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Environment and StatecraftThe Strategy of Environmental Treaty-Making$
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Scott Barrett

Print publication date: 2005

Print ISBN-13: 9780199286096

Published to Oxford Scholarship Online: October 2005

DOI: 10.1093/0199286094.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 June 2021

Customary Rights and Responsibilities

Customary Rights and Responsibilities

Chapter:
(p.106) 5 Customary Rights and Responsibilities
Source:
Environment and Statecraft
Author(s):

Scott Barrett (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199286094.003.0005

This chapter casts the challenge of international cooperation in the framework of customary international law. It explains how custom is developed and sustained, and why it cannot address all international cooperation problems on its own, i.e., why treaties are also needed. Custom has been particularly important in establishing property rights, such as the Exclusive Economic Zone. The chapter illustrates these ideas by explaining the role that custom played in addressing pollution of the Rhine.

Keywords:   customary law, jurisdiction, property rights, sovereign equality, territorial equality, no harm principle, equitable utilization

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