An Ecological Approach to International Law: Responding to the Challenges of Climate ChangeAn Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind. |
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Page vii
... 26 3 State responsibility for environmental harm 61 3.1 Introduction 61 3.2 The obligation to prevent environmental harm 65 3.3 Scope of the obligation to prevent environmental harm 78 3.3.1 Obligation to prevent harm 78 3.3.2 Locus ...
... 26 3 State responsibility for environmental harm 61 3.1 Introduction 61 3.2 The obligation to prevent environmental harm 65 3.3 Scope of the obligation to prevent environmental harm 78 3.3.1 Obligation to prevent harm 78 3.3.2 Locus ...
Page viii
165 4.4.1 The transboundary approach and the 'global commons' 165 4.4.2 Protection of property rights 169 4.4.3 A piecemeal approach 171 4.4.4 Liability regime 177 4.4.5 Environmental harm perse 180 4.4.6 Co-operation 181 4.4.7 Cost ...
165 4.4.1 The transboundary approach and the 'global commons' 165 4.4.2 Protection of property rights 169 4.4.3 A piecemeal approach 171 4.4.4 Liability regime 177 4.4.5 Environmental harm perse 180 4.4.6 Co-operation 181 4.4.7 Cost ...
Page 7
For example, the principle of shared use of natural resources was not chosen for detailed analysis because it is similar to state responsibility in that it takes an essentially transboundary approach to environmental harm.
For example, the principle of shared use of natural resources was not chosen for detailed analysis because it is similar to state responsibility in that it takes an essentially transboundary approach to environmental harm.
Page 32
This, in turn, suggests that environmental degradation is due to bad management rather than a distorted perception of nature.173 ... In other words, is a threshold of harm to humanity sufficient to prevent serious environmental harm?
This, in turn, suggests that environmental degradation is due to bad management rather than a distorted perception of nature.173 ... In other words, is a threshold of harm to humanity sufficient to prevent serious environmental harm?
Page 60
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Contents
1 | |
9 | |
3 State responsibility for environmental harm | 61 |
4 International liability for injurious consequences arising out of acts not prohibited by international law | 144 |
5 Human rights and the environment | 196 |
6 The common heritage of mankind | 258 |
an opportunity lost? | 323 |
8 Conclusion | 349 |
Appendices | 353 |
Bibliography | 407 |
Index | 431 |
Other editions - View all
An Ecological Approach to International Law: Responding to Challenges of ... Prue Taylor Limited preview - 1998 |
An Ecological Approach to International Law: Responding to the Challenges of ... Prue Taylor No preview available - 2002 |
Common terms and phrases
action activities anthropocentric approach areas beyond national Article Barboza’s biosphere Bosselmann Brown Weiss Brownlie carbon dioxide cause chapter Climate Change Convention co-operation common heritage common interest concept concern Conference consequences considered context customary international law damage developing countries discussion documents draft Earth Charter earth’s ecocentric ecological economic ecosystems emissions emphasis added enforcement environmental harm environmental human right environmental protection environmental right example existing future global atmosphere global commons global environment greenhouse effect greenhouse gases humanity’s Ibid impact implementation intergenerational equity international environmental law IPCC IPCC WGI issue Kiss liability limited ment Montreal Protocol national jurisdiction Nuclear Tests obligation to prevent ozone Pardo Parties pollution Principle 21 problems property rights Protocol Quentin-Baxter’s recognise referred regime relevant responsibility Rio Declaration ronmental scientific sea-bed sovereign sovereignty specific state’s Stockholm Declaration suggested territory tion tional topic Trail Smelter transboundary UNCED United Nations Zealand