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Toxics and Transnational Law

International and European Regulation of Toxic Substances as Legal Symbolism

By: Marc Pallemaerts
Media of Toxics and Transnational Law
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Published: 30-06-2003
Format: Hardback
Edition: 1st
Extent: 790
ISBN: 9781841131290
Imprint: Hart Publishing
Series: Studies in International Law
Dimensions: 234 x 156 mm
RRP : £140.00
 

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About Toxics and Transnational Law

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.

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

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