Environmental law Books

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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Book SynopsisThis thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change.Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.Table of ContentsContents: Preface xi PART I THEORIES, CONCEPTS AND ACTORS OF INTERNATIONAL ENVIRONMENTAL LAW AND GOVERNANCE 1 Actors and law-making in international environmental law 2 Mark A. Drumbl and Kateřina Uhlířová 2 Participation of non-State actors and global civil society in international environmental law-making and governance 46 Otto Spijkers 3 Corporate responsibility for environmental harm 63 Markos Karavias 4 International framework for environmental decision-making 84 Geir Ulfstein 5 An introduction to ethical considerations in international environmental law 107 Alexander Gillespie PART II PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW 6 Sustainable development 131 Duncan French 7 The principles of prevention and precaution in international law: two heads of the same coin? 152 Nicolas de Sadeleer 8 Environmental impact assessment 189 Olufemi Elias and Meagan Wong 9 Common but differentiated responsibilities 210 Philippe Cullet PART III DISPUTE SETTLEMENT AND COMPLIANCE 10 Settlement of international environmental law disputes 231 Natalie Klein and Danielle Kroon 11 Environmental disputes in the WTO 260 Joanna Gomula 12 Compliance procedures and mechanisms 294 Gerhard Loibl PART IV HUMAN RIGHTS AND CLIMATE CHANGE 13 International climate law 322 Marie-Aure Perreaut Revial 14 Human rights and the environment: substantive rights 345 Karen Morrow 15 Domestic climate litigation’s turn to human rights and international climate law 368 Marlies Hesselman 16 Environmental protection in armed conflict 394 Karen Hulme and Doug Weir PART V SELECTED ENVIRONMENTAL PROTECTION REGIMES 17 The relationship between the law of international watercourses and sustainable development 415 Malgosia Fitzmaurice and Virginie Barral 18 International chemicals and waste management 443 Katharina Kummer Peiry 19 Environmental protection in the Antarctic and the Arctic: the role of international law 461 Kees Bastmeijer and Rachael Lorna Johnstone Index

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Book SynopsisThe Encyclopedia of Global Environmental Governance and Politics surveys the broad range of environmental and sustainability challenges in the emerging Anthropocene and scrutinizes available concepts, methodological tools, theories and approaches, as well as overlaps with adjunct fields of study.This comprehensive reference work, written by some of the most eminent academics in the field, contains 68 entries on numerous aspects across 7 thematic areas, including concepts and definitions; theories and methods; actors; institutions; issue-areas; cross-cutting questions; and overlaps with non-environmental fields. With this broad approach, the volume seeks to provide a pluralistic knowledge base of the research and practice of global environmental governance and politics in times of increased complexity and contestation.Providing its readers with a unique point of reference, as well as stimulus for further research, this Encyclopedia is an indispensable tool for anyone interested in the politics of the environment, particularly students, teachers and researchers.Contributors: K.W. Abbott, C. Adelle, L. Andonova, S. Andresen, W.F. Baber, K. Bäckstrand, R.V. Bartlett, I. Baud, S. Bauer, S. Beck, M. Beisheim, D. Benson, S. Bernstein, K. Biedenkopf, F. Biermann, K. Booth, U. Brand, P.-O. Busch, S. Chan, K. Chelminski, J. Clapp, D. Compagnon, D. Cordell, V. Cornelissen, E. Dellas, S. Dietz, R. Eckersley, R. Floyd, D.J. Frank, V. Galaz, K. Genskow, S. Godin-Beekman, A. Gupta, J. Gupta, R. Haluza-DeLay, A. Hironaka, M. Isailovic, M. Ivanova, A. Jerneck, K. Jönsson, A. Jordan, S. Karlsson-Vinkhuyzen, M. Kok, A. Kronsell, M. Lang, S. Lim, J. Lister, K. Magyera, A. Mert, D. Moran, G. Nagtzaam, T. Nielsen, M. Nilsson, C. Okereke, T. Oliver, L. Olsson, P.H. Pattberg, J. Pinkse, A. Prakash, O. Renn, K. Rosendal, M.A.F. Ros-Tonen, D. Rothe, E. Schofer, B. Siebenhüner, N. Simon, J. Stel, H. Stevenson, O.S. Stokke, K. Szulecki, M.W.Tvedt, A. Underdal, T. Van de Graaf, D. Van Vuuren, P. Vellinga, P. Wapner, E. Weinthal, J. Wettestad, S. White, O. Widerberg, F. ZelliTrade Review'The Encyclopedia of Global Environmental Governance and Politics is an indispensable resource for researchers and students of global environmental governance. With balance and precision, entries by world-leading experts catalogue existing knowledge as well as offer new insights into the concepts, theories, institutions, and actors shaping core debates and issues.' --Peter Dauvergne, University of British Columbia, Canada'The Encyclopedia of Global Environmental Governance and Politics provides a comprehensive starting-point for understanding the complex and contested nature of global environmental governance. Pattberg and Zelli have assembled an impressive array of contributions written by leading scholars in their fields. The superbly edited volume provides an indispensable knowledge base for understanding - and tackling - the environmental challenges of the emerging Anthropocene.' --Robert Falkner, London School of Economics and Political Science, UK and editor, Handbook of Global Climate and Environment Policy'This volume offers a balanced and differentiated perspective and review of the most relevant issues, methodologies, theories and trends in the study of global environmental governance and politics. In 68 key entries leading scholars introduce, explain and discuss systematically the main concepts, the most important findings and the future outlook. An indispensable compendium for scholars, students, practitioners and libraries engaged in environmental politics and governance around the world.' --Arthur P.J. Mol, Wageningen University, the NetherlandsTable of ContentsContents: Preface PART I CONCEPTS AND DEFINITIONS 1. Anthropocene and Planetary Boundaries Victor Galaz 2. Consumerism Jane Lister 3. Earth System Governance Frank Biermann 4. Environment and Nature Paul Wapner 5. Global Environmental Governance Philipp Pattberg and Oscar Widerberg 6. Inclusive Development Joyeeta Gupta, Vincent Cornelissen and Mirjam A.F. Ros-Tonen 7. Liberal Environmentalism and Governance Norms Steven Bernstein 8. Risk Ortwin Renn 9. Sustainable Development Joyeeta Gupta and Isa Baud PART II THEORIES AND METHODS 10. Constructivism and Sociological Institutionalism Gerry Nagtzaam 11. Cost-Benefit Analysis Simon Dietz 12. Deep Ecology Kate Booth 13. Deliberative Policy Analysis Hayley Stevenson 14. Feminism Annica Kronsell 15. Governmentality Delf Rothe 16. Integrated Assessment Modelling Detlef van Vuuren and Marcel Kok 17. Neo-Gramscianism Chukwumerije Okereke 18. Neoliberal Institutionalism Thijs Van de Graaf 19. Qualitative Comparative Analysis Olav Schram Stokke and Arild Underdal 20. Quantitative Comparative Analysis Sijeong Lim and Aseem Prakash 21. Simulations Walter F. Baber and Robert V. Bartlett 22. Teaching Global Environmental Governance Maria Ivanova 23. World Society David John Frank, Ann Hironaka and Evan Schofer PART III ACTORS 24. Civil Society Karin Bäckstrand 25. European Union Camilla Adelle, David Benson and Andrew Jordan 26. Individuals Tom Oliver 27. International Bureaucracies Bernd Siebenhüner 28. Media Marija Isailovic 29. Private Sector Jonatan Pinkse 30. Religious Movements Randolph Haluza-DeLay 31. Scientists and Experts Silke Beck 32. States Daniel Compagnon 33. United Nations Liliana Andonova and Kathryn Chelminski PART IV INSTITUTIONS 34. Clubs Sylvia Karlsson-Vinkhuyzen 35. International Organizations Steffen Bauer 36. Mega-Conferences Sander Chan 37. Private Environmental Governance Philipp Pattberg and Marija Isailovic 38. Public-Private Partnerships Ayşem Mert 39. Regimes Eleni Dellas PART V ISSUE AREAS 40. Air Pollution Jørgen Wettestad 41. Arctic Oscar Widerberg 42. Biological Diversity Kristin Rosendal and Morten Walløe Tvedt 43. Biosafety and Genetically Modified Organisms Aarti Gupta 44. Chemicals Nils Simon 45. Climate Change Pier Vellinga 46. Desertification Steffen Bauer 47. Fisheries and Whaling Olav Schram Stokke 48. Forestry and Land Use Tobias Nielsen 49. Hazardous Waste Katja Biedenkopf 50. Ocean Space Jan Stel 51. Ozone Depletion Sophie Godin-Beekmann 52. Phosphorus Dana Cordell and Stuart White 53. Renewable Energy Kacper Szulecki 54. Water Erika Weinthal 55. Wetlands Kenneth Genskow and Kyle Magyera PART VI CROSS-CUTTING QUESTIONS AND EMERGING TOPICS 56. Effectiveness Steinar Andresen 57. Environmental Policy Diffusion Per-Olof Busch 58. Environmental Policy Integration Camilla Adelle and Måns Nilsson 59. Green Economy Ulrich Brand and Miriam Lang 60. Institutional Fragmentation Fariborz Zelli 61. Millennium Development Goals and Sustainable Development Goals Marianne Beisheim 62. Orchestration Kenneth W. Abbott PART VII BORDERS AND INTERLINKAGES 63. Agriculture Dominic Moran 64. Food Jennifer Clapp 65. Health Kristina Jönsson 66. Poverty Anne Jerneck and Lennart Olsson 67. Security Rita Floyd 68. Trade Robyn Eckersley Index

