bluuebunny/crossref_metadata_2025_split huggingface dataset:
Emergency Arbitration in Investment Treaty Arbitration
Authors: Sim Cameron 
Published: September 2021

Abstract
This chapter discusses emergency arbitration in the context of investor-State dispute settlement (ISDS), and specifically, investment treaty arbitration. The key distinction between emergency arbitration in commercial arbitration and in investment treaty arbitration concerns the application of the second principle of emergency arbitration, namely that the parties must consent to emergency arbitration. Several jurisdictional issues may arise in an investment treaty emergency arbitration, which will not arise in the commercial context. Aside from various preliminary issues, including whether the claimant is a qualifying investor with a protected investment under the applicable treaty, these include issues of State consent, the application of cooling-off periods, and the treatment of most-favoured-nation (MFN) clauses. In addition, the principles applicable in an emergency arbitration in the commercial context to the standards applied to determine the application, and the measures that the emergency arbitrator may impose, are equally applicable in the ISDS context. Finally, the same enforcement issues which arise for an emergency arbitration decision in the commercial context are likely to arise in the ISDS context, and concerns surrounding State sovereignty might also be invoked as an additional shield in enforcement proceedings.
Cultivating the US Overseas Market
Authors: Jordan Cally 
Published: September 2021

Abstract
This chapter details how the United States introduced a trio of regulatory initiatives which represented a turning point in international capital markets. The growing significance of international markets could no longer be ignored nor left to the regulatory hinterlands. The first two initiatives, Regulation S and Rule 144A (under the US 1933 Act), have become standard features of virtually all international capital raisings. Although very different in conception and operation, they are fraternal twins, both responses to a 1987 United States Securities and Exchange Commission (SEC) report on internationalization. They were considered and adopted by the SEC on the same day in April of 1990. The third initiative, the creation of a Multijurisdictional Disclosure System (MJDS) between Canada and the United States, is a younger sibling, conceived in the same flurry of interest in international markets, but making its appearance a year later.
Stock Exchanges—An Endangered Species
Authors: Jordan Cally 
Published: September 2021

Abstract
This chapter explores stock exchanges, which are the most visible and vocal among capital market institutions. Despite the waves of demutualization and consolidation, exchanges remain idiosyncratic institutions. Even where similar structural reorganizations have occurred, the underlying factors prompting such moves, and potentially the on-going operations of the exchanges, are often quite different. As capital markets grew in importance, the role of exchanges extended beyond that of a trading venue. The modern exchange also serves political masters, acting as a national symbol in some cases, and thus eliciting regulatory responses not based on market considerations alone. More importantly, exchanges are imbued, implicitly or explicitly, with a ‘public interest’ due to their impact on the related issues of economic growth, systemic financial stability, and investor protection. The chapter then considers high frequency trading, which drove institutional investors off the exchanges and into the ‘dark pools’, creating concerns over exchange liquidity, transparency, and price-discovery.
Fragmentation
Authors: Young Margaret A. 
Published: September 2021

Abstract
This chapter examines fragmentation within the field of international environmental law. There is long-standing scholarly engagement with the fragmentation of international law into largely self-contained ‘regimes’ such as trade, investment, the law of the sea, and human rights. Such regimes are of fundamental importance to the governance of environmental matters. Multilateral environmental agreements (MEAs) covering specific issues and sectors now number in the hundreds, and at times their aims and methods may be in opposition, while gaps remain especially in implementation. The chapter begins with a discussion of the functional conception of law-making within ‘regimes’, which has origins in both international relations and international law, and argues that the governance of environmental matters does not always (or even most often) happen in the context of environmental treaties and environmental institutions but also within norms and institutions that are constituted to pursue other functions, such as trade liberalization or investment protection. It then considers how international adjudication and the proliferation of international courts and tribunals have special salience for environmental matters. The chapter also looks at coordinating initiatives, including the proposal for a Global Pact for the Environment.
Ethical Considerations
Authors: Gillespie Alexander 
Published: September 2021

