Public international law: environment Books
Edward Elgar Publishing Ltd Encyclopedia of Global Environmental Governance
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
£236.00
Edward Elgar Publishing Ltd Biodiversity and Climate Change: Linkages at
Book SynopsisThis insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.Trade Review'Environmental lawyers, particularly those who practice internationally will appreciate the diverse insights into biodiversity and climate change contained in this book. . . this book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. . . Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.' -- Carbon and Climate Law Review'The diverse contributors to this substantial volume vividly illuminate the complex relationships between biodiversity and climate change, and explore potential solutions through environmental law in local, national and transnational settings. This book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation, and it should appeal especially to scholars concerned about these issues in developing countries.' -- Benjamin J. Richardson, University of British Columbia, Canada'Today, climate change is already highly impacting on biodiversity. This adds to existing stress on biodiversity. Current extinction rates are unprecedented in history. This book addresses the many legal issues involved from a variety of perspectives by a range of esteemed authors from around the world. It does so in a positive way; aimed at finding solutions. This book greatly contributes to really addressing biodiversity loss by proposing new and innovative approaches.' -- Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: Introduction PART I: NATIONAL AND LOCAL EXPERIENCES 1. Bureaucratic Rhetoric of Climate Change in Nigeria: International Aspiration versus Local Realities Rhuks Ako and Olubayo Oluduro 2. Combating Climate Change and Biodiversity Loss in a ‘Hot Spot’ Mega-diversity Country Gloria Estenzo Ramos 3. Does the Concept of Ecosystem Services Promote Synergies between European Strategies for Climate Change and Biodiversity? Nathalie Hervé-Fournereau and Alexandra Langlais 4. Impacts of Climate Change, Biodiversity Loss and Population on Sustainable Development in Ethiopia Mekete Bekele Tekle 5. Climate Change, Human Rights and the Darfur Crisis Linda Mbone Ndongo and Frank Maes PART II: INTERNATIONAL AND TRANSBOUNDARY APPROACHES 6. The Clustering of Multilateral Environmental Agreements: Can the Clustering of the Chemicals-related Conventions be Applied to the Biodiversity and Climate Change Conventions? Nils Goeteyn and Frank Maes 7. Retreading Negotiations on Equity in Environmental Governance: Case Studies Contrasting the Evolution of ABS and REDD+ Claudia Ituarte-Lima and Suneetha M. Subramanian 8. Climate Change, Biodiversity and Human Rights: Can Synergy Help? Svitlana Kravchenko 9. Reducing Emissions in the Forest Sector under the United Nations Framework Convention on Climate Change: A New Opportunity for Biodiversity Conservation? Annalisa Savaresi 10. Transboundary Conservation of Mountain Biodiversity in a Climate Change Impacted World: Governance Perspectives from Central Asia and the Island of Borneo Michelle Lim PART III: LAND USE AND AGRICULTURE 11. Climate Change, the EU Floods Directive and Biodiversity Protection: Lessons from the Scheldt on Land Use Planning as an Adaptive Measure Katrien Debeuckelaere and Gretta Goldenman 12. Climate Change and Biodiversity: The Vulnerability of the Amazon Rainforest in the Face of Increasing Ethanol Demand Heline Sivini Ferreira, Maria Leonor Paes Cavalcanti Ferreira and Patryck de Araújo Ayala 13. The Contribution of the EU Common Agricultural Policy to Protecting Biodiversity and Global Climate in Europe Eckard Rehbinder PART IV: SOLUTIONS FROM SCIENCE AND TECHNOLOGY 14. Creating Marine Protected Area Networks in Pacific North America for Biodiversity Conservation: Linking Ecology to Legislation Vernon G. Thomas 15. Preventing and Mitigating the Impacts of Climate Change and Biodiversity Loss through Biosecurity Opi Outhwaite Index
£147.00
Edward Elgar Publishing Ltd Biodiversity and Climate Change: Linkages at
