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Cross-border Water Trade: Legal and Interdisciplinary Perspectives
  • Language: en
  • Pages: 402

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

  • Categories: Law
  • Type: Book
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  • Published: 2018-11-13
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  • Publisher: BRILL

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Law and Development
  • Language: en
  • Pages: 255

Law and Development

This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.

Justice and Unjusticiability
  • Language: en
  • Pages: 168

Justice and Unjusticiability

The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.

The Disputed Białowieża Forest
  • Language: en
  • Pages: 264

The Disputed Białowieża Forest

  • Categories: Law
  • Type: Book
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  • Published: 2022-06-27
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  • Publisher: BRILL

The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.

A Research Agenda for Water Law
  • Language: en
  • Pages: 293

A Research Agenda for Water Law

  • Categories: Law

This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation.

Rethinking Investment Law
  • Language: en
  • Pages: 273

Rethinking Investment Law

There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...

Chasing Icebergs
  • Language: en
  • Pages: 175

Chasing Icebergs

A deeply intelligent and engrossing narrative that will transform our relationship with water and how we view climate change. The global water crisis is upon us. 1 in 3 people do not have access to safe drinking water; nearly 1 million people die each year as a result. Even in places with adequate freshwater, pollution and poor infrastructure have left residents without basic water security. Luckily, there is a solution to this crisis where we least expect it. Icebergs—frozen mountains of freshwater—are more than a symbol of climate change. In his spellbinding Chasing Icebergs, Matthew Birkhold argues the glistening leviathans of the ocean may very well hold the key to saving the planet....

The War in Ukraine and International Law
  • Language: en
  • Pages: 251

The War in Ukraine and International Law

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Implementation of the United Nations Convention on the Law of the Sea
  • Language: en
  • Pages: 259

Implementation of the United Nations Convention on the Law of the Sea

  • Categories: Law

This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

Routledge Handbook of Private Law and Sustainability
  • Language: en
  • Pages: 693

Routledge Handbook of Private Law and Sustainability

  • Categories: Law

The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for priv...