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Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

Allen L Springer

ISBN13: 9781442635180

Published: April 2016

Publisher: University of Toronto Press

Country of Publication: Canada

Format: Hardback

Price: Out of print

Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law-both its content and its relevance become clearer in times of controversy-but conflict can also help shape the law.

Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict focuses on six transboundary disputes to demonstrate how they have influenced the development of international environmental law and policy.

Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.

Subjects:: Environmental Law, Public International Law

Contents:: Preface; 1. Introduction; Architectural Engineers; Transboundary Environmental Disputes; The Argument; The Cases; An Overview; Endnotes; 2. Trail Smelter and Beyond: Evolving Regimes, Emerging Principles; Historical Perspective; The Trail Smelter Legacy; Evolving Regimes; The Stockholm Conference on the Human Environment; Stockholm to Rio; Rio and Beyond; Emerging Principles; State Responsibility/Liability; Mitigating Risk; Common Heritage; Common but Differentiated Responsibilities; Polluter Pays Principle; Precautionary Principle; Sustainable Development; The Broader Setting; Endnotes; 3. Indonesian Haze; Introduction; The Context; The Dispute; Legal Issue: State Environmental Responsibility; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 4. Baia Mare Cyanide Spill; Introduction; The Context; The Dispute; Legal Issue: Liability and Compensation; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 5. MOX at Sellafield; Introduction; The Context; The Dispute; Legal Issue: Regulating Risk; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 6. Turbot War; Introduction; The Context; The Dispute; Legal Issue: Unilateral State Action; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 7. Voyage of the Clemenceau; Introduction; The Context; The Dispute; Legal Issue: Regime Complexity; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 8. Uruguayan Pulp Mills; Introduction; The Context; The Dispute; Legal Issue: International Adjudication; The Resolution; Post-Dispute Developments; Analysis; Endnotes; 9. Conclusions; Introduction; Transboundary Environmental Disputes; Law Shapes the Dispute; Disputes Shape the Law; Law from Conflict; Bibliography; Index.