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Vol 24 No 1 Jan/Feb 2019

Book of the Month

Cover of Blackstone's Civil Practice 2019

Blackstone's Civil Practice 2019

Edited by: Stuart Sime, Derek French
Price: £325.00

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Authority and Legitimacy of Environmental Post-Treaty Rules

ISBN13: 9781509925568
To be Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

In the last few years in international law, more and more regulation comes in the form of post treaty rules. This book offers the first systematic examination of the rules, which are made up of a combination of decisions, regulations and recommendations, to assess their efficiency.

The study shows that the authority of these rules is in question as, in practice, member states retain almost complete discretion in their exercise. This conclusion gives rise to the key question; to what extent does this ambiguous authority affect respect/adherence to procedural principles in the practice of the application? This in turn leads to more far-reaching questions of legal certainty, non-arbitrariness and the duty to state reasons.

In assessing this question of legitimacy, the study shines a light on this crucial but neglected question in international law scholarship and forms a starting point for improvements and reform.

Environmental Law