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Anne-Marie de Brouwer and Usta Kaitesi
Richard Devlin and Adam Dodek
In this Introduction to Regulating Judges: Beyond Independence and Accountability the authors begin by outlining the conventional frame of reference adopted in the judicial studies literature as being premised upon an independence/accountability continuum. While recognizing the strengths of this traditional approach, the authors argue that analyses of the judiciary could be enriched by adopting some of the insights from contemporary regulation theory. On this foundation they then develop a new conceptual framework based upon a regulatory pyramid comprised of values, processes, resources and outcomes. The latter part of the chapter then road-tests this innovative paradigm by filtering the 19 chapters through the regulatory pyramid to: (a) identify a number of common challenges; (b) highlight several significant controversies; and (c) emphasize the plurality of choices available for the regulation of judges.
General principles of international environmental law provide the theoretical foundation for the development of normative frameworks in international law. In the waste management context, five general principles are particularly relevant: the principle of permanent sovereignty over natural resources and the duty not to cause transboundary harm; the principle of preventive action; the corresponding principle of cooperation; the principle of sustainable development; and the precautionary principle. Operationalization of these principles in the waste context has led to the development of new principles, such as those of self-sufficiency, proximity, waste minimization, environmentally sound management and prior informed consent, all of which are further operationalized in the detailed rules set out in the Basel Convention and other treaties dealing with waste management. This chapter examines the interpretation and application of these general principles and the role they have played in the development of the international legal regime for the management and transboundary movement of waste.