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Dissertations / Theses on the topic 'Transboundary law'
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1
Xue, Hanqin. "Transboundary damage in international law /." Cambridge [u.a.] : Cambridge Univ. Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/353846376.pdf.
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Ng, Kwok-keung Stephen, and 吳國強. "Transboundary water pollution: a legal perspective." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B31255255.
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Archer, Jennifer Lynne. "Transcending sovereignty : locating Indigenous peoples in transboundary water law." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/40366.
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All people rely upon water for life. Indigenous peoples are especially vulnerable to water conflicts and yet lack recognition in international water law. This thesis adopts Critical Race Theory to examine the intersection between transboundary water law, the doctrine of sovereignty and the international law of Indigenous peoples. The methodology adopted in this thesis includes: (i) a deconstruction of the UN Watercourse Convention and the doctrine of sovereignty; (ii) a review of Indigenous perspectives on sovereignty; and (iii) a proposal for the reconstruction of transboundary water law in a manner that recognizes the internationally affirmed rights of Indigenous peoples.
A deconstruction of the UN Watercourse Convention and related discourse reveals that state-centric approaches to transboundary water law fail to recognize Indigenous peoples’ international rights or the pivotal role that Indigenous peoples’ traditional knowledge might play in transcending conflict. Case examples are provided (Columbia River and Tsangpo-Brahmaputra River) that illustrate the vulnerability of Indigenous peoples in the face of state development agreements. The inequities that exist in international water law are rooted in the historical doctrine of sovereignty which has evolved to subordinate Indigenous peoples’ interests to state interests.
Indigenous perspectives regarding sovereignty provide a counter-point to the dominant legal discourse and weave an alternate narrative that challenges the myth of objectivity and neutrality that surrounds the doctrine of sovereignty and international law generally. Once we recognize that sovereignty is a social construct, we can recognize our collective ability to reconstruct international laws in a manner that transcends the sovereign discourse and recognizes the rights of Indigenous peoples. Endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is indicative of states’ commitment to recognize Indigenous peoples’ rights throughout the international legal system.
This thesis concludes by offering a proposal for reconstructing transboundary water law through a return to ethics and coalition building. Future reform should be directed towards (a) articulating an international water ethic with the critical engagement of Indigenous peoples; and (b) ensuring that river basin organizations are established on every transboundary river in a manner consistent with this shared international water ethic.
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Okowa, Phoebe Nyawade. "State responsibility for transboundary air pollution in international law." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359957.
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Bhurtyal, Kul Ratna. "International law and the sharing of transboundary water resources." Thesis, University of Aberdeen, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.248650.
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The rapidly increasing population in the developing world is creating heavy pressure on the use of water for mushrooming cities, domestic consumption, and irrigated agriculture. At the same time effluents and water for human settlements, industry and agriculture are overloading the capacity of watercourses to recuperate. The use and misuse of water in one location can have far-flung effects, altering downstream resources, affecting the reliability of water flows, and degrading water quality and aquatic ecosystems. States have the tendency to use water as much as possible for their own benefit transferring the negative externalities to other riparian. In the absence of legal rule, a norm to address these tensions, water competition is likely to cause discord between groups dependent on the same resources. Several doctrines have been put forward by nations to justify their unilateral interest. International water law, a relatively new branch of international law aims to advocate that every notion sharing a watercourse is entitled to a reasonable and equitable share. Recognising the significance of international river basins, the International Law Commission, on the recommendation of United Nations General Assembly, worked for two decades to bring about a Convention to help in regulating the use of international watercourses in an equitable an reasonable manner. On this premise this study attempts to trace out a picture of the evolution and development of international water law, identifying the major issues and forces that are vital to the problem of sharing of water resources in international river basins of the world. It also tries to examine the theoretical premises of utilisation of international water resources and seeks to suggest practical and implmentable proposals for the better water sharing arrangements for the purpose of maintaining the balanced interests of all the riparian states.
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Suwonnawong, Pakatida. "Legal safeguards for environmental protection in transboundary movements of E-waste." Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96029.
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Amorelli, Federico Dino. "Fight over Freshwater : The role of international law in transboundary watercourse governance." Thesis, Stockholms universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-195126.
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With a changing climate, population growth and pollution, the twenty-first cen-tury imposes new challenges in the field of water distribution. International wa-tercourses are especially vulnerable, since their transboundry nature makes the water a contested resource. Although the traditional notion that watercourses are an integral part of the sovreignity of the state, more and more states has understood the importance of regulating the relationship between states that share the same watercourse, as to avoid dispute and coordinate benefits and responsibilities. The UN water-course convention was created in 1997 to fill this gap in state-on-state relations, and to stipulate equal and sustainable shared governance. However, the inter-national community struggled in reaching a consensus over the resource alloca-tion mechanism, despite the ambitious attempts at reaching a compromise in the lead up to the convention. This has led to a general reluctance to embrace the convention, consequently creating a discrepancy in the regulatory frame-work of the different basins. The essay will discuss the role which the international legal system plays in regulating transboundry watercourse governance in terms of resource alloca-tion, cooperation, dispute settlement and environmental considerations.
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Amlak, Mehari Gebre. "African countries and the conventions on the control of transboundary movements of hazardous wastes." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69535.
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In recent decades, hazardous waste generation has increased in industrialized countries, and disposal facilities, especially landfill spaces, have become scarce and therefore more expensive. As a result, exports of hazardous waste to developing countries, especially to Africa grew considerably due to low cost of "disposal". African countries lack the legal and industrial set-ups and technical capacity to dispose of the waste safely.In an attempt to control such exports, African countries adopted the Bamako Convention in January, 1991. The Convention was modelled on the Basel Convention, an instrument adopted earlier on the same subject, but at a global level. Except with respect to certain issues like clean production methods, non-polluting technology and inter-African trade in hazardous waste, the Bamako and Basel Conventions are identical and contain similar shortcomings.
On account of Africa's reality, however, the Bamako Convention should have approached the problem of transboundary movements of hazardous waste within the context of a comprehensive legal, economic, political, ethical and environmental strategy. Reliance on people's participation, regional environmental assessment and co-operation with industrialized countries should have been emphasised. Furthermore, African countries should have sought solutions at global, regional and national levels.
