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| Author | : Romina Gilda Rivero |
| Publisher | : |
| Total Pages | : 102 |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
| Author | : Panos Merkouris |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
On 20 April 2010, the International Court of Justice (ICJ) announced its highly anticipated judgment in the environmental dispute between Argentina and Uruguay. Perhaps the most notable contribution of this judgment to international environmental law and the law on shared watercourses is the fact that the ICJ explicitly recognized Environmental Impact Assessment (EIA) as a practice that has attained customary international law status. Another interesting point is the discussion, which the present case ignited, with respect to the use or non-use in the case in question of experts by the ICJ through an application of Rule 50 of the Statute of the Court. Although the ICJ did not make use of this provision, a lot of concerns were expressed both in the corpus of the judgment and in the opinion of the judges as to the possible usefulness and necessity of this option, especially in such complex and technical matters, which are characteristic of environmental disputes.
| Author | : Viviane Meunier-Rubel |
| Publisher | : BRILL |
| Total Pages | : 488 |
| Release | : 2022-09-12 |
| Genre | : Law |
| ISBN | : 9004467580 |
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).
| Author | : Myron H. Nordquist |
| Publisher | : BRILL |
| Total Pages | : 523 |
| Release | : 2019-11-11 |
| Genre | : Law |
| ISBN | : 9004412026 |
Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
| Author | : Neil Craik |
| Publisher | : Cambridge University Press |
| Total Pages | : 358 |
| Release | : 2008-02-21 |
| Genre | : Law |
| ISBN | : 9780521879453 |
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.
| Author | : Jutta Brunnée |
| Publisher | : BRILL |
| Total Pages | : 240 |
| Release | : 2021-02-22 |
| Genre | : Law |
| ISBN | : 9004444386 |
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
| Author | : Rachael Lorna Johnstone |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 345 |
| Release | : 2015-01-08 |
| Genre | : Law |
| ISBN | : 9004283390 |
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
| Author | : Allen L. Springer |
| Publisher | : University of Toronto Press |
| Total Pages | : 273 |
| Release | : 2016-01-01 |
| Genre | : Law |
| ISBN | : 1442635177 |
Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law--both its content and its relevance become clearer in times of controversy--but conflict can also help shape the law. Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict examines six prominent case studies to demonstrate how transboundary disputes have influenced the development of international environmental law and policy. Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.
| Author | : Simon Marsden |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2013-11-05 |
| Genre | : Law |
| ISBN | : 1134075065 |
This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.
| Author | : Lavanya Rajamani |
| Publisher | : Oxford University Press |
| Total Pages | : 1104 |
| Release | : 2021-08-06 |
| Genre | : Law |
| ISBN | : 0192589032 |
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.