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Book Synopsis'James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.'- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association'Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that Human Rights and the Environment envelops.'- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition.This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic.Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.Contributors include: S. Adelman, N. Ahuja, C. Anant Malviya, A. Awal Khan, L. Benjamin, D. Bonilla Maldonado, R. Bratspies, C. Bruch, M. Burger, C. Butler, A. Carlson, C. Cournil, P. Coventry, E. Daly, K. Davies, R. Dhingra, R.J. Donato Quan, E. Gebre, C. Guneratne, A.M. Hammadeen, B. Hudson, C. Iorns Magallanes, V. Karageorgou, A. Kariuki, A. Kenmogne Simo, J.H. Knox, G.J. Kounga, A. Kreilhuber, S. Lamdan, R. Libel Waldman, K.E. Makuch, S.-J.-T. Manga, P. Martin, J.R. May, A. Mboya, S.O. McKenzie, M.A. Mekouar, D. Misiedjan, E. Mrema, R. Mwanza, D.S. Olawuyi, N. Osborne, O.W. Pedersen, J. Pendergrass, M.-C. Petersmann, M. Prieur, S.R. Rajan, L. Reins, J.M. Rivero Godoy, D.N. Scott, A. Solntsev, M. Stevenson, D.B. Suagee, A. Thomas, S.J. Turner, G. Van Hoorick, L. Vandenhende, J. Wentz, W. Yun SantosoTrade Review‘This book demonstrates the rapidly changing nature of law and the environment in the new millennium and the dynamic capacity for moulding and reshaping legal concepts to enhance environmental protection. It provides an authoritative collection of scholarship that offers new perspectives on human rights and the environmen. This book is quite simply a work that postgraduate students, seasoned academics, judges and jurists will return to as a source of information and imagination.’ -- Trevor Daya-Winterbottom, Waikato Law Review‘James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.’ -- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association‘Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth – the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.’ -- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist'James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.' --Rosemary Lyster, University of Sydney, Australia'James R May and Erin Daly set out to create an 'encyclopedia' of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward - something vital in this important emerging area of law.' --Donald K Anton, Griffith Law School, Australia'This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach.' --Malgosia Fitzmaurice, Queen Mary, University of London, UKTable of ContentsContents: Introduction: New Dimensions in Human Rights and the Environment James R. May and Erin Daly PART I LEGALITY 1. Advancing Human Rights through the Environmental Rule of Law Naysa Ahuja, John Pendergrass, Arnold Kreilhuber, Elizabeth Mrema and Carl Bruch 2. The United Nations Mandate on Human Rights and the Environment John H. Knox 3. An International Covenant on the Right of Human Beings to the Environment Michel Prieur, Mohamed Ali Mekouar and Erin Daly 4. New Frontiers in Environmental Constitutionalism: Environmental Rule of Law and the Sustainable Development Goals Arnold Kreilhuber and Angela Kariuki 5. In Defense of Constitutionalizing Environmental Rights Rosemary Mwanza 6. Human Rights Developments in Global Environmental Constitutionalism James R. May and Erin Daly 7. Human Rights and Human Benefits: the Implementation Gap Paul Martin 8. Sovereignty and Environmental Human Rights Sam Adelman 9. The Human Right to Environmental Information Rebecca Bratspies and Sarah Lamdan 10. Implementing Human Rights-Related Environmental Principles with e-Technology Innovation Under the Aarhus Convention Sylvestre-José-Tidiane Manga 11. Access to Justice in Environmental Matters: Recent Developments at International and Regional Level and the Repercussions at the National Level Vasiliki (Vicky) Karageorgou PART II INDIVISIBILITY 12. Indivisibility of Human and Environmental Rights Erin Daly and James R. May 13. Identifying Legal Claims to Human Rights and the Environment S. Ravi Rajan, Kirsten Davies and Catherine Iorns Magallanes 14. Climate Change and Human Rights Michael Burger and Jessica Wentz 15. Climate Change, Mobility, Law and Human Rights Christel Cournil and Emnet Gebre 16. Protecting The Right to Food When Implementing Climate Change Mitigation Strategies in Developing Countries Philip Coventry 17. Human Rights And the Gender Dynamics of Climate Change Ryan Jeremiah Donato Quan 18. Sustainability and Environmental Human Rights Chetna Anant Malviya and Ricardo Libel Waldman 19. Moral Limitations on Property Rights in the United States as Human Rights Blake Hudson 20. Land Use Restrictions and the Right to Property Geert Van Hoorick and Lise Vandenhende 21. Conflicts between Environmental Protection and Human Rights Marie-Catherine Petersmann 22. Biodiversity and Human Rights Wahyu Yun Santoso 23. The Rights of Nature and a New Constitutional Environmental Law Daniel Bonilla Maldonado PART III DIGNITY 24. Environmental Dignity Rights Erin Daly and James R. May 25. The Human Right to Water Daphina Misiedjan and Scott O. McKenzie 26. The Human Right to Landscape Michel Prieur 27. Understanding the Nexus of Environment, Energy and Human Rights Leonie Reins 28. Business Practices, Human Rights and the Environment Stephen Turner 29. Environmental Rights of Children Karen E. Makuch 30. Indigenous Peoples and Environmental Rights Alexander Solntsev 31. Indigenous Peoples and Conservation of Biodiversity Ritu Dhingra 32. Human Rights Based Environmental Remedy for Allotment Era Legacy in Indian Country Dean B. Suagee 33. Human Rights to the City: Urban Ecologies and Indigenous Justice Natalie Osborne, Anna Carlson & Chris Butler 34. Environmental Justice and the Hesitant Embrace of Human Rights Dayna Nadine Scott PART IV GEOGRAPHY 35. European Court of Human Rights and Environmental Rights Ole W. Pedersen 36. Vida Digna and Environmental Human Rights in the Inter American System Juan Manuel Rivero Godoy 37. Human Rights and the Environment in the Middle East and North African Region: Trends, Limitations and Opportunities Damilola S. Olawuyi 38. Non-Economic Losses and Human Rights in Small Island Developing States Lisa Benjamin, Adelle Thomas and Michael Stevenson 39. The Effectiveness of Access Rights in Sri Lanka in Issues of Environment and Development Camena Guneratne 40. Human Rights and Climate Change Displaced People: Bangladesh Perspective Md Abdul Awal Khan 41. Evaluation of Human Rights and the Environment in Jordan Aisa M. Hammadeen 42. Human Rights and Environmental Justice in Development Projects in Central Africa: from the Pipeline Chad-Cameroon to the Mbalam-Nabéba Iron Ore Project Guy Jules Kounga and Alain Kenmogne Simo 43. Human Vulnerability and Environmental Rights: The Endorois Welfare Council v. Kenya Case Atieno Mboya Samandari 44. Legal Personality for the Environment in Aotearoa New Zealand Catherine Iorns Magallanes Index

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Book SynopsisChina is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.Table of ContentsContents: Introduction 1. Climate change, catastrophe risk, and government stimulation of the insurance market—a study of transitional China 2. Climate change, and financial instruments to cover disasters: What role for insurance in transitional China? 3. Mitigation of climate-change risks and regulation by insurance 4. Regulation by catastrophe insurance: a comparative study 5. Regulation by government-sponsored reinsurance in catastrophe management 6. Innovations in insurance markets and securitization of catastrophe risk: experiences and lessons to learn 7. Roadmap for transitional reform in China Index

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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 SynopsisThis timely book provides a critical examination of the ways in which tax expenditures can be best used in order to enhance their efficacy as instruments for the implementation of environmental policy. Examining the capacity and limits of tax expenditures in financing environmental policy, Hope Ashiabor considers their use in various contexts and policies in order to clearly establish the common threads as well as any deviations that have emerged. The book outlines how, when used in environmental policy either to provide preferences to certain activities or to address the challenges of environmental degradation, the management of tax expenditures invariably results in unintended consequences that manifest in negative environmental outcomes and economic inefficiencies. It also examines some of the challenges encountered in re-structuring subsidies that have become environmentally harmful. Tax Expenditures and Environmental Policy will be of great interest to students and scholars in both tax and environmental law. It will also offer an essential tool for policy makers and practitioners through its focus on policy design and its doctrinal analysis.Trade Review‘Ashiabor’s book provides an informative read for all of those interested in the role of tax policies in fostering environmental protection.’ -- Alice Pirlot, British Tax Review'The concept of ''tax expenditures'' as coined by Stephen Surrey in 1967 and its role for environmental protection is the topic of this refreshing book, which investigates policymakers' inclinations for making stealth disbursements by offering opportunities for reductions in tax payments. Hope Ashiabor's savvy and sobering analysis unveils how tax expenditures permeate market transactions everywhere, from vehicle purchases to clean-tech development. Although distorting to the visions of internalizing the costs of pollution through taxation, his profound analysis of the realities is nevertheless comforting.' --Mikael Skou Andersen, Aarhus University, Denmark'A very useful resource for people interested in how tax expenditures send environmentally positive and negative signals-and the policy merits of tax expenditures more broadly. Addressing theory and practice, Professor Ashiabor engagingly tackles an important topic.' --Janet E. Milne, Vermont Law School, US'Professor Ashiabor has written a thorough analysis of the use of tax expenditures in an environmental policy context. The analysis is richly illustrated with many interesting examples, spanning half a century, building on an in-depth review of relevant literature. The book clearly emphasises the practical difficulties in designing well-working tax expenditures, and the many political economy issues that they raise.' --Nils Axel Braathen, Organisation for Economic Co-operation and DevelopmentTable of ContentsContents: 1. The Extensive Use of Tax and Direct Expenditures Over Fiscal and Market Instruments in Environmental Policy 2. Tax Expenditures – Their Origins, Nature, and Issues 3. The Environmental Policy Context: Issues and Challenges 4. Financing Innovation and Deployment of Cleantech Through Tax and Direct Expenditures 5. Financing Environmental Expenditures through the Earmarking of Taxes and Charges 6. Restructuring Environmentally Harmful Transport Subsidies: A Case Study of Employee Car Benefits 7. Conclusion Index

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Book SynopsisThis discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. ZhangTrade Review'This book is a survival tool for judges who are increasingly required to respond to legal action meant to protect the earth from the existential threat to human civilization posed by global warming. Christina Voigt and Zen Makuch have assembled authors who affirm that there is no greater force to protect Earth and its habitants than the environmental rule of law.' --Michael D. Wilson, Hawaii Supreme Court, US'From pioneers to latecomers, the role of Courts in relation to environmental protection has oscillated in ways that make their overall contribution difficult to assess. This book is a significant addition to the mapping and stock-taking effort. It shows that, in practice, Courts are indeed playing a very important role in adapting legal systems to the need to conserve the environment.' --Jorge E. Viñuales, University of Cambridge, UKTable of ContentsContents: Part I Conceptualizing the Role of Courts in Protecting the Environment 1. The Nature of Courts Nicholas Robinson 2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development Brian Preston, Paul Martin and Amanda Kennedy 3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution Trevor Daya-Winterbottom Part II Taking the Lead: The Court as Trailblazer for Environmental Protection 4. Ghana’s Courts and Environmental Rule of Law Godwin E. K. Dzah 5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes 6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis Stellina Jolly and Zen Makuch Part III Access to Justice for the Environment 7. Inviting Civil Society to the Table: The Case of the African Commission Nora Ho Tu Nam 8. Collective Environmental Litigation in Colombia: An Empirical Assessment Everaldo Lamprea and Angela M. Páez 9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System Lauren Butterly and Rachel Pepper 10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law Zhuoxian Zhang 11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine Oleksandra Chornous and Nicolay Kichigin Part IV Courts in Action 12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs María Augusta León Moreta and Gloria Bingyu Liu 13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts Yetty Komalasari Dewi and Anbar Jayadi 14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment? Otto Spijkers 15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation David Hodas 16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary Ria Guidone and Holly Jonas 17. Swedish Environmental Courts – Specialized Civil and Administrative Courts Anders Bengtsson Index

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Book SynopsisClimate change is causing a geological transition, defining a new era in which the Earth System is configured through human action. The emergence of a global polity through physical, economic and social interaction demands a global response to this phenomenon which cannot be modelled on traditional political and legal concepts centred around the nation-state. This Research Handbook explores the implementation of climate constitutionalism on a global scale, considering both language and substance in order to design adequate normative patterns for addressing climate change. Against the narrative of the Anthropocene and its implications for the law, carefully curated chapters provide a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity that are so necessarily intertwined with the causes and consequences of climate change. Recognising the adaptation and mitigation demands implied by climate change, this astute Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society. Timely and engaging, this Research Handbook will prove vital reading for students and scholars of environmental, constitutional and administrative law and policy. Climate change practitioners, policy makers and activists will also find its insights highly informative. Contributors include: S. Atapattu, S. Borràs, K. Bosselmann, E. Cocciolo, G.M. Cuadros, E. Daly, P. de Araujo Ayala, B.H. Desai, R.J. Heffron, A. Hornborg, J. Jaria-Manzano, L.J. Kotzé, J.R. May, D. McCauley, K. Morrow, M. Powers, J.M. Pureza, B.K. Sidhu, A. SindenTrade Review'Anyone concerned about an orderly and principled human response to the planetary consequences of climate change will find guidance and insight in this collection of engaged essays ranging from conceptual perspectives on global governance and justice through to practical and institutional analysis of the ongoing transition in energy systems.' --Jamie Benidickson, University of Ottawa, CanadaTable of ContentsContents: 1. Introduction to the Research Handbook on Global Climate Constitutionalism Jordi Jaria-Manzano and Susana Borràs 2. The Anthropocene Challenge to our Worldview Alf Hornborg 3. Law in the Anthropocene Jordi Jaria-Manzano 4. A global environmental constitution for the Anthropocene’s climate crisis Louis J. Kotzé 5. The Atmosphere as a Global Commons Klaus Bosselmann 6. Global environmental constitutionalism as a constitutionalism of the Earth José Rubens Morato Leite and Patryck de Araujo Ayala 7. Global Constitutionalism as an Ambivalent Script José Manuel Pureza 8. The Fragility of Climate, Human Responsibility and Finding the Impetus to Act Decisively―Investigating the Potential of the Ethics of Care Karen Morrow 9. A Human Rights Framework for the Anthropocene Amy Sinden 10. Climate Change as a Common Concern of Humankind. Some Reflections on International Law-making Process Bharat H. Desai and Balraj K. Sidhu 11. Environmental Rights, Responsibility and Care: A New Constitutional Paradigm Gregorio Mesa Cuadros 12. Environmental Justice, Climate Justice and Constitutionalism: Protecting Vulnerable States and Communities Sumudu Attapatu 13. Climate Migration, Gender and Poverty Susana Borràs 14. Global Climate Constitutionalism and Justice in the Courts James R. May and Erin Daly 15. Energy Transition: Reforming Social Metabolism Melissa Powers 16. Capitalocene, Thermocene and the Earth System: Global law and Connectivity in the Anthropocene Age Endrius Cocciolo 17. Beyond Energy Justice: Towards a Just Transition Raphael Heffron and Darren McCauley 18. Conclusion: Exploring a Constitution for the Climate Jordi Jaria-Manzano Index

