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State Responsibility for Transboundary Air Pollution in International Law$
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Phoebe Okowa

Print publication date: 2000

Print ISBN-13: 9780198260974

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260974.001.0001

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Procedural Obligations of States

Procedural Obligations of States

(p.131) 5 Procedural Obligations of States
State Responsibility for Transboundary Air Pollution in International Law

Phoebe N. Okowa

Oxford University Press

A large number of the treaties and legal instruments discussed in Chapter 2 attempt to regulate and prevent the occurrence of transboundary air pollution through the imposition of procedural duties. This chapter examines the legal implications of the procedural obligations of environmental impact assessment, exchange of information, notification, and consultation as found in air pollution treaties. It also considers the extent to which these duties can be said to have passed into the corpus of general international law. It suggests that, with the exception of notification in emergency situations, these procedural norms have not attained the status of customary law and are at best emergent principles of general international law.

Keywords:   transboundary air pollution, international law, environmental impact assessment, exchange of information, air pollution treaties, customary law

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