Customary Rights and Responsibilities

Scott Barrett

in Environment and Statecraft

Published in print November 2005 | ISBN: 9780199286096
Published online October 2005 | e-ISBN: 9780191602832 | DOI:
 Customary Rights and Responsibilities

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This chapter casts the challenge of international cooperation in the framework of customary international law. It explains how custom is developed and sustained, and why it cannot address all international cooperation problems on its own, i.e., why treaties are also needed. Custom has been particularly important in establishing property rights, such as the Exclusive Economic Zone. The chapter illustrates these ideas by explaining the role that custom played in addressing pollution of the Rhine.

Keywords: customary law; jurisdiction; property rights; sovereign equality; territorial equality; no harm principle; equitable utilization

Chapter.  14340 words.  Illustrated.

Subjects: Economic Development and Growth

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