Emerging Principles of International Environmental Law 1st Edition by Sumudu Atapattu – Ebook PDF Instant Download/Delivery: 9789047440147, 9047440145
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ISBN 10: 9047440145
ISBN 13: 9789047440147
Author: Sumudu Atapattu
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.
Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction.
While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies.
The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues.
Emerging Principles of International Environmental Law 1st Table of contents:
Chapter 1: From Stockholm to Johannesburg via Rio: The Emergence of International Sustainable Development Law
A. Internationalization of Environmental Protection and the Erosion of the Domestic Jurisdiction Clause
- Emergence of International Environmental Law and Cross-Border Environmental Issues
- From Global to Internal
- “Internationalization” of Environmental Protection
B. Other Related Developments
- Human Rights, Good Governance and the Environment
a. Right to a Healthy Environment
i. What Are the Parameters of the Right to Environment?
ii. Who Are the Beneficiaries of the Right?
iii. The Anthropocentric Nature of the Right to Environment
iv. Who Are the Protectors of the Right?
b. Emergence of a Right to Environment Under International Law
c. Ksentini Reports
d. Regional Instruments - Globalization, International Trade and the Environment
a. Trade Measures in Multilateral Environmental Treaties
b. The Use of Environmental Measures as Barriers to International Trade
c. Intellectual Property Issues and Indigenous Knowledge - Health, Environmental Protection, and Human Rights
- Poverty and Environmental Protection
- From State Responsibility to the Principle of Global Partnership
- Environment, Armed Conflict and Sustainable Development
- Development Assistance and Environmental Protection
- World Bank Environmental Guidelines and Environmental Strategy
- The Global Environment Facility
C. Conclusion
Chapter 2: Sustainable Development: Emergence and Application
A. Introduction
B. Emergence of Sustainable Development and Its Significance
- Stockholm Declaration
- World Conservation Strategy
- World Commission on Environment and Development
- Rio Declaration and Agenda 21
- World Summit on Sustainable Development and Plan of Implementation
C. Definition and Parameters of Sustainable Development
- Report of the Experts Group
a. The Right to Development
b. The Right to a Healthy Environment
c. Eradicating Poverty
d. Equity
e. Duty to Cooperate in a Spirit of Global Partnership
f. Common Concern of Mankind
g. Common Heritage of Mankind
h. Cooperation in a Transboundary Context - New Delhi Principles on Sustainable Development
D. Operationalizing Sustainable Development
E. Substantive Elements of Sustainable Development
- Principle of Integration
- Principle of Integrated Decision Making
F. Procedural Elements of Sustainable Development
G. Survey of International Instruments that Incorporate Sustainable Development
H. Application of Sustainable Development by International Bodies
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