International Environmental Disputes: A Reference Handbook

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Overview

International Environmental Disputes is a thought-provoking examination of the world's most pressing environmental problems and the attempts to remedy them through international law. From the dumping of ash in the Danube and the disposal of waste in western Africa to the effects of the Everglades sugar industry, the work explores such topics as the role of the United Nations, the debate over sustainable development, environmental ethics, biopiracy, and radioactive material in space satellites.

The book covers issues such as treaties on the ozone layer, global climate change, and the Kyoto protocol. A chapter devoted to the United States discusses the international environmental impact of its economy. Biographical sketches introduce readers to a diverse cast of characters including a New Guinea tribal elder and a Japanese TV personality.

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Product Details

  • ISBN-13: 9781851097739
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 12/15/2005
  • Series: Contemporary World Issues Series
  • Edition description: New Edition
  • Pages: 341
  • Product dimensions: 6.30 (w) x 9.10 (h) x 1.20 (d)

Table of Contents

Preface and Acknowledgments
1 International Environmental Law in Context 1
Sources of International Law 4
Before 1941 8
1941: The Trail Smelter Arbitration 14
1941-1972: From the Trail Smelter Arbitration to the Stockholm Declaration 16
1972: The Stockholm Declaration 19
1972-Present: After Stockholm 20
The Role of the United Nations and Its Specialized Agencies 24
Fundamental Concepts in International Environmental Law 27
Rule-Making, Enforcement, and Dispute Resolution 27
The "North-South" Conflict: The Underlying Tension between Environment and Development 31
Sustainable Development and Related Concepts 33
Philosophical Approaches to International Environmental Law 37
Summary 38
Sources and Further Reading 39
Books and Articles 39
Treaties and Other International Agreements 43
Other International Materials 45
2 Problems, Controversies, and Solutions 49
The Classic Model of International Dispute Resolution: The Gabcikovo-Nagymaros Dispute 51
Other International Environmental Problems in Central and Eastern Europe: The Tisza Cyanide Spill 60
Agricultural Policy and Foreign Trade: Irreconcilable Differences? 62
Antarctica: A Successful Mature Treaty Regime 68
Atmospheric Pollution: Two Qualified Successes and One Partial Failure 70
Transboundary Air Pollution 70
Ozone Depletion 71
Climate Change 73
Biodiversity and Biopiracy 79
Other Areas of Dispute 85
Disposal of Toxic and Hazardous Substances on Land 86
Fresh Water 88
The Ocean 89
Space 91
Summary 93
Sources and Further Reading 94
Books and Articles 94
Treaties and Other International Agreements 99
Other International Materials 102
3 Special Issues for the United States 105
International Law in U.S. Practice 106
Treaties 106
Custom 107
Foreign Law in U.S. Courts 109
Extraterritorial Application of U.S. Environmental Laws 110
The Comprehensive Environmental Resource Control and Liability Act (CERCLA) 114
The Marine Mammal Protection Act (MMPA) 115
The Resource Conservation and Recovery Act (RCRA) 116
The Environment and Trade: The Case of the Everglades 118
The Environment and War 121
Pancevo 122
Depleted Uranium 125
Is a Fifth Geneva Convention Needed? 127
Summary 127
Sources and Further Reading 128
Books and Articles 128
Cases, Statutes, and Other U.S. Legal Materials 131
Treaties and Related Documents 132
Other International Materials 133
Other U.S. Materials 133
4 Chronology 135
5 Biographical Sketches 157
Tom Beanal (1947-) 158
Gro Harlem Brundtland (1939-) 161
Akiko Domoto (1932-) 163
Bjorn Lomborg (1965-) 165
Vera Mischenko (1953-) 168
Harrison Ngau Laing 170
Ken Saro-Wiwa (1941-1995) 172
Marina Silva (1958-) 176
Janos Vargha (1949-) and Duna Kor 178
Sources and Further Reading 180
6 Treaties, Cases, Reports, and Other Documents 185
Sources of International Law 185
Statute of the International Court of Justice, Articles 38 and 59 185
The Restatement (Third) of the Foreign Relations Law of the United States, [section section]102-03 186
Treaties 190
Antarctic Treaty 190
Antarctic Treaty Environmental Protection Protocol 192
Basel and Bamako Conventions 193
ENMOD 200
Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution 201
Law of the Sea Convention 203
Outer Space Treaty 209
Protocol I to the Geneva Conventions of 1949 210
Protocol II to the Geneva Conventions of 1949 211
Rome Statute on the International Criminal Court 212
International Courts and Tribunals 214
Corfu Channel Case 214
Gabcikovo-Nagymaros Case 215
Trail Smelter Arbitration 220
Final Report of the Office of the Prosecutor for the International Criminal Court for the Former Yugoslavia Regarding Possible NATO War Crimes 221
Other International Materials 226
Bogota Declaration 226
Rio Declaration 231
Stockholm Declaration 236
U.S. Cases 237
Beanal v. Freeport-McMoRan 237
Environmental Defense Fund, Inc. v. Massey 242
7 Directory of Organizations, Associations, and Agencies 251
Intergovernmental Organizations 252
Treaty Secretariats 262
Nongovernmental Organizations 267
8 Selected Print and Nonprint Resources 273
Books (General) 274
Books (Reference and Directories) 279
Journals 281
Journal, Magazine, and Newspaper Articles and Occasional Papers 302
Treaties and Other International Agreements 308
Other International Materials 312
U.S. Materials 314
Cases 314
Statutes and Other Materials 315
Web Resources 316
Index 319
About the Author 341
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