Overview

As an environmental issue transcending national boundaries,the spread of toxic substances in the environment, with harmful consequences for ecosystems and human health has become the focus of transnational regulatory efforts in a variety of international fora. In order to address the problems created by transboundary toxic movements a set of binding as well as non-binding norms are being developed at the European and international level. This book analyses the development and effectiveness of transnational toxics law through two case studies: one dealing with the European regional regime for the control of toxic discharges in the aquatic environment and the other looking at the emerging global regime for the regulation of international trade in hazardous pesticides. It provides a comprehensive analysis of the legal and political framework in EU law for the reduction of inputs of hazardous substances in the marine and freshwater environment, and in regional agreements for the protection of the marine environment of the North Sea and Northeast Atlantic, Baltic Sea and Mediterranean. It also offers a critical account of the development of soft and hard law regulating exports of banned and severely restricted pesticides from industrialised to developing countries; from the resolutions of the United Nations Environment Programme and General Assembly in the late 1970s, to the signing of the Rotterdam Convention on the Prior Informed Consent Procedure in 1998. The author shows that international normative efforts in these two fields have proved much more productive in establishing procedural obligations for states than in laying down actual substantive standards to govern their conduct, and argues that transnational environmental law may be valued by governments more for its symbolic, value-expressive function, than for any real problem-solving capacity.

Full Product Details

Author:   Marc Pallemaerts
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Volume:   2
Dimensions:   Width: 15.60cm , Height: 6.10cm , Length: 23.40cm
Weight:   1.500kg
ISBN:  

9781841131290

ISBN 10:   1841131296
Pages:   790
Publication Date:   30 June 2003
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

PART I. INTRODUCTION 1. Toxic Substances as an Object of Transnational Environmental Regulation 2. Law as an Instrument of International Environmental Policy PART II. TOXIC SUBSTANCES IN INTERNATIONAL WATERS: THE REGULATION OF TOXIC EMISSIONS IN THE AQUATIC ENVIRONMENT 3. Transboundary Pollution of the Aquatic Environment by Toxic Substances from Industrial Processes and Products: The Problem and its Perception 4. The Land-Based Sources Regime for the North Sea and North East Atlantic 5. The Baltic Land-Based Sources Regime: The 1974 and 1992 Helsinki Conventions on the Protection of The Marine Environment of the Baltic Sea Area 6. The Mediterranean Land-Based Sources Regime: The 1976 Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution and its Protocols 7. The Regulation of Emissions of Dangerous Substances in International Watercourses 8. The Regulation of Emissions of Dangerous Substances into the Aquatic Environment under European Community Law 9. The Interaction between International Law and European Community Law: The Participation of the European Community in International Conventions Concerning Emissions of Dangerous Substances in the Aquatic Environment PART III. TOXIC SUBSTANCES IN INTERNATIONAL TRADE: THE REGULATION OF INTERNATIONAL TRADE IN PESTICIDES 10. Health and Environment Effects in the Third World of Inadequately Regulated Pesticide Trade and Use: The Problem and its Perception 11. The ‘Soft’ Response Model: United States Legislation on the Export of Banned and Severely Restricted Pesticides 12. The First Phase of International Regulatory Efforts: From ‘Hard’ Soft Law to ‘Soft’ Hard Law? 13. The Second Phase of International Regulatory Efforts: Towards a Consensus on Prior Informed Consent 14. The Third Phase of International Regulatory Efforts: From ‘Hard’ Soft Law to ‘Soft’ Hard Law? 15. The Implementation of International Norms by the European Community: Community Regulation of Hazardous Chemical Exports 16. The Implementation of International Norms by the United States: The Evolution of National Law and Policy PART IV. OVERVIEW AND CONCLUSIONS 17. The Regulation of Toxic Emissions in the Aquatic Environment: A Regime Appraisal 18. The Regulation of International Trade in Pesticides: A Regime Appraisal 19. Transnational Environmental Law Between Legal Instrumentalism and Legal Symbolism

Reviews

Pallemaerts' discussion of the issues confirms that he possesses a thorough understanding of the pertinent regulatory regimes well-presented, well-argued, sophisticated and coherent an interesting and highly informative book. Lucas Bergkamp, Managing Partner, Hunton Williams, Brussels and Professor of International Liability Law, Erasmus University Rotterdam Maastricht Journal of European and Comparative Law May 2005

Author Information

Dr Marc Pallemaerts holds graduate degrees in law and political science from the Vrije Universiteit Brussel and Harvard University. He teaches European and international environmental law at the Université Libre de Bruxelles and the University of Amsterdam. He has also acted as legal and policy adviser to several environment ministers and was Deputy Chief of Staff of the Belgian State Secretary for Energy and Sustainable Development from 1999 to 2003. He is currently Senior Fellow at the Institute for European Environmental Policy (IEEP), an independent, non-profit research institute with offices in London and Brussels, and heads the Institute's Global Issues and External Action Research Programme, and also serves as Special Rapporteur to the UN Human Rights Council on the implications for human rights of environmentally sound use and disposal of hazardous chemicals and wastes.

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