International Law and the Environment: Variations on a Theme

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Martinus Nijhoff Publishers, 2002 M01 1 - 412 páginas
This important book makes an original and modern contribution to the study of "international environmental law," addressing its development over three time periods: the traditional period, the modern era, and the post-modern period. Kuokkanen's thesis is this: in the traditional period there was no clear distinction between the protection of the environment and the exploitation of natural resources; during the modern period the subjects became completely separated; and in the post-modern era there has been an effort to reconcile economic interests and environmental concerns. The work challenges the reader to think about international environmental law and its development within a broader framework, and through a lens which differs from that taken elsewhere. The book presents an impressive panorama of the principal international legal developments over the past century in this area, and successfully pinpoints the tensions between environmental and economic objects over the past century. A timely and important contribution.

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Contenido

A Judson Harmon the Oracle of Absolute Sovereignty
9
The Application of the Harmon Doctrine
15
The Indeterminacy of the Doctrine of Absolute
21
the North Atlantic
25
Separating Jurisdiction from Substance in Relation to Areas
34
The Doctrine of Abuse of Rights
52
the Corfu Channel Case
62
G Settling International Environmental Disputes through
80
The International Practice of Nationalization
208
Conclusion
225
INTERNATIONAL LAW OF ENVIRONMENTAL INTEGRATION
233
A Bridging the Gap between Man and Nature
249
and Regimes
271
B Bridging the Gap between the Environment
287
Emergence of the Principle
331
Conclusion
338

Compensation
88
THE DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL
99
B The Nationalization of the Law of Natural Resources
171

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