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International liability regime for biodiversity damage : the Nagoya-Kuala Lumpur supplementary protocol

International liability regime for biodiversity damage : the Nagoya-Kuala Lumpur supplementary protocol (Loan 4 times)

Material type
단행본
Personal Author
Shibata, Akiho, 1965-.
Title Statement
International liability regime for biodiversity damage : the Nagoya-Kuala Lumpur supplementary protocol / edited by Akiho Shibata.
Publication, Distribution, etc
Milton Park, Abingdon, Oxon ;   New York, NY :   Routledge,   2014.  
Physical Medium
xviii, 282 p. ; 25 cm.
Series Statement
Routledge research in international environmental law
ISBN
9780415722421 (hbk.) 041572242X (hbk.)
요약
"The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety was adopted on 15 October 2010 in Nagoya, Japan. The Supplementary Protocol provides international rules and procedures in the field of liability and redress relating to living modified organisms (LMOs) in response to damage caused by those LMOs to the conservation and sustainable use of biological diversity, taking into account risks to human health. The adoption came at a time when doubts had been raised about the efficacy of multilateral environmental diplomacy after the collapse of the climate change negotiations in 2009 at Copenhagen, and indeed, the Supplementary Protocol was the first universal environmental treaty adopted since the Stockholm Convention on Persistent Organic Pollutants in 2001. This book examines in depth the prelude to, the negotiation over, and the legal significance of the core provisions of the Supplementary Protocol focusing particularly on its incorporation of an administrative approach to liability for biodiversity damage, rather than a fully-fledged civil liability regime. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties and the chapters will thus provide valuable insights into the environmental treaty-making process. Topics covered include: legal structure of the Supplementary Protocol; the role of science and scientists in implementation process; the interaction of elements of administrative approach to liability with domestic legal systems and WTO law; and comparisons with the EU Environmental Liability Directive. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century and argues that the liability approach of the Supplementary Protocol illustrates the historical development of States' obligations under international law to address transboundary harm caused by activities within their jurisdictions or under their control"--
Content Notes
Introduction : The Nagoya-Kuala Lumpur supplementary protocol on liability and redress / Shibata, Akiho -- A new dimension in international environmental liability regimes : a prelude to the supplementary protocol / Shibata, Akiho -- Negotiating the supplementary protocol : the co-chair's perspective / Lefeber, René, Carrasco, Jimena Nieto -- The legal significance of the supplementary protocol : the result of a paradigm revolution / Lefeber, René -- Administrative approach to liability : its origin, negotiation and outcome / Candeira, Alejandro Lago -- A scientific perspective on the supplementary protocol / Alvarez-Morales, Reynaldo Ariel -- Civil liability in the supplementary protocol / Nuar, Gurdial Singh -- One legally-binding provision on civil liability : why was it so important from the African negotiators' perspective / Thomas, Elmo, Kebede, Mahlet Teshome.
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
Liability for environmental damages. Biodiversity conservation --Law and legislation . Environmental law, International.
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010 ▼a 2013042206
020 ▼a 9780415722421 (hbk.)
020 ▼a 041572242X (hbk.)
020 ▼z 9781315849744 (ebk.)
035 ▼a (KERIS)REF000017424881
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082 0 0 ▼a 346.04/6 ▼2 23
084 ▼a 346.046 ▼2 DDCK
090 ▼a 346.046 ▼b I61
245 0 0 ▼a International liability regime for biodiversity damage : ▼b the Nagoya-Kuala Lumpur supplementary protocol / ▼c edited by Akiho Shibata.
260 ▼a Milton Park, Abingdon, Oxon ; ▼a New York, NY : ▼b Routledge, ▼c 2014.
300 ▼a xviii, 282 p. ; ▼c 25 cm.
490 1 ▼a Routledge research in international environmental law
504 ▼a Includes bibliographical references and index.
505 0 0 ▼g Introduction : ▼t The Nagoya-Kuala Lumpur supplementary protocol on liability and redress / ▼r Shibata, Akiho -- ▼t A new dimension in international environmental liability regimes : a prelude to the supplementary protocol / ▼r Shibata, Akiho -- ▼t Negotiating the supplementary protocol : the co-chair's perspective / ▼r Lefeber, René, ▼r Carrasco, Jimena Nieto -- ▼t The legal significance of the supplementary protocol : the result of a paradigm revolution / ▼r Lefeber, René -- ▼t Administrative approach to liability : its origin, negotiation and outcome / ▼r Candeira, Alejandro Lago -- ▼t A scientific perspective on the supplementary protocol / ▼r Alvarez-Morales, Reynaldo Ariel -- ▼t Civil liability in the supplementary protocol / ▼r Nuar, Gurdial Singh -- ▼t One legally-binding provision on civil liability : why was it so important from the African negotiators' perspective / ▼r Thomas, Elmo, ▼r Kebede, Mahlet Teshome.
505 0 0 ▼t Trade and the supplementary protocol : how to achieve mutual supportiveness / ▼r Lima, Rodrigo C. A. -- ▼t The supplementary protocol : a treaty subject to domestic law? / ▼r Yifru, Worku Damena, ▼r Garforth, Kathryn -- ▼t Challenges and opportunities in the implementation of the supplementary protocol : reinterpretation and re-imagination / ▼r Tladi, Dire -- ▼t The Supplementary Protocol and the EU Environmental Liability Directive : similarities and differences / ▼r Brans, Edward, ▼r Dongelmans, Dorith -- ▼t A Japanese approach to the domestic implementation of the supplementary protocol / ▼r Futami, Eriko, ▼r Ohtsuka, Tadashi -- ▼t The industry's compact and its implication for the supplementary protocol / ▼r Carrato, J. Thomas, ▼r Barkett, John, ▼r Goldberg, Phil -- ▼g Conclusion : ▼t Beyond the supplementary protocol / ▼r Shibata, Akiho.
520 ▼a "The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety was adopted on 15 October 2010 in Nagoya, Japan. The Supplementary Protocol provides international rules and procedures in the field of liability and redress relating to living modified organisms (LMOs) in response to damage caused by those LMOs to the conservation and sustainable use of biological diversity, taking into account risks to human health. The adoption came at a time when doubts had been raised about the efficacy of multilateral environmental diplomacy after the collapse of the climate change negotiations in 2009 at Copenhagen, and indeed, the Supplementary Protocol was the first universal environmental treaty adopted since the Stockholm Convention on Persistent Organic Pollutants in 2001. This book examines in depth the prelude to, the negotiation over, and the legal significance of the core provisions of the Supplementary Protocol focusing particularly on its incorporation of an administrative approach to liability for biodiversity damage, rather than a fully-fledged civil liability regime. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties and the chapters will thus provide valuable insights into the environmental treaty-making process. Topics covered include: legal structure of the Supplementary Protocol; the role of science and scientists in implementation process; the interaction of elements of administrative approach to liability with domestic legal systems and WTO law; and comparisons with the EU Environmental Liability Directive. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century and argues that the liability approach of the Supplementary Protocol illustrates the historical development of States' obligations under international law to address transboundary harm caused by activities within their jurisdictions or under their control"-- ▼c Provided by publisher.
630 0 0 ▼a Convention on Biological Diversity ▼d (1992). ▼k Protocols, etc., ▼d 2010 October 29.
650 0 ▼a Liability for environmental damages.
650 0 ▼a Biodiversity conservation ▼x Law and legislation .
650 0 ▼a Environmental law, International.
700 1 ▼a Shibata, Akiho, ▼d 1965-.
740 0 2 ▼a Nagoya-Kuala Lumpur supplementary protocol on liability and redress.
740 0 2 ▼a New dimension in international environmental liability regimes : a prelude to the supplementary protocol.
740 0 2 ▼a Legal significance of the supplementary protocol : the result of a paradigm revolution.
740 0 2 ▼a Scientific perspective on the supplementary protocol.
740 0 2 ▼a Supplementary protocol : a treaty subject to domestic law?.
740 0 2 ▼a Supplementary Protocol and the EU Environmental Liability Directive : similarities and differences.
740 0 2 ▼a Japanese approach to the domestic implementation of the supplementary protocol.
740 0 2 ▼a Industry's compact and its implication for the supplementary protocol.
830 0 ▼a Routledge research in international environmental law.
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 346.046 I61 Accession No. 111731480 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

