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International Courts and Environmental Protection

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ISBN-10: 0521881226

ISBN-13: 9780521881227

Edition: 2009

Authors: Tim Stephens

List price: $149.00
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Description:

International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of…    
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Book details

List price: $149.00
Copyright year: 2009
Publisher: Cambridge University Press
Publication date: 2/12/2009
Binding: Hardcover
Pages: 458
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.892
Language: English

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