Full Description
This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution.
Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Contents
Contents:
1. Introduction and Editorial Preface
Michael Faure and Song Ying
PART I: INTERNATIONAL ENVIRONMENTAL LAW AND CONVENTIONS
2. Cluster-Litigation in Cases of Transboundary Environmental Harm
André Nollkaemper
3. The Role of International Conventions in Solving Transboundary Pollution Disputes
James Harrison
4. Transboundary Vessel-Source Marine Pollution - International Legal Framework and its Application to China
Wang Hui
5. ILC Proposal on the Role of Origin State in Transboundary Damage
Gou Haibo
PART II: NATIONAL ENVIRONMENTAL LAW IN A TRANSBOUNDARY LEGAL CONTEXT
6. Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States
Michael Faure and Gerrit Betlem
7. The Joint Governance of Transboundary River Basins: Some Observations on the Role of Law
Marjan Peeters
8. A New Look at Environmental Impact Assessments: Using Customary Law to Prevent Domestic and Transboundary Environmental Damage
Jack Jacobs
9. Transboundary Environmental Crimes: An Analysis of Chinese and European Law
Thomas Richter
PART III: THE SONGHUA RIVER POLLUTION CASE
10. Reflections from the Transboundary Pollution of Songhua River
Wang Jin, Huang Chiachen and Yan Houfu
11. Pondering Over the Incident of Songhua River Pollution from the Perspective of Environmental Law
Wang Canfa, Yu Wen-xuan, Li Dan and Li Jun-hong
12. International Legal Aspect of the Songhua River Incident
Song Ying
PART IV: COMPARATIVE CONCLUSIONS
13. Comparative and Concluding Remarks
Michael Faure and Song Ying
Index
