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Dissertations / Theses on the topic 'Environmental law, International – Research'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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1

Lenferna, Georges Alexandre. "Creating a new declaration of rights : a critical reconstruction of earth jurisprudence's global legislative framework." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1001979.

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This thesis aims to critique the Universal Declaration of the Rights of Mother Earth and its underlying moral justification in order to provide a stronger and improved version of both. In Chapter 1 I explore what sort of moral justification is necessary to establish the Universal Declaration on firm grounds and explore its relation to environmental ethics and rights discourse. I argue that a non-anthropocentric perspective is necessary to justify the Universal Declaration’s rights. In Chapter 2 I explore the underlying justification of the Universal Declaration as discovered in the works of Co

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2

Gillespie, Al. "International environmental ethics : value and method in international environmental law and policy." Thesis, University of Nottingham, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361026.

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3

Ellis, Jaye. "Soft law as topos : the role of principles of soft law in the development of international environmental law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=37857.

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This dissertation addresses the impact of principles of soft law on the development of international regimes for environmental protection. It focuses on three such principles that have attracted a certain degree of consensus in international environmental law and are therefore influential in international environmental regimes: namely, the principle of common but differentiated obligations; the principle of common heritage of mankind and its corollary, the principle of common concern of humankind; and the precautionary principle. The regimes analysed are the Antarctic regime, the regime for co

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4

Romson, Åsa. "Environmental Policy Space and International Investment Law." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-74521.

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This dissertation analyses the implications of international investment law on host states’ legal ability to protect the environment, regulate sustainable use of natural resources, and develop new approaches to manage environmental risks and uncertainties. ‘Environmental policy space’ is found to be a useful term when exploring the regulatory autonomy in this context. On one hand, investment law aims to ensure stability of the investment environment. On the other hand, environmental law needs flexibility to react to the degradation of the environment. It is found that those different aims do n

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5

Motloung, Tebogo Wilfred. "Human rights and international environmental law: Towards the development of an international environmental right?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6543.

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Magister Legum - LLM<br>The global state of the environment is deteriorating daily because of challenges posed by environmental degradation, including climate change. In recognition of the mounting global environmental crisis and its detrimental impact on the enjoyment of human rights, there is a growing call for the recognition of what is generally referred to as a human right to a clean environment, otherwise referred to in this study as an international environmental right. Proponents of an international environmental right hold a firm view that such a right will prevent or mitigate actions

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6

Stephens, Tim. "The Role of International Courts and Tribunals in International Environmental Law." University of Sydney. Law, 2005. http://hdl.handle.net/2123/706.

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International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given

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7

Zapata, Lugo Jose Vicente. "Sustainable development : a role for international environmental law." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26232.

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This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of in

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8

Turner, Adam John. "The role of reciprocity in international environmental law." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610765.

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9

Kuokkanen, Tuomas. "International law and the environment variations on a theme /." The Hague ; London : Kluwer Law International, 2002. http://www.ebrary.com/.

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10

Apolevič, Jolanta. "The Impact of the Principles of International Environmental Law on Nuclear Law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140922_141136-97141.

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The thesis presents an investigation of the direct and indirect impact of environmental legal principles on international nuclear law and the regulation of nuclear activities, seeking to offer an up-to-date material for decision-making institutions and society on the main challenges that are necessary to overcome in order to reach the situation where nuclear energy could in the most effective way contribute to the implementation of environmental aims and where the environment could be adequately protected against any risks of the possible transboundary damage caused by nuclear activities devel

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11

Sharom, Azmi. "Compliance with International Environmental Law : three Malaysian case studies." Thesis, SOAS, University of London, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.398939.

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12

Gatien, Sean M. "Reconciling international environmental norms and traditional international law, the emerging jurisprudence of responsibility." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq24967.pdf.

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13

Gigot, Elisabeth. "International law and biofuel issue related to climate change." Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96171.

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14

Lyshall, Linda. "Collaboration and Climate Action at the Local Scale." Antioch University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1303754240.

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15

Darby, Jonathan Michael. "The role of adjudication in the resolution of international environmental disputes and the development of international environment law." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607996.

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16

Lara-Cabrera, Erasmo Alonso. "Non-state actors and adjudication by international tribunals : the test of international environmental law." Thesis, University of London, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401785.

