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This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in
This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). N...
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution o...
One of the most challenging environmental threats to the ten countries of the Association of Southeast Asian Nations (ASEAN) has been the haze, the sickening and deadly cloud of smoky pollution caused by widespread burning of land and forests in Indonesia. This book examines both the threat and response to it by analysing environmental cooperation in Southeast Asia from an international regime perspective. Tracing the development of regional cooperation on the haze and evaluating the effectiveness of the cooperation, the author argues that the haze crisis, combined with the economic crisis of 1997, has profoundly challenged the ASEAN modus operandi, and resulted in ASEAN’s efforts to establish an environmental regime to cope with environmental challenges. The emerging ASEAN haze regime is a unique case study of a regional environmental institution in multi-levelled global environmental governance. Based on in-depth original research, this case study is integrated into international relations, political science, and comparative political analysis literatures and contributes to a better understanding of processes within the regional organisation.
Anthropogenic emissions of ammonia cause a host of environmental impacts, including loss of biodiversity, soil acidification and formation of particulate matter in the atmosphere. Under the auspices of the UNECE Convention on Long Range Transboundary Air Pollution, around 80 international experts met to review the state of scientific knowledge. This book reports their analysis. It concludes that threshold levels for ammonia effects have been underestimated and sets new values, it assesses the independent evidence to verify reported reductions in regional ammonia emissions, and it reviews the uncertainties in modelling ammonia, both in "hot spots" and at the regional scale.
Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes ...
The third edition of this well-received textbook delivers a concise overview of global and individual environmental pollution for undergraduate courses, presenting students with the tools to assess environmental issues. With more than thirty percent new material, Hill assesses pollution from an international perspective, including air and water pollution, global warming, energy, solid and hazardous waste, and pollution at home. Both the sources and impacts of pollution are addressed, as well as governmental, corporate, and personal responsibility for pollution, and pollution prevention is emphasized throughout. Non-technical language encourages greater understanding of these often complex issues, and thought-provoking 'Delving Deeper' exercises are included, increasing engagement with the text and enabling students to apply what they have learned. A new chapter on the chemistry basics of pollution links to sections on toxicology and risk assessment, helping students understand concerns over chemicals and their regulation. An essential review of environmental pollution for environmental science students.
Analyzes how combinations of instruments at different levels of government, or smart mixes, can effectively regulate transboundary environmental harm.