention on International Trade in Endangered Species (CITES) secretariat failed to influence political outcomes despite its efforts to manage overlap. Jinnah argues that, even when modest, secretariat influence matters because it can establish a path-dependent dynamic that continues to guide state behavior even after secretariat influence has waned.
Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 1233 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198745362 |
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Author | : Jutta Brunnée |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 1139491474 |
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.