Authority and legitimacy of environmental post-treaty rules / Tim Staal.
2019
K3585 .S722 2019 (Mapit)
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Details
Author
Title
Authority and legitimacy of environmental post-treaty rules / Tim Staal.
Imprint
Oxford, UK ; New York : Hart Publishing, 2019.
Copyright
©2019
Description
xxviii, 299 pages; 25 cm
Formatted Contents Note
Environmental post-treaty rules : concept and context
The compartmentalised authority of environmental post-treaty rules
The silence of the enabling clauses : delegated authority and the doctrine of sources
"Taking into account" : interpretive authority and wording
Invisible authority : social legitimacy and social pressures
Vulnerable authority : discretion in domestic implementation and violation of procedural principles
Challenges to the normative legitimacy of environmental post-treaty rules
Conclusion.
The compartmentalised authority of environmental post-treaty rules
The silence of the enabling clauses : delegated authority and the doctrine of sources
"Taking into account" : interpretive authority and wording
Invisible authority : social legitimacy and social pressures
Vulnerable authority : discretion in domestic implementation and violation of procedural principles
Challenges to the normative legitimacy of environmental post-treaty rules
Conclusion.
Summary
"In the last few years in international law, more and more regulation comes in the form of post treaty rules. This book offers the first systematic examination of the rules, which are made up of a combination of decisions, regulations and recommendations, to assess their efficiency. The study shows that the authority of these rules is in question as, in practice, member states retain almost complete discretion in their exercise. This conclusion gives rise to the key question; to what extent does this ambiguous authority affect respect/adherence to procedural principles in the practice of the application? This in turn leads to more far-reaching questions of legal certainty, non-arbitrariness and the duty to state reasons. In assessing this question of legitimacy, the study shines a light on this crucial but neglected question in international law scholarship and forms a starting point for improvements and reform"-- Provided by publisher.
Note
Based on the author's thesis (Doctoral - Universiteit van Amsterdam).
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Staal, Tim. Authority and legitimacy of environmental post-treaty rules. Oxford, UK ; Chicago, Illinois : Hart Publishing, 2019
Call Number
K3585 .S722 2019
Language
English
ISBN
9781509925568 hardcover
1509925562 hardcover
1509925562 hardcover
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