Book SynopsisThis insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.Trade Review'Environmental lawyers, particularly those who practice internationally will appreciate the diverse insights into biodiversity and climate change contained in this book. . . this book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. . . Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.' -- Carbon and Climate Law Review'The diverse contributors to this substantial volume vividly illuminate the complex relationships between biodiversity and climate change, and explore potential solutions through environmental law in local, national and transnational settings. This book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation, and it should appeal especially to scholars concerned about these issues in developing countries.' -- Benjamin J. Richardson, University of British Columbia, Canada'Today, climate change is already highly impacting on biodiversity. This adds to existing stress on biodiversity. Current extinction rates are unprecedented in history. This book addresses the many legal issues involved from a variety of perspectives by a range of esteemed authors from around the world. It does so in a positive way; aimed at finding solutions. This book greatly contributes to really addressing biodiversity loss by proposing new and innovative approaches.' -- Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: Introduction PART I: NATIONAL AND LOCAL EXPERIENCES 1. Bureaucratic Rhetoric of Climate Change in Nigeria: International Aspiration versus Local Realities Rhuks Ako and Olubayo Oluduro 2. Combating Climate Change and Biodiversity Loss in a ‘Hot Spot’ Mega-diversity Country Gloria Estenzo Ramos 3. Does the Concept of Ecosystem Services Promote Synergies between European Strategies for Climate Change and Biodiversity? Nathalie Hervé-Fournereau and Alexandra Langlais 4. Impacts of Climate Change, Biodiversity Loss and Population on Sustainable Development in Ethiopia Mekete Bekele Tekle 5. Climate Change, Human Rights and the Darfur Crisis Linda Mbone Ndongo and Frank Maes PART II: INTERNATIONAL AND TRANSBOUNDARY APPROACHES 6. The Clustering of Multilateral Environmental Agreements: Can the Clustering of the Chemicals-related Conventions be Applied to the Biodiversity and Climate Change Conventions? Nils Goeteyn and Frank Maes 7. Retreading Negotiations on Equity in Environmental Governance: Case Studies Contrasting the Evolution of ABS and REDD+ Claudia Ituarte-Lima and Suneetha M. Subramanian 8. Climate Change, Biodiversity and Human Rights: Can Synergy Help? Svitlana Kravchenko 9. Reducing Emissions in the Forest Sector under the United Nations Framework Convention on Climate Change: A New Opportunity for Biodiversity Conservation? Annalisa Savaresi 10. Transboundary Conservation of Mountain Biodiversity in a Climate Change Impacted World: Governance Perspectives from Central Asia and the Island of Borneo Michelle Lim PART III: LAND USE AND AGRICULTURE 11. Climate Change, the EU Floods Directive and Biodiversity Protection: Lessons from the Scheldt on Land Use Planning as an Adaptive Measure Katrien Debeuckelaere and Gretta Goldenman 12. Climate Change and Biodiversity: The Vulnerability of the Amazon Rainforest in the Face of Increasing Ethanol Demand Heline Sivini Ferreira, Maria Leonor Paes Cavalcanti Ferreira and Patryck de Araújo Ayala 13. The Contribution of the EU Common Agricultural Policy to Protecting Biodiversity and Global Climate in Europe Eckard Rehbinder PART IV: SOLUTIONS FROM SCIENCE AND TECHNOLOGY 14. Creating Marine Protected Area Networks in Pacific North America for Biodiversity Conservation: Linking Ecology to Legislation Vernon G. Thomas 15. Preventing and Mitigating the Impacts of Climate Change and Biodiversity Loss through Biosecurity Opi Outhwaite Index
£46.95
Edward Elgar Publishing Ltd Transboundary Environmental Governance in Asia:
Book SynopsisWith an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention - the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy.'