Birnie, Boyle, and Redgwell's International Law and the Environment

Name: Birnie, Boyle, and Redgwell's International Law and the Environment
Price: 7400 ISK
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Author: Alan Boyle; Catherine Redgwell
ISBN: 9780192521408

Höfundar: Alan Boyle; Catherine Redgwell (Útgáfa: 4)

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The development of modern international environmental law has been one of the most remarkable exercises in international law-making. Although far more law and policy exists in this area than a quarter of a century ago, the global environment is in a much worse state: challenges remain in relation to the poor health of the oceans, climate change, the growing loss of biodiversity and ecosystems, and the other effects of human mismanagement of our global ecosystem, including global pandemics.

As conservation of the environment plays an increasingly important role within society, Birnie, Boyle, and Redgwell's International Law and the Environment continues to be an essential read for students and practitioners alike. Written by experts in the field Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of the text, while remaining rooted in the substantive law.

The authors employ sharp and thorough analysis of the law, allowing them to share their extensive knowledge and experience with the reader. They provide a unique perspective on the implications of international regulation, promoting a wider understanding of the pertinent issues impacting upon the law. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats.

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Útgefandi: Oxford University Press Academic UK

ISBN: 9780192521408

Print ISBN: 9780199594016

Format: ePub

Útgáfa: 4

Höfundar: Alan Boyle; Catherine Redgwell

Tungumál: English

Útgefið: 2021-07-01

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Lögfræði

Efnisflokkar: Lögfræði › Umhverfisréttur

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Cover Page
Title Page
Copyright page
Preface
New to this Edition
Acknowledgements
List of Abbreviations
Table of Cases
Table of Major Treaties and Other Instruments
1 International Law and the Environment
1 Introduction
1(1) What is International Environmental Law?
1(2) What is Meant by ‘the Environment’?
1(3) Why Protect the Environment?
1(4) The Environment as a Problem of International Concern
1(5) The Role of Law in International Environmental Protection
1(6) Does International Law Adequately Protect the Environment?
2 Law-Making Processes and Sources of Law
2(1) International Law-Making Processes
2(2) Sources of International Law from an Environmental Perspective
(a) Treaties
(b) Custom
(c) General Principles of Law
d) Judicial Decisions
(e) Writings of Publicists
2(3) Codification and Progressive Development
2(4) UN Conference Declarations and General Assembly Resolutions
2(5) Soft Law
3 Overview
2 International Governance and the Formulation of Environmental Law and Policy
1 Introduction
2 The Development of International Environmental Policy
2(1) 1972 UN Conference on the Human Environment
2(2) 1992 UN Conference on Environment and Development
(a) The negotiations
(b) UNCED instruments
2(3) 2002 World Summit on Sustainable Development
2(4) 2012 UN Conference on Sustainable Development
2(5) The Concept of Sustainable Development
3 The UN and Environmental Governance
3(1) The UN’s Environmental Competence
3(2) UN Principal Organs and Protection of the Environment
(a) The General Assembly
(b) The Security Council
(c) UN Economic and Social Council
3(3) Un Environment (Programme)
(a) UN Environment’s mandate
(b) UNEP’s Role in Developing International Environmental Law
3(4) A Global Environmental Organization?
4 Other International Organizations
4(1) UN Specialized Agencies and Related Bodies
4(2) UN Regional Commissions
4(3) The Food and Agriculture Organization
4(4) The International Maritime Organization
4(5) The International Atomic Energy Agency
4(6) The World Trade Organization
4(7) The World Bank and the Global Environment Facility