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Book SynopsisIn the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies.Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes.Contributors: G. Berndes, M. Brandão, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Rønne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. TaylorTrade Review'As a reference for law and policy in a much wider range of countries than just the usual three, it has notable value.' --International Energy Law ReviewTable of ContentsContents: PART I SUSTAINABILITY AND BIOFUELS 1. Environmental Risks and Opportunities of Biofuels Annette Cowie, Alan Cowie, Sampo Soimakallio and Miguel Brandáo 2. The Roles of Public and Private Governance in Promoting Sustainable Bioenergy Oskar Englund and Göran Berndes 3. Confronting the “Unproductive” Upland Discourses in Biofuels Development in the Philippines Marvin Joseph F. Montefrio PART II CRITICAL REVIEW OF REGULATORY REGIMES FOR BIOFUELS 4. Biofuels’ Legal and Political Framework in Brazil : A Critical Review Through a Sustainable Development Lens Priscila Pereira de Andrade 5. United States Law and Policy and the Biofuel Industry Kristina S. Dahmann, Lara B. Fowler and Paul M. Smith 6. Lessons from US Biofuels Policy: The Renewable Fuels Standard's Rocky Ride Melissa Powers 7. The EU Legal Regime for Biofuels Birgitte Egelund Olsen and Anita Ronne 8. Belgian and French Biofuel Support Measures in Light of Argentina’s Challenge under the WTO Subsidies Agreement Alexandre Genest 9. The Current Legal Framework on Biofuels in China Lei Guo and Frank Maes 10. Biofuel Policy in Columbia: Strong Fiscal Incentives but Weak Environmental and Social Standards Victor M. Tafur 11. Agro-fuel Law and Policy in East Africa: Assessing Avenues for Sustainability Robert Omondi Owino 12. Biofuels, GMOs and Food Security: The South African Legal and Policy Framework Odile Juliette Lim Tung PART III BIOFUELS GOVERNANCE AND THE ROLES OF PUBLIC AND PRIVATE ACTORS 13. Unpacking the Complexities of Biofuels Policy Paul Martin and Elodie Le Gal 14. Trends in Government Incentives for Biofuels Warren E. Mabee, Lauren D. Malo and Ashton R. Taylor 15. An Industry Perspective: Government Policies to Accelerate the Development and Commercialization of Advanced Biofuels in Canada Marie-Hélène Labrie 16. Network Governance of Biofuels Jeremy de Beer 17. Private Regulation in the Bioenergy Sector Maha Mansoor, Inge Stupak and Tat Smith 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 SynopsisCrimes associated with the illegal trade in wildlife, timber and fish stocks, and pollutants and waste have become increasingly transnational, organized and serious. They warrant attention because of their environmental consequences, their human toll, their impact on the rule of law and good governance, and their links with violence, corruption and a range of cross-over crimes. This ground-breaking, multi-disciplinary Handbook examines key transnational environmental crime sectors and explores its most significant conceptual, operational and enforcement challenges. Bringing together leading scholars and practitioners, this book presents in-depth analysis based on extensive academic research and operational and enforcement expertise. The sectors covered include illegal wildlife, timber, pollutant and waste trades and crimes in the carbon market. The contextual chapters examine criminal networks and illicit chains of custody, local sociocultural, economic and political factors, the effectiveness of policy and operational responses, and international jurisdictional challenges.This Handbook will be an invaluable resource for students and scholars of global environmental politics, international environmental law, and environmental criminology as well as for regulatory and enforcement practitioners working to meet the challenges of transnational environmental crime.Contributors include: J. Ayling, L. Bisschop, G. Broussard, A. Cardesa-Salzmann, M. Cassidy, D.W.S. Challender, E. Clark, M.Á. Clemente Muñoz, E. de Coning, R. Duffy, L. Elliott, C. Gibbs, D. Humphreys, Y. Jia, N. Liu, D.C. MacMillan, C. Middleton, R. Ogden, G. Pink, G. Rose, V. Sacré, S. Saydan, W.H. Schaedla, S. Sinha, V. Somboon, T. Terekhova, E. van Asch, T. WyattTrade Review'This Handbook makes a creative and considered contribution towards this important topic. It provides a well-balanced mix of chapters from scholars and practitioners on issues that we must better understand if we are to successfully tackle these serious transnational environmental crimes. I warmly congratulate the editors and authors for focusing on these critical and contemporary questions, including the criminal networks involved, pervasive impact of corruption, criminal justice responses and exemplary collaborative initiatives, such as ICCWC. This timely publication will help to further shape our responses and assist us to better combat these highly destructive crimes.' --John E. Scanlon, CITES Secretary-General'This timely and very comprehensive book sheds light into the shadowy areas of environmental policy that we have neglected for too long: transnational environmental crime, ranging from illegal trade in timber and wildlife to criminal use of ozone-depleting substances, illegal fishing and novel ''carbon crimes'' around emissions trading. The Handbook of Transnational Environmental Crime, superbly edited by Elliott and Schaedla, combines insightful conceptual chapters with in-depth empirical research and practitioner contributions. The book is essential reading not only for scholars of environmental governance but also for criminologists, conservationists, regulators and other practitioners.' --Frank Biermann, Utrecht University, the Netherlands'This extensive work beautifully covers all major transnational environmental crimes and efforts to combat these crimes, from a broad perspective. It stands out for incorporating chapters written by leading green criminologists but also by policy makers and members of the enforcement community. It is truly a handbook of great value to the increasing number of academics, practitioners and students who are interested in environmental crimes and green criminology.' --Toine Spapens, Tilburg University, the NetherlandsTable of ContentsContents: PART I CONTEXT AND SCENE-SETTING 1. Transnational Environmental Crime: Excavating the Complexities – An Introduction Lorraine Elliott and William H. Schaedla 2. Criminal Networks and Illicit Chains of Custody in Transnational Environmental Crime Lorraine Elliott 3. Local Sociocultural, Economic and Political Facilitators of Transnational Wildlife Crime William H. Schaedla 4. The Securitization of Transnational Environmental Crime and the Militarization Of Conservation Lorraine Elliott 5. Criminality and Costs: The Human Toll of Transnational Environmental Crime Sophie Saydan PART II KEY SECTORS AND CASE STUDIES 6. The Illegal Wildlife Trade in Global Perspective Rosaleen Duffy 7. The Uncharismatic and Unorganized Side to Wildlife Smuggling Tanya Wyatt 8. Fisheries Crime Eve De Coning 9. Forest Crimes and the International Trade in Illegally Logged Timber David Humphreys 10. Illegal Trade in Hazardous Waste Lieselot Bisschop 11. Illegal Trade in Ozone Depleting Substances Ning Liu, Vira Somboon and Carl Middleton 12. Crimes in the Carbon Market Carole Gibbs and Michael Cassidy 13. Greater China and Transnational Environmental Crime: Understanding Criminal Networks and Enforcement Responses Yunbo Jiao 14. Wildlife Trade in South Asia Samir Sinha PART III GOVERNANCE, AGENCY AND STRATEGIES 15. Multilateral Environmental Agreements and Illegality Antonio Cardesa-Salzmann 16. International Jurisdictional Challenges in the Suppression of Transnational Environmental Crime Gregory Rose 17. Reducing Demand for Illicit Wildlife Products: Crafting a ‘Whole-Of-Society’ Response Julie Ayling 18. Witnessing WENs: Origins and Future Directions William H. Schaedla and Samir Sinha 19. Forensics in Transnational Environmental Crime Rob Ogden PART IV PRACTITIONER CONTRIBUTIONS 20. The Montreal Protocol and OzonAction Networks Ezra Clark 21. The Basel Convention: A Tool for Combating Environmental Crime and Enhancing the Management of Hazardous and Other Wastes Tatiana Terekhova 22. The Role of Cites in Ensuring Sustainable and Legal Trade in Wild Fauna and Flora Margarita África Clemente Muñoz 23. Interpol’s Nest: Building Capability and Capacity to Respond to Transnational Environmental Crime Grant Pink 24. The Evolving Role of the United Nations Office on Drugs and Crime in Fighting Wildlife and Forest Crimes Giovanni Broussard 25. The International Consortium on Combating Wildlife Crime (ICCWC) Edward Van Asch 26. EU–TWIX: Ten Years of Information Exchange and Co-Operation Between Wildlife Law Enforcement Officials in Europe Vinciane Sacré 27. Transnational Environmental Crime: More than an Enforcement Problem Daniel W.S. Challender and Douglas C. Macmillan Index

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Book SynopsisThere has been an exponential growth in international environmental treaty-making over the past fifty years, to the point of 'treaty congestion' - with a total of more than 1,300 multilateral (global and regional) agreements on the topic and close to 3,000 bilateral ones currently in force. This research review addresses this phenomenon from a variety of disciplinary perspectives: international law, political science, and 'ecological economics'. The objective is comparative analysis, with a view to identifying common features and common problems of transnational environmental regimes, in light of their historical evolution, their application and effectiveness in practice, and possible lessons learned in their institutional 'interplay' with each other.Table of ContentsContents: Preface Introduction: International Environmental Agreements Peter H. Sand PART I HISTORICAL EVOLUTION 1. Preparatory Committee for the United Nations Conference on Environment and Development (1992), ‘Survey of Existing Agreements and Instruments and Its Follow-Up’, United Nations General Assembly, A/CONF.151/PC/103, March–April, 1–18 2. Edith Brown Weiss (1993), ‘International Environmental Law: Contemporary Issues and the Emergence of a New World Order’, Georgetown Law Journal, 81, 675–710 3. Ronald B. Mitchell (2003), ‘International Environmental Agreements: A Survey of Their Features, Formation, and Effects’, Annual Review of Environment and Resources, 28, November, 429–61 4. Robin R. Churchill and Geir Ulfstein (2000), ‘Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law’, American Journal of International Law, 94 (4), October, 623–59 5. Annecoos Wiersema (2009), ‘The New International Law-Makers? Conferences of the Parties to Multilateral Environmental Agreements’, Michigan Journal of International Law, 31 (1), 231–87 6. Laurence Boisson de Chazournes (2009), ‘Environmental Treaties in Time’, Environmental Policy and Law, 39 (6), 293–8 7. Rakhyun E. Kim (2013), ‘The Emergent Network Structure of the Multilateral Environmental Agreement System’, Global Environmental Change, 23 (5), October, 980–91 8. Walid Marrouch and Amrita Ray Chaudhuri (2015), ‘International Environmental Agreements: Doomed to Fail or Destined to Succeed? A Review of the Literature’, International Review of Environmental and Resource Economics, 9 (3–4), September, 245–319 9. Todd Sandler (2016), ‘Environmental Cooperation: Contrasting International Environmental Agreements’, Oxford Economic Papers, 69 (2), 345–64 10. Peter H. Sand (1996), ‘International Economic Instruments for Sustainable Development: Sticks, Carrots and Games’, Indian Journal of International Law, 36 (2), April–June, 1–16 PART II EFFECTIVENESS AND COMPLIANCE 11. Helmut Breitmeier, Arild Underdal and Oran R. Young (2011), ‘The Effectiveness of International Environmental Regimes: Comparing and Contrasting Findings from Quantitative Research’, International Studies Review, 13 (4), December, 579–605 12. Patrick Sźell (1997), ‘Compliance Regimes for Multilateral Environmental Agreements – A Progress Report’, Environmental Policy and Law, 27 (4), 304–7 13. Edith Brown Weiss (1999), ‘Understanding Compliance with International Environmental Agreements: The Baker’s Dozen Myths’, University of Richmond Law Review, 32 (5), 1555–89 14. Markus Ehrmann (2002), ‘Procedures of Compliance Control in International Environmental Treaties’, Colorado Journal of International Environmental Law and Policy, 13 (2), 377–443 15. André Nollkaemper (2003), ‘Compliance Control in International Environmental Law: Traversing the Limits of the National Legal Order’, Yearbook of International Environmental Law, 13 (1), December, 165–86 16. Teall Crossen (2004), ‘Multilateral Environmental Agreements and the Compliance Continuum’, Georgetown International Environmental Law Review, 16, 473–500 17. W. Bradnee Chambers (2004), ‘Towards an Improved Understanding of Legal Effectiveness of International Environmental Treaties’, Georgetown International Environmental Law Review, 16, 501–32 18. Gregory Rose (2011), ‘Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation’, in Lee Paddock, Du Qun, Louis J. Kotzé, David L. Markell, Kenneth J. Markowitz and Durwood Zaelke (eds), Compliance and Enforcement in Environmental Law: Toward More Effective Implementation, Chapter 1, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 3–33 19. Suh-Yong Chung (2004), ‘Is the Convention-Protocol Approach Appropriate for Addressing Regional Marine Pollution?: The Barcelona Convention System Revisited’, Penn State Environmental Law Review, 13 (1), 85–103 20. Tuomas Kuokkanen (2006), ‘Designing Compliance Mechanisms under Multilateral Environmental Agreements’, International Environmental Law-making and Diplomacy Review, 4, 27–36 21. Peter H. Sand (2016), ‘The Effectiveness of Multilateral Environmental Agreements: Theory and Practice’, International Environmental Law-making and Diplomacy Review, 16, 1–25 PART III FRAGMENTATION AND SYNERGY 22. Donald K. Anton (2013), ‘“Treaty Congestion” in Contemporary International Environmental Law’, in Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury and Erika J. Techerais (eds), Routledge Handbook of International Environmental Law, Chapter 36, London, UK: Routledge, 651–65 23. Rüdiger Wolfrum and Nele Matz (2000), ‘The Interplay of the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity’, Max Planck United Nations Yearbook, 4 (1), February, 445–80 24. Nele Matz (2005), ‘Chaos or Coherence? – Implementing and Enforcing the Conservation of Migratory Species through Various Legal Instruments’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht/Heidelberg Journal of International Law, 65, 197–215 25. Konrad von Moltke (2005), ‘Clustering International Environmental Agreements as an Alternative to a World Environment Organization’, in Frank Biermann and Steffen Bauer (eds), A World Environment Organization: Solution or Threat for Effective International Environmental Governance?, Chapter 7, Aldershot, UK: Ashgate, 175–204 26. Sebastian Oberthür (2002), ‘Clustering of Multilateral Environmental Agreements: Potentials and Limitations’, International Environmental Agreements: Politics, Law and Economics, 2 (4), December, 317–40 27. Annette Cowie, Uwe A. Schneider and Luca Montanarella (2007), ‘Potential Synergies Between Existing Multilateral Environmental Agreements in the Implementation of Land Use, Land-Use Change and Forestry Activities’, Environmental Science and Policy, 10 (4), June, 335–52 28. Kerstin Stendahl (2007), ‘Enhancing Cooperation and Coordination Among the Basel, Rotterdam and Stockholm Conventions’, International Environmental Law-making and Diplomacy Review, 7, 127–41 29. Jośe Octavio Velázquez Gomar (2016), ‘Environmental Policy Integration Among Multilateral Environmental Agreements: The Case of Biodiversity’, International Environmental Agreement: Politics, Law and Economics, 16 (4), August, 525–41 30. John Carter Morgan III (2016), ‘Fragmentation of International Environmental Law and the Synergy: A Problem and a 21st Century Model Solution’, Vermont Journal of Environmental Law, 18 (1), Fall, 134–72 PART IV BEYOND THE TERRITORIAL IMPERATIVE 31. Markus Vordermayer (2018), ‘The Extraterritorial Application of Multilateral Environmental Agreements’, Harvard International Law Journal, 59 (1), Winter, 59–124 Index

