Global Regulatory Standards In Environmental And Health Disputes

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Global Regulatory Standards in Environmental and Health Disputes

Author : Caroline E. Foster
Publisher : Oxford University Press
ISBN 13 : 0198810555
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Global Regulatory Standards in Environmental and Health Disputes by : Caroline E. Foster

Download or read book Global Regulatory Standards in Environmental and Health Disputes written by Caroline E. Foster and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

International Courts Versus Non-Compliance Mechanisms

Author : Christina Voigt
Publisher :
ISBN 13 : 1009373897
Total Pages : 530 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis International Courts Versus Non-Compliance Mechanisms by : Christina Voigt

Download or read book International Courts Versus Non-Compliance Mechanisms written by Christina Voigt and published by . This book was released on 2024-02-14 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.

Trading Up

Author : David Vogel
Publisher : Harvard University Press
ISBN 13 : 9780674044685
Total Pages : 342 pages
Book Rating : 4.0/5 (446 download)

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Book Synopsis Trading Up by : David Vogel

Download or read book Trading Up written by David Vogel and published by Harvard University Press. This book was released on 2009-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

Improving Regulation

Author : Paul S. Professor Fischbeck
Publisher : Routledge
ISBN 13 : 113652262X
Total Pages : 482 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Improving Regulation by : Paul S. Professor Fischbeck

Download or read book Improving Regulation written by Paul S. Professor Fischbeck and published by Routledge. This book was released on 2010-09-30 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there potential for a U.S. regulatory system that is more efficient and effective? Or is the future likely to involve 'paralysis by analysis'? Improving Regulation considers the challenges faced by the regulatory system as society and technology change, and our knowledge about the effects of our activities on human and planetary health becomes more sophisticated. While considering the difficulty in linking regulatory design and performance, Improving Regulation makes the case for empowering regulatory analysis. Studying applications as diverse as fire protection, air and water pollution, and genetics, its contributors examine the strategies of different stakeholders in today's complex policymaking environment. With a focus on the behavior of institutions and people, they consider the impact that organizational politics, science, technology, and performance have on regulation. They explore the role of technology in creating and reducing uncertainty, the costs of control, the potential involvement of previously unregulated sectors, and the contentious public debates about fairness and participation in regulatory policy. Arguing that the success of many regulations depends upon their acceptance by the public, Fischbeck, Farrow, and their contributors offer extensive, inductive evidence on the art of regulatory analysis. The resulting book provides 'real world' examples of regulation, and a demonstration of how to synthesize analytical skills with a knowledge of physical and social processes.

Resolving Environmental Regulatory Disputes

Author : Lawrence Susskind
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Resolving Environmental Regulatory Disputes by : Lawrence Susskind

Download or read book Resolving Environmental Regulatory Disputes written by Lawrence Susskind and published by . This book was released on 1983 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared for the United States Environmental Protection Agency.

International Health Regulations (2005)

Author : World Health Organization
Publisher : World Health Organization
ISBN 13 : 9241580410
Total Pages : 82 pages
Book Rating : 4.2/5 (415 download)

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Book Synopsis International Health Regulations (2005) by : World Health Organization

Download or read book International Health Regulations (2005) written by World Health Organization and published by World Health Organization. This book was released on 2008-12-15 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.

The Impact of the WTO

Author : Trish Kelly
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Impact of the WTO by : Trish Kelly

Download or read book The Impact of the WTO written by Trish Kelly and published by Edward Elgar Publishing. This book was released on 2007 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.

The Functions of International Adjudication and International Environmental Litigation

Author : Joshua Paine
Publisher : Cambridge University Press
ISBN 13 : 1108640427
Total Pages : 425 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Functions of International Adjudication and International Environmental Litigation by : Joshua Paine

Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

New Zealand Yearbook of International Law

Author :
Publisher : BRILL
ISBN 13 : 9004529950
Total Pages : 286 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis New Zealand Yearbook of International Law by :

Download or read book New Zealand Yearbook of International Law written by and published by BRILL. This book was released on 2022-12-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2020 to 31 December 2020.

