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Authority and Legitimacy of Environmental Post-Treaty Rules

By: Tim Staal
Media of Authority and Legitimacy of Environmental Post-Treaty Rules
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Published: 16-05-2019
Format: EPUB eBook (?)
Edition: 1st
Extent: 288
ISBN: 9781509925575
Imprint: Hart Publishing
RRP: £75.60
Online price : £68.04
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About Authority and Legitimacy of Environmental Post-Treaty Rules

In the last few years in international law, more and more regulation comes in the form of post treaty rules. This book offers the first systematic examination of the rules, which are made up of a combination of decisions, regulations and recommendations, to assess their efficiency. The study shows that the authority of these rules is in question as, in practice, member states retain almost complete discretion in their exercise. This conclusion gives rise to the key question; to what extent does this ambiguous authority affect respect/adherence to procedural principles in the practice of the application? This in turn leads to more far-reaching questions of legal certainty, non-arbitrariness and the duty to state reasons. In assessing this question of legitimacy, the study shines a light on this crucial but neglected question in international law scholarship and forms a starting point for improvements and reform.

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