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Wu, Tung-Chieh Jansen 1966. "Intergenerational and intragenerational equity and transboundary movements of radioactive wastes." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29566.
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The purpose of this thesis is to explore the distributional side of environmental risks and burdens and, more particularly, to explain the significance of including intergenerational and intragenerational equity concerns within the fashioning of a legal regime governing the transboundary movement of radioactive waste. The thesis focuses on fairness and equity considerations between generations (intergenerational equity) and within contemporary generations (intragenerational equity) in the context of transboundary movements of radioactive wastes. First, a detailed exploration of the emergence of intergenerational and intragenerational equity principles is conducted. Then, the implementing principles of intergenerational and intragenerational equity with regard to environmental risk and burden distribution are put forward. Further, sensitive to the equity dimensions of the transboundary movement of radioactive waste, the thesis explains transboundary movement within a broader political and economic framework, and illustrates the potential transboundary and transgenerational externalities arising from transboundary movement. Management strategies available to help prevent or reduce transboundary and transgenerational externalities are examined. In addition, the evolution of the legal regime governing transboundary movements is reviewed and proposals for reform of the current regime are presented. Finally, the thesis concludes with concrete observations and recommendations. Through the lens of intergenerational and intragenerational equity, the thesis evaluates the fairness of environmental risk and burden distribution, spatially and intertemporally, in the context of transboundary movements of radioactive wastes.
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Horbach, Nathalie Louisa Johanna Theodora. "Liability versus responsibility under international law : defending strict state responsibility for transboundary damage /." [S.l.] : [S.n.], 1996. http://catalogue.bnf.fr/ark:/12148/cb37760399h.
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Williams, Paul Robert. "International law and the resolution of Central and East European transboundary environmental disputes." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.625033.
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Fortugno, Stefania A. (Stefania Angela). "An ethical and preventive approach to transboundary hazardous waste movements : a view from Canada." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26200.
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The purpose of this study is to examine the issues relating to transboundary hazardous waste movements and the most recent efforts to address them at the international, regional and national levels. The transfer of hazardous wastes from the country of origin to other nations raises a number of environmental, ethical and economic concerns, particularly when developing nations are targeted as waste recipients. This work argues that the only appropriate response is the adoption of an ethical and preventive approach to the transboundary movement and management of hazardous waste. At the national level, prevention in the form of waste minimization and an integrated multi-media approach to hazardous waste management is essential to stem the tide of transboundary waste flows and to ensure environmental and human health protection. This work concludes with an examination of the necessity of a partial or global ban on transboundary waste movements and outlines new directions for sustainable development.
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Guneyli, Yamac. "Determination Of Environmental Problems Of The Transboundary Pipeline And Applicable National And International Legal Framework." Master's thesis, METU, 2003. http://etd.lib.metu.edu.tr/upload/1055714/index.pdf.
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Regarding historical tendency and today’
s future estimations, the global demand of petroleum is expected to reach a huge amount and this will be supplied by fossil fuels. Turkey&
#8217
s geographic location will make it an optimum route for transportation between the energy-rich Caspian regions, and the energy-consuming nations of Europe. Therefore, the transboundary pipeline, the most efficient means of transporting large quantities of hydrocarbons across long distances over land, will gain importance and the decision of a route through Turkey is a logical selection. However, despite all the security measures, pipelines have caused much significant environmental pollution due to accident, intention or negligence. Law is the major applied tool for compensating this environmental pollution and for determining the liable person or organization. According to international law, the rights and obligations of the source State and potentially affected states should be defined in such a way that all transit states can proceed with their operations. Moreover, the source state acts in compliance with its international obligations and adopts the necessary regulations in order to safeguard that the person in control of a potentially harm-causing activity has to bear the costs of additional measures to comply with those regulations. However, if the source state acts in violation of its international obligations, not the person in control of the activity but the state would be primary liable ex delicto. Equally significant, Turkey requires some changes in the existing laws and additional new regulations for constituting more effective Turkish Liability law and being a reference source for internationally liability law. Regarding hazardous facilities, Turkey needs some common provisions to derive new solution possibilities and to identify some criteria for cases in the future.
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Saleh, Saleh. "The distributive allocation of transboundary, non-recharging groundwater: what lessons can international petroleum law offer international law relating to groundwater?" Thesis, University of Dundee, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.650095.
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Bohman, Brita. "Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-137829.
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This dissertation evaluates the role and effectiveness of law in the transboundary environmental governance of the Baltic Sea with regard to eutrophication. To this end, it reviews the applicable international agreements with their related instruments, as well as the EU legal frameworks, for the protection of the Baltic Sea environment on the basis of theories on resilience in social-ecological systems. The scientific discourse on resilience in social-ecological systems provides theories on effective governance of complex environmental problems with nonlinear causal connections. The governance features identified in resilience governance also show significant similarities with characteristic features of the concept of ecosystem approach. The resilience features can thus provide guidance to the operationalization of this concept, which lacks a distinct meaning in the legal context. Eutrophication is one of the main environmental problems in the Baltic Sea. Despite the fact that this problem has been acknowledged since the 1970s, only little progress has been visible in the attempts to limit the problem. Environmental governance in the form of cooperation and common action has, however, been established by the coastal states of the Baltic Sea to reduce the discharges to their common resource. This was originally coordinated through the Helsinki Convention and its administrative organization HELCOM in the 1970s. Since the year 2000 a new set of legal instruments and approaches have developed, emphasizing also the ecosystem approach. These instruments have a basis both in HELCOM and in EU environmental law, most significantly represented by the Water Framework Directive and the Marine Strategy Framework Directive. They establish a unique regulatory structure, with new approaches to regulation, which also give rise to questions regarding interpretation and effectiveness that have not previously been analyzed. It is concluded that applicable law in the Baltic Sea area reflects resilience features such as adaptability, flexibility and redundancy within the legal structure. The legal structure for the Baltic Sea is dynamic and stretches over many levels of governance. The applicable legal instruments are constructed so as to be adaptable and flexible. The legal instruments moreover include significant elements that provide for participation at different levels and in different forms, which contribute to enabling the mentioned resilience features. However, the Baltic Sea legal structure – as law in general – has different core functions than just providing for effective environmental governance. Law is based in a number of general principles connected to the rule of law and the function of law as a foundation for stability in the society and in human interactions. These principles are also important since they are directly linked to enforcement, monitoring and control. While the legal structure in the Baltic Sea may provide for effective governance and social-ecological resilience, the resilience features reflected in law do not always appear as far-reaching as suggested by resilience theories, much due to the legal principles. It is however because of these principles and the base for binding requirements they enable, that law can push for governance measures and features that might not have been accomplished otherwise. This, in the larger perspective, includes creating requirements that steer human activities away from critical thresholds.Baltic Ecosystem Adaptive Management, BEAM
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Efing, Antônio Carlos, and Bergstein Lais Gomes. "Shared responsibility for post-consumer waste in the fight against transboundary pollution." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/122983.