CONTENTS
Illustrations = ix
Contributors = x
Acknowledgements = xv
Abbreviations = xvii
1 Introduction : the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress / AKIHO SHIBATA = 1
PART Ⅰ The context and negotiation = 15
 2 A new dimension in international environmental liability regimes : a prelude to the Supplementary Protocol / AKIHO SHIBATA = 17
 3 Negotiating the Supplementary Protocol : the Co-Chairs' perspective / RENÉ LEFEBER ; JIMENA NIETO CARRASCO = 52
PART Ⅱ The significance and critiques = 71
 4 The legal significance of the Supplementary Protocol : the result of a paradigm evolution / RENÉ LEFEBER = 73
 5 Administrative approach to liability : its origin, negotiation and outcome / ALEJANDRO LAGO CANDEIRA = 92
 6 A scientific perspective on the Supplementary Protocol / REYNALDO ARIEL ALVAREZ-MORALES = 105
 7 Civil liability in the Supplementary Protocol / GURDIAL SINGH NIJAR = 111
 8 One legally binding provision on civil liability : why it was so important from the African negotiators' perspective / ELMO THOMAS ; MAHLET TESHOME KEBEDE = 125
 9 Trade and the Supplementary Protocol : how to achieve mutual supportiveness / RODRIGO C. A. LIMA = 131
 10 The Supplementary Protocol : a treaty subject to domestic law? / WORKU DAMENA YIFRU ; KATHRYN GARFORTH = 150
PART Ⅲ The implementation = 167
 11 Challenges and opportunities in the implementation of the Supplementary Protocol : re-interpretation and re-imagination / DIRE TLADI = 169
 12 The Supplementary Protocol and the EU Environmental Liability Directive : similarities and differences / EDWARD H. P. BRANS ; DORITH H. DONGELMANS = 180
 13 A Japanese approach to the domestic implementation of the Supplementary Protocol / ERIKO FUTAMI ; TADASHI OTSUKA = 201
 14 The industry's Compact and its implications for the Supplementary Protocol / J. THOMAS CARRATO ; JOHN BARKETT ; PHIL GOLDBERG = 218
 15 Conclusion : beyond the Supplementary Protocol / AKIHO SHIBATA = 240
Appendices = 252
 Appendix 1 : Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010, at Nagoya, Japan = 252
 Appendix 2 : Decision BS-V/11(2010) : International rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms, adopted on 15 October 2010 = 261
 Appendix 3 : Paragraphs 128-139 of the Report of the Fifth Meeting of the Conference of the Parties to the Convention on Biological Diversity Serving as the Meeting of the Parties to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 = 264
 Appendix 4 : Core Elements Paper submitted by the Co-Chairs of the Ad Hoc Working Group at its fifth meeting in Cartagena, Colombia, March 2008 = 267
Index = 270

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