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Transboundary Pollution: Evolving Issues of International Law and
Policy provides a comprehensive and perceptive overview of the
legal principles that govern pollution internationally and explores
the utilization of these principles in practice.Legal principles
regarding State responsibility for transboundary pollution are well
settled in international law. At issue is how these principles are
applied and what mechanisms are developed to regulate specific
types of transboundary pollution, including pollution of the marine
environment and shared water resources, nuclear pollution and air
pollution. Expert contributors come together in this book to
discuss all major aspects of transboundary pollution and the
practical application of the State responsibility doctrine.
Empirical studies of European, Asian and Southeast Asian countries
demonstrate regional perspectives of how international law and
policy governing transboundary pollution translates into practice.
Academics, students and practitioners alike will benefit from the
perceptive and discerning insight the book presents into this
important issue within international law, environmental law and
public policy. Contributors: R. Beckman, A. Boyle, H.C. Bugge, G.
Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J.
Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif,
A.K-.J.Tan, S. Tay
On 11 April 2016, Timor-Leste initiated a compulsory non-binding
conciliation proceeding against Australia under Annex V of the
United Nations Convention on the Law of the Sea (UNCLOS) on its
maritime boundary dispute with Australia in the Timor Sea. On 6
March 2018, the parties signed a settlement treaty on the basis of
the proposal of the Conciliation Commission. Two months later, the
Conciliation Commission issued its report, marking the conclusion
of the first ever conciliation proceeding under Annex V of
UNCLOS.This book provides detailed analyses of the proceedings and
a step-by-step account of the conciliation process, as well as its
wider implications for dispute settlement under UNCLOS and beyond.
The various chapters explore a wide range of issues, including an
overview of conciliation as a means of dispute settlement and the
conciliation procedure in UNCLOS, as well as the origins and
historical background of the maritime boundary dispute between
Timor-Leste and Australia. The book also provides a comprehensive
examination of each step of the conciliation proceedings, including
the role of the Conciliation Commission, the Conciliation
Commission's Decision on Competence, the issue of joint
development, and the Maritime Boundaries Treaty, which Timor-Leste
and Australia concluded as the legal outcome of the conciliation
proceedings. Critically, the book offers insightful perspectives
from Australia and Timor-Leste on the conciliation process. The
book is an important contribution to the research and analysis of
the Timor Sea conciliation. As one of the first books on the case,
it will raise awareness and bring more familiarity with
conciliation as a viable and effective dispute settlement process,
thereby encouraging states to consider conciliation as a means to
settle their disputes.
The reputation and achievement of the ASEAN Community hinges on
compliance. This seminal book discusses whether ASEAN's faith in
dispute settlement and monitoring mechanisms as a means to better
compliance is justified and delves into the extent to which they
can facilitate ASEAN Community building. It provides the first
comprehensive and systematic analysis of ASEAN's compliance with
its instruments, and enables readers to see ASEAN as an
organisation increasingly based on law and institutions. Readers
will also learn how ASEAN balances a thin line between law and
institutions on the one hand and diplomacy and realism on the
other. Scholars of adjudicatory mechanisms will find this book a
fascinating addition to the literature available, and it will serve
as a 'go-to' reference for ASEAN state agencies. The book will also
interest academics and practitioners working on comparative and
cross-disciplinary studies of dispute settlement, monitoring
mechanisms, compliance, and international and regional
organisations.
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