Environmental law Books

Book SynopsisHow should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future.Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others.The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E. Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H. Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J. Rosenbloom, E. Ryan, J.A. Wentz, H. WisemanTrade Review'While much of the debate about federalism in environmental law has been focused on pollution laws in the United States, this book covers the full range of environmental issues and looks beyond US borders. The Law and Policy of Environmental Federalism makes it clear that the previous focus on pollution laws provided only a partial glimpse of the federalism issues.' --Daniel Farber, University of California, Berkeley, US'This book is an extraordinary piece of scholarship by top experts in the field. It challenges conventional assumptions concerning environmental federalism and offers new insights into the effects of law and policy on intergovernmental relations. The book explores how climate change is posing novel challenges to federal/state relations and it provides valuable comparative perspectives based on experience in other countries.' --Robert V. Percival, University of Maryland, Francis King Carey School of Law, USTable of ContentsContents: Introduction Kalyani Robbins PART I MAJOR UNITED STATES ENVIRONMENTAL STATUTES 1. Debunking revisionist understandings of environmental cooperative federalism: collective action responses to air pollution Robert L. Glicksman and Jessica A. Wentz 2. Dynamic federalism and the Clean Water Act: completing the task William L. Andreen 3. CERCLA, federalism, and common law claims Alexandra B. Klass and Emma Fazio PART II REGULATION OF NATURAL RESOURCES 4. . Fragmented forest federalism Blake Hudson 5. Coordinating the overlapping regulation of biodiversity and ecosystem management Kalyani Robbins 6. Evolving energy federalism: current allocations of authority and the need for inclusive governance Hannah J. Wiseman PART III CLIMATE CHANGE AND FEDERALISM 7. Climate federalism, regulatory failure and reversal risks, and entrenching innovation incentives William W. Buzbee 8. The enigma of state climate change policy innovation Kirsten H. Engel 9. Cooperative federalism and adaptation Alice Kaswan PART IV THEORIES OF DIFFUSE REGULATORY POWER 10. Reverse preemption in federal water law Ann E. Carlson 11. The cost of federalism: ecology, community, and the pragmatism of land use Keith H. Hirokawa and Jonathan Rosenbloom PART V COMPARING INTERNATIONAL REGIMES 12. The Australian experience with environmental federalism – constitutional and political perspectives Robert Fowler 13. German environmental federalism in the multi-level system of the European Union Nathalie Behnke and Annegret Eppler 14. The paradox of environmental federalism in India Sairam Bhat PART VI CONCLUDING THOUGHTS 15. Environmental federalism’s tug of war within Erin Ryan Index

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Book SynopsisIn the face of the failure of the traditional 'command and control' model of environmental regulation to curb the devastating losses of biodiversity around the world, policymakers are increasingly seeking new approaches to deal with this complex interdisciplinary issue. The Privatisation of Biodiversity? provides a timely contribution to this debate by exploring the legal aspects and the scope to strengthen conservation through these reforms. Colin Reid and Walters Nsoh draw on literature well beyond legal sources, particularly from ecology, environmental economics, and philosophy to reach a number of pragmatic conclusions on the issues discussed. The new approaches explored include payment for ecosystem services, biodiversity offsetting and conservation covenants, as well as taxation and impact fees. Such mechanisms introduce elements of a market approach as well as private sector initiative and resources. This book considers both the practical and ethical aspects of the regulatory choices available to identify the potential and limitations of an increasingly market-based regime. Bringing clarity and coherence to a complex issue, this book will act as a useful tool for environmental and public law scholars as well as other academics in a range of fields interested in biodiversity conservation. It will also provide valuable insight for policymakers, legal practitioners involved in planning, environmental and agricultural matters, public bodies with responsibility for conservation, landowners, managers and developers, individuals and NGOs dedicated to biodiversity, and students of nature conservation interested in exploring new mechanisms for achieving their objectives.Trade Review'This excellent book addresses a key policy agenda for the future of nature conservation and the promotion of biodiversity - the need to involve private actors more centrally in the planning, management and execution of nature conservation policy. This is a central objective of current policy, both in the UK and internationally, but raises difficult questions for the role of the law in the future management of biodiversity. This thorough, thought provoking and timely text breaks new ground in addressing key problems raised by modern environmental policy, and exploring solutions.' --Chris Rodgers, Newcastle University, UKTable of ContentsContents: 1. Introduction 2. Pervasive Issues 3. Payment for Ecosystem Services 4. Biodiversity Offsetting 5. Conservation Covenants 6. Taxation 7. Transferable Development Permits, Quotas and Impact Fees 8. Ethical Issues 9. Reflections Index

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Book SynopsisThe first in an exciting new series on international environmental law, this incisive collection of 18 seminal essays traces the evolution of the subject from its early beginnings, through the formative years of the Stockholm and Rio de Janeiro UN Conferences to the contemporary 'post-modern' era. The articles selected provide an overview of the legal discourse that shaped the emergence of this discipline. They also illustrate how international environmental law - in a multitude of treaties, jurisprudence of courts and tribunals, and a growing body of recognized customary principles - has not only come to govern the management of our planet's common natural resources, but has had a profound impact on the general theory and practice of international law.The History and Origin of International Environmental Law will be of lasting interest to scholars and students in the history of international relations and political science, and offers valuable lessons for future governance of the global environment.18 articles, dating from 1915 to 2011Contributors include: P.W. Birnie, S. McCaffrey, M.J. Glennon , R.L. Meyer, K. Raustiala, J.L. Sax, L.B. Sohn, C.D. Stone, J.B. WienerTrade Review'This superb collection conveniently brings together some of the leading pieces that help explain and contextualise the development of International Environmental Law. Few in the world as well-placed as Peter Sand to edit such a volume. He is, himself, one of the pioneers of the contemporary field and has been at the coalface since the beginning.' --Donald K. Anton, The Australian National University College of LawTable of ContentsContents: Introduction Peter H. Sand PART I THE TRADITIONAL ERA 1. Karl Neumeyer (1915), ‘A Contribution to International Water Law’ [‘Ein Beitrag zum Internationalen Wasserrecht’], in Festschrift für Georg Cohn, Zürich, Switzerland: Orell Füssli, 143–66, translated from the German by Peter H. Sand, 2014 2. Stephen C. McCaffrey (1993), ‘The Evolution of the Law of International Watercourses’, Austrian Journal of Public and International Law, 45, 87–111 3. Alfred P. Rubin (1971), ‘Pollution by Analogy: The Trail Smelter Arbitration’, Oregon Law Review, 50 (3), Spring, 259–98 4. Patricia W. Birnie (1990), ‘International Legal Issues in the Management and Protection of the Whale: A Review of Four Decades of Experience’, Natural Resources Journal, 29 (4), Fall, 903–34 5. Robert L. Meyer (1976), ‘Travaux Préparatoires for the UNESCO World Heritage Convention’, Earth Law Journal, 2 (1), February, 45–81 6. Peter H. Sand (2001), ‘A Century of Green Lessons: The Contribution of Nature Conservation Regimes to Global Governance’, International Environmental Agreements: Politics, Law and Economics, 1 (1), January, 33–72 PART II THE MODERN ERA 7. Joseph L. Sax (1970), ‘The Public Trust Doctrine in Natural Resources Law: Effective Judicial Intervention’, Michigan Law Review, 68, January, 471–566 8. Christopher D. Stone (1972), ‘Should Trees Have Standing?– Toward Legal Rights for Natural Objects’, Southern California Law Review, 45, 450–501 9. Louis B. Sohn (1973), ‘The Stockholm Declaration on the Human Environment’, Harvard International Law Journal, 14, Summer, 423–515 10. Cyril de Klemm (1982), ‘Conservation of Species: The Need for a New Approach’, Environmental Policy and Law, 9 (4), December, 117–28 11. Michael J. Glennon (1990), ‘Has International Law Failed the Elephant?’, American Journal of International Law, 84 (1), January, 1–43 12. Peter H. Sand (1991), ‘Lessons Learned in Global Environmental Governance’, Boston College Environmental Affairs Law Review, 18 (2), 213–77 PART III THE POST-MODERN ERA 13. Edith Brown Weiss (1984), ‘The Planetary Trust: Conservation and Intergenerational Equity’, Ecology Law Quarterly, 11 (4), 495–581 14. Daniel Bodansky (1993), ‘The United Nations Framework Convention on Climate Change: A Commentary’, Yale Journal of International Law, 18, 451–558 15. Zygmunt J.B. Plater (1994), ‘From the Beginning, a Fundamental Shift of Paradigms: A Theory and Short History of Environmental Law’, Loyola of Los Angeles Law Review, 27, April, 981–1008 16. Kal Raustiala (1997), ‘The “Participatory Revolution” in International Environmental Law’, Harvard Environmental Law Review, 21, 537–86 17. Jonathan B. Wiener (2001), ‘Something Borrowed for Something Blue: Legal Transplants and the Evolution of Global Environmental Law’, Ecology Law Quarterly, 27 (4), 1295–371 18. Peter H. Sand (2011), ‘The Right to Know: Freedom of Environmental Information in Comparative and International Law’, Tulane Journal of International and Comparative Law, 20 (1), 203–32 Index

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Book SynopsisThis research review identifies several of the most important and influential journal articles and papers in the broad field of climate law. The editor discusses essential scholarship not just on the international law making process and on mitigation (emissions trading, taxes, the CDM, REDD+, etc.), but also on adaptation (in a wide variety of fields such as sea level rise, water, biodiversity, cities, agriculture etc.), liability, climate justice and human rights, and on climate engineering. Table of ContentsContents: Introduction Jonathan Verschuuren PART I INTRODUCING CLIMATE LAW 1. John C. Dernbach and Seema Kakade (2008), ‘Climate Change Law: An Introduction’, Energy Law Journal, 29 (1), 1¬–31 PART II THEORIES AND APPROACHES 2. Harro van Asselt, Francesco Sindico and Michael A. Mehling (2008), ‘Global Climate Change and the Fragmentation of International Law’, Law and Policy, 30 (4), October, 423–49 3. William Boyd (2010), ‘Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage’, University of Pennsylvania Journal of International Law, 32 (2), 457–550 4. Jacqueline Peel, Lee Godden and Rodney J. Keenan (2012), ‘Climate Change Law in an Era of Multi-Level Governance’, Transnational Environmental Law, 1 (2), October, 245–80 5. Joanne Scott (2011), ‘The Multi-Level Governance of Climate Change’, Carbon and Climate Law Review, 1, 25–33 6. Charlotte Streck (2012), Innovativeness and Paralysis in International Climate Policy’, Transnational Environmental Law, 1 (1), April, 137–52 7. Rowena Maguire (2013), ‘The Role of Common but Differentiated Responsibility in the 2020 Climate Regime’, Carbon and Climate Law Review, 4, 260–69 8. Meinhard Doelle (2010), ‘Early Experience with the Kyoto Compliance System: Possible Lessons for MEA Compliance System Design’, Climate Law, 1, 237–60 9. Darragh Conway (2010), ‘The United Nations Security Council and Climate Change: Challenges and Opportunities’, Climate Law, 1, 375–407 PART III CLIMATE CHANGE MITIGATION 10. Neil Gunningham (2012), ‘Confronting the Challenge of Energy Governance’, Transnational Environmental Law, 1 (1), April, 119–35 11. Javier de Cendra de Larragán (2010), ‘From the EU ETS to a Global Carbon Market: An Analysis and Suggestions for the Way Forward’, European Energy and Environmental Law Review, 19 (1), February, 2–17 12. Michael Mehling (2012), ‘Between Twilight and Renaissance: Changing Prospects for the Carbon Market’, Carbon and Climate Law Review, 4, 277–90 13. Stefan E. Weishaar and Edwin Woerdman (2012), ‘Auctioning EU ETS Allowances: An Assessment of Market Manipulation from the Perspective of Law and Economics’, Climate Change, 3 (3-4), 247–63 14. Marjan Peeters (2006), ‘Inspection and Market-based Regulation through Emissions Trading: The Striking Reliance on Self-monitoring, Self-reporting and Verification’, Utrecht Law Review, 2 (1), June, 177–95 15. Kirsten H. Engel (20006), ‘Mitigating Global Climate Change in the United States: A Regional Approach’, New York University Environmental Law Journal, 14, 54–85 16. Bo Kong and Carla Freeman (2013), ‘Making Sense of Carbon Market Development in China’, Carbon and Climate Law Review, 3, 194–212 17. Jonathan S. Masur and Eric A. Posner (2011), ‘Climate Regulation and the Limits of Cost-Benefit Analysis’, California Law Review, 99 (6), 1557–99 18. Reuven S. Avi-Yonah and David M. Uhlmann (2009), ‘Combating Global Climate Change: Why a Carbon Tax Is a Better Response to Global Warming Than Cap and Trade’, Stanford Environmental Law Journal, 28 (3), 3–50 19. Kateryna Holzer and Nashina Shariff (2012), ‘The Inclusion of Border Carbon Adjustments in Preferential Trade Agreements: Policy Implications’, Carbon and Climate Law Review, 3, 246–60 20. Cameron Hutchison (2006), ‘Does TRIPS Facilitate or Impede Climate Change Technology Transfer into Developing Countries?’, University of Ottawa Law and Technology Journal, 3 (2), 517–37 21. Rafael Leal-Arcas (2012), ‘Unilateral Trade-related Climate Change Measures’, Journal of World Investment and Trade, 13 (6), 875–927 22. Felix Ekardt, Bettina Hennig and Hartwig von Bredow (2011), ‘Land Use, Climate Change and Emissions Trading’, Carbon and Climate Law Review, 3, 371–83 23. Maosheng Duan (2011), ‘Reform of the Clean Development Mechanism: Where Should We Head For?’, Carbon and Climate Law Review, 2, 169–77 24. Nicola Durrant (2011), ‘Legal Issues in Carbon Farming: Biosequestration, Carbon Pricing, and Carbon Rights’, Climate Law, 2 (4), 515–33 25. Annecoos Wiersema (2014), ‘Climate Change, Forests, and International Law: REDD's Descent into Irrelevance’, Vanderbilt Journal of Transnational Law, 47 (1), January, 1–66 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I CLIMATE CHANGE ADAPTATION 1. J.B. Ruhl (2010), ‘Climate Change Adaptation and the Structural Transformation of Environmental Law’, Environmental Law Review, 40 (2), 363–431 2. Robin Kundis Craig (2010), ‘“Stationarity is Dead” - Long Live Transformation: Five Principles for Climate Change Adaptation Law’, Harvard Environmental Law Review, 34, 9–73 [65] 3. Edna Sussman, David C. Major, Rachel Deming, Pamela R. Esterman, Adeeb Fadil, Amy Fisher, Fred Fucci, Roberta Gordon, Caroline Harris, J. Kevin Healy, Cullen Howe, Kathy Robb and Jeff Smith (2010), ‘Climate Change Adaptation: Fostering Progress through Law and Regulation’, New York University Environmental Law Journal, 18, 55–155 4. Alexis Saba, Michela Biasutti, Michael B. Gerrard and David B. Lobell (2013), ‘Getting Ahead of the Curve: Supporting Adaptation to Long-term Climate Change and Short-term Climate Variability Alike’, Carbon and Climate Law Review, 1, 3–23 5. Peter P.J. Driessen and Helena F.M.W. van Rijswick (2011), ‘Normative Aspects of Climate Adaptation Policies’, Climate Law, 2 (4), 559–81 6. Britta Horstmann and Achala Chandani Abeysinghe (2011), ‘The Adaptation Fund of the Kyoto Protocol: A Model for Financing Adaptation to Climate Change?’, Climate Law, 2 (3), 415–37 7. Jonathan Verschuuren and Jan McDonald (2012), ‘Towards a Legal Framework for Coastal Adaptation: Assessing the First steps in Europe and Australia’, Transnational Environmental Law, 1 (2), October, 355–79 8. Gabriel Eckstein (2009), ‘Water Scarcity, Conflict, and Security in a Climate Change World: Challenges and Opportunities for International Law and Policy’, Wisconsin International Law Journal, 27 (3), 409–61 9. Heleen-Lydeke P. Mees and Peter P.J. Driessen (2011), ‘Adaptation to Climate Change in Urban Areas: Climate-Greening London, Rotterdam, and Toronto’, Climate Law, 2 (2), 251–80 10. Magali Dreyfus (2013), ‘Are Cities a Relevant Scale of Action to Tackle Climate Change?: Some Reflections to Inform the Debate on the Post-2020 Regime’, Carbon and Climate Law Review, 4, 283–92 11. Patricia E. Salkin (2009), ‘Sustainability and Land Use Planning: Greening State and Local Land Use Plans and Regulations to Address Climate Change Challenges and Preserve Resources for Future Generations’, William & Mary Environmental Law and Policy Review, 34 (1), 121–70 12. Arie Trouwborst (2011), ‘Conserving European Biodiversity in a Changing Climate: The Bern Convention, the European Union Birds and Habitats Directives and the Adaptation of Nature to Climate Change’, Review of European Community and International Environmental Law, 20 (1), 62–77 13. Carmen G. Gonzalez (2011), ‘Climate Change, Food Security, and Agrobiodiversity: Toward a Just, Resilient, and Sustainable Food System’, Fordham Environmental Law Review, XXII, 493–521 14. Robert W. Adler (2012), ‘Balancing Compassion and Risk in Climate Adaptation: U.S. Water, Drought and Agricultural Law’, Florida Law Review, 64 (1), 201–67 PART II CLIMATE JUSTICE 15. Rosemary Lyster (2013), ‘Towards a Global Justice Vision for Climate Law in a Time of “Unreason”’, Journal of Human Rights and the Environment, 4 (1), March, 32–57 16. Daniel Bodansky (2010), ‘Introduction: Climate Change and Human Rights: Unpacking the Issues’, Georgia Journal of International and Comparative Law, 38 (3), 511–24 17. Elizabeth Ann Kronk Warner and Randall S. Abate (2013), ‘International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples’, Revue Générale de Droit, 43, 113–50 18. Mariya Gromilova (2014), ‘Revisiting Planned Relocation as a Climate Change Adaptation Strategy: The Added Value of a Human Rights-Based Approach’, Utrecht Law Review, 10 (1), January, 76–95 PART III LIABILITY FOR CLIMATE CHANGE DAMAGE 19. Richard S.J. Tol and Roda Verheyen (2004), ‘State Responsibility and Compensation for Climate Change Damages—A Legal and Economic Assessment’, Energy Policy, 32 (9), June, 1109–30 20. Christina Voigt (2011), ‘State Responsibility for Climate Change Damages’, Nordic Journal of International Law, 77 (1-2), 1–22 21. Michael G. Faure and André Nollkaemper (2007), ‘International Liability as an Instrument to Prevent and Compensate for Climate Change’, Stanford Journal of International Law and Stanford Environmental Law Journal, Symposium: Climate Change Risk, 26A (1), June, 123–79 22. Jacqueline Peel (2011), ‘Issues in Climate Change Litigation’, Carbon and Climate Law Review, 1, 15–24 23. Brian J. Preston (2011), ‘Climate Change Litigation (Part 1)’, Carbon and Climate Law Review, 1, 3–14 24. Brian J. Preston (2011), ‘Climate Change Litigation (Part 2)’, Carbon and Climate Law Review, 1, 244–63 25. Christina Ross, Evan Mills and Sean B. Hecht (2007), ‘Limiting Liability in the Greenhouse: Insurance Risk-Management Strategies in the Context of Global Climate Change’, Stanford Environmental Law Journal: Symposium on Climate Change Risk, 26A, 251–334 26. Mark Byrne (2010), ‘Climate Crime: Can Responsibility for Climate Change Damage be Criminalised?’, Carbon and Climate Law Review, 3, 278–90 PART VII CLIMATE ENGINEERING 27. Jesse Reynolds (2011), ‘The Regulation of Climate Engineering’, Law, Innovation and Technology, 3 (1), 113–36 28. Tuomas Kuokkanen and Yulia Yamineva (2013), ‘Regulating Geoengineering in International Environmental Law’, Carbon and Climate Law Review, 3, 161–67 29. Jesse L. Reynolds and Floor Fleurke (2013), ‘Climate Engineering Research: A Precautionary Response to Climate Change?’, Carbon and Climate Law Review, 2, 101–7

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Book SynopsisThis extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.Analysing the key legal issues and questions raised by the impact of trade on the environment, the volume offers a thorough overview of the relationship between the World Trade Organization and the rules of environmental law, sustainability, and climate change. Each entry constitutes a nuanced and lucid introduction to the major cross-cutting topics in these dynamic fields, including examinations of national and regional approaches, WTO disputes, and the interface between trade, environment and areas such as human rights, investment and development.Featuring 107 entries divided into seven thematic parts, this volume is a landmark reference work which will prove invaluable to academics, students and researchers in international trade and environmental law, as well as public international law more broadly. It will also be a key resource for practitioners, policymakers and government officials working in any aspect of trade and environment.Trade Review‘Tensions between sustainability goals and the international trading system have been percolating for years – and are now boiling over. For those seeking to understand the legal framework, specific issues, and case decisions behind this clash, Trade and Environmental Law offers an invaluable resource. Panagiotis Delimatsis and Leonie Reins have brought together an extraordinary collection of scholars and other thought leaders who illuminate the critical issues with detailed exploration of the relevant GATT rules, WTO negotiating practices, dispute settlement procedures, and conceptual foundations for trade as well as the competing vision of sustainable development and the global commitments to action on climate change and other critical environmental matters. A “must have” reference for scholars, lawyers, students, business leaders, environmental advocates, and trade practitioners.’ -- Daniel Esty, Yale University, US

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Book SynopsisThis volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources.Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues.This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.Trade Review‘This encyclopedia is a landmark reference work that systematically and comprehensively discusses complex topics in the dynamic field of water law.’ -- Germarié Viljoen, South African Law Journal'This is a ''must have'' resource for anyone interested in water law, whether domestic, transnational, or international. Impressive in its scope, this volume covers everything from doctrinal nuance to the broad relationships between water law and global security, human rights, disaster response, and sustainability. The book both challenges and inspires the reader, and offers clear-eyed recommendations to empower water law to play a key role in institutionalizing cooperation and pre-empting conflict among nations of the earth.' -- Christine A. Klein, University of Florida Levin College of Law, US'This book, edited by two well-known experts in the field, is a very welcome addition to the Elgar Encyclopedia of Environmental Law series. It has lucidly written chapters on the relevant general international law as well as detailed chapters on regional and national water law regimes. It should be in the library of all who follow international water and environmental law.' -- Robbie Sabel, Hebrew University of Jerusalem, IsraelTable of ContentsContents: Foreword to the Encyclopedia xiv Jamie Benidickson and Yves Le Bouthillier Foreword to Volume X xv Michael Faure Introduction to Volume X 1 Joseph W Dellapenna and Joyeeta Gupta PART 1 PERVASIVE ISSUES X.1 The expanding boundaries of water law 9 Joyeeta Gupta and Joseph W Dellapenna X.2 A note on law in general and international law in particular 20 Joseph W Dellapenna X.3 Water governance and politics 33 Erick Velázquez Hernández, Dave Huitema and Jampel Dell’Angelo X.4 Water and security 44 Rhett B Larson X.5 The UN contribution to water law, environment, climate disruption, and the Sustainable Development Goals 55 Joyeeta Gupta and Hilmer J Bosch X.6 The water-energy nexus 72 Lee Godden X.7 Fundamental concepts of property in water and the role of markets in water governance 86 Joseph W Dellapenna X.8 Aquatic boundaries 104 Joseph W Dellapenna PART 2 INTERNATIONAL WATER LAW X.9 The continuing evolution of international water law 123 Owen McIntyre X.10 Groundwater in international law 142 Kirstin Conti and Joyeeta Gupta X.11 International litigation and arbitration over water disputes 156 Farnaz Shirani Bidabadi X.12 The human rights to water and sanitation 166 Daphina Misiedjan and Pedi Obani X.13 River basin organizations 177 David J Devlaeminck X.14 How international water law connects to environmental law and human rights 190 Ellen Hey and Alberto Quintavalla X.15 Advancing water law through rights of nature 203 Julia Talbot-Jones X.16 Sustainability and international water law 214 Otto Spijkers X.17 Providing for future generations 225 Lydia Slobodian PART 3 REGIONAL WATER LAW X.18 Europe 239 Marleen van Rijswick X.19 The Mekong River Basin 255 Susanne Schmeier X.20 Southern Africa 270 Michael Kidd X.21 Central Asia 283 Barbara Janusz-Pawletta PART 4 NATIONAL WATER LAW X.22 Water jurisdiction: on federalism, river basins, metropolises, and communities 301 Francine van den Brandeler and Filippo Maria Lancieri X.23 Changing ‘ownership’ in water law: comparative experiences in the developing world 315 Joyeeta Gupta and Hilmer J Bosch X.24 Groundwater law at the domestic level 329 Gabriela Cuadrado-Quesada and Joyeeta Gupta X.25 The Arab countries of the Middle East 341 Léna Salamé and Raya Marina Stephan X.26 Reforming legal frameworks for water management in Central Asia 354 Jenniver Sehring, Aminjon Abdulloev, Nataliya Chemayeva, Botir Ismailov, Nargiza Osmonova and Botagoz Sharipova X.27 China: water law in transition 367 Libin Zhang X.28 Brazil: evolution of water and sanitation law and challenges for inclusive services 377 Raquel dos Santos and Klaas Schwartz PART 5 WATER LAW AND BROADER ISSUES X.29 Water law and development 391 Philippe Cullet X.30 Legal frameworks and water services 402 Klaas Schwartz and Mireia Tutusaus X.31 Indigenous rights to water 413 Barbara Cosens X.32 Large-scale water infrastructure, territorial transformation and water rights dispossession 425 Rutgerd Boelens X.33 Water law and disaster: floods and droughts 438 Margot A Hurlbert X.34 Water and mining 451 Mirja Schoderer, Jampel Dell’Angelo and Dave Huitema X.35 Coastal zones 466 Ryan B Stoa PART 6 CONCLUSIONS X.36 Water law: its role, shortcomings, and potential 485 Joseph W Dellapenna and Joyeeta Gupta Index 499

