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Soft Law As Topos Microform The Role Of Principles Of Soft Law In The Development Of International Environmental Law
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Author :Jaye Ellis Publisher :National Library of Canada = Bibliothèque nationale du Canada ISBN 13 :9780612755970 Total Pages :366 pages Book Rating :4.7/5 (559 download)
Book Synopsis Soft Law as Topos [microform] : the Role of Principles of Soft Law in the Development of International Environmental Law by : Jaye Ellis
Download or read book Soft Law as Topos [microform] : the Role of Principles of Soft Law in the Development of International Environmental Law written by Jaye Ellis and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 2001 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This dissertation addresses the impact of principles of soft law on the development of international regimes for environmental protection. It focuses on three such principles that have attracted a certain degree of consensus in international environmental law and are therefore influential in international environmental regimes: namely, the principle of common but differentiated obligations; the principle of common heritage of mankind and its corollary, the principle of common concern of humankind; and the precautionary principle. The regimes analysed are the Antarctic regime, the regime for control of trade in endangered species, the regime for protection of the stratospheric ozone layer, and the emerging regime governing conservation and management of straddling fish stocks. It is argued that these principles influence normative development in international environmental regimes through processes of discourse in which participants, both state and non-state actors, seek to determine the rules by which their mutual relations will be governed and their common interests protected. Such discourse also connects the evolution of legal rules with a broader set of concerns relating to the interest of human communities in achieving a certain level of environmental protection. In this respect, the legal rules may be contemplated within a moral framework in which members of international society seek to determine what they ought to do with respect to global environmental protection." --
Download or read book Soft Law as Topos written by Jaye Ellis and published by . This book was released on 2003 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International environmental laws and the concept of soft law by : Peterson Kelly
Download or read book International environmental laws and the concept of soft law written by Peterson Kelly and published by GRIN Verlag. This book was released on 2014-09-12 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Cambridge, language: English, abstract: Soft law regards to international norms that are deliberately non-binding in character, but are of great legal relevance. This has unique policies that lie between law and politics. Noticeable examples include resolutions by international organizations and global plans of actions of conduct. Soft laws operates under a different model from “hard law” that is associated with legally binding obligations. Furthermore, soft laws are characterized with less degrees of precision when compared with hard laws. Some scholars argue that soft law is ambiguous because its legal effects and its implication is often difficult to identify. Soft law mainly constitutes various part of the modern law-making process. International environmental regulations indicate a successful application of the soft law. Scholars believe that soft law outweighs the classical and familiar legal categories of law that form a platform of international regulations. Soft law is associated with various concerns; however, it has strategic mechanisms for imposing its proposals. The law is primarily structural in nature because it includes the existence and development of an organized network of permanent institutions at international and regional levels. Rio+20 conference provides a practical example of emphasize of soft law in the international environmental regulations. Studies indicate that the Rio+20 seminar on environmental sustainability did not create any successful agreements or commitments; however, it provided a global platform for discussing demanding issues in the effort to secure international sustainable development.
Book Synopsis International Environmental “soft law” by : Jürgen Friedrich
Download or read book International Environmental “soft law” written by Jürgen Friedrich and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.
Book Synopsis International Environmental Law-making and Diplomacy by : Tuomas Kuokkanen
Download or read book International Environmental Law-making and Diplomacy written by Tuomas Kuokkanen and published by Routledge. This book was released on 2016-01-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.
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.
Book Synopsis International Environmental Soft Law by : Jürgen Friedrich
Download or read book International Environmental Soft Law written by Jürgen Friedrich and published by . This book was released on 2013-12-31 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Art and Craft of International Environmental Law by : Daniel Bodansky
Download or read book The Art and Craft of International Environmental Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2024 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of The Art and Craft of International Environmental Law is a sophisticated yet highly readable introduction to how international environmental law works (and sometimes doesn't work). It provides critical updates on developments in the field that have occurred in the 13 years since the first edition was published.
