By Michael Faure, Song Ying
This booklet considers the ways that transboundary environmental toxins could be remedied via various felony tools. specific recognition is paid to the toxins of the Songhua river in China, yet felony treatments to transboundary pollutants also are mentioned in a broader context. the point of interest of this booklet is on overseas environmental legislation and overseas conventions in addition to the applying of nationwide environmental legislations in a transboundary felony context. hence contributions additionally be aware of voluntary methods, the significance of transboundary environmental influence review and the appliance of nationwide legal legislation to transboundary pollutants. not just is transboundary toxins mentioned from the point of view of foreign legislation, but in addition from that of the appliance of nationwide legislations to transboundary pollutants, therefore centering on deepest legislation, administrative legislation and felony law.As such, this booklet can be of significant curiosity to lecturers, practitioners and scholars.
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Extra info for China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law)
China apologizes to Russia for spill; Harbin reopens taps as Khabarovsk plans emergency response; International Herald Tribune, November 28, 2005, p. 1. 11 See for a discussion of the legal responses to the incident, chapters 10–12 of this volume. 12 Koh (1996, pp. 183–184). 13 Koh (1979, p. 2599). 14 International environmental law and conventions limitations of separate options for presenting claims. Thirdly, it will explore the way in which, by pursuing multiple options, litigants may overcome such limitations.
While a defendant state may in fact have breached domestic law, human rights law and interstate obligations pertaining to the environmental harm, the determination of such breaches and the consequences thereof can only be pursued in various courts and tribunals, each with a limited jurisdiction. However, some courts may be inclined to reach out beyond their narrow conﬁnes, incorporate bodies of law that really belong to another domain, and ‘undo’ the eﬀects of the fragmented organization of the litigation options.
A/56/10 (2001), reprinted in Crawford (2002). 9 claims by private persons against states, let alone to claims by private persons against other private persons, this article uses the term as a shorthand for reparation claims that can be presented by private persons in cases of transboundary harm. pdf. 4 Pulp Mills on the River Uruguay (Argentina v Uruguay); see brief discussion by Bekker (2007). doc. php. htm. pdf, pp. 35–37. pdf. shtml. Cluster-litigation and environmental harm 13 In many other incidents a comparable set of options may be open.
China And International Environmental Liability: Legal Remedies for Transboundary Pollution (New Horizons in Environmental Law) by Michael Faure, Song Ying