Suchergebnisse

Intro -- Acknowledgements -- Contents -- Abbreviations -- Table of Cases -- Chapter 1: Introduction: The Crisis of International Law and the Role of Emerging Powers -- References -- Chapter 2: Emerging Powers and the International Order: Outline -- 2.1 Emerging Powers and the International Order -- 2.1.1 International Relations: The Broad Picture -- 2.1.1.1 The Realist Perspective: Hegemonic Stability in Decline? -- 2.1.1.2 Liberal Institutionalists -- 2.1.1.3 Critical Theory -- 2.1.2 Approaches by International Lawyers -- 2.1.2.1 Historical Departure: Europe and the United States as (Former) Hegemons -- 2.1.2.2 Relevant New Actors -- 2.1.2.3 Structure: Concert of Asia, Parallel Orders, International Anarchy, Regionalism, and/or a Multi-Hub System? -- 2.1.2.4 Substance: Rejection, the Return of the State or Substantive Pluralism? -- 2.1.3 Evaluation: Power Is Shifting But Many Questions Remain Open -- 2.2 Outline of the Book -- 2.2.1 Who Are the Relevant Actors? -- 2.2.2 A Common Legal Agenda? Why a Comparative Study of Rising Powers´ Legal Positions Is Valuable -- 2.2.3 Emerging Powers as Promoters of Global Justice in International Economic Law? Self-Qualification and Scholarly Assumptio... -- 2.3 Terminology and Methodology -- 2.3.1 Rule Makers, Rule Takers, Norm-Entrepreneurs, and Norm-Antipreneurs -- 2.3.2 Institutions, Rules, Principles and Paradigms -- 2.3.3 Rising Powers as Loyalists, Reformers or Revolutionaries -- 2.4 Conclusion -- References -- Chapter 3: Hegemony, Power and International Law -- 3.1 (Western) Great Powers and International Law -- 3.1.1 Working Definitions: Power, Hegemony and Great Powers -- 3.1.2 A Dichotomy Between Power and Law? -- 3.1.3 How to Convert Power into International Law -- 3.1.3.1 Three `Faces´ of Power -- 3.1.3.2 Legal and Factual Restraints? -- 3.1.3.3 Power and International Customary Law.

Abstract
Earth system science indicates the existence of planetary boundaries. Several of these ecological limits have been transgressed, raising serious human rights concerns. Concurrently, persistent poverty and significant economic disparities continue to challenge societies and human rights law and scholarship. How to reform economies to respect planetary boundaries and at the same time address deprivation and socio-economic inequalities is the subject of a rich 'degrowth' literature. Surprisingly, this literature received minimal attention from human rights scholarship. Building upon Raworth's influential concept of Doughnut Economics, this paper aims to bridge this gap by investigating whether human rights can encompass ecological limits (outer circle of the doughnut) and how these limits relate to social priorities embodied in human rights law (inner circle of the doughnut). To do so, the paper is structured along two sub-sections. The first section examines the relevance of core planetary boundaries, particularly biosphere integrity and climate change, within the context of human rights law. In the second section, the paper addresses the relationship between the inner and outer circle of doughnut economics from a human rights perspective. Drawing on critical literature, the article problematizes the 'growth paradigm' in human rights practice but also offers alternative readings. In this final part of the article, the author demonstrates how central doctrines of ESC rights, such as progressive realization and non-retrogression, could be interpreted in a way agnostic of economic growth.

Most studies of potentially hazardous substances focus on aspects of their occurrence and fate in the environment (monitoring and modelling studies) to estimate the environmental impact and the potential exposure of humans. In order to evaluate emission sources, to recognise environmental impacts at an early stage, and to take efficient legislative or technical measures, it is essential to know their behaviour in the anthroposphere as a function of time. So far, only very few investigations of this type exist for chemicals. In regular risk assessments, only rather limited knowledge is available concerning the behaviour of chemicals in the anthroposphere (production data, substance quantities in products, recycling rates, emissions occurring during use, etc.) or their lifecycle, and no information at all about their behaviour as a function of time. For this reason, it is these aspects that were investigated in a case study within the framework of the national research programme NRP50 for selected brominated flame retardants with endocrine-disrupting potential (pentabromodiphenyl ether, hexabromocyclododecane) or the potential to degrade to such substances (decabromodiphenyl ether). A dynamic substance flow analysis (SFA) model was performed for Switzerland for the time period 1980–2020. In this review paper (a) we present a summary of typical results (system overview, consumption trends/application patterns, anthropogenic stocks and their changes, emission trends including major sources and environmental fate), (b) we summarize the effectiveness of recent risk-reduction measures in Switzerland and (c) we indicate serious remaining data gaps and recommend further important measures for risk reduction. For the future, we suggest improving the knowledge of the lifecycle of chemicals such as brominated flame retardants by applying SFA as a suitable tool to weight the effect of substance flows with respect to environmental emissions, and to serve as the basis for planning actions and measures to reduce such emissions. This is in line with one major conclusion of the NRP50 consensus platform 'Brominated Flame Retardants'.