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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published

Prior Informed Consent and Hazardous Trade: Regulating Trade in Hazardous Goods at the Intersection of Sovereignty, Free Trade and Environmental Protection

ISBN13: 9789041128218
Published: March 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £93.00

Despatched in 11 to 13 days.

Over the past twenty years or so several global and regional agreements have emerged to address the problems associated with international shipments of hazardous substances. Such agreements are found in three main areas covering three categories of goods: hazardous wastes (Basel convention, Bamako convention, and a number of regional agreements), certain chemicals (Rotterdam Convention), and genetically modified organisms (Cartagena Protocol). .

This ground-breaking study is the first book to take a comprehensive approach to the subject of transboundary shipments of hazardous substances and the instruments employed for regulating such shipments. It fully explains which types of trade regulating instruments are employed by which agreements, and then goes on to evaluate the pros and cons of these instruments with respect to their compatibility with international legal norms, especially WTO law.

At the heart of the thesis is a recognition that the concept of prior informed consent (PIC) – a relatively new instrument for controlling international trade flows – has become a central tenet in hazardous trade regulation. The author demonstrates that PIC seems to offer a promising way to strengthen the ability to protect the environment and human health without unnecessarily impeding the free flow of goods, thus effectively addressing persistent conflicts between trade and environmental protection. Taken in conjunction with other trade-regulating measures, his analysis assesses the PIC concept/procedure from three perspectives: its effect on state sovereignty, its potential for enhancing environmental and health protection in importing states, and its relationship with the free-trade regime, represented primarily by the GATT and the SPS and TBT Agreements of the WTO.

The analysis also includes coverage of the pertinent export laws of the EU and the United States, and of the export and import laws of India pertaining to potentially hazardous substances and products.

Prior Informed Consent and Hazardous Trade vividly clarifies the objectives pursued by the international regulation of trade in hazardous substances – to strengthen regulatory control, to protect human health and the environment, and to prevent unjustified impediments to free trade. In its deeply-informed assessment of the relative weight attributed to each of these objectives, and in its keen analysis of the implications of that weighing on effective decision-making capacity with respect to hazardous trade, this book will be of immeasurable value to lawyers, policymakers and academics working with issues related to transboundary movements of hazardous substances, and especially with conflicts between trade and environmental protection.

Environmental Law

Series: Energy and Environmental Law and Policy Series

The Instrumentalisation of Property: Legal Interests in the EU Emissions Trading System ISBN 9789041154200
Published October 2014
Kluwer Law International
International Energy Investment Law: Stability Through Contractual Clauses ISBN 9789041134110
Published January 2011
Kluwer Law International
Compensating Catastrophe Victims: A Comparative Law and Economics Approach ISBN 9789041132635
Published October 2010
Kluwer Law International
Maritime Pollution Liability and Policy: China, Europe and the U.S. ISBN 9789041128690
Published October 2010
Kluwer Law International
The Role of the Judiciary in Environmental Governance: Comparative Perspectives ISBN 9789041127082
Published May 2009
Kluwer Law International
Legal Systems and Wind Energy: A Comparative Perspective ISBN 9789041128317
Published March 2009
Kluwer Law International