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Protecting the Third Pole - Transplanting International Law (Hardcover)
Loot Price: R3,160
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Protecting the Third Pole - Transplanting International Law (Hardcover)
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This highly topical book considers the important question of how
best to protect the environment of the Third Pole - the area
comprising the Hindu Kush Himalayas and Tibetan Plateau - using the
tool of international law; specifically, international
environmental law and the law of international watercourses.
Following detailed analysis of weaknesses in current legal
protections according to comparative legal theory, Simon Marsden
recommends three potential options for implementation by policy and
lawmakers. The first option is to transplant existing international
law, including conventions from the UN Economic Commission for
Europe and the Council of Europe. Secondly, transplantation of a
comprehensive international treaty, based upon the Alpine and
Carpathian regimes, is suggested. The overwhelmingly European focus
of the first two options, and possible contextual constraints to
implementation, informs a third option: the development of a new
treaty, giving appropriate attention to the Asian context on one
hand, and the need for access of information and public
participation on the other, to ensure effective implementation and
compliance. Taking a comparative, interdisciplinary approach,
Protecting the Third Pole will be a key resource for legal and
policy scholars. NGO's and practitioners will also benefit from its
detailed analysis.
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