International Environmental Law: Fairness, Effectiveness, and World Order

Front Cover
Cambridge University Press, 2006 M10 2 - 518 pages
This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether policymaking and trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Other editions - View all

Common terms and phrases

Popular passages

Page 384 - Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade...
Page 21 - The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b.
Page 407 - A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context...
Page 413 - Members can exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
Page 21 - ... the general principles of law recognized by civilized nations ; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Page 477 - States, no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence.
Page 413 - Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.
Page 39 - VIII, which is applicable in time of war, but on certain general and well-recognized principles, namely: elementary considerations of humanity, even more exacting in peace than in war; the principle of the freedom of maritime communication; and every State's obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States.
Page 40 - The tribunal concluded, after examining domestic and international law, that: under the principles of international law ... no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another...

About the author (2006)

Elli Louka is the founder of Alphabetics Development & Investment (ADI), a company devoted to environment and development. She was a senior fellow at the Orville H. Schell Center for International Human Rights at Yale Law School, where she published the Transnational Management of Hazardous and Radioactive Wastes and a Ford Foundation Fellow at New York University School of Law. Dr Louka is currently the recipient of the Marie Curie Fellowship provided by the European Commission of the European Union.

Bibliographic information