Transnational Environmental Law Lessons in Global Change

About this book

This collection of essays advocates a different vision of international law for environmental protection and sustainable development. The perspective is widened beyond the traditional focus of so-called public international law. This is mainly concerned with territorial sovereignty, state responsibility, inter-state treaties and intergovernmental organizations. It encompasses neighbouring branches of law that are equally and increasingly relevant to transnational environmental relations and governance, including: private international law, in particular techniques and channels for the settlement or avoidance of conflicts primarily involving participants other than states; and international administrative law, in particular competing claims by authorities to regulate the environmental aspects of economic activities.

Contents

Preface. Introduction. I: New Ways of Making International Law. 1. Methods to Expedite Environmental Protection: International Eco-standards. 2. The Creation of Transnational Rules for Environmental Protection. 3. New Approaches to Transnational Environmental Disputes. 4. International Environmental Law After Rio. 5. To Treaty or Not to Treaty: A Survey of Practical Experience. II: The Impact of Innovative National Law. 6. Pollution Sanctions: New Alternatives to Civil Liability. 7. The Role of Domestic Procedures in Transnational Environmental Disputes. III: New Focal Areas. 8. Commodity or Taboo? International Regulation of Trade in Endangered Species. 9. The Rise of Regional Agreements for Marine Environmental Protection. 10. Regional Approaches to Transboundary Air Pollution. 11. Protecting the Ozone Layer. 12. The Montreal Regime: Sticks and Carrots. IV: A New Emphasis on the Effectiveness of Legal Institutions. 13. CITES and the Migratory Cactus. 14. Environmental Legislation and Technical Assistance. 15. Innovations in International Environmental Governance. 16. The Effectiveness of International Environmental Agreements: Taking Stock. 17. Trusts for the Earth: New International Financial Mechanisms for Sustainable Development. 18. International Economic Instruments for Sustainable Developments: Sticks, Carrots, and Games. 19. Institution-Building to Assist Compliance with International Environmental Law: Perspectives. 20. Bibliographical References. Index.

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