Interstitial Law Making In Public International Law A Study Of Environmental Impact Assessments

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Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments

Author : Viviane Meunier-Rubel
Publisher : BRILL
ISBN 13 : 9004467580
Total Pages : 488 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments by : Viviane Meunier-Rubel

Download or read book Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments written by Viviane Meunier-Rubel and published by BRILL. This book was released on 2022-09-12 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Impact Assessment (EIA) requirements are quasi-universal. Praised as the core of the international legal response to ensure environmental protection, this procedure is an information tool for better public decision-making, which can contribute to empowering individuals and civic groups. Based on the historical background of the relevant norms and on case studies, Interstitial Law-Making in International Law: A Study of Environmental Impact Assessments verifies whether the role of procedure in secreting substantive law may be fulfilled in the distinctive legal system of public international law, while appraising how EIA requirements have been conceived and implemented as regards encouraging all international actors to behave in an environmentally conscious way, in a world of heterogeneous political regimes. This book is based on the author’s award winning doctoral dissertation which received the Yale Law School’s Ambrose Gherini Prize for best paper in the field of international law (2018).

The International Law of Environmental Impact Assessment

Author : Neil Craik
Publisher : Cambridge University Press
ISBN 13 : 9780521879453
Total Pages : 358 pages
Book Rating : 4.8/5 (794 download)

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Book Synopsis The International Law of Environmental Impact Assessment by : Neil Craik

Download or read book The International Law of Environmental Impact Assessment written by Neil Craik and published by Cambridge University Press. This book was released on 2008-02-21 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Emerging Principles of International Environmental Law

Author : Sumudu Atapattu
Publisher : BRILL
ISBN 13 : 9047440145
Total Pages : 564 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Emerging Principles of International Environmental Law by : Sumudu Atapattu

Download or read book Emerging Principles of International Environmental Law written by Sumudu Atapattu and published by BRILL. This book was released on 2007-04-30 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction. While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies. The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues. Published under the Transnational Publishers imprint.

International Law and the Environment

Author : Tuomas Kuokkanen
Publisher : BRILL
ISBN 13 : 9047403207
Total Pages : 447 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and the Environment by : Tuomas Kuokkanen

Download or read book International Law and the Environment written by Tuomas Kuokkanen and published by BRILL. This book was released on 2002-10-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book makes an original and modern contribution to the study of "international environmental law", addressing its development over three time periods: the traditional period, the modern era, and the post-modern period. Kuokkanen's thesis is this: in the traditional period there was no clear distinction between the protection of the environment and the exploitation of natural resources; during the modern period the subjects became completely separated; and in the post-modern era there has been an effort to reconcile economic interests and environmental concerns. The work challenges the reader to think about international environmental law and its development within a broader framework, and through a lens which differs from that taken elsewhere. The book presents an impressive panorama of the principal international legal developments over the past century in this area, and successfully pinpoints the tensions between environmental and economic objects over the past century. A timely and important contribution.

Global Environmental Change and Innovation in International Law

Author : Neil Craik
Publisher : Cambridge University Press
ISBN 13 : 1108423442
Total Pages : 371 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Environmental Change and Innovation in International Law by : Neil Craik

Download or read book Global Environmental Change and Innovation in International Law written by Neil Craik and published by Cambridge University Press. This book was released on 2018-06-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.

Science-Based Lawmaking

Author : Dionysia-Theodora Avgerinopoulou
Publisher : Springer Nature
ISBN 13 : 3030214176
Total Pages : 419 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Science-Based Lawmaking by : Dionysia-Theodora Avgerinopoulou

Download or read book Science-Based Lawmaking written by Dionysia-Theodora Avgerinopoulou and published by Springer Nature. This book was released on 2019-08-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law

Author : Tseming Yang
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law by : Tseming Yang