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Book SynopsisThis highly accessible book gives readers a thorough and nuanced overview of European environmental law, covering on the basic framework and principles as well as substantive law. It provides much-needed insight into a crucial area of legal practice throughout the EU; at a time when environmental law in Member States is becoming ever less 'national' and EU regulation is growing in scope and importance. The book provides state-of-the-art insights into key pieces of legislation and topical developments in various areas of environmental regulation. The first part offers a succinct overview of the framework of European environmental law and the fundamental principles that govern it. This part covers the creation, implementation and enforcement of environmental regulations and includes dedicated chapters on in particular environmental impact assessment and environmental liability. The chapters in the second part offer in-depth analysis of the substantive law in key areas, including biodiversity, air quality, waste and chemicals regulation, and climate change. European environmental regulation is becoming more complex and interrelated, making it a crucial field of study for European law graduates and an area of increasing exposure to the legal profession and in industry. This much-needed book combines detailed legal analysis with a concise and accessible style, making it an ideal companion for students, academics and professionals alike.Trade Review'Within the EU, environmental law has been harmonized almost entirely. EU environmental law, however, does not only dominate national environmental policies and law within the EU member states. It also has a global impact. As EU environmental law is considered to be both innovative and effective, it is often reviewed by policymakers around the world, as well as businesses that are active on global markets. This brilliant book provides an accessible, yet comprehensive and up-to-date overview of EU environmental law.' --Jonathan Verschuuren, Tilburg University, the Netherlands'While EU environmental law is becoming increasingly complex, this book provides an essential guide to the still growing body of rules and case law. With easily accessible and concise discussions of core topics such as principles, competences, implementation and trade, and various substantive matters including water, nature and climate protection, this book is recommendable to everyone who wants to get a quick but thorough insight into the history and current state of affairs of the body of EU environmental law.' --Marjan Peeters, Maastricht University, the Netherlands'This book is an important work of reference, not only for practitioners and scholars, but for anyone interested in a thoroughly contemporary study of environmental issues.' --The Barrister MagazineTable of ContentsContents: 1. Setting the context PART I BASICS/FRAMEWORK OF EUROPEAN ENVIRONMENTAL LAW 2. Principles of European Environmental Law 3. Environmental law making in the EU 4: Implementation and enforcement 5. Public Participatory Rights 6. Additional tools in implementing European Environmental Law 7. Environmental and Strategic Impact Assessments 8. Environmental Liability and Environmental Crime 9. State Aid and Competition Law PART II SUBSTANTIVE LEGISLATION 10. Biodiversity and Nature Conservation 11. Water protection legislation and policy 12. Noise pollution legislation and policy 13. Air pollution legislation and policy 14. Climate Change legislation and policy 15. Waste legislation and policy 16. Chemicals legislation and policy 17. Trade and the Environment Index

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Book SynopsisThis timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.Trade Review‘This excellent, comprehensive, and thought-provoking book articulates a set of existential questions for the structure of 'Polar law' in the world of accelerating change. The Research Handbook on Polar Law applies an ambitiously convergent focus on the Poles. The 22 chapters provide an excellent update on particular topics and a critical reflection on the challenges and opportunities of a distinct Polar approach. Beyond providing invaluable reference for researchers, the book helps see the bigger picture, stimulate innovative thinking, and allow for cross-pollination of ideas.’ -- Jan Jakub Solski, Ocean Yearbook‘This book would be a valuable addition to law libraries, especially in departments working on environmental law, law of the sea, and climate change.’ -- Daria Shapovalova, The Edinburgh Law Review‘This book provides a comprehensive and engaging analysis of the Polar regions, largely through a legal lens complemented by historical, political and scientific perspectives. The volume explores the complexity of regimes governing the polar regions, in a way that is both practical and user friendly, by focusing on the issues they are designed to address. The book deepens our knowledge and understanding of not only the regional Arctic and Antarctic legal regimes and governance structures, but also how they unite, through a set of common values, to form a tapestry of “Polar Law”. This book advances the literature and will be an excellent resource for researchers interested in discovering and analysing the complex nature of “Polar Law”.’ -- Claudia Sosin and Erika Techera, The Polar Journal‘The political, social and physical context of the polar regions makes the application of laws there distinctive. There are homelands, disputed territories, fertile oceans, unique lifeforms and electric skies, connected by icy nature-scapes. They have hidden riches of scientific information about our world that is of universal importance. This book, edited by Karen Scott and David VanderZwaag, brings the best authors on polar topics together to highlight points of convergence and divergence essential for a comprehensive understanding of legal custodianship.’ -- Julia Jabour, University of Tasmania, AustraliaTable of ContentsContents: 1 Introduction to Polar Law 1 Karen N Scott and David L VanderZwaag 2 Polar Regions in the Anthropocene 18 Colin Summerhayes, Jan Zalasiewicz, Davor Vidas and Mark Williams 3 The Antarctic Treaty System 40 Jill Barrett 4 Arctic Regional Agreements and Arrangements 64 Timo Koivurova, Pirjo Kleemola-Juntunen and Stefan Kirchner 5 People at the Poles 84 Sara L Seck and Sarah L MacLeod 6 Polar science diplomacy 105 Paul Arthur Berkman 7 The Arctic Ocean unscrambled: competing claims and boundary disputes 124 Ted L McDorman and Clive Schofield 8 Antarctic: competing claims and boundary disputes 146 Shirley V Scott 9 Emerging and non-traditional actors at the Poles 162 Nengye Liu 10 Southern Ocean fisheries 180 Marcus Haward 11 The evolving management of fisheries in the Arctic 199 Alf Håkon Hoel 12 Marine mammals at the Poles 217 Richard Caddell 13 Non-living resources and the Poles 249 Rachael Lorna Johnstone and Scott Joblin 14 Bioprospecting at the Poles 271 David Leary 15 Polar cruise tourism 292 Daniela Liggett and Emma J. Stewart 16 Principles of environmental protection at the Poles 325 Robin Warner 17 Marine protected area networks at the Poles 345 Suzanne Lalonde 18 Polar shipping law 370 Kristin Bartenstein and Aldo Chircop 19 Global trajectories of chemical pollution: legal gaps and complexities in the Polar context 390 Sabaa A Khan and Seita Romppanen 20 Climate change and the Poles 412 Rosemary Rayfuse 21 Ocean acidification at the Poles: regional responses to marine environmental change in the Anthropocene 433 Tim Stephens 22 Evolution of a Polar Law 454 Donald R Rothwell and Alan D Hemmings Index

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Book SynopsisThis illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. It analyzes important sectors at the forefront of the field, including climate change and biodiversity. Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes. Offering an accessible and broad-ranging guide to the field's major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.Trade Review'The Research Handbook on Transnational Environmental Law offers a striking illustration of the lag between a long-identified phenomenon of growing importance and the development of adequate conceptual categories to explain it and integrate it into the wider body of knowledge. Faithful to the specificity of EE Research Handbooks, this book is a major leap in closing this gap. It not only maps the field but also provides solid conceptual foundations for it. It is destined to be a classic.' --Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge, UK'This book provides a state-of-the-art guide to the dynamic new field of transnational environmental law scholarship, focused on critical, cross-cutting issues such as climate change, biodiversity loss and marine pollution. Under the expert editorial guidance of Heyvaert and Duvic-Paoli, leading and emerging scholars from around the world provide an engaging and accessible introduction to the field's key concepts, tools and debates. This Research Handbook is an essential resource for all those interested in environmental law and its broader transnational dimensions.' --Jacqueline Peel, The University of Melbourne, AustraliaTable of ContentsContents: Preface xiv PART I A THEORY OF TRANSNATIONAL ENVIRONMENTAL LAW 1 The meanings of transnational environmental law 2 Veerle Heyvaert and Leslie-Anne Duvic-Paoli 2 Exploring transnational legal orders: using transnational environmental law to strengthen the global regulation of black carbon for the benefit of the Arctic region 18 Kati Kulovesi 3 An unknown past, an unequal present, and an uncertain future: transnational environmental law through three research challenges 32 Natasha Affolder 4 Methodological challenges of transnational environmental law 48 Elisa Morgera, Louisa Parks and Mika Schroeder PART II UNDERSTANDING TRANSNATIONAL ENVIRONMENTAL GOVERNANCE 5 ‘Interglobalsuprasubandtransialidocious’: mapping and disentangling transnational environmental governance 67 Till Markus and Olaf Dilling 6 Regulatory instruments of transnational environmental governance 88 Jerneja Penca 7 Transnational environmental regulation and evolving approaches to compliance 104 Aleksandra Čavoški 8 Transnational environmental governance before the courts 126 Suzanne Kingston 9 Facing the legitimacy challenge: law as a disciplining force for transnational environmental governance 145 Josephine van Zeben PART III CONSEQUENCES OF THE TRANSNATIONALIZATION OF ENVIRONMENTAL GOVERNANCE 10 The transnationalization of environmental constitutionalism 159 Louis J. Kotzé 11 Regime interlinkages: examining the connections between transnational climate change and biodiversity law 178 Jonathan Verschuuren 12 Global values, transnational expression: from Aarhus to Escazú 198 Emily Barritt PART IV NON-STATE ACTORS AS A FOCAL POINT OF TRANSNATIONAL ENVIRONMENTAL LAW 13 The role of subnational actors in transnational climate change law 216 Jolene Lin 14 The responsibilities of corporations: new directions in environmental litigation 229 Lisa Benjamin 15 Art and activism in transnational environmental governance 248 Benjamin J. Richardson PART V CROSSING JURISDICTIONAL AND DISCIPLINARY BORDERS 16 Sovereignty, unilateralism, and the transboundary reach of environmental protection 268 An Hertogen 17 Vice or virtue? Flexibility in transnational environmental law 284 Sébastien Jodoin, Ling Chen and Carolina Gueiros 18 Judicial transnationalization 301 Geetanjali Ganguly 19 Transnational litigation: what can we learn from Chevron–Ecuador ? 318 Robert V. Percival 20 Human rights in a changing environment 340 Ole W. Pedersen 21 Intersections between climate change and the World Trade Organization 352 Shawkat Alam PART VI CONCLUDING REMARKS 22 Concluding remarks 369 Veerle Heyvaert and Leslie-Anne Duvic-Paoli Index

