Transboundary Harm in International Law (eBook, PDF)

Lessons from the Trail Smelter Arbitration
Redaktion: Bratspies, Rebecca M.

• Format: PDF

Produktbeschreibung

This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

---

Dieser Download kann aus rechtlichen Gründen nur mit Rechnungsadresse in A, B, BG, CY, CZ, D, DK, EW, E, FIN, F, GR, HR, H, IRL, I, LT, L, LR, M, NL, PL, P, R, S, SLO, SK ausgeliefert werden.

Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 14. August 2006
• Englisch
• ISBN-13: 9780511243097
• Artikelnr.: 38186565

Autorenporträt

Rebecca M. Bratspies holds a B.A. in Biology from Wesleyan University and graduated with honors from the University of Pennsylvania Law School where she was elected to the Order of the Coif and awarded the Green Prize for Excellence in Torts. She served as a law clerk for the Hon. Judge C. Arlen Beam on the United States Eighth Circuit Court of Appeals. She was named a 1994/95 Henry Luce Foundation Scholar, and spent a year in Taiwan working with the Ministries of Justice and Environment. Her scholarly research focuses on environmental regulatory regimes and she is particularly interested in the international dimensions of environmental regulation, and the role of non-state actors. Professor Bratspies has lectured and published widely on such topics as genetically modified organisms, environmental liability, and international fisheries. She currently holds an associate professorship of law at CUNY School of Law where she teaches environmental law, property and administrative law. While on the faculty at the University of Idaho College of Law, she co-founded, with Professor Russell Miller, the Annual Idaho International Law Symposium. The inaugural symposium gave rise to the present project.
Raised in America's Inland Northwest near the Columbia River (where the events on which the book is set took place), Russell Miller has degrees from Washington State University (B.A.); Duke University (J.D./M.A.); and Johann Wolfgang Goethe University - Frankfurt, Germany (LL.M.). He was the recipient of a 1999 Robert Bosch Foundation Fellowship, during which he interned at the German Federal Constitutional Court and European Court of Human Rights. He is a frequent Visiting Scholar at the Max Planck Institute for Comparative Public Law and Public International Law, Heidelberg, Germany. Professor Miller is the co-founder and co-editor-in-chief of the German Law Journal (www.germanlawjournal.com). He is also the co-editor of the Annual of German European Law (Berhahn Books) and the co-author of the forthcoming third edition of The Constitutional Jurisprudence of the Federal Republic of Germany (Duke University Press). He has authored articles in the field of constitutional law, comparative constitutional law and public international law.

Inhaltsangabe

Introduction; Part I. The Trail Smelter Arbitration - History, Legacy and
Revival: A. History: 1. An outcrop of Hell: history, environment, and the
politics of the Trail Smelter Dispute James R. Allum; 2. The Trail Smelter
Dispute John E. Read; B. Roots and legacy: 3. Of paradoxes, precedents and
progeny: the Trail Smelter Arbitration 65 years later Stephen C. McCaffrey;
4. Pollution by analogy: the Trail Smelter Arbitration Alfred P. Rubin; 5.
Has international law outgrown Trail Smelter? Jaye Ellis; 6. The flawed
Trail Smelter procedure: the wrong tribunal, the wrong parties, and the
wrong law John H. Knox; 7. Re-reading Trail Smelter Karin Mickelson; 8.
Trail Smelter and the International Law Commission's work on state
responsibility for internationally wrongful acts and state liability Mark
A. Drumbl; 9. Derivative Versus Direct Liability as a basis for state
liability for transboundary harms Mark Anderson; C. Return to Trail: 10.
Transboundary pollution, unilateralism and the limits of extraterritorial
jurisdiction: the second Trail Smelter Dispute Neil Craik; Part II. Trail
Smelter and Contemporary Transboundary Harm - The Environment: 11. Trail
Smelter in contemporary international environment law: its relevance in the
nuclear energy context Günther Handl; 12. Through the looking glass:
sustainable development and other emerging concepts of international
environmental law in the Gabcikovo-Nagymaros case and the Trail Smelter
arbitration James F. Jacobson; 13. Trail Smelter's (semi) precautionary
legacy Rebecca M. Bratspies; 14. Surprising parallels between Trail Smelter
and the global climate change regime Russell A. Miller; 15. Sovereignty's
continuing importance: traces of Trail Smelter in the international law
governing hazardous waste transport Austen L. Parrish; 16. The legacy of
Trail Smelter in the field of transboundary air pollution Phoebe Okowa; 17.
The impact of the Trail Smelter Arbitration on the law of the sea Stuart M.
Kaye; Part III. Trail Smelter and Contemporary Transboundary Harm - Beyond
the Environment: 18. Trail Smelter and terrorism: international mechanisms
to combat transboundary harm Pierre-Marie Dupuy and Cristin Hob; 19. The
conundrum of corporate social responsibility: reflections on the changing
nature of firms and states Peer Zumbansen; 20. A pyrrhic victory: applying
the Trail Smelter principle to State creation of refugees Jennifer Peavey
Joanis; 21. Transboundary harm: internet torts Holger P. Hestermeyer; 22.
International drug pollution? Reflections on Trail Smelter and Latin
American drug trafficking Judith Wise and Eric L. Jensen; 23. Application
of international human rights conventions to transboundary state acts
Nicola Vennemann; Annex: convention for settlement of difficulties arising
from operation of Smelter at Trail, British Columbia, Trail Smelter
Arbitral Decision 1938, and Trail Smelter Arbitral Decision 1941.