Drafts by Iuliana-Raluca Luca-Wold
Report, 2015
The present paper aims to construct a thorough image on state liability concerning the pollution ... more The present paper aims to construct a thorough image on state liability concerning the pollution of transboundary waters, due to the various forms of liability and positions emerged under international law regarding international environmental law in general. Moreover, international waters have a particular regime and approach, distinguishing two types: the seas and the international watercourses.
Mainly, international environmental law is comprised of soft law. Nevertheless, rules of customary international law have been crystalized regarding international waters and the paper will shed light on what these are and on what is the importance of those binding and mandatory international obligations for state liability. In addition, soft law will be discussed as to whether it amounts to a development of international environmental law in this sector or whether it is a form of stagnating this process.
Case studies will be provided throughout this paper in order to stress the environmental risks, the impact and the damage which might occur in case of poorly managed activity and projects.
Before proceeding to enter into the legal issues of state liability under international law regarding the pollution of international waters, one must look at the history of environmental law in order to understand the emergence of environmental law and the importance it poses nowadays in the international context, for its absence may lead to consequences which will be supported not only by the present society, but also by future generations.
Essay, 2014
The aim of the paper is to stress the importance of transnational law in the applicability of var... more The aim of the paper is to stress the importance of transnational law in the applicability of various rules of international law to cross-border transactions, in order to disclose a coherent language of law. The paper will analyse and comment the Tribunal’s considerations with regard to the U.S. Claimant’s suffering of “economic harm to its investment through interference with its operations, lost contracts and opportunities in Canada”.
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Drafts by Iuliana-Raluca Luca-Wold
Mainly, international environmental law is comprised of soft law. Nevertheless, rules of customary international law have been crystalized regarding international waters and the paper will shed light on what these are and on what is the importance of those binding and mandatory international obligations for state liability. In addition, soft law will be discussed as to whether it amounts to a development of international environmental law in this sector or whether it is a form of stagnating this process.
Case studies will be provided throughout this paper in order to stress the environmental risks, the impact and the damage which might occur in case of poorly managed activity and projects.
Before proceeding to enter into the legal issues of state liability under international law regarding the pollution of international waters, one must look at the history of environmental law in order to understand the emergence of environmental law and the importance it poses nowadays in the international context, for its absence may lead to consequences which will be supported not only by the present society, but also by future generations.
Mainly, international environmental law is comprised of soft law. Nevertheless, rules of customary international law have been crystalized regarding international waters and the paper will shed light on what these are and on what is the importance of those binding and mandatory international obligations for state liability. In addition, soft law will be discussed as to whether it amounts to a development of international environmental law in this sector or whether it is a form of stagnating this process.
Case studies will be provided throughout this paper in order to stress the environmental risks, the impact and the damage which might occur in case of poorly managed activity and projects.
Before proceeding to enter into the legal issues of state liability under international law regarding the pollution of international waters, one must look at the history of environmental law in order to understand the emergence of environmental law and the importance it poses nowadays in the international context, for its absence may lead to consequences which will be supported not only by the present society, but also by future generations.