International Courts and Environmental Protection

Author: Tim Stephens
Publisher: Cambridge University Press
ISBN: 0521881226
Format: PDF, ePub, Mobi
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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
Format: PDF, ePub, Mobi
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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.

Towards Sustainable Coastal Development

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

Sovereign Defaults before International Courts and Tribunals

Author: Michael Waibel
Publisher: Cambridge University Press
ISBN: 1139496131
Format: PDF, ePub, Mobi
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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.

Theatre of the Rule of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Format: PDF, ePub, Docs
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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.

Science and Risk Regulation in International Law

Author: Jacqueline Peel
Publisher: Cambridge University Press
ISBN: 113949323X
Format: PDF, ePub, Mobi
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The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

The Challenge of Child Labour in International Law

Author: Franziska Humbert
Publisher: Cambridge University Press
ISBN: 1139480324
Format: PDF, ePub, Docs
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Child labour remains a widespread problem around the world. Over 200 million children can be regarded as child labourers, and about 10 million children are involved in producing either agricultural or manufactured products for export. Franziska Humbert explores the status of child labour in international law. Offering a wide-ranging analysis of the problem, she explores the various UN and ILO instruments and reveals the weaknesses of the current frameworks installed by these bodies to protect children from economic exploitation. After assessing to what extent trade measures such as conditionalities, labelling and trade restrictions and promotional activities can reduce child labour, she suggests an alternative legal framework which takes into account the needs of children.

Climate Change Litigation

Author: Jacqueline Peel
Publisher: Cambridge University Press
ISBN: 1107036062
Format: PDF, Kindle
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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.