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Series:

Edith Brown Weiss, Daniel Barstow Magraw, Alexandre Kiss and Dinah Shelton

The important new 1999 Supplement to this widely-used sourcebook contains the text of 48 major treaties and other legal instruments completed between 1991 and 1998. These instruments represent the important developments in international environmental law since the 1992 UN Conference on Environment and Development. For each instrument the Supplement provides an editor's note presenting background and context for the instrument, as well as information on all annexes that are not reproduced, current status, depositary, official languages, complete reference information including parallel citations, a list of parties, popular names, and literature on each agreement.

Marine Conservation Agreements

The Law and Policy of Reservations and Vetoes

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Howard Schiffman

The decline of many living marine resources requires us to carefully examine the existing framework for ocean governance. The ability of states to opt out of, or even veto, measures adopted by marine conservation and management organizations is often discussed as a factor contributing to the present decline. This book examines the extent to which objection procedures, specific reservation provisions and vetoes (termed collectively as “exemptive provisions”) have been utilized in the history of key marine conservation and management regimes and the impact they have had. Drawing upon classic treaty law, the law of reservations in particular, the law of the sea and the developing field of international environmental law, this book explores the evolving legal landscape that informs, and potentially limits, the use of exemptive provisions in marine conservation and management regimes.

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Sumudu Atapattu

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction.

While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies.

The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues.

Published under the Transnational Publishers imprint.

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.

War and the Environment

New Approaches to Protecting the Environment in Relation to Armed Conflict

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Edited by Rosemay Rayfuse

The chapters in this volume have their origins in papers presented at a Workshop held at Lund University in Sweden. The Workshop gathered together experts from Europe, the United States and Australia, including leading academics as well as representatives from the ICRC, the Swedish, Norwegian and Danish Red Cross Societies and the Swedish and Norwegian governments, to examine the relevance and adequacy of the existing regime for environmental protection during armed conflict as well as the ability of other international legal mechanisms to contribute to the amelioration of damage to the environment arising as a result of or in relation to armed conflict. The book, like the Workshop, takes as its starting point the existing IHL regime for the protection of the environment during armed conflict and goes on to explore the application of other legal regimes that may be relevant to protection of the environment both during armed conflict and, as in the broader context envisaged by the ILC, in relation to armed conflict. As this thought-provoking volume demonstrates, a vast range of issues, actors and legal regimes must now be considered and some pro-active and imaginative research and thinking brought to bear in any consideration of this ever-important topic. Some papers appeared previously in a special issue of the Nordic Journal of International Law.

The Environmental Element in Space Law

Assessing the Present and Charting the Future

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Lotta Viikari

While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development

Series:

Tony George Puthucherril

Ship recycling conserves resources, employs an unskilled workforce, and removes outdated tonnage. Operating mainly on the Indian subcontinent, this ‘primitive’ industry often results in loss of human life and pollution of the marine environment. Despite moral indignation, the international community has struggled to manage this industry and only recently completed the IMO International Convention for the Safe and Environmentally Sound Recycling of Ships. Using the Indian experience on shipbreaking as a case study, this book assesses the strengths and weaknesses of the Convention. The author argues that the Convention may not succeed because it fails to strike a balance between environmental protection, human rights, and commercial realities. The book offers recommendations for a holistic and integrated approach to a sustainable ship recycling industry.

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Edited by Attila Tanzi, Owen McIntyre, Alexandros Kolliopoulos, Alistair Rieu-Clarke and Rémy Kinna

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms.

Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.

The Oceans in the Nuclear Age

Legacies and Risks: Expanded Edition

Edited by David D. Caron and Harry N. Scheiber

The advent of the nuclear age in 1945 fundamentally altered the course of human events. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into the history of that age. Knowledge of what the nuclear age has meant for the oceans, however, is highly fragmented and there exists a surprising gap in research on the impact of the nuclear age on the oceans and on ocean law and policy. Ranging from dumped wastes to transportation to security, this study frames the complex multidimensional set of relationships between the oceans and the nuclear age and illuminates patterns of impact and response in ocean law. This timely expanded edition includes a new chapter by Lt. Todd Hutchins, USN, on “Nuclear Risks in Coastal Areas: Legal and Regulatory Responses.” It provides a full discussion of the 2011 coastal Fukushima Nuclear Power Plant disaster, together with analysis more generally of the challenges to the environment and to the legal order globally that are posed by coastal siting of nuclear power plants.