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transboundary harm in international law
Many harms flow across the ever-more porous sovereign borders of a globalizing
world. These harms expose weaknesses in the international legal regime built on
sovereignty of nation states. Using the Trail Smelter arbitration, one of the most cited
cases in international environmental law, this book explores the changing nature of
state responses to transboundary harm. Taking a critical approach, the book examines
the arbitration’s influence on international law generally and international environ-
mental law specifically. In particular, the book explores whether there are lessons
from Trail Smelter that are useful for resolving transboundary challenges currently
confronting the munity. The book collects mentary of a
distinguished set of international law scholars who consider the history of the Trail
Smelter arbitration, its significance for international environmental law, its broader
relationship to international law, and its resonance in fields beyond the environment.
a M. Bratspies holds a . in Biology from Wesleyan University and graduated
with honors from the University of Pennsylvania Law School, where she was elected
to the Order of the Coif and awarded the Green Prize for Excellence in Torts. She was
named a Luce Foundation Scholar and Seconded to Taiwan’s Ministry of the Envi-
ronment. Her scholarly research focuses on environmental regulatory regimes; she
is particularly interested in the international dimensions of environmental regulation
and the role of nonstate actors. She currently holds an associate professorship of law at
CUNY School of Law where she teaches environmental, property, and administrative
law. While on the faculty at the University of Idaho College of Law, she cofounded,
with Russell Miller, the Annual Idaho International Law Symposium. The in