. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.

This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.

Since 1985, the Law School at the University of Hull has hosted an annual lecture - the Josephine Onoh Memorial Lecture - given by a distinguished international lawyer. These annual lectures are funded by the Josephine Onoh Memorial Fund, established in 1984 by the family and friends of Josephine Onoh who was tragically killed in an air crash at Enugu, Nigeria, in November 1983. Josephine was a Hull law graduate, and at the time of her death was registered at the University for a research degree in the field of international law. This book contains a collection of these annual lectures. The first lecture in 1985 was given by the late Judge Taslim Elias, at that time President of the International Court of Justice. Subsequent lectures have been given by both leading practitioners and professors of international law, including Sir Robert Jennings, Bin Cheng, Sir Ian Sinclair, Philip Allott, Henry Schermers, Lord Mackenzie-Stuart, Alexandre-Charles Kiss, Dame Rosalyn Higgins, Peter Sand, Ian Brownlie, Christopher Greenwood, Marti Koskenniemi, and Ralph Zacklin. The lectures reflect some of the most significant international concerns of the last two decades. The subjects they address include new trends in international law, international courts and politics, the practitioner's view of international law, international law and revolution, the European Convention of Human Rights, European Community law concepts, the global environment and international law, the current role of the United Nations, international environmental trust funds, international boundary law, international law and imperialism, and humanitarian intervention. This important collection of essays by some of the leading international law figures of our generation will be of equal value to all interested in international law, whether the academic or the practitioner.

This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.

This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: • The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. • The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. • Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. • Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. • Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.

This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.

This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.