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| Author | : |
| Publisher | : Cambria Press |
| Total Pages | : 426 |
| Release | : |
| Genre | : |
| ISBN | : 1621969517 |
| Author | : Hjortur Bragi Sverrisson |
| Publisher | : |
| Total Pages | : 425 |
| Release | : 2014-05-14 |
| Genre | : LAW |
| ISBN | : 9781624991325 |
In an anarchical society of independent states, unilateral measures play an important role. Fortunately, this does not mean that most states act unilaterally most of the time; on the contrary, cooperation is the key word in most areas of international relations and international law. However, in the absence of a comprehensive judicial system or effective enforcement system, states have and will continue to take unilateral measures to enforce law and policies. Sometimes these measures only claim to legality is the application of the countermeasures doctrine. This landmark book by Dr. Hjrtur Bragi Sverrisson, the Head of Legal Affairs at EEA Grants, a development fund within the European Free Trade Association (EFTA), examines the law of countermeasures in the context of violations of international legal environmental obligations of states. It reviews the source of authority of states, namely, sovereignty, its interaction with the notion of international law, and the limitation of the latter. An in-depth review of the doctrine of countermeasures follows, by presenting, contrasting, and critically analyzing the views of the classical masters, as well as contemporary authors and other authoritative sources. The book puts the theories into context by presenting seven cases of states use, or threat of use, of unilateral remedies to protect environmental interests. One must remember that frustration, domestic politics, sovereign identity, and the need to show resolve not only are all a recipe for unlawful countermeasures, but also are often the underlying cause for such measures. Therefore, the environment for a solid and politically detached legal analysis regarding the flora of permissiblemeasures might not be the most favorable. However, the decision to take countermeasures cannot be a spontaneous one; it has to be meticulously analyzed, and proper steps have to be taken before such measures are used. Only then can the countermeasures doctrine form the basis for a legal and legitimate unilateral enforcement of international law. By shedding a light on this labyrinth, this book provides guidance for scholars and students, private actors, and policy makers, as well as legal advisers to governments.
| Author | : Hjörtur Bragi Sverrisson |
| Publisher | : |
| Total Pages | : 1066 |
| Release | : 2003 |
| Genre | : Environmental law, International |
| ISBN | : |
| Author | : Kuei-Jung Ni |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
The application of countermeasures, traditionally known as reprisal in the field of foreign relations, has been considered a counteract of an injured State in reponse to the prior violation of an obligation within a bilateral context. The World Court in the 1970 Barcelona case confirmed the existence of erga omnes obligaitons for every State with a view to safeguarding the intergrity of the international community as a whole, allowing all States to have a legal interest in protection. The ruling thus may provide some support for the use of unilateral measures to enforce compliance, although the acting State may not suffer tangible damage. However, the legitimacy of specific enforcement remains far from certain. During the past four decades, the International Law Commission (ILC), under the context of State responsibility, has attempted to codify countermeasures in which third-State measures to protect erga omnes interests have also been addressed. A controversy has developed among States as to whether and under what circumstances any State has a right to apply countermeasures in securing the common interests of mankind, such as human rights and the global environment. This article aims to explore the legal status of contemporary third-State countermeasures by examining scholarly arguments and the evolution of international rules mainl referring to the ILC's codification efforts. In particular, it is obvious that nowadays trans-boundary environmental damages and the depletion of global natural resources are serious global problems. A major focus of this article will be the implication of current international developments upon the application of unilateral measures to protect the global environment. Indeed, the final version of the ILC's Articles on State Responsiblity has yet to accord third States entitlement to invoke countermeasures in a strict sense. The Articles nevertheless recognize a unilateral right to apply lawful measures by the incorporation of a saving clause, which may shed some light on third-State enforcement. The arrangement may be an indication of the premature nature of third-State countermeasres. Perhaps, the legality of applying third-party countermeasures cannot by crystallized until a clear and further demonstration of international practices and judicial decision has been made. On the other hand, incontrast to gross violation of human rights, it seems far from clear, apart from huge damage to global commons, under what circumstances injury to international environmental interests may justify the use of third-party remedial actions.
| Author | : Onuma Yasuaki |
| Publisher | : Cambridge University Press |
| Total Pages | : 733 |
| Release | : 2017-02-15 |
| Genre | : Law |
| ISBN | : 1107024730 |
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
| Author | : Mary Clifford |
| Publisher | : Jones & Bartlett Publishers |
| Total Pages | : 449 |
| Release | : 2011-09 |
| Genre | : Law |
| ISBN | : 0763794287 |
Environmental crime is an increasingly serious problem nationally and internationally, and is an expanding field of study in today’s environmentally conscious classroom. Fully revised and updated, Environmental Crime, Second Edition revisits the early construction of environmental crime as a subject of study and addresses new and emerging subjects of study, specifically focused on the United States but including research from Europe, Australia, and around the world. Comprehensive and interdisciplinary in its focus, this Second Edition is written by a collection of experts in the field and presents themes related to the social, cultural, political, economic, scientific and legal contexts of environmental crime. Each chapter includes key terms, review questions, discussion questions, and references. The accessible style and easy-to-read format make Environmental Crime, Second Edition ideal for anyone from any discipline, with little to no exposure to the subject matter. New material added to the Second Edition: • New chapter on the relationship between social and political activism and legislative change • New chapter on crime theories specifically focused on environmental issues • Updates on the history and legislation • Updates on definition and related terms • Updates on state and local issues • Updates on police, courts, sentencing and punishments • New online link with additional resources for students Key Features: * Includes contributions from nationally and internationally known experts on the topic of environmental crime * Provides a comprehensive focus on the United States laws and policies related to environmental law, violations, punishments and sanctions * Includes a historical review of law creation and activist protests focused on organizing and changing laws around environmental protections and environmental harms * Interdisciplinary in its focus, the text includes biological sciences, history and political debates, economics, media, crime theory and its application, in addition to sections on international constructions of environmental crime and future research directions Instructor Resources: * Test Bank * Microsoft PowerPoint slides
| Author | : Malcolm David Evans |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 949 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0199654670 |
Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.
| Author | : Vincent-Joël Proulx |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 378 |
| Release | : 2012-11-05 |
| Genre | : Law |
| ISBN | : 1782250379 |
Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
| Author | : Pierre-Marie Dupuy |
| Publisher | : Cambridge University Press |
| Total Pages | : 597 |
| Release | : 2018-06-07 |
| Genre | : Law |
| ISBN | : 1108539971 |
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.
| Author | : Vincent-Joël Proulx |
| Publisher | : Oxford University Press |
| Total Pages | : 407 |
| Release | : 2016-05-05 |
| Genre | : Law |
| ISBN | : 019150002X |
Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.