- Jolene Lin, The University of Hong Kong, HKSARProviding a strong comparative analysis of United Nations Economic Commission for Europe (UNECE) treaties and protocols in an Asian context, this important book is specifically concerned with treaty implementation and compliance. Until recently, the primary application of UNECE treaties has been in Europe; however UNECE membership by Asian states in the Caucasus and Central Asia, and the ability of UN states in general to accede to many of them, means that Asia is now very relevant in this context.Including a case study on Central Asia, the core focus of the book is on the five UNECE treaties: public participation, water and air pollution, environmental impact assessment and industrial accidents. Twelve related protocols are also dealt with, including: pollutant release and transfer registers, strategic environmental assessment, civil liability, water and health, and air pollutants. For these, prospects for the future, as well as current practice, are assessed.Environmental scholars and consultants, international environmental lawyers, practitioners and policymakers in institutions such as treaty regime secretariats, national ministries and international financial institutions, will find this book to be of particular interest and value.Trade Review‘With an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention – the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy’ -- Jolene Lin, The University of Hong Kong, HKSARTable of ContentsContents: PART I TRANSBOUNDARY ENVIRONMENTAL GOVERNANCE 1. Introduction 2. Institutions and Regimes PART II TREATIES AND PROTOCOLS 3. The Public Participation Convention and Pollutant Release and Transfer Registers Protocol 4. the Environmental Impact Assessment Convention and Strategic Environmental Assessment Protocol 5. The Industrial Accidents Convention and Civil Liability Protocol 6. The Water Convention and Water and Health Protocol 7. The Air Pollution Convention and Associated Protocols PART III COMBINED EFFECT AND OUTLOOK 8. Practice and Capacity Building in Central Asia 9. Conclusions Index
£116.00
Edward Elgar Publishing Ltd Global Environmental Law at a Crossroads
Book SynopsisThe normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.'- Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.'- Malgosia Fitzmaurice, Queen Mary University of LondonGlobal Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. ZhaoTrade Review‘Global Environmental Law at a Crossroads is well worth a read - it paints a thoughtful, multi-faceted picture of the current tides of environmental law in the various levels of it.’ -- Tiina Paloniitty, IUCN Academy of Environmental Law‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’ -- Donald K. Anton, The Australian National University College of Law‘This is a remarkable publication wherein some of the world’s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.’ -- Malgosia Fitzmaurice, Queen Mary University of LondonTable of ContentsPART I: ENVIRONMENTAL GOVERNANCE FRAMEWORKS Introduction 1. Strengthening National Environmental Governance to Promote Sustainable Development. Scott Fulton and Steve Wolfson 2. The Future We Want and Constitutionally Enshrined Procedural Rights in Environmental Matters. James R. May and Erin Daly 3. The Rights of Nature in Ecuador: An Opportunity to Reflect on Society, Law and Environment. Jordi Jaria i Manzano 4. Environmental NGOs and Sustainable Development in China. Yuhong Zhao PART II: ENVIRONMENTAL CHALLENGES – A WORLD TOUR 5. The Middle East: Climate Change, Water Insecurity and Hydro-diplomacy. Itzchak Kornfeld 6. Land Grabbing and Food Security in Ethiopia: The Dilemmas of Sustainable Development. Mekete Bekele Tekle 7. Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20. Anastasia Telesetsky 8. Lost in Translation: Threatened Species Law in Australia. Jacqueline Williams, Amanda Kennedy, and Donna Craig 9. Environmental Justice in Nigeria’s Oil Industry: Recognizing and Embracing Contemporary Legal Developments. Rhuks Ako 10. The Clean Development Mechanism and its Sustainable Development Premise: the Inadequacy of the Kyoto Protocol to Guarantee Climate Justice. Camille Parrod PART III: GOVERNANCE MODELS – LOOKING TO THE FUTURE 11. The Unbearable Tiredness of Sustainable Development (At Different Levels, Lately). Nicola Lugaresi 12. Cap and Trade versus Carbon Tax to Mitigate Climate Change: One-Size-Fits-All Solution in China? Ping Chen and Frank Maes 13. Environmental Law, Policy, and Governance: Environmental Management Systems for Cities. Lye Lin-Heng 14. Sustainable Management, a Sustainable Ethic? Trevor Daya-Winterbottom 15. Payment of Ecosystem Services in Brazil: Between Efficiency and Equity. Ana Maria de Oliveira Nusdeo and Ana Luiza Garcia Campos 16. European Union Climate Law & Practice at the End of the Kyoto Era: Unilateralism, Extraterritoriality and the Future of Global Climate Change Governance. Lorenzo Schiano di Pepe 17. Legal Challenges in the Creation of a World Environmental Organisation Nils Goeteyn Index
