Research Handbook on International Environmental Law by Malgosia Fitzmaurice, David Ong, Panos Merkouris

By Malgosia Fitzmaurice, David Ong, Panos Merkouris

This wide-ranging and accomplished Handbook examines fresh advancements in foreign environmental legislation (IEL) and the crossover results of this enlargement on different components of foreign legislation, similar to exchange legislation and the legislation of the ocean.

The professional individuals provide analyses of foundational matters in IEL, similar to accountability for environmental harm, sustainable improvement and the precautionary precept, along experiences in topical topic components together with marine safety and the legislation of foreign watercourses. This Research Handbook bargains an in-depth research of IEL, either as a box of legislation in its personal correct, and as a part of the broader procedure of foreign legislation. It supplies a finished view of IEL in all its varieties and complexity.

With thorough exam of particular environmental regimes and compliance mechanisms, this guide might be an imperative source for criminal students, scholars and practitioners alike.

Contributors: R. Barnes, M. Bowman, E. Brown Weiss, A.C. Brusendorff, P. Cullet, L.A. de los angeles Fayette, N. de Sadeleer, M.A. Drumbl, O. Elias, M. Fitzmaurice, D. Freestone, D. French, P. Galizzi, A. Gillespie, J. Gomula, A. Herklotz, ok. Hulme, N. Klein, okay. Kummer Peiry, F. Lesniewska, G. Loibl, P. Merkouris, P. Okowa, D.M. Ong, H. Paulomaki, A. Perry-Kessaris, M. Pyhala, J. Razzaque, P. Schwartz, K.N. Scott, D. Shelton, G. Ulfstein

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Extra info for Research Handbook on International Environmental Law (Research Handbooks in International Law series/Elgar original reference)

Example text

In addition to regulating the specific areas within their mandates, treaties give a voice to important principles of international environmental law. Examples include: common but differentiated responsibilities,44 common concern of humankind,45 shared compact (see FCCC, 1992: Art. 48 Furthermore, treaties formally outside the field of international environmental law also affect the content of international environmental law. There has, to various degrees of success and frustration, been integration of environmental concerns in international trade instruments, international human rights instruments, and international humanitarian law instruments.

These differences deeply affect the areas on which there is substantive agreement and the overall tenor of diplomatic discussions. These differences also explain many of the compromises that have been made in the content of international environmental instruments. One of the broadest divides in international environmental law-making has little to do with the environment per se but, instead, has everything to do with economic development. This Actors and law-making in international environmental law 5 is the divide between industrialized and industrializing states.

Undoubtedly, the Actors and law-making in international environmental law 9 most influential supranational entity in matters of international environmental law is the European Union. Its administrative, diplomatic, and juridical apparatus have made it a trendsetter in matters of international environmental law-making. Another European body, the European Court of Human Rights, linked environmental protection to the right to privacy in its judgment in Lopez Ostra v. Spain, holding that ‘severe environmental pollution may affect individuals’ well-being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely […]’ (Lopez Ostra v.

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