The Legal Regime for Transboundary Water Pollution: Between Discretion and Constraint
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About the Book
The main challenge to international environmental law is to strike an adequate balance between the discretion of states to undertake economically attractive activities and the need for constraint in order to protect the environment. Based on one particularly elaborate environmental regime (the regime for transboundary water pollution as it applies to the Netherlands), this work examines how international law has sought to replace discretion by constraint, and what limitations have been encountered with that endeavour. The study provides a comprehensive assessment of the main assets and lacunae of the regime for transboundary water pollution. It discusses the applicable substantive and procedural rules (including new developments, such as the precautionary principle, the obligation to conduct environmental impact assessments); the combined use of legal rules (such as the 1992 Convention on the Protection of Transboundary Watercourses and the 1992 Paris Convention on the Protection of the Marine Environment of the North-East Atlantic) and non-legal rules (such as the Rhine Act Programme), and the application of procedures to control the implementation of states' obligations. Since many of the issues are not exclusively relevant to transboundary water pollution, the main conclusions of this study may prove directly applicable to other international environmental regimes.
Book Details
ISBN-13: 9780792324768
EAN: 9780792324768
Publisher Date: 28 Jul 1993
Bood Data Readership Text: Professional & Vocational
Gardner Classification Code: V01
Illustrations: biography
Language: English
MediaMail: Y
Pagination: 410 pages, biography
Returnable: N
Spine Width: 23 mm
Width: 156 mm
ISBN-10: 0792324765
Publisher: Kluwer Academic Publishers
Binding: Hardcover
Dewey: 341.762
Height: 234 mm
Is LeadingArticle: Y
LCCN: 93031558
No of Pages: 410
PrintOnDemand: Y
Series Title: International Environmental Law & Policy S.
Title Prefix: The
Year Of Publication: 1993