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. |
From inside the book
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Page viii
... 5.2.1 A right derived from existing rights? 197 5.2.2 An independent norm under customary international law? 200 5.3 Progressive development toward an environmental human right 209 5.4 5.5 5.6 5.7 A new international human right?
... 5.2.1 A right derived from existing rights? 197 5.2.2 An independent norm under customary international law? 200 5.3 Progressive development toward an environmental human right 209 5.4 5.5 5.6 5.7 A new international human right?
Page ix
5.4.1 The case for a new human right 5.4.2 Development of existing human rights? 5.4.3 'Environmental rights' Specific issues of content 5.5.1 Definition 5.5.2 Enforcement – whose right? 5.5.3 Obligations An appropriate legal response?
5.4.1 The case for a new human right 5.4.2 Development of existing human rights? 5.4.3 'Environmental rights' Specific issues of content 5.5.1 Definition 5.5.2 Enforcement – whose right? 5.5.3 Obligations An appropriate legal response?
Page 3
Before embarking on new principles, we should be quite clear about the inadequacies of the existing law. In particular, bearing in mind the slow processes by which international law typically develops, the urgency of the situation, ...
Before embarking on new principles, we should be quite clear about the inadequacies of the existing law. In particular, bearing in mind the slow processes by which international law typically develops, the urgency of the situation, ...
Page 4
It began life as a review of existing and developing international law relevant to climate change, limited in scope to both 'hard' and 'soft' law sources. It was not long before it became apparent that not only was this law deficient as ...
It began life as a review of existing and developing international law relevant to climate change, limited in scope to both 'hard' and 'soft' law sources. It was not long before it became apparent that not only was this law deficient as ...
Page 6
CAUSES Traditional environmental ethic SYMPTOMS Interrelated environmental problems including greenhouse effect ENVIRONMENTAL CRISIS Existing International Environmental Law State Responsibility International Liability Human Rights ...
CAUSES Traditional environmental ethic SYMPTOMS Interrelated environmental problems including greenhouse effect ENVIRONMENTAL CRISIS Existing International Environmental Law State Responsibility International Liability Human Rights ...
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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