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The Oxford Handbook of International Environmental Law edited by Bodansky, Daniel; Brunnée, Jutta; Hey, Ellen (7th August 2008)
- Preliminary Material
- Main Text
- Ch.1 International Environmental Law Mapping the Field
- 1 Some Distinctive Features of International Environmental Problems
- 2 Traditional State-Centric Approach
- 3 New Types of Environmental Concerns in International Law
- 4 Actors and Institutions
- 5 Normative Development
- 6 Compliance
- 7 Conclusion: Is International Environmental Law a Distinct Field?
- Recommended Reading
- Part I General Issues
- Ch.2 The Evolution of International Environmental Law
- Ch.3 Paradigms and Discourses
- Ch.4 Global Environmental Governance as Administration Implications for International Law
- Ch.5 Levels of Environmental Governance
- Ch.6 Formality and Informality
- Ch.7 Relationship Between International Environmental Law and Other Branches of International Law
- 1 Introduction
- 2 Re-interpretation as a Tool of Integration?
- 3 Inter-Relationship of Treaties in General
- 4 International Environmental Law and WTO Law
- 5 Interaction of Environmental Treaties: the LOSC and the CBD
- 6 Environment and Human Rights
- 7 Dispute Settlement and Applicable Law
- 8 Conclusions
- Recommended Reading
- Ch.8 Instrument Choice
- 1 Basic Types of Environmental Regulatory Instruments
- 2 Characteristics and Performance of Different Environmental Regulatory Instruments
- 3 Environmental Regulatory Instrument Choice in the Domestic Context
- 4 Environmental Regulatory Instrument Choice in the International Context
- 5 Conclusion: An Agenda for Future Research
- Recommended Reading
- Ch.9 Science and Technology from Agenda Setting to Implementation
- Part II Analytical Tools and Perspectives
- Ch.10 International Relations Theory
- 1 Introduction
- 2 Realism and Neo-Realism: IR’s Period of Hostility to IL
- 3 Rise of Neo-Liberal Institutionalism and Regime Theory
- 4 Alternatives to Institutionalist Regime Theory: Liberalism and Constructivism
- 5 Legalization and IR Theories
- 6 The Common IEL and IR Agenda
- 7 Conclusions and Cautions
- Recommended Reading
- Ch.11 An Economic Theory of International Environmental Law
- 1 Introduction
- 2 Why an ‘Economic’ Theory of International Environmental Law?
- 3 Why Not a General Theory of International Law?
- 4 Institutions and Organizations
- 5 Typology of Interdependence
- 6 Calculating Payoffs
- 7 An Experimental Perspective
- 8 Customary Law
- 9 Theory of Treaty Design
- 10 Conclusion
- Recommended Reading
- Ch.12 Critical Approaches
- Ch.13 Ethics and International Environmental Law
- Ch.10 International Relations Theory
- Part III Basic Issue Areas
- Ch.14 Atmosphere and Outer Space
- Ch.15 Ocean and Freshwater Resources
- 1 Introduction
- 2 Ocean Resources
- 3 Freshwater Resources
- 4 Conclusion
- Recommended Reading
- Ch.16 Biological Resources
- Ch.17 Hazardous Substances and Activities
- 1 Introduction
- 2 Hazard Identification and Testing
- 3 Conditions of Production and Use
- 4 Regulation of Pollutant Releases
- 5 Hazardous Processes and Industrial Accidents
- 6 International Trade in Hazardous Substances, Products, and Waste
- 6.1 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) and the Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (Bamako Convention)
- 6.2 PIC Convention
- 6.3 Cartagena Protocol on Biosafety (Cartagena Protocol)
- 7 Disposal of Toxic Waste
- 8 Integrated Approaches to Pollution Prevention
- 9 Other Related Policies
- 10 Conclusion
- Recommended Reading
- Part IV Normative Development
- Ch.18 Different Types of Norms in International Environmental Law Policies, Principles, and Rules
- Ch.19 Formation of Customary International Law and General Principles
- 1 Preliminary Observations on Customary Law-Making in International Environmental Law
- 2 Banality of the Customary Law-Making Process in the Field of the International Protection of the Environment
- 3 Theoretical and Technical Problems in Proving the Existence of Customary Environmental Law
- 4 A Constant Law-Making Process without a Legislator
- Recommended Reading
- Ch.20 Treaty-Making and Treaty Evolution
- 1 Normative Development through the Establishment of New Environmental Treaty Systems
- 2 Policy-Making Dimension of Environmental Treaty Systems
- 2.1 Development of International Environmental Law through Political Decision-Making within Treaty Systems
- 2.2 Development of International Environmental Law through Administrative Decision-Making within Treaty Systems
- 2.3 Technical and Scientific Expertise as a Means to Accelerate and Rationalize the Development of International Environmental Law
- 3 Resulting Legal Structure of Environmental Treaty Systems
- 4 Conclusion
- Recommended Reading
- Ch.21 Private and Quasi-Private Standard Setting
- Part V Key Concepts
- Ch.22 Transboundary Impacts
- 1 Introduction
- 2 Transboundary Environmental Impacts in International Law
- 3 Prohibited Transboundary Impacts Further Defined
- 4 Substantive Legal Implications: The Obligation to Prevent
- 5 Procedural Implications
- 6 International Responsibility and Liability for Transboundary Impacts
- 7 Institutionalization of Transboundary Environmental Impact Management
- 8 Conclusion
- Recommended Reading
- Ch.23 Common Areas, Common Heritage, and Common Concern
- Ch.24 Ecosystems
- 1 The Powerful, but Uncertain Status of Ecosystems in International Law
- 2 Status of Ecosystems in International Law
- 2.1 No Protected Status: Ecosystems Are Undifferentiated Components of National Territory
- 2.2 A Direct Object of Protection from Transboundary Insults
- 2.3 Indirect Protection from Pollution Reduction Regimes
- 2.4 International Law Reinforces National Protection Measures
- 2.5 Explicit International Protection Duties
- 3 Protection Vision: Stewardship Sovereignty
- 4 Conclusion
- Recommended Reading
- Ch.25 Precaution
- Ch.26 Sustainable Development
- Ch.27 Equity
- 1 Introduction
- 2 Different Meanings of Equity
- 3 Equity and International Law
- 4 Why Has Equity Become Prominent in International Environmental Law?