Book Synopsis Future Generations and International Law by : Emmanuel Agius
Download or read book Future Generations and International Law written by Emmanuel Agius and published by Routledge. This book was released on 2013-12-19 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh 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, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997
Book Synopsis International Law And Sustainable Development by : Nico J. Schrijver
Download or read book International Law And Sustainable Development written by Nico J. Schrijver and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schrijver (Vrije U., Amsterdam) and Weiss (U. of Amsterdam) have both served on committees of the International Law Association (ILA).
Book Synopsis International Law and Sustainable Development by : Alan E. Boyle
Download or read book International Law and Sustainable Development written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2001 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of theenvironment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food andAgriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on EnvironmentalDevelopment held in Rio de Janeiro in 1992.The contributors bring new perspectives on sustainable development as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea,and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.
Book Synopsis International Environmental Soft Law : Collection of Relevant Instruments by : Wolfgang E. Burhenne
Download or read book International Environmental Soft Law : Collection of Relevant Instruments written by Wolfgang E. Burhenne and published by Springer. This book was released on 1992-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Environmental Soft Law Collection of Relevant Instruments by : Wolfgang E. Burhenne
Download or read book International Environmental Soft Law Collection of Relevant Instruments written by Wolfgang E. Burhenne and published by Springer. This book was released on 1994-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first supplement to International Environmental Soft Law contains the following documents: Recommendation Concerning the Protection, National Level, of the Cultural and Natural Heritage (1972), Recommendation on the Application of the Polluter Pays Principle to Accidental Pollution (1989), International Code of Conduct on the Distribution and Use of Pesticides (1989), G 15 Leaders' Joint Communique 1990 (1990), The Law of the Non-Navigational Uses of International Watercourses - International Law Commission (1991), Declaration on the Protection of the Arctic Environment (1991), Sixth Trilateral Governmental Conference on the Protection of the Wadden Sea (1991), Policy Statement from Meeting of Ministers on Environment and Development (OECD) (1991), Rio Declaration on Environment and Development (UNCED) (1992), Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests (UNCED) (1992), Agenda 21, Chapters 2, 33, 38 and 39 (UNCED) (1992).
Book Synopsis Soft Law in Governance and Regulation by : Ulrika Mörth
Download or read book Soft Law in Governance and Regulation written by Ulrika Mörth and published by Edward Elgar Publishing. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.
Book Synopsis International Sustainable Development Law - Volume III by : A. F. Munir Maniruzzaman
Download or read book International Sustainable Development Law - Volume III written by A. F. Munir Maniruzzaman and published by EOLSS Publications. This book was released on 2010-10-30 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Sustainable Development Law is a component of Encyclopedia of Development and Economic Sciences in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on International Sustainable Development Law reflects on the rights and duties of states and other actors in the development process. The chapters range from International Development Law standard applications of economic theory to more radical approaches. These three volumes are aimed at the following five major target audiences: University and College Students Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers, NGOs and GOs.
Book Synopsis Research Handbook on Soft Law by : Mariolina Eliantonio
Download or read book Research Handbook on Soft Law written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Book Synopsis The Evolution of Sustainable Development in International Law: Inception, Meaning and Status by : Nico J. Schrijver
Download or read book The Evolution of Sustainable Development in International Law: Inception, Meaning and Status written by Nico J. Schrijver and published by Martinus Nijhoff Publishers. This book was released on 2008-12-15 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably short time "sustainable development" has become firmly established in international law. The World Commission on Environment and Development concisely defined this concept as: "development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs". This definition combines inter-generational equity with an awareness of the finite capacity of the earth and its natural resources. This book brings together a collection of lectures given at the Hague Academy of International Law. The aim of the book is threefold: firstly, to review the genesis, clarify the meaning and assess the status of sustainable development within international law; secondly, to examine the legal principles that have emerged in the pursuit of sustainable development; and finally, to assess to what extent the current state of law demonstrates a balance between and integration of all relevant fields of international law as urged by the Rio, Johannesburg and World Summit documents.
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