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| Foreword | |
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| Acknowledgements | |
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| List of tables | |
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| List of figures | |
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| List of abbreviations | |
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| Table of cases | |
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| Table of treaties and other international instruments | |
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| Introduction | |
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| Development of international environmental law | |
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| International environmental governance through courts and tribunals | |
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| Role and relevance of international courts | |
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| Judicial development of international environmental law | |
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| Future challenges for international environmental litigation | |
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| International courts and environmental governance | |
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| The patchwork of jurisdictions | |
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| Adjudicating international environmental cases | |
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| The expanding jurisdictional patchwork | |
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| The proliferation of international adjudicative bodies | |
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| Ad hoc and institutional arbitration | |
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| ICJ | |
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| ITLOS and part XV of the LOS Convention | |
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| WTO | |
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| Court of Justice of the European Communities | |
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| Human rights courts and other bodies | |
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| International Criminal Court (ICC) | |
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| Adding a new patch: an International Court for the Environment? | |
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| ICE project | |
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| Critique of the ICE project | |
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| Conclusion | |
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| Institutions of international environmental governance | |
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| Traditional approaches to compliance control | |
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| State responsibility | |
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| Breach of treaty | |
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| Inter-state dispute settlement | |
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| New approaches to compliance control | |
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| Domestic courts | |
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| Compliance procedures | |
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| Conclusion | |
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| International courts and environmental governance | |
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| International courts and environmental governance | |
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| Adjudication as a method of dispute settlement | |
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| Challenges of multiparty litigation | |
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| Polycentricity of environmental disputes | |
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| Adjudication as a method of compliance control | |
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| Managerialist critique | |
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| New institutionalist perspectives | |
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| Conclusion | |
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| Judicial development | |
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| Transboundary environmental damage | |
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| Jurisprudence | |
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| Origins | |
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| Trail Smelter case | |
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| Nuclear Tests litigation | |
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| Transboundary harm and international watercourses | |
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| Impact of the case law | |
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| Principle 21 of the Stockholm Declaration | |
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| Treaty transformation | |
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| Work of the ILC | |
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| Conclusion | |
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| Freshwater resources and ecosystems | |
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| Jurisprudence | |
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| Lake Lanoux case | |
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| River Oder case | |
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| Gabcikovo-Nagymaros Project case | |
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| Pulp Mills case | |
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| Impact of the case law | |
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| Conclusion | |
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| Marine wildlife and ecosytems | |
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| Marine wildlife and ecosystems | |
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| Limits of coastal state jurisdiction | |
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| Disputes under the LOS Convention | |
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| Pollution or alternation of marine environments | |
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| French nuclear testing in the Pacific | |
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| MOX Plant dispute | |
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| Straits of Johor case | |
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| Conclusion | |
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| Contemporary challenges | |
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| Public interest proceedings | |
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| Public participation in international environmental law | |
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| Domestic environmental governance | |
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| International environmental governance | |
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| Public participation in international environmental litigation | |
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| Civil society in international environmental litigation | |
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| Existing opportunities for public interest proceedings | |
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| Reconceptualising international public interest litigation | |
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| Conclusion | |
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| Jurisdictional coordination | |
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| Gaps and overlaps | |
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| Jurisdictional competition | |
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| Typology of competition | |
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| Resultant difficulties | |
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| Forum shopping | |
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| Simultaneous proceedings | |
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| Successive proceedings | |
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| Jurisdictional coordination | |
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| Applying jurisdiction-regulating rules | |
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| Conclusion | |
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| Fragmentation of international environmental law | |
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| Fragmentation of international law | |
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| International courts and fragmentation | |
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| Institutional imbalances | |
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| International environmental law in specialised courts and tribunals | |
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| Human rights bodies | |
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| WTO | |
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| Trade law and environmental protection | |
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| Environmental jurisprudence | |
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| Cases concerning GATT environmental exemptions | |
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| Tuna-Dolphin cases | |
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| Shrimp-Turtle cases | |
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| Sanitary and phytosanitary measures | |
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| Evaluation | |
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| Conclusion | |
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| The future of international environmental litigation | |
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| The flourishing of international environmental litigation | |
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| Judicial development of international environmental law | |
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| Origins and development | |
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| New fields for judicial development | |
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| Assessment | |
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| International courts and international environmental governance | |
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| General adjudicative machinery | |
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| Distinctive approach of international environmental law | |
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| Conclusion | |
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| Bibliography | |
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| Index | |