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This study analyzes the impact of the establishment of shared responsibility for post-consumer waste, as an instrument in the fight against environmental degradation, in the Brazilian legal system. it has as its premise that the increment of sustainability levels is essential, especially in the context of postmodernism, which is marked by mass consumption, extensive use of natural resources and the spreading of risks. Notably, consumer societies contribute enormously to the spread of this type of pollution, because they produce a profusion of consumer goods and, on the other hand, do not administer the post-consumer waste with the same efficiency. therefore, the proper management of product chain and life cycle waste is one of the greatest challenges to environmental preservation, especially in the case of the transportation of contaminants via natural forces, resulting in the so called transboundary pollution. the study found that only integrated actions among countries can lead to the preservation of an ecologically balanced environment to present and future generations. indeed, international cooperation is crucial to battle transboundary pollution, as well as to promote the establishment of legal systems which are compatible with the idea of sustainability. Furthermore, the study made it possible to conclude that shared responsibility, comprising introducing consumer’s active participation in reverse logistics, is fundamental to the achievement of the desired levels of sustainability. the present study was based on the deductive scientific method and predominantly relied on bibliographical resources.Este estudio analiza el impacto de la institución de la responsabilidad compartida de los residuos posconsumo en la legislación brasileña, como un instrumento de combate contra la degradación ambiental. Parte de la premisa de que la elevación de los estándares de sustentabilidad en las sociedades es de suma importancia, especialmente en el contexto de la posmodenidad, que es marcada por el consumo masivo, la amplia utilización de recursos naturales y la propagación de los riesgos. en particular, las sociedades de consumo contribuyen enormemente con la propagación de este tipo de contaminación, pues producen bienes de consumo en abundancia, y, por otra parte, no administran los residuos del posconsumo con la misma eficiencia. Por lo tanto, la adecuada gestión de los residuos provenidos de la cadena productiva y del ciclo de vida de los productos es uno de los grandes desafíos para la preservación ambiental, especialmente en relación al transporte de agentes contaminantes por medio de fenómenos naturales, dando lugar a la llamada contaminación transfronteriza. el estudio constató que solamente acciones integradas entre los países puede conducir al mantenimiento del medio ambiente ecológicamente equilibrado para las presentes y futuras generaciones. en efecto, la cooperación internacional, además de promover el establecimiento de sistemas jurídicos compatibles con el estándar de sustentabilidad, es apremiante para combatir la contaminación transfronteriza. Asimismo, se concluyó que el compartimiento de responsabilidades, incluso imponiéndose la participación activa del consumidor en la realización de la logística inversa, es fundamental para el logro de los niveles deseados de sustentabilidad. El presente estudio se basa en el método científico deductivo y se realizó eminentemente la investigación bibliográfica.
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Moynihan, Ruby Mahana. "The contribution of the UNECE water regime to international law on transboundary watercourses and freshwater ecosystems." Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/31049.
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Achieving global water sustainability through a resilient international legal architecture presents one of the most pressing challenges within our resource finite planet. A staggering 42 percent of the total land area of the earth is covered by transboundary river basins, where more than 40 percent of the global population lives and depends on the ecosystem services of the 286 transboundary river basins and 200 transboundary aquifers stretching across the political boundaries of 151 countries. There is already evidence of water resources becoming a source of conflict in many regions and constraining a whole myriad of securities – climate, human, environmental, food, economic, energy – on various levels of society. The international legal architecture to manage this critical natural resource is the overarching area of inquiry in this thesis, and requires improvement to address current and predicted future transboundary water challenges, conflicts and strengthen cooperation. Despite the establishment of around 690 river basin treaties, many of these agreements completely miss or provide unclear provisions on principles and rules of international water law. Until recently there was no legally binding global treaty on transboundary watercourses and customary international law has provided the default rules in the absence of agreements and facilitated the re-interpretation of older agreements in accordance with the Vienna Convention on the Law of Treaties. Now there are potentially two global treaties, with the recent entry into force of the 1997 UN Watercourses Convention and the global opening up of the 1992 pan-regional United Nations Economic Commission for Europe (UNECE) Water Convention, to all UN member states. There is also a plethora of other international environmental legal and non-legally binding instruments, indirectly addressing international law relevant to transboundary watercourses and freshwater ecosystems. Legal regimes for the protection and use of international river basins cannot be interpreted and applied in isolation from other relevant norms of international environmental and general international law. This thesis seeks to understand the rising role and contribution of regional approaches relevant to international law on transboundary watercourses and freshwater ecosystems. More specifically it explores the contribution of the UNECE Water Convention and other relevant UNECE environmental instruments as a structurally distinctive ‘regime’. This thesis introduces a novel conception of a broader ‘UNECE water regime’ which includes the Water Convention, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice (Aarhus Convention), the Convention on Transboundary Environmental Impact Assessment (Espoo Convention), the Convention on the Transboundary Effects of Industrial Accidents, as well as their protocols and non-binding instruments. This research demonstrates how these instruments and their institutions can be interpreted and understood to form a common framework of rules, principles and approaches which fills critical gaps in basin treaties, and collectively contributes to the clarification and development of international law on transboundary watercourses and freshwater ecosystems. This analysis also explores institutional interaction and coordination between and beyond the UNECE pan-regional agreements, as well as the role of soft law or non-binding instruments, and state and non-state actors in the regime. This thesis seeks to contribute to a more coherent understanding of the relationship between the UNECE water regime, international water law, international environmental law and general international law. The UNECE water regime has contributed to clarifying many of the cornerstone rules and principles of international water law and it is argued that the UNECE water regime is lex specialis, which can and mostly does go beyond the UN Watercourses Convention. The UNECE water regime has also arguably spearheaded a paradigm shift in international water law, which sees it moving beyond its historically predominant focus on issues of transboundary impact and utilisation towards a stronger ecosystem orientated approach to environmental protection and equitable use of transboundary river basins. This research identifies key elements of an ecosystem approach, drawing from international environmental and international water law and demonstrates how the ecosystem approach, including ecosystem services, as supported by the UNECE water regime, affects interpretation of international water law towards enhancing ecosystem protection and intra-state equity. This research also explores how the UNECE regime goes beyond what exists elsewhere in international law and international water law on public participation and access to justice. Finally, this research examines the contribution of the UNECE regime vis-à-vis international and European Union water law, across the spectrum of pan-European river basins, especially focusing on the Danube, Sava and Western Bug basins. The UNECE water regime is the most evolved pan-regional regime of its kind, providing ambitious detailed standards and clarification of rules and principles relevant to transboundary watercourses and freshwater ecosystems. It also provides a valuable model of institutional cooperation, progressively engaging state and non-state actors. As this regime takes steps towards realising its global ambition, with almost all instruments now open to all UN member states, and the recent accession by Chad to the Water Convention, this analysis demonstrates why this is predominantly a positive endeavour but also highlights potential challenges and hurdles. This research thus explores the implications and benefits of the UNECE’s rising role in strengthening the international legal architecture to protect the world’s fragile transboundary watercourses and freshwater ecosystems.
