The Oxford Handbook of International Environmental Law, 2021
This chapter investigates the causes of transboundary air pollution. Much of the experience and k... more This chapter investigates the causes of transboundary air pollution. Much of the experience and knowledge comes from the context of the global North, with far less known about problems of transboundary air pollution across Africa, Asia, and Latin America. The chapter then discusses the role of customary law rules in the field before turning to a discussion of the main treaty regimes addressing transboundary air pollution in Europe and North America, as well as the more recent 2002 Association of South East Asian Nations (ASEAN) Transboundary Haze Pollution Agreement. As yet, there is no global treaty addressing air pollution and this seems unlikely to emerge. The chapter concludes that further regulation will likely come through regional efforts, as well as intersection with the climate regime.
... Titre du document / Document title. Stephen C. McCaffrey, The Law of International Watercours... more ... Titre du document / Document title. Stephen C. McCaffrey, The Law of International Watercourses: Non-Navigational Uses (Oxford: Oxford University Press, 2001) 500 pages. Auteur(s) / Author(s). Okowa Phoebe N. ; Revue / Journal Title. ...
This book seeks to present environmental justice perspectives as applied to transnational problem... more This book seeks to present environmental justice perspectives as applied to transnational problems, addressing the extent to which justice notions have penetrated environmental protection laws operating across borders. The contributions derive in the main from a ...
This chapter examines the legal regime governing the admissibility of claims in international adj... more This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.
This article examines the compatibility of the extraterritorial application of unilateral legisla... more This article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the ...
The Oxford Handbook of International Environmental Law, 2021
This chapter investigates the causes of transboundary air pollution. Much of the experience and k... more This chapter investigates the causes of transboundary air pollution. Much of the experience and knowledge comes from the context of the global North, with far less known about problems of transboundary air pollution across Africa, Asia, and Latin America. The chapter then discusses the role of customary law rules in the field before turning to a discussion of the main treaty regimes addressing transboundary air pollution in Europe and North America, as well as the more recent 2002 Association of South East Asian Nations (ASEAN) Transboundary Haze Pollution Agreement. As yet, there is no global treaty addressing air pollution and this seems unlikely to emerge. The chapter concludes that further regulation will likely come through regional efforts, as well as intersection with the climate regime.
... Titre du document / Document title. Stephen C. McCaffrey, The Law of International Watercours... more ... Titre du document / Document title. Stephen C. McCaffrey, The Law of International Watercourses: Non-Navigational Uses (Oxford: Oxford University Press, 2001) 500 pages. Auteur(s) / Author(s). Okowa Phoebe N. ; Revue / Journal Title. ...
This book seeks to present environmental justice perspectives as applied to transnational problem... more This book seeks to present environmental justice perspectives as applied to transnational problems, addressing the extent to which justice notions have penetrated environmental protection laws operating across borders. The contributions derive in the main from a ...
This chapter examines the legal regime governing the admissibility of claims in international adj... more This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.
This article examines the compatibility of the extraterritorial application of unilateral legisla... more This article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the ...
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