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Author: Caroline E. Foster
Publisher: Oxford University Press
ISBN: 0198810555
Category : Law
Languages : en
Pages : 417
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Book Description
Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Author: Caroline E. Foster
Publisher: Oxford University Press
ISBN: 0198810555
Category : Law
Languages : en
Pages : 417
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Book Description
Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Author: Christina Voigt
Publisher:
ISBN: 1009373897
Category : Law
Languages : en
Pages : 530
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Book Description
This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.
Author: Rebecca Schmidt
Publisher: Cambridge University Press
ISBN: 9781108445535
Category : Law
Languages : en
Pages : 0
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Book Description
This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.
Author: David Vogel
Publisher: Harvard University Press
ISBN: 9780674044685
Category : Reference
Languages : en
Pages : 342
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Book Description
Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.
Author: Paul S. Fischbeck
Publisher: Routledge
ISBN: 1136522638
Category : Health & Fitness
Languages : en
Pages : 480
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Book Description
Is there potential for a U.S. regulatory system that is more efficient and effective? Or is the future likely to involve 'paralysis by analysis'? Improving Regulation considers the challenges faced by the regulatory system as society and technology change, and our knowledge about the effects of our activities on human and planetary health becomes more sophisticated. While considering the difficulty in linking regulatory design and performance, Improving Regulation makes the case for empowering regulatory analysis. Studying applications as diverse as fire protection, air and water pollution, and genetics, its contributors examine the strategies of different stakeholders in today's complex policymaking environment. With a focus on the behavior of institutions and people, they consider the impact that organizational politics, science, technology, and performance have on regulation. They explore the role of technology in creating and reducing uncertainty, the costs of control, the potential involvement of previously unregulated sectors, and the contentious public debates about fairness and participation in regulatory policy. Arguing that the success of many regulations depends upon their acceptance by the public, Fischbeck, Farrow, and their contributors offer extensive, inductive evidence on the art of regulatory analysis. The resulting book provides 'real world' examples of regulation, and a demonstration of how to synthesize analytical skills with a knowledge of physical and social processes.
Author: Lawrence Susskind
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 276
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Book Description
Prepared for the United States Environmental Protection Agency.
Author: World Health Organization
Publisher: World Health Organization
ISBN: 9241580410
Category : Medical
Languages : en
Pages : 82
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Book Description
In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.
Author: Dennis Campbell
Publisher: Wiley
ISBN: 9780471952299
Category : Law
Languages : en
Pages : 326
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Book Description
The quality of water, air and soil continues to decline. Poverty, population growth and unregulated industry combine to create pollution on an unprecedented scale. Yet despite overwhelming support for the Rio Declaration in 1992, international response to the crisis in the environment has been piecemeal and uneven. The developing canon of international environmental law is of vital importance to lawyers, decision-makers and environmental advocates. Practical lessons can be drawn from the range of approaches being taken to such universal issues as pollution control, liability and waste management. Familiarity with international case law and judicial decision-making can support and develop legal argument. International Environmental Law and Regulations draws together expert practitioners from Argentina, Belgium, Canada, England & Wales, France, Greece, Italy, Mexico, Norway, Scotland and Singapore to provide a statement of the progress of environmental regulation in their jurisdictions. The practical analysis includes coverage of: the application of international and Community law national, regional and local regulation leading case law trends in judicial decision-making civil and criminal liability As a source of instructive information and ideas, the book will be of value to specialists in environmental law, in-house lawyers in industry, environmental advocates and academic lawyers.
Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108493491
Category : Law
Languages : en
Pages : 369
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Book Description
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
Author: Trish Kelly
Publisher: Edward Elgar Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 240
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Book Description
Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.
