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The Legal Regime for Transboundary Water Pollution:Between Discretion and Constraint (Hardcover, 1993 Ed.)
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The Legal Regime for Transboundary Water Pollution:Between Discretion and Constraint (Hardcover, 1993 Ed.)
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The main challenge to international environmental law is to strike
an adequate balance between the discretion of states to undertake
economically attractive activities and the need for constraint in
order to protect the environment. Based on one particularly
elaborate environmental regime (the regime for transboundary water
pollution as it applies to the Netherlands) this book examines how
international law has sought to replace discretion by constraint,
and what limitations have been encountered with that endeavour. The
study provides a comprehensive assessment of the main assets and
lacunae of the regime for transboundary water pollution. It
discusses the applicable substantive and procedural rules
(including new developments, such as the precautionary principle,
the obligation to conduct environmental impact assessments); the
combined use of legal rules (such as the 1992 Convention on the
Protection of Transboundary Watercourses and the 1992 Paris
Convention on the Protection of the Marine Environment of the
North-East Atlantic) and non-legal rules (such as the Rhine Act
Programme), and the application of procedures to control the
implementation of states' obligations. Since many of the issues are
not exclusively relevant to transboundary water pollution, the main
conclusions of this study may prove directly applicable to other
international environmental regimes.
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