Abstract
This chapter focuses on the dominant philosophical values currently operating within international environmental law. Collectively, international environmental law operates in a maze of anthropocentric and non-anthropocentric values. Often these values overlap both within and between regimes, and conflicts are relatively rare. Although anthropocentric values are more common than non-anthropocentric ones, there is no one dominant philosophical value that towers above others in international environmental law. Non-anthropocentric values are also becoming particularly noticeable across a large range of topics. However, what is obvious in international environmental law is that the debates about the philosophical value of the environment are not novel. In the space of twenty years, debates which were once the exclusive province of philosophy journals have moved to the core of many of the most high-profile international regimes which are seeking to resolve some of the most pressing difficulties of the twenty-first century.
Precaution
Authors: Peel Jacqueline 
Published: September 2021

AbstractThis chapter describes the concept of precaution in international environmental law, which concerns anticipatory action in response to scientifically uncertain threats of environmental harm. Its most frequently referenced formulation can be found in Principle 15 of the Rio Declaration on Environment and Development. The Rio Declaration's endorsement of precaution in Principle 15 introduced to international environmental law a new discourse over the appropriate evidentiary foundations of global environmental regulation. The chapter then focuses on four key questions (and attendant debates) regarding precaution that have been critical in understanding its role in international environmental law. These questions concern the meaning of precaution as a conceptual pillar of international environmental law; the legal status of precaution as a principle of international environmental law; the formulation and understanding of precaution evident from international environmental treaties and case law; and the consequences of applying precaution in decision-making concerning threats of environmental damage.
Customary International Law and the Environment
Authors: Dupuy Pierre-Marie , Le Moli Ginevra , Viñuales Jorge E. 
Published: September 2021

Abstract
This chapter highlights how, despite the large number of environmental agreements at all levels, the role of customary international law remains key in practice. First, many treaties in force remain largely unimplemented. Secondly, treaties only bind those states parties to them, and that introduces sometimes important variations in the scope of environmental agreements. Thirdly, there is at present no treaty formulating binding overarching principles interweaving sectorial environmental agreements. As a result, it is often necessary to revert to customary norms when difficulties of interpretation or implementation arise. Fourthly, custom is important to mediate between a range of environmental and non-environmental interests governed by different treaties. Finally, custom plays an important role in disputes concerning a disputed area or where there is no applicable treaty. The chapter then analyses the process of custom formation with reference to environmental norms in order to show both the ‘banality’ and the peculiarities of this process. It also looks at the content of customary international environmental law as recognized in the case law.
Multilateral Environmental Treaty Making
Authors: Bodansky Daniel 
Published: September 2021

Abstract
This chapter reflects on multilateral environmental treaty making. From its inception, international environmental law has consisted primarily of treaties and other forms of negotiated instruments, which offer several advantages over more informal mechanisms of international cooperation. Traditionally, treaties were comparatively static arrangements, memorializing the rights and duties of the parties as agreed at a particular point in time. Today, environmental agreements are usually dynamic arrangements, establishing ongoing regulatory processes. The result is that, in most environmental regimes, the treaty text itself represents just the tip of the normative iceberg. Most norms are adopted through more flexible techniques, which allow international environmental law to respond quickly to the emergence of new problems and new knowledge. The chapter then introduces the basic types of international instruments, analysing why states negotiate and accept them. It describes the process by which agreements are created, from the inception of negotiations to the adoption and entry into force of the resulting instrument. The chapter also explores various design issues in developing international environmental agreements.
The State
Authors: Marauhn Thilo 
Published: September 2021

Abstract
This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.
Regional Organizations the European Union
Authors: Maljean-Dubois Sandrine 
Published: September 2021

Abstract
This chapter addresses the European Union (EU) as a preeminent example of a regional organization and its role in international environmental law. It first examines the progressive affirmation of EU competence in the environmental field and its development of a distinctive environmental policy. The chapter then turns to the external dimension of EU environmental competence, discussing the EU's participation in and enforcement of international environmental law, as well as the general question of whether the EU can be said to have an external environmental policy. The EU internal environmental policy expands on the international stage. Even if it lacks the internal structures and resources fully and effectively to assume a role as a global environmental leader, the EU participates in environmental negotiations, concludes and implements international treaties, and exercises its ‘soft power’ to promote the development and implementation of international environmental law. The chapter concludes with some brief reflections on other regional organizations and their distinctions from the largely sui generis EU example.
Migration
Authors: Kälin Walter 
Published: September 2021