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Book SynopsisThis comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms.Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.Trade Review'This impressive and ambitious volume could not be more timely. Climate change now firmly links energy and the environment, and the way in which energy law is structured will profoundly influence the effectiveness of policy responses. Written by leading experts from across the world, this is the most comprehensive examination of energy law to date that has been written with climate change and the environment in mind. As such it will be an essential reference work for lawyers and policy makers engaged in these issues.' -- Richard Macrory, University College London, UK'Eighty authors from around the world provide a comprehensive study of energy law. Their 65 entries provide clear explorations of the science and technology, commercial use, and law and regulation of energy sources and uses. Special attention is given to the environmental and social consequences of energy uses ranging from climate change to energy poverty. Scholars, practitioners and interested citizens could all find no better guide to energy's multiple roles in today's and tomorrow's world.' -- Donald Zillman, University of Maine School of Law, US'This volume is edited by a formidable set of editors who have a stellar set of authors writing for them on an encyclopedic set of topics related to the broad theme of energy law, climate and the environment. I cannot think of many scholars or practitioners unaffected by the issues covered. Many of the contributors have practical experience with their assigned topic which gives the analysis extra bite. The book is most, most useful both as a practical reference guide on the law as it stands including its history and practical interpretation, and as an analysis of how the status quo ought to be changed to address the crucial issues raised in it.' -- Geert Van Calster, KU Leuven, BelgiumTable of ContentsContents: Foreword to the Encyclopedia xviii Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IX xix Michael Faure List of abbreviations xxi Introduction to Volume IX 1 Martha M Roggenkamp, Kars J de Graaf and Ruven C Fleming PART 1 GENERAL CONCEPTS IX.1 Sovereignty and jurisdiction over energy resources 9 Catherine Redgwell IX.2 Regulating the energy chain 20 Martha M Roggenkamp IX.3 The energy trilemma 31 Ruven C Fleming IX.4 Sustainable development, principles of environmental law and the energy sector 41 Kars J de Graaf and Lorenzo Squintani PART 2 INTERNATIONAL DEVELOPMENTS International energy cooperation and trade IX.5 The International Atomic Energy Agency 57 Jennifer Campion IX.6 International cooperation in oil and gas: current and evolving roles of OPEC and GECF 68 Damilola S Olawuyi IX.7 The International Energy Agency 79 John Paterson and Ruven C Fleming IX.8 The Energy Charter Treaty 88 Cees Verburg IX.9 The International Renewable Energy Agency 99 Thijs Van de Graaf Regional energy cooperation and trade IX.10 The development of energy cooperation and trade in the European Union 111 Îñigo del Guayo IX.11 Energy cooperation in North America: from CUSFTA to USMCA 122 Jos. Juan González Márquez, Alastair Lucas and Diego Almeida IX.12 Energy cooperation in South America: the case of MERCOSUR 134 Lila Barrera-Hernández and Thomas Andrew O’Keefe IX.13 Energy cooperation in Asia: the case of ASEAN 145 Sufian Jusoh IX.14 Energy cooperation in Africa: the African Union vs Regional Economic Communities 156 Taciana Peão Lopes and Cheri-Leigh Young PART 3 REGULATING ENERGY MARKETS IX.15 Governance of the energy market in the European Union 169 Silke Goldberg and Anne Eckenroth IX.16 Governance of the energy markets in Canada 180 Alastair Lucas and Diego Almeida IX.17 Governance of the energy market in the United States 193 Richard Ottinger, Aaron Rudyan and Bahar Hashemolhosseini IX.18 Governance of the energy market in Australia 204 Lee Godden and Anne Kallies IX.19 Governance of the energy market in Russia 216 Sergey Seliverstov and Ivan Gudkov IX.20 Governance of the energy market in China 227 Wang Mingyuan and Gao Lailong IX.21 Frameworks for energy governance and regulation in Africa 238 Hanri Mostert, Hugo Meyer van den Berg and Bernard Kengni PART 4 REGULATING THE OIL AND GAS SECTOR Exploration and production of oil and gas IX.22 Overview of legal regimes governing exploration and production of petroleum 257 Hugo Meyer van den Berg IX.23 Protecting health, safety and the environment offshore 267 John Paterson IX.24 Decommissioning of (abandoned or disused) offshore installations 277 Constantinos Yiallourides and Greg W Gordon New developments IX.25 Reuse of offshore oil and gas infrastructure: a case study on CCS 291 Dinand Drankier and Joris Gazendam IX.26 Regulating oil and gas exploration and production in the Arctic 302 Tina Soliman Hunter IX.27 Regulating the production of shale gas and fracking 313 Leonie Reins and Allan Ingelson IX.28 Alternatives to natural gas: the legal framework on synthetic natural gas and biomethane 326 Daisy G Tempelman PART 5 REGULATING THE ELECTRICITY PRODUCTION SECTOR General IX.29 Electricity production and emission standards 341 Kars J de Graaf and Lolke S Braaksma IX.30 Electricity production and greenhouse gas emissions trading 352 Edwin Woerdman and Yingying Zeng IX.31 Environmental considerations in regulating nuclear energy 363 Anthony Wetherall Renewable resources IX.32 Renewable energy sources and the impact on security of supply and dispatching 377 Fokke Elskamp IX.33 Regulating the promotion of renewable electricity consumption and production: a European Union case study 388 Olivia Woolley IX.34 Regulating the promotion of non-conventional renewable energy sources in Latin America 399 Milton Fernando Montoya Pardo and María Alejandra Garzón Albornoz Hydropower IX.35 Regulation of hydropower in the European Union 413 Henrik Bjørnebye IX.36 Regulation of hydropower in South America 424 Milton Fernando Montoya Pardo and Daniela Aguilar Abaunza Wind energy IX.37 Regulation of wind energy in the European Union 439 Romain Mauger IX.38 Regulation of wind power in China 450 Wang Mingyuan and Gao Lailong Solar energy IX.39 Regulating solar energy in the European Union 463 Michel Chatelin and Louis-Narito Harada IX.40 Regulating solar energy in Mexico 474 Jos. Juan González Márquez Biomass IX.41 Wood-based biomass and electricity in the United States: a case study in scientific and policy uncertainty 487 Blake Hudson IX.42 Promoting sustainable energy in Brazil: the role of biomass 498 Rômulo Sampaio and Patrícia Sampaio Geothermal IX.43 Regulation of electricity from geothermal heat in Iceland 511 Hilmar Gunnlaugsson IX.44 Regulation of geothermal resources for energy in New Zealand 522 Phoebe Parson New developments IX.45 Regulating offshore wind energy 535 Ceciel T Nieuwenhout IX.46 Regulating wave, tidal and ocean thermal energy 546 Theodore Nsoe Adimazoya and Meinhard Doelle PART 6 REGULATING ENERGY TRANSPORT General IX.47 Energy networks, natural monopolies and tariff regulation 563 Machiel Mulder and Edwin Woerdman IX.48 Maritime transport and the environment: energy transport by sea 573 Beatriz Martinez Romera and Catalin Gabriel Stanescu IX.49 Greening the transport sector: promoting ‘zero emissions vehicles’ in the EU and US 584 Gijs Kreeft and Dirk Kuiken Network-bound energy IX.50 Regulating the use of energy networks in liberalised markets 599 Anne Kallies IX.51 Regulating electricity network reliability 611 Dirk Kuiken IX.52 Regulating high voltage power lines: electromagnetic fields and safety 621 Catherine Banet and Astrid Skjønborg Brunt IX.53 Regulating pipeline safety 633 Mehdi Piri New developments IX.54 A legal framework for smart grids 645 Lea Diestelmeier IX.55 The regulation of microgrids 656 Donna M Attanasio IX.56 Developing an offshore electricity grid: European and US approaches 668 Ceciel T Nieuwenhout and Hannah K Müller IX.57 Developing a regulatory framework for electricity storage 679 Gijs Kreeft and Romain Mauger PART 7 REGULATING ACCESS TO ENERGY AND PROTECTING ENERGY CONSUMERS Energy supply and consumption IX.58 Energy poverty and household access to energy services in international, regional and national law 695 Marlies Hesselman IX.59 Protecting energy consumers from the bankruptcies of energy supply companies 707 René van ’t Hoft IX.60 Protecting energy consumers via tariff regulation 717 James M Van Nostrand New developments IX.61 Regulating residential prosumers 729 Lea Diestelmeier PART 8 REGULATING ENERGY EFFICIENCY AND ENERGY SAVINGS IX.62 Regulating energy efficiency in the European Union 741 Martha M Roggenkamp IX.63 Energy efficiency at energy production level: promoting combined heat and power 753 Maciej M Sokołowski IX.64 The role of demand-response mechanisms in promoting energy efficiency 764 LeRoy Paddock IX.65 Energy efficiency at the consumer level in the United States 776 LeRoy Paddock and Deepti Bansal Index 789

