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  • Environmental & Energy Law x

Series:

Maria A. Gwynn

In Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states’ practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.

Law in West German Democracy

Seventy Years of History as Seen Through German Courts

Series:

Hugh Ridley

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

Series:

Nico J. Schrijver

Also available as an e-book

In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable
development as follows: “development that meets the needs of the present generation without compromising the ability of future generations
to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries).
The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.

The Human Right to Water in Latin America

Challenges to Implementation and Contribution to the Concept

Series:

Anna Berti Suman

In The Human Right to Water in Latin America, Anna Berti Suman investigates the development of the right to water and of water law in the Latin American context. By examining the significance of Latin American constitutional evolution, doctrine, and jurisprudence, the author illustrates the Latin American contribution in stimulating the social, political, and economic debate on the right to water, regionally and worldwide.

Through an overview on the right to water in Latin American constitutions and of the main Latin American water management systems, Berti Suman argues that an analysis of the right to water has to take account of its application in specific contexts. The intrinsic connection between the right to water and the role of the private sector is examined through topical insights into the highly privatized Chilean water services. In the conclusion, the relevance of the lessons learnt from the Latin American experience for the global debate on the right to water is convincingly proved.

Meredith T. Mariani

The Intersection of International Law, Agricultural Biotechnology, and Infectious Disease is an indispensable resource for practitioners and scholars interested in public health, food safety, or biotechnology. It provides a comprehensive overview of the science behind, and the general environmental frameworks addressing, GMOs. The book examines legal frameworks and perspectives for infectious disease and GMOs, as well as public health legislation, international trade legislation, and regulatory regimes. Finally, it provides critiques and proposals, arguing for a more connective approach for future regulation.

Freshwater Access from a Human Rights Perspective

A Challenge to International Water and Human Rights Law

Series:

Knut Bourquain

Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.

Human Rights and the Environment

Philosophical, Theoretical and Legal Perspectives

Series:

Linda Hajjar Leib

This book explores the philosophical, theoretical and legal bases that underpin the linkage between human rights and the environment. Such linkage, grounded in reality, is an innovative way of addressing environmental issues through the lens of a well-established international human rights system. The book argues that a new set of environmental rights is gradually forging its way into international law and suggests a re-configuration of the human rights system in the context of sustainable development and the notion of solidarity rights. In doing so, two sets of concepts are considered: first, the possibility of a rapprochement between environmental ethics and the human rights doctrine and, second, the theoretical and practical links among the concepts of development, democracy, environment and sustainable development.

Series:

Bharat H. Desai

International Environmental Governance: Towards UNEPO offers a significant contribution to practitioners and scholars involved in international debates regarding environmental governance. Clarifying the insufficiency of the 1972 UN General Assembly’s model of a small UN Environment Programme in helping nations stem the accumulating degradation of the environment across the globe, the work poses the remaining question: how should international environmental governance be accomplished? The volume is timely in its examination of the post-Rio+20 period, and furthermore addresses the vital issue of the evolution of UNEP into a ‘specialized agency’ designated the UN Environment Protection Organization (UNEPO), a ‘new mandate’ to revive the UN Trusteeship Council to supervise environment and the commons, as well as law-making and institution-building processes as reflected in multilateral environmental agreements (MEAs) and other multilateral forms.

International Environmental Governance: Towards UNEPO addresses the law-making challenge presented by growth in MEAs and proliferation of international environmental institutions, with a thorough consideration of the debate regarding the need for and efficacy of global governance in the field of environment. Dr. Desai’s timely analysis will assist diplomats, lawyers and scholars, citizens and civil servants alike in finding the new roads forward.