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

Liability for Transboundary Pollution at the Intersection of Public and Private International Law
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
Total Pages: 312
Release: 2022-02-24
Genre: Law
ISBN: 1509951172

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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.


Compensation for Environmental Damages Under International Law

Compensation for Environmental Damages Under International Law
Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2011-01-01
Genre: Law
ISBN: 9041134379

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At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.


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

Liability for Transboundary Pollution at the Intersection of Public and Private International Law
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
Total Pages: 334
Release: 2022-02-24
Genre: Law
ISBN: 1509951164

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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.


China and International Environmental Liability

China and International Environmental Liability
Author: Michael G. Faure
Publisher: Edward Elgar Publishing
Total Pages: 381
Release: 2008-01-01
Genre: Law
ISBN: 1848445008

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Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.


Transboundary Pollution

Transboundary Pollution
Author: S. Jayakumar
Publisher: Edward Elgar Publishing
Total Pages: 448
Release: 2015-05-29
Genre: Law
ISBN: 1784715794

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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


Civil Liability for Transfrontier Pollution:Dutch Environmental Tort Law in International Cases in the Light of Community Law

Civil Liability for Transfrontier Pollution:Dutch Environmental Tort Law in International Cases in the Light of Community Law
Author: Gerrit Betlem
Publisher: Springer
Total Pages: 648
Release: 1993-09-24
Genre: Law
ISBN:

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This book covers both European Community law and Dutch environmental liability law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the Community law doctrine of indirect effect, which is of great practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. The book is unique in that, for the first time, it makes a developed body of case law accessible to non-Dutch lawyers. This study will be of interest not only to environmental lawyers, but to all those engaged in international litigation, comparative tort law, and in European Community law in general.


State Responsibility for Transboundary Air Pollution in International Law

State Responsibility for Transboundary Air Pollution in International Law
Author: Phoebe N. Okowa
Publisher:
Total Pages: 278
Release: 2004
Genre: Electronic books
ISBN:

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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.


The Law's Ultimate Frontier: Towards an Ecological Jurisprudence

The Law's Ultimate Frontier: Towards an Ecological Jurisprudence
Author: Horatia Muir Watt
Publisher: Bloomsbury Publishing
Total Pages: 367
Release: 2023-05-18
Genre: Law
ISBN: 1509940111

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This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.


Faith in Courts

Faith in Courts
Author: Lisa Harms
Publisher: Bloomsbury Publishing
Total Pages: 255
Release: 2022-12-01
Genre: Law
ISBN: 1509945113

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The judicialisation of religious freedom conflicts is long recognised. But to date, little has been written on the active role that religious actors and advocacy groups play in this process. This important book does just that. It examines how Jehovah's Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and their global support networks have litigated the right to freedom of religion at the European Court of Human Rights over the past 30 years. Drawing on in-depth interviews with NGOs, religious representatives, lawyers and legal experts, it is a powerful study of the social dynamics that shape transnational legal mobilisation and the ways in which legal mobilisation shapes discourses and conflict lines in the field of transnational law.


The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law
Author: Lavanya Rajamani
Publisher: Oxford University Press
Total Pages: 1104
Release: 2021-08-06
Genre: Law
ISBN: 0192589032

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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.