International Law for the Environment

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Author: Edith Brown Weiss,A. Tarlock

Publisher: West Academic Publishing

ISBN: 9780314288271

Category:

Page: 1420

View: 4085

International Law for the Environment is a comprehensive exposition of contemporary international environmental law and the governance institutions that implement it. Part I sets out the drivers of threats to the planet's air, water and social support systems, the philosophical, economic, and scientific foundations of the legal responses to these threats, and the customary and treaty-based legal regimes that have emerged. These regimes are placed in the context of general international law. Part II introduces the students to the major treaty-based regimes such as those addressing transboundary air and water pollution, the control of pollutants which deplete the ozone layer, global climate change, the protection of oceans and polar regions, the disposal of hazardous wastes outside the country of origin, the protection and allocation of fresh waters and the restoration of degraded aquatic ecosystems, and the conservation of biological diversity. Also addressed is the linkage between agricultural production and the environment. Part III examines the integration of environmental considerations into international regimes such as human rights and environmental justice, international trade law and the financing of sustainable development. Environmental governance is discussed in Part IV, together with material on international environmental institutions and the international legal system. Throughout the book the incorporation of international environmental law principles and treaty obligations into national judicial decisions and legislation is stressed.

Documents Supplement to International Law for the Environment

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Author: Edith Weiss,Daniel Magraw,A. Tarlock,Stephen McCaffrey,Stephanie Tai

Publisher: West Academic Publishing

ISBN: 9780314288288

Category:

Page: 588

View: 7078

This is the Documents Supplement for Weiss, Magraw, McCaffrey, Tai, and Tarlock's International Law for the Environment.

Human Rights and the Environment

Cases, Law, and Policy

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Author: Svitlana Kravchenko

Publisher: N.A

ISBN: N.A

Category: Law

Page: 637

View: 5119

Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.

Carlson, Palmer, and Weston's International Environmental Law and World Order

A Problem-Oriented Coursebook, 3D, Documentary Supplement

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Author: Jonathan C. Carlson,Geoffrey W. R. Palmer,Burns H. Weston

Publisher: West Academic Publishing

ISBN: 9780314194022

Category: Law

Page: 1564

View: 9590

This collection of basic documents provides comprehensive coverage of the most important treaties and international instruments relating to environmental protection, including judicial and arbitral decisions. It additionally includes documents of general importance in international law, such as the UN Charter and the Vienna Convention on the Law of Treaties. Materials on trade, human rights, and the law of war are excerpted where pertinent to the legal analysis of an environmental problem. For students and others engaged in research or practice in international environmental law, such as civil servants, diplomats, governmental officials, NGOs, practicing lawyers, and others, the volume serves as a convenient and thorough general reference.

International Environmental Law and Policy

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Author: Edith Brown Weiss

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 1205

View: 3130

This dynamic casebook takes an interdisciplinary approach in an analytical framework that can be applied to any international environmental legal problem. By studying both legal and non-legal issues, students gain a full and meaningful understanding of this global problem and its legal solutions. International Environmental Law and Policy is the perfect vehicle for tackling the challenges of international environmental law from a global perspective. International Environmental Law and Policy leads students from fundamental issues to sophisticated applications in four main parts: The Nature of International Environmental Issues - Basic Concepts and Context explores non-legal issues such as: global population; intergenerational equity; risk assessments; the tension between industrialized and developing countries; and the underpinning legal issues of public international law and international institutions: Pollution Control offers a detailed analysis of the 'precautionary principle,' the right to a clean environment, general norms applicable to environmental agencies, general principles of international responsibility for environmental harm, and environmental warfare. Natural Resource Management presents detailed discussions of the 'Harmon Doctrine,' the World Heritage Convention, options for conserving biologicla diversity, the Convention on International Trade in Endangered Species (CITES), and the protection of whales and other species Trade and Finance delves into dispute settlement in the World Trade Organization, the North American Free Trade Agreement, multilateral development banks, debt relief approaches, and funds for the environment. The authors use a skillful blend of material to capture and hold student interest including: detailed case studies that explore international environmental norms exercises which make students apply specific legal rules to real-world cases careful analysis of four principal cases: Trail Smelter; Corfu Channel; Lac Lanous; and Nuclear Weapons Testing appendixes on Researching International Environmental Law, International Organizations, and General Steps in Formulating Multilateral Agreements detailed discussions on the relationship between the international and domestic implementation of law in-depth coverage of the liability, accountability, and valuation of natural resource damages