(a) The World Bank
(b) The Global Environment Facility
4(8) The Organisation for Economic Co-operation and Development
5 International Regulatory Regimes
5(1) Introduction
5(2) Autonomous Treaty Bodies
(a) Membership
(b) NGO participation
(c) Transparency
(d) Regulatory decision-making
(e) Non-participants
5(3) International Resource Management Bodies
5(4) International Regimes: Conclusions
6 Scientific Organizations
7 Non-Governmental Organizations
7(1) Role of NGOs in General
7(2) International Union for the Conservation of Nature
8 Conclusions
3 Rights and Obligations of States Concerning Protection of the Environment
1 Codification and Development
1(1) Introduction
1(2) The 1992 Rio Declaration on Environment and Development
2 Sustainable Development: Legal Implications
2(1) A Right to Sustainable Development?
2(2) The Elements of Sustainable Development
(a) Integration of environmental protection and economic development
(b) The right to development
(c) Sustainable utilization and conservation of natural resources
(d) Inter-generational equity
(e) Intra-generational equity
(f) Procedural elements of sustainable development
2(3) The Influence of Sustainable Development on the Law
2(4) An Obligation to Develop Sustainably?
3 Conservation and Sustainable Use of Natural Resources
3(1) Legal Status of Natural Resources
(a) Permanent sovereignty over natural resources
(b) Shared natural resources
(c) Common property
(d) Common heritage
3(2) The Obligation of Conservation and Sustainable Use
(a) The legal precedents
(b) The precautionary approach and sustainable use
(c) Cooperation in the conservation and sustainable use of natural resources
4 Principles of Global Environmental Responsibility
4(1) The Environment as a ‘Common Concern’
(a) The global environment
(b) The domestic environment of states
(c) Implications of ‘common concern’
4(2) Erga Omnes Status of Global Environmental Responsibility
4(3) Common but Differentiated Responsibility
(a) Differentiated responsibility
(b) Solidarity and conditionality
(c) An assessment of Principle 7
4(4) The Precautionary Approach and Global Environmental Responsibility
5 Prevention of Transboundary Pollution and Environmental Harm
5(1) The Rio Declaration and Transboundary Environmental Harm
5(2) The International Law Commission
5(3) International Jurisprudence Relating to Prevention of Environmental Harm
5(4) The Duty to Prevent, Reduce and Control Transboundary Environmental Harm
5(5) The Obligation to use Due Diligence
5(6) Equitable Balancing and Impermissible Transboundary Risks
5(7) Alternatives to Due Diligence: Non-Discrimination
6 The Precautionary Principle and Foreseeability of Harm
6(1) Principle 15 of the Rio Declaration
6(2) Burden of Proof of Risk
6(3) Legal Status and Implications of the Precautionary Principle or Approach
6(4) Conclusions
7 Environmental Impact Assessment (EIA) and Monitoring
7(1) The Evolution of EIA in International Law
(a) Rio Principle 17
(b) Strategic environmental assessment ()
7(2) Transboundary EIA
7(3) When is a Transboundary EIA Required?
7(4) The EIA Process
7(5) The Scope and Content of an EIA
7(6) Judicial Review
7(7) Monitoring
8 Procedural Obligations and Transboundary Cooperation
8(1) Transboundary Cooperation
8(2) Notification and Consultation in Respect of Transboundary Risk
8(3) Emergency Notification, Response, and Assistance
9 Defining ‘Environmental Damage’ and ‘Pollution’
9(1) Environmental Harm or Damage
9(2) Thresholds of Serious or Significant Harm
9(3) Pollution
10 Military Activities and the Environment
11 Conclusions
4 State Responsibility, Treaty Compliance, and Dispute Settlement
1 Introduction
2 State Responsibility and Liability for Environmental Damage
2.1 The Basis of State Responsibility
2(2) Fault and Due Diligence
2(3) Liability of States for Environmental Damage in International Law
(a) When are states liable for environmental damage?
(b) Liability of states under general principles of law
2(4) Developing the Law of State Liability for Damage
(a) Who should be liable for transboundary harm: states or private parties?
