Public international law: environment Books
Taylor & Francis Ltd Transboundary Water Cooperation
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Taylor & Francis International Environmental Law and the Conservation of Coral Reefs 2 Routledge Research in International Environmental Law
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Taylor & Francis Ltd Negotiating Environment and Science
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Taylor & Francis Ltd The WTO and the Environment Development of competence beyond trade Routledge Research in International Economic Law
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Taylor & Francis European Union and Environmental Governance Global Institutions
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Taylor & Francis Global Governance of Genetic Resources
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Taylor & Francis Wild Law In Practice
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Taylor & Francis Environmental Justice and the Rights of Ecological Refugees
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Taylor & Francis Environmental Justice and the Rights of Indigenous Peoples
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Taylor & Francis The Global Climate Regime and Transitional Justice
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Taylor & Francis Ltd Mountain Resorts Ecology and the Law Ecology and Law in Modern Society
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Taylor & Francis Ltd Key Materials in International Environmental Law
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Taylor & Francis Ltd Artists and Patrons in Postwar Britain No 2 Courtauld Research Papers
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Taylor & Francis Ltd The Sardar Sarovar Dam Project
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Taylor & Francis Ltd The Law and Ecology of Pesticides and Pest Management
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Taylor & Francis Ltd Environmental Liability and the Interplay between
Book SynopsisThe role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level.Given the book's focus and the transnational legal dimension of the issues covered, this volume will be of greaTable of ContentsPreface Acknowledgements Abbreviations Introduction—relevance of the topic and scope of the analysis 1. Background: the problem 2. The concept, role and function of liability in the environmental context 3. Environmental liability and access to justice 3.1. Access to justice in environmental matters 3.2. Access to justice and environmental liability 4. From theory to practice: current developments in environmental liability 4.1. The global picture 4.2. The elusive response of international law 5. Scope and aims of this book 5.1. Theoretical background 5.2. Focus, methodological approach and structure of the book PART 1Environmental liability in international law 1 The law of State responsibility and its application to environmental damage 1. Introduction 2. The responsibility of States for wrongful acts: general principles 3. Transboundary harm prevention and State responsibility 3.1. Early developments and evolution of the primary rules 3.2. From no-harm to prevention 3.3. Due diligence and environmental liability 3.4. The ‘significant harm’ threshold 3.5. The link of causality 4. From transboundary harm prevention and responsibility to States’ environmental liability 4.1. The concept of environmental damage 4.2. Reparation under the law of State responsibility 4.3. Valuation and assessment of environmental damage 5. Current challenges of the law of State responsibility in the environmental context 5.1. Non-state actors and State responsibility 5.2. The erga omnes character of environmental harms 6. State responsibility for environmental harm in the international States practice 7. Concluding remarks and assessment 2 The quest towards an international law framework of states’ environmental liability in the work of the ILC 1. State liability as a primary rule of international law 2. Environmental liability in the work of the ILC: from international liability to allocation of losses 3. Response measures and ex post prevention in the environmental field: between primary and secondary rules? 4. Conclusions 3 Civil liability for environmental damage in international treaties 1. Introductory remarks 2. The international liability framework for nuclear damage 2.1. The 1960 Paris and 1963 Vienna Conventions 2.2. The role of the state in the nuclear liability regime 2.2.1. State liability under the 1963 Vienna and 1960 Paris Conventions 2.3. Revising and enhancing the international nuclear liability regime 2.3.1. The 1988 linking protocol 2.3.2. The 1997 Vienna amending protocol2.3.3. The 1997 Convention on Supplementary Compensation (CSC) 2.3.4. The 2004 protocols amending the Paris and Brussels Conventions 2.4. The international nuclear liability framework: an assessment 3. International civil liability regimes for sea pollution damage 3.1. The 1969 civil liability convention and the 1971 fund convention 3.2. The 1992 revision protocols of the oil pollution liability framework 3.3. The definition of oil pollution damage 3.4. Revising the amount of compensation 3.5. The International Oil Pollution Compensation (IOPC) Fund 3.6. The 2003 Supplementary Fund 3.7. Oil pollution liability treaties in a multilevel context 4. Complementing the oil pollution regime: the HNS and Bunker oil liability conventions 5. The international liability framework and the protection of the marine environment 6. ‘Second generation’ environmental liability agreements 6.1. The 1993 Council of Europe’s Lugano Convention 6.2. The Nagoya-Kuala Lumpur supplementary protocol on liability for biodiversity damage 6.2.1. Liability and redress in the framework of the Biodiversity Convention 6.2.2. Liability for damage caused by LMOs 6.3. The liability annex to the Madrid Protocol on Environmental Protection 7. Conventional systems of international liability: a layered framework 8. Soft law developments in the field of environmental liability 9. Concluding remarks PART 2Harmonising environmental liability in the EU: Substantive and procedural legal aspects 4 The EU approach to environmental liability: The 2004/35 environmental liability directive 1. Introduction 2. Historical background 3. The underling regulatory and policy rationales 4. The Directive’s main elements and scope of application 4.1 Definition of ‘environmental damage’ 4.2. The natural resources covered 4.2.1. Damage to ‘biodiversity’ 4.2.2. Damage to water 4.2.3. Damage to land 4.3. A limited approach to environmental damage? 