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The Oxford Handbook of International Environmental Law

Author : Lavanya Rajamani
Publisher : Oxford University Press
Page : 1104 pages
File Size : 49,50 MB
Release : 2021-08-06
Category : 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.

International environmental laws and the concept of soft law

Author : Peterson Kelly
Publisher : GRIN Verlag
Page : 28 pages
File Size : 48,9 MB
Release : 2014-09-12
Category : Law
ISBN : 3656741026

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Seminar paper from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Cambridge, language: English, abstract: Soft law regards to international norms that are deliberately non-binding in character, but are of great legal relevance. This has unique policies that lie between law and politics. Noticeable examples include resolutions by international organizations and global plans of actions of conduct. Soft laws operates under a different model from “hard law” that is associated with legally binding obligations. Furthermore, soft laws are characterized with less degrees of precision when compared with hard laws. Some scholars argue that soft law is ambiguous because its legal effects and its implication is often difficult to identify. Soft law mainly constitutes various part of the modern law-making process. International environmental regulations indicate a successful application of the soft law. Scholars believe that soft law outweighs the classical and familiar legal categories of law that form a platform of international regulations. Soft law is associated with various concerns; however, it has strategic mechanisms for imposing its proposals. The law is primarily structural in nature because it includes the existence and development of an organized network of permanent institutions at international and regional levels. Rio+20 conference provides a practical example of emphasize of soft law in the international environmental regulations. Studies indicate that the Rio+20 seminar on environmental sustainability did not create any successful agreements or commitments; however, it provided a global platform for discussing demanding issues in the effort to secure international sustainable development.

International Environmental “soft law”

Author : Jürgen Friedrich
Publisher : Springer Science & Business Media
Page : 522 pages
File Size : 32,77 MB
Release : 2013-11-26
Category : Law
ISBN : 3642449468

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In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

International Environmental Law

Author : Roger Romulus Martella
Publisher : Amer Bar Assn
Page : 1107 pages
File Size : 22,32 MB
Release : 2015-10-07
Category : Law
ISBN : 9781627227377

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A practical analytical framework for understanding and analyzing a complex and confusing regime of international environmental laws, this resource begins by considering the current state of play of international environmental law and describes the framework for approaching an issue in this area. The book provides a template for analyzing critical international environmental law issues, considers the legal regimes in twenty-six key markets that span the globe, and concludes by discussing global and cross-border matters.

International Environmental Law

Author : Ulrich Beyerlin
Publisher : Bloomsbury Publishing
Page : 457 pages
File Size : 28,5 MB
Release : 2011-08-11
Category : Law
ISBN : 1847317685

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International Environmental Law is a new textbook written for students, practitioners, and anyone interested in the subject. The overall aim of the book is to provide a fresh understanding of international environmental law as a whole, seen in the light of climate change, biodiversity loss, and the other serious environmental challenges facing the world. The book has also been kept deliberately manageable in size by careful selection of topics and by adopting a cross-cutting synthesis of regulatory interaction in the field. This enables the reader to place international environmental law in the broader context of public international law in general, revealing at the same time that international environmental law is experimental ground for developing new legal approaches towards global governance. To this end, the authors have combined theory and practice. Apart from discussing concepts, rule-making and compliance, the book looks at options for improved coordination, harmonisation and even integration of existing multilateral environmental agreements, analysing how conflicts between various environmental regimes can be avoided or, at least, adequately managed. The authors argue that an appropriate management of international environmental relations must address the North-South divide, which continues to be a major obstacle to global environmental cooperation. Furthermore, the authors emphasise the growing human rights dimension of international environmental law. This book is an ideal 'door opener' for the further study of international environmental law. Focusing on 'international environmental governance' in a comprehensive way, it serves to explain that each institution, each actor, and each instrument is part of a multi-dimensional process in international environmental law and relations.

International Environmental Law in a Nutshell

Author : Lakshman D. Guruswamy
Publisher : West Academic Publishing
Page : 0 pages
File Size : 33,25 MB
Release : 2003
Category : Environmental law, International
ISBN : 9780314144096

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Sources and Forms of International Environmental Law; Implementation; Population; Biodiversity; Global Climate Chan Ozone Depletion; Antarctica; Toxic and Hazardous Substances; Land-Based Pollution; Vessel-Based Pollution; Dumping; Conservation of Marine Living Resources; Transboundary Air Pollution; Transboundary Water Pollution; Desertification Nuclear Dama The Future of EIL.

Hard Choices, Soft Law

Author : John J. Kirton
Publisher : Routledge
Page : 414 pages
File Size : 50,80 MB
Release : 2017-03-02
Category : Law
ISBN : 1351931636

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An important read for academics and policy-makers alike, Hard Choices, Soft Law asserts that voluntary standards, or 'soft' law, are an important supplement to international law in a number of areas. This key work firstly outlines the approach taken to combining soft and hard law and trade, environment and labour values in the WTO and NAFTA, and in the prospective Millennium Round. Then, using the forestry sector - a realm where formal international law remains largely absent - the book provides a detailed examination of the role of soft law in action. It demonstrates how soft and hard law can be combined to promote trade, environmental and social cohesion, in ways that also permit sustainable development. The book presents a wealth of knowledge from a range of contributors familiar with the work of the G7/G8, the OECD, the Biodiversity Convention and the Codex Alimentarius.