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Bioversity Treaty Law Beyond Westphalia

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International environmental obligations are addressed to "the state" — but in federal systems, no single authority answers for them. Biodiversity Treaty Law Beyond Westphalia examines this gap thro...
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  • 07 January 2027
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International environmental obligations are addressed to "the state" — but in federal systems, no single authority answers for them. Biodiversity Treaty Law Beyond Westphalia examines this gap through the Ramsar Convention on Wetlands and its implementation in Germany and Australia. Carina Bury identifies a recurring pathology, the State Organisational Vacuum, in which divided competence leaves treaty implementation unowned, and maps its forms through a typology of underlap, overlap, and asymmetry. Reading the pacta sunt servanda rule (Article 26 VCLT) together with the primacy of treaty obligations over internal law (Article 27), she argues that the rule is more demanding than commonly assumed: imbued with due diligence, it requires federal states not merely to implement their commitments, but to choose appropriate measures and to revisit them over time.
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Price: $190.00
Pages: 250
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Legal Aspects of Sustainable Development
Publication Date: 07 January 2027
ISBN: 9789004781146
Format: Hardcover
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Carina Bury (Dr. iur.) is a scholar of public international law at the postdoctoral stage. She is currently a Visiting Researcher at the Max Planck Institute for Comparative Public Law and International Law and teaches at Université Paris Nanterre. She undertook her doctoral studies at the University of Hamburg, under the joint supervision of Professor Alexander Proelß (Hamburg) and Professor Donald Rothwell (Australian National University), and studied law at the École de droit of Sciences Po Paris and at Université Paris 2 Panthéon-Assas. Her research interests lie at the crossroads of general international law, international environmental law, and the philosophy of international law, with a particular focus on questions of international legal personality. She has published on public international law issues in national and international peer-reviewed journals.