Abstract
This chapter investigates the relationship between environmental law and migration law, which traditionally have had little in common and rarely interacted. Their respective subject matters are increasingly reflected as integrated issues in international instruments alongside the growing recognition that environmental factors are important drivers of forced migration as well as predominantly voluntary migration. The chapter argues that environmental law has a relevant role to play in addressing these challenges despite the fact that they are primarily within the purview of migration and human rights law. In particular, it can contribute to addressing environmental drivers of migration and mitigate displacement risks by reducing natural hazards and enhancing the resilience of populations at risk as well as dealing with environmental consequence of such human mobility. On the negative side, environmental law may contribute to forcing people out of conservation areas, unless it provides for measures mitigating such effects of environmental protection.
Intellectual Property
Authors: Benjamin Lisa 
Published: September 2021

Abstract
This chapter focuses on the role of intellectual property law and intellectual property rights (IPRs) in international environmental law. IPRs such as patents are also closely associated with biotechnology developments, and so are highly relevant to efforts to preserve biological diversity, ensure food security, and implement sustainable development goals (SDGs). Issues relating to IPRs arise in three broad areas of international environmental law: whether IPRs should be granted for potentially environmentally damaging technologies; the extent to which IPRs protect Indigenous environmental knowledge; and the extent to which IPRs may limit the transfer of environmentally sound technology. The chapter then provides an overview of IPRs under the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGFA). It also considers the 1992 Convention on Biological Diversity (CBD); the 2010 Nagoya Protocol; the 1992 United Nations Framework Convention on Climate Change (UNFCCC); and the 2015 Paris Agreement.
Armed Conflict and the Environment
Authors: Bruch Carl , Payne Cymie R. , Sjöstedt Britta 
Published: September 2021

Abstract
This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.
Financial Assistance
Authors: De Chazournes Laurence Boisson 
Published: September 2021

Abstract
This chapter studies the important role of financial assistance in furthering environmental protection. Financial assistance is composed of a complex mosaic of financial mechanisms and sources, which are linked to and affected by global conventions, multilateral institutions, bilateral aid, and private sector investment. Moreover, the principle of common but differentiated responsibilities has provided a specific rationale for the provision of financial assistance within multilateral environmental agreements (MEAs) and through various financial mechanisms. Through the provision of financial assistance, developed countries contribute to covering the incremental costs of protecting the global environment incurred by developing countries. The functions of financial assistance include, inter alia, capacity-building, disaster relief, financing of pollution control equipment, and compliance assistance. Among these various targets, capacity-building has received an important political emphasis. The chapter then outlines the different types and sources of financial assistance, as well as its aim and nature, before analysing the legal structure of financial mechanisms.
Technology Assistance and Transfers
Authors: Alam Shawkat 
Published: September 2021

AbstractThis chapter highlights the role of technological assistance and transfers in international environmental law. At its heart, technology transfers aim to address the inequitable distribution of costs and benefits that have occurred between developed and developing countries under conventional patterns of economic growth. This has been reflected through a range of international environmental law instruments. However, despite the prevalence of technology provisions in international environmental law, there remains a lack of effective implementation. This can be attributed, in part, to the tension between technology transfers and the protection of intellectual property rights. Direct confrontation between the intellectual property and technology transfer regimes has been side-stepped, but there remains a strong need to seek complementarity between the two systems.
International Environmental Responsibility and Liability
Authors: Voigt Christina 
Published: September 2021