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Book SynopsisEnvironmental crime is arguably the most vital and destructive crime of the 21st century, especially in the light of climate change and shifts in social, economic and ecological circumstances that will accompany global warming. The author takes an excitingly broad and refreshing approach to environmental crime and investigates a variety of topics including illegal fishing, poaching, wildlife crimes, animal abuse, climate change and ecocide as well as crimes related to waste, energy and contamination.Trade Review‘This two volume collection edited by Professor Rob White offers a challenging and insightful flavour of the criminological endeavour to address one of the most prescient challenges of the 21st century: environmental crime. Edited by one of the foremost academics in this field these two volumes do not claim to be exhaustive but as the editor says they do claim to be “interesting, provocative, informative and stimulating”. They are certainly all of these things and more besides. Taken together they lay down an unprecedented challenge to academics, politicians and policy-makers alike to take environmental crime seriously: an essential collection for anyone interested in these issues.’ -- Sandra Walklate, Liverpool University, UK and Monash University, AustraliaTable of ContentsContents: Volume I Acknowledgements ix Introduction Rob White xii PART I ENVIRONMENTAL HARM AND TRANSNATIONAL ENVIRONMENTAL CRIME 1. Susan F. Mandiberg (2009), ‘Locating the Environmental Harm in Environmental Crimes’, Utah Law Review, 4, 1177–222 2 2. Brian J. Preston (2007), ‘Principled Sentencing for Environmental Offences – Part 2: Sentencing Considerations and Options’, Criminal Law Journal, 31 (3), 142–64 48 3. Ali Mohamed Al-Damkhi, Ali Mohamed Khuraibet, Sabah Ahmed Adbul-Wahab and Faten Abdul-Hameed Al-Attar (2009), ‘COMMENTARY: Toward Defining the Concept of Environmental Crime on the Basis of Sustainability’, Environmental Practice, 11 (2), June, 115–24 71 4. Glen Wright (2011), ‘Conceptualising and Combating Transnational Environmental Crime’, Trends in Organised Crime, 14 (4), December, 332–46 81 5. Lorraine Elliott (2012), ‘Fighting Transnational Environmental Crime’, Journal of International Affairs, 66 (1), Fall–Winter, 87–104 96 6. Greg L. Warchol, Linda L. Zupan and Willie Clack (2003), ‘Transnational Criminality: An Analysis of the Illegal Wildlife Market in Southern Africa’, International Criminal Justice Review, 13 (1), May, 1–27 114 7. Carole Gibbs, Meredith L. Gore, Edmund F. McGarrell and Louie Rivers III (2010), ‘Introducing Conservation Criminology: Towards Interdisciplinary Scholarship on Environmental Crimes and Risks’, British Journal of Criminology, 50 (1), 124–44 141 8. Leo R. Douglas and Kelvin Alie (2014), ‘High-Value Natural Resources: Linking Wildlife Conservation to International Conflict, Insecurity, and Development Concerns’, Biological Conservation, 171, 270–77 162 9. Rob White (2017), ‘The Four Ways of Eco-Global Criminology’, International Journal for Crime, Justice and Social Democracy, 6 (1), 8–22 170 10. Avi Brisman and Nigel South (2019), ‘Green Criminology and Environmental Crimes and Harms’, Sociology Compass, 13 (1), January, 1–12 185 PART II ILLEGAL FISHING 11. John L. McMullan and David C. Perrier (2002), ‘Lobster Poaching and the Ironies of Law Enforcement’, Law and Society Review, 36 (4), January, 679–717 198 12. Maria Hauck (2009), ‘Crime, Environment and Power: Revisiting the Abalone Fishery’, South African Journal of Criminal Justice, 22 (2), January, 229–45 237 13. Nerea Marteache, Julie Viollaz and Gohar A. Petrossian (2015), ‘Factors Influencing the Choice of a Safe Haven for Offloading Illegally Caught Fish: A Comparative Analysis of Developed and Developing Economies’, Crime Science, 4 (32), October, 1–13 254 14. Gohar Petrossian, Judith S. Weis and Stephen F. Pires (2015), ‘Factors Affecting Crab and Lobster Species Subject to IUU Fishing’, Ocean and Coastal Management, 106, March, 29–34 267 15. Gohar A. Petrossian (2015), ‘Preventing Illegal, Unreported and Unregulated (IUU) Fishing: A Situational Approach’, Biological Conservation, 189, September, 39–48 273 16. Eve de Coning and Emma Witbooi (2015), ‘Towards a New “Fisheries Crime” Paradigm: South Africa as an Illustrative Example’, Marine Policy, 60, October, 208–15 283 PART III POACHING AND BIRDLIFE 17. Stephen Pires and Ronald V. Clarke (2012), ‘Are Parrots CRAVED? An Analysis of Parrot Poaching in Mexico’, Journal of Research in Crime and Delinquency, 49 (1), March, 122–46 292 18. Stephen F. Pires, Jacqueline L. Schneider, Mauricio Herrera and José L. Tella (2016), ‘Spatial, Temporal and Age Sources of Variation in Parrot Poaching in Bolivia’, Bird Conservation International, 26 (3), September, 293–306 317 19. Ronald V. Clarke and Rolf A. de By (2013), ‘Poaching, Habitat Loss and the Decline of Neotropical Parrots: A Comparative Spatial Analysis’, Journal of Experimental Criminology, 9 (3), April, 333–53 331 20. Stephen F. Pires, Jacqueline L. Schneider and Mauricio Herrera (2016), ‘Organized Crime or Crime that is Organized? The Parrot Trade in the Neotropics’, Trends in Organized Crime, 19 (1), March, 4–20 352 21. Jessica S. Kahler and Meredith L. Gore (2012), ‘Beyond the Cooking Pot and Pocket Book: Factors Influencing Noncompliance with Wildlife Poaching Rules’, International Journal of Comparative and Applied Criminal Justice, 36 (2), May, 103–20 369 22. Erica von Essen, Hans Peter Hansen, Helena Nordström Källström, M. Nils Peterson and Tarla Rai Peterson (2014), ‘Deconstructing the Poaching Phenomenon: A Review of Typologies for Understanding Illegal Hunting’, British Journal of Criminology, 54 (4), July, 632–51 387 PART IV WILDLIFE CRIMES 23. Anita Lavorgna (2014), ‘Wildlife Trafficking in the Internet Age’, Crime Science, 3 (5), April, 1–12 408 24. Daan van Uhm (2016), ‘Monkey Business: The Illegal Trade in Barbary Macaques’, Journal of Trafficking, Organized Crime and Security, 2 (1), 36–49 420 25. William D. Moreto and A.M. Lemieux (2015), ‘From CRAVED to CAPTURED: Introducing a Product-based Framework to Examine Illegal Wildlife Markets’, European Journal on Criminal Policy and Research, 21 (3), December, 303–20 434 26. Anh Cao Ngoc and Tanya Wyatt (2013), ‘A Green Criminological Exploration of Illegal Wildlife Trade in Vietnam’, Asian Journal of Criminology, 8 (2), June, 129–42 452 27. Rebecca W.Y. Wong (2016), ‘The Organization of the Illegal Tiger Parts Trade in China’, British Journal of Criminology, 56 (5), September, 995–1013 466 28. Duarte Gonçalves (2017), ‘Society and the Rhino: A Whole-of- Society Approach to Wildlife Crime in South Africa’, South African Crime Quarterly, 60, June, 9–18 485 PART V ANIMAL ABUSE AND KILLING OF ANIMALS 29. Geertrui Cazaux (1999), ‘Beauty and the Beast: Animal Abuse from a Non-Speciesist Criminological Perspective’, Crime, Law and Social Change, 31 (2), March, 105–26 496 30. Michelle Larkins Jacques, Carole Gibbs and Louie Rivers III (2013), ‘Confined Animal Feeding Operations’, CRIMSOC: Journal of Social Criminology, 4, Autumn, 10–63 518 31. Ragnhild Sollund (2011), ‘Expressions of Speciesism: The Effects of Keeping Companion Animals on Animal Abuse, Animal Trafficking and Species Decline’, Crime, Law and Social Change, 55 (5), June, 437–51 572 32. Piers Beirne (2014), ‘Theriocide: Naming Animal Killing’, International Journal for Crime, Justice and Social Democracy, 3 (2), 49–66 587 33. Gareth Enticott (2011), ‘Techniques of Neutralising Wildlife Crime in Rural England and Wales’, Journal of Rural Studies, 27 (2), April, 200–208 605 34. Angus Nurse (2016), ‘Beyond the Property Debate: Animal Welfare as a Public Good’, Contemporary Justice Review, 19 (2), 174–87 614 Index Volume II Acknowledgements viii Introduction An introduction to both volumes by the editor appears in Volume I PART I CLIMATE CHANGE AND ECOCIDE 1. Clifford Shearing (2015), ‘Criminology and the Anthropocene’, Criminology and Criminal Justice, 15 (3), June, 255–69 2 2. Robert Agnew (2012), ‘Dire Forecast: A Theoretical Model of the Impact of Climate Change on Crime’, Theoretical Criminology, 16 (1), February, 21–42 17 3. Matthew Ranson (2014), ‘Crime, Weather, and Climate Change’, Journal of Environmental Economics and Management, 67 (3), 274–302 39 4. Polly Higgins, Damien Short and Nigel South (2013), ‘Protecting the Planet: A Proposal for a Law of Ecocide’, Crime, Law and Social Change, 59 (3), 251–66 68 5. Ronald C. Kramer (2013), ‘Carbon in the Atmosphere and Power in America: Climate Change as State–Corporate Crime’, Journal of Crime and Justice, 36 (2), 153–70 84 6. William C. Tucker (2012), ‘Deceitful Tongues: Is Climate Change Denial a Crime?’, Ecology Law Quarterly, 39 (3), 831–92 102 7. Deniz Tekayak (2016), ‘Protecting Earth Rights and the Rights of Indigenous Peoples: Towards an International Crime of Ecocide’, Fourth World Journal, 14 (2), Winter, 5–13 164 8. Rob White and Ronald C. Kramer (2015), ‘Critical Criminology and the Struggle Against Climate Change Ecocide’, Critical Criminology, 23 (4), November, 383–99 173 PART II AIR, LAND AND WATER CRIMES 9. Reece Walters (2010), ‘Toxic Atmospheres Air Pollution, Trade and the Politics of Regulation’, Critical Criminology, 18 (4), 307–23 191 10. Rebecca S. Katz (2010), ‘The Corporate Crimes of Dow Chemical and the Failure to Regulate Environmental Pollution’, Critical Criminology, 18 (4), 295–306 208 11. Lieselot C.J. Bisschop, Staci Strobl and Julie S. Viollaz (2018), ‘Getting into Deep Water: Coastal Land Loss and State–Corporate Crime in the Louisiana Bayou’, British Journal of Criminology, 58 (4), July, 886–905 220 12. Elaine Barclay and Robyn Bartel (2015), ‘Defining Environmental Crime: The Perspective of Farmers’, Journal of Rural Studies, 39, June, 188–98 240 13. Hope Johnson, Nigel South and Reece Walters (2016), ‘The Commodification and Exploitation of Fresh Water: Property, Human Rights and Green Criminology’, International Journal of Law, Crime and Justice, 44, March, 146–62 251 14. Robyn Luise Bartel (2005), ‘When the Heavenly Gaze Criminalises: Satellite Surveillance, Land Clearance Regulation and the Human-Nature Relationship’, Current Issues in Criminal Justice, 16 (3), March, 322–39 268 PART III WASTE, ENERGY AND CONTAMINATION 15. Don Liddick (2010), ‘The Traffic in Garbage and Hazardous Wastes: An Overview’, Trends in Organized Crime, 13 (2–3), September, 134–46 287 16. Vincenzo Ruggiero and Nigel South (2013), ‘Toxic State–Corporate Crimes, Neo-Liberalism and Green Criminology: The Hazards and Legacies of the Oil, Chemical and Mineral Industries’, International Journal for Crime, Justice and Social Democracy, 2 (2), 12–26 300 17. Karen Hulme and Damien Short (2014), ‘Ecocide and the “Polluter Pays” Principle: The Case of Fracking’, Environmental Scientist, April, 7–10 315 18. David M. Uhlmann (2011), ‘After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law’, Michigan Law Review, 109, June, 1413–61 319 19. Elizabeth A. Bradshaw (2015), ‘“Obviously, We’re all Oil Industry”: The Criminogenic Structure of the Offshore Oil Industry’, Theoretical Criminology, 19 (3), 376–95 368 20. Dale C. Spencer and Amy Fitzgerald (2013), ‘Three Ecologies, Transversality and Victimization: The Case of the British Petroleum Oil Spill’, Crime, Law and Social Change, 59 (2), March, 209–23 388 PART IV ILLEGAL LOGGING, DEFORESTATION AND BIOPIRACY 21. Tim Boekhout van Solinge (2010), ‘Deforestation Crimes and Conflicts in the Amazon’, Critical Criminology, 18 (4), December, 263–77 404 22. Penny Green, Tony Ward and Kirsten McConnachie (2007), ‘Logging and Legality: Environmental Crime, Civil Society, and the State’, Social Justice, 34 (2), September, 94–110 419 23. Lieselot Bisschop (2012), ‘Out of the Woods: The Illegal Trade in Tropical Timber and a European Trade Hub’, Global Crime, 13 (3), August, 191–212 436 24. Reece Walters (2004), ‘Criminology and Genetically Modified Food’, British Journal of Criminology, 44 (2), March, 151–67 458 25. David Rodríguez Goyes and Nigel South (2016), ‘Land-Grabs, Biopiracy and the Inversion of Justice in Colombia’, British Journal of Criminology, 56 (3), 558–77 475 26. Reece Walters (2006), ‘Crime, Bio-Agriculture and the Exploitation of Hunger’, British Journal of Criminology, 46 (1), 26–45 495 PART V CROSS-OVER CRIMES AND ORGANISED CRIMINAL NETWORKS 27. Johan Bergenas and Ariella Knight (2015), ‘Green Terror: Environmental Crime and Illicit Financing’, SAIS Review of International Affairs, 35 (1), Winter–Spring, 119–31 516 28. Henrik Österblom, Andrew Constable and Sayaka Fukumi (2011), ‘Illegal Fishing and the Organized Crime Analogy’, Trends in Ecology and Evolution, 26 (6), June, 261–62 529 29. Daan P. van Uhm and William D. Moreto (2018), ‘Corruption Within the Illegal Wildlife Trade: A Symbiotic and Antithetical Enterprise’, British Journal of Criminology, 58 (4), July, 864–85 531 30. Peter Martin and Reece Walters (2013), ‘Fraud Risk and the Visibility of Carbon’, International Journal for Crime, Justice and Social Democracy, 2 (2), September, 27–42 553 31. Stefano Caneppele, Michele Riccardi and Priscilla Standridge (2013), ‘Green Energy and Black Economy: Mafia Investments in the Wind Power Sector in Italy’, Crime, Law and Social Change, 59 (3), April, 319–39 569 32. Julie Ayling (2013), ‘What Sustains Wildlife Crime? Rhino Horn Trading and the Resilience of Criminal Networks’, Journal of International Wildlife Law and Policy, 16 (1), March, 57–80 590 Index

