Setting environmental standards for the conservation of marine living resources through the practice of international judiciary: An examination from the perspectives of arbitration v. judicial settlement and Compromis application v. unilateral application

Setting environmental standards for the conservation of marine living resources through the... Non-State Actors and International Law 2: 141–156, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. 141 Setting environmental standards for the conservation of marine living resources through the practice of international judiciary: An examination from the perspectives of arbitration v . judicial settlement and Compromis application v . unilateral application YASUHIRO SHIGETA ∗ Osaka Gakuin University, Japan Accepted 28 February 2002 Abstract. The practice, related to the conservation of marine living resources, of international courts and tribunals such as International Court of Justice, International Tribunal for the Law of the Sea and arbitral tribunals, has contributed to setting various kinds and forms of envir- onmental standards for such conservation, at least in the following three ways: 1) standard setting by international judiciary itself; 2) assistance for standard setting by the parties; 3) clarification of the requirements for valid domestic standard setting. The advantages of environmental standards are considerable: a standard often reduces the costs of obtaining information and doing business because those who may be affected by a decision on an environmental matter have a right to know in advance what criteria will be applied; it can determine the point at which a sanction may be http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Non-State Actors and International Law (continued in International Community Law Review) Brill

Setting environmental standards for the conservation of marine living resources through the practice of international judiciary: An examination from the perspectives of arbitration v. judicial settlement and Compromis application v. unilateral application

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Publisher
Martinus Nijhoff
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-7125
eISSN
1571-8077
D.O.I.
10.1163/157180702761066922
Publisher site
See Article on Publisher Site

Abstract

Non-State Actors and International Law 2: 141–156, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. 141 Setting environmental standards for the conservation of marine living resources through the practice of international judiciary: An examination from the perspectives of arbitration v . judicial settlement and Compromis application v . unilateral application YASUHIRO SHIGETA ∗ Osaka Gakuin University, Japan Accepted 28 February 2002 Abstract. The practice, related to the conservation of marine living resources, of international courts and tribunals such as International Court of Justice, International Tribunal for the Law of the Sea and arbitral tribunals, has contributed to setting various kinds and forms of envir- onmental standards for such conservation, at least in the following three ways: 1) standard setting by international judiciary itself; 2) assistance for standard setting by the parties; 3) clarification of the requirements for valid domestic standard setting. The advantages of environmental standards are considerable: a standard often reduces the costs of obtaining information and doing business because those who may be affected by a decision on an environmental matter have a right to know in advance what criteria will be applied; it can determine the point at which a sanction may be

Journal

Non-State Actors and International Law (continued in International Community Law Review)Brill

Published: Jan 1, 2002

Keywords: international judiciary; International Court of Justice; arbitral tribunal; International Tribunal for the Law of the Sea; environmental standards

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