Suchergebnisse

The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.

International environmental law: an introductory overview / Phillipe Sands--International environmental law from Stockholm to Rio: back to the future? / Marc Pallemaerts--The Rio declaration: a new basis for international cooperation / Ileana Porras--Defending the global commons / Christopher Stone--Enforcing environmental security / Philippe Sands--Greening Bretton Woods / Jacob D. Werksman--Greening the EEC Treaty / Marina Wheeler--The GATT and the environment / James Cameron--Environmental law and policy in Antarctica / Leee Kimball--Radioactive waste dumping at sea / Remi Parmentier--The evolution of international whaling / Greg Rose and Saundra Crane--Technology-based approaches versus market-based approaches / Dan Dudek, Richard Stewart and Jonathan Wiener--The United Nations framework convention on climate change: a commentary / Daniel Bodansky--Implementing UNCED / S. Jacob Scherr and Jared E. Blumenfeld--International law and the protection of the environment during international armed conflict / Richard G. Tarasofsky--International environmental law in North America: beyond NAFTA / Alberto Sz(c)♭kely

"The Clean Development Mechanism (CDM) is one of the "flexibility mechanisms" defined in the Kyoto Protocol and is an essential part of the current climate change regime. The CDM has been constantly evolving in order to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The first CDM project was registered in 2004 and there are now about 3,500 registered projects, expected to reduce over 500 million tonnes of carbon dioxide annually and over 2 billion tonnes by the end of 2012. Nevertheless, the CDM is still not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Although there are currently 123 developing countries that are eligible to participate in the CDM, only 69 countries do so. Of this number, four countries (China, India, Brazil and Mexico) account for about 75% of the projects in the CDM pipeline and most of the 69 host countries host just 1 or 2 projects. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries. This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of theory and international law with the aim of identifying the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. The book examines the approaches to equity in international law; the climate change regime; theories of distributive justice; and various international regimes that aim at achieving equity in the distribution of a resource or benefit. Based on these investigations, this book provides a definition of equitable distribution under the CDM and identifies the key barriers to equitable distribution of projects and makes recommendations on how to overcome these barriers. This book will be the authority on distributive justice under the CDM, as there is no other book on this topic and no article that deals thoroughly with the issue. "--

Part I. The Greening Phenomenon in International Law -- Chapter 1. A Greener International Law: International Legal Responses to the Global Environmental Crisis -- Chapter 2. Remedies for Climate Change–A Decisive Push Towards Paris? -- Chapter 3. The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law's 'Greening' Agenda -- Chapter 4. Greening the Law of Environmental Protection in Armed Conflicts -- Chapter 5. From Anthropos to Oikos in International Criminal Law: Acritical-theoretical Exploration of Ecocide as an 'Ecocentric' Amendment to the Rome Statute -- Chapter 6. Greening International Investment Agreements -- Chapter 7. Climate Justice and The Greening of Investment Arbitration -- Chapter 8. The International Regulation and Coordination of Sustainable Finance -- Chapter 9. A Coalition of the Committed': The Central Bank Supervisors Network for Greening the Financial System (NGFS) from a Perspective of Global Administrative Law -- Part II. Dutch Practice in International Law -- Chapter 10. Ziada vs Gantz and Eschel: A Civilian Claimant between Ship and Shore in The Netherlands -- Chapter 11. Reimagining the Energy Corporation: Milieudefensie and Others v Royal Dutch Shell Plc -- Chapter 12. Syrian War Crimes Trials in The Netherlands: Claiming Universal Jurisdiction over Terrorist Offences and the War Crime of Outrages upon Personal Dignity of the Dead -- Table of Cases -- Index.

Introduction -- Sources and structure of international environmental impact assessment commitment -- The role of EIAs in public international law -- The Vuotos Case Finland - Sweden 1960's - 2019 -- France - Spain Interconnection 1982 - 2015 -- The Upper Mekong Navigation Improvement Project (UMNIP) China - Myanmar - Thailand - Laos 1989 - 2020 -- Conclusion.

Introduction -- Sources and structure of international environmental impact assessment commitment -- The role of EIAs in public international law -- The Vuotos Case Finland - Sweden 1960's - 2019 -- France - Spain Interconnection 1982 - 2015 -- The Upper Mekong Navigation Improvement Project (UMNIP) China - Myanmar - Thailand - Laos 1989 - 2020 -- Conclusion.