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Book SynopsisThe European Union has succeeded in bringing into force an impressive package of regulatory measures aiming to provide a high level of environmental protection across the EU. As a result, scholars, students and practitioners are confronted with the challenge of gaining insight into this complex legislative framework and its effects. This wide-ranging Research Handbook investigates a multitude of substantive issues including waste, nature conservation, air pollution, water quality protection, chemical substantives and genetically modified organisms. Based on contributions developed by 40 environmental law scholars, this comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society?s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation. Shedding light on the institutional, horizontal and sectoral dimensions of EU environmental law, the Research Handbook on EU Environmental Law will be a key resource for environmental law scholars both in the EU and worldwide, whilst also being of value to environmental law practitioners working in EU member states.Trade Review‘This book provides an excellent and comprehensive overview of the main topics and equips the reader with a rich basis of information and expertise. It invites the interested reader to join a discussion which covers many layers, sectors, institutions, successes, and challenges. More than simply enabling the reader to understand contemporary discourses in EU environmental law, it also brings to the forefront powerful ideas for improving its content and application in pursuit of an environmentally sustainable Europe.’ -- Christina Voigt, German Yearbook of International Law'This Research Handbook is an important one-stop shop for academics, practitioners, and students. It is a valuable teaching resource to stimulate the critical thinking of advanced students about the EU's approach to environmental law. It is also a must have for practitioners who are looking for short but critical analyses of the most important issues of EU environmental law.' -- Virginie Rouas, Law, Environment and Development Journal'With an impressive line-up of top quality academics in the area of European environmental law, this Research Handbook covers a broad range of highly topical issues. It will be a great read for academics and practitioners alike.' -- Jan Jans, University of Groningen, the NetherlandsTable of ContentsContents: Introduction: the challenge of understanding EU environmental law Marjan Peeters & Mariolina Eliantonio (editors) PART 1: INSTITUTIONAL AND HORIZONTAL ISSUES 1. Competences for EU environmental legislation: about blurry boundaries and potential opportunities Helle Tegner Anker 2. Where eagles dare: How much further may EU Member States go under Article 193 TFEU? Leonie Reins 3. Principles of EU environmental law, including the objective of sustainable development Gyula Bándi 4. The institutional architecture of EU environmental governance: the role of EU agencies Annalisa Volpato & Ellen Vos 5. The EU’s External Action after Lisbon: Competences, Policy Consistency and Participation in International Environmental Negotiations Antonio Cardesa-Salzmann & Elisa Morgera 6. Environment and trade law in the EU: Seeing the bees for the balance Sheet Geert van Calster 7. Transnational administrative acts in EU environmental law Luca De Lucia & Maria Chiara Romano PART 2 ENVIRONMENTAL PROCEDURAL RIGHTS 8. Access to environmental information under EU law Uzuazo Etemire 9. Access to public participation: Unveiling the mismatch between what law prescribes and what the public wants Lorenzo Squintani & Goda Perlaviciute 10. Access to justice in environmental matters in the EU: The EU’s difficult road towards non-compliance with the Aarhus Convention Matthijs van Wolferen & Mariolina Eliantonio 11. Environmental Impact Assessment in the EU Agustín García-Ureta PART 3: COMPLIANCE AND ENFORCEMENT MECHANISMS 12. Direct effect in EU environmental law: towards the end of a doctrine? Ludwig Krämer 13. Environmental Inspection by public authorities Martin Hedemann-Robinson 14. Enforcing environmental law through infringements and sanctioning: steering not rowing Melanie Smith PART 4: LIABILITY 15. Environmental liability: The difficulty of harmonizing different national civil liability systems Barbara Pozzo 16. Environmental criminal liability Michael Faure PART 5: SUBSTANTIVE APPROACHES 17. EU nature conservation law: fit for purpose An Cliquet 18. Beyond the 2019 Fitness Check of the Water Framework Directive: designing the future of European Water Law Nathalie Hervé-Fournereau 19. EU Air Pollution Law: Comprehensive But Insufficient Kendro Pedrosa & Bernard Vanheusden 20. Integrated Pollution and Prevention: A critical legal perspective on all-inclusive integration Lolke S Braaksma & Hanna Tolsma 21. Waste Framework Directive and the Circular Economy Chris Backes 22. Industrial chemicals in the regulatory laboratory: self-responsibility and inclusive governance Martin Führ & Julian Schenten 23. The Perfect Storm: GMO Governance and The EU Technocratic Turn. Giulia Claudia Leonelli 24. Light-vehicles Emissions Standards under EU Law in the wake of the `Diesn, Professor of Environmental Law, Faculty of Law, Hasselt University, Belgiumelgate’ Nicolas de Sadeleer 25. The EU’s approach to environmentally sustainable business: can disclosure overcome the failings of shareholder primacy? Andrew Johnston & Beate Sjåfjell PART 6 : CLIMATE LAW 26. The Paris Agreement, EU Climate Law and the Energy Union Estelle Brosset & Sandrine Maljean-Dubois 27. The EU Effort Sharing and LULUCF Regulations: The Complementary yet Crucial Components of the EU’s Climate Policy Beyond 2030 Seita Romppanen 28. EU emissions trading: its regulatory evolution and the role of the Court Stefan Weishaar 29. Energy efficiency and energy saving – the “first fuel” Thomas Schomerus PART 7: CONCLUSIONS 30. On Regulatory Power, Compliance, and the Role of the Court in EU Environmental Law Marjan Peeters & Mariolina Eliantonio Index

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Book SynopsisAlthough the world faces many environmental challenges, climate change continues to demand attention in both academic and public spheres. Innovation Addressing Climate Change Challenges explores ways in which market-based instruments and complementary policies can help countries meet their climate change goals following the Paris Agreement.In this insightful book, internationally distinguished climate change scholars have come together to examine the potential of a range of market-based instruments. These include carbon pricing, coal subsidies, vehicle taxation, government incentives for the electricity sector, and noise pollution taxes. Offering useful market-based perspectives, the book not only demonstrates the possibilities that these various instruments offer in reducing the risks of climate change, but also the challenges that exist in utilizing them. These insights will help to inform the many climate policy decisions that lie ahead.Astute and forward thinking, this timely book will be of vital importance to both students and scholars of environmental law and environmental economics with a particular focus on climate change. Political science students, as well as government officials, will also find its guidance on future policy engaging and timely.Table of ContentsContents: Foreword by Janet E. Milne Preface PART I Carbon pricing design and prospects 1. Introducing carbon taxes - issues and barriers Stefan E. Weishaar 2. Border adjustment with taxes or allowances to level the price of carbon Mikael Skou Andersen 3. Towards Bottom-up carbon pricing in Canada Takeshi Kawakatsu and Sven Rudolph 4. Beyond Thunderdome? The prospects of federal greenhouse gas cap-and-trade in Australia Elena Aydos and Sven Rudolph 5. How market-based emissions reduction mechanisms affect private property in Australia Vanessa Johnston PART II Complementary tax approaches 6. Vehicle taxation in EU member states Claudia Kettner and Daniela Kletzan-Slamanig 7. Cutting Europe’s lifelines to coal subsidies Shelagh Whitley, Laurie van der Burgh, Leah Worrall and Sejal Patel 8. Noise pollution taxes: a possibility to explore Marta Villar Ezcurra 9. Tackling environmental pollution in Seoul, South Korea through tax incentives and related strategies Stephanie Lee, Heidi Hylton Meier and Paul J. Lee PART III Revenue perspectives 10. Green ICMS - Brazil’s tax revenue distribution based on environmental criteria Lise Tupiassu, Bernardo Mendonça Nobrega and Jean-Raphaël Gros-Désormaux 11. Climate change-related action and non-productive investments in the European Union María Amparo Grau Ruiz 12. Total economic value of the Cagayan de Oro river basin Rosalina Palanca-Tan, Catherine Roween Chico-Almaden, Ma. Kresna Navarro, Marichu Melendez-Obedencio and Caroline Laarni Rubio-Sereñas PART IV Incentives for the electricity sector 13. Low-income households in New York’s Reforming the Energy Visions Ross Astoria 14. Mitigating the environmental consequences of electricity sector “lock in”: options for a de-carbonised energy future Rowena Cantley-Smith 15. An overview of zero emission credits for nuclear power plants in the United States Hans Sprohge and Larry Kreiser Index

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Book SynopsisThis timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D.Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.Trade Review‘Meinhard Doelle and Sara L. Seck offer a brave and overdue intervention into conventional climate law and loss & damage scholarship. They adopt an unflinchingly equity-oriented approach to climate law and explore some of the most contentious yet essential challenges – including climate justice, racial capitalism, colonialism, intersectionality and private sector participation. In addition to grappling with these challenges head on, the book also offers granular analysis of core questions of international law and international institutions and would be essential reading for anyone interested in climate law, loss & damage, or more far-reaching questions of how to draw upon the rule of law to build a safer and more equitable world.’ -- Cinnamon Carlarne, The Ohio State University, US‘Meinhard Doelle and Sara Seck bring together an impressive update on this ever evolving subject, providing required discussions on the importance of our response to climate change. Well-respected contributors provide insightful thoughts on the topic making this an essential read for those practicing within climate law and policy and academics and scholars studying the environment and climate change.’ -- Mary Robinson, Former President of Ireland and Adjunct Professor, Trinity College, Dublin, Republic of IrelandTable of ContentsContents: 1 Introducing loss and damage 1 Meinhard Doelle and Sara L Seck PART I FRAMEWORKS 2 Equity considerations in loss and damage 18 Nathalie J. Chalifour 3 The sacrifice zones of carbon capitalism: race, expendability, and loss and damage 43 Carmen G. Gonzalez 4 Measuring the immeasurable: loss and damage from climate change in international law 60 Usha Natarajan PART II PUBLIC INTERNATIONAL LAW 5 Loss and damage under the Convention 75 Linda Siegele 6 Loss and damage under the Paris Agreement 100 Linda Siegele 7 Arrested development: the late and inequitable integration of loss and damage finance into the UNFCCC 127 Patricia Galvão Ferreira 8 Against the headwind: innovative sources of loss and damage finance 149 Patricia Galvão Ferreira 9 State responsibility for damages associated with climate change 166 Christina Voigt 10 Valuation of climate change loss and damage 184 Cymie R Payne 11 A rights-based approach to loss and damage due to climate change 201 Katherine Lofts, Sébastien Jodoin and Larissa Parker 12 Indigenous peoples, climate change loss and damage, and the responsibilities of states 223 Kyle Powys Whyte 13 Loss and damage, climate displacement and international law: addressing the protection gap 244 Sumudu Atapattu 14 Loss and damage, disaster law, and climate change 266 Anastasia Telesetsky 15 Solar radiation modification and loss & damage: mapping interactions between climate responses 286 Neil Craik PART III DOMESTIC, TRANSNATIONAL AND PRIVATE INTERNATIONAL LAW 16 Atmospheric recovery litigation around the world: gaining natural resource damages against carbon majors to fund a sky cleanup for climate restoration 303 Mary Christina Wood 17 Loss and damage in European litigation 331 Roda Verheyen and Johannes Franke 18 Towards a civil liability regime for climate-related loss and damage 349 Sharon Mascher 19 Think globally, sue locally: challenges and opportunities in international climate litigation in domestic courts 368 Andrew Gage 20 Carbon major companies and liability for loss and damage 390 Lisa Benjamin 21 Class actions and climate change loss and damage litigation 409 C. Cameron and R. Weyman PART IV CONCLUSIONS 22 Pathways and prospects for loss & damage and climate justice 433 Sara L Seck and Meinhard Doelle Index

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Book SynopsisGlobal food insecurity is a growing issue. At a time when the world's population is increasing and agricultural production is challenged by climate change, it is estimated that around a third of the food produced globally is lost or wasted. This book examines the problem of food loss and waste (FLW) and the policies that could be enacted to remedy this fundamental global concern.Michael Blakeney provides a well-rounded view of FLW from production to plate. He begins by examining the problems associated with defining and measuring food waste, arguing that more reliable data on FLW is key to the creation of effective FLW reduction policies. He goes on to address the drivers of FLW, the environmental impacts of FLW and the moral and ethical considerations that are linked to the issue. Food Loss and Waste concludes with a critical assessment of FLW reduction strategies across the food supply chain.Providing the first comprehensive assessment of FLW and its remedies, this book will be of great interest to scholars working in the fields of food security, agricultural law and policy and rural economics. Policy makers involved in food policy and security will also find this a valuable resource as it identifies and analyses FLW policies on an international scale.Trade Review'Food waste is a problem of staggering global size. In this tour de force Michael Blakeney unravels the networked complexity of the problem and advances creative regulatory solutions for helping to reduce the scale of the problem.' --Peter Drahos, European University Institute, Italy'The subject of food waste is increasingly compelling the attention of policy makers and stakeholders along the food supply chain. In the absence of a developed literature on the subject, Professor Blakeney's book provides a comprehensive review of the drivers of food waste and remedies for its minimization. It also provides valuable insights into the formulation of food waste policy.' --Kadambot Siddique, University of Western AustraliaTable of ContentsContents: 1. Food Loss and Waste and Food Security 2. Definitions and Metrics 3. Environmental Impacts 4. Drivers of Food Waste 5. Ethical Issues 6. Regulatory Options 7. Strategies for FLW Reduction 8. Policy Formulation Index

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Book SynopsisChallenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules, highlighting that established approaches to existential threats impacting our natural environment cannot be relied upon.Calling for a rethinking of how science is best used in environmental law, it explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed. Proposing a new algorithm for the formulation of workable environmental laws, Laitos explores the ways in which these should be linked to the laws of connection, simplicity, economy, and symmetry. This innovative book illustrates examples of this new class of laws, based not on regulations and rules, but on rights and duties.Rethinking Environmental Law will be an illuminating read for students and scholars of environmental law and policy. Suggesting an alternative role for science in developing environmental policy, it will also be of value to environmental policy makers.Trade Review'In an era when almost all commentators believe we must rethink environmental law, Jan G. Laitos stands out for having rethought it from top to bottom to align environmental law's ''algorithm'' with the Laws of Nature. Distilling those laws to the three core universal principles of connectedness, economy, and symmetry, he leverages them to redesign the new algorithm around the concept of the social-ecological system, to which environmental law must assign rights and to which humans must bear positive duties of protection. Along the way he offers a sweeping history and critique of environmental law‚Äôs current algorithm of separation between humans and Nature. Anyone thinking we need to rethink environmental law should start with Laitos's splendid book, and perhaps end there as well.' -- J.B. Ruhl, Vanderbilt University Law School, US'Almost everyone who works in environmental and natural resources law acknowledges that some changes are necessary, from the basics of recognizing that that various environmental media-air, water, land‚Äìare connected to the thornier issue of how to cope with climate change and the other realities of the Anthropocene. Jan G. Laitos goes back to first principles to ask how human-created environmental and natural resources law can better align with natural law. He offers a compelling mantra of symmetry, economy, and entanglement to replace our current emphasis on separation. Along the way, he touches on most of the most important currently debated issues in this field of law: the proper role of science in formulating policy; systems thinking; Earth Law; and Rights of Nature before returning again to first principles: every right has an accompanying duty. Rethinking Environmental Law's clear prose and fast pace make it accessible to anyone curious about the issues facing human ''management'' of the environment in the 21st century, while still offering an argument provocative to seasoned practitioners.' -- Robin Kundis Craig, University of Southern California, US'Jan G. Laitos has been the most intellectually creative, insightful, transdisciplinary, and underappreciated scholar of his generation - the ''first-generation'' of environmental law scholarship. Rethinking Environmental Law provides a profound reconsideration of how human environmental laws relate (or fail to relate) to the ''Laws of Nature,'' and offers a blueprint for re-configuring American environmental law that is theoretically well-grounded, yet eminently practical. Scholars in future decades will cite this book as a seminal contribution.' -- Daniel H. Cole, Indiana University, USTable of ContentsContents: Prologue 1. Introduction: Replacing the standard algorithm for environmental law PART I UTILITARIAN SCIENCE AND A PRESUMPTION OF SEPARATION 2. Introduction to Part I 3. The standard model of nature and humans, and the historic presumption of separation 4. Environmental laws and the rule of separation PART II LOOK AT MOTHER NATURE ON THE RUN 5. Introduction to Part II 6. The reckoning PART III EXPLANATORY SCIENCE AND A NEW PRESUMPTION OF ENTANGLEMENT 7. Introduction to Part III 8. A more realistic model of nature and humans, reflecting a presumption of entanglement 9. Environmental laws reflecting a presumption of entanglement 10. The paralysis paradox and the untapped role of explanatory science in solving “big” environmental problems PART IV NO NEED FOR MORE LAW, ONLY DIFFERENT LAW 11. Introduction to Part IV 12. The laws of nature and the principle of universality 13. Environmental law and the Universal Laws of Nature PART V SYMMETRICAL ENVIRONMENTAL PROTECTIONS: RECIPROCAL RIGHTS AND DUTIES CONFORMING TO NATURE’S LAWS 14. Introduction to Part V 15. A positive legal right for the social-ecological system 16. A positive duty imposed on humans to ensure the survival of Earth’s SES Index