Download or read book The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law written by Tseming Yang and published by . This book was released on 2019 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than half a century ago, Rudolph Schlesinger announced a global survey of legal principles in the pages of the American Journal of International Law. The project's objective was the identification of a “common core” of legal norms among the family of nations and the ultimate goal the production of something akin to a global restatement of law. Such an endeavor was to yield global principles of law, ultimately giving substance to the General Principles of Law provision under Article 38 of the Statute of the International Court of Justice. In spite of the initial enthusiasm surrounding the project, its ultimate goal was never realized.Five decades later, the prospect of engaging in such a project, focused on the environmental law field, promises more fruitful outcomes. In this article I argue that globalization and other trends have made the EIA duty - the duty to perform environmental impact assessments for projects that are likely to have a significant impact on the environment - a globally accepted norm. A 197-jurisdiction survey finds that the duty has been nearly universally adopted. The article suggests that the EIA duty may now be seen as a “general principle of law recognized by civilized nations,” and in that sense has joined the body of public international law. Finally, the survey results also point to comparative law methodology as a promising opportunity for identifying new legal norms in the international environmental law field, independent of the cumbersome process of treaty negotiation or the time-consuming development of customary law.

International Environmental Law

Author : Alexandre Charles Kiss
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Environmental Law by : Alexandre Charles Kiss

Download or read book International Environmental Law written by Alexandre Charles Kiss and published by . This book was released on 1991 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and the Environment

Author : Patricia W. Birnie
Publisher :
ISBN 13 : 9780198765523
Total Pages : 798 pages
Book Rating : 4.7/5 (655 download)

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Book Synopsis International Law and the Environment by : Patricia W. Birnie

Download or read book International Law and the Environment written by Patricia W. Birnie and published by . This book was released on 2002 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended for undergraduate courses in environmental law, international law. It should also be useful for practitioners of environmental law, government lawyers, international organizations.

Environmental Impact Assessment Under International Law After the Pulp Mills Case

Author : Romina Gilda Rivero
Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.:/5 (717 download)

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Book Synopsis Environmental Impact Assessment Under International Law After the Pulp Mills Case by : Romina Gilda Rivero

Download or read book Environmental Impact Assessment Under International Law After the Pulp Mills Case written by Romina Gilda Rivero and published by . This book was released on 2010 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of International Environmental Law

Author : Lavanya Rajamani
Publisher : Oxford University Press
ISBN 13 : 0192589032
Total Pages : 1104 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani

Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law

Author : Vaughan Lowe
Publisher : OUP Oxford
ISBN 13 : 0191027286
Total Pages : 328 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Law by : Vaughan Lowe

Download or read book International Law written by Vaughan Lowe and published by OUP Oxford. This book was released on 2007-09-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

The Making of International Law

Author : Alan Boyle
Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Making of International Law by : Alan Boyle

Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

International Environmental Law

Author : Edith Brown Weiss
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 784 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis International Environmental Law by : Edith Brown Weiss

Download or read book International Environmental Law written by Edith Brown Weiss and published by Brill Nijhoff. This book was released on 1992 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: The important new 1999 Supplement to this widely-used sourcebook contains the text of 48 major treaties and other legal instruments completed between 1991 and 1998. These instruments represent the important developments in international environmental law since the 1992 UN Conference on Environment and Development. Both volumes are ideally suited for adoption in international environmental law courses. Special classroom prices are available. Published under the Transnational Publishers imprint.

Mining of the Deep Seabed

Author : United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands and Resources
Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Mining of the Deep Seabed by : United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands and Resources

Download or read book Mining of the Deep Seabed written by United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Public Lands and Resources and published by . This book was released on 1978 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Environmental Law and the Global South

Author : Shawkat Alam
Publisher : Cambridge University Press
ISBN 13 : 1107055695
Total Pages : 657 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Environmental Law and the Global South by : Shawkat Alam

Download or read book International Environmental Law and the Global South written by Shawkat Alam and published by Cambridge University Press. This book was released on 2015-09-17 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.

Transparency in International Law

Author : Andrea Bianchi
Publisher : Cambridge University Press
ISBN 13 : 1107470242
Total Pages : 641 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Transparency in International Law by : Andrea Bianchi

Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.