Transboundary harm in international law : lessons from the Trail Smelter arbitration / edited by Rebecca M. Bratspies, Russell A. Miller.

Format:

Book

Contributor:

Bratspies, Rebecca M., 1965- editor.

Miller, Russell A., 1969- editor.

Language:

English

Subjects (All):

Consolidated Mining and Smelting Company of Canada Ltd.

Jurisdiction (International law).

Government liability.

Transboundary pollution--Law and legislation.

United States--Claims vs. Canada.

United States.

Physical Description:

1 online resource (xxi, 347 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

text file

PDF

Summary:

This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

Contents:

"An outcrop of hell" : history, environment, and the politics of the Trail Smelter dispute / James R. Allum

The Trail Smelter dispute (abridged) / John E. Read

Of paradoxes, precedents, and progeny : the Trail Smelter arbitration 65 years later / Stephen C. McCaffrey

Pollution by analogy : the Trail Smelter arbitration (abridged) / Alfred P. Rubin

Has international law outgrown Trail Smelter? / Jaye Ellis

The flawed Trail Smelter procedure : the wrong tribunal, the wrong parties, and the wrong law / John H. Knox

Rereading Trail Smelter (abridged) / Karin Mickelson

Trail Smelter and the international law commission's work on state responsibility for internationally wrongful acts and state liability / Mark A. Drumbl

Derivative versus direct liability as a basis for state liability for transboundary harms / Mark Anderson

Transboundary pollution, unilateralism, and the limits of extraterritorial jurisdiction : the second Trail Smelter dispute / Neil Craik

Trail Smelter in contemporary international environmental law : its relevance in the nuclear energy context / Günther Handl

Through the looking glass : sustainable development and other emerging concepts of international environmental law in the Gabčikovo-Nagymaros case and the Trail Smelter arbitration / James F. Jacobson

Trial Smelter's (semi) precautionary legacy / Rebecca M. Bratspies

Surprising parallels between Trail Smelter and the global climate change regime / Russell A. Miller

Sovereignty's continuing importance : traces of Trail Smelter in the international law governing hazardous waste transport / Austen L. Parrish

The legacy of Trail Smelter in the field of transboundary air pollution / Phoebe Okowa

The impact of the Trail Smelter arbitration on the law of the sea / Stuart B. Kaye

Trail smelter and terrorism : international mechanisms to combat transboundary harm / Pierre-Marie Dupuy and Cristina Hoss

The conundrum of corporate social responsibility : reflections on the changing nature of firms and states / Peer Zumbansen

A pyrrhic victory : applying the Trail Smelter principle to state creation of refugees / Jennifer Peavey-Joanis

Transboundary harm : Internet torts / Holger P. Hestermeyer

International drug pollution? : reflections on Trail Smelter and Latin American drug trafficking / Judith Wise and Eric L. Jensen

Application of international human rights conventions to transboundary state acts / Nicola Vennemann

Convention between the United States of America and the dominion of Canada relative to the establishment of a tribunal to decide questions of indemnity and future regime arising from the operation of Smelter at Trail, British Columbia

Trail Smelter arbitral tribunal decision, April 16, 1938

Trail Smelter arbitral tribunal March 11, 1941.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511511394

Access Restriction:

Restricted for use by site license.