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Author: Tim Stephens
Publisher: Cambridge University Press
ISBN: 0521881226
Category : Law
Languages : en
Pages : 459
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Book Description
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Author: Tim Stephens
Publisher: Cambridge University Press
ISBN: 0521881226
Category : Law
Languages : en
Pages : 459
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Book Description
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Author: Giovanni Sciaccaluga
Publisher: Springer Nature
ISBN: 3030524027
Category : Law
Languages : en
Pages : 230
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Book Description
This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.
Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521521062
Category : Law
Languages : en
Pages : 1252
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Book Description
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Category : Political Science
Languages : en
Pages : 1025
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Book Description
With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.
Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104
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Book Description
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.
Author: James Harrison
Publisher: Oxford University Press
ISBN: 0198707320
Category : Law
Languages : en
Pages : 353
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Book Description
The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.
Author: Stefan Theil
Publisher: Cambridge University Press
ISBN: 1108835147
Category : Law
Languages : en
Pages : 345
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Book Description
A practical human rights approach strengthens environmental protection without requiring radical departures from established protection regimes and legal principles.
Author: Erik V Koppe
Publisher: Bloomsbury Publishing
ISBN: 1847314228
Category : Law
Languages : en
Pages : 458
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Book Description
In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.
Author: Ingrid Boas
Publisher: Routledge
ISBN: 1317608453
Category : Political Science
Languages : en
Pages : 211
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Book Description
Climate migration, as an image of people moving due to sea-level rise and increased drought, has been presented as one of the main security risks of global warming. The rationale is that climate change will cause mass movements of climate refugees, causing tensions and even violent conflict. Through the lens of climate change politics and securitisation theory, Ingrid Boas examines how and why climate migration has been presented in terms of security and reviews the political consequences of such framing exercises. This study is done through a macro-micro analysis and concentrates on the period of the early 2000s until the end of September 2014. The macro-level analysis provides an overview of the coalitions of states that favour or oppose security framings on climate migration. It shows how European states and the Small Island States have been key actors to present climate migration as a matter of security, while the emerging developing countries have actively opposed such a framing. The book argues that much of the division between these states alliances can be traced back to climate change politics. As a next step, the book delves into UK-India interactions to provide an in-depth analysis of these security framings and their connection with climate change politics. This micro-level analysis demonstrates how the UK has strategically used security framings on climate migration to persuade India to commit to binding targets to reduce their greenhouse gas emissions. The book examines how and why such a strategy has emerged, and most importantly, to what extent it has been successful. Climate Migration and Security is the first book of its kind to examine the strategic usage of security arguments on climate migration as a political tool in climate change politics. Original theoretical, empirical, and policy-related insights will provide students, scholars, and policy makers with the necessary tools to review the effectiveness of these framing strategies for the purpose of climate change diplomacy and delve into the wider implications of these framing strategies for the governance of climate change.
Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
ISBN: 1108539971
Category : Law
Languages : en
Pages : 597
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Book Description
International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