(b) The International Law Commission’s articles on liability
2(5) Interaction of Civil Liability and Interstate Claims: The Local Remedies Rule
2(6) Remedies for Environmental Damage
(a) Restitution and preventive remedies
(b) Compensation
2(7) Standing to Bring Claims
2(8) Conclusions: The Utility of State Responsibility
3 Treaty Supervision and Compliance
3(1) Breach of Treaty or Non-Compliance?
3(2) Treaty Supervisory Bodies
(a) Trusteeship
(b) Autonomous treaty bodies
3(3) Supervisory Techniques
(a) Reporting and monitoring
(b) Fact-finding and research
(c) Inspection
3(4) Non-Compliance Procedures
(a) The Montreal Protocol as a model non-compliance procedure
(b) The Aarhus Convention Compliance Committee
(c) The Kyoto Protocol Compliance Committee
4 Settlement of International Environmental Disputes
4(1) The Role of Litigation in Environmental Disputes
4(2) Choice of Forum
4(3) Public-Interest Environmental Litigation
4(4) An International Environmental Court or Special Procedures for Environmental Cases?
4(5) Adjudication of Treaty Disputes
(a) Dispute settlement under the 1982 UNCLOS Part XV
(b) The Protocol to the Antarctic Treaty on Environmental Protection
(c) Standing to sue under MEAs
4(6) Dispute Settlement by Treaty Supervisory Bodies
4(7) Diplomatic Methods of Dispute Settlement
(a) Mediation and good offices
(b) Conciliation and inquiry
5 Conclusions
5 Non-State Actors: Environmental Rights, Liability, and Crimes
1 Introduction
1(1) Environmental Rights
1(2) The Role of National Law
2 Human Rights and the Environment
2(1) Introduction
2(2) The Environment in Human-Rights Treaties
2(3) Environmental Rights and the UN Human Rights Institutions
(a) UNHRC special rapporteurs on environmental issues
(b) UNHRC Special Rapporteur on the enjoyment of a ‘safe, clean, healthy and sustainable environment’
(c) Human rights and climate change
2(4) A Right to a Healthy, Sustainable or Ecologically Sound Environment?
(a) The current international law
(b) Should there be a right to a healthy, sustainable or ecologically sound environment?
(c) Integrating sustainable economic development and human rights
2(5) Greening Existing Human Rights
(a) Environmental nuisances
(b) Indigenous culture and the environment
2(6) Participatory Rights
(a) Participatory rights under the Aarhus Convention
(b) The 2018 ECLAC Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean
(c) Participatory rights under human-rights treaties
(d) NGOs and participatory rights
2(7) Extraterritorial Application of Human-Rights Treaties in Environmental Cases
2(8) Conclusions
3 Transboundary Environmental Litigation
3(1) Introduction
3(2) Equal Access to National Remedies
(a) The principle
(b) Non-discrimination and equal access in international law
(c) Regional provision for equal access to remedies
(d) Implementation of a policy of equal access
(e) The limitations of equal access
3(3) Private International Law Issues in Transboundary Environmental Litigation
(a) Choice of law
(b) Jurisdiction and ‘forum shopping’
4 Harmonization of Environmental Liability
4(1) Introduction
4(2) The 1993 Lugano Convention
4(3) ILC Principles on Allocation of Loss for Transboundary Damage
4(4) Liability and the Polluter Pays Principle
5 Corporate Environmental Accountability
6 Environmental Crimes
6(1) Enforcement through Criminal Law
6(2) Extraterritorial Criminal Jurisdiction
6(3) Universal Jurisdiction and Crimes Against International Law
7 Conclusions
6 Climate Change and Atmospheric Pollution
1 Introduction
1(1) Degradation of the Global Atmosphere
1(2) The Legal Status of the Atmosphere
1(3) Customary Law and Global Environmental Responsibility
1(4) International Policy and the Regulation of the Atmosphere
2 Transboundary Air Pollution
2(1) Introduction
2(2) 1979 Geneva Convention on Long-Range Transboundary Air Pollution
2(3) Protocols to the 1979 Convention
2(4) Implementation and Assessment
2(5) Air Pollution in Asia
3 Protecting the Ozone Layer
3(1) 1985 Ozone Convention
3(2) 1987 Montreal Protocol
3(3) Revision and Compliance
3(4) Assessing the Montreal Protocol
