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This innovative collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection. Written by a wide range of contributors who have approached the subject from fresh theoretical and practical perspectives, the essays examine how these permutations of justice have influenced policy choices relating to topics like climate change, protection of the stratospheric zone, trade and the conduct of warfare. The significance of participatory rights as a medium for the realisation of environmental justice is given extended treatment, and the contributors also assess the congruence between environmental justice and structural issues, such as gender, class, state borders and, on a global scale, North-South relations. The book will inform and stimulate debate on an important-yet-neglected aspect of the environmental discourse, and is highly recommended for researchers and students of international and domestic law, political science and international relations.
State Responsibility for Transboundary Air Pollution in International Law systematically analyses the unique nature of problems that transboundary air pollution presents in international law. Although an attempt is made to present transboundary air pollution as a unified field, a distinction is made between pollution from industrial and related sources, and those from nuclear operations, given the very serious nature of risks that nuclear pollution presents. The book extensively considers existing regulatory frameworks as found in treaty regimes and non-binding instruments. The role as well as the shortcomings of traditional international law, especially the application of principles of state responsibility to problems involving multiple actors, and which cannot therefore be easily accommodated within the present bilateral framework of dispute resolution in international law is given extended treatment. The potential role of institutions charged with supervising compliance is also undertaken and the status of emergent principles is critically assessed. The issues examined in this book are of much contemporary relevance and will appeal to those interested in the legal aspects of transboundary air pollution as well as those concerned with the general issues surrounding the application of international law to environmental problems.
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