International Law

Cases and Commentary

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Author: Mark W. Janis,John E. Noyes

Publisher: West Academic

ISBN: 9780314198877

Category: Law

Page: 1050

View: 1372

Introduces the history and nature of international law, and examines the sources of international law-treaties, customary international law, general principles, jus cogens, and equity--and the different forums in which international law is interpreted and applied. Also covers important fields of international law: individual and human rights; recognition and self-determination; war and peace; the United Nations; Antarctica; outer space; the law of the sea; international environmental laws; international conflict of laws; foreign sovereign immunity; and act of state. All chapters have been thoroughly updated. This edition newly examines U.S. cases on the application of international law in the U.S. legal system, the legal regime governing climate change, the proliferation of international courts and tribunals, the responsibility of international organizations for the actions of their agents, and recent developments at the International Criminal Court.

An Evolutionary Paradigm for International Law

Philosophical Method, David Hume, and the Essence of Sovereignty

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Author: J. Gillroy

Publisher: Springer

ISBN: 1137376651

Category: Philosophy

Page: 325

View: 4823

The book transcends conventional social scientific method, political theory and its understanding of global governance to make the study of the philosophical essence of the international legal system fully accessible.

Environmental protection

law and policy

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Author: Frederick R. Anderson,Daniel R. Mandelker,A. Dan Tarlock

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 914

View: 3330

If you're ready to tackle the fundanmental questions surrounding modern environmental law, this comprehensive revision of the classic casebook is your ideal teaching tool. In ENVIRONMENTAL PROTECTION: Law & Policy, Third Edition, the authors closely examine the premise that environmental law has progressed from an anti-pollution, & anti-public works movement to a more established perspective that influences all decisions on the use of natural resources. ENVIRONMENTAL PROTECTION: Law & Policy, leads students to a deep understanding of the legal, policy, & regulatory aspects, one step at a time by: Opening the book with two cases that raise basic issues - "What is environmentalism?' & "What are the sources of environmental law/" - that immediately show the relevance of the interdisciplinary material. Advancing the discussion with a blend of foundational cases & the latest court decisions to explore important topics. Offering more accessible notes that present basic information about the purpose of regulatory programs & also provide alternative & supplementary perspectives on the principle cases. Integrating domestic & international environmental law to show how U.S. law has shaped international law & how evolving international norms are influencing U.S. law. Drawing interdisciplinary materials from the three major sources of environmentalism - science, ethics, & economics - convey the underpinnings of environmental law a well as their limits. Asking pointed questions so students can develop their own perspectives on the pros & cons of various policy instruments. Incorporating charts & graphics throughout the book for more engaging discussions & greater accessibility. The authors cover all the traditional course topics, including: the extent to which environmental law builds on the common law of torts the changing nature of regulatory programs, with separate chapters on the Clean Water & the Clean Air Acts They also incorporate new material on: emissions trading global climate change efforts to reduce automobile usage sustainable development biiodiversity protection environmental justice pollution prevention greater individual-consumer responsibility for environmental protection endangered species the tension between biodiversity protection & the protection of private property enforcement issues

Sourcebook on Environmental Law

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Author: Maurice Sunkin,Professor of Law and Head of Department of Law Maurice Sunkin, LLM

Publisher: Routledge

ISBN: 1135341273

Category: Law

Page: 992

View: 5826

The second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.

