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Transboundary Harm in International Law

Lessons from the Trail Smelter Arbitration

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Hardcover | 14 August 2006

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372 Pages

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22.9 x 15.2 x 2.5

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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.

Industry Reviews

"The ambition of the volume is to "revisit Trail Smelter and to take its measure against [a] radically changed world," in which "border-crossing conflicts [are] multiplying and intensifying. ...The editors deserve credit for carefully structuring the volume and ensuring that the contributions, on the whole, complement each other. ...this book can be recommended as a thought-provoking exploration of important conceptual terrain and a worth-while attempt to push analytical horizons toward broader engagement with the varied legal challenges posed by transboundary impacts." --Jutta Brunnee, Of the Board of Editors, American Journal of International Law

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You Can Find This Book In

Non-Fiction Law International Law Public International Law International Environmental Law Laws of Specific Jurisdictions Environment Environment Law Settlement of International Disputes International Arbitration Legal System in General Civil Procedure, Litigation & Dispute Resolution

Arbitration

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Paperback

Published: 14th January 2010

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Contributors	p. xi
Acknowledgments	p. xvii
Foreword	p. xix
Introduction	p. 1
The Trail Smelter Arbitration - History, Legacy, and Revival
History
"An Outcrop of Hell": History, Environment, and the Politics of the Trail Smelter Dispute	p. 13
The Trail Smelter Dispute [Abridged]	p. 27
Roots and Legacy
Of Paradoxes, Precedents, and Progeny: The Trail Smelter Arbitration 65 Years Later	p. 34
Pollution by Analogy: The Trial Smelter Arbitration [Abridged]	p. 46
Has International Law Outgrown Trail Smelter?	p. 56
The Flawed Trail Smelter Procedure: The Wrong Tribunal, the Wrong Parties, and the Wrong Law	p. 66
Rereading Trail Smelter [Abridged]	p. 79
Trail Smelter and the International Law Commission's Work on State Responsibility for Internationally Wrongful Acts and State Liability	p. 85
Derivative versus Direct Liability as a Basis for State Liability for Transboundary Harms	p. 99
Return to Trail
Transboundary Pollution, Unilateralism, and the Limits of Extraterritorial Jurisdiction: The Second Trail Smelter Dispute	p. 109
Trail Smelter and Contemporary Transboundary Harm - The Environment
Trail Smelter in Contemporary International Environmental Law: Its Relevance in the Nuclear Energy Context	p. 125
Through the Looking Glass: Sustainable Development and Other Emerging Concepts of International Environmental Law in the Gabcikovo-Nagymaros Case and the Trail Smelter Arbitration	p. 140
Trail Smelter's (Semi) Precautionary Legacy	p. 153
Surprising Parallels between Trail Smelter and the Global Climate Change Regime	p. 167
Sovereignty's Continuing Importance: Traces of Trail Smelter in the International Law Governing Hazardous Waste Transport	p. 181
The Legacy of Trail Smelter in the Field of Transboundary Air Pollution	p. 195
The Impact of the Trail Smelter Arbitration on the Law of the Sea	p. 209
Trail Smelter and Contemporary Transboundary Harm - Beyond the Environment
Trail Smelter and Terrorism: International Mechanisms to Combat Transboundary Harm	p. 225
The Conundrum of Corporate Social Responsibility: Reflections on the Changing Nature of Firms and States	p. 240
A Pyrrhic Victory: Applying the Trail Smelter Principle to State Creation of Refugees	p. 254
Transboundary Harm: Internet Torts	p. 268
International Drug Pollution? Reflections on Trail Smelter and Latin American Drug Trafficking	p. 281
Application of International Human Rights Conventions to Transboundary State Acts	p. 295
Convention Between the United States of America and the Dominion of Canada Relative to the Establishment of a Tribunal to Decide Questions of Indemnity and Future Regime Arising from the Operation of Smelter at Trail, British Columbia	p. 309
Trail Smelter Arbitral Tribunal Decision, April 16, 1938	p. 314
Trail Smelter Arbitral Tribunal March 11, 1941, Decision	p. 326
Index	p. 337
Table of Contents provided by Ingram. All Rights Reserved.

Transboundary Harm in International Law

Lessons from the Trail Smelter Arbitration

At a Glance

Hardcover

Industry Reviews

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How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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