The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.
This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
International environmental law is part and parcel of international law and it should be viewed from that perspective, according to Professor Fitzmaurice, Professor at Queen Mary College at the University of London. Certain features of international environmental law have contributed to the development of general international law. In her introduction, Professor Fitzmaurice places international environment law within its historical framework. She then presents the principal elements of international environmental law: sources, formation and kinds of legal rules. Professor Fitzmaurice then examines the development of new concepts and principles proper to international environmental law, such as the principle of the common heritage of mankind. Professor Fitzmaurice also describes the liability regime regarding state responsibility for environmental damage (responsibility ex delicto or sine delicto). The author then examines some general principles of the modern approach to the environment, the elements of preventive approach. She also raises the question of human rights and the environment: the right to a clean environment. In the two last chapters, Professor Fitzmaurice studies the mechanisms for environmental dispute avoidance and settlement, and presents some case studies to illustrate the theoretical and practical problems of contemporary international environmental law"--Publisher's description.
. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.
This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.
This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that continues to lead to many long-lasting conflicts. The authors of this book make a valuable contribution to ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. They examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses, and provide an analysis of numerous bilateral and multilateral instruments, which demonstrate that even between States with different political and social systems and different policy goals, co-operation with respect to water can also be beneficial to all parties. The authors also examine the wider regional co-operation between these Nordic countries and Russia; co-operation which provides a blueprint for watercourse co-operation in other regions of the world. This book will appeal to both practitioners and academics.
One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that continues to lead to many long-lasting conflicts. The authors of this book make a valuable contribution to ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. They examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses, and provide an analysis of numerous bilateral and multilateral instruments, which demonstrate that even between States with different political and social systems and different policy goals, co-operation with respect to water can also be beneficial to all parties. The authors also examine the wider regional co-operation between these Nordic countries and Russia; co-operation which provides a blueprint for watercourse co-operation in other regions of the world. This book will appeal to both practitioners and academics.
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