Research Handbook On International Environmental Law (research Handbooks In International Law Series)

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike. This Wide-ranging And Comprehensive Handbook Examines Recent Developments In International Environmental Law (iel) And The Crossover Effects Of This Expansion On Other Areas Of International Law, Such As Trade Law And The Law Of The Sea. Actors And Law-making In International Environmental Law / Mark A. Drumbl -- International Framework For Environmental Decision-making / Geir Ulfstein -- Sustainable Development / Duncan French -- Environment And Development : Friends Or Foes In The 21st Century? / Paolo Galizzi And Alena Herklotz -- Implementing Intergenerational Equity / Edith Brown Weiss -- An Introduction To Ethical Considerations In International Environmental Law / Alexander Gillespie -- The World Bank And Sustainable Development / David Freestone -- Common But Differentiated Responsibilities / Philippe Cullet -- The Principles Of Prevention And Precaution In International Law : Two Heads Of The Same Coin? / Nicolas De Sadeleer -- The Precautionary Principle / Minna Pyhälä, Anne Christine Brusendorff And Hanna Paulomäki -- Environmental Impact Assessment / Olufemi Elias -- The Polluter-pays Principle / Priscilla Schwartz. Human Rights And The Environment : Substantive Rights / Dinah Shelton -- Human Rights To A Clean Environment : Procedural Rights / Jona Razzaque -- Responsibility For Environmental Damage / Phoebe Okowa -- International Liability For Damage To The Environment / Louise Angélique De La Fayette -- Corporate Liability For Environmental Harm / Amanda Perry-kessaris -- Settlement Of International Environmental Law Disputes / Natalie Klein -- Environmental Disputes In The Wto / Joanna Gomula -- Compliance Procedures And Mechanisms / Gerhard Loibl -- International Legal Efforts To Address Human-induced Global Climate Change / David M. Ong -- Filing The Holes : The Montreal Protocol's Non-compliance Mechanism / Feja Lesniewska -- Environmental Protection And The Concept Of Common Concern Of Mankind / Michael Bowman -- International Environmental Law Governing Threats To Biological Diversity / David M. Ong. Fisheries And Marine Biodiversity / Richard Barnes -- The 1982 Un Convention On The Law Of The Sea And Marine Environmental Protection / David M. Ong -- Environmental Protection In Armed Conflict / Karen Hulme -- The Relationship Between The Law Of International Watercourses And Sustainable Development / Malgosia Fitzmaurice -- International Chemicals And Waste Management / Katharina Kummer Peiry -- Drilling At The Poles : Environmental Protection In The Antarctic And The Arctic / Karen N. Scott. Edited By Malgosia Fitzmaurice, David M. Ong, Panos Merkouris. Includes Bibliographical References And Index. Cover 1 Copyright 4 Contents 5 Contributors 11 Abbreviations 16 Preface 24 Part I: International environmental law as a system of international law 27 1: Actors and law-making in international environmental law 29 2: International framework for environmental decision-making 52 Part II: Theories and concepts of international environmental law 75 3: Sustainable development 77 4: Environment and development: friends or foes in the 21st century? 95 5: Implementing intergenerational equity 126 6: An introduction to ethical considerations in international environmental law 143 7: The World Bank and sustainable development 164 8: Common but differentiated responsibilities 187 9: The principles of prevention and precaution in international law: two heads of the same coin? 208 Part III: Substantive principles 227 10: The precautionary principle 229 11: Environmental impact assessment 253 12: The polluter-pays principle 269 Part IV: Human rights to a clean environment 289 13: Human rights and the environment: substantive rights 291 14: Human rights to a clean environment: procedural rights 310 Part V: Responsibility and liability for environmental harm 327 15: Responsibility for environmental damage 329 16: International liability for damage to the environment 346 17: Corporate liability for environmental harm 387 Part VI: Dispute settlement and compliance 403 18: Settlement of international environmental law disputes 405 19: Environmental disputes in the WTO 427 20: Compliance procedures and mechanisms 452 21: International legal efforts to address human-induced global climate change 476 22: Filling the holes: the Montreal Protocol's non-compliance mechanism 497 Part VII: Biodiversity 517 23: Environmental protection and the concept of common concern of mankind 519 24: International environmental law governing threats to biological diversity 545 25: Fisheries and marine biodiversity 568 Part VIII: Specific environmental protection regimes 591 26: The 1982 UN Convention on the Law of the Sea and Marine Environmental Protection 593 27: Environmental protection in armed conflict 612 28: The relationship between the law of international watercourses and sustainable development 631 29: International chemicals and waste management 663 30: Drilling at the Poles: environmental protection in the Antarctica and the Arctic 680 Index 707