No description available.

International law regulating the protection of the environment has grown exponentially over the years, with the adoption of many conventions covering the protection of specific environmental issues at the global, regional and bilateral levels. The variety of rules and types of protection is vast, and the question then is how to resolve potential conflicts. Within the field of interstate dispute settlement, the mechanisms that exist to solve international environment conflicts present a critical pressure point. Instead of a smooth process of adjudication, conducive to timely judgments that benefit all parties, a disjointed system offering more stumbling blocks than solutions seems to exist. There is this idea that the interstate judicial settlement is old-fashioned, and therefore inadequate to respond to the new legal developments in international environmental law. This pessimistic view on the existing mechanisms and the development of parallel theories on how to achieve greater compliance with environmental rules have consequently led to the creation of alternative types of conflict resolution mechanisms, labelled as non-compliance procedures. Indeed, it is true to say that the roles of international courts and tribunals in environmental disputes have been challenged by certain specific features of environmental disputes, bringing into question their usefulness and effectiveness. However, we should not be too hasty in dismissing the role of courts and tribunals in this context. This thesis seeks to investigate whether there is a place on the international stage for international courts and tribunals when it comes to solving environmental disputes. In doing so, the analysis focuses on the design of interstate adjudication and arbitration. Some judicial mechanisms which are often not considered could be adequately used in the context of international environmental law. By concentrating on the various relevant legal tools available to international judicial bodies, this thesis argues that international courts and tribunals can be used favourably in an environmental context. This thesis adopts three main perspectives from which the role of international courts and tribunals is assessed. First, the analysis concentrates on how the judicial procedures can be triggered (or the question “how to get in”). Then it looks at the mechanisms and procedural problems attached to the judicial bodies (or “once you are in”). Finally, the research focuses on the location of judicial bodies within the broader dispute settlement regime relevant for the application of international environmental law (or “in/out relationships”). With these three elements, it is then possible to evaluate the role international courts and tribunals play, their limitations and their advantages.

No description available.

No description available.

Note: Volume one of two

No description available.

In 2010, with globalization, and economic integration, the world is brought even closer together by satellite technology. Satellites have revolutionized modern military operations and have become essential to ensuring national security regimes. The number of space faring nations has increased, and the US no longer holds a monopoly in space. With China’s successful ASAT test in 2007 and increasing military buildup and cooperation between China and Russia, the US must carefully develop space policies that do not appear antagonistic and unilateral in an attempt to dominate, otherwise a new cold war in space will ensue. Already at the precipice of an all out arms race, the militarization of space has set the stage for the next phase: the weaponization of outer space. In order to prevent this, the laws of outer space should be clear and specifically dictate the rules. Unfortunately, the laws of space are outdated, vague, with marginal controls written before the technology of modern times. The hypothesis for this thesis is based on the belief that the current treaties governing space are insufficient, and in order to preserve peace, they must evolve, along with increased international cooperation, communication, and transparency measures to prevent an all out conflict. This thesis is divided into five sections, the first of which provides an introduction and review of the existing legal system in space. This is followed by current issues and growing concerns, a summary of China, Russia and the US’s strategic capabilities, and finally the assessment of international legal regime in place to help mitigate the use of space. In order to ensure space security for all, transparent, multilateral policies should be pursued. The militarization of space will continue until it reaches a point of confrontation. In order to preserve the peaceful use of space, arms control agreements and the existing space legislation needs to be clarified and updated. International dialogue must promote progress and advancement in shared technology, not an arms race. Through cooperation and collaborative efforts, the continued development of space can be achieved for the benefit of all.

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (Dept. of Political Science) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

Thesis (Ph. D.)--Syracuse University, 2009. / "Publication number: AAT 3385848."

Thèse--Universit́e de Paris. / At head of title: Université de Paris--Faculté de droit. "Bibliography": [209]-215.