£116.00
Edward Elgar Publishing Ltd Global Environmental Law at a Crossroads
Book SynopsisThe normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.'- Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.'- Malgosia Fitzmaurice, Queen Mary University of LondonGlobal Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. ZhaoTrade Review‘Global Environmental Law at a Crossroads is well worth a read - it paints a thoughtful, multi-faceted picture of the current tides of environmental law in the various levels of it.’ -- Tiina Paloniitty, IUCN Academy of Environmental Law‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’ -- Donald K. Anton, The Australian National University College of Law‘This is a remarkable publication wherein some of the world’s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.’ -- Malgosia Fitzmaurice, Queen Mary University of LondonTable of ContentsPART I: ENVIRONMENTAL GOVERNANCE FRAMEWORKS Introduction 1. Strengthening National Environmental Governance to Promote Sustainable Development. Scott Fulton and Steve Wolfson 2. The Future We Want and Constitutionally Enshrined Procedural Rights in Environmental Matters. James R. May and Erin Daly 3. The Rights of Nature in Ecuador: An Opportunity to Reflect on Society, Law and Environment. Jordi Jaria i Manzano 4. Environmental NGOs and Sustainable Development in China. Yuhong Zhao PART II: ENVIRONMENTAL CHALLENGES – A WORLD TOUR 5. The Middle East: Climate Change, Water Insecurity and Hydro-diplomacy. Itzchak Kornfeld 6. Land Grabbing and Food Security in Ethiopia: The Dilemmas of Sustainable Development. Mekete Bekele Tekle 7. Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20. Anastasia Telesetsky 8. Lost in Translation: Threatened Species Law in Australia. Jacqueline Williams, Amanda Kennedy, and Donna Craig 9. Environmental Justice in Nigeria’s Oil Industry: Recognizing and Embracing Contemporary Legal Developments. Rhuks Ako 10. The Clean Development Mechanism and its Sustainable Development Premise: the Inadequacy of the Kyoto Protocol to Guarantee Climate Justice. Camille Parrod PART III: GOVERNANCE MODELS – LOOKING TO THE FUTURE 11. The Unbearable Tiredness of Sustainable Development (At Different Levels, Lately). Nicola Lugaresi 12. Cap and Trade versus Carbon Tax to Mitigate Climate Change: One-Size-Fits-All Solution in China? Ping Chen and Frank Maes 13. Environmental Law, Policy, and Governance: Environmental Management Systems for Cities. Lye Lin-Heng 14. Sustainable Management, a Sustainable Ethic? Trevor Daya-Winterbottom 15. Payment of Ecosystem Services in Brazil: Between Efficiency and Equity. Ana Maria de Oliveira Nusdeo and Ana Luiza Garcia Campos 16. European Union Climate Law & Practice at the End of the Kyoto Era: Unilateralism, Extraterritoriality and the Future of Global Climate Change Governance. Lorenzo Schiano di Pepe 17. Legal Challenges in the Creation of a World Environmental Organisation Nils Goeteyn Index
£40.95
Edward Elgar Publishing Ltd Emissions Trading and WTO Law: A Global Analysis
Book SynopsisThe legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skillfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.'- Douglas Fisher, Queensland University of Technology, AustraliaEmissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO.Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks.Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.Trade Review‘The legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skilfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.’ -- Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: 1. Introduction 2. Contextual Elements of Emissions Trading 3. The Law of the WTO and Emissions Trading 4. The Classification of GHG Tradeable Instruments as Goods 5. Emissions Trading and the General Agreement on Trade in Services 6. The Subsidies of Emissions Trading Schemes 7. The Border Adjustments of Emissions Trading Schemes 8. Conclusion Index
£93.00
Edward Elgar Publishing Ltd The History and Origin of International
