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Transboundary Pollution
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Transboundary Pollution

Evolving Issues of International Law and Policy

9781784715786 Edward Elgar Publishing
Edited by S. Jayakumar, Professor, Chairman, International Advisory Panel, Tommy Koh, Professor, Chairman, Governing Board, Robert Beckman, Associate Professor, Head of the Ocean Law and Policy Programme, Centre for International Law and Hao Duy Phan, Diplomatic Academy of Vietnam
Publication Date: 2015 ISBN: 978 1 78471 578 6 Extent: 456 pp
This important book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in this context. The editors bring together leading scholars and practitioners to analyse the international legal framework and cooperative mechanisms that have been developed to address this pressing issue. The book also includes case studies of Asia and Southeast Asia to demonstrate how international law governing transboundary pollution has evolved and been applied in practice.

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Transboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilisation of these principles in practice.

Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution.

Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice.

Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy.
Contributors
Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. Tay






Contents
Contents:

Acknowledgements

Introduction
S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

PART I TRANSBOUNDARY POLLUTION: GENERAL PRINCIPLES AND STATE RESPONSIBILITY
1. Transboundary Pollution: Principles, Policy and Practice
Catherine Redgwell

2. Transboundary Pollution in a Global Economy: General Principles and Problems in Practice
Simon Tay

3. Unpacking the Elements of State Responsibility Claims for Transboundary Pollution,
Jacqueline Peel

PART II TRANSBOUNDARY POLLUTION: PROBLEMS AND PROSPECTS
4. Pollution of Shared Freshwater Resources in International Law
Stephen C. McCaffrey

5. Environmental Impact Assessment in Preventing Transboundary River Pollution under International Law: An Analysis
Lan Hua

6. State Responsibility and Transboundary Marine Pollution
Robert Beckman

7. Transboundary Pollution from Offshore Activities: A Study of the Montara Offshore Oil Spill
Youna Lyons

8. Preventing Transboundary Nuclear Pollution: A Post-Fukushima Legal Perspective
Günther Handl

9. Transboundary Air Pollution: A Tale of Two Paradigms
Alan Boyle

PART III: COOPERATIVE MECHANISMS FOR ADDRESSING TRANSBOUNDARY POLLUTION
10. The Principle and Duty to Cooperate: The Case of Conventions on Transboundary Pollution in Europe
Hans Christian Bugge

11. Evaluating the (In)effectiveness of ASEAN Cooperation against Transboundary Air Pollution
Laode M Syarif

12. ‘Can’t We Even Share Maps?’: Cooperative and Unilateral Mechanisms to Combat Forest Fires and Transboundary “Haze” in Southeast Asia
Alan Khee-Jin Tan

13. Legal Redress of Transboundary Air Pollution through Environmental Cooperation
Nicholas A Robinson

Index


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