By Tuomas Kuokkanen
This crucial e-book makes an unique and glossy contribution to the research of "international environmental law", addressing its improvement over 3 time classes: the conventional interval, the fashionable period, and the post-modern interval. Kuokkanen's thesis is that this: within the conventional interval there has been no transparent contrast among the safety of our environment and the exploitation of common assets; in the course of the smooth interval the topics grew to become thoroughly separated; and within the post-modern period there was an attempt to reconcile fiscal pursuits and environmental issues. The paintings demanding situations the reader to contemplate overseas environmental legislation and its improvement inside a broader framework, and during a lens which differs from that taken in different places. The booklet offers a magnificent landscape of the crucial foreign felony advancements over the last century during this sector, and effectively pinpoints the tensions among environmental and financial gadgets over the last century. A well timed and demanding contribution.
Read or Download International Law and the Environment:Variations on a Theme (The Erik Castren Institute Monographs on International Law and Human Rights, V. 4) PDF
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Additional info for International Law and the Environment:Variations on a Theme (The Erik Castren Institute Monographs on International Law and Human Rights, V. 4)
It is plain that neither party could have had, in framing these restrictions, any such intention as that now suggested. The fact, if such it were, that the parties did not think of the possibility of such acts as those now com17 Simsarian (1939) p. 32. Official Opinions of the Attorneys-General of the United States, Advising the President and Heads of Departments in Relation to Their Official Duties, Vol. XXI, Treaty of Guadalupe Hidalgo — International Law, Opinion by Judson Harmon p. 274-283.
The classical environment-related disputes - the North Atlantic Coast Fisheries case, the Bering Sea cases, the Lake Lanoux case and the Trail Smelter case — were settled by arbitration procedures. The Trail Smelter case was also a great achievement in settling a substantive environmental dispute. Even though the Corfu Channel case did not involve environmental issues, the dicta by the International Court of Justice in that case makes it relevant to environmental issues because the findings also apply to environmental disputes.
The traditional approach grew from that failed attempt to solve environmental problems by applying the doctrine of absolute sovereignty. Legal methods and techniques representing the traditional approach began to evolve along with the seminal cases and doctrines of the classical period. These methods and techniques are not "historical" in the sense that they are no longer relevant. On the 27 See Minor (1994) p. 200 p. "). XXX Introduction contrary, they are classical and, as such, are still applicable irrespective of what approach to environmental issues is otherwise dominant.
International Law and the Environment:Variations on a Theme (The Erik Castren Institute Monographs on International Law and Human Rights, V. 4) by Tuomas Kuokkanen