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Procedure and Substance in International Environmental Law


ISBN13: 9789004444379
Published: December 2020
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback
Price: £18.00



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The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic's low profile is due to the mostly uncontroversial nature of the field's distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement's retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the "proceduralization" of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

Subjects:
Environmental Law

Series: Pocketbooks of the Hague Academy of International Law

"Soft Law" in International Commercial Arbitration ISBN 9789004462892
Published April 2021
Brill Academic Publishers
£15.00
£18.00
Treaties and their Practice: Symptoms of Their Rise or Decline ISBN 9789004394568
Published January 2019
Brill Nijhoff
£15.00
The Allocation of Power between Arbitral Tribunals and State Courts ISBN 9789004388918
Published November 2018
Brill Nijhoff
£18.00
International Law Relating to Islands ISBN 9789004361539
Published February 2018
Brill Nijhoff
£18.00
International Arbitration and Private International Law ISBN 9789004348257
Published June 2017
Brill Nijhoff
£18.00
The Law of Global Governance ISBN 9789004279117
Published July 2014
Brill Nijhoff
£15.00
The Secession of States and Their Recognition in the Wake of Kosovo ISBN 9789004257481
Published August 2013
Brill Nijhoff
£15.00
Non-discrimination in the World Trade Organization ISBN 9789004233140
Published July 2012
Brill Nijhoff
£18.00
Private International Law as Component of the Law of the Forum ISBN 9789004226340
Published January 2012
Brill Nijhoff
£18.00
£18.00
£18.00
International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
£18.00
Lis Pendens in International Litigation ISBN 9789004179097
Published September 2009
Brill Academic Publishers
£15.00
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers
£15.00
£15.00