Environmental law Books, bestsellers and new releases

Book SynopsisThis book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship.Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth's relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that the law' only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisatTrade Review"The unprecedented challenges we are facing in the Anthropocene require radically new governance approaches that recognize the entanglement between human activities and Earth system processes. This volume provides a cutting-edge contribution to the emerging field of Earth system law by exploring and proposing novel legal developments for governing planetary transformations created by humans."Agni Kalfagianni, Co-chair of the Earth System Governance Project"Earth System Law: Standing on the Precipice of the Anthropocene is a ground-breaking work in the climate governance literature. The book reassesses the status quo for legal process. To do so, it uses years of expert insight into how to meet the challenges environmental change presents to governance as its measure of assessment. Its conclusion is that the status quo for legal process has become dangerously antiquated at this critical moment in Earth’s history. Much of the book explores what types of legal reform are needed from various disciplinary positions. The result is an outline of a new theory of law, which draws its direction from pragmatic solutions to the governance problems created by climate change.Undoubtably, this theory will appear strange and unfamiliar to many, straining their legal imagination. But this strain is a testament to the book’s importance. Many of us cling — with good reason — to our confidence in how society ought to be ordered. Our legal status quo, which supports the modern order, was hard-won in the trenches of Verdun and on the beaches of Normandy. Since then, it has served as the midwife for the birth of the modern nation-state, establishing a common ground for the negotiation of conflict in multiple contexts. Undermining this status quo may invite many risks to social stability. On the other hand, law inevitably must adapt to change and, as this book suggests, pragmatism must trump convention at this time when we stand on the precipice of environmental catastrophe.For these reasons, Earth System Law: Standing on the Precipice of the Anthropocene is a provocative book, which ought to be read widely."Fenner Stewart, Associate Professor of Law at the University of Calgary, Canada; Dentons Canada LLP Research Fellow in Energy Law & Policy; Research Fellow in Energy and Environment at The School of Public Policy; Climate Governance Expert at the Canada Climate Law InitiativeTable of ContentsForeword Preface 1. Introduction: Origins and Evolution of Earth System Law PART I: Mapping the Contours of Earth System Law 2. Dimensions and Definitions, Signposts and Silos in Earth System Law PART II: The Analytical Dimensions of Earth System Law 3. Earth System Law in the Age of Humanity 4. International Relations and the Analytical Foundations of Earth System Law 5. An Earth System Science-based Perspective: A Foundational Feature of Earth System Law 6. The ESL Framework: Re-visioning in the Age of Transformation and the Anthropocene PART III: The Normative Dimensions of Earth System 7. Rights of Nature as an Expression of Earth System Law 8. The Ethical Place of the Non-human World in Earth System Law: Pathways of Transformation 9. Legitimacy and the Role of Law for Social and Ecological Resilience 10. Climate (Im)mobilities in Migration Governance and Law: Integrating an Earth Systems Perspective PART IV: The Transformative Dimensions of Earth System Law 11. The Earth System, the Orbit, and International Law: The Cosmolegal Proposal 12. Integrating the Mexican Water Law into the Earth System Law Perspective 13. A Framework of Earth System Justice in the Earth System’s Legal Context 14. Common Interest, Concern or Heritage? The Commons as a Structural Support for an Earth System Law PART V: Plotting the Course of Earth System Law 15. Conclusion: Plotting the Course of Earth System Law on the Precipice of the Anthropocene