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Daibes-Murad, Fadia Francis. "A progressive multidisciplinary approach for resolving the Palestinian-Israeli conflict over transboundary groundwater : what lessons from international law?" Thesis, University of Dundee, 2004. https://discovery.dundee.ac.uk/en/studentTheses/ac317338-05e2-424e-ab3c-b6f00bdda9f0.
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The rights and obligations of States concerning their shared transboundary groundwates are not fully understood. The primary reasons for this are the complex characteristics and behaviours of groundwater, and the lack of full understanding of its interconnection with the surrounding environment. Consequently, States appear to be reluctant in concluding legally binding arrangements that specifically address this topic. This complexity is further intensified under difficult political situations, whereby the Parties sharing groundwater are unable to foresee the benefits of cooperation concerning this resource. This thesis represents an inquiry into the rules and principles governing the utilization of shared transboundary groundwater, and how cooperative frameworks can be initiated implemented, in the complex political context of the Mountain Aquifer shared between Israel and Palestine. The main objective of this thesis is to achieve an integrative mutually beneficial arrangement in the case of the Mountain Aquifer, based on lessons learnt from international law. The proposal for approaching the problem within the Palestinian-Israeli context is to progressively establish a solid basis for long-term sustainable arrangements. The progressive approach starts with a non-binding flexible arrangement that can serve the short-term need, which gradually builds up into a final legally binding arrangement based on international law.
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Jones, Patricia. "The application of equitable and reasonable utilisation to transboundary water resources disputes : lessons from international practice." Thesis, University of Dundee, 2009. https://discovery.dundee.ac.uk/en/studentTheses/5d4b8fd3-466a-4856-9954-987ff75ea20f.
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Water resources located in more than one country are complex systems governed by customary international law embodied in a rule known as equitable and reasonable utilisation, a recent development in international law not yet been applied by an international tribunal to resolve a dispute or to allocate transboundary water resources between countries. Water scarcity on a global scale has reached critical proportions with 1.1 billion people without access to sufficient safe water for personal and domestic use; over half that number depend on transboundary watercourses that will disappear over the next century. Conflicts of use over shared water resource have the potential to escalate into armed conflict; certainty in the peaceful means to avoid and resolve disputes is needed. The thesis examines international procedural practice and jurisprudence applying equitable principles in a case study to illustrate how equitable and reasonable utilisation may be applied by an international tribunal. The survey of international practice will inform States about procedural options for dispute avoidance and resolution in disputes over the use of transboundary water resources.
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Bojang, Buba. "The status and expanding role of joint development of common or transboundary oil and gas resources in international law." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=236935.
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The growth and expansion of Joint Development Agreements, which promote the joint development of common or transboundary petroleum deposits between countries with opposite or adjacent coastlines are an indication that the status of the obligation to jointly develop common or transboundary oil and gas resources as a rule of customary international law may no longer be doubtful. This research examines the origin and evolution of Joint Development (JD) to determine its status in international law, including the law of the sea. It also explores the concept of shared natural resources in international law, intending to determine whether common or transboundary oil and gas resources are a part of the family of shared natural resources. It argues that the rule applicable to other shared natural resources such as international rivers, transboundary fish stocks and transboundary groundwater may be extrapolated and applied to common or transboundary oil and gas resources. It gives a detailed, analytical account of the progressive development of the concept of JD and how the International Law Commission (ILC) failed to take this developing trend to the level of codification when it decided in 2009 to discontinue the topic of oil and gas in its programme of work. The research argues that JD of common or transboundary oil and gas resources should now be considered as a settled norm of customary international law.
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Bishop, Davide. "The challenge of creating an effective and equitable legal regime to cover transboundary protected areas considering the challenge through the lens of the Great Limpopo Transfrontier Park." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4465.
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Includes bibliographical references.Contemporary recognition of the need to expand existing protected area systems has culminated in the formulation of the Strategic Plan for Biodiversity 2011-2020 by the parties to the Convention on Biological Diversity (CBD). This Strategic Plan incorporates 20 ambitious 'Aichi Biodiversity Targets'; with Target 11 specifically requiring that by 2020 'at least 17 per cent of terrestrial and inland water and 10 per cent of coastal and marine areas are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas, as well as, other effective area-based conservation measures, and integrated into the wider landscape and seascape.' Target 11 requires compliance with a number of preconditions, two of which will be discussed in this dissertation. First, well-governed protected areas provide an established mechanism for both safeguarding habitats and populations of species, as well as, delivering important ecosystem services. It is, therefore, imperative that governance and planning measures are implemented effectively and equitably. Secondly, protected areas are required to be well-connected to the wider landscape through the use of corridors and ecological networks facilitating connectivity, adaption to climate change and the application of the ecosystem approach. Transboundary Natural Resource Management (TBNRM) provides a unique opportunity for realising both conditions.
