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International Courts And Environmental Protection

Author: Tim Stephens
Publisher: Cambridge University Press
ISBN: 0521881226
Size: 76.33 MB
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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

Science And The Precautionary Principle In International Courts And Tribunals

Author: Caroline E. Foster
Publisher: Cambridge University Press
ISBN: 1139500163
Size: 11.11 MB
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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Climate Change Litigation

Author: Jacqueline Peel
Publisher: Cambridge University Press
ISBN: 1107036062
Size: 75.76 MB
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Examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

Sovereign Defaults Before International Courts And Tribunals

Author: Michael Waibel
Publisher: Cambridge University Press
ISBN: 1139496131
Size: 53.52 MB
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International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.

Trade And The Environment

Author: Damien Geradin
Publisher: Cambridge University Press
ISBN: 9780521590129
Size: 71.37 MB
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A penetrating analysis of the relation between trade and environmental protection policies in the EC and the US.

Towards Sustainable Coastal Development

Author: Tony George Puthucherril
Publisher: Martinus Nijhoff Publishers
ISBN: 9004282203
Size: 60.38 MB
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Utilizing the coastal problems of South Asia, including sea level rise, Towards Sustainable Coastal Development: Institutionalizing Integrated Coastal Zone Management and Coastal Climate Change Adaptation in South Asia investigates the role of law and regional regimes in facilitating linkages between integrated coastal zone management and coastal climate change adaptation to contribute to sustainable coastal development.

Theatre Of The Rule Of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Size: 33.88 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

International Law And The Arctic

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 1107435951
Size: 39.46 MB
Format: PDF
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Climate change and rising oil prices have thrust the Arctic to the top of the foreign policy agenda and raised difficult issues of sovereignty, security and environmental protection. Improved access for shipping and resource development is leading to new international rules on safety, pollution prevention and emergency response. Around the Arctic, maritime boundary disputes are being negotiated and resolved, and new international institutions, such as the Arctic Council, are mediating deep-rooted tensions between Russia and NATO and between nation states and indigenous peoples. International Law and the Arctic explains these developments and reveals a strong trend towards international cooperation and law-making. It thus contradicts the widespread misconception that the Arctic is an unregulated zone of potential conflict.