Greening International Jurisprudence
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| Author | : Cathrin Zengerling |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 404 |
| Release | : 2013-08-22 |
| Genre | : Law |
| ISBN | : 9004257314 |
Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.
| Author | : Christina Voigt |
| Publisher | : Cambridge University Press |
| Total Pages | : 505 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 1108497179 |
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
| Author | : Philippe Sands |
| Publisher | : Routledge |
| Total Pages | : 316 |
| Release | : 2014-01-14 |
| Genre | : Political Science |
| ISBN | : 113416193X |
Environmental problems do not respect international boundaries; they affect the entire globe, and dealing with them is a matter for international political negotiation, law and institutions. Greening International Law assesses the extent to which the international community has so far adapted to address environmental problems, and examines the fundamental changes needed to the structure and organisation of the legal system and its institutions. The contributors to this volume have all played a central role in the development of international environmental law over the past decade, and their essays will be of interest to all those professionally, academically or individually concerned with the resolution of environmental problems.
| 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 | : Gitanjali Nain Gill |
| Publisher | : Taylor & Francis |
| Total Pages | : 265 |
| Release | : 2016-11-10 |
| Genre | : Business & Economics |
| ISBN | : 1317415612 |
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
| Author | : Alessandro Antonello |
| Publisher | : Oxford University Press |
| Total Pages | : 265 |
| Release | : 2019-05-03 |
| Genre | : History |
| ISBN | : 0190907193 |
In The Greening of Antarctica Alessandro Antonello investigates the development of an international regime of environmental protection and management between the signing of the Antarctic Treaty in 1959 and the signing of the Convention on the Conservation of Antarctic Marine Living Resources in 1980. In those two decades, the Antarctic Treaty parties and an international community of scientists reimagined what many considered a cold, sterile, and abiotic wilderness as a fragile and extensive regional ecosystem. Antonello investigates this change by analyzing the negotiations and developments surrounding four environmental agreements: the Agreed Measures for the Conservation of Antarctic Fauna and Flora in 1964; the Convention for the Conservation of Antarctic Seals in 1972; a voluntary restraint resolution on Antarctic mining in 1977; and the Convention on the Conservation of Antarctic Marine Living Resources in 1980. Though distant from world populations, Antarctica has long been a site of inter-state contest for geopolitical power and standing. This book reveals how a range of contests, geopolitical, epistemic and imaginative, created the environmental protection regime of the Antarctic Treaty System, and discusses the tension between states' individual searches for power and the collective desire for stability in the region. In this international and diplomatic context, the actors were not only trying to keep relations between themselves orderly, but they were also using treaties to order the human relationship with the environment. Drawing on a wide range of international archives, many newly-opened, The Greening of Antarctica offers the first detailed narrative of a crucial period in Antarctic history and reveals the contours of global environmental thought and diplomacy in the transformative Age of Ecology.
| Author | : Jacob Werksmann |
| Publisher | : Routledge |
| Total Pages | : 405 |
| Release | : 2017-09-25 |
| Genre | : Business & Economics |
| ISBN | : 1134169493 |
Environmentally sustainable development has become one of the world's most urgent priorities. But countries cannot achieve it alone: it depends on international coordination and action. Greening International Institutions, the latest in a series of highly-acclaimed publications devoted to environmental and developmental law, assesses how far and how successfully intergovernmental organizations have responded to the challenge. The organizations analyzed include: the UN General Assembly, the new Commission for Sustainable Development, UNEP, UNDP and UNCTAD, WTO, GATT, NAFTA, the Bretton Woods institutions and several regional bodies, as well as treaty bodies and the mechanisms for avoiding and settling disputes. For each, the contributors provide an accessible overview of the organization's mandate and structure, examine substantive policy initiatives and assess the need and scope for procedural and institutional reform. Drawing together a collection of essays by lawyers and researchers from various backgrounds, Greening International Institutions is stimulating reading for students and policy-makers, as well as anyone concerned with the development of international institutions. Jacob Werksman is an attorney, a Programme Director at FIELD, and Visiting Lecturer in International Economic Law at the University of London. Greening International Institutions is the fifth volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature and Improving Compliance with International Environmental Law. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1996
| 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 | : 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 | : Daniëlla Dam-de Jong |
| Publisher | : Springer Nature |
| Total Pages | : 348 |
| Release | : 2023-04-27 |
| Genre | : Law |
| ISBN | : 9462655871 |
This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in 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. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
