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Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

Author: Allen L Springer
Publisher: University of Toronto Press
ISBN: 9781442635180
Published In: April 2016
Format: Hardback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law-both its content and its relevance become clearer in times of controversy-but conflict can also help shape the law.

Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict focuses on six transboundary disputes to demonstrate how they have influenced the development of international environmental law and policy.

Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.

Preface

1. Introduction

Architectural Engineers

Transboundary Environmental Disputes

The Argument

The Cases

An Overview

Endnotes

2. Trail Smelter and Beyond: Evolving Regimes, Emerging Principles

Historical Perspective

The Trail Smelter Legacy

Evolving Regimes

The Stockholm Conference on the Human Environment

Stockholm to Rio

Rio and Beyond

Emerging Principles

State Responsibility/Liability

Mitigating Risk

Common Heritage

Common but Differentiated Responsibilities

Polluter Pays Principle

Precautionary Principle

Sustainable Development

The Broader Setting

Endnotes

3. Indonesian Haze

Introduction

The Context

The Dispute

Legal Issue: State Environmental Responsibility

The Resolution

Post-Dispute Developments

Analysis

Endnotes

4. Baia Mare Cyanide Spill

Introduction

The Context

The Dispute

Legal Issue: Liability and Compensation

The Resolution

Post-Dispute Developments

Analysis

Endnotes

5. MOX at Sellafield

Introduction

The Context

The Dispute

Legal Issue: Regulating Risk

The Resolution

Post-Dispute Developments

Analysis

Endnotes

6. Turbot War

Introduction

The Context

The Dispute

Legal Issue: Unilateral State Action

The Resolution

Post-Dispute Developments

Analysis

Endnotes

7. Voyage of the Clemenceau

Introduction

The Context

The Dispute

Legal Issue: Regime Complexity

The Resolution

Post-Dispute Developments

Analysis

Endnotes

8. Uruguayan Pulp Mills

Introduction

The Context

The Dispute

Legal Issue: International Adjudication

The Resolution

Post-Dispute Developments

Analysis

Endnotes

9. Conclusions

Introduction

Transboundary Environmental Disputes

Law Shapes the Dispute

Disputes Shape the Law

Law from Conflict

Bibliography

Index.

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