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Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research.Contributors include: R. Bates, L. Chiussi, C. Contartese, M.E. Desmond, A. Dizdarevic, G.M. Farnelli, E. Fasoli, M. Fitzmaurice, S. Goldberg, E.J. Goodwin, S. Gruber, C. Ibe, F.R. Jacur, K. Kakkaiyadi, E.A. Kirk, J.V. Kohler, I. Krasnova, V. Lanovoy, M. Lewis, P. Merkouris, G.A. Oanta, A. Papantoniou, N. Popattanachai, A. Powers, T.H. Reis, F. Seatzu, F. Sindico, K. Steenmans, A. Tanzi, A. Trouwborst, M.S. Wong, M. Yzquierdo, F. ZahariaTrade Review'The contributing authors to this volume include several established leading academics in the field of environmental law alongside early career researchers. Given the diversity of authorship the research quality is consistently of high quality, which is a credit to the editors. The volume will be a useful first stop text for students, academics as well as practicing lawyers and others involved in environmental governance.'--Law Environment and Development JournalTable of ContentsContents: Foreword to the Encyclopedia by Jamie Benidickson and Yves Le Bouthillier Foreword to Volume by Michael Faure Introduction by Malgosia Fitzmaurice, Attila Tanzi and Angeliki Papantoniou PART 1 BIODIVERSITY Section A: Global Agreements 1. Convention On Biological Diversity 1992 Marine Yzquierdo 2. Bonn Convention On The Conservation Of Migratory Species Of Wild Animals 1979 (CMS) Melissa Lewis and Arie Trouwborst 3. Agreement on the Conservation of Small Cetaceans in the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS), the Agreement on the Conservation of Gorillas and their Habitats (Gorilla Agreement), and the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) Melissa Lewis and Arie Trouwborst 4. In UN Convention To Combat Desertification 1994 Katrien Steenmans i) Global Conventions, which are Relevant to the Protection of the Environment 5. Convention For The Protection Of The World Cultural And Natural Heritage 1972 Stefan Gruber 6. Convention On International Trade In Endangered Species Of Wild Fauna And Flora 1973 Azra Dizdarevic Section B: Regional Agreements 7. Central American Convention for the Protection of the Environment Francesco Seatzu Section C: Agreements Regulating the Protection of Particular Species or Habitats 8. International Convention For The Regulation Of Whaling 1946 Katrien Steenmans 9.Convention On Wetlands Of International Importance, Especially As Waterfowl Habitat) 1971 (Ramsar) Edward J. Goodwin Section D: Fisheries 10. Convention Concerning Fishing in the Black Sea 1959 Gabriela A. Oanta Section E: Protocols to Regional Agreements of Marine Environmental Protection 11. The Black Sea Biodiversity and Landscape Conservation Protocol to The Convention on The Protection Of The Black Sea Against Pollution 2002 Gabriela A. Oanta 12. Protocol Concerning Specially Protected Areas and Wildlife Protocol (SPAW) of Duplthe Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers PART 2 MARINE ENVIRONMENTAL PROTECTION Section A: Global Agreements 13. United Nations Convention On The Law Of The Sea 1982 Meagan S. Wong 14. International Convention For The Prevention Of Pollution From Ships MARPOL 2012 (and Annexes I, II,III,IV,V,VI) Gian Maria Farnelli 15. Convention On The Prevention Of Marine Pollution By Dumping Of Wastes And Other Matter 1972 And 1996 Protocol Gian Maria Farnelli and Attila Massimiliano Tanzi Section B: Regional Agreements B.1. Europe/Asia 16. OSPAR Convention 1992- Convention For The Protection Of The Marine Environment Of The North-East Atlantic (and Annexes I, II,III, IV) Meagan S. Wong 17. Convention For The Protection Of The Marine Environment Of The Baltic Sea 1992 (Helsinki) Gian Maria Farnelli 18. Convention For The Protection Of The Mediterranean Sea Against Pollution 1976 (Revised In Barcelona, Spain, On 10 June 1995 As The Convention For The Protection Of The Marine Environment And The Coastal Region Of The Mediterranean) Vladislav Lanovoy 19. Convention on the Protection of the Black Sea Against Pollution 1992 Elizabeth A. Kirk, Naporn Popattanachai and Chioma Ibe B.2. Caribbean Regions 20. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers 21. Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region Mary E. Desmond and Ann Powers 22. Protocol Concerning Pollution from Land-Based Sources and Activities (LBS Protocol) Mary E. Desmond and Ann Powers PART 3 SHARED FRESH WATER RESOURCES Section A: Global Agreements 23. Convention on the Law of the Non-navigational Uses of International Watercourses 1997 Ludovica Chiussi 24. Convention On The Protection And Use Of Transboundary Watercourses And International Lakes 1992 (The UNECE Helsinki Convention) Cristina Contartese Section B: Regional Agreements B.1 Europe 25. Agreements On The Protection Of The Rivers Meuse Scheldt 1994 Cristina Contartese 26. Convention On Cooperation For The Protection And Sustainable Use Of The Danube River (Danube River Protection Convention) 1994 Ludovica Chiussi and Felix Zaharia 27. Rotterdam Convention On The Protection Of The Rhine 1998 Cristina Contartese 28. Finnish-Russian agreement concerning frontier watercourses Irina Krasnova Section C: Groundwater 29. The Guarani Aquifer Agreement 2010 Francesco Sindico PART 4 ATMOSPHERE Section A: Global Agreements 30. Convention For The Protection Of The Ozone Layer 1985 (Vienna Convention for the Protection of the Ozone Layer) Francesca Romanin Jacur PART 5 HAZARDOUS WASTE Section A: Global Agreements 31. The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal 1989 Juliette Voinov Kohler 32. Rotterdam Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade 1998 Tarcísio Hardman Reis 33. Stockholm Convention On Persistent Organic Pollutants 2001 (UNECE) (POPs) Tarcísio Hardman Reis Section B: Regional Agreements 34. Bamako Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa (1994) Juliette Voinov Kohler PART 6 CLIMATE CHANGE 35. United Nations Framework Convention On Climate Change 1992 Panos Merkouris PART 7 PROCEDURAL OBLIGATIONS AND PROCEDURAL HUMAN RIGHTS 36. Espoo Convention On Environmental Impact Assessment In A Transboundary Context 1991 Angeliki Papantoniou 37. Aarhus Convention On Access To Information, Public Participation And Access To Justice In Environmental Matters 1998 Elena Fasoli PART 8 NATURAL RESOURCES Section A: Global Agreements 38. Energy Charter Treaty 1994 Silke Goldberg and Krishna Kakkaiyadi PART 9 ANTARCTIC/ARCTIC REGIONS Section A: Antarctic 39. The Antarctic Treaty 1959: Protocol on Environmental Protection to the Antarctic Treaty (1991) Rebecca Bates Index

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Book SynopsisFor some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how 'smart' enforcement networks have become, and indeed need to be, in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book's contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.'- Klaus Bosselmann, University of Auckland, New Zealand'This book is a fascinating and original study of a little known phenomenon of environmental enforcement networks. In 26 chapters of this volume the reader is presented with ample examples of environmental enforcement networks in the world. The editors of this book achieved a great success in presenting this question in almost all continents. The contributing authors of this book, theorists and practitioners, present an in-depth overview of the role of networks in compliance with environmental obligations. It is a very well-informed and honest book, from which a very complex picture of enforcement networks emerges. This volume is one of the most important and indispensable contributions to understanding the problem of the enforcement of environmental law in general.'- Malgosia Fitzmaurice, Queen Mary University of London, UKCompliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.Presenting a general theory of how and why networking can increase the effectiveness of environmental enforcement, expert contributors ascertain the potential benefits of environmental enforcement networks. Specific criteria and benchmarks are provided, indicating under which circumstances networking may increase the competency of environmental enforcement. The book explores theoretical and empirical discussions of the benefits of networks, offering a discerning assessment of enforcement networks' influence on environmental protection. It also examines issue based examples of networks, such as networks dealing with transboundary waste or wildlife. In addition to this, environmental enforcement in particular areas, such as the US, Europe, Australia or Africa, is considered. Academics in environmental law and policy will benefit from this thorough overview of an important phenomenon. In addition, practitioners and policy makers will appreciate the valuable insights presented.Contributors include: M. Angelov, B. Araba Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T. Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W. Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G. Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L. Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P. Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C. Pérez, G. Pink, H. Qin, H. Ruessink, Z. Sava an, A. Stas, G.M. Vagliasindi, E. Van Asch, J. Yang, D. ZaelkeTrade Review‘For some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how “smart” enforcement networks have become, and indeed need to be, in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book’s contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.’ -- Klaus Bosselmann, University of Auckland, New Zealand‘This book is a fascinating and original study of a little known phenomenon of environmental enforcement networks. In 26 chapters of this volume the reader is presented with ample examples of environmental enforcement networks in the world. The editors of this book achieved a great success in presenting this question in almost all continents. The contributing authors of this book, theorists and practitioners, present an in–depth overview of the role of networks in compliance with environmental obligations. It is a very well-informed and honest book, from which a very complex picture of enforcement networks emerges. This volume is one of the most important and indispensable contributions to understanding the problem of the enforcement of environmental law in general.’ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘This book describes and analyses the various ways in which networking can increase the effectiveness of environmental enforcement both nationally and internationally and the circumstances under which networks are most likely to be effective. In doing so it provides a valuable addition to the academic literature on the effectiveness of environmental enforcement, particularly where it provides multi-disciplinary and comparative perspectives.’ -- Neil Gunningham, Australian National University, AustraliaTable of ContentsContents: PART I GENERAL THEORY 1. Environmental Enforcement Networks: Theory, Practice and Potential Grant Pink 2. Better Regulation, Enforcement and Networking: Co-Dependency for the Global Environment Campbell Gemmell 3. Connecting Cultures: Towards Sustainable Networking: Key Success Factors for Environmental Cooperation Across Cultures Esther Janssen 4. The Role of Networks in Ensuring Compliance and Strengthening Coordination: A Comparative Analysis on INECE, ECENA, RENA and REC Turkey Zerrin Savaşan 5. Evaluating and Assessing Environmental Enforcement Networks: Through Use of the Network Evaluation Matrix Grant Pink and James Lehane PART II BENEFITS OF NETWORKS 6. Towards a Critical Analysis of Environmental Enforcement Networks James Lehane 7. Environmental Enforcement Networks: Their ‘Value Proposition’ During Times of Reducing Resources and Budgets Grant Pink 8. Environmental Regulation and Enforcement Networks Operating in Tandem: A Very Effective Vehicle for Driving Efficiencies and Facilitating Knowledge Exchange and Transfer Campbell Gemmell and Tony Circelli 9. Countering Transnational Organized Wildlife Crime: Regional and Sub-Regional Initiatives, Global Responses and the Need for More Effective Coordination Edward Van Asch 10. Can Supervision and Enforcement Networks Make Self-Regulation Work? Martin De Bree, Han De Haas and Paul Meerman Part III THEMATIC NETWORKS 11. The Lusaka Agreement Task Force as a Mechanism for Enforcement Against Wildlife Crime Emmanuel B. Kasimbazi 12. Huntington Geographic Enforcement/Compliance Initiative: A Case Study in Multi-Organisation Networking and Collaboration Eugène Lubieniecki 13. The European Union Forum of Judges for the Environment Luc Lavrysen 14. The Seaport Environmental Security Network: Facilitating International Enforcement Collaboration to Prevent Illegal Hazardous Waste Shipments Through Ports Danielle F. Grabiel, Robert George Heiss, Meradith Koparova, Deborah Kopsick and Henk Ruessink PART IV HORIZONTAL NETWORKS 15. North American Working Group on Environmental Enforcement and Compliance Cooperation: Moving from Capacity Building to Operational Activities Deborah Kopsick and Susan Elizabeth Bromm 16. Informal Environmental Networking: The EPA Network Example William Fawcett 17. Developing and Sustaining Environmental Compliance and Enforcement Networks: Lessons Learned from the International Network on Environmental Compliance and Enforcement Jo Gerardu, Meredith Koparova, Kenneth Markowitz, Durwood Zaelke and Gunnar Baldwin, Jr 18. Environmental Inspections and Environmental Compliance Assurance Networks in the Context of European Union Environment Policy Miroslav Angelov and Liam Cashman 19. Success and Failure Factors in Developing Effective Environmental Enforcement Networks: The Case of the East African Network for Environmental Compliance and Enforcement Gerphas Opondo PART V VERTICAL NETWORKS 20. Regional Environmental Enforcement Networks in the United States LeRoy Paddock 21. Ghana’s Efforts at Environmental Enforcement Networks; Legal and Institutional Structures Bernadette Araba Adjei and Larsey Mensah 22. Effective Networking, Formal versus Substantial Compliance, Conflicting Powers: Strength and Weakness of Environmental Criminal Provisions Enforcement Networks In Italy Grazia Maria Vagliasindi 23. Domestic Environmental Enforcement Networks: The Practice of China Xinyuan Lu, Hu Qin and Jun Yang 24. Environmental Enforcement Networking Efforts in Chile: Lessons Learnt and Challenges Ahead Juan Carlos Monckeberg, Kay Bergamini and Cristian Pérez 25. Enforcement of Environmental Legislation by the Belgian Police Frans Geysels 26. The Flemish High Council of Environmental Enforcement: The Role of an Environmental Enforcement Network in a New Coordinated Environmental Enforcement Landscape Within the Flemish Region, 2009-2014. Michael Faure and An Stas Concluding And Comparative Remarks Michael Faure, An Stas and Peter De Smedt Index

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Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime.This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs.Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragán, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. ZhangTrade ReviewFarber and Peeters have brought together a large group of renowned climate law scholars and produced this remarkably comprehensive book, which brings order to the overwhelming volume of legislation, private standard setting, judicial decisions, and legal scholarship on climate change. This book provides an incisive, solid and reliable basis for further legal research into any climate change related topic and is a 'must-read' for any scholar and student researching climate law. --Jonathan Verschuuren, Tilburg University, the NetherlandsConsistent with the concept of an encyclopedia, this work is a veritable treasure chest of information and perspectives on every conceivable aspect of climate law, encompassing also both developed and developing country contexts. The array of contributors is stunning, comprising a large proportion of the world's leading experts in climate law. This will be a standard point of reference for scholars and researchers henceforth. Truly a ''magnum opus'' - and a great credit to its co-editors, who have assembled and also contributed to it. --Rob Fowler, University of South Australia and Chair of IUCN Academy of Environmental Law, 2008-13Table of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume 1 Michael Faure Introduction to Volume 1 Daniel A. Farber and Marjan Peeters PART I GENERAL THEMES The Goals of Climate Policy 1. The Science of Climate Change: A Legal Perspective on the IPCC Duncan French and Benjamin Pontin 2. The Precautionary Principle and Climate Change Nicolas de Sadeleer 3. Setting the Social Cost of Carbon Michael A. Livermore 4. Human Rights and Climate Change: Building Synergies for a Common Future Sheila R. Foster and Paolo Galizzi Approaches to Addressing Climate Change 5. Climate Policy Instrument Choices David Benson and Andrew Jordan 6. Corporate Social Responsibility and Climate Change Steven Ferrey 7. Local Authorities and Climate Change Benjamin J. Richardson 8. Individual Behaviour, The Social Sciences and Climate Change Michael P. Vandenbergh and Benjamin K. Sovacool 9. Criminal Law and Climate Change Matthew Hall 10. Research and Scholarship on Climate Change Law in Developing Countries Xi Wang, Tang Tang, Kun Lu and Yan Zhang PART II INTERNATIONAL LAW PERSPECTIVE General Issues 11. The Climate as a Global Common Peter-Tobias Stoll 12. CBDR and Climate Change Tuula Honkonen 13. The Potential Roles of the ICJ in Climate Change-related Claims Christina Voigt 14. Unilateralism, Extraterritoriality and Climate Change Joanne Scott 15. Climate Engineering and International Law Jesse Reynolds 16. Carbon Capture and Storage as a Bridging Technology Navraj Singh Ghaleigh Treaties Related to Climate Change The UN Negotiation Process 17. The United Nations Framework Convention on Climate Change: A Framework Approach to Climate Change Lavanya Rajamani 18. The UNFCCC: Legal Scholarship in Four Key Areas Francesco Sindico 19. The Kyoto Protocol, With a Special Focus on the Flexible Mechanisms Javier de Cendra de Larragán 20. The Kyoto Protocol’s Compliance Mechanism Francesca Romanin Jacur 21. REDD+ as a Climate Change Mitigation Mechanism Heline Sivini Ferreira and Diogo Andreola Serraglio 22. International Treaty Fragmentation and Climate Change Cinnamon Carlarne Alternative International Approaches 23. ICAO and IMO: International Sectoral Approaches to Greenhouse Gas Reductions in Transport Kati Kulovesi and Joanna Dafoe 24. Interlinkages Between Climate Change, Ozone Depletion and Air Pollution: The International Legal Framework Harro van Asselt 25. The WTO and Climate Change Wybe Th Douma 26. Climate Change and International Investment Treaties Ximena Fuentes Torrijo PART III NATIONAL AND REGIONAL PERSPECTIVES ON REDUCING GREENHOUSE GASES General Issues 27. Polycentrism and Climate Change Hari M. Osofsky 28. Climate Change Federalism Kirsten H. Engel 29. Environmental Impact Assessments and Climate Change Jacqueline Peel 30. The Role of the National Courts in GHG Emissions Reductions Michael B. Gerrard and Meredith Wilensky Regional and National Mitigation Approaches Emissions Trading 31. Greenhouse Gas Emissions Trading in the EU Marjan Peeters 32. North American Greenhouse Gas Emission Trading Systems David Hodas and Patrick DeArmey 33. Emissions Trading in China Qin Tianbao and Zhang Meng Other Regulatory Approaches to Reduce Greenhouse Gases 34. Traditional Regulation’s Role in Greenhouse Gas Abatement David M. Driesen 35. Carbon Taxes Shi-Ling Hsu 36. Transportation as a Climate Wedge and Challenge under United States Law William W. Buzbee 37. Biofuel Arnold W. Reitze Jr 38. Renewable Energy: Support Mechanisms Thomas Schomerus 39. Renewable Energy: Public Acceptance and Citizens’ Financial Participation Birgitte Egelund Olsen 40. Energy Efficiency and Conservation John C. Dernbach Mitigation Strategies in Developing Countries 41. India’s Climate Change Mitigation Strategy Deepa Badrinarayana 42. Green Growth Policy in Korea Sang-Hyup Kim and Hong Sik Cho PART IV ADAPTATION Specific Impacts and Sectors 43. Integrated Water Law and Climate Change: An EU Perspective Marleen van Rijswick and Andrea Keessen 44. Water Availability and Allocation A. Dan Tarlock 45. Managing Ecosystem Effects in an Era of Rapid Climate Change Alejandro E. Camacho 46.Ocean Adaptation Robin Kundis Craig 47. Coastal Issues Margaret R. Caldwell and Molly Loughney Melius 48. Adaptation and the Energy Sector Rosemary Lyster and Manuel Peter Solis Cross-cutting Issues and Adaptation Techniques 49. Adaptation Justice Alice Kaswan 50. Loss and Damage in the UN Climate Regime Meinhard Doelle 51. Indigenous Peoples and Climate Change Sarah Krakoff 52. Human Mobility and Climate Change Katrina M. Wyman 53. Urban Planning and Climate Change Lisa Grow Sun and Brandon Curtis 54. Insurance Sean B. Hecht and Jesse Lueders 55. Disaster Law and Climate Change Robert R.M. Verchick PART V CONCLUSIONS 56. The Emergence of Global Climate Law Daniel A. Farber and Marjan Peeters Index

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Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners.Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. StaffordTrade Review'Effective environmental governance requires behaviour in compliance with environmental laws and policies. This book offers an important analysis of both incentivising and deterring compliance and enforcement tools. As such, it provides scholars, practitioners and policy-makers alike with a state-of-the-art toolbox to improve and strengthen environmental governance.' --Christina Voigt, University of Oslo, Norway'This compelling collection of essays provides a succinct yet comprehensive framework for the discussion of compliance and enforcement in environmental law. It serves in equal measure those looking for a general overview and those in need of a deeper dive.' --Durwood Zaelke, Institute for Governance & Sustainable Development and International Network for Environmental Compliance and Enforcement, USTable of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IV Michael Faure Introduction to Volume IV LeRoy C. Paddock, David L. Markell, and Robert L. Glicksman PART I Non-regulatory approaches to compliance 1. Voluntary self-policing and the US Audit Policy Sarah L. Stafford 2. Using management systems in public environmental supervision Martin de Bree and Han de Haas 3. The role of Environmental Management Systems Rachel E. Deming PART II Civil enforcement 4. Compliance, deterrence and beyond Neil Gunningham 5. Liability law and nuisance in the civil law tradition Marie-Eve Arbour 6. Common law tools to protect the environment Lynda Collins and Heather McLeod-Kilmurray 7. Enforcement strategies: inspection, targeting and escalation Cameron Holley and Darren Sinclair 8. Enforceable regulations Michelle T. Sanders and Pieter Asbeek-Brusse 9. Effective environmental monitoring and reporting Jon Silberman and David Hindin 10. Environmental civil penalties—an Australian perspective Brendan Grigg 11. Settlement of environmental enforcement disputes Joel A. Mintz 12. Procedures and standards for review of enforcement actions Robin L. Juni 13. Enforcement by local governments Helen H. Kang PART III Criminal Enforcement 14. Mental state Susan F. Mandiberg 15. Organizational liability for environmental crimes Jeffrey G. Miller 16. Towards intelligence-led environmental enforcement Heather McCready and Karina Barker PART IV Special Issues in Compliance and Enforcement 17. Quantitatively measuring deterrence: empirical tools for assessing the impact of environmental monitoring and enforcement actions Jay P. Shimshack 18. Environmental compliance and enforcement measurement: why, what, and how? Shelley H. Metzenbaum Index

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Book SynopsisThis collection of essays on green fiscal reform offers very rewarding readings for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country's rare earth dispute in WTO.'- Mikael Skou Andersen, Aarhus University, Denmark'This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.'- Stefan Ulrich Speck, European Environment Agency'Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.'- Nils Axel Braathen, OECD s Environment DirectorateAgainst a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skillfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future.The book combines perspectives from leading environmental taxation scholars on both the theory and impact of different policies. It covers topics such as theoretical assumptions of environmental taxes; the relationship between environmental taxes and trade; permit trading and price stability, as well as waste management and the political economy.With its global coverage, this topical book will appeal to policy makers in government as well as academics in environmental law programs, environmental economics programs and environmental sustainability programs.Contributors: Á.A. Alvaró, C. Brandimarte, B. Butcher, J. Cottrell, Y. He, S.-A. Joseph, T. Kawakatsu, C. Kettner, S. Kitagawa, D. Kletzan-Slamanig, A. Köppl, A. Lerch, X. Liu, J.E. Milne, M. Moinuddin, P. Pearce, A. Pirlot, S. Rudolph, T. Sasao, R.V. Shah, S. Suk, S.L. Tan, D.J. Thampapillai, M. Villar Ezcurra, S.E. Weishaar, T. Yano, Y. Zhao, X. Zhou,Trade Review‘The wide coverage and richness of content make this book a rewarding read, particularly for students interested in exposure to both unique features of specific countries and the common theoretical foundations in environmental studies. It demonstrates a strong capacity to usher readers into new frontiers and new instruments in climate policies, waste management and carbon taxes, among others. Given these merits, this book is a valuable addition to the existing literature.’ -- Xuhong Su, Science & Public Policy‘This collection of essays on green fiscal reform offers very rewarding reading for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country’s rare earth dispute in WTO.’ -- Mikael Skou Andersen, Aarhus University, Denmark‘This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.’ -- Stefan Ulrich Speck, European Environment Agency‘Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.’ -- Nils Axel Braathen, OECD’s Environment Directorate‘This book offers a good op-portunity for readers to gain an insight into global environmental taxation in a space that is not afraid to show that a tax is not always greener on the other side. The book’s ability to discuss both taxes that have worked and taxes that have not worked, as well as their alternatives, will surely prove to be useful on a practical level to policy makers who are looking at improving environmental taxation in their domestic jurisdictions. And, for environmental scholars who are looking for a starting point on environmental taxation, this book is a useful place of initial departure.’ -- Amy Lawton, Journal of Environmental LawTable of ContentsContents Foreword by Soocheol Lee Preface PART I THEORY Exploring Theoretical Assumptions 1. Environmental Taxes and Fees: Wrestling with Theory Janet E. Milne 2. Environmental Taxation for a Sustainable Future: Perspectives from Environmental Macroeconomics Seck L. Tan and Dodo J. Thampapillai 3. The Role of the Precautionary Principle in Designing Energy Taxes in Australia Prafula Pearce The Relationship between Environmental Taxation and Trade 4. Inherent Logic of EU Energy Taxes: Toward a Balance Between Market Protection and Environment Protection Álvaro Antón Antón and Marta Villar Ezcurra 5. WTO Open Trade Rules and Domestic Environmental Protection Policies: A Balancing Approach Bill Butcher 6. Addressing the Inequality Issue under Border Carbon Adjustment Xin Zhou, Takashi Yano and Mustafa Moinuddin 7. Toward Green Transfer Pricing: Including Environmental Parameters in Transfer Pricing Rules Alice Pirlot Permit Trading and Price Stability 8. The EU Emission Trading Scheme: Is There a Need for Price Stabilization? Claudia Kettner, Daniela Kletzan-Slamanig and Angela Köppl 9. Incentivising Technologic Change in Emissions Trading Systems: The Case of Excess Supply Stefan E. Weishaar Political Economy 10. The Political Economy of Subsidy Reform: Which Factors are Game-changers? Jacqueline Cottrell 11. Decision Making for Market-based Environmental Cost Allocation: The Case of Packaging Waste Policy in Germany Susumu Kitagawa PART II IMPACT Environmental Taxes 12. Environmental Taxes-definitional Analysis: Behavioural Change or Revenue Raising Sally-Ann Joseph 13. Abatement of Emissions for a Sustainable Future: Revisiting the Ccarbon Tax in China Yuhong Zhao 14. Effects and Issues of the 2010 Resource Tax Reform in Xinjiang Yanmin He 15. Macroeconomic Effects of Environmental Tax Subsidy Reform: An Evaluation for Italy Cristina Brandimarte Waste Management 16. Does Industrial Waste Taxation Contribute to Waste Reduction? Panel Data Analysis of the Generation and Final Disposal of Industrial Waste in Japan Toshiaki Sasao 17. Exploring the Need for Direct Tax Incentives for Plastic Waste Management in India Rajiv V. Shah Permit Trading 18. Regional Market Based Climate Policy in North America: Efficient, Effective, Fair? Sven Rudolph, Takeshi Kawakatsu and Achim Lerch 19. A Survey Analysis of Company Perspective to the GHG Emissions Trading Scheme in the Republic of Korea Sunhee Suk and Xianbing Liu Index