4.4. The notion of operator and the activities covered 4.5. The Directive’s temporal scope of application 4.6. Exceptions and defences under the Directive 4.7. Questions of causation and plurality of responsible parties 5. Enforcing environmental liability 5.1. Combining prevention and reparation for environmental harm 5.2. The competent authorities and the enforcement of the ELD’s liability regime 6. Remedies 7. Issues of access to justice under the ELD 8. Harmonising environmental liability in the EU: assessing the ELD and its potential added value 9. Concluding remarks 5 Transnational harm in Europe and the potential for a harmonised legal framework 1. Introduction 2. The harmonisation of conflict of law in Europe 3. The Brussels I Regulation and its application to transboundary environmental damage 4. Rome II regulation and the determination of applicable law 5. Transnational corporate litigation before domestic courts in Europe 6. Jurisdictional aspects, corporate liability and duty of care 7. The harmonisation of EU private international law rules: an assessment 8. Transboundary environmental liability litigation in Europe: perspectives after the ELD 9. The new proposal for a directive on corporate sustainability due diligence PART 3Exploring the interactions between EU law and international law 6 The EU’s contribution to international law-making in the field of environmental liability 1. Introduction 2. The EU’s participation in international agreements: general remarks 3. The principle of conferral and EU’s external competence 3.1. Express external competences 3.2. The doctrine of implied external powers 3.3. Choosing the appropriate legal basis 4. The practice of EU external relations 4.1. Mixed agreements 4.2. Member States acting as ‘trustees’ of the EU 5. The duty of cooperation and its impact on Member States’ external action 6. Reflections on the relationship between the EU legal order and international law 7. The participation of the EU in international environmental liability agreements 7.1. Liability agreements with an environmental dimension: the Nagoya-Kuala Lumpur Supplementary Protocol 7.2. Disrupting interaction? 7.3. The EU’s involvement in international civil liability treaties on marine pollution and nuclear damage 7.3.1. The external relations implications of Brussels I Regulation 7.3.2. The impact of the ELD on the EU’s participation in the marine pollution civil liability regime 7.4. EU’s and Member States’ ratification of international liability conventions 8. Interaction and coordination between liability regimes in a multilevel context 8.1. The practice of disconnection and non-affect clauses 8.2. Coordinating the ELD and the liability conventions on marine pollution and nuclear damage 8.3. Article 4 of the ELD 9. Environmental policy and governance perspectives on the interaction between the ELD and international law 10. Concluding remarks 7 Substantive aspects of the interplay between EU law and international environmental agreements 1. Introduction 2. The legal status and impact of international treaties to which the EU is a party in the EU legal order 2.1. The binding character of EU international agreements and the CJEU’s jurisdiction over them 2.2. Primacy of EU international agreements 3. The CJEU’s case-law and its approach to direct effect of international norms 4. Consistent interpretation 5. Towards a harmonious approach to the relationship between EU and international law 6. Consistent interpretation and the mutual supportiveness of EU law and international law in the field of environment 7. Interim findings 8. Between mutual supportiveness and complementarity in the CJEU’s case-law on environmental liability 9. Interactions and potential synergies between liability regimes in a multilevel context Conclusions 1. An evolving scenario 2. General trends and emerging principles 3. Environmental harms and the relationship between EU and international law: towards mutual supportiveness? 4. Closing remarks Bibliography Index
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Cambridge University Press Protecting the Polar Marine Environment
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Cambridge University Press The Antarctic Treaty Regime Law Environment and Resources Studies in Polar Research
Book SynopsisThe Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.Table of ContentsPart I. Antarctica: physical environment and scientific research: 1. Introduction; 2. The Antarctic physical environment D. J. Drewry; 3. Scientific opportunities in the Antarctic R. M. Laws; Part II. The Antarctic Treaty regime: legal issues: 4. Introduction; 5. The Antarctic scene: legal and political facts R. Trolle-Andersen; 6. The Antarctic Treaty system: a viable alternative for the regulation of resource-oriented activities F. Orrego Vicuna; 7. The relevance of Antarctica to the lawyer Hazel Fox; 8. The Antarctic Treaty system: some jurisdictional problems G. D. Triggs; Part III. The Antarctic Treaty regime: protecting the marine environment: 9. Introduction; 10. The Antarctic Treaty system as a resource management mechanism J. A. Gulland; 11. Regulated development and conservation of Antarctic resources M. W. Holdgate; 12. Recent developments in Antarctic conservation W. N. Bonner; 13. Environmental protection and the future of the Antarctic: new approaches and perspectives are necessary J. N. Barnes; Part IV. The Antarctic Treaty regime: minerals regulation: 14. Introduction; 15. Antarctic mineral resources: negotiations for a mineral resources regime A. D. Watts; 16. Mineral resources: commercial prospects for Antarctic minerals F. G. Larminie; 17. Negotiation of a minerals regime G. D. Triggs; Part V. Whither Antarctica? Future policies: 18. Introduction; 19. Current and future problems arising from activities in the Antarctic J. A. Heap; 20. Antarctica: the claims of 'expertise' versus 'interest' Zain-Azraai; 21. Whither Antarctica? Alternative strategies J. R. Rowland; Part VI: 22. Conclusion.
