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Transboundary Harm in International Law

Transboundary Harm in International Law
Lessons from the Trail Smelter Arbitration

$129.00 (C)

James R. Allum, John E. Read, Stephen C. McCaffrey, Alfred P. Rubin, Jaye Ellis, John H. Knox, Karin Mickelson, Mark A. Drumbl, Mark Anderson, Neil Craik, Günther Handl, James F. Jacobson, Russell A. Miller, Austen L. Parrish, Phoebe Okowa, Stuart M. Kaye, Pierre-Marie Dupuy, Cristin Hob, Peer Zumbansen, Jennifer Peavey Joanis, Holger P. Hestermeyer, Judith Wise, Eric L. Jensen, Nicola Vennemann
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  • Date Published: August 2006
  • availability: Available
  • format: Hardback
  • isbn: 9780521856430

$ 129.00 (C)

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About the Authors
  • The Russian media are widely seen to be increasingly controlled by the government. Leaders buy up opposing television channels and pour money in as fast as it hemorrhages out. As a result, TV news has become narrower in scope and in the range of viewpoints which it reflects: leaders demand assimilation and shut down dissenting stations. Using original and extensive focus group research and new developments in cognitive theory, Ellen Mickiewicz unveils a profound mismatch between the complacent assumption of Russian leaders that the country will absorb their messages, and the viewers on the other side of the screen. This is the first book to reveal what the Russian audience really thinks of its news and the mental strategies they use to process it. The focus on ordinary people, rather than elites, makes a strong contribution to the study of post-communist societies and the individual’s relationship to the media.

    • Innovative exploration of how international law responds to transboundary harm
    • Comprehensive, single-volume treatment of the Trail Smelter arbitration
    • Contributions from some of the world's leading international and environmental law scholars
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    Reviews & endorsements

    "Television, Power, and the Public in Russia by Ellen Mickiewicz, a highly respected authority on the political role of television in Russia, provides surprising and significant insights into the gap separating the current Russian leadership from the Russian people."
    -Zbigniew Brzezinski, Counselor and Trustee, Center for Strategic and International Studies

    "This focus group based study of Russian television audiences presents a superb analysis of the many ways in which diverse life circumstances alter television’s impact on viewers. It also provides fascinating insights into ordinary citizens’ perceptions of life, politics, and the mass media in contemporary Russia, using U.S. news media and politics as a foil for comparison. This is essential reading for comparativists, political psychologists, and mass media scholars."
    -Doris Graber, Department of Political Science, University of Illinois at Chicago

    "A fascinating approach to current issues in post-Soviet television. Mickiewicz has an unparalleled range and depth of knowledge and is not afraid to use this to create a more personal approach. This is an important book that makes a significant contribution toward understanding the particular pathologies of the broadcast sphere in Russia through the study of the audience."
    -Sarah Oates, Department of Politics, University of Glasgow

    "Ellen Mickiewicz [...] yesterday was one of the most highly regarded American Sovietologists; now [she is] the greatest authority in the field of the study and analysis of Russian mass media. [...] Liberty, even when it is limited always has a revolutionary potential. More so if the power ignores the impact as emerges from the fine research of [this] American political scientist."
    -Piero Ostellino, Editor-in-Chief, Corriere della Sera

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    Product details

    • Date Published: August 2006
    • format: Hardback
    • isbn: 9780521856430
    • length: 372 pages
    • dimensions: 229 x 152 x 25 mm
    • weight: 0.72kg
    • availability: Available
  • Table of Contents

    Part I. The Trail Smelter Arbitration - History, Legacy and Revival: A. History:
    1. An outcrop of Hell: history, environment, and the politics of the Trail Smelter Dispute James R. Allum
    2. The Trail Smelter Dispute John E. Read
    B. Roots and legacy:
    3. Of paradoxes, precedents and progeny: the Trail Smelter Arbitration 65 years later Stephen C. McCaffrey
    4. Pollution by analogy: the Trail Smelter Arbitration Alfred P. Rubin
    5. Has international law outgrown Trail Smelter? Jaye Ellis
    6. The flawed Trail Smelter procedure: the wrong tribunal, the wrong parties, and the wrong law John H. Knox
    7. Re-reading Trail Smelter Karin Mickelson
    8. Trail Smelter and the International Law Commission's work on state responsibility for internationally wrongful acts and state liability Mark A. Drumbl
    9. Derivative Versus Direct Liability as a basis for state liability for transboundary harms Mark Anderson
    C. Return to Trail:
    10. Transboundary pollution, unilateralism and the limits of extraterritorial jurisdiction: the second Trail Smelter Dispute Neil Craik
    Part II. Trail Smelter and Contemporary Transboundary Harm - The Environment:
    11. Trail Smelter in contemporary international environment law: its relevance in the nuclear energy context Günther Handl
    12. Through the looking glass: sustainable development and other emerging concepts of international environmental law in the Gabcikovo-Nagymaros case and the Trail Smelter arbitration James F. Jacobson
    13. Trail Smelter's (semi) precautionary legacy Rebecca M. Bratspies
    14. Surprising parallels between Trail Smelter and the global climate change regime Russell A. Miller
    15. Sovereignty's continuing importance: traces of Trail Smelter in the international law governing hazardous waste transport Austen L. Parrish
    16. The legacy of Trail Smelter in the field of transboundary air pollution Phoebe Okowa
    17. The impact of the Trail Smelter Arbitration on the law of the sea Stuart M. Kaye
    Part III. Trail Smelter and Contemporary Transboundary Harm - Beyond the Environment:
    18. Trail Smelter and terrorism: international mechanisms to combat transboundary harm Pierre-Marie Dupuy and Cristin Hob
    19. The conundrum of corporate social responsibility: reflections on the changing nature of firms and states Peer Zumbansen
    20. A pyrrhic victory: applying the Trail Smelter principle to State creation of refugees Jennifer Peavey Joanis
    21. Transboundary harm: internet torts Holger P. Hestermeyer
    22. International drug pollution? Reflections on Trail Smelter and Latin American drug trafficking Judith Wise and Eric L. Jensen
    23. Application of international human rights conventions to transboundary state acts Nicola Vennemann
    Annex: convention for settlement of difficulties arising from operation of Smelter at Trail, British Columbia, Trail Smelter Arbitral Decision 1938, and Trail Smelter Arbitral Decision 1941.

  • Editors

    Rebecca M. Bratspies, City University of New York

    Russell A. Miller, University of Idaho


    James R. Allum, John E. Read, Stephen C. McCaffrey, Alfred P. Rubin, Jaye Ellis, John H. Knox, Karin Mickelson, Mark A. Drumbl, Mark Anderson, Neil Craik, Günther Handl, James F. Jacobson, Russell A. Miller, Austen L. Parrish, Phoebe Okowa, Stuart M. Kaye, Pierre-Marie Dupuy, Cristin Hob, Peer Zumbansen, Jennifer Peavey Joanis, Holger P. Hestermeyer, Judith Wise, Eric L. Jensen, Nicola Vennemann

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