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Global Regulatory Standards in Environmental and Health Disputes
  • Language: en
  • Pages: 417

Global Regulatory Standards in Environmental and Health Disputes

  • Categories: Law

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resul...

Science and the Precautionary Principle in International Courts and Tribunals
  • Language: en

Science and the Precautionary Principle in International Courts and Tribunals

  • Categories: Law

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 contextualizing developments in the taking of expert evidence and analyzing 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 judgments and awards.

Science and the Precautionary Principle in International Courts and Tribunals
  • Language: en
  • Pages: 401

Science and the Precautionary Principle in International Courts and Tribunals

  • Categories: Law

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 Horticulturist and Journal of Rural Art and Rural Taste
  • Language: en
  • Pages: 652

The Horticulturist and Journal of Rural Art and Rural Taste

  • Type: Book
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  • Published: 1853
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  • Publisher: Unknown

None

Trade and Environmental Law
  • Language: en
  • Pages: 875

Trade and Environmental Law

  • Categories: Law

This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.

Whaling in the Antarctic
  • Language: en
  • Pages: 433

Whaling in the Antarctic

  • Categories: Law
  • Type: Book
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  • Published: 2016-05-23
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  • Publisher: BRILL

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.

Deconstructing Self-Determination in International Law
  • Language: en
  • Pages: 518

Deconstructing Self-Determination in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2023-07-17
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  • Publisher: BRILL

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.

Narcissistic Mothers
  • Language: en
  • Pages: 156

Narcissistic Mothers

  • Type: Book
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  • Published: 2020-11-03
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  • Publisher: Unknown

Are you an adult child of a narcissistic mother? Do you suspect your mother has Narcissistic Personality Disorder? Caroline Foster, an experienced life coach, will lead you into a painful path of awareness, but she will also give you concrete advice on how to handle your toxic mother and change your life for the better. If you read this book: You will discover all the reasons why your childhood was so traumatic. You will learn how to handle your narcissistic mother. You will discover all of the dysfunctional beliefs and habits that you developed during your childhood. You will learn how to contrast Complex Post-Traumatic Stress Disorder symptoms. The issue of toxic mothers undeniably challen...

The Functions of International Adjudication and International Environmental Litigation
  • Language: en
  • Pages: 425

The Functions of International Adjudication and International Environmental Litigation

  • Categories: Law

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.

Self-Determination as Voice
  • Language: en
  • Pages: 361

Self-Determination as Voice

  • Categories: Law

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.