scholarly journals The duty to take appropriate measures to prevent significant transboundary harm and private companies: insights from transboundary hydropower projects

2020 ◽  
Vol 20 (4) ◽  
pp. 667-682
Author(s):  
Alistair Rieu-Clarke
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Fossil Fuels ◽  
Ecological Impacts ◽  
Transboundary Rivers ◽  
Private Companies ◽  
Wide Range ◽  
The World ◽  
The Law ◽  
Private Actors

Abstract Recognition that hydropower plays a role in fostering sustainable development and helping countries move away from fossil fuels has led to a resurgence of planned projects on transboundary rivers around the world. Whilst these projects offer clear benefits, they are not without their socio-ecological impacts. An added feature of hydropower projects is that they tend to involve a wide range of actors that are responsible for their financing, planning, construction and operation (international and domestic; private and State). This begs the question, if it is ultimately the responsibility of States to ensure that these projects are in accordance with international law obligations, what does that responsibility entail when much of the activity is conducted by private companies? International law has a long tradition of placing States under an obligation to regulate the conduct of non-State activities so as to prevent transboundary harm. However, a closer review of the law relating to transboundary hydropower projects reveals that more could be done to guide States as to the appropriate measures that they might put in place to ensure that any hydropower projects involving private actors are implemented in an equitable and sustainable manner.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

scholarly journals The Impact of Lack of Clean Cooking Fuels on Sustainable Development in Developing Countries

2018 ◽  
Author(s):  
Ifeoluwa Garba ◽  
Richard Bellingham
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Fossil Fuels ◽  
Energy Use ◽  
Business Models ◽  
Clean Energy ◽  
Well Being ◽  
The World ◽  
Cooking Fuels ◽  
The Impact

Access to energy is crucial in tackling many of the current global development challenges that impact on people’s economic, health and social well-being as well as the ability to meet the commitments of reducing carbon emissions through clean energy use. Despite increased attention from multiple governments and agencies, energy poverty remains a serious sustainable development issue in many developing countries. To date, most research have focused on general access to electricity and the generation of clean energy to replace fossil fuels, failing to address the lack of basic access to clean energy for cooking and heating. More people in the world lack access to clean cooking fuels than to electricity. This issue is one aspect of a broader research which investigates the impacts of optimized energy policy and energy business models on sustainable development in developing countries.

scholarly journals A managerial approach for the coherent development of sustainable development law

2018 ◽  
Vol 17 (2) ◽  
pp. 83-99
Author(s):  
Stephanie De Moerloose ◽  
Makane Moïse Mbengue
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
World Bank ◽  
Integrated Development ◽  
Multilateral Development Banks ◽  
Law System ◽  
The World Bank ◽  
The World ◽  
Development Banks ◽  
European Investment

While judicial bodies have proliferated in the last fifty years in a process that has been deemed “quasi-anarchic” (Guillaume, G., 2000) creating a risk of inconsistency in their decisions which would endanger the international law system, quasi-judicial bodies such as Multilateral Development Banks' accountability mechanisms are not spared by this legal phenomenon. They have diverse proceedings and jurisdictions, operate with different sets of environmental and social safeguards, but may confront similar factual scenarios, especially in the case of co-financing. The recent Kenya Electricity Expansion Project presented before the World Bank and the European Investment Bank’s accountability mechanisms illustrates that, through a managerial approach, potentially conflicting findings can be avoided. This paper aims to show that quasi-judicial bodies can constitute a source of inspiration for the integrated development of international law.

THE WORLD COMMUNITY CONSOLIDATION FOR COMBATTING WITH POVERTY

2018 ◽  
Vol 1 (1) ◽  
pp. 95-104
Author(s):  
Ильмира Минигулова
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
International Community ◽  
Practical Implementation ◽  
World Community ◽  
Modern Age ◽  
The World ◽  
Global Problems ◽  
Migration Crisis

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

Cases & Materials on International Law

2017 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
International Criminal ◽  
Environmental Law ◽  
Criminal Court ◽  
International Criminal Law ◽  
Sixth Edition ◽  
Legal Personality ◽  
Wide Range ◽  
International Legal Order ◽  
The Law

Cases and Materials on International Law, a topical companion for study placing international law directly in the context of contemporary debate, offers broad coverage of international law, and is suitable for use alongside a range of course structures and teaching styles. The book provides readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The book contains the essential cases and materials needed in order to understand and analyse the international legal order, providing notes on selected extracts to explain the complexities of the law. The sixth edition provides expanded coverage of topical areas such as: the use of force in Iraq and Syria and the threat of terrorism; international criminal law and the International Criminal Court; and developments in human rights and international environmental law. The new edition considers the perspectives of non-western and feminist scholars. It also updates core areas of international law, including sovereignty over territory and judicial sovereignty, the law of the sea, state responsibility, international legal personality and peaceful settlement.

Climate, Oceans, and the Law of Special and General Adaptation

2016 ◽  
Author(s):  
U. Rashid Sumaila
Keyword(s):  
Climate Change ◽  
Climate Change Impacts ◽  
Climate Impacts ◽  
Adaptive Responses ◽  
Wide Range ◽  
General Adaptation ◽  
The Law ◽  
Adaptation Law ◽  
Private Actors ◽  
International Fisheries

This chapter describes the literature of adaptation law in the context of international ocean governance. Adaptation law consists of rules aimed at minimizing the social costs associated with human response to climate impacts. These can be used to shape the behaviour of private actors or public institutions. The law sometimes might provide incentives to make enterprises more resilient as it makes capital unnecessarily stranded during climate change. In order to illustrate the challenges of implementation in the ocean context, the chapter focuses on two examples: international fisheries and ‘mari-engineering’. International fisheries represent ongoing ocean use and regulated by a well-developed body of international law. Due to the wide range of possible climate impacts and adaptive responses, proactive changes to existing fisheries rules in anticipation of climate change fit into the category of general adaptation law, while mari-engineering is engineering the seas to slow or halt climate change impacts.

The Puritan Cosmopolis

2018 ◽  
Author(s):  
Nan Goodman
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Thought Experiments ◽  
Law And Literature ◽  
Significant Relation ◽  
Trade Routes ◽  
Law Of Nations ◽  
The World ◽  
The Law

This book traces the emergence of a sense of kinship with and belonging to a larger, more inclusive world within the law and literature of late seventeenth-century Puritanism. Connected to this cosmopolitanism in part through travel, trade, and politics, late seventeenth-century Puritans, it is argued, were also thinking in terms that went beyond these parameters about what it meant to feel affiliated with people in remote places—of which the Ottoman Empire is the best, but not the only example—and to experience what Bruce Robbins calls “attachment at a distance.” In this way Puritan writers and readers were not simply learning about others but also cultivating an awareness of themselves as “stand[ing] in an ethically significant relation” to people all around the world. The underlying source of these cosmopolitan predilections was the law, specifically the law of nations, often considered the precursor to international law. Through the terms for sovereignty, obligation, and society made available by a turn toward the cosmopolitan within the law, the Puritans experimented with concepts of extended obligation and ideas about a society consisting of all humans, not just those living on certain trade routes or within certain foreign communities. In mapping out these thought experiments, The Puritan Cosmopolis uncovers Puritans who were reconceptualizing war, contemplating new ways of cultivating peace, and rewriting the rules for being Puritan by internalizing legal theories about living in a larger, more inclusive world.

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