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Recueil des Cours 2001
註釋"International environmental law is part and parcel of international law and it should be viewed from that perspective, according to Professor Fitzmaurice, Professor at Queen Mary College at the University of London. Certain features of international environmental law have contributed to the development of general international law. In her introduction, Professor Fitzmaurice places international environment law within its historical framework. She then presents the principal elements of international environmental law: sources, formation and kinds of legal rules. Professor Fitzmaurice then examines the development of new concepts and principles proper to international environmental law, such as the principle of the common heritage of mankind. Professor Fitzmaurice also describes the liability regime regarding state responsibility for environmental damage (responsibility ex delicto or sine delicto). The author then examines some general principles of the modern approach to the environment, the elements of preventive approach. She also raises the question of human rights and the environment: the right to a clean environment. In the two last chapters, Professor Fitzmaurice studies the mechanisms for environmental dispute avoidance and settlement, and presents some case studies to illustrate the theoretical and practical problems of contemporary international environmental law"--Publisher's description.