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15 in stock

£39.99

Taylor & Francis Ltd Offshore Floating Production

Book SynopsisThis is the first book to focus on the law and practice relating to offshore oil and gas floating production. It deals with all legal and commercial risk management issues from initial concept through design, construction, modification, installation, acceptance, production and offloading, including ancillary legal topics; JV/consortiums, financing, insurance, decommissioning and intellectual property. Floating production projects are a popular method of achieving offshore oil and gas production, utilising vessels sitting over the offshore reservoir, receiving well fluids which are then processed, stored and offloaded to tankers. They operate in deep water, harsh conditions and marginal fields, and may be redeployed once the reservoir is depleted. There are numerous legal issues which arise in the context of floating production due to its specific characteristics, presenting a unique combination of challenges with the attendant risks and potential liabilities. This book analysTable of ContentsTABLE OF CASES, TABLE OF LEGISLATION, ABOUT THE AUTHORS, LIST OF CONTRIBUTORS, ACKNOWLEDGMENTS, LIST OF ACRONYMS AND ABBREVIATIONS, CHAPTER 1 INTRODUCTION TO FLOATING PRODUCTION, CHAPTER 2 FPSO DESIGN, CHAPTER 3 CONSTRUCTION CONTRACTS, CHAPTER 4 CONVERSIONS, REFURBISHMENT AND MODIFICATION, CHAPTER 5 THE CHARTER PERIOD, CHAPTER 6 CONTRACTOR REMUNERATION, CHAPTER 7 FPSO OFFLOADING, CHAPTER 8 INDEMNITY AND LIMITATION OF LIABILITY CLAUSES, CHAPTER 9 INSURANCE, CHAPTER 10 INTELLECTUAL PROPERTY RIGHTS, CHAPTER 11 TERMINATION, CHAPTER 12 DECOMMISSIONING, CHAPTER 13 DISPUTE RESOLUTION, APPENDIX A - FLOATING PRODUCTION UNITS – HISTORY, DESIGN, INSTALLATION AND OPERATION, APPENDIX B – FPSO case study, APPENDIX C – Legal glossary

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£356.25

Taylor & Francis Global Governance and the International Law of the Sea

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This book conducts an examination of the international legal regime of the continental shelf through the lens of international relations (IR), with a primary focus on global governance theory.Presenting a new perspective within the field of IR and international law, the book offers new insights into the rules, principles, practices, and actors that establish and govern social interactions and the management of common affairs at the transnational level. The governance framework within the continental shelf can encompass a wider scope than legal laws alone, incorporating informal rules or potentially disregarding formal âœblack letterâ rules that may not be effectively applied in practice. To exemplify how governance theory and other IR theories contribute to the analysis of the legal regime concerning the continental shelf, the book conducts an in-depth examination of three significant issues: (i) the demarcation and delimitation of the continental shelf, (ii) the rights and o

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£130.00

Taylor & Francis EU Environmental Governance

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£137.75

Taylor & Francis Ltd Environmental Policy in the EU

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Book SynopsisThe European Union (EU) has a hugely important effect on the way in which environmental policies are framed, designed and implemented in many parts of the world, but especially Europe. The new edition of this leading textbook provides a state-of-the-art analysis of the EU's environmental policies.Comprising five parts, Environmental Policy in the EU covers the rapidly changing context in which EU environmental policies are made, the key actors who interact to co-produce them and the most salient dynamics of policy making, ranging from agenda setting and decision making, through to implementation and evaluation. Written by leading international experts, individual chapters examine how the EU is responding to a multitude of different challenges, including biodiversity loss, climate change, energy insecurity, and water and air pollution. They tease out the different ways in which the EU's policies on these topics co-evolve with national and international environmental polTrade Review"This book is so valuable. The next generation of politicians, business leaders and environmentalists need to understand the role of environmental policy, how it is made, and why it is so important for the future of humanity." -- Virginijus Sinkevičius, European Commissioner for Environment, Oceans and Fisheries"This volume… is a true classic and one of the few ‘go to’ references on EU environmental policy. The editors mix perspectives in such way that the historical trajectory of EU policy making is connected to new challenges. This is a book that should be on everybody’s desk who has an interest in the topic." -- Hans Bruyninckx, Executive Director, European Environment Agency"This rich and insightful volume should be considered essential reading by lawyers and political scientists alike. With contributions by leading experts… it provides a one-stop-shop for exploring the complex and evolving dynamics of EU environmental policy. Highly recommended!" -- Joanne Scott, Professor of European Law, European University Institute "An indispensable resource to anyone interested in understanding how environmental policy in Europe is now being made and implemented." -- David Vogel, University of California"This new edition … is a must read for students of EU environmental policy. It contains a wealth of new material as well as concrete illustrations of some of Europe’s flagship policy initiatives." -- Céline Charveriat, Executive Director, Institute for European Environmental Policy"If the students of today have read Jordan and Gravey’s latest Environmental Policy in the EU: Actors, Institutions and Processes, they will be thoroughly well prepared to become the policy-makers and policy-shapers of tomorrow." Paul Tobin, The University of Manchester, UK in Regulation and Governance (2022)Table of Contents1. EU Environmental Policy: Contexts, Actors and Policy Dynamics PART 1: Contexts 2. The establishment of EU environmental policy 3. External EU environmental policy 4. Studying EU environmental policy PART 2: Actors 5. The Council, European Council and Member States 6. The European Commission 7. The Court of Justice of the European Union 8. The European Parliament 9. Interest Groups PART 3: Policy dynamics 10. Agenda setting 11. Policy making 12. Policy integration 13. Policy implementation 14. Policy evaluation 15. The EU in international environmental negotiations PART 4: New challenges 16. Is the EU still committed to developing more sustainably? 17. Governing with multiple policy instruments? 18. Making EU environmental policy more legitimate? 19. New policy dynamics in more uncertain times? PART 5: Conclusion 20. EU environmental policy at 50: retrospect and prospect

