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Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitrary awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation.
With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
About the Author
Tim Stephens is a Lecturer at the Faculty of Law, University of Sydney. He specialises in international environmental law, dispute settlement and the law of the sea. He holds a PhD in Law from the University of Sydney, and an MPhil in Geography from the University of Cambridge.
Industry Reviews
Foreword | p. xiii |
Acknowledgements | p. xvi |
List of tables | p. xviii |
List of figures | p. xix |
List of abbreviations | p. xx |
Table of cases | p. xxvii |
Table of treaties and other international instruments | p. xxxiii |
Introduction | p. 1 |
Development of international environmental law | p. 2 |
International environmental governance through courts and tribunals | p. 7 |
Role and relevance of international courts | p. 10 |
Judicial development of international environmental law | p. 12 |
Future challenges for international environmental litigation | p. 16 |
International courts and environmental governance | p. 19 |
The patchwork of jurisdictions | p. 21 |
Adjudicating international environmental cases | p. 21 |
The expanding jurisdictional patchwork | p. 21 |
The proliferation of international adjudicative bodies | p. 27 |
Ad hoc and institutional arbitration | p. 28 |
ICJ | p. 36 |
ITLOS and part XV of the LOS Convention | p. 40 |
WTO | p. 47 |
Court of Justice of the European Communities | p. 51 |
Human rights courts and other bodies | p. 53 |
International Criminal Court (ICC) | p. 54 |
Adding a new patch: an International Court for the Environment? | p. 56 |
ICE project | p. 58 |
Critique of the ICE project | p. 59 |
Conclusion | p. 61 |
Institutions of international environmental governance | p. 63 |
Traditional approaches to compliance control | p. 65 |
State responsibility | p. 65 |
Breach of treaty | p. 70 |
Inter-state dispute settlement | p. 71 |
New approaches to compliance control | p. 78 |
Domestic courts | p. 78 |
Compliance procedures | p. 81 |
Conclusion | p. 89 |
International courts and environmental governance | p. 91 |
International courts and environmental governance | p. 92 |
Adjudication as a method of dispute settlement | p. 93 |
Challenges of multiparty litigation | p. 93 |
Polycentricity of environmental disputes | p. 95 |
Adjudication as a method of compliance control | p. 102 |
Managerialist critique | p. 103 |
New institutionalist perspectives | p. 105 |
Conclusion | p. 115 |
Judicial development | p. 119 |
Transboundary environmental damage | p. 121 |
Jurisprudence | p. 122 |
Origins | p. 122 |
Trail Smelter case | p. 123 |
Nuclear Tests litigation | p. 137 |
Transboundary harm and international watercourses | p. 150 |
Impact of the case law | p. 151 |
Principle 21 of the Stockholm Declaration | p. 151 |
Treaty transformation | p. 153 |
Work of the ILC | p. 155 |
Conclusion | p. 161 |
Freshwater resources and ecosystems | p. 163 |
Jurisprudence | p. 164 |
Lake Lanoux case | p. 166 |
River Oder case | p. 171 |
Gabcikovo-Nagymaros Project case | p. 173 |
Pulp Mills case | p. 187 |
Impact of the case law | p. 190 |
Conclusion | p. 194 |
Marine wildlife and ecosytems | p. 196 |
Marine wildlife and ecosystems | p. 197 |
Limits of coastal state jurisdiction | p. 200 |
Disputes under the LOS Convention | p. 214 |
Pollution or alternation of marine environments | p. 229 |
French nuclear testing in the Pacific | p. 230 |
MOX Plant dispute | p. 232 |
Straits of Johor case | p. 240 |
Conclusion | p. 243 |
Contemporary challenges | p. 245 |
Public interest proceedings | p. 247 |
Public participation in international environmental law | p. 248 |
Domestic environmental governance | p. 249 |
International environmental governance | p. 251 |
Public participation in international environmental litigation | p. 252 |
Civil society in international environmental litigation | p. 252 |
Existing opportunities for public interest proceedings | p. 253 |
Reconceptualising international public interest litigation | p. 264 |
Conclusion | p. 269 |
Jurisdictional coordination | p. 271 |
Gaps and overlaps | p. 272 |
Jurisdictional competition | p. 272 |
Typology of competition | p. 273 |
Resultant difficulties | p. 275 |
Forum shopping | p. 275 |
Simultaneous proceedings | p. 279 |
Successive proceedings | p. 285 |
Jurisdictional coordination | p. 286 |
Applying jurisdiction-regulating rules | p. 287 |
Conclusion | p. 302 |
Fragmentation of international environmental law | p. 304 |
Fragmentation of international law | p. 304 |
International courts and fragmentation | p. 305 |
Institutional imbalances | p. 307 |
International environmental law in specialised courts and tribunals | p. 310 |
Human rights bodies | p. 310 |
WTO | p. 321 |
Trade law and environmental protection | p. 321 |
Environmental jurisprudence | p. 323 |
Cases concerning GATT environmental exemptions | p. 324 |
Tuna-Dolphin cases | p. 325 |
Shrimp-Turtle cases | p. 326 |
Sanitary and phytosanitary measures | p. 331 |
Evaluation | p. 340 |
Conclusion | p. 342 |
The future of international environmental litigation | p. 345 |
The flourishing of international environmental litigation | p. 345 |
Judicial development of international environmental law | p. 348 |
Origins and development | p. 348 |
New fields for judicial development | p. 353 |
Assessment | p. 356 |
International courts and international environmental governance | p. 359 |
General adjudicative machinery | p. 359 |
Distinctive approach of international environmental law | p. 362 |
Conclusion | p. 365 |
Bibliography | p. 366 |
Index | p. 398 |
Table of Contents provided by Ingram. All Rights Reserved. |
ISBN: 9780521881227
ISBN-10: 0521881226
Series: Cambridge Studies in International and Comparative Law
Published: 12th February 2009
Format: Hardcover
Language: English
Number of Pages: 458
Audience: Professional and Scholarly
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24 x 2.54
Weight (kg): 0.84
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