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Wilk, Alexander. "Blue gold : the utilisation of the Nubian Sandstone Aquifer System in light of Islamic norms and its impact on the emerging law of transboundary fossil aquifers." Thesis, University of Essex, 2016. http://repository.essex.ac.uk/20042/.
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The Nubian Sandstone Aquifer System is one of the world’s largest transboundary fossil aquifers and stretches underneath the territories of the North African States of Egypt, Libya, Sudan and Chad. All four States have strong Islamic cultural backgrounds, and Egypt, Libya and Sudan have enshrined Shari'a as a fundamental source of law in their constitutions. This thesis assesses the extent to which the 2008 Draft Articles on the Law of Transboundary Aquifers, proposed to the UN General Assembly by the International Law Commission, are compatible with general principles of Islamic water law. Both the 2008 Draft Articles as the current culmination of international groundwater law and Islamic law suffer from certain shortcomings. Whilst the former lacks the same binding authority Islamic law enjoys and to date does not elaborate the potential issue of water commercialisation in water scarce regions, the latter lacks the transboundary perspective in relation to groundwater. This highlights the impact Islamic law could have on the on-going negotiations between the NSAS Aquifer States, whereby specific Islamic provisions could provide stepping-stones towards an innovative utilisation framework for the NSAS that adequately addresses the need for precaution and intergenerational equity, which, inter alia, could instil new impetus for a refined set of Draft Articles. An alternative future is likely to evolve along the lines of separate agreements and a more fragmented corpus of international law rather than a coherent body of codified international law on transboundary fossil aquifers, which would run counter to the International Law Commission’s objective.
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Msukwa, Chimwemwe Kanyamana. "Strategic interests in transboundary river cooperation in Southern Africa – the case of the Okavango." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5239.
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Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2010.Bibliography
ENGLISH ABSTRACT: Water is life. Its availability and quality directly relates to what is possible in agriculture as well as human health. In Southern Africa, water issues have become an important political agenda as a result of the droughts that the region has been experiencing. The Southern Africa Development Community (SADC), in its water protocol advises its member states to set up river basin organisations to manage transboundary rivers in Southern Africa. The aim is to encourage the sustainable use of international rivers. Sharing international rivers has proven to be a very difficult issue as shown by the voting patterns on the UN Convention on the Law of Non Navigational Uses of Transboundary Rivers and the subsequent failure of entry into force of this convention. While strategic interests on the global levels manifest themselves in voting patterns in forums like the UN Assembly, the situation is trickier at the regional level. These strategic interests are ever present as a result of states’ need for recognition of their sovereignty and the inability of states to accept any hierarchical enforcement. This study investigates the impact of these interests at the basin level on the structure of cooperation. With the use of a case study, namely the Okavango River Basin Commission, and guided by regime theory, the study looks at the process of regime formation and maintenance in the basin. It concludes that states use cooperative arrangements (international water cooperation regimes) as tools for the strategic protection of their sovereignty.
AFRIKAANSE OPSOMMING: Water is lewe. Die beskikbaarheid en kwaliteit het direk te betrekking op wat moontlik toeneemed is in landbou so wel as menslike gesondheid. Water as ʼn noodsaaklike bron in suider-Afrika word meer en meer beskou as ʼn belangrike kwessie op die politieke agenda as gevolg van droogte wat in die streek ondervind word. ʼn Hoë vlak van belangrikheid word aan die bestuur van water binne die streek geheg. Die SAOG (Die Suider – Afrikaanse Ontwikkelings gemeenskap), het in sy water protokol aan sy lid state beveel om rivier kom organisasies te stig om beheer uit te oefen oor riviere in Suider- Afrika wat oor grense heen vloei. Die doel is om lidstate aan te moedig om die volhoubare gebruik van internasionale riviere te bevorder . Die vedeling van internasionale riviere is ‘n komplekse kwessie soos wat VN stempatrone aandui ten opsigte van die Wet op die Verbod teen Navigasie op Oorgrensende Riviere en die daaropvolgende versuim van die inwerkingtreding van die Konvensie aandui. As gevolg van state se behoefte vir erkenning van hul soewereiniteit en hul strategiese belange bly die deel van rivierkomme ‘n moeilike internasionale probleem. Hierdie studie ondersoek die impak van die bogenoemde belange op die kom vlak op die struktuur van samewerking. Met die gebruik van ʼn gevallestudie, naamlik die Okovango Rivier Kom Kommissie, en aan die hand van regime teorie, ondersoek die studie die proses van regime formasie asook die problematiek rondom die instandhouding van die Komissie. Die gevolgtrekking is dat state koöperatiewe reëlings (internasionale water samewerking regimes) as instrumente vir die beskerming van hul strategiese soewereiniteit en eie belange gebruik.
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Jolivet, Simon. "La conservation de la nature transfrontalière." Thesis, Limoges, 2014. http://www.theses.fr/2014LIMO0025/document.
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Les relations entre la nature et les frontières sont traditionnellement conçues comme antagonistes : tandis que la nature ne connaîtrait pas de frontières, le droit public est, d’un point de vue spatial, structuré par les frontières. Le dépassement d’une telle opposition est cependant engagé, sous l’influence de plusieurs facteurs. D’abord, le droit de l’environnement crée ses propres frontières, indépendantes des frontières humaines et calquées sur celles de la nature. Les notions de zonage écologique et, surtout, de réseau écologique participent de ce mouvement. Ensuite, le droit de l’environnement recourt à la coopération transfrontalière, comme technique d’effacement fonctionnel de la frontière politique. Enfin, une complémentarité s’affirme entre le droit de l’environnement et le droit de la coopération transfrontalière infra-étatique. Le droit de coopérer a été reconnu aux collectivités territoriales et aux établissements publics compétents en matière de conservation de la nature, et des outils de coopération relativement adaptés à ce domaine ont été mis à leur disposition. Toutefois, une telle complémentarité est mise à l’épreuve par les différences importantes qui peuvent subsister entre les droits nationaux d’Etats frontaliers et, surtout, par la responsabilisation insuffisante des acteurs de la coopération infra-étatique face aux obligations internationales environnementales. Ainsi, au sein du droit de l’environnement transfrontalier, le secteur émergent de la nature transfrontalière n’est pas encore aussi mature que celui, plus ancien, des pollutions transfrontièresThe opposition between nature and boundaries is well known : whereas nature knows no boundaries, public law is spatially structured by boundaries. However, such an opposition is currently being overcome under the influence of several factors. First, environmental law creates new boundaries that are no longer modelled on human boundaries but on nature ones. The notions of ecological zoning and above all ecological network illustrate this trend. Then, environmental law uses transboundary cooperation to mitigate the effects of boundaries on nature. Eventually, a complementarity is asserted between environmental law and infra-State transboundary cooperation law. The right to cooperate has been recognized to regional and local authorities and to public establishments responsible for nature conservation. Besides, relatively appropriate tools have been made available for cooperation in nature conservation. Nevertheless, this complementarity is being tested by the significant differences that may exist between national laws of neighbouring countries and, above all, by the lack of accountability of infra-State cooperation actors with respect to international environmental obligations. Thus, within transboundary environmental law, the emerging sector of transboundary nature is not as mature as the older one related to transboundary pollutions
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Fransson, Lovisa. "Wasting our future by wasting the Sea : How to combat marine pollution from land-based sources on international and regional level." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-409779.
