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International Environmental Disputes: A Reference Handbook by Aaron Schwabach

By Aaron Schwabach

Foreign Environmental Disputes is a thought-provoking exam of the world's such a lot urgent environmental difficulties and the makes an attempt to therapy them via foreign legislation. From the dumping of ash within the Danube and the disposal of waste in western Africa to the results of the Everglades sugar undefined, the paintings explores such themes because the function of the United international locations, the controversy over sustainable improvement, environmental ethics, biopiracy, and radioactive fabric in area satellites.The ebook covers concerns corresponding to treaties at the ozone layer, international weather switch, and the Kyoto protocol. A bankruptcy dedicated to the U.S. discusses the overseas environmental effect of its financial system. Biographical sketches introduce readers to a various solid of characters together with a brand new Guinea tribal elder and a eastern television character.

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Extra resources for International Environmental Disputes: A Reference Handbook

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Principle 21 thus extended state responsibility to include harm to areas beyond national jurisdiction: the oceans, the deep seabed, and Antarctica. From an environmentalist perspective, this is only common sense: Important parts of ecosystems lie outside national jurisdiction, and in order to protect an ecosystem as a whole, these parts must also be protected. From an international 20 International Environmental Law in Context law perspective, however, the idea of imposing responsibility for actions that did not cause direct harm (or perhaps any harm) to another state was radical.

It appears in the Stockholm and Rio declarations, and in dozens of newer national constitutions such as those of Hungary and South Africa. In conventional international law the connection between human rights and environmental destruction in wartime can be seen in Protocol I to the Geneva Conventions and to a lesser extent in Protocol II, and references to environmental rights appear in the Convention on the Rights of the Child, the African Charter on Human and Peoples’ Rights, and the Additional Protocol to the American Convention on Human Rights.

For example, the Wingspread Statement on the Precautionary Principle, an aspirational document less well-known than the Rio Declaration, states the principle quite a bit more broadly. ” This broader statement would seem to be almost impossible to put into practice. The precautionary principle is subject to attack on economic grounds: It may lead to inefficient allocation of resources. In the worst case, of course, the perception of harm may ultimately turn out to have been incorrect, and a great deal of money, time, and effort may have been expended unnecessarily.

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