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£43.69

Taylor & Francis Ltd Climate Change Finance and International Law

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Book SynopsisSince 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential constitutes a poorly understood topic. Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states' climate finance obligations to date.TTable of ContentsIntroduction Climate finance: Concepts and institutions Climate finance in legal scholarship Legal obligations of states relating to climate finance State performance of obligations on climate finance The philosophy of the control of nature

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£43.99

Taylor & Francis Ltd Routledge Handbook of Biodiversity and the Law

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Book SynopsisThis volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part Trade Review"The Handbook of Biodiversity and the Law, edited by Charles R. McManis and Burton Ong, is required reading for lawyers, scholars and policymakers for the most recent comprehensive scholarship on a broad spectrum of issues relating to biodiversity. In one single volume world renowned environmental law scholars examine cutting edge issues ranging from genetic resources, biosecurity, access and benefit sharing, synthetic biology, intellectual property, cultural heritage, conservation and sustainable use of marine biodiversity, indigenous peoples human rights and more. This will clearly become a 'must have' reference book." - Dr. Nilufer Oral, Law Faculty, Istanbul Bilgi University, Turkey"This book illuminates the complex set of legal issues surrounding biodiversity by examining them from a wide range of different perspectives. The editors are to be commended for the incredibly rich, varied, and informative scholarship that they have brought together in one volume." - Prof. Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsPart I: Introduction 1. Biodiversity and the Law: Mapping the International Legal Terrain 2. Biodiversity and the Law in Brief Part II: Conservation and Sustainable Use of Genetic Resources 3. Biodiversity in International Environmental Law Through the UN Sustainable Development Goals 4. Biodiversity, Protected Areas and the Law 5. The International Legal Framework for the Protection of and Sustainable Use of Marine Biological Diversity 6. Biosecurity, Invasive Species and the Law 7. Biotechnology, Biodiversity and the Environment 8. Legal Responses in the United States to Biodiversity Loss and Climate Change 9. China’s Biodiversity Law 10. The International Treaty on Plant Genetic Resources for Food and Agriculture: Toward the Realization of Farmers’ Rights as a Means of Protecting and Enhancing Crop Genetic Diversity Part III: Access and Benefit-Sharing 11. Access to and Benefit-Sharing of Marine Genetic Resources Beyond National Jurisdiction: Developing a New Legally Binding Instrument 12. The Impact of Natural Products Discovery Programs on our Knowledge of the Flora of Madagascar 13. Regulatory Measures on Access and Benefit-Sharing for Biological and Genetic Resources: National and Regional Perspectives from the Philippines, Singapore and ASEAN 14. One Step Forward, Two Steps Back? Implementing Access and Benefit-Sharing Legislation in South Africa 15. De-Materialising Genetic Resources: Synthetic Biology, Intellectual Property and the ABS Bypass Part IV: Traditional Knowledge Protection 16. Traditional Knowledge: Lessons from the Past, Lessons for the Future 17. Bioprospecting and Traditional Knowledge in Australia 18. If we have never been Modern, they have never been Traditional: ‘Traditional Knowledge’, Biodiversity, and the Flawed ABS Paradigm 19. Where Custom is the Law: State and User Obligations to 'Take into Consideration' Customary Law Governing Traditional Knowledge and Genetic Resources Part V: Biodiversity and Intellectual Property Protection 20. Biodiversity, Intangible Cultural Heritage and Intellectual Property 21. Intellectual Property, Biodiversity and Food Security 22. Sisyphus Redivivus? The Work of WIPO on Genetic Resources and Traditional Knowledge 23. Is the Whole Greater than the Sum of its Parts? A Critical Reflection on the WIPO IGC Part VI: The Ethics, Economics and Science-Policy Interface of Biodiversity Protection 24. Naturalizing Morality 25. Making Legal Use of the Valuation of Nature 26. Bounded Openness as the Modality for the Global Multilateral Benefit-Sharing Mechanism of the Nagoya Protocol 27. The IPBES, Biodiversity and the Law: Design, Functioning and Perspectives of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services

