International Environmental Law: Fairness, Effectiveness, and World Order
This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether policymaking and trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.
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Aarhus Convention activities adopted allocation amended Annex Appellate Body available online Basel Convention beneﬁts biodiversity biodiversity resources Chapter climate change coastal Commission common pool resources compensation compliance conﬂict conservation convention provides cooperation costs damage decision developing countries disposal dispute dumping economic effective emissions enclosure enforcement environment established ﬁrst ﬁsheries ﬁsheries resources ﬁshing ﬂag fund germplasm global hereinafter high seas implementation industry instruments intellectual property rights international environmental international law involved issues joint implementation jurisdiction Kyoto Protocol liability marine measures ment monitoring Montreal Protocol Nauru negotiations notiﬁcation nuclear Organization ozone Paciﬁc parties patent plant genetic resources polluter pays principle principle procedure protected areas Protocol radioactive waste regard regime regional regulation regulatory reprinted requirements river basin scientiﬁc Section signiﬁcant species speciﬁc substances supra note trade Transboundary transfers treaty tribunal TRIPs agreement UNCLOS United vessels water resources Watercourses World
Page 21 - The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b.
Page 21 - ... the general principles of law recognized by civilized nations ; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.