Transboundary Damage in International Law

Transboundary Damage in International Law
Author: Hanqin Xue
Publisher: Cambridge University Press
Total Pages: 400
Release: 2003-03-13
Genre: Law
ISBN: 1139438107

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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.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Liability for Transboundary Pollution at the Intersection of Public and Private International Law
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
Total Pages: 312
Release: 2022-02-24
Genre: Law
ISBN: 1509951172

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This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Transboundary Harm in International Law

Transboundary Harm in International Law
Author: Rebecca M. Bratspies
Publisher: Cambridge University Press
Total Pages: 6
Release: 2006-08-14
Genre: Law
ISBN: 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 Practice of Shared Responsibility in International Law

The Practice of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 1229
Release: 2017-02-02
Genre: Law
ISBN: 1107107091

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This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Compensation for Environmental Damages Under International Law

Compensation for Environmental Damages Under International Law
Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2011-01-01
Genre: Law
ISBN: 9041134379

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At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.

Sharing Transboundary Resources

Sharing Transboundary Resources
Author: Eyal Benvenisti
Publisher: Cambridge University Press
Total Pages: 308
Release: 2002-04-04
Genre: Law
ISBN: 9780521640985

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Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.

Climate Change Damage and International Law

Climate Change Damage and International Law
Author: Roda Verheyen
Publisher: BRILL
Total Pages: 418
Release: 2005-11-01
Genre: Law
ISBN: 9047427408

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This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage

Transboundary Environmental Interference and the Origin of State Liability

Transboundary Environmental Interference and the Origin of State Liability
Author: R. Lefeber
Publisher: Martinus Nijhoff Publishers
Total Pages: 384
Release: 1996-06-03
Genre: Law
ISBN: 9789041102751

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On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.