Papers by Rosemary Rayfuse
Yearbook of International Environmental Law, 2008
ICSID Reports, 1993
1. Consortium Groupement LESI Dipenta v. Algeria (ICSID Case No ARB/03/8) 2. Bogdanov, Agurdino-I... more 1. Consortium Groupement LESI Dipenta v. Algeria (ICSID Case No ARB/03/8) 2. Bogdanov, Agurdino-Invest Ltd and Agurdino-Chimia JSC v. Republic of Moldova (SCC Case) 3. Wena Hotels Ltd v. Arab Republic of Egypt (ICSID Case No ARB/98/4) 4. Duke Energy International Peru Investments No 1 Ltd v. Republic of Peru (ICSID Case No ARB/03/28) 5. Saluka Investments BV v. Czech Republic [UNCITRAL] Seat of Arbitration - Geneva, Switzerland PCA as Registry 6. Czech Republic v. Saluka Investments BV (Swiss Tribunal federal) [SWITZERLAND] 7. Jan de Nul NV and Dredging international NV v. Arab Republic of Egypt (ICSID Case No ARB/04/13) 8. Grand River Enterprises Six Nations Ltd and others v. United States of America (NAFTA) 9. ADC Affiliate Limited and ADC and ADMC Management Limited v. Hungary (ICSID Case No ARB/03/16) Annex 1. ICSID Arbitration Rules (as amended with effect from 10 April 2006) Annex 2. ICSID Arbitration (Additional Facility) Rules (as amended with effect from 10 April 2006).
IUCN, Gland, …, 2008
The designation of geographical entities in this book, and the presentation of the material, do n... more The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) or the Dutch Ministry of Agriculture, Nature and Food Quality concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Brill | Nijhoff eBooks, 2004
BRILL eBooks, 2014
Foreword Marie Jacobsson Introduction Rethinking International Law and the Protection of the Envi... more Foreword Marie Jacobsson Introduction Rethinking International Law and the Protection of the Environment in Relation to Armed Conflict Rosemary Rayfuse 1 The Protection of the Natural Environment in Armed Conflict - Existing Rules and Need for Further Legal Protection Cordula Droege and Marie-Louise Tougas 2 The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules Dieter Fleck 3 The Principle of Ambituity and the Prohibition against Excessive Collateral Damage to the Environment during Armed Conflict Erik V. Koppe 4 The Ethics, Principles and Objectives of Protection of the Environment in Times of Armed Conflict Michael Bothe 5 Advancing the Legal Protection of the Environment in Relation to Armed Conflict: Protocol I's Threshold of Impermissible Environmental Damage and Alternatives Carson Thomas 6 Environmental Protection in Armed Conflict: Filling the Gaps with Sustainable Development Onita Das 7 Environment and War: Lessons from International Cultural Heritage Law Lucas Lixinski 8 The Role of Multilateral Environmental Agreements in Armed Conflict: 'Green-keeping' in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo Britta Sjostedt 9 From Engines for Confl ict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict Daniella Dam-de Jong Index.
Edward Elgar Publishing eBooks, Dec 30, 2016
General principles of international environmental law provide the theoretical foundation for the ... more General principles of international environmental law provide the theoretical foundation for the development of normative frameworks in international law. In the waste management context, five general principles are particularly relevant: the principle of permanent sovereignty over natural resources and the duty not to cause transboundary harm; the principle of preventive action; the corresponding principle of cooperation; the principle of sustainable development; and the precautionary principle. Operationalization of these principles in the waste context has led to the development of new principles, such as those of self-sufficiency, proximity, waste minimization, environmentally sound management and prior informed consent, all of which are further operationalized in the detailed rules set out in the Basel Convention and other treaties dealing with waste management. This chapter examines the interpretation and application of these general principles and the role they have played in the development of the international legal regime for the management and transboundary movement of waste.
Human Rights Defender, 1997
ICSID reports, 1993
282283Jurisdiction — Of arbitration tribunal — Joint venture agreement between foreign company an... more 282283Jurisdiction — Of arbitration tribunal — Joint venture agreement between foreign company and State — Limited liability company established to carry out project — State to guarantee and authorize payment of accounts by joint venture company — Accounts rendered by foreign company not paid Whether State proper party before tribunalDamages — For breach of joint venture agreement — Joint venture agreement between foreign company and State for cultivation and processing of hemp and construction of textile factory — Changes in economic conditions rendering project unprofitable — Foreign company insisting on alteration to programme or repudiation of position as partner and maintenance of status as supplier and technical expert only — Accounts submitted by foreign company for supply of materials to joint venture remaining unpaid Whether State in violation of agreements between the partiesCounterclaim — For breach of joint venture agreement — Joint venture agreement between foreign company and State for cultivation and processing of hemp and construction of textile factory — Changes in economic conditions rendering project unprofitable — Foreign company insisting on alteration to programme or repudiation of position as partner and maintenance of status as supplier and technical expert only — State failing to require performance with contractual obligations — Whether foreign company liable for damages for repudiation of agreements between the partiesCosts — Parties both claiming repudiation and termination of agreements between them — Neither party proving claim — Parties bearing own costs of proceedings
Social Science Research Network, 2009
ABSTRACT The Earth has entered the anthropocene era; the era in which human activities have begun... more ABSTRACT The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth's climate and ecosystems. Covering more than 60% of the Earth's surface, the oceans comprise a complex, dynamic and vast component of the Earth's ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that the oceans are exhaustible and that increasing and intensifying human activities and uses are pushing the oceans to the limits of their carrying capacity. The Law of the Sea Convention establishes a legal order for the oceans intended to 'facilitate international communication, [and] promote peaceful uses of the seas and oceans, the equitable and efficient utilisation of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment'. However, particularly as regards areas beyond national jurisdiction, the law of the sea regime is fragmented both sectorally and geographically, leaving a large range of governance, regulatory, substantive and implementational gaps which serve to limit its effectiveness in securing a sustainable future for the oceans in areas beyond national jurisdiction. The new reality of the context in which the legal regime for areas beyond national jurisdiction operates is one of increasing and increasingly unbridled human activity resulting in damage, both potential and real, from over-use, over-consumption and over-exploitation. This new reality has altered the fundamental balance between the context in which the law of the sea operates and the law of the sea itself. New legal developments are being called for to re-establish that equilibrium.
Routledge eBooks, Jun 12, 2023
Edward Elgar Publishing eBooks, Oct 19, 2021
Journal of Environmental Law, Aug 7, 2019
Groundwater resources have come under increasing pressure from overuse and pollution leading to d... more Groundwater resources have come under increasing pressure from overuse and pollution leading to declines in both quantity and quality. As a renewable resource, the continued availability of sufficient and clean groundwater depends on its sustainable use. However, groundwater use has often been unsustainable, and in many countries—both developing and developed—legal and policy frameworks for its sustainable use remain limited and their design and implementation are under-researched. This article examines the drivers that motivate the development and implementation of legal and policy frameworks capable of ensuring the long-term sustainability of groundwater resources. Case studies conducted in Australia and Costa Rica reveal four key drivers: (i) the existence of a water crisis, (ii) awareness—which leads to information, learning and monitoring, (iii) civic leadership to foster meaningful participation and, (iv) government research and funding in order to understand the complexity of groundwater.
Yearbook of International Environmental Law, 1999
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Papers by Rosemary Rayfuse