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Book SynopsisFacts and feelings constitute a complex tension in modern science. Not only can public opinion deviate from scientific knowledge, but that knowledge itself can be lacunose or contradicting. Managing Facts and Feelings in Environmental Governance examines this internal friction, between the need to engage the public in the importance of environmental governance and the demand of professional expertise to address the issues that arise. This timely and insightful book acknowledges the growing role of behavioural science in the determination of environmental policy, regulation and decision-making, providing astute guidance to decision-makers regarding how to balance the needs of public participation procedures and professional expertise. Its multidisciplinary approach provides new insights in the field of public participation, enabling further analysis of environmental psychology, equality law and fundamental rights and offers concrete guidance on how to approach natural science in court. Engaging with the role that the precautionary principle can play in balancing tensions between public and academic spheres, this book includes a state-of-the-art account of the precautionary approach under EU and International Law. Combining law in action with academic approaches, this book is a must-read for scholars of environmental law, governance and regulation. It also offers valuable guidance for decision-makers and NGOs active in environmental protection, as well as environmental lawyers at national, European and international levels.Trade Review‘The book is a valuable contribution to current scholarship and practice in environmental law, and it is especially significant in inviting further studies on these issues.’ -- Anne Saab, Review of European, Comparative and International Environmental Law'This book enriches the existing literature on environmental law and policy by discussing the often underestimated influence of facts and feelings on policy decisions. Its scientific approach and the wide experience of the contributors have generated a full consideration of all facets of the problem, including the points of view of industry, environmentalists, scientists and judges. Participation problems, the precautionary principle, the innovation principle and the judges' problems of making decisions in cases of tensions between facts and feelings are discussed in detail. The book presents an innovative and thought-inspiring insight into the challenges and difficulties of environmental decision-making.' --Ludwig Krämer, Derecho y Medio Ambiente S.L., SpainTable of ContentsContents: Foreword 1. Introduction Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll Part 1 The Inclusion and Management of the Feelings and Opinions of the Public in Environmental Decision-Making 2. Public Participation in Decision-Making on Energy Projects: When Does it Lead to Better and More Acceptable Energy Projects? Goda Perlaviciute 3. Towards Equal Opportunities in Public Participation in Environmental Matters in the European Union Lorenzo Squintani and Hendrik Schoukens 4. When Feelings Become Scientific Facts: Valuing Cultural Ecosystem Services and Taking Them Into Account in Public Decision-Making Alexandra Aragão Part II Scientific Evidence In Environmental Judicial Proceedings 5. Understanding the Nuts and Bolts: Scientific and Technical Knowledge in Environmental Litigation: National Solutions, EU Requirements and Current Challenges Jan Darpö 6. Scientific Facts and Litigants' Feelings: Practical Innovations From the Vermont Environmental Court and Other Jurisdictions Merideth Wright 7. Scientific evidence in Swedish courts: the use of technical judges for better integration of scientific data in environmental decision-making Mikael Schultz Part III The Precautionary Principle: A Challenged Tool to Manage Scientific Uncertainty 8. Of Fear and Prudence: Precaution Through Better Regulation and Innovation Peter-Tobias Stoll 9. The Limits to Precaution in International Trade Law: From WTO Law to EU Trade Agreements Wybe Th. Douma 10. Conclusions: facts and feelings as catalysts for environmental administration 3.0 Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll Index

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Book SynopsisBringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries. Trade Review‘The book paints a well-rounded picture of the state of play on issues of polar region marine living resource management in the second decade of the twenty-first century.’ -- Andrew Serdy, Ocean Yearbook‘Governing Marine Living Resources in the Polar Regions is one of the first books to comprehensively cover fisheries management in both Polar regions. With its unique concurrent analysis of the Antarctic and Arctic legal regimes, it addresses the question of how governance frameworks can be developed in the polar regions in a manner that effectively reconciles human needs and environmental protection. This book will appeal to both those involved in fisheries management and broader Polar governance and policy. It greatly contributes to the current literature by providing a better understand of the overarching global issues facing both Poles and how they have responded considering their very different governance regimes. As the first book to focus on this area, it synthesises the current understanding of marine living resources at the Poles, and with a unique focus on science and new actors in the Polar regions, highlights the benefits of a circumpolar approach to fisheries management.’ -- Claudia Sosin, Marine Policy‘This book offers a range of interesting insights into contemporary polar oceans marine living resource management.’ -- Tim Stephens, The Polar Journal‘This edited volume on the governance of marine living resources in the polar regions brings together a significant number of scholarly articles by an excellent mix of leading and established researchers and practitioners, as well as promising early-career academics. The research is very timely indeed...There is no doubt that this edited volume succeeds in its objective of providing a broad range of readers with a sound and solid assessment of key features of the governance regimes of marine living resources in the polar regions.’ -- Erik J. Molenaar, The International Journal of Marine and Coastal Law'The polar regions are sentinels for biophysical change, changes that are in turn likely to have a range of impacts on geopolitics, human activities, resource use and environmental management. This book provides a timely and significant assessment of these opportunities and challenges, drawing on insights from experts on the Arctic and Southern Oceans. These perspectives - from science, law and political science - provide a comprehensive assessment of the current state of marine resource management in the polar regions.' --Marcus Haward, University of Tasmania, Australia'The Earth's marine systems are under increasing pressure, nowhere more so than in the polar regions. In this timely volume, a team of knowledgeable analysts assess the capacity of existing Antarctic and Arctic regimes to cope with the resultant governance challenges. This work will be of interest not only to those concerned with the polar regions but also to the broader community of those interested in the fate of the world's marine systems in this era of global change.' --Oran R. Young, University of California, Santa Barbara, USTable of ContentsContents List of contributors vii Foreword by Klaus Dodds xiii Foreword by Karen N. Scott xviii Acknowledgement xxi 1 Introduction 1 Nengye Liu, Cassandra M. Brooks and Tianbao Qin PART I ANTARCTICA 2 The principles of the Convention on the Conservation of Antarctic Marine Living Resources: why its Commission is not a Regional Fisheries Management Organisation 9 Anthony J. Press, Indi Hodgson-Johnston and Andrew J. Constable 3 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR): implementation of conservation of Southern Ocean marine living resources 30 Keith Reid 4 Geopolitical complexity at the bottom of the world: CCAMLR’s ongoing challenge of adopting marine protected areas 43 Cassandra M. Brooks 5 Inclusive and evidence-based decision-making in CCAMLR: a basis for ensuring compliance? 66 Nils Vanstappen PART II ARCTIC 6 Governance of fisheries in the Central Arctic Ocean: cooperative currents, foggy future 92 David L. VanderZwaag 7 Russia and Arctic fisheries 109 Alexander Sergunin 8 Governing access rights to harvesting marine living resources: the case of the Svalbard Archipelago 138 Sandra Cassotta and Rachel Tiller PART III FUTURE CHALLENGES AND PROSPECTS 9 Frozen robots: autonomous underwater vehicles and unmanned aerial vehicles in the Antarctic: a new tool or a new challenge for sustainable ocean governance? 158 David Leary 10 Bioprospecting in Antarctica: obligations and challenges 177 Ana Fl.via Barros-Platiau, Carina Costa de Oliveira, Gabriela G.B. Lima Moraes and Pierre Mazzega 11 The settlement of disputes concerning conservation of fish stocks in the Arctic and Antarctic high seas: towards comprehensive compulsory jurisdiction? 196 Valentin J. Schatz 12 The future of governing marine living resources in the Polar Regions 222 Nengye Liu and Cassandra M. Brooks Index 229

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Book SynopsisProviding in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs).Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.Trade Review'This Commentary brings together 22 eminent climate, energy and environmental law scholars to provide a much-needed, comprehensive analysis of the ground-breaking Paris Agreement. This will be a valuable go-to resource for policy makers, scholars and students alike.' -- Jolene Lin, National University of Singapore'For anyone wanting to understand the intricacies of the all-important Paris Climate Agreement, this book will be indispensable. For each of the Agreement's 29 articles it provides a clear explanation of the origins, meaning and related authorities, with ample references. I wish I had it the last time I was puzzling through a section. The editors and chapter authors, all of them real experts, have provided a major service to everyone involved with or studying global climate governance.' -- Michael B. Gerrard, Columbia Law School, US'This Commentary is an essential reading for all who want to understand the ''what, why and how'' of the Paris Agreement's rules and architecture. It offers history, interpretation and implementation guidance in a comprehensive manner. Geert Van Calster and Leonie Reins did an excellent job in making the complexity of the Agreement accessible to a larger audience.' -- Professor Christina Voigt, University of Oslo, NorwayTable of ContentsContents: Table of cases xxi Table of legislation Introduction –The Paris Agreement on Climate Change 1 Leonie Reins and Geert Van Calster The Preamble 5 Ben Boer Article 1 Scope of obligations: terms and definitions 33 Rowena Cantley-Smith Article 2 Aims, objectives and principles 73 Navraj Singh Ghaleigh Article 3 Aims, objectives and principles 94 Navraj Singh Ghaleigh and Cleo Verkuijl Article 4 Mitigation 109 Benoît Mayer Article 5 Sinks, reservoirs of GHGs and forests 133 Annalisa Savaresi and Lucia Perugini Article 6 Voluntary cooperation/NDCs 148 Matthieu Wemaëre Article 7 Adaptation 172 Cathrine Ramstad Wenger Article 8 Loss and damage 200 Elisa Calliari, Lisa Vanhala, Linnéa Nordlander, Daniel Puig, Fatemeh Bakhtiari, Md Fahad Hossain, Saleemul Huq, and M. Feisal Rahman Article 9 Finance 218 Michael Mehling Article 10 Technology development and transfer 237 Matthew Rimmer Article 11 Capacity-building 260 Gokce Mete Article 12 Education and training 284 Jelena Bäumler and Thomas Schomerus Article 13 Enhanced transparency framework for action and support 302 Harro van Asselt and Kati Kulovesi Article 14 The global stocktake 326 Marjan Peeters Article 15 Compliance mechanism 347 Lisa Benjamin, Rueanna Haynes and Bryce Rudyk Article 16 Institutional provisions 364 Jed Odermatt Article 17 Institutional provisions 369 Jed Odermatt Article 18 Institutional provisions 371 Jed Odermatt Article 19 Institutional provisions 373 Jed Odermatt Article 20 Concluding the Paris Agreement: signature and consent to be bound 375 Rowena Cantley-Smith Article 21 Entry into force and ratification 386 Rowena Cantley-Smith Article 22 Amending the Paris Agreement 390 Rowena Cantley-Smith Article 23 Annexes to the Paris Agreement 395 Rowena Cantley-Smith Article 24 Settlement of disputes under the Paris Agreement 400 Rowena Cantley-Smith Article 25 Voting rights 411 Rowena Cantley-Smith Article 26 Depositary of the Paris Agreement 414 Rowena Cantley-Smith Article 27 Reservations to the Paris Agreement 416 Rowena Cantley-Smith Article 28 Withdrawal from the Paris Agreement 422 Rowena Cantley-Smith Article 29 Authentication and adoption of the Paris Agreement’s text 428 Rowena Cantley-Smith Index 435

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