This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of...

Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions...

The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis discusses the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank faced the challenges stemming from such projects, and analyzes the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. It then examines the main features, as well as the implementation experience, of each of the policies issued in 1956, 1965, and 1985. The principles of international water law...

This book provides a comprehensive examination of the different aspects of IUU fishing and the various measures embodied in international fisheries and related instruments, and those adopted by regional fisheries management organisations and individual States to combat IUU fishing.

Ship recycling conserves resources, employs an unskilled workforce, and removes outdated tonnage. Operating mainly on the Indian subcontinent, this 'primitive' industry often results in loss of human life and pollution of the marine environment. Despite moral indignation, the international community has struggled to manage this industry and only recently completed the IMO International Convention for the Safe and Environmentally Sound Recycling of Ships. Using the Indian experience on shipbreaking as a case study, this book assesses the strengths and weaknesses of the Convention. The author...

The management of transboundary fish stocks might be described as a complex mosaic. Multiple fora are trying to incrementally shift the fisheries management course towards a sustainable future. Recasting Transboundary Fisheries Management Arrangements in Light of Sustainability Principles reviews and critiques key recasting efforts with a primary focus on Canada's transboundary fisheries management arrangements for the Pacific and Atlantic oceans. It provides a primer on the international law and policy framework governing transboundary fisheries and offers bilateral and regional case...

Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets....

Sustainable development is the contemporary philosophy that is dominating the environmental protection movement. At a United Nations Conference in Johannesburg in 2002, sustainable development was defined as development that "promote s] the integration of economic development, social development and environmental protection--as interdependent and mutually reinforcing pillars." Sustainable Development: Towards a Judicial Interpretation examines the contribution of certain key aspects of environmental protection associated with the philosophy of sustainable development that has emerged...

Risk has always been an element of life. Yet modern technology continues to spread environmentally hazardous activity beyond State boundaries. These hazardous--yet socially useful--activities exist in a grey area between legality and wrongfulness. The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection, within the realm of international law. The text explores questions such as the lawfulness of acts which negatively affect the environment, as well as who should be liable for transfrontier...

The problem of places of refuge for ships in distress is a pressing issue in maritime circles. Places of Refuge for Ships in Distress by Anthony Morrison examines the problem in the context of international and national law and analyses the remedies that have been suggested for resolving this troubling issue. The book examines places of refuge under international law, the laws of four major maritime States and the European Union. Places of Refuge for Ships in Distress analyses two proposed solutions - voluntary guidelines and a new convention. The book asserts that additional...