Tag Archives: state responsibility

The New Accountability: Environmental Responsibility Across Borders (M. Mason)

Author(s)

Michael Mason

Keywords

population, accountability, environmental protection, health, ecological sustainability, borders, international agreements, national territories, state responsibility, pollution, transnational corporations

Abstract

The growth of pollution that crosses national borders represents a significant threat to human health and ecological sustainability. Various international agreements exist between countries to reduce risks to their populations, however there is often a mismatch between national territories of state responsibility and transboundary hazards. All too often, state priorities do not correspond to the priorities of the people affected by pollution, who often have little recourse against major polluters, particularly transnational corporations operating across national boundaries. Drawing on case studies, The New Accountability provides a fresh understanding of democratic accountability for transboundary and global harm and argues that environmental responsibility should be established in open public discussions about harm and risk. Most critically it makes the case that, regardless of nationality, affected parties should be able to demand that polluters and harm producers be held accountable for their actions and if necessary provide reparations.

Citation

Michael Mason, The New Accountability: Environmental Responsibility Across Borders (Earthscan, 2005)

Book

The New Accountability: Environmental Responsibility Across Borders

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International Environmental Law: Fairness, Effectiveness, and World Order (E. Louka)

Author

Elli Louka

Keywords

International environmental law, compliance, governance mechanisms, marine environment, water resources, fisheries resources, biodiversity, air pollution, trade, environment, hazardous wastes, radioactive wastes, liability, state responsibility

Abstract

This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective.

The author examines whether the current policymaking and future trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.

Provides an explanation on the development and future direction of international environmental lawmaking.
Comprehensively analyzes international environmental lawmaking in many diverse areas.
Addresses issues of fairness and effectiveness of international environmental lawmaking.

Citation

Elli Louka, International Environmental Law: Fairness, Effectiveness, and World Order (CUP, Cambridge 2006)

Book

International Environmental Law: Fairness, Effectiveness, and World Order

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Diego Garcia: British-American legal black hole in the Indian Ocean (P.H. Sand)

Author

Peter H Sand

Keywords

Chagos Islands; climate change; environmental protection; human rights; international environmental law; pollution; state responsibility; Great Britain (BIOT); United States.

Abstract

Reflects on how the use of a legal “black hole” strategy by the UK and US Governments has permitted them to avoid accountability for environmental risks arising from US military activity on Diego Garcia. Reviews the arguments used to support the view that international environmental laws do not apply there in relation to damages arising from coral mining, nuclearisation and fuel spills, and notes their extension to human rights issues. Criticises the strategy and examines the potential impact of climate change on the island, including the implications for future resettlement.

Citation

(2009) 21(1) Journal of Environmental Law, 113-137.

Paper

Diego Garcia: British-American legal black hole in the Indian Ocean

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