Research Handbook on International Environmental Law

2nd edition

9781786439703 Edward Elgar Publishing

Research Handbooks in International Law series

Edited by Malgosia Fitzmaurice, Professor of International Law, Queen Mary University of London, UK, Marcel Brus, Professor of Public International Law and Panos Merkouris, Professor, Chair on Interpretation and Dispute Settlement in International Law, University of Groningen, the Netherlands with Assistant Editor Agnes Rydberg, Lecturer in International Law, University of Sheffield, UK

Publication Date: 2021 ISBN: 978 1 78643 970 3 Extent: 544 pp

This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

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Contents

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This thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change.

Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.

Contributors

Contributors: Virginie Barral, Kees Bastmeijer, Marcel Brus, Philippe Cullet, Nicolas de Sadeleer, Mark A. Drumbl, Olufemi Elias, Malgosia Fitzmaurice, Duncan French, Alexander Gillespie, Joanna Gomula, Marlies Hesselman, Karen Hulme, Rachael Lorna Johnstone, Markos Karavias, Natalie Klein, Danielle Kroon, Katharina Kummer Peiry, Gerhard Loibl, Panos Merkouris, Karen Morrow, Marie-Aure Perreaut Revial, Agnes Rydberg, Otto Spijkers, Kateřina Uhlířová, Geir Ulfstein, Doug Weir, Meagan Wong

Contents

Contents:

Preface xi

PART I THEORIES, CONCEPTS AND ACTORS OF
INTERNATIONAL ENVIRONMENTAL LAW AND GOVERNANCE
1 Actors and law-making in international environmental law 2
Mark A. Drumbl and Kateřina Uhlířová
2 Participation of non-State actors and global civil society in international
environmental law-making and governance 46
Otto Spijkers
3 Corporate responsibility for environmental harm 63
Markos Karavias
4 International framework for environmental decision-making 84
Geir Ulfstein
5 An introduction to ethical considerations in international environmental law 107
Alexander Gillespie

PART II PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW
6 Sustainable development 131
Duncan French
7 The principles of prevention and precaution in international law: two
heads of the same coin? 152
Nicolas de Sadeleer
8 Environmental impact assessment 189
Olufemi Elias and Meagan Wong
9 Common but differentiated responsibilities 210
Philippe Cullet

PART III DISPUTE SETTLEMENT AND COMPLIANCE
10 Settlement of international environmental law disputes 231
Natalie Klein and Danielle Kroon
11 Environmental disputes in the WTO 260
Joanna Gomula
12 Compliance procedures and mechanisms 294
Gerhard Loibl

PART IV HUMAN RIGHTS AND CLIMATE CHANGE
13 International climate law 322
Marie-Aure Perreaut Revial
14 Human rights and the environment: substantive rights 345
Karen Morrow
15 Domestic climate litigation’s turn to human rights and international climate law 368
Marlies Hesselman
16 Environmental protection in armed conflict 394
Karen Hulme and Doug Weir

PART V SELECTED ENVIRONMENTAL PROTECTION REGIMES
17 The relationship between the law of international watercourses and
sustainable development 415
Malgosia Fitzmaurice and Virginie Barral
18 International chemicals and waste management 443
Katharina Kummer Peiry
19 Environmental protection in the Antarctic and the Arctic: the role of
international law 461
Kees Bastmeijer and Rachael Lorna Johnstone

Index