State Responsibility For Transboundary Air Pollution In International Law

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State Responsibility for Transboundary Air Pollution in International Law

Author : Phoebe N. Okowa
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.:/5 (114 download)

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Book Synopsis State Responsibility for Transboundary Air Pollution in International Law by : Phoebe N. Okowa

Download or read book State Responsibility for Transboundary Air Pollution in International Law written by Phoebe N. Okowa and published by . This book was released on 2004 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Responsibility for Transboundary Air Pollution in International Law systematically analyses the unique nature of problems that transboundary air pollution presents in international law. Although an attempt is made to present transboundary air pollution as a unified field, a distinction is made between pollution from industrial and related sources, and those from nuclear operations, given the very serious nature of risks that nuclear pollution presents. The book extensively considers existing regulatory frameworks as found in treaty regimes and non-binding instruments. The role as well as the shortcomings of traditional international law, especially the application of principles of state responsibility to problems involving multiple actors, and which cannot therefore be easily accommodated within the present bilateral framework of dispute resolution in international law is given extended treatment. The potential role of institutions charged with supervising compliance is also undertaken and the status of emergent principles is critically assessed. The issues examined in this book are of much contemporary relevance and will appeal to those interested in the legal aspects of transboundary air pollution as well as those concerned with the general issues surrounding the application of international law to environmental problems.

State Responsibility for Transboundary Air Pollution in International Law

Author : Phoebe Nyawade Okowa
Publisher :
ISBN 13 :
Total Pages : 794 pages
Book Rating : 4.:/5 (456 download)

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Book Synopsis State Responsibility for Transboundary Air Pollution in International Law by : Phoebe Nyawade Okowa

Download or read book State Responsibility for Transboundary Air Pollution in International Law written by Phoebe Nyawade Okowa and published by . This book was released on 1994 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transboundary Air Pollution

Author : Cees Flinterman
Publisher : BRILL
ISBN 13 : 9789024732852
Total Pages : 400 pages
Book Rating : 4.7/5 (328 download)

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Book Synopsis Transboundary Air Pollution by : Cees Flinterman

Download or read book Transboundary Air Pollution written by Cees Flinterman and published by BRILL. This book was released on 1986-01-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). Numerous regional instruments included are: those of the UN ECE, OECD, EEC & other organizations of the industrialized states; instruments related to Antarctica; & to the major developing state regions (Africa, Latin America & the Caribbean, South Atlantic Zone, Asia & the Pacific), including the 1998 ACP-EEC Lome IV Convention & the 1991 OAU Bamako Convention. Two US treaties on hazardous waste export controls with Mexico & Canada form notable instances of bilateral measures. Some documents of Greenpeace & other non-governmental organizations are also added. An incisive Editors' Introduction & a comprehensive general index provide the reader with easy access to these vital instruments. This timely work aims to clarify & aid the increasingly intricate international debate on hazardous waste production & disposal, & reduce the conflict between North & South on the export of such waste to Third World countries. In addition, the prospects of South-South traffic, as developing states push towards industrialization, underline the urgent need for prompt & tough action. The Editors Barbara Kwiatkowska & Alfred Soons, both experienced authors on international law issues have been guided in the preparation of this unique collection by several outstanding experts, members of the Volume's Advisory Board, including Francis Njenga, S ecretary-General, Asian-African Legal Consultative Committee , New Delhi, Peter Sand, Principal Legal Officer, UNCED-Geneva, Henri Smets, Environment Directorate, OECD, Paris, Lee A. Kimball, Senior Associate, World Resources Institute, Washington, D.C. , Hans Lammers, Deputy Legal Adviser, Netherlands Foreign Office, The Hague & Iwona Rummel-Bulska, Chief, Environmental Law & Institutions Unit & Coordinator of the Basel Convention, UNEP-Nairobi/Geneva. The leading role of UNEP in seeking satisfactory solutions to the new environmental problems raised by hazardous wastes is accentuated in the Preface to the book by the honourable Dr Mostafa K. Tolba, E xecutive-Director of UNEP. The 'collective approach is' as he rightly put it 'our only option to care & share the only one Earth'.

Transboundary Pollution

Author : S. Jayakumar
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715794
Total Pages : 453 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Transboundary Pollution by : S. Jayakumar

Download or read book Transboundary Pollution written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in

Transboundary Harm in International Law

Author : Rebecca M. Bratspies
Publisher : Cambridge University Press
ISBN 13 : 1139458434
Total Pages : 6 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Transboundary Harm in International Law by : Rebecca M. Bratspies

Download or read book Transboundary Harm in International Law written by Rebecca M. Bratspies and published by Cambridge University Press. This book was released on 2006-08-14 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951164
Total Pages : 334 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Liability for Transboundary Pollution at the Intersection of Public and Private International Law by : Guillaume Laganière

Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

International Law and Pollution

Author : Daniel Barstow Magraw
Publisher : University of Pennsylvania Press
ISBN 13 : 1512804002
Total Pages : 388 pages
Book Rating : 4.5/5 (128 download)

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Book Synopsis International Law and Pollution by : Daniel Barstow Magraw