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15 in stock

£204.25

Taylor & Francis Ltd Environmental Liability and the Interplay between

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Book SynopsisThe role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level.Given the book's focus and the transnational legal dimension of the issues covered, this volume will be of greaTable of ContentsPreface Acknowledgements Abbreviations Introduction—relevance of the topic and scope of the analysis 1. Background: the problem 2. The concept, role and function of liability in the environmental context 3. Environmental liability and access to justice 3.1. Access to justice in environmental matters 3.2. Access to justice and environmental liability 4. From theory to practice: current developments in environmental liability 4.1. The global picture 4.2. The elusive response of international law 5. Scope and aims of this book 5.1. Theoretical background 5.2. Focus, methodological approach and structure of the book PART 1Environmental liability in international law 1 The law of State responsibility and its application to environmental damage 1. Introduction 2. The responsibility of States for wrongful acts: general principles 3. Transboundary harm prevention and State responsibility 3.1. Early developments and evolution of the primary rules 3.2. From no-harm to prevention 3.3. Due diligence and environmental liability 3.4. The ‘significant harm’ threshold 3.5. The link of causality 4. From transboundary harm prevention and responsibility to States’ environmental liability 4.1. The concept of environmental damage 4.2. Reparation under the law of State responsibility 4.3. Valuation and assessment of environmental damage 5. Current challenges of the law of State responsibility in the environmental context 5.1. Non-state actors and State responsibility 5.2. The erga omnes character of environmental harms 6. State responsibility for environmental harm in the international States practice 7. Concluding remarks and assessment 2 The quest towards an international law framework of states’ environmental liability in the work of the ILC 1. State liability as a primary rule of international law 2. Environmental liability in the work of the ILC: from international liability to allocation of losses 3. Response measures and ex post prevention in the environmental field: between primary and secondary rules? 4. Conclusions 3 Civil liability for environmental damage in international treaties 1. Introductory remarks 2. The international liability framework for nuclear damage 2.1. The 1960 Paris and 1963 Vienna Conventions 2.2. The role of the state in the nuclear liability regime 2.2.1. State liability under the 1963 Vienna and 1960 Paris Conventions 2.3. Revising and enhancing the international nuclear liability regime 2.3.1. The 1988 linking protocol 2.3.2. The 1997 Vienna amending protocol2.3.3. The 1997 Convention on Supplementary Compensation (CSC) 2.3.4. The 2004 protocols amending the Paris and Brussels Conventions 2.4. The international nuclear liability framework: an assessment 3. International civil liability regimes for sea pollution damage 3.1. The 1969 civil liability convention and the 1971 fund convention 3.2. The 1992 revision protocols of the oil pollution liability framework 3.3. The definition of oil pollution damage 3.4. Revising the amount of compensation 3.5. The International Oil Pollution Compensation (IOPC) Fund 3.6. The 2003 Supplementary Fund 3.7. Oil pollution liability treaties in a multilevel context 4. Complementing the oil pollution regime: the HNS and Bunker oil liability conventions 5. The international liability framework and the protection of the marine environment 6. ‘Second generation’ environmental liability agreements 6.1. The 1993 Council of Europe’s Lugano Convention 6.2. The Nagoya-Kuala Lumpur supplementary protocol on liability for biodiversity damage 6.2.1. Liability and redress in the framework of the Biodiversity Convention 6.2.2. Liability for damage caused by LMOs 6.3. The liability annex to the Madrid Protocol on Environmental Protection 7. Conventional systems of international liability: a layered framework 8. Soft law developments in the field of environmental liability 9. Concluding remarks PART 2Harmonising environmental liability in the EU: Substantive and procedural legal aspects 4 The EU approach to environmental liability: The 2004/35 environmental liability directive 1. Introduction 2. Historical background 3. The underling regulatory and policy rationales 4. The Directive’s main elements and scope of application 4.1 Definition of ‘environmental damage’ 4.2. The natural resources covered 4.2.1. Damage to ‘biodiversity’ 4.2.2. Damage to water 4.2.3. Damage to land 4.3. A limited approach to environmental damage? 