- 5 Principles for Determining Equitable Allocation
- 6 Different Ways of Implementing Principles of Equity
- 7 Conclusions: Equity Matters in a Just Society and Instrumentally
- Recommended Reading
- Ch.28 Environmental Rights
- Ch.29 Public Participation
- Ch.30 Legitimacy
- 1 Introduction
- 2 Concept of Legitimacy
- 3 A Typology of Legitimacy Theories
- 4 Why Is Legitimacy a Growing Issue in International Environmental Law?
- 5 Alternative Bases of Legitimacy
- 6 Conclusion: Building Legitimacy over Time: How to Develop Trust in International Environmental Institutions?
- Recommended Reading
- Ch.22 Transboundary Impacts
- Part VI Actors and Institutions
- Ch.31 Changing Role of the State
- Ch.32 International Institutions
- Ch.33 Non-Governmental Organizations and Civil Society
- 1 Introduction
- 2 Establishing Appropriate Variables
- 3 NGOs in Liberal Theory: Acting through the State
- 4 NGOs as Stakeholders: Acting through International Institutions
- 5 NGOs as Freelancers: Acting through the Marketplace
- 6 NGOs and the Future of International Environmental Law-Making: Relegalizing Norms?
- Recommended Reading
- Ch.34 Epistemic Communities
- Ch.35 Business
- Ch.36 Indigenous Peoples
- 1 Introduction
- 2 Development of the Concept of Indigenous Peoples in International Law
- 3 Conceptual Issues Related to the Position of Indigenous Peoples in International Law
- 4 Role of Indigenous Peoples in International Environmental Law
- 5 Distinctively Indigenous Rights and the Environment
- 6 Indigenous Responsibilities
- 7 Conclusions
- Recommended Reading
- Ch.37 Regional Economic Integration Organizations the European Union as an Example
- 1 Introduction
- 2 EU’s Institutions and Procedures
- 3 Development of EC Environmental Law
- 4 Characteristics of EU Environmental Law and Policy
- 5 Concepts and Principles in EU Environmental Law
- 6 Implementation and Enforcement
- 7 EU as an International Actor
- 8 Lessons to Learn from the EU Environmental Experience
- Recommended Reading
- Ch.38 Treaty Bodies
- Part VII Implementation and Enforcement
- Ch.39 Compliance Theory Compliance, Effectiveness, and Behaviour Change in International Environmental Law
- Ch.40 National Implementation
- Ch.41 Technical and Financial Assistance
- Ch.42 Monitoring and Verification
- 1 Introduction
- 2 Overview of the Development of Monitoring and Verification Approaches and Central Drivers for Change
- 2.1 Introduction
- 2.2 Baseline: Lax National Reporting and Limited Independent Input and Access for Third Parties
- 2.3 A Changing Picture in the 1990s: Better Reporting and Maturing Institutions
- 2.4 Recent Trends: More Advanced and Flexible Policies
- 2.5 Winding Up: The Development of Monitoring and Verification Mechanisms
- 3 Zooming in: The Increasing Use of Flexibility Mechanisms and the Related Challenges of Monitoring and Verification
- 4 Concluding Comments
- Recommended Reading
- Ch.43 Compliance Procedures
- Ch.44 International Responsibility and Liability
- 1 Introduction: Scope of the Chapter
- 2 Primary Rules of International Environmental Law
- 3 State Responsibility (Obligations of States under Secondary Rules)
- 4 Development of Primary Rules of State Liability—Liability for Injurious Consequences of Acts Not Prohibited by International Law
- 5 Civil Liability Regimes
- 6 Conclusions
- Recommended Reading
- Ch.45 International Dispute Settlement
- 1 Introduction
- 2 Dispute Settlement within International Environmental Agreements
- 3 Dispute Settlement outside International Environmental Agreements or through Procedures Contained in Environmental Agreements Other Than the One at Issue
- 4 Some Problems with Contemporary International Environmental Dispute Settlement
- 5 Conclusions
- Recommended Reading
- Ch.1 International Environmental Law Mapping the Field
- Further Material