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Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals. This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.Contributors include: W.L. Andreen, J. Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S. Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H. Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L. Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S. Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker, B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C. Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick, M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. ZellmerTrade Review'The topic of ''Decision Making in Environmental Law'' encompasses a vast and complex milieu of regulation, legal principles, administrative procedures and discretion. The subject matter plays out in multiple legal dimensions, including legislation and common law, private and public law, and international, federal and domestic law. Paddock, Glicksman and Bryner have brought together a veritable ''Who's Who'' of leading environmental scholars to produce an excellent collection of chapters that bring order to, and provide incisive analysis of, the multi-dimensional legal landscape of modern environmental decision-making. This volume should be the first point of reference for scholars, students, members of the judiciary and regulators with an interest in the topic.' --David Grinlinton, The University of Auckland, New Zealand and Western University, CanadaTable of ContentsContents: Series Foreword by Jamie Benidickson and Yves Le Bouthillier, Introduction by Robert L. Glicksman and LeRoy C. Paddock 1. Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies Erin Daly and James R. May 2. International Law and Processes Carl Bruch and John Broderick 3. The Courts, Nuisance and Environmental Pollution—A matter of will? Karen Morrow 4. Federal Preemption and Displacement of Environmental Statutes and Common Law Claims Sandra Zellmer 5. The Intersection Between Environmental Law and Tort Law Maria Lee 6. The Public Trust Doctrine in Environmental Decision Making Mary Christina Wood and Gordon Levitt 7. Environmental Federalism: A View from the United States Kirsten H. Engel 8. Allocation of environmental lawmaking powers in Brazil Guilherme J. S. Leal 9. Environmental Decision Making of Local Governments Sean F. Nolon 10. Participation in environmental decision making in European Law Jessica Makowiak 11. Access to Information: International Perspective Eric A. DeGroff 12. Goal Setting in Environmental Decision Making John C. Dernbach 13. Regulatory Strategy Diversity in United States Environmental Law William W. Buzbee 14. Market-Based Control Strategies Victor B. Flatt 15. Decisions About Emissions Trading Design David M. Driesen 16. Information Mandates as Environmental Regulation Bradley C. Karkkainen 17. The Law of Environmental Planning Dave Owen 18. Motivating without Mandates? The Role of Voluntary Programs in Environmental Governance Cary Coglianese and Jennifer Nash 19. Private Environmental Governance Sarah E. Light and Michael P. Vandenbergh 20. Cost-Benefit Analysis Amy Sinden 21. The National Environmental Policy Act Daniel R. Mandelker 22. Climate Change and Environmental Impact Assessment Jessica Anne Wentz 23. Public Participation in Environmental Decision Making William Murray Tabb 24. Environmental Justice LeRoy C. Paddock 25. Environmental permits: origins and nature, and recent tendencies Geert Van Hoorick 26. Federalism, Delegated Permitting and Enforcement William L. Andreen 27. Internal Administrative Appeals of Governmental Decisions on the Environment Randolph L. Hill, Michelle A. Wenisch and Suzanne B. Krolikowski 28. Standing and Related Doctrines Bradford C. Mank 29. Judicial Review of Agency Statutory Interpretations in Environmental Law Heather Elliott 30. Judicial Review of Agency Environmental Decision Making Emily Hammond 31. Citizen Enforcement Karl S. Coplan 32. Public Intervenors and Public Funding in Environmental Decision Making Nicholas S. Bryner 33. Are International Courts the Best Adjudicators of Environmental Disputes? Itzchak E. Kornfeld 34. Environmental Courts and Tribunals George (Rock) Pring and Catherine (Kitty) Pring Index

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Book SynopsisThis insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance.A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance.This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. XiTrade Review'The effective implementation as distinct from the enforcement of environmental laws depends upon a range of discrete factors. These include institutional, cultural, social, economic, political as well as traditional legal influences and perspectives. This series of essays explains and analyses the theoretical underpinnings of the relationship between all of these factors and the methodology appropriate to determining in practice whether environmental laws are being implemented so that their objectives are being achieved. This involves a review of the growing theoretical literature and a discussion of a significant number of examples, international, regional, national and local, which assess the extent of effective implementation of the relevant legal rules. The strength of these essays is two fold: the depth of the theoretical discourse and the breadth of the indicative practical examples. These essays will add considerable grist to the intellectual mill of those interested in the perception of environmental governance as an emerging global system.' --Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: Introduction: A Jurisprudence of Environmental Governance? Paul Martin and Amanda Kennedy 1. Accelerating the Evolution of Environmental Law through Continuous Learning from Applied Experience Paul Martin and Donna Craig 2. Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model Wang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3. Putting the Train of Environmental Protection on Track: Nova Scotia's Experiment in Using Legislation to Strengthen Environmental Law Meinhard Doelle and William Lahey 4. Has Environmental Impact Assessment (EIA) Lost Credibility? Recent Concerns from Australia and Canada Wayne Gumley 5. Contamination and the Polluter Pays Principle Emma Lees 6. Possible Legal Obligations to Consult Tanya Howard and Solange Teles Da Silva 7. Implementing International Water Agreements Alistair Rieu-Clarke and Josefin Gooch 8. Fouling Adam's Eden: A Legal Analysis of the Collective Action Challenge in Lake Victoria Omondi Robert Owino 9. Marine Protection Treaties in Antarctic Waters: Fragmentation or Coordination in International Treaty Implementation Gregory Rose 10. The Effectiveness of Instrument Mixes in Environmental Law: Insights from Ship-source Pollution Javier de Cendra 11. Implementing Environmental Law and Collaborative Governance Cameron Holley and Andrew Lawson 12. Private Environmental Enforcement: Using Supply Chain Requirements to Achieve Better Environmental Outcomes LeRoy Paddock and Molly Masterton 13. Hybrid Governance and ‘Wicked’ Natural Resource Risks Paul Martin and Peter Noble 14. Regulators Networks: Collaborative Agency Approaches to the Implementation and Enforcement of Environmental Law Grant Pink and Robyn Bartel Index

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Book SynopsisIt is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law.Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.Trade Review‘This Research Collection by Ludwig Krämer fills a gap in the legal research related to the enforcement of environmental law. It provides a well reasoned and comprehensive collection of the existing literature on this topic, analysed from different perspectives (international, European and national) as well as covering different aspects, ranging from methodological to substantive issues. The book represents an indispensable reference point for all scholars interested in understanding the most relevant aspects and the most important lessons to be learnt related to the enforcement of environmental law.’ -- Massimiliano Montini, University of Siena, ItalyTable of ContentsContents: Introduction Ludwig Krämer PART I STRATEGIES, PHILISOPHY, GENERAL QUESTIONS 1. Cheryl E. Wasserman (1990), ‘An Overview of Compliance and Enforcement in the United States: Philosophy, Strategies and Management Tools’, International Enforcement Workshop, May 8–10, 1990: Proceedings, Chapter I, Volume I, Utrecht, the Netherlands: Ministry of Housing, Physical Planning and Environment, and Washington, DC, USA: United States Environmental Protection Agency, 7–45 2. Gertrude Lübbe-Wolff (2001), ‘Efficient Environmental Legislation - On Different Philosophies of Pollution Control in Europe’, Journal of Environmental Law, 13 (1), 79–87 3. Richard Macrory (2013), ‘Sanctions and Safeguards: The Brave New World of Regulatory Enforcement’, Current Legal Problems, 66 (1), 233–66 4. Marcia E. Mulkey (2004), ‘Judges and Other Lawmakers: Critical Contributions to Environmental Law Enforcement’, Sustainable Development Law and Policy, IV (1), Spring, 2–16 5. Lesley K. McAllister, Benjamin van Rooij and Robert A. Kagan (2010), ‘Reorienting Regulation: Pollution Enforcement in Industrializing Countries’, Law and Policy, 32 (1), January, 1–13 PART II ENFORCEMENT AND PUBLIC AUTHORITIES 6. David M. Konisky (2007), ‘Regulatory Competition and Environmental Enforcement: Is There a Race to the Bottom?’, American Journal of Political Science, 51 (4), October, 853–72 7. Reiner-Jörg Hüper (2004), ‘Application of Criminal Environmental Law in Germany’, in Françoise Comte and Ludwig Krämer (eds), Environmental Crime in Europe: Rules of Sanctions, Chapter 14, Groningen, Germany: Europa Law Publishing, 149, 151–58 8. K.J. de Graaf and J.H. Jans (2007), ‘Colloquium Article: Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards’, Pace Environmental Law Review, 24 (2), Summer, 377–98 9. United States Environmental Protection Agency (2011), ‘EPA Must Improve Oversight of State Enforcement’, Report No. 12-P-0113, December 9, 2011, Chapter 2, Washington, DC, USA: United States Environmental Protection Agency, 6–24 10. Eugene Mazur (2011), ‘Environmental Enforcement in Decentralised Governance Systems: Toward a Nationwide Level Playing Field’, OECD Environment Working Papers No.34, Paris, France: OECD Publishing, i, 9–40 PART III ENFORCEMENT OF INTERNATIONAL AGREEMENTS 11. Jutta Brunnée (2005), ‘Enforcement Mechanisms in International Law and International Environmental Law’, elni Review, 1, 1–12 12. Michael Bothe (1996), ‘The Evaluation of Enforcement Mechanisms in International Environmental Law: An Overview’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 13–38 13. Winfried Lang (1996), ‘Trade Restrictions as a Means of Enforcing Compliance with International Environmental Law: Montreal Protocol on Substances that Deplete the Ozone Layer’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 265–83 14. Alexandra González-Calatayud and Gabrielle Marceau (2002), ‘The Relationship between the Dispute-Settlement Mechanisms of MEAs and those of the WTO’, Review of European Community and International Environmental Law, 11 (3), November, 275–86 15. Gebhard Kirchgässner and Ernst Mohr (1996), ‘Trade Restrictions as Viable Means of Enforcing Compliance with International Environmental Law: An Economic Assessment’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 199–226 16. Veit Koester (2007), ‘The Compliance Committee of the Aarhus Convention: An Overview of Procedures and Jurisprudence’, Environmental Policy and Law, 37 (2–3), 83–96 17. Jonas Ebbesson (2007), ‘Implementing and Enforcing the Baltic Sea Convention Through European Community Law’, in Martin Führ, Rainer Wahl and Peter von Wilmowsky (eds), Umweltrecht und Umweltwissenschaft: Festschrift für Eckard Rehbinder, Berlin, Germany: Erich Schmidt Verlag, 693–704 18. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European Community and International Environmental Law, 22 (3), November, 251–63 PART IV ENFORCING EU ENVIRONMENTAL LAW 19. Koen Lenaerts and José A. Gutiérrez-Fons (2011), ‘The General System of EU Environmental Law Enforcement’, Yearbook of European Law, 30 (1), 3–41 20. Ken Collins and David Earnshaw (1992), ‘The Implementation and Enforcement of European Community Environment Legislation’, Environmental Politics, Special Issue: A Green Dimension for the European Community: Political Issues and Processes, 1 (4), November, 213–49 21. Liam Cashman (2006), ‘Commission Compliance Promotion and Enforcement in the Field of the Environment’, Journal for European Environmental and Planning Law, 3 (5), 385–94 22. Brian Jack (2011), ‘Enforcing Member State Compliance with EU Environmental Law: A Critical Evaluation of the Use of Financial Penalties’, Journal of Environmental Law, 23 (1), March, 73–95 23. Martin Hedemann-Robinson (2012), ‘EU Enforcement of International Environmental Agreements: The Role of the European Commission’, European Energy and Environmental Law Review, 21 (1), February, 2–30 24. Suzanne Kingston (2013), ‘Mind the Gap: Difficulties in Enforcement and the Continuing Unfulfilled Promise of EU Environmental Law’, in European Perspectives on Environmental Law and Governance, Chapter 7, Abingdon, UK and New York, NY, USA: Routledge, 147–76 PART V ENFORCEMENT BY CIVIL SOCIETY 25. Jan Darpö (2013), ‘Effective Justice? Synthesis Report of the Study on the Implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union’, in Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina (eds), National Courts and EU Environmental Law, Chapter 8, Groningen, the Netherlands: Europa Law Publishing, 167, 169–212 26. Jan H. Jans and Albert T. Marseille (2010), ‘The Role of NGOs in Environmental Litigation against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands’, Journal of Environmental Law, 22 (3), 373–90 27. Jennifer Cassel (2007), ‘Enforcing Environmental Human Rights: Selected Strategies of US NGOs’, Northwestern Journal of International Human Rights, 6 (1), Fall, 104–27 28. Ludwig Krämer (2014), ‘EU Enforcement of Environmental Laws: From Great Principles to Daily Practice – Improving Citizen Involvement’, Environmental Policy and Law, 44 (1–2), 247–56 29. Christian Schall (2008), ‘Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?’, Journal of Environmental Law, 20 (3), 417–53 PART VI SPECIFIC COUNTRIES 30. Joel A. Mintz (2013), ‘Assessing National Environmental Enforcement: Some Lessons from the United States' Experience’, Georgetown International Environmental Law Review, 26 (1), Fall, 1–12 31. Christopher N. Behre (2003), ‘Mexican Environmental Law: Enforcement and Public Participation Since the Signing of NAFTA’s Environmental Cooperation Agreement’, Journal of Transnational Law and Policy, 12 (2), Spring, 327–43 32. Carlos Wing-Hung Lo, Gerald E. Fryxell, Benjamin van Rooij, Wei Wang and Pansy Honying Li (2012), ‘Explaining the Enforcement Gap in China: Local Government Support and Internal Agency Obstacles as Predictors of Enforcement Actions in Guangzhou’, Journal of Environmental Management, 111, November, 227–35 33. Benjamin van Rooij and Carlos Wing-Hung Lo (2010), ‘Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law’, Law and Policy, 32 (1), January, 14–37 34. Liam Cashman (2013), ‘Commission Enforcement of EU Environmental Legislation in Ireland: A 20-Year Retrospective’, in Suzanne Kingston (ed.), European Perspectives on Environmental Law and Governance, Chapter 8, Abingdon, UK and New York, NY, USA: Routledge, 177–96 35. Michael G. Faure and Katarina Svatikova (2010), ‘Enforcement of Environmental Law in the Flemish Region’, European Energy and Environmental Law Review, 19 (2), April, 60–79 PART VII SPECIFIC INSTRUMENTS 36. Victor B. Flatt and Paul M. Collins Jr. (2011), ‘Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free’, Environmental Law Reporter, 41 (8), 10679–85 37. Michael Bothe (2006), ‘Ensuring Compliance with Multilateral Environmental Agreements – Systems Of Inspection and External Monitoring’, in Ulrich Beyerlin, Peter-Tobias Stoll and Rüdiger Wolfrum (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue Between Practitioners and Academia, Leiden, the Netherlands and Boston, MA: Koninklijke Brill NV, 247–58 38. Wayne B. Gray and Jay P. Shimshack (2011), ‘The Effectiveness of Environmental Monitoring and Enforcement: A Review of the Empirical Evidence’, Review of Environmental Economics and Policy, 5 (1), Winter, 3–24 39. Marjan Peeters (2006), ‘Enforcement of EU Greenhouse Gas Emissions Trading Scheme’, in Marjan Peeters and Kurt Deketelaere (eds), EU Climate Change Policy: The Challenge of New Regulatory Initiatives, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing Ltd, 169–87 40. Michael Watson (2006), ‘The Use of Criminal and Civil Penalties to Protect the Environment: A Comparative Study’, European Environmental Law Review, 15 (4), April, 108–13 Index

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Book SynopsisGovernments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation.As well as taking stock of the current and proposed legal instruments, the book looks at the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. With perspectives from academia, government and private practice, the expert contributors analyse key sectors such as energy, transport, buildings, industry, land use and waste. Important issues such as carbon trading, financing and litigation are also addressed. The book demonstrates the variety of approaches taken and their challenges with a view of fostering more effective and pragmatic ways of managing climate change mitigation.This timely book will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed.Contributors: M. Alessi, J. Allmon, H. Van Asselt, D. Belis, L. Berzanskis, S. Bogojevic, D. Conway, C. Egenhofer, J.B. Eisen, B. Evans, N. Fujiwara, M.B. Gerrard, K. Hussey, M. Iguchi, S. Kakade, C.K. Siebert, E. Knight, A. Korppoo, J. Li, J. Lin, H. Masondo, M. Mehling, K. Hannon Michel, A. Monroe, H. Nakamura, J. Núñez Ferrer, A.S. Olesen, U. Outka, S.-L. Penttinen, F. Rambau, L. Reins, L. Ristino, A. Rohatgi, R. Seroa da Motta, I. Skinner, N. Srivastava, K. Talus, T.S.A. Loi, C.Tung, K. Upston-Hooper, G. Van Calster, W. Vandenberghe, S. Wattiaux, P. Wehrheim, J. Wettestad, A. Yamamoto, E. Yliheljo, N. Bin ZahurTrade Review‘Van Calster, Vandenberghe and Reins have led an impressive group of specialists from around the world to deliver the definitive book on climate change mitigation. Mitigation law for all sectors (energy, industry, transport, buildings, waste, land use, forestry), as well as all relevant mitigation instruments (carbon trading, finance, litigation) are discussed in great detail and with an eye on all relevant countries and regions in the world, such as the EU, the United States, China and the other BRICS countries. This book is a valuable source of information on mitigation law and will be the starting point for any future research and decision-making on climate change mitigation.’ -- Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: Editorial Introduction G. Van Calster, W. Vandenberghe and L. Reins 1. The Changing Architecture of International Climate Change Law Harro Van Asselt, Michael Mehling and Clarisse Kehler Siebert PART I ENERGY 2. Development of the Sustainability Aspects of EU Energy Policy Sirja-Leena Penttinen and Kim Talus 3. Greenhouse Gas Mitigation Measures in the US Electric Power Industry Joel B. Eisen 4. Reflections on the Chinese Carbon Market Christopher Tung PART II TRANSPORT 5. The Mitigation of Transport’s CO2 Emissions in the EU: Policy Successes and Challenges Ian Skinner 6. Climate Change Mitigation in the Transportation Sector in the United States Laurel Berzanskis 7. Climate Transport Policy and Law in the Asia-Pacific Region Masahiko Iguchi and Hiroki Nakamura PART III BUILDINGS 8. How do the European Union and the Private Sector Pave the Way to More Sustainable Buildings? Sophie Wattiaux 9. Energy Efficiency of Buildings in the United States Albert Monroe 10. Climate Change and Buildings – An Asia-Pacific Primer Abhishek Rohatgi, Tian Sheng Allan Loi and Nahim Bin Zahur PART IV INDUSTRY 11. Impacts of EU Climate and Energy Policies on Industry Monica Alessi, Christian Egenhofer and Jorge Núñez Ferrer 12. An Overview of Climate Change Mitigation in the Industrial Sector of the United States Seema Kakade 13. How can the Asian Industry Contribute to Climate Change Mitigation Action? Noriko Fujiwara PART V LAND USE, LAND USE CHANGE AND FORESTRY 14. Land Use, Land Use Change and Forestry - How to Enter the Climate Impact of Managing Biospheres and Wood into the EU's Greenhouse Gas Accounting Peter Wehrheim and Asger Strange Olesen 15. Legal Regimes for Land Use, Land Use Change, and Forestry in the United States Uma Outka 16. Land Use, Land Use Change and Forestry: Asia-Pacific Bradley Evans PART VI WASTE MANAGEMENT 17. Waste Management in the EU Geert Van Calster 18. Challenges for Controlling GHG Emissions from U.S. Solid Waste Management - A Summary of Federal and Exemplary US State Efforts Jeffrey Allmon 19. Climate Mitigation and Waste Management in the Asia Pacific Karen Hussey PART VII CARBON TRADING 20. Blazing Trail or Flickering Flame? Market Mechanisms under the UNFCCC Darragh Conway 21. The EU Emissions Trading System: Frontrunner In Trouble Jørgen Wettestad 22. Carbon Trading in the United States Laurie Ristino and Katherine Hannon Michel 23. Market Design and Maturity in the Asia Pacific Eric Knight PART VIII CLIMATE FINANCE 24. Climate Finance in the European Union: Domestic and International Challenges David Belis 25. Towards Climate Compatible Development in Asia and Beyond - the Role of Official Development Assistance Aiichiro Yamamoto PART IX CLIMATE CHANGE LITIGATION 26. EU Climate Change Litigation: All Quiet on the Luxembourgian Front? Sanja Bogojević 27. Climate Change Litigation in the United States Michael B. Gerrard 28. Climate Change Litigation in Asia and the Pacific Jolene Lin PART X CLIMATE CHANGE MITIGATION IN THE BRICS COUNTRIES 29. Current Status of Mitigation Policies in Brazil Ronaldo Seroa da Motta 30. Climate Change Mitigation in Russia: Foreign Policy, Environmental Action or Simple Economics? Anna Korppoo, Karl Upston-Hooper and Emilie Yliheljo 31. Climate Change Mitigation in India Nidhi Srivastava 32. China’s Transition to Low Carbon Society : Drivers and Implementation Strategies Jun Li 33. Climate Change Mitigation in South Africa Happy Masondo, Faith Rambau Index

