Global Regulatory Standards in Environmental and Health Disputes
Regulatory Coherence, Due Regard, and Due Diligence
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 June 2021
- ISBN 9780198810551
- Binding Hardback
- No. of pages416 pages
- Size 242x161x30 mm
- Weight 792 g
- Language English 145
Categories
Short description:
This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.
MoreLong description:
Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era.
However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
This important book by Caroline E. Foster offers an innovative approach to the question of how to balance international and domestic legal authority when it comes to the regulation of issues of common interest ... a valuable tool
Table of Contents:
Part I: Introduction
Introduction
Introducing Regulatory Standards
Part II: The International Court of Justice, Law of the Sea Dispute Settlement, and the Permanent Court of Arbitration
Regulatory Coherence
Due Regard and Due Diligence
Part III: World Trade Organization Dispute Settlement
Necessity
Rational Relationships
Part IV: Investment Treaty Arbitrations
Regulatory Coherence Requirements in Investment Treaty Arbitration
Proportionality in Investment Treaty Arbitration
Part V: Critical Questions
Regulatory Standards, Legitimate Authority, and the Adjudicatory Role
Systemic Challenges and Opportunities
Conclusion