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Cambridge University Press Fairness in International Climate Change Law and Policy
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Cambridge University Press Transboundary Harm in International Law
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Cambridge University Press Managing and Transforming Water Conflicts
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Cambridge University Press Multilevel Governance of Global Environmental Change
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Cambridge University Press The International Law of Environmental Impact Assessment Process Substance and Integration 58 Cambridge Studies in International and Comparative Law Series Number 58
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Cambridge University Press lystersinternationalwildlifelaw
Book SynopsisThe development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work fTrade Review'The book closes on a cliff-hanger moment just before the events of the Tenth COP to the CBD, at which it was revealed - to nobody's surprise - that the international community had roundly failed to meet its 2010 commitments in halting global biodiversity loss. The reasons behind this collective failure are admirably covered in this excellent and highly recommended text, which shares the cautious optimism of the original in the potential of multilateral action to effect a genuine improvement in the conservation status of biodiversity … With this second edition, symbolically coinciding with a crucial year for international biodiversity law, the authors have produced a worthy successor to Lyster's celebrated original work.' Richard Caddell, Journal of Environmental LawTable of ContentsPart I. Foundations of International Wildlife Law: 1. The historical evolution of international wildlife law; 2. Wildlife and the international legal system; 3. The philosophical foundations of international wildlife law; 4. Implementation and enforcement of international wildlife law; Part II. Species Regulation: 5. Fish; 6. The International Convention for the Regulation of Whaling; 7. Birds; Part III. Regional Wildlife Regulation: 8. The Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; 9. The African Convention on the Conservation of Nature and Natural Resources; 10. The Convention on the Conservation of European Wildlife and Natural Habitats; 11. Polar regions; 12. Other regional and sub-regional arrangements; Part IV. Global Wildlife Regulation: 13. The Ramsar Convention on Wetlands; 14. World Heritage Convention; 15. The Convention on International Trade in Endangered Species of Wild Fauna and Flora; 16. The Convention on the Conservation of Migratory Species of Wild Animals; Part V. Biological Diversity: A New Perspective on Wildlife Regulation: 17. The Biodiversity Convention and biosafety protocol; 18. Deserts, forests and mountains; Part VI. Cross-Sectoral Issues in Wildlife Regulation: 19. Wildlife and trade; 20. Wildlife and welfare; 21. Wildlife and pollution; Part VII. Conclusion: 22. Final reflections.
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Cambridge University Press Rescuing Science from Politics
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Cambridge University Press Intl of Environmental Protection 54 Cambridge Studies in International Relations Series Number 54
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Cambridge University Press International Climate Change Regime
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Cambridge University Press International Environmental Law Reports Volume 1 International Environmental Law Reports Series Number 1
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Cambridge University Press International Environmental Law Reports Volume 1 International Environmental Law Reports Series Number 1
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Cambridge University Press International Environmental Law Reports Volume 5 International Environmental Law Reports Series Number 5
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Cambridge University Press International Environmental Law Reports International Environmental Law in International Tribunals 5 International Environmental Law Reports Series Number 5
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Cambridge University Press Internat Environ Law Reports v4
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Cambridge University Press International Environmental Law Reports Volume 3 International Environmental Law Reports Series Number 3
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Cambridge University Press International Environmental Law Reports Volume 2 International Environmental Law Reports Series Number 2
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Cambridge University Press Protecting the Polar Marine Environment
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Cambridge University Press Controlling Climate Change
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Cambridge University Press Environmental Politics
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Cambridge University Press Environmental Politics Scale and Power
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Cambridge University Press Beyond Environmental Law
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Cambridge University Press The Amazon from an International Law Perspective
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Cambridge University Press Transboundary Damage in International Law 27 Cambridge Studies in International and Comparative Law Series Number 27
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Cambridge University Press Lysters International Wildlife Law
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Cambridge University Press The International Climate Change Regime A Guide to Rules Institutions and Procedures
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Cambridge University Press VesselSource Marine Pollution The Law and Politics of International Regulation Cambridge Studies in International and Comparative Law Series Number 45
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Cambridge University Press Rescuing Science from Politics
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Cambridge University Press Transboundary Harm in International Law
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Cambridge University Press The Role of Customary Law in Sustainable Development
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Cambridge University Press Compendium of Land Use Laws for Sustainable Development
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