Non-Regression in International Environmental Law

This book analyses the emerging concept of ‘non-regression’ as a novel legal principle of international environmental law. In order to do so, it traces the development of related concepts in the framework of international human rights law and advocates their application to international environmental law using a novel approach of comparative law method.
Author(s):
Markus Vordermayer-Riemer
book | published | 1st edition
December 2020 | xl + 578 pp.

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€139.-

ISBN 9781780689852


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ISBN 9781839701221

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Details

The book analyses the emerging concept of ‘non-regression’ as a novel legal principle of international environmental law. It traces the development of non-regression in the context of international human rights law and provides an examination of the respective jurisprudence under universal and regional human rights instruments. These are then compared to closely-related normative concepts in the framework of international environmental law, including the Paris Climate Change Agreement and biodiversity-related agreements such as the Ramsar Convention on Wetlands and the Bonn Convention on Migratory Species. The book advocates an innovative usage of comparative law methods in order to enable fruitful interactions between human rights and international environmental law.
Non-Regression in International Environmental Law is an important contribution to the development of international environmental law that offers a fresh perspective on the relationship between human rights and international environmental law.
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DR MARKUS VORDERMAYER-RIEMER is a legal and policy officer at the Bavarian State Ministry of the Environment and Consumer Protection, Germany. He was previously a law clerk at the Higher Regional Court of Munich, Germany. He has also worked as a research assistant at the Institute of International Law of Ludwig-Maximilian-University, Munich, and was educated in both civil law and common law jurisdictions.

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

Markus Vordermayer-Riemer

Introduction (p. 1)

Markus Vordermayer-Riemer

PART I. Progressivity and Non-Regression in International Human Rights Law: Going up on the Escalator

Chapter 1. The Sources and the Interpretation of International Human Rights Law (p. 33)

Chapter 2. The International Covenant on Economic, Social and Cultural Rights (p. 51)

Chapter 3. Regional Human Rights Regimes (p. 129)

PART II. Progressive Obligations and Non-Regression in Environmental Treaty Regimes: Going up the Down Escalator

Chapter 4. The Sources and the Interpretation of International Environmental Law (p. 249)

Chapter 5. The Climate Change Regime: Progress and Non-Regression in the Face of a 'Super-Wicked Problem' (p. 277)

Chapter 6. Environmental Agreements Focusing on the Conservation of Biodiversity (p. 333)

PART III. Non-Regression and the Promises of Comparative International Law

Chapter 7. Non-Regression as a Free-Standing Principle of International Environmental Law? (p. 429)

Chapter 8. Comparative International Law: 'Borrowing' Non-Regression from Human Rights Law (p. 463)