This chapter argues that rule and principles of general international law concerning protection of the environment can be identified. It should not be forgotten that international environmental law is not a separate or self-contained field of law, and nor is it currently comprehensively codified or set out in a single treaty or body of treaties. It could be argued that international environmental law is merely the application of established rules, principles, and processes of general international law to the resolution of international environmental problems and disputes, without the need for creating new law, or even for developing old law. The chapter looks in detail at the issues around the expectations and realities of international environmental law.
Chapter
3. Rights and Obligations of States Concerning Protection of the Environment
Chapter
31. The claims process
This chapter considers preliminary issues, involving both jurisdiction and admissibility, before international courts and tribunals. It discusses prior negotiations, the requirement of a dispute, grounds of inadmissibility, diplomatic protection, and mixed claims.
Chapter
8. The Legal Framework of Co-ownership
Co-ownership of land imposes a trust, which was originally a trust for sale but is now simply a trust of land, and which is imposed mainly because it is essential to determine, separately, the position of the co-owners in law and at equity. This is attributed to the legal framework that governs co-ownership. In the past, land could be co-owned via four different methods—joint tenancies, tenancies in common, tenancies by entireties, and coparcenery—the first two of which remain important, while the last two are now virtually nonexistent. This chapter examines the legal framework under which co-ownership of land takes place. It first considers joint tenancies and tenancies in common before turning to co-ownership after 1925, severance and implied severance, acts of severance, disputes between co-owners, and disputes over sale.
Chapter
9. Co-Ownership—the Resolution of Disputes
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; ss 13–15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.
Chapter
13. Statutory Tribunals
This chapter examines the rationale for giving the task of resolving disputes to statutory tribunals rather than courts. It also describes the structure and organization for most tribunals and how they conduct dispute resolution adjudication. The hearing technique of redress is considered alongside administrative review, particularly the use of mandatory reconsideration in social security to illustrate the advantages and disadvantages of different methods of dispute resolution. Their place in a staged approach, proportionate dispute resolution, is outlined and the possible benefit of conceiving administrative justice as a system with a focus on users is raised as well as some of the issues raised for users by the adoption of digitalization. An outline is given of the oversight activities conducted by the non-statutory Administrative Justice Council.