Greening International Jurisprudence

Greening International Jurisprudence

Author: Cathrin Zengerling

Publisher: Martinus Nijhoff Publishers

Published: 2013-08-22

Total Pages: 404

ISBN-13: 9004257314

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Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.


International Judicial Practice on the Environment

International Judicial Practice on the Environment

Author: Christina Voigt

Publisher: Cambridge University Press

Published: 2019-04-18

Total Pages: 505

ISBN-13: 1108497179

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Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.


Greening International Law

Greening International Law

Author: Philippe Sands

Publisher: Routledge

Published: 2014-01-14

Total Pages: 316

ISBN-13: 113416193X

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Environmental problems do not respect international boundaries; they affect the entire globe, and dealing with them is a matter for international political negotiation, law and institutions. Greening International Law assesses the extent to which the international community has so far adapted to address environmental problems, and examines the fundamental changes needed to the structure and organisation of the legal system and its institutions. The contributors to this volume have all played a central role in the development of international environmental law over the past decade, and their essays will be of interest to all those professionally, academically or individually concerned with the resolution of environmental problems.


Procedure and Substance in International Environmental Law

Procedure and Substance in International Environmental Law

Author: Jutta Brunnée

Publisher: BRILL

Published: 2021-02-22

Total Pages: 240

ISBN-13: 9004444386

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The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.


Environmental Justice in India

Environmental Justice in India

Author: Gitanjali Nain Gill

Publisher: Taylor & Francis

Published: 2016-11-10

Total Pages: 265

ISBN-13: 1317415612

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Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.


The Greening of Antarctica

The Greening of Antarctica

Author: Alessandro Antonello

Publisher: Oxford University Press

Published: 2019-05-03

Total Pages: 265

ISBN-13: 0190907193

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In The Greening of Antarctica Alessandro Antonello investigates the development of an international regime of environmental protection and management between the signing of the Antarctic Treaty in 1959 and the signing of the Convention on the Conservation of Antarctic Marine Living Resources in 1980. In those two decades, the Antarctic Treaty parties and an international community of scientists reimagined what many considered a cold, sterile, and abiotic wilderness as a fragile and extensive regional ecosystem. Antonello investigates this change by analyzing the negotiations and developments surrounding four environmental agreements: the Agreed Measures for the Conservation of Antarctic Fauna and Flora in 1964; the Convention for the Conservation of Antarctic Seals in 1972; a voluntary restraint resolution on Antarctic mining in 1977; and the Convention on the Conservation of Antarctic Marine Living Resources in 1980. Though distant from world populations, Antarctica has long been a site of inter-state contest for geopolitical power and standing. This book reveals how a range of contests, geopolitical, epistemic and imaginative, created the environmental protection regime of the Antarctic Treaty System, and discusses the tension between states' individual searches for power and the collective desire for stability in the region. In this international and diplomatic context, the actors were not only trying to keep relations between themselves orderly, but they were also using treaties to order the human relationship with the environment. Drawing on a wide range of international archives, many newly-opened, The Greening of Antarctica offers the first detailed narrative of a crucial period in Antarctic history and reveals the contours of global environmental thought and diplomacy in the transformative Age of Ecology.


International Climate Change Law

International Climate Change Law

Author: Daniel Bodansky

Publisher: Oxford University Press

Published: 2017

Total Pages: 417

ISBN-13: 0199664293

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A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.


International Environmental Law

International Environmental Law

Author: Pierre-Marie Dupuy

Publisher: Cambridge University Press

Published: 2018-06-07

Total Pages: 597

ISBN-13: 1108423604

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A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.


Transboundary Harm in International Law

Transboundary Harm in International Law

Author: Rebecca M. Bratspies

Publisher: Cambridge University Press

Published: 2006-08-14

Total Pages: 6

ISBN-13: 1139458434

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This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.


The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law

Author: Lavanya Rajamani

Publisher: Oxford University Press

Published: 2021-08-06

Total Pages: 1104

ISBN-13: 0192589032

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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.