Tag Archives: dispute resolution

Transnational cooperation for managing the control of environmental disputes in East Asia (Z. Keyuan)

Author

Zou Keyuan

Keywords

Environment, ASEAN, Dispute resolution, East Asia, Environmental protection, International environmental law, Transborder pollution

Abstract

Discusses the environmental problems arising from rapid economic development in East Asia and the range of international mechanisms available to resolve the resulting transboundary disputes between the nations concerned. Reviews: (1) bilateral efforts at environmental cooperation and their potential drawbacks; (2) multilateral cooperative efforts at environmental dispute control, involving Indonesian haze pollution and sustainability in the Mekong River region; (3) the growth of regional cooperation, including the role of the Association of Southeast Asian Nations (ASEAN); and (4) cooperation under global environmental treaties such as the Framework Convention on Climate Change 1992.

Citation

(2004) 16(3) Journal of Environmental Law 341-360

Paper

Transnational cooperation for managing the control of environmental disputes in East Asia

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Middle Eastern and North African Hydropolitics: From Eddies of Indecision to Emerging International Law (E. Burleson)

Author

Elizabeth Burleson ( University of South Dakota , USA )

Keywords

International Water Law, Groundwater, Aquifer, The Palestinian Authority, Israel, Middle East and North Africa, Conflict Resolution, Water Scarcity, Reasonable and Equitable Water Utilization, Joint Water Management, Adaptable Co-riparian Cooperation, United Nations, Dispute Resolution

Abstract

The death of Yasser Arafat, removal of Saddam Hussein, passage of United Nations Security Council Resolution 1483, and conflict in Sudan significantly alter the geopolitics of the Middle East and North Africa. International law consists of the accretion of co-aquifer agreements as well as international treaties. Recent codification efforts have provided a framework with which co-aquifer states can address transboundary natural resources through flexible water use provisions, equitable distribution of water benefits, and strong dispute resolution mechanisms. This article applies the multifactor balancing test of the Draft Convention on the Law of Transboundary Aquifers to the Israeli-Palestinian conflict and analyzes Middle Eastern and North African hydropolitics in light of emerging international law.

Citation

(2006) 18 Georgetown International Environmental Law Review 385

Paper

Middle Eastern and North African Hydropolitics: From Eddies of Indecision to Emerging International Law

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Sovereignty and developing countries: current status and future prospects at the WTO (H. Mahncke)

Author

Hans Mahncke

Keywords

Developing countries, dispute resolution, international law, free trade areas, sovereignty, tariff preferences, World Trade Organisation, human rights, environmental protection

Abstract

Reviews “Redefining Sovereignty in International Economic Law”, 2008, edited by W. Shan, P. Simons and D. Singh, and “WTO Law and Developing Countries”, 2007, edited by G.A. Bermann and P.C. Mavroidis. Discusses both books’ analysis of the competing approaches to sovereignty in international trade, highlighting key features of the Westphalian and post-Westphalian viewpoints. Considers, with reference to free trade areas, the generalised system of preferences and dispute resolution, whether common ground exists in respect of sovereignty within the World Trade Organisation. The paper also asks the question whether trade measures such as import bans or higher tariffs be used on the basis that another country is harming the environment or perpetrating human rights abuses?

Citation

(2009) 22(2) Leiden Journal of International Law, 395-409.

Paper

Sovereignty and developing countries: current status and future prospects at the WTO.

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