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Book SynopsisVaughan's perceptive analysis of EU chemicals regulation vividly portrays new governance as an intricate world of 'hybrid' governance. It is a world in which a range of legislative and non-legislative texts and tools encounter one another in normative frameworks that are rather more fluid than fixed. Not only do we learn a great deal about EU chemicals regulation, our understanding of the complex legal character of new governance in the EU is greatly enriched.'- Kenneth Armstrong, University of Cambridge, UK'This fascinating and original monograph examines the EU's innovative regime for the regulation of chemicals. It will be of great interest to lawyers and political scientists who are interested in chemicals regulation, but also crucially to those who are not. The volume uses chemicals regulation as a case study to shed light upon broader debates in EU law and governance, including the role played by 'soft law' instruments in EU law and the pressing accountability issues to which this gives rise.'- Joanne Scott, University College London, UK'Steven Vaughan's book on the EU's REACH regime is a splendid case study in new governance. It has been said that 'there is nothing more practical than a good theory.' Producing a good, practical theory, however, requires not just strong academic skills, but also practical experience. Vaughan brings both to the task of analyzing how 'new governance' plays out in the area of chemical regulation. His insightful analysis demonstrates that much highbrow academic theory on REACH and new governance is inaccurate.'- Lucas Bergkamp, Partner, Hunton & Williams, BrusselsThis perceptive book provides an exploratory, explanatory and normative account of the EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and its regulator, the European Chemicals Agency (ECHA).With more than one million words of official ECHA guidance to accompany and underpin the 516 pages of REACH, comprehension of these cooperative regimes is often confounded. Through rigorous analysis of REACH and ECHA's guidance, this book offers a critical insight into hybrid new governance, the situation whereby hard law is conjoined with soft law. Steven Vaughan uses his practical and academic expertise in environmental law to present an accessible and multidimensional account of the core elements of REACH and its associated guidance. The overarching discussion challenges existing assumptions about new governance to establish a basis for academic commentaries on EU chemicals regulation and hybridity in law and governance.Acute and discerning, this book will act as a useful reference tool for environmental and public law scholars and students interested in EU chemicals regulation, new governance and hybridity. Legal practitioners and policy makers alike will find value in the acumen into REACH for both advisory remarks and areas of potential reform.Trade ReviewVaughan's perceptive analysis of EU chemicals regulation vividly portrays new governance as an intricate world of "hybrid" governance. It is a world in which a range of legislative and non-legislative texts and tools encounter one another in normative frameworks that are rather more fluid than fixed. Not only do we learn a great deal about EU chemicals regulation, our understanding of the complex legal character of new governance in the EU is greatly enriched.'--Kenneth Armstrong, University of Cambridge, UK'This fascinating and original monograph examines the EU's innovative regime for the regulation of chemicals. It will be of great interest to lawyers and political scientists who are interested in chemicals regulation, but also crucially to those who are not. The volume uses chemicals regulation as a case study to shed light upon broader debates in EU law and governance, including the role played by "soft law" instruments in EU law and the pressing accountability issues to which this gives rise.'--Joanne Scott, University College London, UK'Steven Vaughan's book on the EU's REACH regime is a splendid case study in new governance. It has been said that "there is nothing more practical than a good theory." Producing a good, practical theory, however, requires not just strong academic skills, but also practical experience. Vaughan brings both to the task of analyzing how "new governance" plays out in the area of chemical regulation. His insightful analysis demonstrates that much highbrow academic theory on REACH and new governance is inaccurate.'--Lucas Bergkamp, Partner, Hunton & Williams, BrusselsTable of ContentsContents: 1: Introduction 2. Chemicals and Chemicals Regulation 3. REACH – An Overview of the Regulation 4. The European Chemicals Agency and ECHA Guidance 5. Information Creation and Substance Information Exchange Fora 6. Registration, Evaluation and the Wider Role of Information Under REACH 7. Substance Bans Under REACH 8. The Enforcement of REACH 9. REACH and Differentiated Soft Norms 10. Final Thoughts Appendix 1: The Road To REACH – Timeline Index

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Book Synopsisaa magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.'- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentIn the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between 'humanity', law and the living order. This timely book intelligently combines theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful - and at times provocative - engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis.Leading scholars in the field discuss, in four parts, Philosophical Investigations, Reconfiguring the Legal, Activism and Praxis, and Multi-level Reformulations, to offer imaginative intellectual engagements with a range of challenges vexing the human-environmental-legal 'interface'.Scholars and students of human rights and environmental law and practitioners in the field alike will find the book to be a timely and thoughtful engagement with urgent human dilemmas.Contributors: D. Bollier, L. Code, S. Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A. Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. WestonTrade Review‘. . . a magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.’ -- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentTable of ContentsContents: Introduction: Thought, Law, Rights and Action in an Age of Environmental Crisis – In Search of Better Future Histories Anna Grear and Evadne Grant PART I PHILOSOPHICAL INVESTIGATIONS 1. Doubt and Denial: Epistemic Responsibility Meets Climate Change Scepticism Lorraine Code 2. Actors or Spectators? Vulnerability and Critical Environmental Law Andreas Philippopoulos-Mihalopoulos 3. Reflections on the Relationship between Environmental Regulation, Human rights and Beyond – with Heidegger Margherita Pieraccini 4. Radicalism and Conservativism in Environmental Law Sean Coyle PART II RECONFIGURING THE LEGAL 5. Human Rights and Environmental Protection in India: The Judicial Journey from Public Interest Litigation to the National Green Tribunal Gitanjali N. Gill 6. Reimagining Adjudication: Human Rights Courts and the Environment Evadne Grant PART III ACTIVISM AND PRAXIS 7. Human Rights Practice: A Means to Environmental Ends? Kate Donald 8. Schopenhaur's Mitleid: Environmental Outrage and Human Rights Tom Kerns PART IV MULTI-LEVEL REFORMULATIONS 9. Reimagining Ecological Governance Through Human Rights and a Rediscovery of the Commons David Bollier and Burns H. Weston 10. Towards New Legal Futures? In Search of Renewing Foundations Anna Grear Index

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Book SynopsisSignificant growth in economic activity in the Arctic has added weight to the argument that projects must be developed responsibly and sustainably. Addressing growing concerns regarding the exploitation of the Arctic's natural resources, this timely book presents and evaluates examples of best practice in Arctic environmental impact assessment.Timo Koivurova and Pamela Lesser succinctly synthesise primary data gathered from interviews with local communities, indigenous peoples, NGOs, government officials and businesses in Finland, Sweden, Norway, Greenland, Iceland, Canada, Russia and the USA. Considering all stakeholder perspectives, they present the regulatory processes of all eight Arctic countries, and also provide helpful flowcharts that depict the process graphically for each country. Measuring these practices against the 1997 Guidelines for Environmental Impact Assessment in the Arctic, the only Arctic environmental impact assessment guidance document that has been officially approved by the ministers of all eight Arctic countries, this book identifies key areas where adherence to best practice is high, such as stakeholder outreach and development, as well as those areas that fall short. Thorough and accessible, Environmental Impact Assessment in the Arctic will provide an excellent reference for academics in the fields of law and environmental studies as well as for government officials and stakeholders who stand to benefit from best practice.Trade Review'Anyone interested in what makes environmental impact assessment (EIA) work, in any legal system, should own this book and refer to it often. The authors of this scholarly, practical and engaging study keenly observe the political, legal and cultural influences that explain the surprising national differences in the effectiveness of EIA around the Arctic. Their careful and systematic analysis of each country's system is prefaced by an insightful discussion of the literature and theory behind best practices. Each chapter is concise yet complete and documented by a well-chosen bibliography. The interviews with selected expert EIA practitioners add critical first-hand understanding of what helps and what hinders policies, laws and regulations being translated into an effective and transparent EIA process.' --Betsy Baker, University of Alaska-Fairbanks'This detailed description of environmental impact assessment practices around the Arctic offers much for experts to study, accompanied by insightful commentary that will inform specialists and generalists alike. By focusing on the practice of EIA, the authors emphasize the strengths of what is already being done, in addition to pointing out shortcomings in current approaches. This timely book should be read by anyone seeking to harness the power of EIA to promote socially and environmentally responsible development.' --Henry P. Huntington, Arctic Scientist, Alaska'Grounded in best practice empirical research informed by solid theoretical underpinnings, Koivurova and Lesser's book is an extremely welcome contribution to the literature. Focused on practical outcomes from the application of environmental impact assessment (EIA) in the Arctic, project proponents, scholars and others will benefit enormously from the experiences outlined; not only for the circumpolar north, but also in other places where EIA is the main environmental policy instrument to address the negative consequences of, typically, energy-related development.' --Simon Marsden, Flinders University, AustraliaTable of ContentsContents: Preface Introduction: Arctic Transformation and its Consequences for Environmental Impact Assessment 1. Environmental Impact Assessment: Introduction to a Policy Instrument Manifesting Sustainable Development 2. EIA in the Arctic 3. Theoretical Discussion of Best Practice Research 4. Approach and Methodology 5. Finland, 6. Sweden, 7. Norway, 8. Iceland, 9. Canada, 10. USA, 11. Greenland 12. Russia 13. Synthesis 14. Transboundary EIA 15. Conclusions Index

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Book SynopsisThis timely Handbook brings together a collection of innovative interdisciplinary approaches to explore the use of research methods in environmental law. With chapters on topics ranging from sustainability, climate change and activism to education, actor-network theory and non-human ontologies, this Handbook provides a theoretically informed analysis of methodological approaches to this important field. Taking into consideration issues such as non-human agency, the Anthropocene, and spatial and material turns in law this book builds on key concepts in the subject. The book also considers how environmental law must adapt to the new and urgent needs of a variety of bodies, both human and non-human, that require its protection. It argues that traditional ways of conceiving environmental law, and of accounting for problems brought about through anthropocentric means, have led to the reinstatement of the problem of environmental degradation without imagining different avenues to resolve it. This Handbook is a key addition to the existing literature and provides an invaluable contribution to practical critique and to the reimagining of environmental law. It will be a crucial compendium for graduate students and researchers in the field of environmental law wishing to explore critical approaches.Contributors include: R. Bartel, I. Braverman, V. Brooks, P. Burdon, E. Cloatre, L. Finchett-Maddock, J. Gillespie, A. Grear, J. Holder, A. Kotsakis, L. Kotze, B. Lange, D. Mandic, J. Martel, D. McGillivray, K. Morrow, E. Mussawir, U. Natarajan, M. Nikolic, Y. Otomo, J. Paterson, A. Pavoni, A. Philippopoulos-Mihalopoulos, I.-J. Sand, F. Venter, B. WoodardTrade Review‘The editors have tackled a difficult subject and are to be applauded for fashioning a volume that will surely stand the test of time as a landmark for environmental law scholars in the years to come.’ -- Benjamin J Richardson, Journal of Human Rights and the Environment‘The book is a thought-provoking journey of different, often experimental, innovative ideas that stretch the boundaries of environmental law research and scholarship. The volume contributes towards efforts to drive more inter-disciplinary approaches in environmental law, while critically reflecting on theoretical and methodological understandings. The diversity in disciplinary backgrounds of the authors provide a rich array of perspectives. The inter-disciplinary lens of the book is particularly topical. The section on materiality, for example, is very useful for environmental law -- scholars considering how to incorporate the surge of work on ‘nature-society’ relations in the humanities and social sciences.’– Law Environment and Development Journal‘This collection takes a bold step towards re-situating the legal enterprise alongside those bodies whose movement it strives to direct, thereby revitalising the sense of law’s immanence to what has elsewhere been dubbed “the lawscape”, i.e. the entangled continuum of law and bodies.’ -- Luigi Russi, Griffith Law ReviewTable of ContentsContents: PART I: MATERIALITY 1. Foregrounding Vulnerability: Materiality’s Porous Affectability as a Methodological Platform Anna Grear 2. How to Think About ‘Nature-society’ Interactions in Environmental Law ‘in Action’? Betina Lange 3. Abstracting Method: Taking Legal Abstractions Seriously Andrea Pavoni 4. Actor-network Theory and the Empirical Critique of Environmental Law: Unpacking the Bioprospecting Debates Emilie Cloatre 5. Speculative Entropy: Dynamism, Hyperchaos and the Fourth Dimension in Environmental Law Practice Lucy Finchett-Maddock 6. Critical Environmental Law as Method in the Anthropocene Andreas Philippopoulos-Mihalopoulos PART II: SPATIALITY AND JURISDICTION 7. Place-thinking: The Hidden Geography of Environmental Law Robyn Bartel 8. Bringing Environmental Justice to the Centre of Environmental Law Research: Developing Collective Case Study Methodology Jane Holder and Donald McGillivray 9. Third Word Approaches to International Law (TWAIL) and the Environment Usha Natarajan 10. The Methodology of Environmental Constitutional Comparison Francois Venter and Louis J. Kotzé 11. Engaged Enquiry in Environmental Law: Understanding People/place Connections Through a Geographically Informed Human Rights Lens Josephine Gillespie PART III: ECOLOGY, ECONOMICS AND POLITICAL ACTIVISM 12. Ecofeminist Approaches to the Construction of Knowledge and Coalition Building – Offering a Way Forward for International Environmental Law and Policy Karren Morrow 13. Environmentalism and an Anarchist Research Method Peter Burdon and James Martel 14. On the Relation between Scholarship and Action in Environmental Law: Method, Theory, Change Andreas Kotsakis 15. A Systems Theory Perspective on the Principle of Precaution Employing Critical Discourse Analysis John Paterson 16. Environmental Law In The Age Of The Anthropocene: How To Normatively Communicate On Environmental Change And Risks? Inger Johanne Sand 17. The Nested Eye: Naturalism, Perspectivalism, and Environmental Law Ben Woodard PART IV: MORE-THAN-HUMAN 18. Thinking about Law and the Question of the Animal Edward Mussawir and Yoriko Otomo 19. The Life and Law of Corals: Breathing Meditations Irus Braverman 20. All That Is Air Melts Into City: Minoritarian Apparatuses For A More-Than-Human World Mirko Nikolić 21. Listening to the World: Sounding out the Surroundings of Environmental Law with Michel Serres Danilo Mandic 22. F#cking Research Ethics Through Radical Method: Autoethnography and The Field of Environmental Law Victoria Brooks Index

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Book SynopsisStates in mineral-rich jurisdictions promote mining as a development industry, and at the same time attempt to protect people and the environment from the worst excesses of extractivism and neo-extractivism. Exploring how the State's role in facilitating a developmental and sustainable mining industry has been defined, this eminent work is a world-first analysis of the principal narratives framing mining, development and sustainability in developed and developing countries. Through a global, comparative analysis, Tracy-Lynn Field illustrates how these themes are woven into the technical governance areas of property, taxation, environmental assessment and mine closure. Ultimately, this book shows how the promotional and protective role of the State constituted by the advocacy, policies and laws of international financial institutions, industry associations, activists, and mineral-rich jurisdictions supports an unsustainable system of global mining production. Progressive in its approach, the book concludes with insightful thoughts on the paradigm of post-extractivism. State Governance of Mining, Development and Sustainability is a must read for students and scholars interested in the law and governance of mining and development, as well as environmental law and governance more widely. Its practical implications will also prove informative for practitioners and policy makers working in the field.Trade Review'In a time of ecological crisis, with ever present evidence of social conflict arising from mining development, Tracy-Lynn Field's painstaking examination of the contested discourses of sustainable mining and the role of the state makes a major contribution. Going beyond critique with a detailed comparative assessment of laws relating to property, tax, and environment, Field ultimately reveals how a post-extractivist frame could underpin transformation away from the chronic environmental, social and economic externalities that continue to plague global mining.' --Sara L Seck, Dalhousie University, CanadaTable of ContentsContents: 1. Introduction: State Governance of Mining, Development and Sustainability 2. The State, Mining, Development and Sustainability: Pro-Mining Discourses 3. The State, Mining, Development and Sustainability: Discourses of Dissent 4. The State, Mining and Property Institutions 5. The State, Mining and Taxation 6. The State, Mining and Environmental Assessment 7. The State and Mine Closure 8. Towards Post-Extractivism Index

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Book SynopsisThe Handbook of Research on Environmental Taxation captures the state of the art of research on environmental taxation. Written by 36 specialists in environmental taxation from 16 countries, it takes an interdisciplinary and international approach, focusing on issues that are universal to using taxation to achieve environmental goals.The Handbook explores the conceptual foundations of environmental taxation, essential elements for designing environmental tax measures, factors that influence the acceptance of environmental taxation, the variety of ways to implement environmental taxes, their environmental and economic impact and, finally, the larger question of the role of taxation among other policy approaches to environmental protection. Intermixing theory with case studies, the Handbook offers readers lessons that can be applied around the world. It identifies key bodies of research for people who are already working in the field or entering the field and highlights issues that call for more research in the future.With systematic analysis of key issues in environmental taxation, this book will appeal to researchers, governments, think tanks, NGOs, and academics in law, economics, political science and public finance, as well as students specializing in environmental taxation and other market-based instruments.Contributors include: M.S. Andersen, H. Ashiabor, J.-P. Barde, N.A. Braathen, N.J. Chalifour, P. Ekins, M.G. Faure, O. Godard, P.M. Herrera, M. Jaccard, W.K. Jaeger, Å. Löfgren, M. Mehling, J.E. Milne, A. Muller, H.Ø. Nielsen, B.E. Olsen, T. Palmer-Tous, J. Pavel, P. Preiss, A. Riera-Font, M. Rodi, M.A.G. Ruiz, R. Sairinen, K. Schlegelmilch, C.D. Soares, S. Speck, T. Sterner, P. Thalmann, E. Traversa, L. Vitek, H. Vollebergh, H. Vos, S.E. Weishaar, Y. XuTrade Review‘Ingeniously organized in a life cycle format, the Handbook covers environmental taxation concepts, design, acceptance, implementation, and impact. The universal themes discussed in each area will appeal to a broad range of readers.’ -- Larry Kreiser, Cleveland State University, US‘This book is a smart and useful reader’s guide providing analytical tools for a full comprehension of environmental taxes, with an interdisciplinary approach that looks at all the different phases of environmental taxation: from the design to the implementation, the political acceptance and the impact on the economy. The authors’ effort is very successful in endowing academicians, policy makers and the general public with an excellent proof of the effectiveness of environmental taxes and green tax reforms.’ -- Alberto Majocchi, University of Pavia, Italy‘Putting the words “environment” next to “taxation” might not always be the flavour of the month, but no modern society can ignore the value of the natural environment and the need to maintain its good quality and no competitive economy can prosper without the necessary tax revenues to function. Environmental taxation offers the prospect of moving towards a more resource-efficient economy, where preference is given to tax more what we burn, less what we earn. I welcome this contribution to the literature.’ -- Commissioner Connie Hedegaard, European Commission‘The Milne and Andersen volume provides a splendid treatment of environmental taxation that encompasses the basic conceptual issues, problems of tax design and implementation, and several insightful case studies that show how environmental taxes actually work in practice. It is the best overall treatment of environmental taxation available: comprehensive, rigorous, and readable.’ -- Wallace Oates, University of Maryland, College Park, USTable of ContentsContents: 1. This Book’s Approach to Environmental Taxation Janet E. Milne PART I: CONCEPTUAL FOUNDATIONS 2. Introduction to Environmental Taxation Concepts and Research Janet E. Milne and Mikael Skou Andersen 3. Economic Principles of Environmental Fiscal Reform Jean-Philippe Barde and Olivier Godard 4. Legal Authority to Enact Environmental Taxes Michael Rodi and Hope Ashiabor PART II: DESIGN 5. Design Options and their Rationales Pedro M. Herrera Molina 6. Earmarking Revenues from Environmentally Related Taxes Claudia Dias Soares 7. Designing Environmental Taxes in Countries in Transition: A Case Study of Vietnam Michael Rodi, Kai Schlegelmilch and Michael Mehling 8. Externality Research Philipp Preiss PART III: ACCEPTANCE 9. Regressivity of Environmental Taxation: Myth or Reality? Katri Kosonen 10. The Political Acceptability of Carbon Taxes: Lessons from British Columbia Mark Jaccard 11. Gaining Intergovernmental Acceptance: Legal Rules Protecting Trade Birgitte Egelund Olsen 12. The Double Dividend Debate William K. Jaeger 13. The Political Economy of Environmental Taxation Nils Axel Braathen PART IV: IMPLEMENTATION 14. Multilevel Governance: The Implications of Legal Competences to Collect, Administer and Regulate Environmental Tax Instruments Nathalie Chalifour, María Amparo Grau-Ruiz and Edoardo Traversa 15. Transaction Costs of Environmental Taxation: The Administrative Burden Jan Pavel and Leoš Vítek 16. Structuring Road Transport Taxes to Capture Externalities: A Critical Analysis of Approaches Teresa Palmer-Tous and Antoni Riera-Font 17. Environmental Taxation in China: The Greening of an Emerging Economy Yan Xu 18. A Review of Selected Databases on Market-based Instruments Hans Vos PART V: IMPACT 19. Decoupling: Is There a Separate Contribution from Environmental Taxation? Adrian Muller, Åsa Löfgren and Thomas Sterner 20. The Role of Environmental Taxation in Spurring Technological Change Herman Vollebergh 21. Impacts on Competitiveness: What do we know from Modeling? Paul Ekins and Stefan Speck PART VI: POLICY MIX 22. The Role of Environmental Taxation: Economics and the Law Michael G. Faure and Stefan E. Weishaar 23. Regulatory Reform and Development of Environmental Taxation: The Case of Carbon Taxation and Ecological Tax Reform in Finland Rauno Sairinen 24. Bounded Rationality in an Imperfect World of Regulations: What if Individuals are Not Optimizing? Helle Ørsted Nielsen 25. Global Environmental Taxes Philippe Thalmann PART VII: CONCLUSION 26. The Future Agenda for Environmental Taxation Research Mikael Skou Andersen and Janet E. Milne Index

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Book SynopsisInformed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.Trade Review'The third pole sits on top of the world, and rightly so. Its pure magnificence steers global action and politics. The fate of the third pole might equal the fate of China and of man-kind, as we probably know it. Thus, one cannot overstate the relevance of this region and the topic overall. This thorough book comes with a new, and overlooked angle: The law, policies and governance instruments for this region so essential for mankind. While one might ponder whether the law for this region, for China and for global governance, acts as we know it in the western world and its courts, there is no doubt that a suitable, effective, fair and sustainable policy scheme is required for this region (also referred to as the 'water towers of the world'). This milestone publication sets the stage and offers us a fresh and hopeful look at the issue. With climate change and many other threats on the rise, we all hope for the best.' --Falk Huettmann, University of Alaska, Fairbanks'Simon Marsden's book is extremely timely and provides a very welcomed addition to the literature on legal frameworks towards the environment in Asia. The book covers a wide variety of legal regimes from southwest to south and southeast Asia with special attention to the Tibetan Plateau and China's approach towards (transboundary) environmental governance. It will be of great help to researchers, planners, legal experts, and policy makers focusing on the protection of one of the world's most unique regions - the ''Third Pole''.' --Clemens Kunze, International Centre for Integrated Mountain Development (ICIMOD), NepalTable of ContentsContents: 1. Introduction: Asian Subregions, Environmental Regimes and Regime Effectiveness 2. Southwest Asia: The Arabian Gulf/Gulf of Oman and the Red Sea/Gulf of Aden Regimes 3. Connecting Central Asia with Southwest, North and Eurasia: The Caspian Sea, Aral Sea, and Sustainable Development Regimes 4. Southeast Asia: The Mekong, Conservation and Haze Pollution Regimes 5. Linking South and East Asia: The Tumen Regime, China and the Third Pole Index

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Book SynopsisWith aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a comprehensive guide to the complex regulatory seascape. Split into three distinct parts, the expert contributors first review the international legal dimensions, including chapters on the law of the sea, trade, and access and benefit sharing for aquatic genetic resources. Part two discusses how the EU and regional bodies, such as the North Atlantic Salmon Conservation Organization (NASCO), have addressed aquaculture development and management whilst the final part contains twelve national case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice. These case studies focus on implementation approaches and challenges, in particular emphasizing ongoing national struggles in attaining effective aquaculture zoning and marine spatial planning.Students and scholars of environmental law and politics will find this contemporary volume an invaluable addition to the limited academic literature critiquing aquaculture law and policy. Policy makers, international bodies and NGOs will also find its insights particularly informative when ensuring sustainable aquaculture regulation and development.Contributors include: N.l Bankes, J.L. Batongbacal, P. Carrol, lI. Dahl, M. Doell, C. Engler, J. Fuentes Olmos, J. Glazewski, M. Haward, F. Humphries, A. Jóhannsdóttir, H. Liu, R. Long, I.E. Myklebust, A. Powers, T.G. Puthucherril, P. Saunders, K.N. Scott, A.-M. Slater, D.L. VanderZwaag, E. WhitsittTrade Review'Our oceans are increasingly targeted for their resources. This forward-looking collection of essays explores how States and regional arrangements are responding to challenges in the growth of aquaculture. Clarity of exposition, in what is an increasingly complex area of law and policy, is combined with breadth, depth and richness of research. Most importantly, the authors draw out valuable lessons and experience from around the world. This book is an essential reference point for anyone concerned with the sustainable use of our oceans.' --Richard A. Barnes, The University of Hull, UKTable of ContentsContents 1. Introduction: Navigating multilevel governance in aquaculture Nigel Bankes, Irene Dahl and David L VanderZwaag Part I Global Perspectives 2. The international law and policy seascape for aquaculture: Navigating tangled currents David L VanderZwaag 3. Aquaculture and trade: Trade law and trade-related multilateral environmental agreements Elizabeth Whitsitt and Nigel Bankes 4. The rising tide of access and benefit sharing in aquaculture Fran Humphries Part II Regional Perspectives 5. Regional approaches to aquaculture and a case study of the North Atlantic Salmon Conservation Organization Irene Dahl 6. Aquaculture law and policy in the European Union: Prescriptive, diffuse and requiring further reform Ronán Long Part III National Perspectives 7. Australian Aquaculture Marcus Haward 8. Aquaculture governance in Canada: A patchwork of approaches Meinhard Doelle and Phillip Saunders 9. Three pillars for sustainable marine aquaculture: The evolving regulatory framework in Chile Jessica Fuentes and Cecilia Engler 10. National aquaculture law and policy: China LIU Hui 11. Iceland: Aspects of the legal environment relating to aquaculture Aðalheiður Jóhannsdóttir 12. Sustainable aquaculture in India: Looking back to think ahead Tony George Puthucherril 13. Aquaculture law and policy in New Zealand Karen N Scott 14. Aquaculture law and administration in Norway Ingunn Elise Myklebust 15. The regulatory regime for aquaculture in the Philippines Jay L Batongbacal 16. Marine aquaculture in South Africa: The policy and legal framework Jan Glazewski 17. Aquaculture and the law: United Kingdom and Scotland Anne-Michelle Slater 18. Aquaculture in the United States Ann Powers and Patrick Carroll 19. Conclusion: A summary of common themes Nigel Bankes, Irene Dahl and David L VanderZwaag Index

