Paula M Pevato - International Environmental Law, Volumes I and II

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International Environmental Law
Volume I

The Library of Essays in International Law

General Editor: Robert McCorquodale

Titles in the Series

International Human Rights Law, Volumes I and II
Michael K. Addo

International Law and Indigenous Peoples
S. James Anaya

Law of the Sea
Hugo Caminos

The Law of Treaties
J. Scott Davidson

Humanitarian Law
Judith Gardam

International Peacekeeping
Boris Kondoch

International Economic Regulation
Jane Kelsey

Sources of International Law
Martti Koskenniemi

International Dispute Settlement
Mary Ellen O 'Connell

International Crimes
Nikos Passas

International Environmental Law, Volumes I and II
Paula M. Pevato

State Responsibility in International Law
Ren Provost

Jurisdiction in International Law
Michael Reisman

Title to Territory
Malcolm Shaw

The Nature of International Law
Gerry Simpson

International Environmental Law Volume I

Edited by
Paula M. Pevato
Public International Lawyer, Barrister and Solicitor, Canada

First published 2003 by Ashgate Publishing

Reissued 2018 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor and Francis Group, an informa business

Copyright Paula M. Pevato 2003.
For Copyright of individual articles please refer to the Acknowledgements.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publisher's Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 2002074717

ISBN 13: 978-1-138-71286-7 (hbk)

ISBN 13: 978-1-315-19921-4 (ebk)

Contents

1. ii
2. liii
3. liv
4. lv
5. lvi
6. lvii
7. lviii
8. lix
9. lx
10. lxi
11. lxii

Guide

The editor and publishers wish to thank the following for permission to use copyright material.

American Association for the Advancement of Science for the essay: Garrett Hardin (1968), 'The Tragedy of the Commons', Science , 162 , pp. 1243-8. Copyright 1968 American Association for the Advancement of Science.

American Society of International Law for the essays: Edith Brown Weiss (1990), 'Our Rights and Obligations to Future Generations for the Environment', American Journal of International Law , , pp. 198-207. Copyright 1990 American Society of International Law; Robin R. Churchill and Geir Ulfstein (2000), 'Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law', American Journal of International Law , , pp. 623-59. Copyright 2000 American Society of International Law.

Blackwell Publishers Limited for the essay: Paula M. Pevato (1999), 'A Right to Environment in International Law: Current Status and Future Outlook', Review of European Community and International Environmental Law , , pp. 309-21. Copyright 1999 Blackwell Publishers Ltd.

Chicago-Kent College of Law for the essay: A. Dan Tarlock (1992), 'The Role of Non-Governmental Organizations in the Development of International Environmental Law', Chicago-Kent Law Review , , pp. 61-76.

Indiana University for the essay: Daniel Bodansky (1995), 'Customary (And Not So Customary) International Environmental Law', Global Legal Studies Journal , , pp. 105-119.

International Music Publications Ltd for the Lyrics: 'Goodbye To A River', Words and Music by Donald Henley, Stanley Lynch, Jay Winding and Frank Simes. Copyright 2000 Wisteria Music, Matanzas Music, Dobbs Music Inc and Frank Simes Music, USA. (75%) Warner/ Chappell North America Ltd, London W6 8BS. Reproduced by permission of International Music Publications Ltd. All Rights Reserved.

Kluwer Law International for the essay: Gnther Handl (1990), 'Environmental Security and Global Change: The Challenge to International Law', Yearbook of International Environmental Law , , pp. 3-33. Copyright 1991 Graham &Trotman, With kind permission of Kluwer Law Review.

Melbourne University Law Review for the essay: Patricia Birnie (1995), 'Environmental Protection and Development', Melbourne University Law Review, , pp. 66-100.

O'Brien Center for Scholarly Publications for the essay: David D. Caron (1991), 'Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Lawmaking', Hastings International and Comparative Law Review , , pp. 755-80. Copyright 1991 Hastings College of the Law.

Oxford University Press for the essays: Allen L. Springer (1977), 'Towards a Meaningful Concept of Pollution in International Law', International and Comparative Law Quarterly, , pp. 531-57; Owen McIntyre and Thomas Mosedale (1997), 'The Precautionary Principle as a Norm of Customary International Law', Journal of Environmental Law , , pp. 22141. Copyright 1997 Oxford University Press.

Southern California Law Review for the essay: Christopher D, Stone (1972), 'Should Trees Have Standing?-Toward Legal Rights for Natural Objects', Southern California Law Review , , pp. 450-501.

Tulane Journal of International and Comparative Law for the essay: Gnther Handl (1997), 'Compliance Control Mechanisms and International Environmental Obligations', Tulane Journal of International and Comparative Law , , pp. 2949. Copyright 1997 Tulane Journal of International and Comparative Law.

University of Michigan for the essay: Pierre-Marie Dupuy (1991), 'Soft Law and the International Law of the Environment', Michigan Journal of International Law , 12 , pp. 420-35.

Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangement at the first opportunity.

Open a newspaper, listen to the radio or watch television any day of the week and you will read or hear of some matter concerning international law. The range of matters include the extent to which issues of trade and human rights should be linked, concerns about refugees and labour conditions, negotiations of treaties and the settlement of disputes, and decisions by the United Nations Security Council concerning actions to ensure compliance with international law. International legal issues have impact on governments, corporations, organisations and people around the world and the process of globalisation has increased this impact. In the global legal environment, knowledge of international law is an indispensable tool for all scholars, legal practitioners, decision-makers and citizens of the 21st century.

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