4.4. The notion of operator and the activities covered 4.5. The Directive’s temporal scope of application 4.6. Exceptions and defences under the Directive 4.7. Questions of causation and plurality of responsible parties 5. Enforcing environmental liability 5.1. Combining prevention and reparation for environmental harm 5.2. The competent authorities and the enforcement of the ELD’s liability regime 6. Remedies 7. Issues of access to justice under the ELD 8. Harmonising environmental liability in the EU: assessing the ELD and its potential added value 9. Concluding remarks 5 Transnational harm in Europe and the potential for a harmonised legal framework 1. Introduction 2. The harmonisation of conflict of law in Europe 3. The Brussels I Regulation and its application to transboundary environmental damage 4. Rome II regulation and the determination of applicable law 5. Transnational corporate litigation before domestic courts in Europe 6. Jurisdictional aspects, corporate liability and duty of care 7. The harmonisation of EU private international law rules: an assessment 8. Transboundary environmental liability litigation in Europe: perspectives after the ELD 9. The new proposal for a directive on corporate sustainability due diligence PART 3Exploring the interactions between EU law and international law 6 The EU’s contribution to international law-making in the field of environmental liability 1. Introduction 2. The EU’s participation in international agreements: general remarks 3. The principle of conferral and EU’s external competence 3.1. Express external competences 3.2. The doctrine of implied external powers 3.3. Choosing the appropriate legal basis 4. The practice of EU external relations 4.1. Mixed agreements 4.2. Member States acting as ‘trustees’ of the EU 5. The duty of cooperation and its impact on Member States’ external action 6. Reflections on the relationship between the EU legal order and international law 7. The participation of the EU in international environmental liability agreements 7.1. Liability agreements with an environmental dimension: the Nagoya-Kuala Lumpur Supplementary Protocol 7.2. Disrupting interaction? 7.3. The EU’s involvement in international civil liability treaties on marine pollution and nuclear damage 7.3.1. The external relations implications of Brussels I Regulation 7.3.2. The impact of the ELD on the EU’s participation in the marine pollution civil liability regime 7.4. EU’s and Member States’ ratification of international liability conventions 8. Interaction and coordination between liability regimes in a multilevel context 8.1. The practice of disconnection and non-affect clauses 8.2. Coordinating the ELD and the liability conventions on marine pollution and nuclear damage 8.3. Article 4 of the ELD 9. Environmental policy and governance perspectives on the interaction between the ELD and international law 10. Concluding remarks 7 Substantive aspects of the interplay between EU law and international environmental agreements 1. Introduction 2. The legal status and impact of international treaties to which the EU is a party in the EU legal order 2.1. The binding character of EU international agreements and the CJEU’s jurisdiction over them 2.2. Primacy of EU international agreements 3. The CJEU’s case-law and its approach to direct effect of international norms 4. Consistent interpretation 5. Towards a harmonious approach to the relationship between EU and international law 6. Consistent interpretation and the mutual supportiveness of EU law and international law in the field of environment 7. Interim findings 8. Between mutual supportiveness and complementarity in the CJEU’s case-law on environmental liability 9. Interactions and potential synergies between liability regimes in a multilevel context Conclusions 1. An evolving scenario 2. General trends and emerging principles 3. Environmental harms and the relationship between EU and international law: towards mutual supportiveness? 4. Closing remarks Bibliography Index

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£87.39