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Book SynopsisAfter the drop in the price of oil, the issue of a carbon tax to complement the EU emission trading scheme is coming back to the fore of political debate. In this volume on carbon pricing, the reader can find an excellent mix of economic theory and policy analysis. To anyone interested in this field, this collection of papers represents a very important contribution to an in-depth understanding of the main tools that can be used to successfully fight climate change.'- Alberto Majocchi, University of Pavia, ItalyCarbon Pricing reflects upon and further develops the ongoing and worthwhile global debate into how to design carbon pricing, as well as how to utilize the financial proceeds in the best possible way for society.The world has recently witnessed a significant downward adjustment in fossil fuel prices, which has negative implications for the future of our environment. In light of these negative developments, it is important to understand the benefits of environmental sustainability through well-documented research. This discerning book considers the design of carbon taxes and examines the consequential outcomes of different taxation compositions as regulatory instruments. Expert contributors assess a variety of national experiences to provide an empirical insight into the use of carbon taxes, emissions trading, energy taxes and excise taxes. The overarching discussion concludes that successful policies used by some countries can be implemented in other jurisdictions with minimum new research and experimentation.This astute work will benefit scholars, practitioners and policymakers alike with an interest in the fields of environmental law, environmental economics, sustainable development and taxation law.Contributors: B. Bahn-Walkowiak, J. Bruha, H. Bruhova-Foltýnovà, B. Butcher, M. Calaf Forn, N. Chalifour, S. Cheng, E. Croci, S. Elgie, E. Guglyuvatyy, M. Jofra Sora, C. Kettner, K. Kratena, E. Meyer, I. Meyer, S. Onoda, J. Papy, T.F. Pedersen, V. Pisa, I. Puig Ventosa, A. Ravazzi Douvan, M. Sargl, K. Schlegelmilch, M.W. Sommer, N.P. Stoianoff, P. ten Brink, W.E. Weishaar, H. Wilts, S. Withana, Sirini, G. Wittmann, A. WolfsteinerTrade Review‘After the drop in the price of oil, the issue of a carbon tax to complement the EU emission trading scheme is coming back to the fore of political debate. In this volume on carbon pricing, the reader can find an excellent mix of economic theory and policy analysis. To anyone interested in this field, this collection of papers represents a very important contribution to an in-depth understanding of the main tools that can be used to successfully fight climate change.’ -- Alberto Majocchi, University of Pavia, Italy‘As someone who has been involved in speaking, disseminating knowledge and engaging with policymakers for the last couple of decades on environmental taxation. I wholeheartedly support and endorse this collection of topical and informative papers . . . a fascinating insight into the latest thinking and research in the field and a highly valued reference source.’ -- Chas Roy-Chowdhury, The Association of Chartered Certified Accountants, UK‘It is clearly an astute work which we think will be of great benefit to scholars, practitioners, forward-thinking politicians and policy makers alike with an interest in the fields as diverse as environmental law, environmental economics, sustainable development and taxation law. Thank you, Elgar, for this new addition to your “Critical Issues in Environmental Taxation” library.’ -- The Barrister MagazineTable of ContentsContents: Foreword By Mikael Skou Andersen Preface PART I CARBON TAXES AND EMISSIONS TRADING 1. A Template for the World: British Columbia’s Carbon Tax Shift Thomas F. Pedersen and Stewart Elgie 2. The Cost of Enforcing Carbon Pricing Mechanisms: A Comparison of the British Columbia Carbon Tax and the Québec Emissions Trading System Nathalie Chalifour and Jacques Papy 3. Fault Lines Between Fees and Taxes: Legal Obstacles for Linking Stefan E. Weishaar 4. Policy Changes on Ecological Tax Reform/Carbon Tax in Germany and Japan Shinji Onoda and Kai Schlegelmilch 5. The EU Emission Trading Scheme: First Evidence on Phase 3 Claudia Kettner 6. The Regensburg Model: Emissions Trading Between Countries Based on a Global CO2 Budget, National Emission Pathways and Gradual Climate Justice Manfred Sargl, Andreas Wolfsteiner and Günter Wittmann 7. Carbon Tariffs and Developing Countries: The Case for Special and Differential Treatment Selina Cheng and Bill Butcher PART II ENERGY AND EXCISE TAXES 8. Reforming The EU Vat System to Support the Transition to a Low-Carbon and Resource Efficient Economy Bettina Bahn-Walkowiak and Henning Wilts 9. Long-Term Climate Mitigation and Energy Use in Austria: The Impacts of Carbon and Energy Prices Kurt Kratena, Ina Meyer and Mark Wolfgang Sommer 10. Urban Road Pricing: The Experience of Milan Edoardo Croci and Aldo Ravazzi Douvan 11. Motor Fuel Taxation in Central Europe and International Tax Competition: Simulation of Motor Fuel Tax Harmonization Jan Brůha, Hana Brůhova-Foltýnovà and Vitězslav Piša PART III ANALYZING POLICY CHOICES 12. Climate Change Law and Policy Making: The Utility of the Delphi Method Evgney Guglyuvatyy and Natalie P. Stoianoff 13. Motivating Environmental Tax Reform Through Coalitions of Like-Minded Countries Sirini Withana and Patrick Ten Brink 14. Developments and Opportunities for an Ecological Tax Reform in Spain Ignasi Puig Ventosa, Eike Meyer, Marta Jofra Sora and Maria Calaf Forn Index

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Book SynopsisEnvironmental Pricing is an interesting book containing a broad collection of chapters that discuss issues of relevance for environmental policymaking. The topics range from support for renewable energy and fossil fuels via environmental taxation to policies for water management. The book provides relevant information regarding the many issues covered, and some chapters will stimulate further debate.'- Nils Axel Braathen, Principal Administrator OECD, Environment Directorate'As someone who has been involved in speaking, disseminating knowledge and engaging with policymakers for the last couple of decades on environmental taxation I wholeheartedly support and endorse this collection of topical and informative papers . . . a fascinating insight into the latest thinking and research in the field and a highly valued reference source.'- Chas Roy-Chowdhury, The Association of Chartered Certified Accountants, UKEnvironmental taxes can be efficient tools for successful environmental policy. Their use, however, has been limited in many countries. This thoughtful book explores the scope of environmental pricing and examines a variety of national experiences in environmental policy integration, to identify the most effective use of taxation and policy for environmental sustainability.Environmental taxes are seldom implemented in isolation and are applied in combination with other regulatory instruments. At issue is the critical lack of knowledge on how different policy instruments and taxes interact and work together. This perceptive book considers recent research on the environmental and economic impact of applying environmental taxes. Expert contributors come together to discuss the high potential for wider use of environmental taxation in combination with other policy instruments, and highlight key areas of current practice that must be addressed. Empirical studies of policy strategies are discussed to illustrate the extent to which current climate change policy is integrated against the proposed successful policy combinations that are presented in this insightful book.Environmental pricing will be of interest to scholars, practitioners and policymakers alike in the areas of environmental law, environmental economics and environmental sustainability.Contributors: M. Antenucci, K. Bachus, K. Bubna-Litic, J. Cottrell, E. Fonseca Capdevila, Enrique, M.A. Grau Ruiz, X. Guo, D.L. Jarvie, T. Kawakatsu, C. Kettner, M. Kicia, D. Kletzan-Slamanig, A. Köppl, L. Kreiser, A. Lerch, Y. Mao, I. Mersinia, A. Pirlot, M. Rosenstock, S. Rudolph, H. Sprohge, F. Vanswijgenhoven, M. Villar Ezcurra, R.H. Weber, J. WuTrade Review‘Environmental Pricing is an interesting book containing a broad collection of chapters that discuss issues of relevance for environmental policymaking. The topics range from support for renewable energy and fossil fuels via environmental taxation to policies for water management. The book provides relevant information regarding the many issues covered, and some chapters will stimulate further debate.’ -- Nils Axel Braathen, Principal Administrator OECD, Environment Directorate‘As someone who has been involved in speaking, disseminating knowledge and engaging with policymakers for the last couple of decades on environmental taxation I wholeheartedly support and endorse this collection of topical and informative papers . . . a fascinating insight into the latest thinking and research in the field and a highly valued reference source.’ -- Chas Roy-Chowdhury, The Association of Chartered Certified Accountants, UKTable of ContentsContents: Foreword by Birgitte Egelund Olsen Preface PART I CASE STUDIES IN POLICY INTEGRATION 1. Climate Policy Integration: Evidence on Coherence in EU Policies Claudia Kettner, Daniela Kletzan-Slamanig and Angela Köppl 2. Tax Treatment of the Interaction between Water and Energy Marta Villar Ezcurra and Enrique Fonseca Capdevila 3. Subsidies to Fossil Energy Consumption in Italy: Assessment and Interaction with the Electricity Market Marianna Antenucci and Michele Governatori 4. Toward a Sustainable Climate and Energy Policy Mix: Insights from Theory and the Case of Japan Sven Rudolph, Takeshi Kawakatsu and Achim Lerch 5. European Renewable Energy Market Governance and Economic Crisis: a Taxation Makeover with Greece as a Case Study Ioanna Mersinia PART II THE CHALLENGES OF SUBSIDIES 6. Reforming Fossil Fuel Subsidies: Will it Make a Difference? Malgorzata Kicia and Manfred Rosenstock 7. Tax Expenditures to Promote Environmentally Responsible Investment Maria Amparo Grau Ruiz 8. Do you Get What you Pay for with United States Climate Change Tax Provisions? Hans Sprohge and Larry Kreiser 9. Supporting Emission Reductions through a Viable Wind Energy Industry: Lessons for Australia Karen Bubna-Litic PART III COMPETITIVENESS CONSIDERATIONS 10. Environmental Border Tax Adjustments (BTAs): A Forgotten History Alice Pirlot 11. Renewable Energy: Subsidies and Taxes as Competition Distortion Rolf H. Weber 12. The Impact of Environmental Tax on Enterprise Competitiveness in China Jian Wu, Yujiao Mao and Xingjie Guo PART IV STRATEGIC CONSIDERATIONS 13. Reclaiming the ‘T’ Word: Ways of Improving Communication and Public Acceptance of Environmental Fiscal Reform in Europe Jacqueline Cottrell 14. Regulatory Taxes as an Instrument to Foster Sustainability Transitions: An Exploratory Analysis Kris Bachus and Frederic Vanswijgenhoven 15. Resilience Based Policy for Groundwater Protection Deborah L. Jarvie Index

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Book SynopsisA practical guide to improve classes that are bored, hostile, aggressive or just not quite right. The book provides tips form making small class teaching more effective, with practical suggestions for a broad range of problems that teachers regularly encounter.Trade Review'The significant strength of this edited volume is that it goes beyond normative approaches to collaborative governance in a cross-disciplinary effort to analyze ''how to do collaboration'' and how to overcome the challenges involved in using collaboration in environmental governance.' --Eva Sorensen, Roskilde University, Denmark'This book will be invaluable for anyone interested in collaborative planning, management or governance. It includes significant chapters from some of the leading scholars in these fields, as well as insightful research from a new generation. It is an impressive compendium, a good read, and a useful coursebook.' --Judith Innes, University of California, Berkely--This text refers to the hardcover edition.Table of ContentsContents: 1. Introduction: The Challenges of Collaboration in Environmental Governance Richard D. Margerum and Cathy J Robinson PART I Theory and Context 2. Theoretical perspectives on the Challenges of Collaboration Richard D. Margerum 3. Back to the Future? Collaborative Environmental Governance Theory and Practice Tomas M. Koontz 4. The Other Side of Managing in Networks Robert Agranoff 5. Vitality in interactive governance: conditions and challenges Jurian Edelenbos and Ingmar van Meerkerk PART II Problems and Context 6. Where has all the salinity gone? The challenges of using science to inform local collaborative efforts to respond to large-scale environmental change Mat Gilfedder, Cathy J Robinson and Mike Grundy 7. Collaborative governance – does it work for climate change adaptation? Insights from the Dutch Delta Program Arwin van Buuren and Jitske van Popering 8. Collaboration challenges in addressing natural resource management problems: Australian regional case studies Helen Ross, Jennifer Bellamy and Brian Head PART III Policy, Politics and Power 9. When Voluntary is Prescribed but Mandated is Necessary: The Challenges of Compulsory Collaboration on Complex Public Issues Julia M. Wondolleck and Susan D. Lurie 10. Politicians and Collaborative Governance: The New Logic of Support Edward P. Weber 11. The Role of Power in Collaborative Governance Jill M. Purdy PART IV Organizations, Stakeholders and Governance 12. Collaboration Across Boundaries in the Indian Forest Service Daniel H. Nelson, Rosemary O'Leary, Larry D. Schroeder, Misty Grayer, Nidhi Vij 13. Towards a Joint Maintenance Approach for floodplain management in the Netherlands: tensions and possibilities Jeroen F. Warner, Jan M. Fliervoet and Antoine J.M. Smits PART V Process and Participation 14. From the table to the street: Strategies for building a more inclusive collaborative process Jane Rongerude and Gerardo Sandoval 15. The Challenge of Transformative Learning: Mining Practice Stories to Study Collaboration and Dispute Resolution Strategies John Forester 16. Hunting for country and culture: The challenges surrounding Indigenous collaborative partnerships on the coast of northern Australia Cathy J. Robinson Conclusion 17. The Challenges of Collaborative Governance: Towards a New Research Agenda Richard D. Margerum, Cathy J. Robinson and Ken Genskow Index

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Book SynopsisEconomics shapes environmental pricing theory, but the law translates theory into reality. This research review examines and discusses carefully selected classic and cutting edge articles from around the world that delve into the legal design features of environmental tax instruments, how governments define the legal authority to use environmental taxation, complex interactions with WTO law and the legal conundrums of border tax adjustments. These influential articles cover a wide range of environmental and legal issues that recur across continents, with carbon taxes and climate change taking centre stage as important case studies. This timely review is an essential resource for those working in the field, whether they are trained in law, economics, political science, environmental science or public finance.Trade Review‘A fascinating and important collection on an issue of increasing urgency. This superb book should be of keen interest to policymakers and academics alike.’Table of ContentsContents: Introduction Janet E. Milne PART I DESIGN OF ENVIRONMENTAL TAXATION A. Fundamental Design Principles 1. Federica Pitrone (2015), ‘Defining “Environmental Taxes”: Input from the Court of Justice of the European Union’, Bulletin for International Taxation, 1, January, 58–64 2. Thomas A. Barthold (1994), ’Issues in the Design of Environmental Excise Taxes’, Journal of Economic Perspectives, 8 (1), Winter, 133–51 3. Janet E. Milne (2003), ‘Environmental Taxation: Why Theory Matters’, in Janet Milne, Kurt Deketelaere, Larry Kreiser and Hope Ashiabor (eds), Critical Issues in Environmental Taxation: International and Comparative Perspectives: Volume I, Part I, Chapter I, Richmond, UK: Richmond Law and Tax Ltd, 3–26 4. James Alm and H. Spencer Banzhaf (2012), ‘Designing Economic Instruments for the Environment in a Decentralized Fiscal System’, Journal of Economic Surveys, 26 (2), April, 177–202 B. Design Choices in Theory and Practice: A Case Study of Carbon Taxes 5. Gilbert E. Metcalf and David Weisbach (2009), ‘The Design of a Carbon Tax’, Harvard Environmental Law Review, 33 (2), 499–556 6. David G. Duff (2008), ‘Carbon Taxation in British Columbia’, Vermont Journal of Environmental Law, 10 (1), 87–107 7. David A. Weisbach (2012), ‘Carbon Taxation in the EU: Expanding the EU Carbon Price’, Journal of Environmental Law, 24 (2), July, 183–206 8. Mikael Skou Andersen (2015), ‘Reflections on the Scandinavian Model: Some Insights into Energy-Related Taxes in Denmark and Sweden’, European Taxation, 55 (6), June, 235–44 9. Sijbren Cnossen and Herman Vollebergh (1992), ‘Toward a Global Excise on Carbon’, National Tax Journal, XLV (1), March, 23–36 10. Iñaki Bilbao Estrada and Pasquale Pistone (2013), ‘Global CO2 Taxes’, Intertax, 41 (1), January, 2–14 C. Design of Environmental Tax Expenditures 11. Tracey M. Roberts (2016), ‘Picking Winners and Losers: A Structural Examination of Tax Subsidies to the Energy Industry’, Columbia Journal of Environmental Law, 41 (1), Winter, 63–137 12. Ellen Zweibel and Karen J. Cooper (2010), ‘Charitable Gifts of Conservation Easements: Lessons from the US Experience in Enhancing the Tax Incentive’, Canadian Tax Journal, 58 (1), 25–61 13. Marta Villar Ezcurra (2014), ‘EU State Aid and Energy Policies as an Instrument of Environmental Protection: Current Stage and New Trends’, European State Aid Law Quarterly, 13 (4), 665–76 14. Brian Galle (2012), ‘The Tragedy of the Carrots: Economics and Politics in the Choice of Price Instruments’, Stanford Law Review, 64 (4), April–May, 797–850 PART II LEGAL AUTHORITY TO USE ENVIRONMENTAL TAXATION A. Significance of Legal and Institutional Arrangements 15. Michael Rodi and Hope Ashiabor (2012), ‘Legal Authority to Enact Environmental Taxes’, in Janet E. Milne and Mikael Skou Andersen (eds), Handbook of Research on Environmental Taxation, Part I, Chapter 4, Cheltenham UK and Northampton, MA, USA: Edward Elgar Publishing, 59–81 16. Per G. Fredriksson and Daniel L. Millimet (2004), ‘Comparative Politics and Environmental Taxation’, Journal of Environmental Economics and Management, 48 (1), July, 705–22 B. Legal Implications of a “Tax” 17. John Snape (2007), ‘The Green Taxes of the Brown Chancellorship, 1997–2007’, Environmental Law and Management, 19 (4), 143–58 18. Janet E. Milne (2013), ‘The U.S. Supreme Court Opens a Door: Expanded Opportunities for Environmental Taxes’, Environmental Law Reporter, 43 (5), May, 10406–13 C. Allocation of Legal Authority Among Levels of Government 19. Kirsten Borgsmidt (1999), ‘Ecotaxes in the Framework of Community Law’, European Environmental Law Review, 8 (10), October, 270–81 20. Nathalie J. Chalifour (2008), ‘Making Federalism Work for Climate Change: Canada’s Division of Powers over Carbon Taxes’, National Journal of Constitutional Law, 22 (2), October, 119–214 21. José Marcos Domingues (2012), ‘Tax System and Environmental Taxes in Brazil: The Case of the Electric Vehicles in a Comparative Perspective with Japan’, Osaka University Law Review, 59 (2), February, 37–56 22. Yan Xu (2011), ‘China’s “Stir Fry” of Environmentally Related Taxes and Charges: Too Many Cooks at Work’, Journal of Environmental Law, 23 (2), July, 255–83 23. Leyla Ates (2015), ‘Environmental Taxation in Turkey’, in Rodolfo Salassa Boix (ed.), La Protección Ambiental a Través del Derecho Fiscal (Environmental Protection through Tax Law), Part III, Córdoba, Argentina: Advocatus Ediciones, 239–57 24. Andrew J. White, III (2007), ‘Decentralised Environmental Taxation in Indonesia: A Proposed Double Dividend for Revenue Allocation and Environmental Regulation’, Journal of Environmental Law, 19 (1), 43–69 PART III IMPLEMENTATION CONSIDERATIONS A. Factors that Affect the Design and Use of Environmental Taxation 25. Susan Rose-Ackerman (1973), ‘Effluent Charges: A Critique’, Canadian Journal of Economics, VI (4), November, 512–28 26. Nathalie J. Chalifour (2010), ‘A Feminist Perspective on Carbon Taxes’, Canadian Journal of Women and the Law, 22 (1), January, 169–212 27. Veronika Chobotová (2013), ‘The Role of Market-Based Instruments for Biodiversity Conservation in Central and Eastern Europe’, Ecological Economics, 95, November, 41–50 B. Legal Compliance and Enforcement 28. Nthati Rametse (2015), ‘Measuring the Costs of Implementing the Former Carbon Tax for Australian Liable Entities’, New Zealand Journal of Taxation Law and Policy, 21, June, 190–213 29. Dwight V. Denison and Robert J. Eger III (2000), ‘Tax Evasion from a Policy Perspective: The Case of the Motor Fuels Tax’, Public Administration Review, 60 (2), March–April, 163–72 30. James Alm and Jay Shimshack (2014), ‘Environmental Enforcement and Compliance: Lessons from Pollution, Safety, and Tax Settings’, Foundations and Trends® in Microeconomics, 10 (4), December, i–iii, 209–74 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I THE WTO AND ENVIRONMENTAL TAXATION A. The WTO Framework for Environmental Taxation 1. Simonetta Zarrilli (2003), ‘Domestic Taxation of Energy Products and Multilateral Trade Rules: Is This a Case of Unlawful Discrimination?’, Journal of World Trade, 37 (2), 359–94 2. Francesco Sindico (2006), ‘Climate Taxes and the WTO: Is the Multilateral Trade Regime a Further Obstacle for Efficient Domestic Climate Policies?’, EcoLomic Policy and Law: Journal of Trade and Environment Studies, 3 (8), December, 1–24 B. Legality of Border Tax Adjustments for Environmental Taxes 3. Paul Demaret and Raoul Stewardson (1994), ‘Border Tax Adjustments under GATT and EC Law and General Implications for Environmental Taxes’, Journal of World Trade, 28 (4), 5–65 4. Gavin Goh (2004), ‘The World Trade Organization, Kyoto and Energy Tax Adjustments at the Border’, Journal of World Trade, 38 (3), 395–423 5. Charles E. McLure, Jr (2011), ‘The GATT-Legality of Border Adjustments for Carbon Taxes and the Cost of Emissions Permits: A Riddle, Wrapped in a Mystery, Inside an Enigma’, Florida Tax Review, 11 (4), 221–94 C. A Focus on Like Products and PPMs 6. Reinhard Quick and Christian Lau (2003), ‘Environmentally Motivated Tax Distinctions and WTO Law: The European Commission’s Green Paper on Integrated Product Policy in Light of the “Like Product-“ and “PPM-“ Debates’, Journal of International Economic Law, 6 (2), June, 419–58 7. Steve Charnovitz (2002), ‘The Law of Environmental “PPMs” in the WTO: Debunking the Myth of Illegality’, Yale Journal of International Law, 27 (1), 59–110 8. Adrian Emch (2005), ‘Same Same But Different? Fiscal Discrimination in WTO Law and EU Law: What Are “Like” Products?’, Legal Issues of Economic Integration, 32 (4), 369–415 D. Challenges of Implementing Border Tax Adjustments for Carbon Pricing 9. Javier de Cendra (2006), ‘Can Emissions Trading Schemes be Coupled with Border Tax Adjustments? An Analysis vis-à-vis WTO Law’, Review of European Community and International Environmental Law, 15 (2), July, 131–45 10. Charles E. McLure, Jr (2012), ‘Could VAT Techniques Be Used To Implement Border Carbon Adjustments? Illustration of VATs and VATCATs – Expanded Version’, Bulletin for International Taxation, 66 (8), June, 1–19 11. Carol McAusland and Nouri Najjar (2015), ‘The WTO Consistency of Carbon Footprint Taxes’, Georgetown Journal of International Law, 46 (3), 765–801 12. Joost Pauwelyn (2013), ‘Carbon Leakage Measures and Border Tax Adjustments under WTO Law’, in Geert Van Calster and Denise Prévost (eds), Research Handbook on Environment, Health and the WTO, Part III, Chapter 15, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 448–506 E. Subsidies 13. Andrew Green (2006), ‘Trade Rules and Climate Change Subsidies’, World Trade Review, 5 (3), November, 377–414 PART II LEGAL FRAMEWORKS FOR ASSESSING THE CHOICE OF INSTRUMENT A. Legal Institutions 14. Jonathan Baert Wiener (1999), ‘Global Environmental Regulation: Instrument Choice in Legal Context’, Yale Law Journal, 108, 677–800 B. Standards for Assessment 15. Michael Faure (2012), ‘Effectiveness of Environmental Law: What Does the Evidence Tell Us?’, William and Mary Environmental Law and Policy Review, 36 (2), Winter, 293–336 16. Shi-Ling Hsu (2004), ‘Fairness Versus Efficiency in Environmental Law’, Ecology Law Quarterly, 31 (2), March, 303–401 17. Andrew Green (2006), ‘You Can’t Pay Them Enough: Subsidies, Environmental Law, and Social Norms’, Harvard Environmental Law Review, 30 (2), 407–40 C. Position Within the Law 18. Todd S. Aagaard (2014), ‘Environmental Law Outside the Canon’, Indiana Law Journal, 89 (3), 1239–98 Index

