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International Law in the Era of Climate Change
  • Language: en
  • Pages: 401

International Law in the Era of Climate Change

  • Categories: Law

'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climat...

Environmental Rights in Europe and Beyond
  • Language: en
  • Pages: 313

Environmental Rights in Europe and Beyond

  • Categories: Law

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

Non-Flag State Enforcement in High Seas Fisheries
  • Language: en
  • Pages: 462

Non-Flag State Enforcement in High Seas Fisheries

  • Categories: Law

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.

Research Handbook on International Marine Environmental Law
  • Language: en
  • Pages: 493

Research Handbook on International Marine Environmental Law

  • Categories: Law

This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.

Trans-jurisdictional Water Law and Governance
  • Language: en
  • Pages: 345

Trans-jurisdictional Water Law and Governance

  • Categories: Law
  • Type: Book
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  • Published: 2016-06-23
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  • Publisher: Routledge

Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies ...

Risk and the Regulation of Uncertainty in International Law
  • Language: en
  • Pages: 305

Risk and the Regulation of Uncertainty in International Law

  • Categories: Law

International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.

Human Rights and Environmental Protection
  • Language: en
  • Pages: 181

Human Rights and Environmental Protection

  • Categories: Law

This book explores the complex relationship between human rights and environmental protection. It analyzes the concept of environmental procedural rights from a comparative perspective in the European Union, India, and China. Arguing the need to apply a holistic approach which acknowledges the interlinkages between democracy, environmental protection, and climate change, it examines both theoretical and practical dimensions of the topic, with case studies drawn from empirical research. The work highlights the important role of environmental procedural rights at the intersection of environmental law and human rights, emphasizing the need for effective channels of communication between citizen...

The Ecosystem Approach in Ocean Planning and Governance
  • Language: en

The Ecosystem Approach in Ocean Planning and Governance

  • Type: Book
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  • Published: 2019
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  • Publisher: Unknown

Applying much needed legal and social sciences perspectives, the book provides in depth analyses of lessons learned and remaining challenges associated with making the Ecosystem Approach fully relevant and operational in various fields of marine governance.

The Moral Standing of the State in International Politics
  • Language: en
  • Pages: 194

The Moral Standing of the State in International Politics

Kant’s moral and political philosophy has been important in developing ethical thinking in international relations. This study argues that his theory of the state is crucially important for understanding the moral agency of the state as it is discussed in contemporary debates. For Kant, it is argued that the state has not only duties but also, controversially, inalienable rights that ground its relationship to its citizens and to other states. Most importantly, the state – regardless of its governmental form or factual behaviour – has a right to exist as a state. The Kantian account provided, therefore, explores not only the moral agency but also the moral standing of the state, examining the status of different kinds of states in world politics and expectations towards their ethical behaviour. Every state has a moral standing that must be respected in a morally imperfect world gradually transforming towards the ideal condition of perpetual peace.

Statehood under Water
  • Language: en
  • Pages: 338

Statehood under Water

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-11
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  • Publisher: BRILL

In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios. This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.