International Courts versus Non-Compliance Mechanisms

Author : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1009373900
Total Pages : 529 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis International Courts versus Non-Compliance Mechanisms by : Christina Voigt

Download or read book International Courts versus Non-Compliance Mechanisms written by Christina Voigt and published by Cambridge University Press. This book was released on 2024-02-29 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-compliance mechanisms are more important than ever for helping ensure the effective implementation of treaties, now and into the future.

Comparative Climate Change Litigation: Beyond the Usual Suspects

Author : Francesco Sindico
Publisher : Springer Nature
ISBN 13 : 3030468828
Total Pages : 615 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Comparative Climate Change Litigation: Beyond the Usual Suspects by : Francesco Sindico

Download or read book Comparative Climate Change Litigation: Beyond the Usual Suspects written by Francesco Sindico and published by Springer Nature. This book was released on 2021-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Weaponising Evidence

Author : Margherita Melillo
Publisher : Cambridge University Press
ISBN 13 : 1009354345
Total Pages : 372 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Weaponising Evidence by : Margherita Melillo

Download or read book Weaponising Evidence written by Margherita Melillo and published by Cambridge University Press. This book was released on 2024-01-31 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.

International Investment Law

Author : Hélène Ruiz Fabri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929053
Total Pages : 704 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Investment Law by : Hélène Ruiz Fabri

Download or read book International Investment Law written by Hélène Ruiz Fabri and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

Global Business Regulation

Author : John Braithwaite
Publisher : Cambridge University Press
ISBN 13 : 9780521780339
Total Pages : 194 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Global Business Regulation by : John Braithwaite

Download or read book Global Business Regulation written by John Braithwaite and published by Cambridge University Press. This book was released on 2000-02-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.

Science and the Precautionary Principle in International Courts and Tribunals

Author : Caroline E. Foster
Publisher : Cambridge University Press
ISBN 13 : 1139500163
Total Pages : 401 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Science and the Precautionary Principle in International Courts and Tribunals by : Caroline E. Foster

Download or read book Science and the Precautionary Principle in International Courts and Tribunals written by Caroline E. Foster and published by Cambridge University Press. This book was released on 2011-03-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Environmental Principles

Author : Nicolas de Sadeleer
Publisher : Oxford University Press
ISBN 13 : 0192582674
Total Pages : 593 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Environmental Principles by : Nicolas de Sadeleer

Download or read book Environmental Principles written by Nicolas de Sadeleer and published by Oxford University Press. This book was released on 2020-10-30 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

Technology, Globalization, and Sustainable Development

Author : Nicholas A Ashford
Publisher : Routledge
ISBN 13 : 0429886470
Total Pages : 774 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Technology, Globalization, and Sustainable Development by : Nicholas A Ashford

Download or read book Technology, Globalization, and Sustainable Development written by Nicholas A Ashford and published by Routledge. This book was released on 2018-08-06 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technology, Globalization, and Sustainable Development offers a unified, transdisciplinary approach for transforming the industrial state in order to promote sustainable development. The authors present a deep analysis of the ways that industrial states – both developed and developing – are currently unsustainable and how economic and social welfare are related to the environment, to public health and safety, and to earning capacity and meaningful and rewarding employment. The authors offer multipurpose solutions to the sustainability challenge that integrate industrial development, employment, technology, environment, national and international law, trade, finance, and public and worker health and safety. The authors present a compelling wake-up call that warns of the collision course set between the current paths of continued growth and inevitable unsustainability in the world today. Offering clear examples and real solutions, this textbook illustrates how the driving forces that are currently promoting unsustainability can be refocused and redesigned to reverse course and improve the state of the world. This book is essential reading for those teaching and studying sustainable development and the critical roles of the economy, employment, and the environment.