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17

Haflidadottir, Helga. "The progressive development of international enforcement : public international law and compliance with environmental obligations." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/14459.

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This thesis is concerned with the progressive development of international enforcement. In effect, it explores the normative pull of international law and its influence on compliance with international environmental obligations. Moreover, it looks to the notion of progress in international law and assesses its influence within the sphere of international enforcement. In recent decades, the effect of contemporary environmental challenges on the enjoyment of various values and rights have become more apparent. It is in light of this present situation that this thesis explores the progressive dev

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18

Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.

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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of internati

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19

Kolloer, Thomas Henry. "Environmental philosophy in international law : a study of environmental philosophical perspectives in decisions of the International Court of Justice." Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7473/.

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This thesis argues that the International Court of Justice (ICJ) is in a unique position to advance environmental norms but that it does not. Reasons for this situation are analysed and, ultimately, a biocentric natural law philosophy is presented to address the deficiencies of the Court's environmental protection. To construct this argument the thesis demonstrates that it is not unreasonable to assume that the Court’s decision-making may embody a tacit philosophy. Notions of environmental duty and the traditions of thought they may be based upon are explored to understand this. Changing conce

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20

Foy, Valencia Pierre Claudio. "Considerations weather on environmental relevant of international conventions." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/116109.

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In the first part we introduce what we consider the main features of the United Nations Framework Convention on Climate Change (CMCC) and its context, in terms of prejuridical issues about climate diplomacy and general considerations about this convention. In the second part, we discuss some references in order to show the synergies between the international agreements and the CMCC and some other more specific legal instruments.<br>En la primera parte se elabora una caracterización de la Convención Marco de las Naciones Unidas sobre el Cambio Climático (CMCC) y su contexto en términos de consi

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21

Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.

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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belong

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22

Jóhannsdóttir, Aðalheiður. "The significance of the default : A study in environmental law methodology with emphasis on ecological sustainability and international biodiversity law." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-9546.

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The legal operationalisation of ecological sustainability concerns all levels of legal control. The ensuring of full biodiversity is an indispensible component of ecological sustainability. At the same time, biodiversity losses continue to be a serious problem in many regions of the world. The international community has responded to this dilemma by strengthening international biodiversity law as well as agreeing upon a particular biodiversity target. The aim is to reduce biodiversity losses at all levels by the year 2010. From a legal point of view this seems unproblematic. When, however, the

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23

Chiarolla, Claudio. "Intellectual property and environmental protection of crop biodiversity under international law." Thesis, Queen Mary, University of London, 2009. http://qmro.qmul.ac.uk/xmlui/handle/123456789/446.

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In agricultural research, plant genetic resources (PGR) are “non-traditional infrastructural resources”, which may generate higher social value and positive externalities if they are managed in an openly accessible manner. The privatisation of crop biodiversity is based on the assumption that the internalisation of these externalities is the panacea to fostering private research investment. However, if the domestic plant breeding and biotechnology capacity is limited, the above normative approach may fall short of expectations because the social costs of establishing or strengthening exclusion

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24

Tiar, T. "The role of UNEP in the development of international environmental law." Thesis, University of Southampton, 1986. http://catalog.hathitrust.org/api/volumes/oclc/23366967.html.

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Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986.<br>Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).

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25

McKenzie, Fiona G. "Health and environmental protection in international trade law : bridging the gap." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24153.

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The international trading system has a role to play in ensuring that its primary objective of trade liberalisation does not come at the expense of environmental and health concerns. The goal of this thesis is to evaluate the efforts that have been made by the WTO to integrate environmental/health issues in the international trade system and to propose ways of achieving greater linkage between these areas by performing both a legal and economic analysis of the subject. The various ways in which linkage occurs in the WTO are analysed, in particular, through the exceptions to the most-favoured-na

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26

Dufton, David J. "Is there a human right to a clean environment?" Thesis, Click to view the E-thesis via HKUTO, 1994. http://sunzi.lib.hku.hk/HKUTO/record/B38627802.

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27

Singh, Karan. "Aviation and environmental pollution: international attempts for cleaner and quieter skies." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66932.

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The focus of this work is to evaluate the various efforts being made internationally, to address the issue of the aviation environmental pollution. There are inherent problems with the enforcement of rules created by the International Civil Aviation Organization. I have attempted to focus the discussion on the place these rules have within the framework of Public International Law. Secondly, I present the approach that is being taken by the states of the European Union, and how they deal with the problem of pollution caused by aviation activities. There is a discussion about

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28

Danneman, Michaela. "The Paris Agreement´s compliance mechanism." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-135868.

