Procedure And Substance In International Environmental Law
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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 | : Lavanya Rajamani |
Publisher | : Oxford University Press |
Total Pages | : 1104 |
Release | : 2021-08-06 |
Genre | : Law |
ISBN | : 0192589032 |
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.
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 | : Daniel Bodansky |
Publisher | : Oxford University Press, USA |
Total Pages | : 1080 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9780199552153 |
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
Author | : Pierre-Marie Dupuy |
Publisher | : Cambridge University Press |
Total Pages | : 597 |
Release | : 2018-06-07 |
Genre | : Law |
ISBN | : 1108423604 |
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Author | : Lakshman D. Guruswamy |
Publisher | : West Academic Publishing |
Total Pages | : 1406 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
While both the ?environmental? and ?international? dimensions of law school inquiry continue to flourish, a distinct offering in ?international environmental law? is becoming prevalent. This coursebook begins with a relatively detailed exploration of the key doctrines, principles, and rules of ?international law,? without which it is impossible to understand or apply ?international environmental law.' It summarizes the applicability of state responsibility to environmental wrongs and presents a series of hypothetical problems bearing fact patterns that mirror the ?real world.' Coursebook presents a simulated negotiation of a fictional draft protocol to the UN Framework Convention on Climate Change.
Author | : Emma Lees |
Publisher | : Oxford University Press |
Total Pages | : 1316 |
Release | : 2019-04-25 |
Genre | : Law |
ISBN | : 0192508377 |
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Author | : International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law |
Publisher | : IUCN |
Total Pages | : 226 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9782831705248 |
This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
Author | : Neil Craik |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2010-12-16 |
Genre | : Law |
ISBN | : 9780521184069 |
The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.
Author | : Roger Romulus Martella |
Publisher | : Amer Bar Assn |
Total Pages | : 1107 |
Release | : 2015-10-07 |
Genre | : Law |
ISBN | : 9781627227377 |
A practical analytical framework for understanding and analyzing a complex and confusing regime of international environmental laws, this resource begins by considering the current state of play of international environmental law and describes the framework for approaching an issue in this area. The book provides a template for analyzing critical international environmental law issues, considers the legal regimes in twenty-six key markets that span the globe, and concludes by discussing global and cross-border matters.