Der Alien Tort Claims Act

Zwischen Völkerrecht und amerikanischer Außenpolitik

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Author: Inga Meyer

Publisher: Mohr Siebeck

ISBN: 3161560493

Category: Law

Page: 537

View: 8688

Der amerikanische "Alien Tort Claims Act" (ATCA) wurde nach seinem Inkrafttreten im Jahr 1789 zunächst wenig beachtet. Durch die bahnbrechende Entscheidung Filartiga v. Pena-Irala gewann der ATCA jedoch unerwartet Bedeutung für die Geltendmachung internationaler Menschenrechte vor amerikanischen Bundesgerichten. Seit den 1980er-Jahren bildet das Gesetz die Grundlage einer Reihe umstrittener und vielseitig diskutierter Gerichtsentscheidungen. Inga Meyer beleuchtet die komplexen Hintergründe und Zusammenhänge der ATCA-Gerichtsbarkeit. Sie legt die historischen Hintergründe dar und analysiert richtungsweisende Gerichtsurteile. Sie untersucht zentral die mögliche Rechtmäßigkeit von ATCA-Klagen aus völkerrechtlicher Perspektive, bevor sie das Gesetz und seine Anwendung aus Sicht der amerikanischen Exekutive und ihrer Außenpolitik hinterfragt.

International Environmental Law and World Order

A Problem-oriented Coursebook

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Author: Jonathan C. Carlson,Geoffrey W. R. Palmer,Burns H. Weston

Publisher: West Academic Publishing

ISBN: 9780314159694

Category: Law

Page: 1564

View: 830

The new edition of this innovative coursebook has been thoroughly updated and revised. The problem orientation of the first two editions has been retained, along with the detailed doctrinal exploration of international law that permits the book to be used in either an introductory international law course or an advanced class or seminar on environmental problems. Highlights of the third edition include expanded coverage of climate change; extensive use of international cases to illustrate key legal doctrines and concepts; and a new chapter that explores the concept of "ecological commons governance" and its significance for the future of international environmental law. Most of the problems in the book have been revised extensively, with entirely new problems on whaling, geoengineering, electronic waste exports, chemical exports (DDT and asbestos), environmental trade restrictions, nuclear safety, transboundary air pollution, biodiversity and more.

Evolution of International Environmental Regimes

The Case of Climate Change

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Author: Simone Schiele

Publisher: Cambridge University Press

ISBN: 1139992848

Category: Law

Page: N.A

View: 5792

Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.

Cases in the Environment of Business

International Perspectives

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Author: David W. Conklin

Publisher: SAGE

ISBN: 9781412914369

Category: Business & Economics

Page: 605

View: 3240

Cases in the Environment of Business offers an outstanding collection of relevant, classroom-tested cases. In discussing the cases, students will participate in managerial decisions in an international context. Most cases deal with a variety of environmental forces, but generally a single set of forces plays a predominant role.

Global Issues in Environmental Law

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Author: Stephen C. McCaffrey,Rachael Salcido

Publisher: West Academic Publishing

ISBN: N.A

Category: Law

Page: 231

View: 9282

Environmental law addresses the broad question of how to reconcile human activity with the need to protect the life-support system of humans and other species on a planet of limited resources. This question cannot be fully understood or explored without acknowledging that environmental issues do not respect political boundaries. Once introduced to the challenges of effectively addressing environmental problems, students can easily appreciate the value of concerted international efforts to address those challenges, and lessons that can be learned from efforts in other countries. Global Issues in Environmental Law is designed to facilitate the introduction of international and comparative legal issues into the basic Environmental Law course, but could also be used in a seminar on the subject. The book covers: constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the Law of the Sea; and management of oceans and coastal areas.

The Politics of Water

A Survey

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Author: Kai Wegerich,Jeroen Warner

Publisher: Routledge

ISBN: 1136953582

Category: Political Science

Page: 416

View: 7120

This authoritative reference work gives timely information on the global politics of water. Readers will find case studies on a variety of complex water situations, from the Okavango River that flows through Angola, Namibia and Botswana, to the Euphrates-Tigris of the Upper Persian Gulf. With the current threat of climate change and increasing demand on water resources, the book gives valuable insight into an increasingly politicized topic. Politics of Water is a welcome addition to Routledge’s extensive The Politics of ... reference series. Readers will benefit from: essays on major topics in water politics from a variety of contributors (thirteen in all), including Is water politics? Towards international water relations and The politics of water and mining in South Africa sensitive debate on gender issues, reflecting the fact that in many cultures men are responsible for the supply of water, and women as cultivators and house keepers are the major users an A-Z glossary of key terms, issues, organizations, etc. in water politics information on selected major river basins of the world, including maps detailing water consumption and resources. The Politics of Water is a useful guide to the politics surrounding the availability and provision of water on a world-wide scale. It will prove to be a useful reference source for anyone interested in, or studying, the politics of water and climate change.