4 The Climate Change Regime
4(1) Introduction
4(2) Development of the UN Framework Convention on Climate Change
4(3) Objectives, Principles, and Commitments
4(4) The Kyoto Protocol
(a) Commitments
(b) The impact of the Kyoto Protocol on greenhouse gas emissions
(c) Market-based mechanisms
(i) Economic background
(ii) Clean Development Mechanism
(iii) Joint implementation
(iv) International emission trading
4(5) The Paris Agreement
(a) The long approach to the Paris Agreement
(b) Key features of the Paris Agreement
(i) Objective
(ii) Central obligations
(iii) Differentiation
(iv) Human rights
(v) The Paris Rulebook
4(6) Supervision and Compliance
4(7) Environmental Impact Assessment and Climate Change
4(8) Loss and Damage
4(9) Assessment of the Climate Change Regime
(a) The UNFCCC
(b) The Kyoto Protocol
(c) The Paris Agreement
5 Conclusions
7 Nuclear Energy and the Environment
1 Introduction
1(1) International Nuclear Policy
1(2) Nuclear Power: The Emergence of Environmental Concern
2 The International Regulation of Nuclear Energy
2(1) IAEA and the Regulation of Nuclear Risks
(a) Powers over health and safety
(b) The legal effect of IAEA health and safety standards
(c) IAEA as an international inspectorate and review body
2(2) International Agreements on Nuclear Safety
(a) The Nuclear Safety Convention
(b) The Joint Convention on the Safety of Spent Fuel and Radioactive Waste Management
2(3) Other International Regulatory Bodies
(a) Euratom
(b) OECD
(c) ILO
2(4) The Effectiveness of International Regulation
3 Control of Transboundary Nuclear Risks
3(1) International Obligations
3(2) Nuclear Installations: Notification and Consultation
3(3) Cooperation and Assistance in Cases of Nuclear Emergency
(a) Notification
(b) Assistance
4 State Responsibility for Nuclear Damage
4(1) Strict or Absolute Responsibility
4(2) State Claims
4(3) Reforming the Law of State Responsibility for Nuclear Injury
5 Civil Liability for Nuclear Damage
5(1) The Scheme of the Conventions
5(2) Why Liability without Fault?
5(3) The Channelling of Liability
5(4) Allocation of Loss
(a) The Paris Convention Scheme
(b) The Vienna Convention Scheme
5(5) Bringing Claims under the Conventions
5(6) Non-Party Claims
5(7) Nuclear Damage and the Environment
6 Conclusions
8 International Regulation of Toxic and Persistent Pollutants and Waste
1 Introduction
1(1) The Problem
1(2) International Policy
2 International Regulation of Toxic and Persistent Pollutants
2(1) Introduction
2(2) Trade in Chemicals: the Rotterdam Convention on Prior Informed Consent
2(3) Persistent Organic Pollutants: The POPS Convention
2(4) The Minamata Convention on Mercury
3 Pollution of the Marine Environment from Land-Based Sources
3(1) Introduction
3(2) Regional Adoption of Common Standards
(a) UNEP’s Regional Seas Programme
(b) European agreements on land-based sources of marine pollution
(c) The North Sea and the Mediterranean
3(3) Monitoring, EIA and Avoidance of Risk to the Marine Environment
3(4) Relationship with the Law of International Watercourses
3(5) A Global Regime for Land-Based Sources?
4 Dumping at Sea
4(1) The Permissibility of Dumping
4(2) Why Prohibit Dumping?
4(3) What is ‘Dumping’?
4(4) Radioactive Waste Dumping
4(5) Geoengineering and the Dumping Regime
4(6) Licensing and Enforcement
4(7) Regional Treaties and Dumping
4(8) Assessing the London Dumping Convention
5 International Trade in Wastes
5(1) The Permissibility of Trade in Hazardous Wastes and Substances
5(2) The Scope of the Basel Convention
5(3) The Requirement of Prior Informed Consent
5(4) Environmentally Sound Management
5(5) Implementation and Supervisory Institutions
5(6) State Responsibility and Civil Liability
5(7) An Assessment of the Basel Convention
6 Conclusions
9 Prevention of Marine Pollution
1 Introduction
1(1) The 1982 UN Convention on the Law of the Sea
1(2) Agenda 21 and the Marine Environment
2 UNCLOS Part XII
3 Regional Seas
3(1) UNCLOS and Regional Rules
3(2) Regional Seas Agreements
(a) The North Sea and north-east Atlantic
(b) The Baltic
(c) The Mediterranean and the Black Sea
(d) Other UNEP regional seas programmes
