An Ecological Approach to International Law: Responding to the Challenges of Climate ChangeRoutledge, 2008 M01 28 - 464 pages An 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 3
... recognise, and thus protect, the global environment. But, a proper assessment of the law demands that we look much deeper than state sovereignty. We must also consider the ethical basis of current international 3 INTRODUCTION.
... recognise, and thus protect, the global environment. But, a proper assessment of the law demands that we look much deeper than state sovereignty. We must also consider the ethical basis of current international 3 INTRODUCTION.
Page 5
... recognising the flaws in our ethics, our thinking and in current international environmental law and in developing new ethics, thinking and principle(s) to guide responses to the problems we have created. It is acknowledged that the new ...
... recognising the flaws in our ethics, our thinking and in current international environmental law and in developing new ethics, thinking and principle(s) to guide responses to the problems we have created. It is acknowledged that the new ...
Page 10
... recognise a fact long known by climatologists, namely that climate is not a static feature of the Earth environment. Climate is a dynamic regime subject to natural variations on all time-scales, from years to millenia, as well as ...
... recognise a fact long known by climatologists, namely that climate is not a static feature of the Earth environment. Climate is a dynamic regime subject to natural variations on all time-scales, from years to millenia, as well as ...
Page 25
... recognised, at the level of international law and policy, in the text of the 1992 United Nations Climate Change Convention.129 Principle 3(3) states that: The Parties should take precautionary measures to anticipate, prevent or minimize ...
... recognised, at the level of international law and policy, in the text of the 1992 United Nations Climate Change Convention.129 Principle 3(3) states that: The Parties should take precautionary measures to anticipate, prevent or minimize ...
Page 28
... recognised and managed. It is evident then that the ecological reality of life on earth is one of interdependence/interaction and interconnectedness.145 Despite this fundamental reality, many of the activities of humanity and, the ...
... recognised and managed. It is evident then that the ecological reality of life on earth is one of interdependence/interaction and interconnectedness.145 Despite this fundamental reality, many of the activities of humanity and, the ...
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 |
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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