Native American Natural Resources Law

Cases and Materials

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Author: Judith V. Royster,Michael C. Blumm,Elizabeth A. Kronk Warner

Publisher: N.A

ISBN: 9781531007157

Category: Environmental law

Page: 576

View: 546

This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.

Trade and the Environment

Law and Policy

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Author: Chris Wold,Sanford E. Gaines,Greg Block

Publisher: N.A

ISBN: N.A

Category: Law

Page: 933

View: 9010

Since 1991, when a panel of the General Agreement on Tariffs and Trade (GATT) found that U.S. import restrictions on tuna from countries with high dolphin mortality violated GATT's trade rules, an entire field of law has emerged called “Trade and the Environment.” This book provides a thorough and balanced assessment of this developing area of law that affects consumer, regulatory and trade policy choices for governments around the world. It encompasses trade agreements and the evolving jurisprudence, from the 1991 tuna-dolphin case up to actions on agricultural subsidies in late 2004.This book is designed to teach students with no prior background in trade law or environmental law. It is also designed to be equally accessible to students and professors from civil law as well as common law jurisdictions. Opening chapters present key trade and environmental policy theories and concepts, and introduce the structure of the World Trade Organization (WTO) and its process for adjudicating trade disputes. Substantive chapters comprehensively assess the GATT's core obligations and the “general exceptions” to those obligations for certain types of environmental measures. WTO agreements such as the Agreement on Technical Barriers to Trade, the Agreement on Application of Sanitary and Phytosanitary Measures, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture are covered. There are substantial excerpts from decisions in the key trade-environment disputes, including the famous cases addressing protection of sea turtles in shrimp fisheries, growth hormones and risk assessment, natural resource and agricultural subsidies, and bans on the use of asbestos. Unresolved issues such as ecolabels and genetically modified foods and the legal status of trade measures in multilateral environmental agreements are also discussed. In addition, the book has a chapter on the North American Free Trade Agreement (NAFTA) and its environmental side agreement, including investment provisions and investor-State arbitration.Throughout, the book presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations.Because the complexity of trade and environment issues often obscures the real significance of the decisions, a special feature of this book is extensive background material and commentary and numerous “Questions and Discussion” points. These features are designed to make trade policy and trade jurisprudence accessible to teachers and students alike.

International Law Today

A Handbook

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Author: Anthony A. D'Amato,Jennifer Abbassi

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 304

View: 2594

Political and military leaders invariably seek the advice of their own international law experts as they engage in foreign-policy interactions and bargaining over vital issues of international concern such as nuclear proliferation, bringing war criminals to justice, the use of torture, the war on terrorism, human rights, global warming, environmental degradation, and the future of the nation-state itself. These are among the "headline" topics explored in International Law Today. The essays in this Handbook offer a window onto the world of international discourse. They are written by scholar-practitioners of international law who were selected not only for their acclaimed expertise but also for the clarity and accessibility of their writing.

International Law

Cases and Materials

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Author: Lori Fisler Damrosch

Publisher: West Academic

ISBN: 9780314191281

Category: Law

Page: 1570

View: 8872

This classic International Law casebook is fully updated to cover key developments, such as the International Court s Israeli Wall and Serbia Genocide decisions, Kosovo s declaration of independence, U.S. Supreme Court judgments in Sosa and Medellin, and much more. With extraordinary range and depth, the casebook provides both new and experienced teachers with ample material for educating students and provoking exciting classroom discussions. Designed for introductory and advanced classes, with detailed readings on the fundamental structure and actors of international law, but also on more specialized subject matter areas (human rights, military force, international criminal law, law of the sea, environment, etc.).