Book SynopsisThe first in an exciting new series on international environmental law, this incisive collection of 18 seminal essays traces the evolution of the subject from its early beginnings, through the formative years of the Stockholm and Rio de Janeiro UN Conferences to the contemporary 'post-modern' era. The articles selected provide an overview of the legal discourse that shaped the emergence of this discipline. They also illustrate how international environmental law - in a multitude of treaties, jurisprudence of courts and tribunals, and a growing body of recognized customary principles - has not only come to govern the management of our planet's common natural resources, but has had a profound impact on the general theory and practice of international law.The History and Origin of International Environmental Law will be of lasting interest to scholars and students in the history of international relations and political science, and offers valuable lessons for future governance of the global environment.18 articles, dating from 1915 to 2011Contributors include: P.W. Birnie, S. McCaffrey, M.J. Glennon , R.L. Meyer, K. Raustiala, J.L. Sax, L.B. Sohn, C.D. Stone, J.B. WienerTrade Review'This superb collection conveniently brings together some of the leading pieces that help explain and contextualise the development of International Environmental Law. Few in the world as well-placed as Peter Sand to edit such a volume. He is, himself, one of the pioneers of the contemporary field and has been at the coalface since the beginning.' --Donald K. Anton, The Australian National University College of LawTable of ContentsContents: Introduction Peter H. Sand PART I THE TRADITIONAL ERA 1. Karl Neumeyer (1915), ‘A Contribution to International Water Law’ [‘Ein Beitrag zum Internationalen Wasserrecht’], in Festschrift für Georg Cohn, Zürich, Switzerland: Orell Füssli, 143–66, translated from the German by Peter H. Sand, 2014 2. Stephen C. McCaffrey (1993), ‘The Evolution of the Law of International Watercourses’, Austrian Journal of Public and International Law, 45, 87–111 3. Alfred P. Rubin (1971), ‘Pollution by Analogy: The Trail Smelter Arbitration’, Oregon Law Review, 50 (3), Spring, 259–98 4. Patricia W. Birnie (1990), ‘International Legal Issues in the Management and Protection of the Whale: A Review of Four Decades of Experience’, Natural Resources Journal, 29 (4), Fall, 903–34 5. Robert L. Meyer (1976), ‘Travaux Préparatoires for the UNESCO World Heritage Convention’, Earth Law Journal, 2 (1), February, 45–81 6. Peter H. Sand (2001), ‘A Century of Green Lessons: The Contribution of Nature Conservation Regimes to Global Governance’, International Environmental Agreements: Politics, Law and Economics, 1 (1), January, 33–72 PART II THE MODERN ERA 7. Joseph L. Sax (1970), ‘The Public Trust Doctrine in Natural Resources Law: Effective Judicial Intervention’, Michigan Law Review, 68, January, 471–566 8. Christopher D. Stone (1972), ‘Should Trees Have Standing?– Toward Legal Rights for Natural Objects’, Southern California Law Review, 45, 450–501 9. Louis B. Sohn (1973), ‘The Stockholm Declaration on the Human Environment’, Harvard International Law Journal, 14, Summer, 423–515 10. Cyril de Klemm (1982), ‘Conservation of Species: The Need for a New Approach’, Environmental Policy and Law, 9 (4), December, 117–28 11. Michael J. Glennon (1990), ‘Has International Law Failed the Elephant?’, American Journal of International Law, 84 (1), January, 1–43 12. Peter H. Sand (1991), ‘Lessons Learned in Global Environmental Governance’, Boston College Environmental Affairs Law Review, 18 (2), 213–77 PART III THE POST-MODERN ERA 13. Edith Brown Weiss (1984), ‘The Planetary Trust: Conservation and Intergenerational Equity’, Ecology Law Quarterly, 11 (4), 495–581 14. Daniel Bodansky (1993), ‘The United Nations Framework Convention on Climate Change: A Commentary’, Yale Journal of International Law, 18, 451–558 15. Zygmunt J.B. Plater (1994), ‘From the Beginning, a Fundamental Shift of Paradigms: A Theory and Short History of Environmental Law’, Loyola of Los Angeles Law Review, 27, April, 981–1008 16. Kal Raustiala (1997), ‘The “Participatory Revolution” in International Environmental Law’, Harvard Environmental Law Review, 21, 537–86 17. Jonathan B. Wiener (2001), ‘Something Borrowed for Something Blue: Legal Transplants and the Evolution of Global Environmental Law’, Ecology Law Quarterly, 27 (4), 1295–371 18. Peter H. Sand (2011), ‘The Right to Know: Freedom of Environmental Information in Comparative and International Law’, Tulane Journal of International and Comparative Law, 20 (1), 203–32 Index
£404.00