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Book SynopsisThis research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotzé, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. StoneTable of ContentsContents: Acknowledgements Research Review Klaus Bosselmann and Prue Taylor PART I ECOLOGICAL APPROACHES A Critique of Environmental Law 1. Bruce Pardy (2005), ‘In Search of the Holy Grail in Environmental Law: A Rule to Solve the Problem’, McGill International Journal of Sustainable Development Law and Policy, 1 (1), Spring, 29–57 2. Richard J. Lazurus (2005), ‘Human Nature, The Laws of Nature, and the Nature of Environmental Law’, Virginia Environmental Law Journal, 24, 3. Staffan Westerlund (2008), ‘Theory for Sustainable Development. For or Against’, in Hans–Christian Bugge and Christina Voigt (eds), Sustainable Development in International and National Law, Chapter 1.3, Groningen, the Netherlands: Europa Law Publishing, 49–66 4. Klaus Bosselmann (2010), ‘Losing the Forest for the Trees: Environmental Reductionism in the Law’, Sustainability, 2 (8), 2424–48 5. Sanford E. Gaines (2014), ‘Reimagining Environmental Law for the 21st Century’, Environmental Law Reporter, 44 (3), 10188–215 B Ethical Dimensions 6. Aldo Leopold (1949), ‘The Land Ethic’, in A Sand County Almanac and Sketches Here and There, Oxford, UK: Oxford University Press, 201–26 7. Holmes Rolston II (1975), ‘Is There an Ecological Ethic?’, Ethics: An International Journal of Social, Political, and Legal Philosophy, 18 (2), January, 93–109 8. Christopher D. Stone (1972), ‘Should Trees Have Standing? – Towards Legal Rights for Natural Objects’, Southern California Law Review, 45, 450–501 9. Arne Naess (1973), ‘The Shallow and the Deep, Long–Range Ecology Movement. A Summary’, Inquiry: An Interdisciplinary Journal of Philosophy, 16 (1–4), 95–100 10. Mark Sagoff (1981), ‘At the Shrine of Our Lady of Fatima or Why Political Questions Are Not All Economic’, Arizona Law Review, 23, 1283–98 11. Laura Westra (1998), ‘Living with Integrity: The Problems and The Promise’, in Living in Integrity: A Global Ethic to Restore a Fragmented Earth, Chapter 1, Lanham, Maryland, USA and Oxford, UK: Rowman and Littlefield Publishers, 3–22 12. John Ronald Engel (2011), ‘Soil Ethics and Global Ethics’, in Encyclopaedia of Soil Science, Chapter 1, London, UK: Taylor and Francis, 1–7 C Methodology 13. Gunther Teubner and Lindsay Farmer (1994), ‘Ecological Self-Organization’, in Gunther Teubner, Lindsay Farmer and Declan Murphy (eds), Environmental Law and Ecological Responsibility: The Concept and Practice of Ecological Self-Organization, Chapter 1, Chichester, UK: John Wiley & Sons Ltd, 3–13 14. Massimiliano Montini (2014), ‘Revising International Environmental Law through the Paradigm of Ecological Sustainability’ in Federico Lenzerini and Ana Filipa Vrdoljak (eds), International Law for Common Goods, Normative Perspectives on Human Rights, Culture and Nature, Chapter 13, Oxford, UK and Portland, OR, USA: Hart Publishing, 271–87 15. Andreas Philippopoulos–Mihalopoulos (2011), ‘Towards a Critical Environmental Law’, in Law and Ecology: New Environmental Foundations, Chapter 2, London, UK: Routledge, 18–38 D Earth Jurisprudence 16. Thomas Berry (1999), ‘The Earth Story’, in The Great Work: Our Way Into The Future, Chapter 3, NY, USA: Random House/Bell Tower, 21–32 17. Cormac Cullinan (2010), ‘Earth Jurisprudence: From Colonization to Participation’, in Worldwatch Institute (ed.) State of the World: Transforming Cultures From Consumerism to Sustainability, NY, USA and London, UK: W.W.Norton & Company, 143–48 18. Anne Schimoller and Alessandro Pellizon (2013), ‘Mapping the Terrain of Earth Jurisprudence: Landscape, Threshold and Horizons’, Environmental and Earth Law Journal, III (1), 1–32 19. Peter Burdon (2013), ‘The Earth Community and Ecological Jurisprudence’, Oñati Socio Legal Series, 3 (5), 815–37 20. Samuel Alexander (2010), ‘Earth Jurisprudence and the Ecological Case for Degrowth’, Journal Jurisprudence, 131–48 PART II KEY ISSUES OF ECOLOGICAL LAW A Rights and Responsibilities 21. Bridget Lewis (2012), ‘Environmental Rights or a Right to the Environment? Exploring the Nexus between Human Rights and Environmental Protection’, Macquarie Journal of International and Comparative Environmental Law, 8 (1), 36–47 22. Prudence E. Taylor (1998), ‘From Environmental to Ecological Rights: A New Dynamic in International Law?’, Georgetown International Environmental Law Review, 10 (2), 309–97 23. Anna Grear (2011), ‘The Vulnerable Living Order: Human Rights and the Environment in a Critical and Philosophical Perspective’, Journal of Human Rights and the Environment, 2 (1), March, 23–44 24. Alan Boyle (2007), ‘Human Rights or Environmental Rights? A Reassessment’, Fordham Environmental Law Review, XVIII, 471–511 B Property and the Commons 25. Prue Taylor and David Grinlinton (2011), ‘Property Rights and Sustainability: Toward a New Vision of Property’, in Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges, Chapter 1, Leiden, the Netherlands: Matinus Nijhoff, 1–20 26. Peter Burdon (2015), ‘Private Property Revisited‘, in Earth Jurisprudence: Private Property and the Environment’, Chapter 5, Abingdon, UK and NY, USA: Routledge, 101–34 27. Gerhard Scherhorn (2012), ‘Transforming Global Resources into Commons’, in David Bollier and Silke Helfrich (eds), The Wealth of the Commons: A World Beyond Markets, Amherst, MA, USA: Leveller Press, 395–401 28. Joseph L. Sax (1970), ‘The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention’, Michigan Law Review, 68, 473–566 C Governance 29. Polly Higgins (2012), ‘The Law of Ecocide‘, in Earth is Our Business, Chapter 1, London, UK: Shepheard–Walwyn, 3–17 30. Burns H. Weston and David Bollier (2013), ‘Imagining a New Architecture of Law and Policy to Support the Ecological Commons’, in Green Governance: Ecological Survival, Human Rights, and the Law of the Commons, Chapter 7, Cambridge, UK and NY, USA: Cambridge University Press, 179–225 31. Louis J. Kotzé (2013), ‘Mapping the Definitional Field of Global Environmental Governance’, in Global Environmental Governance: Law and Regulation for the 21st Century’, Chapter 7, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 225–66 32. Klaus Bosselmann (2015), ‘Framing Earth Governance’, in Earth Governance: Trusteeship of the Global Commons, Chapter 2, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 23–50 D Constitutionalism 33. Klaus Bosselmann (2015), ‘Global Environmental Constitutionalism: Mapping the Terrain’, Widener Law Review, 21 (2), 171–85 34. David R. Boyd (2012), ‘Constitutions, Human Rights, and the Environment: The Context’, in The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, Chapter 1, Vancouver, Canada: UBC Press, 3–19 35. Rakhyun E. Kim and Klaus Bosselmann (2015), ‘Operationalizing Sustainable Development: Ecological Integrity as a Grundnorm of International Law’, Review of European Community and International Environmental Law, Special Issue: Public Participation and Climate Governance, 24 (2), July, 194–208 36. Geoffrey Garver (2013), ‘The Rule of Ecological Law: The Legal Complement to Degrowth Economics’, Sustainability, 5 (1), 316–37 Index

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Book SynopsisThis research review discusses seminal articles and essays on the law of the polar regions. It traces the historical development of polar law in the Arctic and Antarctic and then analyses in detail the specific legal regimes that have developed for both regions. Common elements assist in the assessment of recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing importance in global affairs.This research review will be a valuable resource for students, academics and practitioners.Trade Review‘The Polar regions have, in recent years, attracted a greater significance among both political and academic communities across the globe. While extensive research inputs from the natural science disciplines are readily available, knowledge from the legal disciplines has so far been found only relatively sporadically. International Polar Law offers a collection of essays and articles in one accessible place, sourced from highly-regarded international journals at various times, from the beginning of the twentieth century to today. As such, the volume is an invaluable resource, useful for both lawyers and members of the scholarly community interested in Polar legal issues.’ -- Kamrul Hossain, University of Lapland, FinlandTable of ContentsContents: Introduction The Context of International Polar Law Donald R. Rothwell and Alan D. Hemmings PART I HISTORY 1. Thomas Willing Balch (1910), ‘The Arctic and Antarctic Regions and the Law of Nations’, American Journal of International Law, 4 (2), April, 265–75 2. A.R. Clute (1927), ‘The Ownership of the North Pole’, Canadian Bar Review, V (1), January, 19–26 3. John Hanessian (1960), ‘The Antarctic Treaty 1959’, International and Comparative Law Quarterly, 9 (3), July, 436–80 4. Charles Cheney Hyde (1933–34), ‘Acquisition of Sovereignty over Polar Areas’, Iowa Law Review, 19, 286–94 5. Philip C. Jessup (1947), ‘Sovereignty in Antarctica’, American Journal of International Law, 41 (1), January, 117–19 6. W. Lakhtine (1930), ‘Rights over the Arctic’, American Journal of International Law, 24 (4), October, 703–17 7. Ivor L.M. Richardson (1957), ‘New Zealand’s Claims in the Antarctic’, New Zealand Law Journal, 33, February, 38–42 8. James Brown Scott (1909), ‘Arctic Exploration and International Law’, American Journal of International Law, 3 (4), October, 928–41 PART II ANTARCTICA 9. David M. Edwards and John A. Heap (1981), ‘Convention on the Conservation of Antarctic Marine Living Resources: A Commentary’, Polar Record, 20 (127), 353–62 10. Francesco Francioni (1993), ‘The Madrid Protocol on the Protection of the Antarctic Environment’, Texas International Law Journal, 28 (193), 47–72 11. Moritaka Hayashi (1986), ‘The Antarctica Question in the United Nations’, Cornell International Law Journal, 19 (2), Summer, 275–90 12. Bernard H. Oxman (1986), ‘Antarctica and the New Law of the Sea’, Cornell International Law Journal, 19 (2), Summer, 211–47 13. Bruno Simma (1986), ‘The Antarctic Treaty as a Treaty Providing for an “Objective Regime”’, Cornell International Law Journal, 19 (2), Summer, 189–209 14. A.D. Watts (1990), ‘The Convention on the Regulation of Antarctic Mineral Resource Activities 1988’, International and Comparative Law Quarterly, 39 (1), January, 169–82 15. Emil A. Zuccaro (1979), ‘Iceberg Appropriation and the Antarctic’s Gordian Knot’, California Western International Law Journal, 9, 405–29 16. Karen N. Scott (2010), ‘Managing Sovereignty and Jurisdictional Disputes in the Antarctic: The Next Fifty Years’, Yearbook of International Environmental Law, 20 (1), January, 3–40 17. Kees Bastmeijer and Ricardo Roura (2004), ‘Regulating Antarctic Tourism and the Precautionary Principle’, American Journal of International Law, 98 (4), October, 763–81 18. Christopher C. Joyner (2008), ‘Challenges to the Antarctic Treaty: Looking Back to See Ahead’, New Zealand Yearbook of International Law, 6, 25–62 19. Ben Saul and Tim Stephens (2015), ‘Responsive Antarctic Law- Making in the Asian Century’, Yearbook of Polar Law, VII, 55–82 20. Peter J. Beck (2017), ‘Antarctica and the United Nations’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 17, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 255–68 21. Rüdiger Wolfrum (2017), ‘Common Interest and Common Heritage in Antarctica’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 142–51 PART III ARCTIC 22. J.A. Beesley (1971), ‘Rights and Responsibilities of Arctic Coastal States: The Canadian View’, Journal of Maritime Law and Commerce, 3 (1), October, 1–12 23. David D. Caron (1993), ‘Toward an Arctic Environmental Regime’, Ocean Development and International Law, 24 (4), 377–92 24. Ivan L. Head (1963), ‘Canadian Claims to Territorial Sovereignty in the Arctic Regions’, McGill Law Journal, 9 (3), 200–226 25. J. Bruce McKinnon (1987), ‘Arctic Baselines: A Litore Usque Ad Litus’, Canadian Bar Review, 66 (1), March, 790–817 26. Donat Pharand (1992), ‘The Case for an Arctic Region Council and a Treaty Proposal’, Revue Générale de Droit, 23, 163–95 496 27. Timo Koivurova and Leena Heinämäki (2006), ‘The Participation of Indigenous Peoples in International Norm-Making in the Arctic’, Polar Record, 42 (221), 101–9 28. James Kraska (2009), ‘International Security and International Law in the Northwest Passage’, 42 (4), October, Vanderbilt Journal of Transnational Law, 1109–32 29. E.J. Molenaar (2012), ‘Current and Prospective Roles of the Arctic Council System Within the Context of the Law of the Sea’, International Journal of Marine and Coastal Law, 27 (3), 553–95 30. Edward T. Canuel (2015), ‘The Four Arctic Law Pillars: A Legal Framework’, Georgetown Journal of International Law, 46 (3), 735–64 31. David L. VanderZwaag (2014), ‘The Arctic Council and the Future of Arctic Ocean Governance: Edging Forward in a Sea of Governance Challenges’, in Tim Stephens and David L. VanderZwaag (eds), Polar Oceans Governance in an Era of Environmental Change, Chapter 16, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 308–38 32. Nigel Bankes and Elizabeth Whitsitt (2015), ‘Arctic Marine Mammals in International Environmental Law and Trade Law’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 185–206 33. Ted L. McDorman and Clive Schofield (2015), ‘Maritime Limits and Boundaries in the Arctic Oceans: Agreements and Disputes’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 10, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 207–26 PART IV BIPOLAR LEGAL ISSUES 34. Robert D. Hayton (1958), ‘Polar Problems and International Law’, American Journal of International Law, 52 (4), October, 746–65 35. Christopher C. Joyner (1991), ‘Ice-Covered Regions in International Law’, Natural Resources Journal, 31, Winter, 213–42 36. Oscar Svarlien (1960), ‘The Sector Principle in Law and Practice’, Polar Record, 10, 248–63 37. Stuart B. Kaye (2004), ‘Territorial Sea Baselines Along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea’, Ocean Development and International Law, 35, 75–102 38. Duncan French and Karen Scott (2009), ‘International Legal Implications of Climate Change for the Polar Regions: Too Much, Too Little, Too Late?’, Melbourne Journal of International Law, 10 (2), 631–54 39. Aldo Chircop (2016), ‘Jurisdiction over Ice-Covered Areas and the Polar Code: An Emerging Symbiotic Relationship?’, Journal of International Maritime Law, 22, 275–90 Index

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Book SynopsisWith a considerable influence on national and international legislators, courts, public administrators and private companies, environmental principles ? such as the polluter-pays principle, sustainable development or the precautionary principle ? play an important role in the making, application and the interpretation of environmental law. As a key part of the Elgar Encyclopedia of Environmental Law, this comprehensive volume provides detailed coverage of all of the important environmental principles and offers unique insights as well as wider reflection on the role played by principles. With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet. As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators.Contributors include: A. Aaragao, M. Alberton, S. Atapattu, V. Barral, B. Boer, N. Craik, C. Dalhammar, J. Darpö, N. de Sadeleer, O. Dubovik, L.-A. Duvic-Paoli, T. Fajardo del Castillo, R. Fowler, M. Führ, M. Gestri, G. Handl, M. Hedemann-Robinson, S. Khan, R. Kibugi, S. Kingston, V. Koester, L. Krämer, K. Kulovesi, R. Lefeber, R. Macrory, C.W. Malcomb, G.J. Martin, E. Meidinger, I. Michallet, B. Milligan, M. Montini, E. Morgera, D.M. Ong, E. Orlando, A. Panovic, O. Pedersen, M. Peeters, M. Prieur, A. Proelss, L. Rajamani, C. Redgwell, M. Reese, A. Röhricht, G. Roller, J. Schenten, P. Schwartz, D. Spitzer, T. Stephens, H. Strydom, P. Taylor, E. Tsioumani, J.B. Wiener, G. Winter, Y. ZhaoTrade Review'The book exposes the richness, diversity and dynamics of environmental principles in international and national law regarding their legal status, practical role in the legal system and substantive meaning. It also draws the attention of the reader to the gap that exists between the legal aspirations associated with environmental principles and their limited practical impact on environmental policy and the state of the environment world-wide.' --Eckard Rehbinder, Goethe University Frankfurt, Germany'Everything you need to know about environmental principles in one easily accessible book. An essential resource for all who seek to protect the environment and all who will have an impact on the environment as part of their work.' --Sharon Beder, author of Environmental Principles and Policies 'Principles of Environmental Law is a superb exposition of the norms that guide the environmental conduct of States and their governmental agencies, courts, intergovernmental organizations and ultimately humans. The distinguished contributors reflect all legal traditions and provide profound assessment for the breadth of principles presented.' --Nicholas A. Robinson, Pace University, USTable of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yve Le Bouthillier Foreword to Volume VI Michael Faure Introduction to Volume VI – Ludwig Kramer and Emanuela Orlando Part I General Concepts 1. Principles and rules Gilles Martin 2. The History and evolution of legal principles concerning the environment Ben Milligan and Richard Macrory 3. Environmental law principles and general principles of international law Teresa Fajardo del Castillo 4. Environmental principles and the right to a quality environment Ben Boer Part II The Principles, Existing and Emerging 5. Sovereignty of States over their natural resources – Marco Gestri 6. Responsibility not to cause transboundary environmental harm René Lefeber 7. The Principle of Sustainable development Virginie Barral 8. Sustainable use of natural resources Catherine Redgwell 9. Sustainable production and consumption (SPC) Martin Führ and Julian Schenten 10. The Principle of integration Massimiliano Montini 11. Equity and the interest of future generations Isabelle Michallet 12. Principle of prevention Leslie-Anne Duvic Paoli 13. Precautionary principle Jonathan Wiener 14. The principle of fighting environmental harm at source Ludwig Kramer 15. Environmental impact assessment Neil Craik 16. Extended producer responsibility Carl Dalhammar 17. The proximity principle Moritz Reese 18. Substitution : From Alternatives to ecological proportionality Gerd Winter 19. The Principle of non-regression Michel Prieur 20. Polluter pays principle Priscilla Schwartz 21. Liability Emanuela Orlando International cooperation 22. Common but differentiated responsibilities Lavanya Rajamani 23. Common heritage of mankind and common concern of humankind Prue Taylor 24. Fair and equitable benefit-sharing Elisa Morgera 25. Prior informed consent Gerhard Roller Good governance 26. Access to Information and Transparency Attila Pánovics 27. Public participation in environmental decision-making Elsa Tsioumani 28. Principle 10 and Access to justice Jan Darpö Part III Geographical Differentiation of Principles 29. Environmental principles in US and Canadian Law Errol Meidinger, Daniel Spitzer and Charles Malcomb 30. Environmental principles in China Yuhong Zhao 31. Principles of Russian environmental Law Olga Doubovik and Alla Roehricht 32. Environmental principles in the EU Alexandra Aaragao 33. Environmental principles in Asia Sumudu Atapattu 34. Environmental principles in Australia Rob Fowler 35. Environmental principles in Africa Hennie Strydom Part IV The Principles in International Environmental Agreements 36. Environmental principles in international climate change law Marjan Peeters 37. Environmental principles in maritime and fresh water agreements Mariachiara Alberton 38. Environmental principles and concepts in biodiversity treaties Veit Koester Part V The Principles in Court 39. Environmental principles and the International Court of Justice Tim Stephens 40. Environmental principles and ITLOS Alexander Proelss 41. Environmental principles and the European Court on Human Rights Ole Pedersen 42. Environmental principles and the EU Court of Justice Ludwig Krämer 43. The Precautionary Principle in WTO Law Nicolas de Sadeleer Part VI The principles in international practice 44. Common but Differentiated Responsibilities in a North-South Context: Assessment of the Evolving Practice under Climate Change Treaties Robert Kibugi 45. The integration of environmental principles into the policy and practice of multilateral development banks Gunther Handl 46. Environmental principles in trade relations Kati Kulovesi and Sabaa Kahn 47. Environmental principles in international investment law David Ong 48. Enforcement and sanctions Martin Hedemann-Robinson 49. Environmental principles and environmental disputes and their settlement Suzanne Kingston Index

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Book SynopsisGovernments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners. Contributors include: A.D.K. Abelkop, C. Coglianese, M.A. Cohen, D.H. Cole, C.M. Correa, N. de Sadeleer, R.C. Feiock, P.Z. Grossman, N. Gunningham, S. Hayes Richards, M. Howlett, S.-L. Hsu, B. Huber, O. Karassin, B.C. Karkkainen, S.E. Light, L.M.J. McCann, J.E. Milne, I. Mukherjee, E.W. Orts, O. Perez, K.R. Richards, T.M. Roberts, A. Rowell, S. Roy, J.P. Shimshack, H. Sigman, D. Sinclair, S. Starobin, S.E. Weishaar, E. Woerdman, H. Yi, J. van ZebenTrade Review'This is an impressive book, edited and written by many leading colleagues in the field internationally. It reflects upon the wide variety of policy instruments governments nowadays have at their disposal to develop and implement environmental, energy, climate and sustainability policies. Their work shows that many governments still have not managed to get their act together on this. This volume will therefore be a beacon of light in the dark.' --Kurt Deketelaere, KU Leuven, Belgium'In this important volume, the editors - Kenneth Richards and Josephine van Zeben - have assembled an impressive set of entries that provide a remarkably comprehensive description and assessment of the diverse set of policy instruments which can be used by governments to achieve their environmental objectives in the face of market failures.' --Robert N. Stavins, Harvard University, USTable of ContentsContents: Foreword to the Encyclopedia Foreword to Volume VIII Introduction to Volume VIII: Instruments for environmental policy Kenneth R. Richards and Josephine Van Zeben PART 1 - General Issues in Environmental Policy Instruments 1. Governmental environmental action: legal bases And restraints Josephine Van Zeben 2. Beyond compliance costs: comparing the total costs of alternative regulatory instruments Daniel H. Cole and Peter Z. Grossman 3. Public and private interactions in global environmental governance Orr Karassin and Oren Perez 4. Distributional concerns in environmental policy instruments Suryapratim Roy 5. Monitoring, enforcement, and the choice of environmental policy instruments Mark A. Cohen and Jay P. Shimshack 6. Designing public participation in the policy process: a critical review of procedural instrument theory Michael Howlett and Ishani Mukherjee 7. Politics and policy instrument choice Richard C. Feiock and Hongtao Yi 8. Behavioural instruments in environmental regulation Arden Rowell 9. Transaction costs considerations in instrument choice, design and implementation Laura M.J. McCann PART 2 - Examining the Environmental Policy Instruments 10. The range of policy instruments Kenneth R. Richards Instruments to Change Behavior 11. Explaining the persistence of ‘command-and-control’ in US environmental law Daniel H. Cole 12. Environmental taxes Janet E. Milne 13. Prices versus quantities Shi-Ling Hsu 14. Subsidies and the environment Tracey M. Roberts 15. Public and private procurement in environmental governance Sarah E. Light and Eric W. Orts 16. The role of tort law in environmental and public health governance Adam D.K. Abelkop 17. Property rights Bruce Huber 18. Emissions trading: design, diffusion and drawbacks Edwin Woerdman Instruments to Create and Disseminate Information 19. Patents as environmental policy instruments Carlos M. Correa 20. Management-based regulation Cary Coglianese and Shana Starobin 21. Mandated information – reporting Bradley C. Karkkainen Instrument Mixes, Hybrids, and Blends 22. Environmental offset programmes Kenneth R. Richards 23. Regulatory pluralism and regulatory mix Neil Gunningham and Darren Sinclair 24. Voluntary environmental agreements Stephanie Hayes Richards and Kenneth R. Richards 25. Deposit-refunds Hilary Sigman International Issues in Policy Instruments 26. Linking of climate change policies Stefan E. Weishaar 27. Environmental protection through legal acts and instruments by the European Union Nicolas de Sadeleer Index