4 Marine Pollution from Ships
4(1) The Nature of the Problem
4(2) Flag State Jurisdiction over Vessel Pollution
4(3) The 1973/78 MARPOL Convention
(a) The MARPOL annexes
(b) Certification and inspection under the MARPOL Convention
(c) Jurisdiction under the MARPOL Convention
(d) Assessing the impact of MARPOL
5 Coastal and Port State Environmental Jurisdiction
5(1) In Internal Waters and the Territorial Sea
(a) Environmental jurisdiction in internal waters and the territorial sea
(b) Control of vessel pollution in the territorial sea
(c) Arrest of ships for pollution in the territorial sea
5(2) Environmental Jurisdiction in the EEZ
5(3) Enforcement Jurisdiction beyond the Territorial Sea
(7) Enforcement of pollution regulations in the EEZ
(b) Port state enforcement of pollution regulations
(c) Safeguards and limitations
5(4) Pollution of the Continental Shelf
6 Pollution of the High Seas and Deep Seabed
7 Pollution Incidents and Emergencies at Sea
7(1) International Cooperation and Assistance
7(2) Controlling Pollution Emergencies at Sea
(a) General obligations
(b) Coastal state powers of intervention
(c) Notification by vessels and offshore installations
(d) Salvage
7(3) Pollution Response in the International Seabed Area
8 Responsibility and Liability for Marine Pollution Damage
8(1) State Responsibility
8(2) The Polluter Pays Principle
8(3) Civil Liability for Oil Pollution from Ships
8(4) Environmental Damage
8(5) An Assessment of the Oil Pollution Liability and Compensation Scheme
8(6) Liability for Other Forms of Pollution from Ships
9 Conclusions
10 International Watercourses: Environmental Protection and Sustainable Use
1 Introduction
1(1) The Scope of International Watercourse Law
1(2) Water Resources: Principles of Allocation
(a) Territorial sovereignty
(b) Territorial integrity
(c) Equitable utilization
(d) Common management
2 Protection of Watercourse Ecosystems
2(1) Pollution and Permissible Uses of Watercourses
2(2) Environmental Harm and Equitable Utilization
2(3) Prevention of Transboundary Pollution and Environmental Harm
2(4) Protection of Watercourse Ecosystems
2(5) The Relevance of Other Environmental Agreements
2(6) Sustainability and Conservation of Water Resources
(a) Sustainable development and water resources law
(b) Sustainable utilization and the right to water
2(7) Transboundary Environmental Cooperation
(a) Notification, consultation, and negotiation in cases of environmental risk
(b) Information exchange
(c) Emergency cooperation
3 Regional Cooperation and Environmental Regulation
3(1) The International Commission for the Protection of the Rhine
3(2) The US–Canadian International Joint Commission
3(3) Shared Watercourses in the Southern Africa Development Community
4 Conclusions
11 Conservation of Nature, Ecosystems, and Biodiversity
1 Introduction
1(1) The Problem
1(2) The Role of Law in Nature Protection
1(3) Regulatory Techniques
(i) Listing and permitting
(ii) Protection of habitat
(iii) Protected areas
(iv) Provision of financial assistance and capacity building
(v) Reporting, Monitoring and Compliance Review
2 Significance and Effectiveness of the Major Global Wildlife Conventions
2(1) 1971 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention)
(a) Listing, conservation and ‘wise use’ of wetland sites
(b) Implementation and compliance
(c) Assessment of the Ramsar Convention
2(2) The 1972 World Heritage Convention
(a) The listing process
(b) Conservation obligations
(c) Compliance
(d) Assessment of the World Heritage Convention
2(3) The 1979 Convention on the Conservation of Migratory Species of Wild Animals (CMS)
(a) Listing and conservation techniques
(b) Institutional supervision
(c) Implementation and compliance
(d) Assessing the CMS
2(4) 1973 Convention on International Trade in Endangered Species
(a) Objectives
(b) Controlling trade
(c) The listing process
(d) Implementation
(e) Compliance
(f) Institutional supervision
(g) Assessing CITES
3 Plant Protection356
4 Deserts, Forests and Landscape
4(1) The Convention to Combat Desertification
4(2) The Forest Principles and Related Instruments
