Science and the Precautionary Principle in International Courts and Tribunals

Author: Caroline E. Foster
Publisher: Cambridge University Press
ISBN: 1139500163
Format: PDF, Kindle
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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
Format: PDF, Mobi
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Examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

International Law and the Arctic

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 1107042755
Format: PDF, Kindle
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

Shipping Interdiction and the Law of the Sea

Author: Douglas Guilfoyle
Publisher: Cambridge University Press
ISBN: 0521760194
Format: PDF, Docs
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

Local Remedies in International Law

Author: Chittharanjan Felix Amerasinghe
Publisher: Cambridge University Press
ISBN: 9781139450157
Format: PDF, ePub, Mobi
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In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

Towards Sustainable Coastal Development

Author: Tony George Puthucherril
Publisher: Martinus Nijhoff Publishers
ISBN: 9004282203
Format: PDF, ePub
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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
Format: PDF, Kindle
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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.

Courts and Political Institutions

Author: Tim Koopmans
Publisher: Cambridge University Press
ISBN: 9780521533997
Format: PDF, ePub, Mobi
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Considers the relation between law and politics, including human rights, federalism and equal protection.