Chapter

General International Law and Transboundary Air Pollution: Norms, Concepts, and Principles

Phoebe N. Okowa

in State Responsibility for Transboundary Air Pollution in International Law

Published in print November 2000 | ISBN: 9780198260974
Published online March 2012 | e-ISBN: 9780191682186 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260974.003.0004

Series: Oxford Monographs in International Law

General International Law and Transboundary Air Pollution: Norms, Concepts, and Principles

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This chapter considers the customary international law principles that are relevant to transboundary air pollution. It suggests that, despite the rudimentary character of the customary law regime, it retains undoubted significance in view of the limited scope of the treaty instruments. Not all states presently affected by transboundary air pollution are party to the treaty regimes, and in the case of civil uses of nuclear energy there are no generally accepted treaty standards. As a result, the responsibility of states for radioactive contamination largely depends on the normative content of customary law. A case for the progressive development of the law is also made and a critique of the emergent norms and principles is undertaken.

Keywords: transboundary air pollution; international law; treaty regimes; radioactive contamination; customary law

Chapter.  19789 words. 

Subjects: Public International Law

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