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Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules

Author: Lee Jing

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-17

Total Pages: 447

ISBN-13: 9004268391

In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.

International Watercourses Law and Multilateral Environmental Agreements

Author: Yang Liu

Publisher: BRILL

Published: 2024-02-06

Total Pages: 625

ISBN-13: 9004689427

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This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.

The 'Ecosystem Approach' in International Environmental Law

Author: Vito De Lucia

Publisher: Routledge

Published: 2019-03-28

Total Pages: 272

ISBN-13: 1351366521

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The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.

International Law for Freshwater Protection

Author: Agnes Chong

Publisher: BRILL

Published: 2022-04-04

Total Pages: 417

ISBN-13: 9004511830

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This book traces the development of international water law that has come to privilege and the water utilisation rights of sovereign states over the environment. It argues that existing mechanisms in international law can be applied to improve environmental protection.

The UN Sustainable Development Goals

Author: Ilias Bantekas

Publisher: Oxford University Press

Published: 2023-10-26

Total Pages: 1489

ISBN-13: 0192885901

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In September 2015, the United Nations General Assembly adopted the 17 Sustainable Development Goals (SDGs). This historic document constituted a transformative 'plan for action for people, planet and prosperity' with regards to the sustainable development efforts of all countries. The Sustainable Development Goals serves as an expert compendium, the most authoritative ready-reference tool for anyone interested in the SDGs. Each chapter comprises a detailed target-by-target analysis of one of the SDGs, including a methodical analysis of the preparatory proceedings that shaped each goal in its present form, an exhaustive examination of their content, and a critical assessment from an international law perspective. This commentary provides readers with the most up-to-date information on normative and legal questions arising from the incorporation of the SDGs into the international economic, social, and environmental legal frameworks, and on their implementation status. Scholars, practitioners, and those interested in the fields of law, politics, development, economics, environmental studies, and global governance will find this book a must-read.

Netherlands Yearbook of International Law 2020

Author: Maarten den Heijer

Publisher: Springer Nature

Published: 2022-08-26

Total Pages: 446

ISBN-13: 9462655278

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This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Water Law

Author: Joseph W. Dellapenna

Publisher: Edward Elgar Publishing

Published: 2021-08-31

Total Pages: 544

ISBN-13: 1783477008

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This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.

The Governance Regime of the Mekong River Basin

Author: Rémy Kinna

Publisher: BRILL

Published: 2017-05-08

Total Pages: 92

ISBN-13: 9004345701

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Entry into force of the UN Watercourses Convention in August 2014, and the opening of the UNECE Water Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement reveals that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up-to-date, robust and practical. The Governance Regime of the Mekong River Basin: Can the Global Water Conventions Strengthen the 1995 Mekong Agreement? contends that strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Due to these fast-moving developments, Kinna and Rieu-Clarke strongly recommend that the Mekong states should seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.

Research Handbook on International Water Law

Author: Stephen C. McCaffrey

Publisher: Edward Elgar Publishing

Published:

Total Pages: 584

ISBN-13: 1785368087

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The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience. The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses.

Research Handbook on International Law and Natural Resources

Author: Elisa Morgera

Publisher: Edward Elgar Publishing

Published: 2016-11-25

Total Pages: 568

ISBN-13: 1783478330

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Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.