Edward Elgar Publishing Ltd International Environmental Law
Book SynopsisThis two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL.Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.Table of ContentsContents: Introduction Donald K. Anton PART I AN OVERVIEW OF THE CHALLENGE AND EMERGENCE OF INTERNATIONAL LEGAL RESPONSES 1. Manfred Lachs (1990), ‘The Challenge of the Environment’, International and Comparative Law Quarterly, 39, 663–69 2. Oscar Schachter (1991), ‘The Emergence of International Environmental Law’, Journal of International Affairs, 44, 457–93 3. Edith Brown Weiss (1993), ‘International Environmental Law: Contemporary Issues and the Emergence of a New World Order’, Georgetown Law Journal, 81, 675–710 4. Timo Koivurova (2014), ‘Basic Issues in International Environmental Law’, in Introduction to International Environmental Law, Chapter 1, 8–26 (do not include pictures or text boxes) PART II UNDERLYING PRINCIPLES AND CONCEPTS 5. Rüdiger Wolfrum (1990), ‘Purposes and Principles of International Environmental Law’, 33, 308–30 6. Philippe Sands & Jacqueline Peel (with Adriana Fabra & Ruth MacKenzie) (2012), ‘General Principles and Rules’, in Principles of International Environmental Law, 3rd ed, Chapter 6, 187–237 PART III NORMATIVITY 7. Malgosia A. Fitzmaurice (2001), ‘International Environmental Law: Sources, Formation and Kinds of Legal Rules’, in International Protection of the Environment, Chapter II, 96–149 8. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles’, in The Oxford Handbook of International Environmental Law, Chapter 19, 449–65 (do not include recommended reading) 9. Jutta Brunnée (2002), ‘Coping with Consent: Law-Making under Multilateral Environmental Agreements’, Leiden Journal of International Law, 15, 1–52 10. 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), 623–59 11. Naomi Roht-Arriaza (1995), ‘Shifting the Point of Regulation: The International Organization for Standardization and Global Lawmaking on Trade and the Environment’, Ecology Law Quarterly, 22, 479–539 PART IV ACTORS, INSTITUTIONS AND GOVERNANCE 12. Kal Raustiala, (1997) ‘States, NGOs, and International Institutions’ International Studies Quarterly, 41, 719–40 13. Gerhard Loibl (2001), ‘The Role of International Organisations in International Law-Making International Environmental Negotiations - An Empirical Study’ Non-State Actors and International Law 1, 41–66 14. Steven R. Ratner (2001), ‘Corporations and Human Rights: A Theory of Legal Responsibility’, Yale Law Journal 111, 443–545 15. Daniel C. Esty and Maria H. Ivanova, (2002) ‘Revitalizing Global Environmental Governance: A Function-Driven Approach, in Global Environmental Governance: Options and Opportunities (Daniel C. Esty & Maria H. Ivanova, eds.) chap 10, 181–203 16. Nathalie Bernasconi-Osterwalder and David Hunter (2002), ‘Democratizing Multilateral Development Banks’ in The New “Public”: The Globalization of Public Participation, 151–64 17. Ellen Hey (2003), ‘Sustainable Development, Normative Development and the Legitimacy of Decision Making’ Netherlands Yearbook of International Law 24, 3–53 PART V ISSUE AREAS AND SUBSTANTIVE LAW 18. Martti Koskenniemi (1992), ‘Breach of Treaty or Non-Compliance? Reflections on the Enforcement of the Montreal Protocol’, Yearbook of International Environmental Law, 3, 123¬–62 19. Peter H. Sand (1996), ‘Institution-Building to Assist Compliance with International Environmental Law: Perspectives’ Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 56, 774–95 20. Alexander Gillespie (2003), ‘Implementation and Compliance Concerns in International Environmental Law: The State of the Art Within Three International Regimes’ New Zealand Journal of Environmental Law 7, 53–84 21. Carsten Helm & Detlef Sprinz, (2000) ‘Measuring the Effectiveness of International Environmental Regimes’ Journal of Conflict Resolution 44, 630–52 22. Ronald B. Mitchell, (2002) ‘A Quantitative Approach to Evaluating International Environmental Regimes’ Global Environmental Politics 2, 58–83 Volume II Contents: Introduction An introduction by the editors appears in Volume I PART I ISSUE AREAS AND SUBSTANTIVE LAW A Atmosphere 1. Phoebe Okowa (2006), ‘The Legacy of Trail Smelter in the Field of Transboundary Air Pollution’, in Rebecca M. Bratspies and Russell A. Miller (eds), Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration, Chapter 16, 195–208 2. David D. Caron (1991), ‘Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Lawmaking’, Hastings International and Comparative Law Review, 14, 755–80 3. Daniel Bodansky (2011), ‘A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime’, Arizona State Law Journal, 43, 697–712 B The Oceans 4. Moira L. McConnell and Edgar Gold ( ), ‘The Modern Law of the Sea: Framework for Protection and Preservation of the Marine Environment’, Case Western Reserve Journal of International Law, 23, 83–105 5. Jonathan I. Charney (1994), ‘The Marine Environment and the 1982 United Nations Convention on the Law of the Sea’, International Lawyer, 28, 879–902 6. Lee Kimball (2003), ‘International Ocean Governance’, 7–84 7. David Freestone, (2012) ‘International Governance, Responsibility and Management of Areas beyond National Jurisdiction’ International Journal of Marine and Coastal Law 27, 191–204 C Biodiversity 8. Michael J. Glennon, (1990) ‘Has International Law Failed the Elephant’ (1990) American Journal of International Law 84, 1–43 9. Catherine Tinker (1995), ‘A “New Breed” of Treaty: The United Nations Convention on Biological Diversity’, Pace Environmental Law Review, 12, 191–218 10. David R. Downes (1993), ‘New Diplomacy for the Biodiversity Trade: Biodiversity, Biotechnology, and Intellectual Property in the Convention on Biological Diversity’, Touro Journal of Transnational Law, 4, 1–46 11. Erik J. Molenaar, (2007) ‘Managing Biodiversity Beyond National Jurisdiction’ International Journal of Marine and Coastal Law 22, 89–124 12. Evanson Chege Kamau, Bevis Fedder and Gerd Winter (2010), ‘Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is New and What are the Implications for Provider and User Countries and the Scientific Community’, Law, Environment and Development Journal, 6, 246–62 D Hazardous Substances and Technologies 13. Katharina Kummer, (1992) ‘The International Regulation of Transboundary Traffic in Hazardous Wastes: The 1989 Basel Convention’, International and Comparative Law Quarterly 41, 530–62 14. Richard W. Emory, Jr., (2001) ‘Probing the Protections of the Rotterdam Convention on Prior Informed Consent’, Colorado Journal of International Environmental Law and Policy 12, 47–70 15. Joel Mintz, (2001) ‘Two Cheers for Global POPs: A Summary and Assessment of the Stockholm Convention on Persistent Organic Pollutants’, Georgetown International Environmental Law Review, 14 16. Henrik Selin, (2014) ‘Global Environmental Law and Treaty-Making on Hazardous Substances: The Minamata Convention and Mercury Abatement’ Global Environmental Politics 14, 1–19 E Fresh Water 17. Stephen McCaffrey, (1994) ‘The Law of International Watercourses: Present Problems, Future Trends’ in A Law for the Environment, Essays in Honour of Wolfgang E. Burhenne, 113–35 18. John Scanlon & Alejandro Iza, (2003) ‘International Legal Foundations for Environmental Flows’ Yearbook of International Environmental Law, 14, 81–100 19. Patricia Wouters, Sergei Vinogradov & Bjørn-Oliver Magsig, (2008) ‘Water Security, Hydrosolidarity, and International Law: A River Runs Through It …’ Yearbook of International Enviornmental Law 19, 97–134 F The Polar Regions 20. Donald R. Rothwell, (2000) ‘Polar Environmental Protection and International Law: The 1991 Antarctic Protocol’ European Journal of International Law 11, 591–614 21. Kees Bastmeijer and Steven Hendel (2009), ‘The Role of the Protected Area Concept in Protecting the World' Largest Natural Reserve: Antarctica, Utrecht Law Review 5, 61–79 22. Timo Koivurova, (2003) ‘The Importance of International Environmental Law in the Arctic’ Finnish Yearbook of International Law 14, 341–54 23. Olav Schram Stokke, (2009) ‘Protecting the Arctic Environment: The Interplay of Global and Regional Regimes’ Yearbook of Polar Law 1, 349–70 PART II REGIME INTERACTION A Trade, Investment and the Environment 24. Thomas J. Schoenbaum, (1997) ‘International Trade and Protection of the Environment: The Continuing Search for Reconciliation’ American Journal of International Law 91, 268–313 25. Konrad von Moltke, (2002) ‘International Investment and Sustainability: Options for Regime Formation’ in The Earthscan Reader on International Trade and Sustainable Development (Kevin Gallagher & Jacob Werksman, eds.) chap 15, 345–69 B Human Rights and the Environment 26. Dinah Shelton, (2001) ‘Environmental Rights’ in Peoples’ Rights (Philip Alston, ed.) chap 6, 189–258 27. John H. