Defending the environment : civil society strategies to enforce international environmental law / Linda A. Malone & Scott Pasternack.

Format:

Book

Author/Creator:

Malone, Linda A.

Contributor:

Pasternack, Scott.

Language:

English

Subjects (All):

Environmental law, International.

Environmental justice.

Civil society.

Physical Description:

1 online resource (384 p.)

Edition:

1st ed.

Place of Publication:

Washington : Island Press, c2006.

Language Note:

English

Summary:

Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts.

Contents:

Intro

About Island Press

Title Page

Copyrights Page

Table of Contents

Foreword

Preface

About the Authors

Acknowledgments

Introduction

I: Layout of the Book

II: Layout of Each Chapter

III: Strategy Tools

IV: Summary of Sources of International Law

Ch. 1: Exercising Environmental Human Rights and Remedies in the United Nations and Regional Systems

I: Introduction

II: Determining Valid Environmental Human Rights Claims

III: Determining Where to File the Environmental Human Rights Claim

IV: Submitting the Environmental Human Rights Claim to the Selected Forum

V: Newly Emerging Rights and Fundamental Rights Recognized as Customary International Law

VI: Seeking Enforcement if a Claim Prevails and a Nation-State Fails to Comply

VII: Conclusion

VIII: Tables

Ch. 2: Advocating for International Finance and Trade Institutions to Adhere to Environmental and Public Health Standards

II: World Bank Inspection Panel

III: The International Finance Corporation - Compliance Advisor Ombudsman

IV: Inter-American Development Bank - Independent Investiation Mechanism

V: Asian Development Bank - Accountability Mechanism

VI: European Bank for Reconstruction and Development - Independent Recourse Mechanism

VII: European Parliament - Committee on Petitions

VIII: African Development Bank Group - Independent Review Mechanism

IX: North American Commission on Environmental Cooperation

X: Canada-Chile Commission on Environmental Cooperation

XI: Conclusion

Ch. 3: Preventing New International Trade and Investment Dispute Resolution Mechanisme From Undermining Current Environmental and Public Health Regulations

II: Strategy No. 1: Amicus Curiae Submissions to Trade and Investment Bodies.

III: Strategy No. 2: Pursuading a Domestic Government to File a Trade or Investment Dispute to Prevent the Weakening of Environmental or Public Health Laws

IV: Strategy No. 3: Submitting Public Comments to Environmental Reviews of Trade and Investment Agreements

V.: Strategy No. 4: Demanding Transparency and Public Participation from Domestic Governments on Trade and Investment Issues Adversely Affecting the Environment and Public Health

VI: Conclusion

Ch. 4: Encouraging Secretariats of Multilateral Environmental and Public Health Agreements to Enforce Current International Environmental Standards

II: Strategy No. 1: Making Submissions Pursuant to Specific MEA Processes Open to Non-Party Participation

III: Strategy No. 2: Petitioning MEA Secretariats

IV: Strategy No. 3: Lobbying State Parties to Initiate Dispute Resolution Proceedings

V. Strategy No. 4: Participating at MEA Conferences of the Parties or in Appropriate Bodies of Charter-Based Institutions

VII: Table-Sample MEAs

Ch. 5: Enforcing International Environmental Law in Tribunals of General Jurisdiction

II: International Court of Justice

III: The Law of the Sea Treaty Regime

IV: The International Criminal Court

V: Regional Tribunals of General Jurisdiction

VI: International Arbitral Bodies

Ch. 6: Enforcing Environmental Law Through Domestic Law Mechanisms

II: Non-Litigation Strategies

III: Litigation Strategies

IV: Newly Independent States

V. Conclusion

Conclusion

Appendix: List of Practitioner Experts

Bibliography

Index.

Notes:

Originally published: Transnational Publishers, 2004.

Includes bibliographical references (p. 313-340) and index.

Description based on publisher supplied metadata and other sources.

ISBN:

1-59726-594-2

1-4294-9791-2

OCLC:

560279644