Constitutionalising Secondary Rules In Global Environmental Regimes
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| Author | : Belen Olmos Giupponi |
| Publisher | : Routledge |
| Total Pages | : 267 |
| Release | : 2021-04-22 |
| Genre | : Law |
| ISBN | : 1351031929 |
This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns. Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources. This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law.
| Author | : Martin Hedemann-Robinson |
| Publisher | : Routledge |
| Total Pages | : 137 |
| Release | : 2018-07-16 |
| Genre | : Law |
| ISBN | : 1351066560 |
The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.
| Author | : Christina Voigt |
| Publisher | : Cambridge University Press |
| Total Pages | : 505 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 110875810X |
More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.
| Author | : Anna Huggins |
| Publisher | : Routledge |
| Total Pages | : 206 |
| Release | : 2017-11-27 |
| Genre | : Law |
| ISBN | : 1351974068 |
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors’ interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states’ asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states’ interests to be voiced and considered in compliance decision-making processes.
| Author | : Edgardo Sobenes |
| Publisher | : Springer Nature |
| Total Pages | : 754 |
| Release | : 2022-06-01 |
| Genre | : Law |
| ISBN | : 9462655073 |
This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.
| 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 | : 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 | : Marie-Catherine Petersmann |
| Publisher | : Cambridge University Press |
| Total Pages | : 317 |
| Release | : 2022-10-31 |
| Genre | : Law |
| ISBN | : 131651580X |
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
| Author | : Christina Voigt |
| Publisher | : Cambridge University Press |
| Total Pages | : 529 |
| Release | : 2024-02-29 |
| Genre | : Law |
| ISBN | : 1009373935 |
This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 1229 |
| Release | : 2017-02-02 |
| Genre | : Law |
| ISBN | : 1107107091 |
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
