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Vol 21 No 11 Nov/Dec 2016

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The Peaceful Settlement of International Environmental Disputes

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Cesare P.R. RomanoCenter on International Cooperation, New York University, USA

ISBN13: 9789041198082
ISBN: 9041198083
Published: June 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures.;Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined. This book should be of value to legal scholars, academics, political scientists, environmentalists, and all those interested in the protection of the environment and the prevention of conflicts.

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Contents:
Acknowledgments. Preface. Abbreviations. Treaties and Other Agreements. Other International Documents. International Cases. Domestic Cases and Statutes. Introduction. I. International Environmental Disputes: What are They? II. Dispute Settlement Procedures in Multilateral Environmental Treaties. III. Case Studies. IV. Conclusions. Select Bibliography. Websites. Maps. Index.