The Impact Of Climate Change Law On The Principle Of State Sovereignty Over Natural Resources
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Author | : Marc Bungenberg |
Publisher | : Springer |
Total Pages | : 234 |
Release | : 2015-04-15 |
Genre | : Law |
ISBN | : 3319157388 |
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Author | : Jorge E. Viñuales |
Publisher | : OUP Oxford |
Total Pages | : 831 |
Release | : 2015-02-05 |
Genre | : Law |
ISBN | : 0191510424 |
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author | : Nico Schrijver |
Publisher | : Cambridge University Press |
Total Pages | : 488 |
Release | : 1997 |
Genre | : Business & Economics |
ISBN | : 9780521047449 |
In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as peoples' rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr. Schrijver argues that this has been at the expense of the consideration of the corollary obligations in also entails. His book thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependednt world and demonstrates its relevance to current debate on foriegn-investment regulation, the environment, and sustainable development -- Back cover.
Author | : Daniel Bodansky |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0199664293 |
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author | : Piotr Szwedo |
Publisher | : BRILL |
Total Pages | : 402 |
Release | : 2018-11-12 |
Genre | : Law |
ISBN | : 9004382895 |
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Author | : Leif Wenar |
Publisher | : Oxford University Press |
Total Pages | : 553 |
Release | : 2016 |
Genre | : Business & Economics |
ISBN | : 0190262923 |
In this sweeping book, one of today's leading political philosophers, Leif Wenar, goes behind the headlines in search of the hidden global rule that thwarts democracy and development-and that puts shoppers into business with some of today's most dangerous men.
Author | : Elisa Morgera |
Publisher | : Edward Elgar Publishing |
Total Pages | : 582 |
Release | : 2016-11-25 |
Genre | : Law |
ISBN | : 1783478330 |
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
Author | : Julie Koppel Maldonado |
Publisher | : Springer |
Total Pages | : 178 |
Release | : 2014-04-05 |
Genre | : Science |
ISBN | : 3319052667 |
With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.
Author | : Daniëlla Dam-de Jong |
Publisher | : Cambridge University Press |
Total Pages | : 515 |
Release | : 2015-06-26 |
Genre | : Law |
ISBN | : 110709383X |
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
Author | : Michael B. Gerrard |
Publisher | : Cambridge University Press |
Total Pages | : 661 |
Release | : 2013-01-21 |
Genre | : Business & Economics |
ISBN | : 1107025761 |
This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.