Abstract
This chapter analyses the relationship between international environmental law and state responsibility, considering primary obligations, environmental harm, and the standard of care/due diligence. Accountability for internationally illegal acts, such as breach of a treaty or the violation of customary law rules, is relatively well developed in general international law under the concept of state responsibility, though not in a codified, treaty-based manner and some uncertainties exist. In general, ‘state responsibility’ refers to the accountability of a state for a violation of international law and is premised upon an internationally wrongful act which can be attributed to a state. The consequences of international responsibility for a wrongful act are the obligation of the wrongdoer to cease that act, to offer assurances of non-repetition, and to make full reparation of the injury caused by the internationally wrongful act, including compensation for environmental damage. On the other hand, rules for strict liability for environmental harm resulting from lawful activities are not so well established, and remain singular and exceptional.
South America
Authors: Tigre Maria Antonia 
Published: September 2021

Abstract
This chapter explores international environmental law in the courts of South America. Courts in South America have applied international environmental law on a limited scale. Multilateral environmental agreements (MEAs) are usually cited in higher courts to reinforce environmental principles or general norms already been incorporated in national law. Whenever applicable, national law is preferred, reducing reliance on international law. Treaties are more likely to be used as an additional argument to advance theories with lower acceptance at the national level. For example, MEAs are often cited when decisions apply the precautionary principle and favour environmental protection in the absence of scientific certainty about environmental damage. More recently, international law has also been cited in pushing forward innovative theories without national legal support, such as the rights of nature. The recent decisions in Colombia have shifted the paradigm, as these directly use international law to justify environmental protection on a broader level. In light of the growth of climate cases filed in national courts, it is likely that international law is directly applied in other national courts as well, as has happened in Colombia.
Jus Cogens
Authors: Shelton Dinah 
Published: September 2021

Abstract
The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in the Elements of International Law series, Dinah Shelton explores its origins and history, its revival in the twentieth century, and its place in international and domestic jurisprudence. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.
The Origins and Sources of Jus Cogens
Authors: Shelton Dinah 
Published: September 2021

Abstract
This chapter traces the origins and sources of jus cogens. Jus cogens has been developed largely by international legal scholarship, which has attempted to identify the theoretical foundations of a world juridical order. Every classic author in the field of international law expounds a theory of the source of obligation and the nature of international law. They typically distinguish between voluntary or consensual law and compulsory norms that bind a state independently of its will. Some early writers found the source of compulsory law in divine or religious law binding all humans and human institutions. A related theory derives the concept of jus cogens from general principles of law, noting the existence of overriding public policy and superior norms in all legal systems. Finally, positivists rely on state consent for the origin, content, and functions of jus cogens.
Range limits and thermal physiological adaptation of intertidal limpets belonging to the genusNipponacmea
Authors: Yu Shan-shan , Dong Yun-wei , Wang Qing-lin 
Published: September 2021

ABSTRACTNipponacmea fuscoviridis and N. radula are common intertidal species along China's coast and are characterized by divergent biogeographic patterns. In order to understand the effects of thermal stress on the distribution of these rocky shore species, the upper thermal limits and thermal safety margins of these two species were determined and compared. Thermal tolerance of the southern species N. fuscoviridis was higher than that of its northern congener N. radula: (1) the lethal temperature (LT50) of N. fuscoviridis (mean ± SD = 44.19 ± 0.34 °C) was higher than that of N. radula (42.44 ± 0.17 °C); (2) levels of the heat shock protein HSP70 reached maximum values at 40 and 42 °C in N. radula and N. fuscoviridis, respectively; (3) the temperatures at which hsp70 and hsp90 genes were induced (Ton) in N. fuscoviridis were higher than those of N. radula; and (4) Arrhenius breakpoint temperatures (ABTs) of cardiac performance of N. radula and N. fuscoviridis were 36.74 ± 1.27 and 36.84 ± 1.04 °C, respectively. With the consideration of environmental temperature, the maximum habitat temperature (MHT) of the northern species, N. radula, was close to its ABT and lower than its LT50. The MHT for the southern species, N. fuscoviridis, was much higher than its ABT and closed to its LT50. These results indicate that the southern species, despite its higher upper thermal tolerance limit, is living nearer to its lethal temperature and might be more sensitive to the increasing air and ocean temperatures in the face of climate change.