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Sustainability through Participation?
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
Authority and Legitimacy of Environmental Post-Treaty Rules
In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.
Vienna Convention on Diplomatic Relations of 18 April 1961
Even over 50 years after its entry into force, the Vienna Convention on Diplomatic Relations of 1961 remains as important as ever and enjoys a high level of acceptance worldwide. Over 190 states have acceded to the Convention and apply its provisions in their daily diplomatic work. These comprehensively revised and updated commentaries provide those who apply the law with practical explanations on the Vienna Convention's provisions. Key topics such as diplomatic immunity, the inviolability of the diplomatic mission and the protection of diplomatic couriers are addressed here in detail, with particular regard to German legislation and jurisprudence on such issues. The commentaries are rounded off by comprehensive information derived from the day-to-day work of the Federal Foreign Office and other foreign services.
Incorporating Indigenous Rights in the International Regime on Biodiversity Protection
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
Relative Authority of Judicial and Extra-Judicial Review
Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
Green Information Technology
We are living in the era of "Big Data" and the computing power required to deal with "Big Data" both in terms of its energy consumption and technical complexity is one of the key areas of research and development. The U.S. Environmental Protection Agency estimates that centralized computing infrastructures (data centres) currently use 7 giga watts of electricity during peak loads. This translates into about 61 billion kilowatt hours of electricity used. By the EPA's estimates, power-hungry data centres consume the annual output of 15 average-sized power plants. One of the top constraints to increasing computing power, besides the ability to cool, is simply delivering enough power to a given ...
The Paris Agreement on Climate Change
The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concep...
Free Trade, Fair Trade, and Green Trade in and with the EU
Explores labour, environmental, and animal welfare standards for the sale of goods produced abroad from an EU law perspective.
State and Market in European Union Law
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
