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Non-Regression in International Environmental Law


ISBN13: 9781780689852
Published: December 2020
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £139.00



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The book analyses the emerging concept of ‘non-regression’ as a novel legal principle of international environmental law. In order to do so, it traces the development of non-regression in the framework of international human rights law and provides an examination of the respective jurisprudence under universal and regional human rights instruments. These are then compared to closely-related normative concepts in the framework of international environmental law, including the non-regression concepts of the Paris Climate Change Agreement and biodiversity-related agreements such as the Ramsar Convention on Wetlands and the Bonn Convention on Migratory Species. The book advocates a novel usage of comparative law methods in order to allow for fruitful interactions between human rights and international environmental law.

Non-regression in International Environmental Law is an important contribution to the development of international environmental law that offers a fresh perspective on the relationship between human rights and international environmental law.

Subjects:
Environmental Law
Contents:
Introduction
Markus Vordermayer-Riemer
PART I. Progressivity and Non-Regression in International Human Rights Law: Going up on the Escalator
Chapter 1. The Sources and the Interpretation of International Human Rights Law
Chapter 2. The International Covenant on Economic, Social and Cultural Rights
Chapter 3. Regional Human Rights Regimes
PART II. Progressive Obligations and Non-Regression in Environmental Treaty Regimes: Going up the Down Escalator
Chapter 4. The Sources and the Interpretation of International Environmental Law
Chapter 5. The Climate Change Regime: Progress and Non-Regression in the Face of a 'Super-Wicked Problem'
Chapter 6. Environmental Agreements Focusing on the Conservation of Biodiversity
PART III. Non-Regression and the Promises of Comparative International Law
Chapter 7. Non-Regression as a Free-Standing Principle of International Environmental Law?
Chapter 8. Comparative International Law: 'Borrowing' Non-Regression from Human Rights Law