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Book SynopsisConcerns have arisen in recent decades about the impact of climate change on human mobility. Many people affected by climate change are forced or otherwise decide to migrate within or across international borders. Despite its clear importance, many questions remain open regarding the nature of the climate-migration nexus and its implications for laws and institutions. In the face of such uncertainty, this Research Handbook offers a comprehensive picture of laws and institutions relevant to climate migration and the multiple, often contradictory perspectives on the topic.Carefully edited chapters by leading scholars in the field provide a cross section of the various debates on what laws do, can do and should do in relation to the impacts of climate change on migration. A first part analyses the relations between climate change and migration. A second part explores how existing laws and institutions address the climate-migration nexus. In the final part, the chapters discuss possible ways forward.This timely Research Handbook provides much-needed insight into this complex issue for graduate and post-graduate students in climate change or migration law. It will also appeal to students and scholars in political science, international relations, environmental studies and migration studies, as well as policymakers and advocates.Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett, M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville, C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C. Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S. Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D. Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A. Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M. WymanTrade Review'The breadth and depth this book brings to the legal issues surrounding climate-related displacement and migration are simply unmatched. The contributors explain the conceptual difficulties in identifying ''climate migrants,'' analyze the weaknesses in the current legal and institutional framework, identify gaps, and propose innovative solutions. The volume should be read by everyone interested in the topic, from those learning about it for the first time to policymakers trying to address one of the most difficult challenges climate change poses.' --John H. Knox, UN Special Rapporteur on Human Rights and the Environment and Wake Forest University, School of Law, US'While many publications on the climate change-migration nexus present a specific and oftentimes narrow approach to this topic, Mayer and Crépeau succeed in bringing together a wealth of different and sometimes contradicting perspectives. The Research Handbook is a comprehensive and thought-provoking collection of high-quality contributions and thus essential reading for everyone interested in the current state of art in a field that addresses one of the biggest challenges of the 21st century.' --Walter Kälin, University of Bern, GermanyTable of ContentsContents: 1. Introduction Benoît Mayer and François Crépeau, Part I Perspectives on the climate-migration nexus 2. Climate-related migration and its linkages to vulnerability, adaptation, and socio-economic inequality: evidence from recent examples Robert McLeman 3. ‘Climate-induced migration’: ways forward in the face of an intrinsically equivocal concept Calum T.M. Nicholson 4. Representation and misrepresentation of climate migrants Carol Farbotko Part II Existing laws and institutions 5. The inadequacy of international refugee law in response to environmental migration Christel Cournil 6. The relevance of the Guiding Principles on Internal Displacement for the climate change-migration nexus Elizabeth Ferris 7. Climate Change, Human Rights and Migration: A Legal Analysis of Challenges and Opportunities Siobhán McInerney-Lankford 8. Indigenous peoples, climate migration and international human rights law in Africa, with reflections on the relevance of the Kampala Convention Ademola Oluborode Jegede 9. International Climate Change Law Perspectives Maxine Burkett 10. Displacement Due to Responses to Climate Change: The Role of a Rights-Based Approach Sébastien Jodoin, Kathryn Hansen and Caylee Hong 11. Climate change, migration and the law of State responsibility Benoit Mayer 12. Regional responses to climate change and migration in Latin America Erika Pires Ramos and Fernanda de Salles Cavedon Capdeville 13. Organizational perspectives: International Organization for Migration’s role and perspectives on climate change, migration and the law Gervais Appave, Alice Sironi, Mariam Traore Chazalnoel, Dina Ionesco and Daria Mokhnacheva 14. Organizational Perspective from the International Labour Organization Sophia Kagan, Meredith Byrne and Michelle Leighton 15. Engaging the media on climate-linked migration Alex Randall Part III Ways forward? 16. Ethical Duties to Climate Migrants Katrina M. Wyman 17. When climate-induced migration meets loss and damage: a weakening agenda-setting process? Chloé Anne Vlassopoulos 18. The refugees of the Anthropocene François Gemenne 19. Towards a Global Governance System to Protect Climate Migrants: Taking Stock Frank Biermann and Ingrid Boas 20. Towards a Climate Change Displacement Facility Ilona Millar and Kylie Wilson 21. Towards an extension of complementary protection? Susan F. Martin 22. Afterword James C. Hathaway Index

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Book SynopsisEnergy security is a burning issue in a world where 1.4 billion people still have no access to electricity. This book is about finding solutions for energy security through the international trading system. Focusing mainly on the European Union as a case study, this holistic and comprehensive analysis of the existing legal and geopolitical instruments strives to identify the shortcomings of the international and EU energy trade governance systems, concluding with the notion of a European Energy Union and what the EU is politically prepared to accept as part of its unified energy security.This snapshot of multilateral, regional and bilateral energy trade governance deals with energy transit from the perspective of the Energy Charter Treaty as a means to enhance EU energy security, and examines the system of law and governance of international trade in unconventional fossil fuels. The authors analyze concerns that arise from preferential trade agreements and renewable energy from the EU's perspective, and explain how the EU can diversify its energy supply to improve its energy security.This book will be of interest to students, scholars, lawyers, economists, policymakers, and think tanks dealing with the links between energy security and international trade, as well as those communities relating to other energy-related disciplines.Table of ContentsContents: 1. Overview 2. Multilateral, Regional and Bilateral Energy Trade Governance 3. Energy Transit 4. Unconventional Fossil Fuel Sources and EU Energy Security 5. Renewables, Preferential Trade Agreements and EU Energy Security 6. Diversifying EU Energy Supply to Improve EU Energy Security 7. The Creation of the European Energy Union Index

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Book SynopsisThis timely book provides a critical examination of the policies and laws governing EU marine fisheries and the shortcomings of the 2013 Common Fisheries Policy (CFP) reform. In particular it considers how reform is impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of the Justice's interpretation of principles unique to the sector. The author discusses how the damaging effects of fishing could be ameliorated if the Court were to align fishery values with general principles of the law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.The limited development of the CFP beyond the minimal requirements of international law is considered together with the role of the Court in sidelining scientific advice. The book provides a unique exploration of how these barriers to sustainability are compounded by regulatory capture and the public interest in fish resources being unrecognized. Ultimately, the author proposes that the incoherence of the management regime be redressed through market-based reforms and the application of the user-pays principle.This book will be of keen interest to lawyers, environmentalists, policy-makers and marine scientists who are interested in marine fishery management, marine environmental protection, and marine sector economic sustainability. It will also appeal to those involved in developing trans-disciplinary platforms to promote marine resource sustainability.Trade ReviewThis is a fascinating study in which the Common Fisheries Policy in the EU is discussed in an integrated and critical manner using an interdisciplinary approach. The book provides a critical reflection on the current structure of the Common Fisheries Policy and also proposes fundamental reforms in order to better integrate environmental protection into marine management. The book provides valuable insights not only on the structure of the current Common Fisheries Policy but also for the future policy agenda. --Michael Faure, Professor of Comparative and International Environmental Law, Maastricht University, the NetherlandsBiologists have long wondered why the EU fisheries policy and practice is in such a mess despite receiving much sound scientific advice. Jill Wakefield shows clearly and readably how this came about and how change could be made which would ensure sustainable exploitation and serve the people of the EU. Let us see whether the EU is capable of change! --Charles Sheppard OBE, Emeritus Professor, University of Warwick, UKTable of ContentsContents: 1. Introduction 2. International Treaties and Instruments: The Right to Exploit the Living Marine Resource 3. The Reform of the Common Fisheries Policy 4. The Reform of the Common Fisheries Policy: Good Governance 5. Precautionary Fishing 6. Sustainable Fishing 7. Ecosystem Management: Integrating Environmental Protection Into Marine Management 8. The EU’s Use of Market-Based Instruments to Plug a Regulatory Gap 9. Alternative Solutions 10. Change for Sustainability Index

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Book SynopsisThis textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic.Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.Trade Review‘International Environmental Law: Text, Cases and Materials by Malgosia Fitzmaurice, Meagan S. Wong and Joseph Crampin provides the perfect teaching tool for international environmental law. The breadth of topics covered and the excellent content of its substance makes this an essential source for students, practitioners and all interested in international environmental law.’ -- Dr Nilüfer Oral, Director, NUS Centre for International Law and Member, International Law Commission‘International Environmental Law: Text, Cases and Materials is a long overdue book in the academic and practitioners’ world. Three distinguished jurists present a comprehensive publication covering the main areas of interest for all persons wishing to learn about the role and place of International Law in environmental discussions, negotiations and regimes’ setting. The legal elements influencing and shaping the treatment of the marine environment, the protection of the atmosphere and climate change, among other subjects, are presented in a well-structured and clear manner. Experts, practitioners, students, and professors from different backgrounds, will be pleased to use this book as a reference in their working activities and will find in it a source of inspiration. Spanning from principles and approaches to the multiple relationships with other branches of international law in the field of trade and armed conflicts, this book reflects the fertile process of affirmation and development of international law in our contemporary world.’‘A wonderfully accessible and necessary collection of essential materials in one of the most vital and dynamic fields of international law – this fine and intelligent editorial exercise will be of great utility to students, scholars and practitioners, a reminder of the vibrancy and depth of our efforts to protect our environment, and the challenges along the paths yet to be travelled.’ -- Professor Philippe Sands QC, University College London, UKTable of ContentsContents: Preface 1. Introduction PART I GENERAL PRINCIPLES AND APPROACHES 2. Sustainable development 3. Permanent sovereignty over natural resources 4. Prevention of transboundary harm 5. The precautionary principle 6. Polluter-pays principle 7. Intergenerational equity 8. The human right to a healthy environment 9. Environmental impact assessment PART II SUBSTANTIVE LAW 10. Protection of the marine environment 11. Conservation of marine living resources 12. Biodiversity and marine biodiversity 13. The law of international watercourses 14. Management of hazardous waste 15. Atmospheric protection 16. Climate change PART III IMPLEMENTATION AND ENFORCEMENT 17. Responsibility and liability for environmental damage 18. Non-compliance procedures 19. The settlement of environmental disputes PART IV ENVIRONMENTAL LAW AND INTERNATIONAL LAW 20. Trade and the environment 21. The protection of the environment in armed conflict Index

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Book SynopsisThis textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic.Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.Trade Review‘International Environmental Law: Text, Cases and Materials by Malgosia Fitzmaurice, Meagan S. Wong and Joseph Crampin provides the perfect teaching tool for international environmental law. The breadth of topics covered and the excellent content of its substance makes this an essential source for students, practitioners and all interested in international environmental law.’ -- Dr Nilüfer Oral, Director, NUS Centre for International Law and Member, International Law Commission‘International Environmental Law: Text, Cases and Materials is a long overdue book in the academic and practitioners’ world. Three distinguished jurists present a comprehensive publication covering the main areas of interest for all persons wishing to learn about the role and place of International Law in environmental discussions, negotiations and regimes’ setting. The legal elements influencing and shaping the treatment of the marine environment, the protection of the atmosphere and climate change, among other subjects, are presented in a well-structured and clear manner. Experts, practitioners, students, and professors from different backgrounds, will be pleased to use this book as a reference in their working activities and will find in it a source of inspiration. Spanning from principles and approaches to the multiple relationships with other branches of international law in the field of trade and armed conflicts, this book reflects the fertile process of affirmation and development of international law in our contemporary world.’‘A wonderfully accessible and necessary collection of essential materials in one of the most vital and dynamic fields of international law – this fine and intelligent editorial exercise will be of great utility to students, scholars and practitioners, a reminder of the vibrancy and depth of our efforts to protect our environment, and the challenges along the paths yet to be travelled.’ -- Professor Philippe Sands QC, University College London, UKTable of ContentsContents: Preface 1. Introduction PART I GENERAL PRINCIPLES AND APPROACHES 2. Sustainable development 3. Permanent sovereignty over natural resources 4. Prevention of transboundary harm 5. The precautionary principle 6. Polluter-pays principle 7. Intergenerational equity 8. The human right to a healthy environment 9. Environmental impact assessment PART II SUBSTANTIVE LAW 10. Protection of the marine environment 11. Conservation of marine living resources 12. Biodiversity and marine biodiversity 13. The law of international watercourses 14. Management of hazardous waste 15. Atmospheric protection 16. Climate change PART III IMPLEMENTATION AND ENFORCEMENT 17. Responsibility and liability for environmental damage 18. Non-compliance procedures 19. The settlement of environmental disputes PART IV ENVIRONMENTAL LAW AND INTERNATIONAL LAW 20. Trade and the environment 21. The protection of the environment in armed conflict Index

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Book Synopsis'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.'- David Grinlinton, Journal of Energy & Natural Resources LawThis timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance.Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotzé, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. WentzTrade Review'The book brings together scholars from all over the world to address issues of energy governance and sustainability. It provides a unique insight into the nexus between theory, human rights constitutionalism, environmental justice and the practical application of energy policy and legislation ranging from energy supply, renewable energy, energy markets and financing to hydraulic fracturing and energy efficiency. The book brings perspectives from the developed and developing world and proposes recommendations on how the energy crisis can be addressed from a legal perspective. Although the book is written from a legal perspective, scholars and practitioners from other disciplines will also find the book insightful.' --Willemien Du Plessis, North-West University, South Africa'The IUCN Academy of Environmental Law has forged a global reputation as one of the leading forums for environmental law scholarship, as exemplified by this important new volume on energy governance. Professors Jaria i Manzano, Chalifour and Kotze have masterfully crafted an internationally diverse and thought-provoking account of the state of energy law and its future reform. For anyone concerned about addressing climate change, this book should be essential reading.' --Benjamin J. Richardson, University of Tasmania, Australia'Energy governance is a problem worldwide. Identification of causes, options and solutions are therefore very welcome. This book does this. It sketches the essential foundations for a sustainable energy governance, illustrated by different experiences and identifying governance gaps which have to be tackled. A job well done by the team of Jaria i Manzano, Chalifour and Kotze.' --Kurt Deketelaere, KU Leuven and Secretary-General, LERTable of ContentsContents: 1. Energy Governance — A Key Challenge in the Era of Globalization Jordi Jaria i Manzano, Nathalie J. Chalifour and Louis J. Kotzé PART I FOUNDATIONS 2. Germany’s ‘Energiewende’: What Can Environmental Law Scholarship Learn From it? Klaus Bosselmann 3. Ten Good Practices in Environmental Constitutionalism that can Contribute to Sustainable Shale Gas Development James R. May and Erin Daly 4. Human Rights versus Human Needs: Debating the Language for Universal Access to Modern Energy Services Manuel Peter Samonte Solis 5. Using Social Science Perspectives on Risk to Implement an Environmental Justice Analysis Elodie Le Gal 6. Scaling Up Local Solutions: Creating an Enabling Legal Environment for the Deployment of Community-Based Renewable Microgrids Jessica Wentz and Chiara Pappalardo 7. Innovative Financing for Renewable Energy Richard L. Ottinger and John Bowie PART II EXPERIENCES 8. Energy and Smart Cities — Perspectives from a City-State, Singapore Lye Lin-Heng and Melissa Low 9. Judicial Perspectives on Renewable Energy and Climate Change Governance Trevor Daya-Winterbottom 10. A Reflection on Some Legal Aspects of Decision Control in the Energy Transition Process: A Comparison of France and Germany Anaïs Guerry 11. Learning from Europe: Some Ideas for the Energy Improvement of the US Existing Building Stock Teresa Parejo-Navajas 12. Sustainable Sewage Melissa K. Scanlan PART III GOVERNANCE GAPS 13. Environmentally Displaced Persons in the Niger Delta: Challenges and Prospects Eloamaka Carol Okonkwo 14. Agriculture, Energy and Development: An Uneasy Relationship Cristiane Derani Index

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Book SynopsisScarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights.Contributors include: N. Bankes, A. Belinskij, H. Coetzee, E. Couzens, M. Couzens, D. Curran, L. Dai, D. Fisher, E.J. Hollo, I. Kornfeld, L. Kotzé, T. Kuokkanen, S. Mascher, E.N. Nyanchaga, M. Onestini, T. Paloniitty, M. Reese, B. Schmidt, M. van Rijswick, P. VihervuoriTrade Review‘The book is to be considered as a scholarly work on water management law which will be useful for anyone interested in the conservation of water as well as proper management and allocation of water.’ -- Amrithnath SB, LEAD: Law, Environment and Development JournalTable of ContentsContents: INTRODUCTION The Concept and Traditions of Water Management Law Erkki J. Hollo PART I The role of public and private law in the context of water allocation 1. Common law and public domain approaches to water governance: an Australian perspective Douglas Fisher 2. A comparison of constitutional provisions on water-related rights in Southern African states Ed Couzens and Meda Couzens 3. Private and public ownership of water areas - structures and implications of the Finnish model Pekka Vihervuori 4. Human right to water: Argentine cases, Human rights – are they enforceable? Maria Onestini 5. Struggle for Water Rights between the Natives and the European Settlers: A Case Study of Njoro Kubwa Springs (1947-56) Ezekiel Nyangeri Nyanchaga PART II Models of water allocation 6. Towards a sustainable, balanced and equitable allocation of water use rights Liping Dai, Marleen van Rijswick and Bram Schmidt 7. The role of private property rights in Australia’s and Canada’s modern water allocation regimes Sharon Mascher and Deborah Curran 8. Recovery of costs for water uses at the different levels of water law Antti Belinskij PART III Transboundary water management 9. Tensions and relationships in international water law Tuomas Kuokkanen 10. The Columbia River Treaty between Canada and the United States of America – time for change? Nigel Bankes 11. Kansas v. Colorado: state sovereignty and the equitable allocation of water Itzchak E. Kornfeld PART IV Water allocation under the threat of environmental destruction 12. Climate change adaptation in water management - Regulatory challenges and approaches Moritz Reese 13. Regulatory Framework of China’s Water Quality Management Liping Dai 14. Does It Take Three to Tango? The Practitioner’s Viewpoint to Three EU Governance Instruments Addressing the Agricultural Runoff Dilemma Tiina Paloniitty 15. Shale gas development and water in South Africa: regulatory aspects Hennie Coetzee and Louis J. Kotzé Index

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Book SynopsisThis thought-provoking book stimulates dialogue and action on the role of global ethics in the governance of both individual societies and the international order. Such inquiry is imperative given the extraordinary challenges that face the world today. Calling for a renewed discussion on global ethics, this unique book responds to two seminal texts on global ethics and the promise of the Earth Charter written by J. Ronald Engel whose pioneering work continues to influence the debate over democracy's place in the Anthropocene. It aims to inspire an active movement that can reclaim the moral high ground and motivate the vision of a just, sustainable future. Leading figures in environmental ethics, philosophy and law approach questions surrounding global ethics and governance from a range of cultural and philosophical perspectives. Emphasis is placed on the role that ''declarations'' such as the Earth Charter can play in this work, alongside the importance of deepening global dialogues. The Crisis in Global Ethics and the Future of Global Governance will appeal to students and academics working in the fields of law, philosophy and the social sciences, as well as community groups endorsing the Earth Charter and global initiatives.Trade Review'The scholars in this book have stepped forward in this volume to continue the debate about the global ethics movement, its recent triumphs, failures and, above all, challenges ahead. Anyone concerned with the dignity of the human race and the majesty of Planet Earth, and the contemporary threats to both, will find the intellect and wisdom in the book pleasurably spiritual and absorbing.' --Parvez Hassan, Hassan and Hassan, PakistanTable of ContentsContents: 1. Editors Preface 2. Fulfilling the Promise of the Earth Charter Part I The Call for a New Democratic Earth Covenant 3. Summons to a New Axial Age: The Promise, Limits and Future of the Earth Charter J. Ronald Engel 4. Can the Earth Charter Movement Be Renewed? The Covenantal Promise of the Earth Charter Movement J. Ronald Engel Part II Responses 5. Towards a World Constitutional Order Klaus Bosselmann 6. From Stardust to Sacred Sands: Protecting Life on Earth through a Human Story of Ethics, Care, and the Cosmos Kathryn A. Gwiazdon 7. The Earth Charter Facing the Anthropocene Epoch Holmes Rolston III 8. Rethinking Global Ethics in the Anthropocene Peter D. Burdon 9. Earth Law into the Anthropocene Nicholas A. Robinson 10. Governing Ecological Governance in the Anthropocene: A New Covenant of Eco-communitarianism Bruce Jennings 11. Promising the Earth: The Need for Engelian Convenant-Making in the Anthropocene Brendan Mackey and Nicole Rogers 12. Global Ethics and the Earth Charter Nigel Dower 13. J. Ronald Engel’s Vision for Achieving a Sustainable World Donald A. Brown 14. From the Earth Charter to the Ecozoic Peter D. Brown 15. The Quest for Democracy Laura Westra 16. Answering the Summons: Contemporary Prospects for Global Dialogue Stephen Rowe 17. Global Charters and Covenants for the Flourishing of Life: A Subaltern Ethical Critique George Zachariah 18. Rewilding the Covenant of Life with Compassion: A Future for Global and Sustainability Ethics William S. Lynn 19. Revisiting the Earth Charter 20 Years Later: A Response to Ron Engel Richard Falk 20. Keeping Faith with Life Prue Taylor 21. Promoting Global Ethics: The Earth Trusteeship Initiative Klaus Bosselmann and Prue Taylor 22. Full text of the Earth Charter 23. Author notes Index

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Book SynopsisLaw of the Environment and Armed Conflict discusses the most important and influential research articles relating to the protection of the environment in armed conflict. This research review plots the trajectory of research on this issue from early weapons impacts and the Vietnam War, to the first major challenge for wartime environmental protections in the Gulf Conflict, liability for harm and possible future directions.Trade Review‘This book is the perfect introduction and research tool for all of us that wish to understand the most pertinent issues relating to law of the environment and armed conflict. The compilation is skilfully composed by one of the absolute authorities in the field, Professor Karen Hulme. Through the selection of articles she takes the reader on a historic journey, unveiling the contemporary legal and political context, including the connection between international disarmament law and the law of armed conflict. The contributions discussing the example of the Iraq-Kuwait War – brings the reader into the modern discourse and it is skilfully complemented by contributions on the role of customary international law, gaps and possibilities in current law as well as responsibility for wartime environmental damage. In the last section of the book, Professor Hulme ties it all together by, once again, including contributions that are placed in a modern legal and political context - as well as a look into the future. This is indeed a book to welcome.’ -- Ambassador Marie Jacobsson, Former Member of the United Nations International Law Commission and Former Special Rapporteur for the topic Protection of the Environment in Relation to Armed ConflictTable of ContentsContents: Acknowledgements Introduction Karen Hulme PART I THE RATIONALES FOR PROTECTION OF THE ENVIRONMENT IN ARMED CONFLICT 1. Arthur H. Westing (1978), ‘Environmental Consequences of the Second Indochina War: A Case Study’, Ambio: War and Environment: A Special Issue, 4 (5/6), 216–22 2. Malvern Lumsden (1975), ‘“Conventional” War and Human Ecology’, Ambio: War and Environment: A Special Issue, 4 (5/6), 223–8 3. Geoffrey Best (1987), ‘The Historical Evolution of Cultural Norms Relating to War and the Environment,’ in Arthur H. Westing (ed.) Cultural Norms, War and the Environment, Chapter 2, Oxford, UK: Oxford University Press, 18–28 4. Merrit P. Drucker (1989), ‘The Military Commander’s Responsibility for the Environment’, Environmental Ethics, 11 (2), Summer, 135–52 5. Major Bernard K. Schafer (1989), ‘The Relationship Between the International Laws of Armed Conflict and Environmental Protection: The Need to Reevaluate what Types of Conduct are Permissible During Hostilities’, California Western International Law Journal, 19 (2), 287–325 [39] PART II EARLY DIRECTIONS 6. Emanuel Margolis (1955), ‘The Hydrogen Bomb Experiments and International Law’, Yale Law Journal, 64 (5), April, 629–47 7. Richard A. Falk (1973), ‘Environmental Warfare and Ecocide – Facts, Appraisal and Proposals’, Security Dialogue, 4 (1), March, 80–96 8. Jozef Goldblat (1977), ‘The Environmental Warfare Convention: How Meaningful is it?’, Ambio, 6 (4), 216–21 9. Hans Blix (1984), ‘Arms Control Treaties Aimed at Reducing the Military Impact on the Environment’, in Jerzy Makarczyk (ed.), Essays in International Law in Honour of Judge Manfred Lachs, The Hague, the Netherlands: Martinus Nijhoff Publishers, 703–16 PART III THE ADVENT OF ADDITIONAL PROTOCOL I 10. George H. Aldrich (1986), ‘Progressive Development of the Laws of War: A Reply to Criticisms of the 1977 Geneva Protocol I’, Virginia Journal of International Law, 26 (3), 693–720 11. Waldemar A. Solf (2013), ‘Article 35–Basic Rules’, in Michael Bothe, Karl Josef Partsch and Waldemar A. Solf (eds) with the collaboration of Martin Eaton, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, 2nd edition, Reprint revised by Michael Bothe, The Hague, the Netherlands: Martinus Nijhoff Publishers, 222–8 12. Waldemar A. Solf (2013), ‘Article 55–Protection of the Natural Environment’, in Michael Bothe, Karl Josef Partsch and Waldemar A. Solf (eds) with the collaboration of Martin Eaton, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, 2nd edition, Reprint revised by Michael Bothe, The Hague, the Netherlands: Martinus Nijhoff Publishers, 385–90 PART IV THE LAW’S FIRST TEST: ANALYZING THE GULF CONFLICT 13. Betsy Baker (1993), ‘Legal Protections for the Environment in Times of Armed Conflict’, Virginia Journal of International Law, 33, April, 351–83 14. Adam Roberts (1992), ‘Environmental Destruction in the 1991 Gulf War’, International Review of the Red Cross, 32 (291), December, 538–53 15. Michael Bothe (1991), ‘The Protection of the Environment in Times of Armed Conflict: Legal Rules, Uncertainty, Deficiencies and Public Developments’, German Yearbook of International Law, 34, 54–62 16. Paul Fauteux (1992), ‘The Gulf War, the ENMOD Convention and the Review Conference’, United Nations Institute for Disarmament Research Newsletter, 18, July, 6–12 17. Christopher York (1991), ‘International Law and the Collateral Effects of War on the Environment: The Persian Gulf’, South African Journal on Human Rights, 7, 269–90 18. Hans–Peter Gasser (1995), ‘For Better Protection of the Natural Environment in Armed Conflict: A Proposal for Action’, American Journal of International Law, 89 (3), July, 637–44 19. Wolff Heintschel von Heihegg and Michael Donner (1994), ‘New Developments in the Protection of the Natural Environment in Navel Armed Conflicts’, German Yearbook of International Law, 37, 281–314 20. Peter H. Sand (2005), ‘Compensation for Environmental Damage from the 1991 Gulf War’, Environmental Policy and Law, 35 (6), 244–9 PART V THE CUSTOMARY INTERNATIONAL HUMANITARIAN LAW STUDY 21. Jean-Marie Henckaerts and Louise Doswald-Beck (2005) ‘The Natural Environment’, in Customary International Humanitarian Law, Volume 1, Rules, Chapter 14, Cambridge, UK: Cambridge University Press, 143–58 22. Karen Hulme (2007), ‘Natural Environment’, in Elizabeth Wilmshurst and Susan Breau (eds), Perspectives on the ICRC Study on the Customary International Humanitarian Law, Chapter 8, Cambridge, UK: Cambridge University Press, 204–37 PART VI GAPS AND POSSIBILITIES IN THE CURRENT LAW 23. Wil D. Verwey (1995), ‘Protection of the Environment in Times of Armed Conflict: In Search of a New Legal Perspective’, Leiden Journal of International Law, 8 (1), 7–40 24. Peter J. Richards and Michael N. Schmitt (1999), ‘Mars Meets Mother Nature: Protecting the Environment During Armed Conflict’, Stetson Law Review, XXVIII, 1047–92 25. Karen Hulme (2010), ‘Taking Care to Protect the Environment Against Damage: A Meaningless Obligation?’, International Review of the Red Cross, 92 (879), September, 675–91 26. Michael Bothe, Carl Brunch, Jordan Diamond and David Jensen (2010), ‘International Law Protecting the Environment During Armed Conflict, Gaps and Opportunities’, International Review of the Red Cross, 92 (879), September, 569–92 27. Dieter Fleck (2013), ‘The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules’, Nordic Journal of International Law, Special Issue: War and the Environment, 82 (1), 7–20 PART VII WEAPONS AND THE ENVIRONMENT 28. Janet E. Lord (1995), ‘Legal Restraints in the Use of Landmines: Humanitarian and Environmental Crisis’, California Western International Law Journal, 25 (2), 311–55 29. Avril McDonald (2008), ‘Depleted Uranium Weapons: The Next Target for Disarmament’, Disarmament Forum, (3), 17–24 30. Hitoshi Nasu (2012), ‘Nanotechnology and Challenges to International Humanitarian Law: A Preliminary Legal Assessment’, International Review of the Red Cross, 94 (886), Summer, 653–72 PART VIII RESPONSIBILITY FOR WARTIME ENVIRONMENTAL DAMAGE 31. Christopher Greenwood (1996), ‘State Responsibility and Civil Liability for Environmental Damage Caused by Military Operations’, in Richard J. Grunawalt, John E. King and Ronald S. McClain (eds), Protection of the Environment During Armed Conflict, International Law Studies, 69, Chapter XXIII, Newport, RI: Navel War College, 397–415 32. Tara Weinstein (2005), ‘Prosecuting Attacks that Destroy the Environment: Environmental Crimes or Humanitarian Atrocities’, Georgetown International Environmental Law Review, 17 (4), Summer, 697–722 33. Carl E. Bruch (2001), ‘All’s Not Fair in (Civil) Law: Criminal Liability for Environmental Damage in Internal Armed Conflict’, Vermont Law Review, 25, 695–752 PART IX THE BROADER DEBATES AND RECENT DIRECTIONS IN THE RESEARCH 34. Brendan Kearns (2012), ‘When Bonobos Meet Guerillas: Preserving Biodiversity on the Battlefield’, Georgetown International Environmental Law Review, 24 (2), Winter, 123-68 35. Britta Sjöstedt (2013), ‘The Role of Multilateral Environmental Agreements in Armed Conflict: “Green-Keeping” in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo’, Nordic Journal of International Law, 82 (1), 129–53 36. Mara Tignino (2010), ‘Water, International Peace, and Security’, International Review of the Red Cross, 92 (879), September, 647-74 37. Silja Vöneky (2000), ‘A New Shield for the Environment: Peacetime Treaties as Legal Restraints of Wartime Damage’, Review of European Community and International Environmental Law, 9 (1), April, 20–32 38. Daniëla Dam-de-Jong (2013), ‘From Engines for Conflict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict’, Nordic Journal of International Law, 82 (1), 155–77 39. Carl Bruch, David Jensen, Mikiyasu Nakayama, Jon Unruh, Rebecca Gruby and Ross Wolfarth (2009), ‘Post-Conflict Peace Building and Natural Resources’, Yearbook of International Environmental Law, 19 (1), 58-96 Index