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In the United Nations Convention on the Law of the Sea, the environmental protection of the marine environment was first addressed in a comprehensive manner on an international level. However, the Convention distinguishes between four different sorts of pollution depending on which source the pollution originates from. Still, one of these sources play a more crucial role in the protection of the marine environment than the other since that source is estimated to stand for 80 percent of all the marine pollution; namely marine pollution from land-based sources. As the throw-away culture has led to products being disposed of at a faster rate than ever before, in particular plastic products, the amount of land-based debris has also substantially increased over the last decades. This increased disposal rate of products in combination with poor waste treatment has consequently led to many kinds of wastes ending up in the ocean and causing severe harm, not only to the marine environment and its living species, but also to humans that eat the fish and use the many other ecosystem services of the Sea. In this thesis, some prominent international conventions on marine pollution from land-based sources are examined; namely the United Nations Convention on the Law of the Sea, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as the Stockholm Convention on Persistent Organic Pollutants. To achieve United Nations Sustainable Development Goal number 14.1 to significantly reduce marine pollution from land-based sources by 2025, this thesis claims that international laws addressing this sort of pollution need to be implemented. Moreover, this thesis rests on the belief that regional implementation is a crucial component in making states align with international law. However, while regional implementation has been ambitious in the European Union Law, many regions still lack enforceable frameworks that aim to reduce and prevent marine pollution from land-based sources.
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Bervig, Aline Andressa. "DIAGNÓSTIVO DAS ÁREAS DE PRESERVAÇÃO PERMANENTE DE UM RIO TRANSFRONTEIRIÇO: O CASO DAS MARGENS DE UM SEGMENTO DO RIO QUARAÍ/CUAREÍM." Universidade Federal de Santa Maria, 2015. http://repositorio.ufsm.br/handle/1/9442.
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Demand for use of natural resources is becoming more intense to meet the basic and vital needs of mankind as well as for its economic exploitation. Aimed at regulating the exploitation of water resources some countries have established standards and environmental protection laws. In situations where natural resources are in the border regions of two or more countries, or in the case of transboundary rivers, the Laws and agreements are essential for the shared management to succeed. Taking as a reference point the river, the existence of Permanent Preservation Areas / ribereños hills (APP's) is essential for the preservation of its banks and consequently the very water resources. The expansion of urban and / or agricultural land space implies the elimination of APP's causing environmental damage. Therefore, this study aimed to analyze the conditions of the Permanent Preservation Areas (PPAs) and ribereños mountains, as are called the APP's Uruguay, on the banks of a segment of the border Rio Quaraí / Cuareim, located on the border between Brazil Uruguay. The qualitative methodology initially a literature review, performed a comparison between forest legislation and Brazilian water resources and environmental laws Uruguayan. Satellite images were used for location and analysis of the studied in Basin Quaraí / Cuareim River, located between the affluent Arroyo Pintado Grande in the east, and the Arroyo Tamandu the West. As a result it was found that there's APP / preserved ribereños hills. Among the irregular use of Permanent Preservation Areas can highlight the extraction of sand from the river banks and the advance of the agricultural frontier, leading the urgent need to mitigate the mentioned environmental problems. Urban sprawl was also a problem in the region. There is the need for greater monitoring and effective enforcement of Uruguayan and Brazilian legislation, as well, there will decrease the degradation of the banks of the Rio Quaraí / Cuareim and the necessary recovery of degraded areas today. Existing Development Joint Committees should seek increasingly shared management in the region as well as to guide the regulation of the aforementioned areas. On the issue of comparison of Brazilian and Uruguayan legislation it revealed that there would be a need to standardize the width of the APP / ribereños hills in Rio segment Quaraí / Cuareim analyzed. If there is an increase in this area, mainly in the Uruguayan margin, preservation will be more effective and environmental quality of the border region will be improved.A demanda pela utilização de recursos naturais é cada vez mais intensa para atender as necessidades básicas e vitais da humanidade, bem como para a sua exploração econômica. Visando regular a exploração dos recursos hídricos alguns países já estabeleceram normas e leis de proteção ambiental. Em situações onde os recursos naturais encontram-se em regiões de fronteira de dois ou mais países, ou seja, no caso dos rios transfronteiriços, as Leis e os Acordos são imprescindíveis para a gestão compartilhada tenha sucesso. Tendo como ponto de referência o rio, a existência das Áreas de Preservação Permanente/montes ribereños (APP s) é fundamental para a preservação das suas margens e, consequentemente, do próprio recurso hídrico. A expansão do espaço urbano e/ou espaço agrícola acarreta a supressão das APP s provocando dano ambiental. Nesse sentido, este trabalho teve como objetivo analisar as condições das Áreas de Preservação Permanentes (APP s) e dos montes ribereños, como se denominam as APP s no Uruguai, nas margens de um segmento do Rio transfronteiriço Quaraí/Cuareím, localizado na fronteira do Brasil com o Uruguai. A metodologia qualitativa, inicialmente, de revisão bibliográfica, realizou um comparativo entre a legislação florestal e de recursos hídricos brasileira e a legislação ambiental uruguaia. Foram utilizadas imagens de satélite para localização e análise do trecho estudado na bacia hidrográfica do Rio Quaraí/Cuareím, situado entre os afluentes Arroio Pintado Grande, a Leste, e o Arroio Tamandu a Oeste. Como resultado se verificou que existem APP s/montes ribereños preservados. Entre os usos irregulares das Áreas de Preservação Permanente podem se destacar a extração de areia das margens do rio e o avanço das fronteiras agrícolas, acarretando a necessidade urgente de amenizar os problemas ambientais mencionados. A expansão urbana também se mostrou um problema na região. Há a necessidade de um maior monitoramento e efetiva fiscalização do cumprimento das legislações uruguaia e brasileira, assim, ocorrerá diminuição na degradação das margens do Rio Quaraí/Cuareím e a necessária recuperação das áreas hoje degradadas. As Comissões Mistas de Desenvolvimento existentes devem buscar cada vez mais a gestão compartilhada na região, bem como na orientação da regulamentação das áreas citadas. Na questão do comparativo das legislações brasileira e uruguaia, foi constatado que haveria a necessidade de homogeneizar a largura das APP/montes ribereños no segmento do Rio Quaraí/Cuareím analisado. Se houver um aumento dessa área, principalmente, na margem uruguaia, a preservação será mais eficaz e a qualidade ambiental da região fronteiriça será melhorada.
