On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
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Transboundary Environmental Interference and the Origin of State Liability
Edited by: Poul F. Kjaer, Paulius Jurčys, Ren Yatsunami
This book examines hybridization as a defining phenomenon of regulatory frameworks in the transnational sphere. The contributions illustrate that globalization contributes to blurring the distinctions between national and international, public and private law; and that hybridization therefore ...
By Chiara Giorgetti, with a foreword by Professors Michael Reisman and Lea Brilmayer
This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an ...
By Neyire Akpinarli
Current international law has not brought a more peaceful world order. An analysis of the concept of the “failed state” demonstrates the shortcomings of international law in addressing fundamental economic and social problems.
Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
In his book, Michael Koebele examines the potential liability of transnational corporations under the Alien Tort Statute (also known as Alien Tort Claims Act) for violations of international law in connection with their operations and investments worldwide.
Edited by Russell Miller Washington & Lee University School of Law and Rebecca Bratspies CUNY School of Law
Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future ...
Edited by Matthew Craven, Malgosia Fitzmaurice and Maria Vogiatzi
Alfred M. Boll. Foreword by Judge Kenneth Keith
L. Ali Khan
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