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29

Behrens, Alexander. "A legal analysis of multilateral environmental agreements dealing with hazardous products and hazardous waste." Master's thesis, University of Cape Town, 2003. http://hdl.handle.net/11427/15421.

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Incudes bibliographical references.<br>The first human activities which were recognized as major environmental threats were industrial production processes. As a result, this field was the first which was subjected to environmental law, initially on a domestic level, and then subsequently also on a regional and global level. As development continued to progress, people realized that there were considerably more human activities that could also have a hazardous impact upon the environment. One of these were hazardous products, products which possess the inherent capacity to cause adverse effect

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30

Kasker, Muhammad Sameer. "Global environmental governance: is there a need for a global environmental organisation?" University of the Western Cape, 2014. http://hdl.handle.net/11394/4416.

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Magister Legum - LLM<br>In order to address the challenge of global environmental degradation and natural resource depletion, a complex and multi-layered environmental governance structure has materialised over the past few decades. There is widespread agreement that the current international environmental regime is too complex and inadequate to effectively address global environmental challenges. Thus, in order to control the threat of environmental degradation, many countries, authors, commentators and academics alike have opined that one centralised body be created for the effective control

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31

Short, David 1972. "Assessing the utility of a human rights approach to international environmental protection." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23966.

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There is a growing awareness of the inadequacy of the traditional framework of international law as a means of dealing with current environmental problems. This has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns.<br>This thesis undertakes a critical assessment of a human rights approach to environmental protection, with the aim of suggesting ways in which it could r

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32

Josephson, Per. "Common but differentiated responsibilities in the climate change regime : historic evaluation and future outlooks." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-145767.

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33

Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.

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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An al

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34

Bendel, Justine. "Environmental disputes in international courts and tribunals : overcoming the obstacles through judicial adaption." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23597.

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International law regulating the protection of the environment has grown exponentially over the years, with the adoption of many conventions covering the protection of specific environmental issues at the global, regional and bilateral levels. The variety of rules and types of protection is vast, and the question then is how to resolve potential conflicts. Within the field of interstate dispute settlement, the mechanisms that exist to solve international environment conflicts present a critical pressure point. Instead of a smooth process of adjudication, conducive to timely judgments that bene

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35

Andersen, Lars. "Stowage of goods in international Maritime transport." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22689.

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The paper presents and discusses the carrier's stowage duties under the Hague and Hague/Visby Rules and contrasts them with similar duties created in the Hamburg Rules. Particular attention is paid to stowage responsibilities in relation to the carriage of dangerous goods. A subsidiary examination considers the extent to which international stowage regulations adopted to protect safety and the environment may affect what constitutes proper stowage under the contract of carriage.

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36

Theil, Stefan. "Towards the environmental minimum : an argument for environmental protection through human rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/271827.

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Chapter one offers an introduction and a general outline of argument. Chapter two lays out the current scholarship on human rights and the environment and presents rejoinders to three prominent lines of objection to linking human rights and environmental interests: conceptual, those arising from issues of recognition, vagueness and conflicts between human rights, ecological, especially from those seeking protections for the environment regardless of its utility to humans, and those wishing to expand human rights beyond human interests, and adjudication concerns, namely from those sceptical tha

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37

Olsson, Louise. "Environmental Migrants in International Law : An assessment of protection gaps and solutions." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-46138.

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38

Rajamani, Lavanya. "Differential treatment in international environmental law : sharing the burden of climate protection." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401780.

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39

Geldenhuys, Benjamin Basson. "The North –South divide in international environmental law after the Paris agreement." University of the Western Cape, 2021. http://hdl.handle.net/11394/8068.

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Magister Legum - LLM<br>Global climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly in developing countries. The Stockholm Declaration of 1972 facilitated the first international consensus concerning the application of CBDR to international environmental problems. This was in reaction to the developing countries refusal to adhere to the same standards as the developed countries as they perceived this as a burden to their economic gr

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40

Geldenhuys, Benjamin Basson. "The North –South divide in International Environmental Law after the Paris Agreement." University of the Western Cape, 2003. http://hdl.handle.net/11394/8067.

