| Notas: | Tabla de contenido Note to the reader from the UNU Acknowledgements List of abbreviations Introduction 1. Global environmental change and international law: the introductory framework I. Trends in global environmental change II. The development of international environmental law III. Themes IV. Important future themes V. Organization of the book Notes Issues in international environmental law 2. International norm-making A. The international legislative process B. Steps in the treaty-making process C. The creation of customary law D. The creation of soft law E. Concluding remarks Annex Notes 3. Changing requirements for international information Introduction Changing environmental information requirements Better understanding of environmental conditions and trends International environmental impact assessments? Information to strengthen international agreements Ecosystem and resource information with policy implications The precautionary principle A new regime for sustainable development Recent developments Looking ahead Notes 4. Emerging principles and rules for the prevention and mitigation of environmental harm Introduction 1. Significance and role of principles and rules of prevention and mitigation 2. Traditional norms, principles, and rules 3. Characteristics of global environmental change 4. Double-track approach as a treaty-making technique 5. Emerging principles and rules of prevention and mitigation 6. Toward an international management of global environmental change Notes 5. State responsibility, liability, and remedial measures under international law: new criteria for environmental protection 1. The evolving law of state responsibility 2. New environmental realities and their impact upon the law 3. Conceptual developments and the new basic principle of international law 4. The expanding scope of the law: global reach and international cooperation 5. Material changes in the law of state responsibility 6. Expanding the protection of the affected interests 7. Liability for acts not prohibited by international law: the ongoing debate 8. The expanding role of practice: substantive and procedural developments 9. The protection of the marine environment: a leading case of innovation 10. The Antarctic environment: developing a comprehensive regime for responsibility and liability 11. The new law of state responsibility: improvement and caution 12. Avoiding environmental degradation and opposing the world ecological government: a conclusion Notes 6. Law and global environmental management: some open issues The point of departure International preventive norms and mechanisms Compensatory remedies: gaps and trends in international law Enforcement: deterrence: incentives and disincentives Future outlook Notes 7. The legislation and implementation of international environmental law and the third world: the example of China An overview of international environmental legislation and its implementation The status of third-world states in international environmental legislation and its implementation Some personal views and suggestions to encourage a more positive role of the third world in the legislation and implementation of international environmental law Notes Appendix: a case-study: China's positive attitude toward the adoption and implementation of international environmental legislation Notes International human rights law and environmental problems An introductory note on a human right to environment Notes 8. The human rights system as a conceptual framework for environmental law Environmental issues Environmental rights in the context of the natural order Duty to future generations The concept of "the common concern of mankind" The protection of indigenous peoples Environmental rights and international refugee law Substantive norm-making and enforcement procedures Conclusion Notes 9. The contribution of international human rights law to environmental protection, with special reference to global environmental change Summary I. The growth of human rights protection and environmental protection: from internationalization to globalization II. The incidence of the temporal dimension in environmental protection and in human rights protection III. The fundamental right to life at the basis of the ratio legis of international human rights law and environmental law IV. The right to health as the starting-point towards the right to a healthy environment V. The right to a healthy environment as an extension of the right to health VI. The protection of vulnerable groups at the confluence of international human rights law and international environmental law VII. The recognition of the right to a healthy environment: The concern for environmental protection in international human rights instruments VIII. Concern for the protection of human rights in the realm of international environmental law IX. Concern for the protection of the environment in the realm of international humanitarian law X. Protection of the environment and international refugee law XI. The question of the implementation (mise en oeuvre) of the right to a healthy environment XII. The right to a healthy environment and the absence of restrictions in the expansion of human rights protection and environmental protection Notes Future directions in international regimes 10. The implications of global change for the international legal system The impact of global change on different functions in international law The impact of global change on international structures Notes 11. Restructuring the international organizational framework A. The current structure B. Some objectives of and constraints on possible improvements C. Changes to be considered D. Conclusion Notes Annex: The learning capacity of international organizations Notes 12. Intergenerational equity: a legal framework for global environmental change I. The temporal dimension in international law II. Alternative approaches to intergenerational equity III. Principles of intergenerational equity IV. Intergenerational rights and obligations V. Implementation of intergenerational equity Notes 13. Ecological security: response to global challenges I. Conceptual paradigm II. Legal regime III. Principles Appendices A. Global learning: concept and applications I. Introduction: antecedents II. Approaches to global learning III. Global learning: facilitation and obstacles IV. Content of global learning Notes B. Chronological index of selected international environmental legal instruments C. Contributors |
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