| |
| |
| 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 | |