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Magister Legum - LLM<br>Global climate change is a serious, severe, and potentially irreversible problem. If no actions are taken to curb greenhouse gas emissions, global temperatures and sea levels will rise, wreaking havoc on earth, particularly in developing countries. The Stockholm Declaration of 1972 facilitated the first international consensus concerning the application of CBDR to international environmental problems. This was in reaction to the developing countries refusal to adhere to the same standards as the developed countries as they perceived this as a burden to their economic gr

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41

Logday, Ayesha. "Space Debris and the BRICS countries: The role of international Environmental Law." University of Western Cape, 2019. http://hdl.handle.net/11394/7579.

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Magister Legum - LLM<br>Environmental Law is at the forefront of the global community and environmental protection and conservation is regarded as of the utmost importance.1 Outer Space is a unique, limited, and valuable resource. Outer space allows states to utilise thousands of satellites for research, national defence, and communications. At the inception of space law, only a few states dominated space activities and all human space activities were so challenging that nearly any method seemed acceptable for placing objects in outer space, currently more countries have space industries

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42

Breton-Le, Goff Gaëlle. "L'influence des organisations non gouvernementales sur la négociation de quelques instruments internationaux." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30313.

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More and more, international lawyers are confronted to the phenomenon of increasing number of Nongovernmental Organizations (NGOs) on the international scene, which is seldom studied by them. Traditionally, the participation of NGOs in international negotiations has been examined from the functioning of their relations between them and international organizations. Their increasing participation in international negotiation forums however, raises the question of their influence on the preparation of legal texts adopted by States. This study tries to review those two aspects of their influence b

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43

Hildebrand, Philipp Michael. "Compliance in the international environmental politics : the case of the European Union." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.259981.

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44

Konasinghe, Dheemathee Kokilani Lankathilake. "Mitigating North-South participation inequalities in global environmental governance : potential NGO contributions." Thesis, Keele University, 2011. http://eprints.keele.ac.uk/2060/.

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For several historical and political reasons, the decision-making processes and institutional structures of environmental governance has been greatly impacted by the North-South dimension, which creates enormous challenges for Southern states when they try to present their concerns to global forums. These challenges have many dimensions, such as political, economic, social, and legal. This thesis recognises the “poverty of influence” that has become endemic as a result of the lack of resources, expertise, research facilities, technology and other practical deficiencies that exist in the negoti

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45

Bowman, Megan. "Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.

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The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same pro

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46

Cortobius, Fredriksson Moa. "ProBenefit : Implementing the Convention on Biological Diversity in the Ecuadorian Amazon." Thesis, Södertörn University College, School of Life Sciences, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-2771.

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<p>Legislation on benefit sharing dates back to 1992 and the commandment of the UNConvention on Biological Diversity, hence implementation still has few cases to fall back on(CBD, 1992). The case study of the project ProBenefit presented by the thesis highlights howlack of deliberation can undermine a democratic process. The objective of the thesis is thatProBenefit’s attempt to implement the standards of the CBD on access and benefit sharingwill highlight not only problems met by this specific project, but difficulties that generallymeet democratic processes in contexts of high inequality. To

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47

Karadas, Cemalettin. "The responsibility of successor States in the field of the environment." Thesis, University of East Anglia, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.247219.

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48

Akanle, Oluwatomilola. "Distributive justice in international law : can the CDM regime support an equitable geographic distribution of projects?" Thesis, University of Dundee, 2011. https://discovery.dundee.ac.uk/en/studentTheses/0b2962ae-3882-4892-b2b1-4a6ba637255e.

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This research determines whether and how an equitable geographic distribution of Clean Development Mechanism (CDM) projects can be achieved. In particular, it examines whether the CDM legal regime can achieve an equitable geographic distribution of projects, or whether the issues that contribute to the inequitable distribution are fundamental to the design of the regime. The two main questions answered by this research are: how should CDM projects be distributed among countries, that is, what is the meaning of equitable geographic distribution of CDM projects; and can the CDM regime achieve th

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49

Viko, Iyadah John. "Assessing the possible approaches and the limitations of the human rights aspects of environmental harm under the International Bill of Rights : the need for a convention on the human rights to a healthy environment." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233655.

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The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy envir

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50

Macarchuk, Ashley. "The Effect of International NGOs on Influencing Domestic Policy and Law." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.

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This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable t

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