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Environmental Law
Introduction
International Environmental Law - An Introduction
A. Legal Instruments
Treaty between the United States and Great Britain relating to Boundary Waters, and Questions arising between the United States and Canada, Washington, 1909.
Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere, Washington, 12 October 1940, United Nations, Treaty Series, vol. 161, p. 193. General Agreement on Tariffs and Trade, Geneva, 30 October 1947, United Nations, Treaty Series, Vol. 55, p. 187. International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3. African Convention on the Conservation of Nature and Natural Resources (with annexed list of protected species), Algiers, 15 September 1968, United Nations, Treaty Series, vol. 1001, p. 3. United States, National Environmental Policy Act (1969). Declaration of the United Nations Conference on the Human Environment, Stockholm, 16 June 1972, in Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972 (A/CONF.48/14/Rev.1). Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, London, Mexico City, Moscow, Washington D.C., 29 December 1972, United Nations, Treaty Series, vol. 1046, p. 120. Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 3 March 1973, United Nations, Treaty Series, vol. 993, p. 243. United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, Vol. 1833, p.3. ASEAN Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur, 9 July 1985. Montreal Protocol on Substances that Deplete the Ozone Layer, Montreal, 16 September 1987, United Nations, Treaty Series, vol. 1522, p. 3. United Nations Framework Convention on Climate Change, New York, 9 May 1992, United Nations, Treaty Series, vol. 1771, p. 107. Convention on Biological Diversity, Rio de Janeiro, 5 June 1992, United Nations, Treaty Series, vol. 1760, p. 79. Rio Declaration on Environment and Development, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, Annex 1. North American Free Trade Agreement, Ottawa, 11 and 17 December 1992; Mexico, D.F. 14 and 17 December 1992; Washington 8 and 17 December 1992. The Agreement Establishing the World Trade Organization, Marrakesh, 15 April 1994, United Nations, Treaty Series, vol. 1867, p. 3. Kyoto Protocol to the United Nations Framework Convention on Climate Change, Kyoto, 11 December 1997, United Nations, Treaty Series, vol. 2303, p. 148.
B. Jurisprudence
United States – Standards for Reformulated and Conventional Gasoline,WTO Appellate Body Report and Panel Report, adopted on 29 April 1996.
United States – Important Prohibition of Certain Shrimp and Shrimp Products,WTO Appellate Body Report, adopted on 12 October 1998.
C. Documents
United Nations World Commission on Environment and Development, Our Common Future (“Brundtland Report”), 1987.
Draft Principles on Human Rights and the Environment and Draft Declaration of Human Rights and the Environment, Final Report prepared by Mrs. Fatma Zohra Ksentini, Special Rapporteur, 16 May 1994, Annex I (E/CN.4/Sub.2/1994/9). World Summit on Sustainable Development, Plan of Implementation. For the texts of the Regional Seas Conventions and Protocols, see the website of the United Nations Environment Programme: http://www.unep.ch/regionalseas/legal/conlist.htm
D. Doctrine
R. Carson, Silent Spring, Houghton Mifflin Company, New York, 1962.
Cooperation
The Commons, Public Goods and International Law
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Intergenerational Equity
The Principle of Intergenerational Equity
A. Legal Instruments
Convention between the United States and Other Powers Providing for the Preservation and Protection of Fur Seals, Washington D.C., 7 July 1911.
International Agreement for the Regulation of Whaling, London, 8 June 1937, United Nations, Treaty Series, vol. 190, p. 79. Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere, Washington, 12 October 1940, United Nations, Treaty Series, vol. 161, p. 193. Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945. International Convention for the Regulation of Whaling, Washington D.C., 2 December 1946, United Nations, Treaty Series, vol. 161, p. 72. African Convention on the Conservation of Nature and Natural Resources (with annexed list of protected species), Algiers, 15 September 1968, United Nations, Treaty Series, vol. 1001, p. 3. Convention on Wetlands of International Importance, especially as Waterfowl Habitat, Ramsar, 2 February 1971, United Nations, Treaty Series, vol. 996, p. 245. Declaration of the United Nations Conference on the Human Environment, Stockholm, 16 June 1972, in Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972 (A/CONF.48/14/Rev.1). Convention for the Protection of the World Cultural and Natural Heritage, Paris, 16 November 1972, United Nations, Treaty Series, vol. 1037, p. 152. Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, London, Mexico City, Moscow, Washington D.C., 29 December 1972, United Nations, Treaty Series, vol. 1046, p. 120. Convention on International Trade in Endangered Species of Wild Fauna and Flora, Washington, 3 March 1973, United Nations, Treaty Series, vol. 993, p. 243. Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 23 June 1979, United Nations, Treaty Series, vol. 1651, p. 333. United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p.3. ASEAN Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur, 9 July 1985. Convention on the Protection and Use of Transboundary Watercourses and International Lakes, Helsinki, 17 March 1992, United Nations, Treaty Series, vol. 1936, p. 269. United Nations Framework Convention on Climate Change, New York, 9 May 1992, United Nations, Treaty Series, vol. 1771, p. 107. Convention on Biological Diversity, Rio de Janeiro, 5 June 1992, United Nations, Treaty Series, vol. 1760, p. 79. Rio Declaration on Environment and Development, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, Annex 1. France, Law No. 93-298 of 8 March 1993 (1993). The United Nations Educational, Scientific and Cultural Organization, Declaration on the Responsibilities of Present Generations towards Future Generations, Paris, 12 November 1997. Israel, Amendment nº 14- 5761/2001 (2001). Hungary, Amendment to Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights (Ombudsman) (2007).
B. Jurisprudence
International Court of Justice, North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands), Judgment of 20 February 1969, I.C.J. Reports 1969, p. 3.
International Court of Justice, Nuclear Tests (New Zealand v. France), Joint Dissenting Opinion of Judges Onyeama, Dillard, Jiménez de aréchaga and Sir Humphrey Waldock of 20 December 1974, I.C.J. Reports 1974, p. 494. International Court of Justice, Continental Shelf (Tunisia/Libyan Arab Jamahiriya), Judgment of 24 February 1982, I.C.J. Reports 1982, p. 18. International Court of Justice, Maritime Delimitation in the Area between Greenland and Jan Mayen, Separate Opinion of Judge Weeramantry, I.C.J. Reports 1993, p. 211. Supreme Court of the Philippines, Juan Antonio Oposa, et al. v. the Honorable Fulgencio Factoran, Jr., Secretary of the Department of the Environment and Natural Resources et al., G.R. No. 101083 (Phil.), 30 June 1993. International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 226. International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, Dissenting Opinion of Judge Weeramantry, I.C.J Reports 1998, p. 429. International Court of Justice, Gabčikovo-Nagymaros Project (Hungary/Slovakia), Judgment of 25 September 1997, I.C.J. Reports 1997, p. 7. Inter-American Court of Human Rights, The Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Joint Separate Opinion of 31 August 2001, Series C No. 79. High Court of Kenya at Nairobi, Peter Waweru v. Republic of Kenya, AHRLR 149 (KeHC 2006), 2 March 2006.
C. Documents
United Nations World Commission on Environment and Development, Our Common Future (“Brundtland Report”), 1987. Goa Guidelines on Intergenerational Equity, the Advisory Committee to the United Nations University Project on International Law, Common Patrimony and Intergenerational Equity, Goa, 15 February 1988. For the texts of the Regional Seas Conventions and Protocols, see the official website of the United Nations Environment Programme |