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Fiegenwald, Valérie. "Controlling non-conformity propagation in low volume manufacturing." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00819809.
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Ce travail de thèse propose une approche pluridisciplinaire de la qualité dans les systèmes de production manufacturiers, couplant les approches d'ingénierie et de sociologie des organisations. Il s'intéresse aux risques de non-conformités qui peuvent se propager dans le processus de réalisation et atteindre le client final. Il est basé sur des études de cas réalisées chez Siemens E T HS (Energy Transmission High-voltage Substation), une entreprise produisant de faibles quantités de matériel haute-tension hautement personnalisé. Il propose tout d'abord une méthode qualité pour améliorer le système de détection des non-conformités en identifiant et en agissant sur ses faiblesses. Dans une deuxième approche, cette thèse propose des instruments organisationnels pour limiter la propagation des non-conformités entre les frontières organisationnelles et améliorer la résilience de l'organisation face à ces problèmes transfrontières. Les deux approches ont été mises en oeuvre dans l'entreprise étudiée puis étendues à une autre entreprise du groupe opérant sur le segment de la production de masse ce qui a permis de tirer des conclusions à la fois académiques et managériales pour les partenaires industriels.
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Stoeckel, Katherine Jane. "Economics and the equitable utilization of transboundary freshwater." Thesis, 2004. http://hdl.handle.net/2429/15775.
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Equitable utilization is the fundamental rule of international water law. It is the doctrine
responsible for the fair allocation of international waters as between different water uses and
users. Equitable utilization is a process whereby the interests of each watercourse state are
taken into consideration on a case-by-case basis over time and as circumstances change.
The process occurs through political negotiations, with an equitable outcome as the goal.
However, the debilitated state of many transbouhdary watercourses today indicates that
equitable utilization - despite its admirable goals - is failing to resolve the tragedy of the
global freshwater commons. With growing demands on water resources due to increasing
world population, economic industrialization and increasing awareness of the need for
environmental conservation, water management is an issue that will only become more
pressing. Watercourses that flow between two or more states face additional challenges in
that the water resources must be shared between them.
The central question of this thesis is whether greater use of economics would help the
equitable utilization paradigm lead to higher standards of water management between
upstream and downstream states. The benefits of the economic approach include optimal
efficiency of water use, political feasibility in water negotiations, and flexibility across time
and regions. Although there are technical, distributive, and moral limitations to the use of
economic principles, they can be sufficiently addressed such that the economic approach
ought to be a central part of the solution to the problem of global water scarcity. Greater
use of economic incentives needs to be made within equitable utilization regimes. Sensible '
pricing of water is imperative. Markets for water, however, are not yet a feasible option
because they require well-defined, secure, and enforceable property rights in water, all of
which are difficult to achieve at the international level.Law, Peter A. Allard School of
Graduate
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Chang, Cheng-Chung, and 章誠忠. "A Study of State Responsibility Approach to Transboundary Environmental Harm in the International Environmental Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/17013597059666238957.
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碩士淡江大學
日本研究所碩士班
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The international law takes the nation as subjectivity and emphasizes “national right” and “national peace,” so every country is unable to develop a united standard of protecting environment even they are aware of the national environmental pollution. Such a background needs state responsibility to conquer the transfrontier pollution, and it is a practical method. In the thesis, I discuss state responsibility such as culpable negligence, internationally wrongful act, responsibility attribution, and substantial damage. The cultural operation of International Law Commission is mentioned, too. About the responsibility of environmental damage, the administration responsibility of national domain usage has established by international law. In 1972, the rule 21 of Declaration on the Human Environment was associated with the administration responsibility about domain usage. It reveals that a nation has to ensure that some activities inside the preventable jurisdiction do not cause damage to other countries or national public boundary. It mentions the country’s control of private activities, and it has to afford the responsibility of ensuring. The content of the rule 21 emphasizes and concretes the state responsibility of environmental damage. However, we doubt of the feasibility of the rule 21. Thus, I argue it in my thesis. The thesis is divided into seven chapters and the summary of chapters as following. Chapter One is introduction that provides questions, motives, methods, and structures. And it defines the boundary of environmental damage. Chapter Two introduces international environmental law. Chapter Three is about the basic concept of national responsibility and the conflict between negligence responsibility and non-negligence responsibility. In Chapter Four, I mainly discuss the established elements of national responsibility. In Chapter Five, I discuss the groundwork of national responsibility attribution of personal causing environmental damage and damage reparation and international claim. In Chapter Six, I elaborate some judicial examples about administration responsibility of domain usage. Finally, Chapter Seven is the conclusion of my thesis.
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Woldemariam, Yohannes. "A critical assessment of international relations theories for managing transboundary water resources: The case of the Nile basin." 2007. https://scholarworks.umass.edu/dissertations/AAI3299125.