Download or read book International Law and Pollution written by Daniel Barstow Magraw and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of the essays in this book, the threat posed to our environment by various sources and types of pollution, is a matter of serious and growing concern. The contributors are leading international experts from a variety of legal systems and backgrounds and include Andronico Adede, Ian Brownlie, Pierre-Marie Dupuy, Johan Lammers, and Paul Szasz. International Law and Pollution provides an overview of international legal principles and institutional efforts relevant to pollution and then focuses on two particularly acute problems: nuclear pollution and acid rain. A variety of substantive issues must be confronted in order to deal with the full range of international pollution, and various institutional approaches must be utilized in the prevention, cleanup, and compensation efforts. For example, pollution from nuclear accidents results from a single event, whereas acid rain is a product of chronic emissions; the legal and policy concerns differ accordingly. In the overview, Daniel Barstow Magraw discusses fundamental concepts of international pollution, analytic distinctions among types of pollution, paradigmatic responses to pollution, and the relationship among environmental protection, economic development, and human rights. Other authors examine the existing and evolving principles of customary international law relevant to pollution, the U.N. International Law Commission's work on international liability and international watercourses, and a practitioner's perspective. The chapters on nuclear pollution analyze the conventional regimes and customary principles applicable to this field (including the Chernobyl disaster) and the determination and measurement of damages. Finally, the chapters on acid precipitation summarize the scientific background of the problem and present the multilayered European efforts to control acid rain as well as the Canada-United States acid rain controversy. International Law and Pollution will be of interest to scholars and students of environmental law and international law.

Transboundary Environmental Interference and the Origin of State Liability

Author : R. Lefeber
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041102751
Total Pages : 384 pages
Book Rating : 4.1/5 (27 download)

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Book Synopsis Transboundary Environmental Interference and the Origin of State Liability by : R. Lefeber

Download or read book Transboundary Environmental Interference and the Origin of State Liability written by R. Lefeber and published by Martinus Nijhoff Publishers. This book was released on 1996-06-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.

Transboundary Environmental Interference and the Origin of State Liability

Author : Lefeber
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004635173
Total Pages : 379 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Transboundary Environmental Interference and the Origin of State Liability by : Lefeber

Download or read book Transboundary Environmental Interference and the Origin of State Liability written by Lefeber and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.

Transboundary Damage in International Law

Author : Hanqin Xue
Publisher : Cambridge University Press
ISBN 13 : 1139438107
Total Pages : 400 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Transboundary Damage in International Law by : Hanqin Xue

Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

Climate Change Damage and International Law

Author : Roda Verheyen
Publisher : BRILL
ISBN 13 : 9047427408
Total Pages : 418 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Climate Change Damage and International Law by : Roda Verheyen

Download or read book Climate Change Damage and International Law written by Roda Verheyen and published by BRILL. This book was released on 2005-11-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

The Practice of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1107107091
Total Pages : 1229 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper

Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

State Responsibility in International Law and Transboundary Pollution Injuries

Author : Kenneth Brian Hoffman
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis State Responsibility in International Law and Transboundary Pollution Injuries by : Kenneth Brian Hoffman

Download or read book State Responsibility in International Law and Transboundary Pollution Injuries written by Kenneth Brian Hoffman and published by . This book was released on 1974 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Environmental Law

Author : Pierre-Marie Dupuy
Publisher : Cambridge University Press
ISBN 13 : 1108539971
Total Pages : 597 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis International Environmental Law by : Pierre-Marie Dupuy

Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

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.

Liability for Transboundary Pollution in Private International Law

Author : Guillaume Laganière
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Liability for Transboundary Pollution in Private International Law by : Guillaume Laganière

Download or read book Liability for Transboundary Pollution in Private International Law written by Guillaume Laganière and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Our legal response to transboundary pollution depends not only on the adoption of preventive measures and regulatory oversight but also on the existence of civil liability mechanisms. Victims fundamentally seek to hold polluters liable for breaching their duties or deviating from basic standards of diligence, to obtain redress for the damage that ensued and to prevent it from continuing. The process becomes difficult, however, when pollution crosses borders and several domestic regimes are involved. This is where private international law comes into play.This thesis investigates the regulatory function of private international law with respect to transboundary pollution. It uses the International Law Commission’s Principles on the Allocation of Loss in the Case of Transboundary Harm as a benchmark and assesses Canadian private international law accordingly. It suggests that states have a duty to ensure the availability of prompt and adequate compensation for all victims of transboundary pollution (local or foreign). States must implement domestic measures to facilitate claims against transboundary polluters. This includes equal access to justice and equal remedies for all victims. Private international law plays a crucial role in this context: courts must have jurisdiction to hear cross-border claims and apply a law that is favourable to compensation under choice of law rules.This thesis builds from international environmental law to identify preferable rules of jurisdiction and choice of law for transboundary pollution in the Canadian context. It also addresses the enforcement of foreign judgments against local polluters. The conclusions of this thesis have implications for all cross-border environmental litigation, including climate change litigation against greenhouse gas emitters currently unfolding in domestic courts around the world"--

International Environmental Law

Author : Elli Louka
Publisher : Cambridge University Press
ISBN 13 : 1139459198
Total Pages : 478 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Environmental Law by : Elli Louka

Download or read book International Environmental Law written by Elli Louka and published by Cambridge University Press. This book was released on 2006-10-02 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether policymaking and trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.