The main challenge for international environmental law is to strike an
adequate balance between the discretion of states to undertake
economically attractive activities and the need for constraint in
order to protect the environment. This book examines in relation to
one particularly elaborate environmental regime (the regime for
transboundary water pollution as it applies to the Netherlands) how
international law has sought to replace discretion by constraint, and
what limitations have been encountered with that endeavour.
The study provides a comprehensive assessment of the main assets and
lacunae of the regime for transboundary water pollution. It discusses
the applicable substantive and procedural rules (including new
developments such as the precautionary principle, the obligation to
apply the best available clean technology and the obligation to
conduct environmental impact assessments); the combined use of legal
rules (such as the 1992 Convention on the Protection of Transboundary
Watercourses and the 1992 Paris Convention on the Protection of the
Marine Environment of the North-East Atlantic) and non-legal rules
(such as the Rhine Action Programme), and the application of
procedures to control the implementation of states' obligations. As
many of the issues are not exclusively relevant to transboundary water
pollution, the main conclusions of this study may prove directly
applicable to other international environmental regimes.
_André Nollkaemper_ is research-fellow at the Netherlands Institute
for the Law of the Sea (NILOS) and the Institute for Public
International Law, Utrecht University.
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Between Discretion and Constraint
Produktdetaljer
ISBN
9789041177186
Publisert
2020
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter