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Global Regulatory Standards in Environmental and Health Disputes
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
Science and the Precautionary Principle in International Courts and Tribunals
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.
The Functions of International Adjudication and International Environmental Litigation
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
The Law of Complex Earth and Outer Space Systems
This book offers a paradigm-shifting exploration of lawmaking for the complex interactions between Earth systems and outer space. Drawing on complex systems science, posthuman approaches, and plural ontologies, the author proposes a reimagining of law and governance for the cosmic age. Through the “cosmolegal” perspective, this study embraces the inherent uncertainties and complexities of Earth-space interactions. From Arctic methane craters to orbital debris, the book weaves together scientific insights, landscape architecture, legal theory, and doctrine to address pressing environmental challenges that span Earth and beyond. While legal scholarship has increasingly engaged with Earth S...
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Autonomy
In the first decade of the twenty-first century autonomy has become one of the major concerns of our social and political existence. The right to autonomous life is now a political, cultural and social call of both the individual and group. The present volume is a critical attempt to understand autonomy from both historical and analytical perspectives. Autonomy, in this collective reading, emerges as deeply rooted in social practices and contentious politics.
Maritime Security
This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions.
Self-Determination as Voice
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Whaling in the Antarctic
This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law. Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.
