international courts and environmental protection cambridge studies in international and comparative law

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International Courts And Environmental Protection

Author : Tim Stephens
ISBN : 9780521881227
Genre : Law
File Size : 25. 62 MB
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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

International Courts And The Development Of International Law

Author : Nerina Boschiero
ISBN : 9789067048941
Genre : Law
File Size : 89. 48 MB
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Environmental Protection Of International Watercourses Under International Law

Author : Owen McIntyre
ISBN : 9781317142218
Genre : Law
File Size : 66. 95 MB
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McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.

Trade And The Environment

Author : Damien Geradin
ISBN : 0521590124
Genre : Business & Economics
File Size : 59. 23 MB
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A penetrating analysis of the relation between trade and environmental protection policies in the EC and the US.

Transboundary Damage In International Law

Author : Hanqin Xue
ISBN : 1139438107
Genre : Law
File Size : 35. 23 MB
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The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.

International Legal Materials

Author :
ISBN : UCSD:31822025396961
Genre : International law
File Size : 73. 54 MB
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International Law And The Arctic

Author : Michael Byers
ISBN : 9781107042759
Genre : Law
File Size : 51. 43 MB
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722686
Genre : English literature
File Size : 50. 57 MB
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Deference In International Courts And Tribunals

Author : Lukasz Gruszczynski
ISBN : 9780191026508
Genre : Law
File Size : 61. 56 MB
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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

The New Law Journal

Author :
ISBN : STANFORD:36105062205492
Genre : Law
File Size : 61. 36 MB
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