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Book SynopsisThis timely book focuses on achieving a sustainable future through the reform of green fiscal policy. Green fiscal policies help not only provide the needed financing but may also serve the Sustainable Development Goals adopted by the United Nations in 2015. In this volume environmental tax experts review the development of fiscal carbon policy, consider the impact of green taxation on trade and competition, analyze the lessons learned from national experiences with fuel and energy pricing, and evaluate a variety of green economic instruments.A comprehensive range of green economic instruments is evaluated, covering emissions trading schemes, energy tax systems, global natural resource consumption taxes and fiscal intervention. The contributions from leading environmental taxation scholars consider thought-provoking innovations in policy and law to deal with climate change and explore a range of fiscal strategies designed to mitigate the negative and maximise the positive effects of a carbon economy.This is a vital reference work for students and academics in environmental law, economics and sustainability, and will serve as an excellent guide for policy makers and those involved in fiscal reform.Contributors include: C. Brandimarte, J. Bruha, H. Bruhová-Foltýnová, L. del Federico, A. Gerbeti, S. Giorgi, E. Guglyuvatyy, S.-A. Joseph, C. Kettner, D. Kletzan-Slamanig, D. Leary, Y. Motoki, A. Naito, P. Pearce, V. Písa, N.P. Stoianoff, S.L. Tan, X. Wang, S. Wright, J. Wu, Z. YangTrade ReviewThis book clearly and helpfully lays out the political and institutional context in which climate policy has been made in countries around the world. Don't expect stylized theories here. There's reality instead, as convoluted as it comes.' --Richard S.J. Tol, University of Sussex, UK and Vrije Universiteit Amsterdam, the Netherlands'This is another collection of superb up-to-date commentary around the environment and environmental taxation specifically. As the world moves towards ever greater uncertainty and concern about the environment we need to project much more intellectual capital to persuading the still considerable number of disbelievers that we humans are warming the earth up and must do something to stop that happening. I commend this collection of papers and encourage everyone to spend some time reading the contents of this book.' --Chas Roy-Chowdhury, Association of Chartered Certified Accountants, UK'Readers with an interest in how climate mitigation policy is being designed in countries especially outside of Europe, including the extent to which market-based instruments are applied, will be richly rewarded by this volume. Providing novel insights on Australia, Japan, China, Latin America as well as European countries, it addresses more generically the feasibility of unilateral action in a globalized world committed to free trade.' --Mikael Skou Andersen, Aarhus University, DenmarkTable of ContentsContents: Preface Part I Fiscal Carbon Policy Development 1. A Good F.A.C.T. For Climate Change Mitigation Cristina Brandimarte 2. Tax Credit Hypothesis to Coordinate EU - ETS And EU Energy Tax System Lorenzo del Federico and Silvia Giorgi 3. Carbon Policy in Australia – A Political History Evgeny Guglyuvatyy and Natalie P. Stoianoff 4. Trends in the Greening of Energy and Vehicle Tax Systems - Japan and the EU Aya Naito and Yuko Motoki Part II Trade, Taxation and Sustainability 5. CO2 in Goods Agime Gerbeti 6. The Global Natural Resource Consumption Tax Sally-Ann Joseph 7. Potential Environmental Impacts of the Australia-South Korea Free Trade Agreement and Fiscal Intervention Seck L. Tan 8. The Impact of Environmental Taxes on Enterprise Behavior and Competitiveness – China’s iron and steel industry Jian Wu, Xiao Wang and Zhe Yang Part III National Experiences with Fuel and Energy Pricing 9. Distributional Effects of Motor Fuel Taxation in the Czech Republic Jan Brůha, Hana Brůhová-Foltýnová and Vítězslav Píša 10. Renewable Electricty Support in the EU – What Lessons Can Be Learned? Claudia Kettner and Daniela Kletzan-Slamanig 11. Protecting Australian Gas Resource and the Need to Reserve and Promote the Use of Natural Gas for Australian Industries Prafula Pearce Part IV Evaluating Green Economic Instruments 12. The Australian Renewable Energy Target Scheme: A Case Study of the Impact of Uncertainty on a Market Based Mechanism. David Leary 13. Economic Instruments in Pollution Law in New South Wales, Australia: A Case for Greater Use and Refinement Sarah Wright Index

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Book SynopsisOnly through a concerted global effort can we protect our natural resources, save our precious natural environment, and indeed our future. Pressures on our natural environment come from many directions, including overuse, mismanagement and contamination, all of which must be addressed through a range of measures as part of an international response. This much-needed book reviews and evaluates the use of market and fiscal instruments in protecting our natural resources, from rural to marine environments. The expert contributors emphasise the need to reduce greenhouse gas emissions to stem the tide of irreparable harm to our natural resources. Market instruments that are designed to protect the global atmosphere are evaluated, along with carbon instruments and environmental tax incentives. Meanwhile, consideration is given to shifting the tax burden to achieve environmentally responsible outcomes, balancing sustainable use and natural resource protection, and protecting water resources.Offering a comprehensive appraisal of market instruments and policy solutions for natural resource protection, this book is ideal for both policy makers and students and academics of environmental law, economics and sustainability. Contributors include: K. Bubna-Litic, B. Butcher, M.M. Callison, M. Cao, A.C. Cerqueira Duque, J. Cottrell, E. de Lemos Pinto Aydos, M. Dobranschi, F. Fortier, W. Gumley, M.L. Hymel, V. Johnston, C. Kettner, L. Kreiser, P. Lee, A. Lerch, D. Nerudova, S. Palassis, S. Rudolph, K. Schlegelmilch, H. Sprohge, R. TavallaliTrade Review‘Market Instruments and the Protection of Natural Resources is an interesting contribution to the literature on the use of economic instruments to address climate change, water pollution and natural resource management. The book contains a lot of factual information and touches upon a number of issues that can stimulate further debates. Geographically the book includes many concrete examples from both the Northern and Southern hemispheres.’ -- Nils Axel Braathen, OECD Environment Directorate, France‘The good management of vital natural resources is a key challenge for the future of both our wellbeing and our economies. The editors of this state-of-the-art volume have skillfully mapped out many of the key issues, with a comprehensive breadth of insights from a diverse, experienced, international and well-qualified group of contributors. This book is essential reading for those seeking a multifaceted and global assessment of the role of market and fiscal instruments in protecting natural resources.’ -- Michael D'Ascenzo, ATO, AustraliaTable of ContentsContents: Preface Part I Balancing Sustainable Use and Natural Resource Protection 1. The Use of Market Based Instruments in Protecting South Australia’s Marine Protected Areas Karen Bubna-Litic 2. A Bottom Up Approach to Developing REDD+ Programs in Brazilian States and California Ana Carolina Cerqueira Duque 3. Sowing the Seed of Change: Why Australia’s Land Sector Needs a Carbon Price to Encourage Mitigation of GHG Emissions and Promote Sustainable Land Use Vanessa Johnston Part II Protecting Water Resources 4. Fighting for Water: The Role of Federal Market Instruments in Addressing Water Issues the United States Mona L. Hymel 5. The Impact of Hydraulic Fracturing on Fresh Water Resources in the United States Hans Sprohge, Bill Butcher and Mary Margaret Callison and Larry Kreiser 6. Policy Instruments to Support Water Conservation and Support the Ecosystem: A California Example Rahmat Tavallali and Paul Lee Part III Shifting the Tax Burden to Effect Environmentally Responsible Outcomes 7. From Fossil Fuels to Renewable Energy: Subsidy Reform and Energy Transitions in African and Indian Ocean Island States Kai Schlegelmilch, Jacqueline Cottrell and Francois Fortier 8. Using Environmental Taxation to Improve Outcomes for e-waste in Australia Wayne Gumley 9. The Ad Unit and Ad Valorem Tax Burden Shifting and Its Impact on Pigovian Taxation in the European Union Member States Danuse Nerudova and Marian Dobranschi Part IV Evaluating Instruments that Protect the Global Atmosphere 10. Carbon Trading or Carbon Tax: Which is the More Feasible Solution to Climate Change from the perspective of China? Mingde Cao 11. Regulation of Ship-Sourced Carbon Dioxide Emissions: The Creation of Economic Instruments Stathis Palassis 12. Sectoral Allocation Patterns in the EU Emission Trading Scheme: Empirical Evidence and Outlook Claudia Kettner 13. Paris: The Dilemmas of International Climate Change Negotiations and the Role for Linked Emissions Trading Schemes in the Post 2020 Regime Elena de Lemos Pinto Aydos 14. Just ETS? Social Justice and Recent Reforms in EU and US Carbon Markets Achim Lerch and Sven Rudolph Index

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Book SynopsisThis pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.Trade Review'In this book Ruven Fleming has commendably captured some of the core legal issues in relation to shale gas development in the EU. It is a worthy read for energy law scholars who want to see how the EU is responding to this new development across the EU. Further, there are some interesting conclusions worthy of further debate and research for future scholars! A delightful addition to the literature!' --Raphael Heffron, Queen Mary University of London, UKTable of ContentsContents: Introduction PART I SHALE GAS, EU AND MEMBER STATE REGULATION 1. Shale Gas Extraction in a Nutshell - Technology, Issues, Benefits 2. Shale Gas and EU Law 3. Shale Gas and National Law PART II A NEW METHODOLOGY FOR ENERGY REGULATION: THE TRIAS OF OBJECTIVES, PRINCIPLES, RULES 4. Objectives and Shale Gas 5. Principles and Shale Gas 6. Rules and Shale Gas PART III CONCLUSIONS 7. Conclusions Bibliography Index

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Book SynopsisThe current political economic system is misaligned for meeting the global imperatives of rapidly reducing greenhouse gases and sharing wealth more equitably. This book makes the case for a new environmentalism that implements a systems change approach to reorient the economy to be more sustainable, just, and democratic. This book addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas - including energy, food, common pool resources, and the shifting of investments to capitalize locally-connected and mission-driven businesses. The contributors take the approach that these challenges are much broader than setting parameters around pollution, and indeed go to the heart of the dominant global political economy. The authors also explore the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy. Law and Policy for a New Economy: Sustainable, Just, and Democratic will be of interest to academics and scholars of environmental law, climate change, environmental studies, political ecology and environmental economics.Contributors include: S.H. Baker, D. Bollier, M. James, K.B. Jones, C.I. Magallanes, J. Orsi, J. Purdy, L. Ristino, M.K. Scanlan, L. Sheehan, J.G. Speth, J. Taub, D.R.H. Winters, M.C. WoodTrade Review'If the lawyers of the world don't find a way to accelerate the evolution of environmental law, we will all be guilty of planetary malpractice. This timely and provocative book sets up our challenge and starts us thinking of some possible solutions.' --Durwood Zaelke, Institute for Governance and Sustainable Development, US'Awareness raising is good and necessary; responsible consumption and investment is good and necessary; CSR is important and necessary; legal limits for pollutants and incentives for sustainable businesses are good and necessary; but all of them are not sufficient if our common goods such as a stable climate and healthy ecosystem do not find equal consideration in law as private property. In the ''next system,'' the common good will be as precisely defined and as vigorously protected by national and international law as private property and investment rights are today. I thank the authors for paving the path to a true system change.' --Christian Felber, Vienna University of Economics and Business, AustriaTable of ContentsContents: Foreword 1. Climate change, system change, and the path forward Melissa K. Scanlan Part I Paradigms for an Ecological Age 2. The joyful economy: rising up from the devastation of people and nature James Gustave Speth 3. Environmentalism for the next economy Jedediah Purdy 4. Reframing rights and responsibilities to prioritize nature Catherine Iorns Magallanes and Linda Sheehan 5. The Nature’s Trust paradigm for a sustaining economy Mary Christina Wood Part II Practical applications 6. Three legal principles for organizations rebuilding the commons Janelle Orsi 7. Reinventing law for the commons David Bollier 8. New hopes and hazards for social investment crowdfunding Jennifer Taub 9. Distributed renewables in the new economy: lessons from community solar development in Vermont Kevin B. Jones and Mark James 10. Unlocking the energy commons: expanding community energy generation Shalanda H. Baker 11. The decentralization of food policy and building a stronger food system Diana R.H. Winters 12. Legal democracy: using legal design, technology and communications to reform food and agriculture systems Laurie Ristino Index

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Book SynopsisEditor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S. Trade Review'Combating Climate Change with Section 115 of the Clean Air Act shows how a farsighted section of the Clean Air Act - the international air pollution provision - can provide the President with ample authority to achieve our global climate commitments, even in the absence of new legislation. Its carefully reasoned approach could be the basis for crafting an effective U.S. climate policy under existing law, and once again, make the United States a global leader in tackling the climate crisis.' --ohn Podesta, Former White House Chief of Staff and Founder of the Center on American Progress, US'Produced by an all-star team of top environmental lawyers, Combating Climate Change with Section 115 of the Clean Air Act offers a detailed action plan and legal foundation for taking on climate change using the existing - but untested - Clean Air Act regulatory authority to address international air pollution. Creative, comprehensive, and detailed, this book could well become the go-to guide for those who want to see the United States reassert a leadership role in response to the build-up of greenhouse gas emissions in the atmosphere.' --Dan Esty, Yale University, USTable of ContentsContents: Foreword ix Hon. Henry Waxman 1 Introduction 1 Michael Burger PART I CONTENT 2 The legislative history of Section 115 15 Philip S. Barnett 3 Section 115 in practice 41 Justin Gundlach 4 The environmental case for action under Section 115 62 Michael B. Gerrard 5 The economic case for action under Section 115 79 Jason Schwartz and Jayni Hein PART II DEFINITIONS 6 Judicial review in the new age of deference 101 Jonathan Z. Cannon 7 The Substantive elements of Section 115 125 Michael Burger and Daniel P. Selmi 8 Procedural reciprocity 153 Keith J. Benes 9 Substantive reciprocity 176 Ann E. Carlson 10 EPA’s nondiscretionary duties to act under Section 115 192 Cale Jaffe and Michael A. Livermore PART III IMPLEMENTATION 11 The Section 115 SIP call 208 Phil Barnett and Alexandra E. Teitz 12 Implementing Section 115 through the SIP revision process 239 Jared Snyder and Jessica Wentz 13 Transportation fuels and consumer natural gas 274 Jayni Foley Hein 14 Offsets 292 Jason Schwartz 15 Addressing carbon leakage in a Section 115 world 311 Greg Dotson Index

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Book SynopsisThis timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument.This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.Trade Review'This book is an essential resource for people who are thinking seriously about how to build border tax adjustments into environmental tax regimes. Working artfully at the complex intersection of tax law, environmental law and trade law, Pirlot provides a clear, thoughtful guide to the origin of theories, their evolution and their consequences for the design and use of environmental border tax adjustments - an important and impressive feat.' --Janet E. Milne, Vermont Law School'Environmental protection is now recognised as a universal concern. At the same time, the objective of sustainable development is recognized within the WTO and this has had an impact on our reading of many of the relevant WTO provisions. In her book, Dr Alice Pirlot offers a unique compilation of existing environmental taxes and fiscal mechanisms put in place to foster the protection of the environment. In addition, Dr Pirlot successfully explores their functioning and their political and legal impacts, while highlighting their benefits and impediments. This work will be extremely useful to practitioners and academics in our efforts to realise a world with equitable and sustainable development.' --Gabrielle Marceau, University of Geneva, Switzerland'For international trade lawyers, border tax adjustments have never gone away. For the wider legal and political community, they have only recently gained prominence. This volume analyses all relevant issues from a multidisciplinary, legal as well as economic angle. No better time to do it. No more appropriate author to write it.' --Geert van Calster, KU Leuven, BelgiumTable of ContentsContent: INTRODUCTION PART I From economic to environmental objectives: Looking back at the rationale of traditional BTAs and looking ahead to new paradigms 1. History and theoretical foundation of traditional BTAs 2. History and theoretical foundation of environmental BTAs PART II From traditional consumption taxes to innovative environmental BTAs: An analysis of their tax design 3. Tax design of traditional BTAs 4. Tax design of environmental BTAs PART III From old legal debates to brand new legal issues: An assessment of the compatibility of traditional and environmental BTAs under WTO law (and beyond) 5. Legal framework of traditional BTAs 6. Legal framework of environmental BTAs CONCLUSION Index

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Book SynopsisThis highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers. The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance. Taking a comparative, interdisciplinary approach, Protecting the Third Pole will be a key resource for legal and policy scholars. NGO's and practitioners will also benefit from its detailed analysis.Trade Review'This book offers an in-depth assessment of the relevance of international environmental law for protecting one of the world s most fascinating ecological regions - the Hindu Kush Himalayas and Tibetan Plateau. The Third Pole, as this high altitude area is known, is under enormous pressure from local, regional and global threats, including climate change. Marsden assesses the potential for 'transplanting' successful environmental regimes from other contexts to the Third Pole, and makes a major contribution to understanding the potential for enhanced environmental governance in this vital region.' --Tim Stephens, University of Sydney, Australia'While to some extent international law protects the first two poles (the Arctic and Antarctic), it has largely been ignored for the Third Pole (the Hindu Kush Himalayas / Tibetan Plateau). This book responds to this by reviewing measures for Asia's polar region. Supplementing analysis of customary international law with potential treaty law, it analyses the practicalities of legal borrowing together with the content of such measures. In doing so it provides an extremely welcome contribution to existing literature on international transplants and broadens the discipline of polar law.' --Timo Koivurova, University of Lapland, FinlandTable of ContentsContents: Preface 1. Introduction 2. International Legal Transplants 3. Developing Global Protected Areas 4. Connecting Area and Species Protection 5. Transboundary Environmental Impact Assessment 6. Protection of International Rivers 7. Protection of Transfrontier Mountains Bibliography Index

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Book SynopsisBuilding on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.The 17 goals and 169 targets of the SDGs cover areas as crucial as poverty reduction, climate change, clean water and access to justice. Combining both thematic and goal-specific analysis, expert contributors establish the relevance not just of international law, but also of a broader range of normative frameworks including constitutional norms, domestic regulatory law and human rights. Connecting the SDGs to wider debates in international law and politics, this book ultimately demonstrates that law has an important constitutive and instrumental role to play in both implemention and analysis.The first of its kind to offer a specific focus on the relationship between law and the SDGs, this much-needed book will prove invaluable for scholars in the field of international sustainable development. Its insightful observations will also provide food for thought for both related international organizations and national government officials.Contributors include: S. Adelman, H. Aust, M. Barnard, L. Collins, N. Cooper, A. du Plessis, D. French, L. Kotzé, G. Long, O. McIntyre , K. Morrow, N. Sánchez Castillo-Winckels, W. Scholtz, N. SoininenTrade Review'A must read for those who aim to understand the limitations and potentialities of the SDGs. Using the lens of law, this volume presents a critical analysis of whether the SDGs, rooted in neoliberalism and anthropocentrism, will be able to realize the promise that ''no one will be left behind''. Or, as Long writes in his chapter, ''given that our world is unjust, and a more just world is possible, what role can the SDGs play in getting there from here?''.' --Ellen Hey, Erasmus University Rotterdam, the Netherlands'This book addresses the questions around the importance and relevance of the SDGs that many lawyers have often wondered but struggled to articulate. It is an honest and deeply interrogated account of the different perspectives on the SDGs and the emerging trend of ''governance through goals''. The editors are to be commended on their thoughtful arrangement of these discussions and views.' --Olivia Rumble, University of Cape Town, South Africa'The Sustainable Development Goals aim to transform our world. Although a drastic change in the way we use the Earth is urgently needed, the question arises whether the SDG's sufficiently facilitate such a transformation. This excellent new book, edited by the world's leading legal scholars in the broad area of sustainable development law, provides clear answers to that pressing question and is a must read for all academics and policy makers involved in steering human behaviour toward a more sustainable track.' --Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Duncan French and Louis J. Kotzé PART I GENERAL THEMES 2. The Sustainable Development Goals, Anthropocentrism and Neoliberalism Sam Adelman 3. The Sustainable Development Goals: An Existential Critique Alongside Three New-millennial Analytical Paradigms Louis J. Kotzé 4. Sustainable Development Goals and Human Rights: Challenges and Opportunities Lynda M. Collins 5. Underpinning Commitments of the Sustainable Development goals: Indivisibility, universality, leaving no one behind Graham Long 6. How the Sustainable Development Goals Promote a New Conception of Ocean Commons Governance Nadia Sánchez Castillo-Winckels PART II A SELECTIVE ANALYSIS OF PARTICULAR GOALS 7. Gender and the Sustainable Development Goals Karen Morrow 8. International Water Law and SDG 6: Mutually Reinforcing Paradigms Owen McIntyre 9. Good Urban Governance as a Global Aspiration: On the Potential and Limits of SDG 11 Helmut Philipp Aust and Anél du Plessis 10. The Environment and the Sustainable Development Goals: ‘We are on a Road to Nowhere’ Werner Scholtz and Michelle Barnard 11. Torn by (un)certainty – Can There be Peace Between Rule of Law and Other Sustainable Development Goals? Niko Soininen 12. SDG 17: Partnerships for the Goals - Cooperation within the Context of a Voluntarist Framework Nathan Cooper and Duncan French Index

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