4(3) Protection of Landscape
5 Regional Conventions439
6 Conservation of Biological Diversity and Biosafety
6(1) Introduction
6(2) Objectives of the Biodiversity Convention
6(3) Jurisdictional Scope
6(4) Provisions of the Convention Relevant to Achievement of Its Objectives: The Preamble
(a) Intrinsic and other values of biodiversity
(b) Needs of developing countries
(c) The legal status of biodiversity: implications of common concern
(d) The precautionary approach and inter‑generational equity
6(5) Obligations under the CBD
(a) Conservation of biological diversity and biological resources
(b) Sustainable use
(c) Alien species
(d) Role of indigenous people’s rights in relation to biodiversity
(e) Living modified organisms and biosafety
6(6) Incentives to Participation and Compliance
(a) Fair and equitable sharing of benefits
(b) Financial incentives
(c) Access to and transfer of technology
6(7) Institutional Supervisory Bodies and Compliance Procedures
(a) Compliance procedures
(b) Institutional structure
(c) Dispute settlement
(d) Liability and responsibility
6(8) The 2000 Cartagena Protocol
(a) Regulation of biosafety under the Protocol: Advanced Informed Agreement
(b) Public awareness and participation in biosafety decision-making
(c) Risk assessment
(d) Trade implications
(e) Subsequent developments under the protocol: non-compliance and liability
6(9) Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation
7 Conclusion
12 Conservation of Marine Living Resources
1 Introduction
1(1) The Problem
1(2) An Overview of the Law
2 The 1982 UN Convention on the Law of the Sea
2(1) General Approach
2(2) Competence over Conservation of Marine Living Resources under UNCLOS
(a) Living resources in the territorial sea and archipelagic waters
(b) Living resources in the exclusive economic zone (EEZ)
(c) Living resources of the high seas
(d) Living resources of the continental shelf
(e) Deep seabed living resources
2(3) The Species Approach
(a) Highly migratory species
(b) Anadromous species
(c) Catadromous species
(d) Sharks, rays and other endangered species
3 Post-UNCLOS Developments
3(1) FAO and the Conservation of High Seas Living Resources
3(2) Alternative Approaches to Management of High Seas Fisheries
3(3) 1995 Agreement on Straddling and Highly Migratory Fish Stocks
(a) Application of the 1995 Fish Stocks Agreement
(b) Conservation, sustainable use and ecosystem protection
(c) Application of the precautionary approach
(d) Cooperation through regional fisheries bodies
(e) Compatibility of EEZ and high seas conservation measures
(f) Illegal, unreported and unregulated fishing (‘IUU fishing’)
4 Marine Mammals
4(1) Legal Status of Marine Mammals
4(2) UNCLOS and Marine Mammals
4(3) 1946 International Convention for the Regulation of Whaling
5 Conservation of Marine Biodiversity
5(1) Evolution of the Law on Marine Biodiversity
5(2) Agenda 21 and the UN Sustainable Development Goals
5(3) 1992 Convention on Biological Diversity
5(4) The Relationship between UNCLOS and the CBD
6 Conclusions
13 International Trade and Environmental Protection
1 Introduction: WTO and International Trade
2 GATT Environmental Exceptions
2(1) GATT Article XX
2(2) Article XX(b): Protection of Health
2(3) Article XX(g): Conservation of Exhaustible Natural Resources
3 Multilateral Environmental Agreements and Trade Restrictions
3(1) The Relationship between WTO Agreements and Environmental Agreements
3(2) Trade in Hazardous Chemicals and Pesticides
3(3) Hazardous Waste
4 Technical and Sanitary Trade Restrictions
4(1) Import Restraints for Technical, Sanitary and Phytosanitary Purposes
4(2) Recycling and Packaging
4(3) ECO‑Labels
5 Trade Restrictions to Improve the Global Environment
5(1) Process and Production Methods
5(2) Conservation of Natural Resources
6 Environmental Taxes
7 The Trips Agreement and the Biodiversity Convention
7(1) Access to Genetic Resources
7(2) Patentability
7(3) Access to and Transfer of Technology
7(4) Compulsory Licensing
8 International Trade and Investment
9 WTO Dispute Settlement
10 Conclusions
Bibliography
Index