International Environmental Law Fairness, Effectiveness, and World Order

ISBN-10: 0521687594
ISBN-13: 9780521687591
Edition: 2006
Authors: Elli Louka
List price: $67.00 Buy it from $3.00
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Description: 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  More...

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Book details

List price: $67.00
Copyright year: 2006
Publisher: Cambridge University Press
Publication date: 10/23/2006
Binding: Paperback
Pages: 536
Size: 7.00" wide x 10.00" long x 1.00" tall
Weight: 2.046
Language: English

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 the current policymaking and future 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.

Elli Louka is the founder of Alphabetics Development & Investment (ADI), a company devoted to environment and development. She was a senior fellow at the Orville H. Schell Center for International Human Rights at Yale Law School, where she published the Transnational Management of Hazardous and Radioactive Wastes and a Ford Foundation Fellow at New York University School of Law. Dr Louka is currently the recipient of the Marie Curie Fellowship provided by the European Commission of the European Union.

Foreword
Abbreviations
Introduction
Introduction to International Environmental Law
The World Community and International Law
International Law
States
Sovereignty
Wealth
Cooperation
International Organizations
Nongovernmental Actors
International Lawmaking Process
Treaties
Custom
Principles of Law
Other Sources
Content
Perspectives
Developed Countries
Developing Countries
Historical Evolution
Stockholm
Rio
Johannesburg
From Stockholm to Johannesburg
Case Law
Globalization and International Law
Principles
Sovereignty over Natural Resources
Obligation Not to Cause Damage
Principles of Preventive Action and Precaution
Polluter Pays Principle and Equitable Sharing of Cost
Sustainable Development
Equitable Utilization
Common but Differentiated Responsibilities
Human Rights
Settlement of Disputes
Monitoring and Enforcement
Foundations of International Environmental Law
Functions of Law
Foundations
Minimum Order
Equity
Effectiveness as Equity
Cost-Effectiveness
Regulation of Natural Resources
Enclosure of National Commons
Enclosure of Global Commons
Fisheries
Deep Sea-Bed Resources
Germplasm and Related Knowledge
Freshwater Resources
Air
Seas
Waste Management
National Biodiversity Resources
Enclosure of Global Commons and Global Welfare
International Instruments
Conclusion
Compliance and Governance Mechanisms
Environmental and Strategic Impact Assessment
State Obligations
Exchange of Information
Notification
Consultation
Reporting/Monitoring
Verification and Compliance
Right to Information and Participation and Access to Justice
International Instruments
Application of Right to Information
Conclusion
Marine Environment
State of Marine Environment
Integrated Coastal Zone Management
Evolution of International Instruments
Law of the Sea Convention
Pollution from Dumping
Regional Management
Pollution from Ships
Emergency Situations
Safety Regulations
Selected Regional Instruments
Protection of the Northeast Atlantic
Protection of the Baltic Sea
UNEP Regional Seas Program
Conclusion
Water Resources
State of Water Resources
Issues in Water Management
Allocation and Equity
Substantive Equity
Procedural Equity and Institutional Development
Principled Equitable Utilization or Ad Hoc Regionalism?
Efficiency and Quality
Integrated Water Resources Management
National
International
Case Law
International Instruments
Regional Instruments
Africa
Asia
Middle East
Europe
Suprabasin Instruments
Basin-Specific Instruments
American Region
United States-Canada
United States-Mexico
Conclusion
Fisheries Resources
State of World Fisheries
National Management of Fisheries Resources
Regulation
Privatization
International Management of Fisheries Resources
Law of the Sea Convention
Case Law
International Instruments
Agreement on Fisheries Management
FAO Code of Conduct for Responsible Fisheries
Regional Agreements
Case Studies
South East Atlantic Fisheries Organization (SEAFO)
South Pacific Forum Fisheries Agency (SPFFA) and Western and Central Pacific Commission (WCPC)
North East Atlantic Fisheries Commission (NEAFC)
Northwest Atlantic Fisheries Organization (NAFO)
International Commission for the Conservation of Atlantic Tuna (ICCAT)
General Fisheries Commission of the Mediterranean (GFCM)
Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)
Conclusion
Biodiversity
Biodiversity Management
State of Biodiversity Resources
National and Transnational Protected Areas
Gene Banks
International Instruments
Biodiversity Convention
Biodiversity Protection
Resource Allocation
Market Value of Biodiversity
Bilateral Redistribution
Transnational Redistribution
Institutionalized Redistribution
Trade and Biodiversity
Protection of Habitats
World Heritage Sites
Forests
Wetlands
Regional Instruments
Europe
Africa
South East Asia
Antarctica
Other Regional Instruments
Protection of Species
Protection of Migratory Species
Protection of Whales
Protection of Seals
Other Agreements
Conclusion
Air Pollution
Ozone Depletion
Negotiating Process
Legislative Instruments
Protection of Ozone Layer
Regulation of Ozone-Depleting Substances
Conclusion
Climate Change
Negotiating Process
Legislative Instruments
Convention on Climate Change
Regulation of Greenhouse Gases
Market-Based Regulation of Greenhouse Gases
Conclusion
Transfrontier Air Pollution
Legislative Instruments
Convention on Transboundary Air Pollution
Regulation of Air Pollutants
Conclusion
Trade and Environment
World Trade Institutions
The Treaties
Dispute Settlement
General Agreement on Tariffs and Trade
Sanitary and Phytosanitary Measures
Intellectual Property Rights and Trade
Intellectual Property Rights Institutions and Trade
Intellectual Property Rights and Pharmaceuticals
Intellectual Property Rights and Genetic Resources
Letter of TRIPs
State Practice
Seed Wars
TRIPs and Traditional Knowledge
TRIPs and Farmers' Rights
Conclusion
Hazardous and Radioactive Wastes
State of International Waste Trade
State of Waste Management
Landfill/Geologic Disposal
Marine Disposal
Treatment
Incineration
Recycling and Reprocessing
International Instruments
Hazardous Wastes
Radioactive Wastes
National Regulatory Dilemmas
The United States
Management of Hazardous Wastes
Management of Radioactive Wastes
Management of Waste Trade
European Union
Management of Hazardous Wastes
Management of Radioactive Wastes
Management of Waste Trade
Conclusion
Liability and State Responsibility
Oil Pollution
Hazardous Materials Trade
CRTD Convention
HNS Convention
Liability for Waste Trade
Nuclear Energy
Liability for Damage to the Environment
State Responsibility
International Liability
Conclusion
International Treaties and Other Instruments
List of Cases
Index

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