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Vol 24 No 2 Feb/March 2019

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International, Regional and National Environmental Law

ISBN13: 9789041188458
ISBN: 9041188452
Published: May 2000
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £231.00

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The sources of environmental law are multiple and complex. They are international, regional, transnational, national and local. They are legislative, regulatory, judicial, customary, and scholarly. They are voluntary and mandatory; and even when mandatory, they frequently involve novel strategies for obtaining compliance. And they engage practitioners, students and scholars with both the most challenging scientific problems and the most basic needs of survival. This text - which is simultaneously a treatise on international environmental law, a comparative study of American and European approaches to environmental legal issues, and a deliberate integration of the various ""branches"" of environmental law into a new synthesis more suited to current and emerging realities - represents a co-operative achievement of two groups, American and German, of outstanding scholars. This dual provenance reveals a contrast of reason and principle, authority and text, that opens the way to new and deeper legal responses to the exigencies of environmental concerns.;In addition to in-depth descriptions of all the problems that beset our planet's air, soil, water, wildlife, polar regions, and atmosphere - and the protection of these environmental elements under international, regional, and national legal instruments - this book thoroughly examines the complex issues that lie at the heart of environmental law practice: liability, enforcement, compliance, due diligence, procedural obligations, performance standards, criminal sanctions, ""debt-for-nature swaps"", economic incentives and disincentives, reparation, dispute settlement, the powerful presence of the international trade regime, and many others. Some of the book's most revealing insights are to be found in its comparison of the authority and effectiveness of different approaches to common problems, such as the environmental laws and policies of Germany and the United States, and those contained in the European Union's environmental regime and the environmental side agreements to NAFTA. There is no other resource that combines the scope, currency, and comparative law value of this extraordinary work.

Preface. Part I: International Law and Environmental Law.
1. International Environmental Law: Purposes, Principles and Means of Ensuring Compliance; R. Wolfrum.
2. Institutions of International Environmental Law; V. Roben.
3. The Relationship of International, Regional, and National Environmental Law; F.L. Morrison.
4. The Relationship of International Environmental Law to International Economic Law; R.E. Hudec. Part II: International Environmental Law.
5. Transboundary Pollution; P.-T. Stoll.
6. Protection of the Global Atmospheric Components; B.B. Roben.
7. Preservation of the Marine Environment; R. Wolfrum, V. Roben, F.L. Morrison.
8. International Freshwaters; B.B. Roben.
9. Environmental Protection of Ice-Covered Regions; R. Wolfrum.
10. International Protection of Wildlife; W.C. Muffett.
11. The Protection and Management of Biological Diversity; R. Wolfrum.
12. International Protection of the Soil; S.C. Snyder, W.C. Muffett.
13. Hazardous Waste; F.L. Morrison, W.C. Muffett.
14. Hazardous Substances and Technologies; P.-T. Stoll. Part III: Regional Environmental Law in Europe and North America.
15. Environmental Law in the European Union; L. Kramer.
16. Environmental Cooperation in North America; W.C. Muffett. Part IV: National Environmental Law in Germany and the United States.
17. National Policies of Environmental Protection; R. Wolfrum, D.A. Farber, F.L. Morrison.
18. National Law: Air Pollution; R. Wolfrum, B. Goller, D.A. Farber.
19. National Enforcement of Global Atmospheric Treaties; B.B. Roben.
20. Alternatives to Direct Regulation; V. Roben.
21. National Law: Water Law; R. Wolfrum, B. Goller, D.A. Farber.
22. National Law: The Protection of Nature; B. Goller, F.L. Morrison.
23. National Law: The Protection of Soil; B. Goller, F.L. Morrison.
24. National Law: Public Waste Disposal; B. Goller, F.L. Morrison.
25. Environmental Liability at the National Level; B.B. Roben.
26. National Law: Environmental Criminal Law; E. Samson, F.L. Morrison. Part V: Common Themes of Environment and Law.
27. Changing Approaches to Environmental Law; F.L. Morrison.
28. Civil Liability as a Control Mechanism for Environmental Protection at the International Level; B.B. Roben.
29. Access to Environmental Information; D.A. Farber, F.L. Morrison.
30. Economic Incentives as Control Measures; S. Schuppert.
31. Financial Mechanisms; W. Plessman.
32. From Private to Public: Giving Effect to the `Debt' Component of Debt-for-Nature Swaps; J. Heep.
33. Technical Cooperation and Technology Transfer; P.-T. Stoll. Index. Table of Cases. Table of National Laws. Table of Treaties. About the Authors.