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In Egypt, Sudan, and Ethiopia the connection to water is intertwined with culture and history. It cannot fully be captured by game theory based on the assumption of strategic action. Neither perceived threats to national security nor do fundamental value conflicts allow for ‘rational’ solution. Nor are market mechanisms adequate in explaining the behavior of actors around issues of water. The challenge in addressing a range of questions on transboundary river basins is one of a theoretical framework. To what extent are coherent explanatory models embedded in social theories helpful in evaluating the Nile case? The search for generalized rules has led to scholarship in which predictability, parsimony and simplicity is the measure of academically acceptable approaches and methodologies. In light of the complexity of the region where the Nile is located, narrow focus and false parsimony of theoretical concepts can oversimplify to the point of being misleading. There are a range of subjective meanings and values that water has in different societal contexts that are not amenable to the dominant international relations theories. This study utilizes a critical pluralist approach to assess existing IR theories in general and regime theory in particular. Critical pluralism can capture those aspects of culture; history and contexts attached to water that are not amenable to positivist social science and the dominant international relations theories.
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Tompkins, Robyn. "Transboundary water resource management of the Pongolo River/Rio Maputo." Thesis, 2002. http://hdl.handle.net/10413/3273.
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In the Twenty-first Century, sustainable water management is likely to be humanity's greatest challenge in a world of ever-increasing demand. Legal instruments both international and national regulate and provide a general framework for the use and management of international waters. Future basin management agreements can be informed by examining the degree of success, in terms of sustainability and equity, achieved by such agreements. That success can be influenced by the degree to which such agreements support the human right to water implicitly stated in international customary law, through a collaborative management approach. Since 1988, attempts by communities on the Pongolo floodplain to be involved in Pongolopoort Dam releases, have met with little success. Recently, the Department of Water Affairs and Forestry has begun to support those efforts, but the approach remains a sectoral one, and is primarily concerned with water issues. The South African National Water Act 36 of 1998 provides for environmental management and public participation, as well as providing explicitly for the rights of individual water users, but its implementation is hampered by an overwhelming emphasis on technical considerations and a lack of political will to embrace collaborative management systems. Little effort is expended on collaborative management methods, though the level of transparency in water management is improving, despite remaining highly centralised. The level and extent of incentives for local community participation is low, and systematic monitoring is in its early development. International river basin agreements generally take a top-down or state-driven approach, though there are some examples where local cross-border communities have participated successfully in the implementation of international agreements and management of transboundary basins. South Africa, Swaziland and M09ambique signed the Interim Incomaputo Agreement, which includes the Maputo basin, in August 2002. Once again, the approach to this agreement has been highly sectoral in that negotiations were handled entirely by water officials in the relevant countries. A lack of transparency has prevailed in the negotiation stages, though through the basin studies, which will inform implementation plans, the level of participation should improve. There is overwhelming consensus that integrated management is the key to sustainable international river basin management. Formal and systematic methods for inter-departmental communication, both nationally and internationally are currently not being implemented, which has significant negative impacts on integrated management. Research in this area represents an opportunity to explore collaborative management of an international river basin in an area that is, as yet, unstressed in terms of population and water supply.Thesis (M.Env.Dev.)-University of Natal, Pietermaritzburg, 2002.
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Signorelli, Andrea. "The Devils Lake controversy: why Canada and the United States need a new bilateral understanding in light of the evolving law of international watercourses." 2010. http://hdl.handle.net/1993/4055.
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Recent transboundary disputes between the United States and Canada and in particular, the dispute concerning Devils Lake outlet, call for an improvement of the agreements between the two countries that govern North American international watercourses. One way to do so is by assimilating the cooperative spirit contained in the more recent 1997 U.N. International Watercourses Convention and incorporating its guidelines for balancing different principles and interests into the 1909 Boundary Waters Treaty between the United States and Canada.
This paper analyzes the different theories and main international legal instruments in the area of transboundary waters within the context of the issues arising out of Devils Lake and its outlet. It is proposed that the Boundary Waters Treaty be vastly improved by increasing the participation of both the Canadian provinces and the American states as well as renewing and enhancing the role of the International Joint Commission.
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Průchová, Hana. "Právní úprava přeshraniční přepravy odpadů." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436196.
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1 Abstract Legislation on transboundary shipments of waste This thesis focuses on the legal regulations of transboundary shipments of waste. The aim of the thesis is a comprehensive and systematic summary of the current legislation on cross-border shipments of waste in Czech Republic and an explanation of its individual institutes and regimes based primarily on Regulation No. 1013/2006 and Act No. 185/2001 Coll., on waste. The first chapter is dedicated to the historical development of regulation at the international level, where the Basel Convention and OECD Decision on the Control of Transboundary Movements of Waste Destined for Recovery Operations are discussed in more detail, as well as the historical development of regulation at the European and national levels. The second and third chapters are dedicated to the current legislation, which first defines the individual basic terms and entities used across the regulation and then analyzes the various types and regimes of transboundary shipments of waste. The fourth chapter deals with the function and position of administrative bodies involved in the control and supervision of transboundary shipments of waste. The last chapter deals with the illegal activity and legal liability arising from it in the cross-border movements of waste, there are also cases of...
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Blok, Robert Edmund. "Transboundary conservation - towards an institutional framework for integrated management : a case study of the Ndumo-Tembe-Futi transfrontier conservation area." Thesis, 2005. http://hdl.handle.net/10413/3332.
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Pelletier, Mireille. "The impacts of climate change on environmental geopolitics of the Arctic." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-325023.
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The new fact that the environment is becoming the main factor of geopolitical transformations in the Arctic region has been triggered mainly by climate change. In the North, this recent aspect of geopolitics, in correlation with the environment, leads sometimes to tensions between countries, but also to a need for cooperation. The question brought by such conditions is, to which extent will this climate change provoke cooperation or conflicts between the Arctic states. The purpose of addressing the problem is to understand what kind of challenges would be facing the international relations between circumpolar countries and how the environment is playing a geopolitical role in them. The objective of the main research question is to assess the importance of climate change over the geopolitics of the Arctic through several spheres of geopolitics: environment and bio-diversity, economic activity of the region, sovereignty and territoriality, security of the circumpolar states, and international and diplomatic relations. The trans-border and transnational nature of environmental issues is another important factor, since nature does not respect human-made boundaries and an environmental concern, such as climate change and its aftermaths, cannot be exclusive to a state along the lines of its borders.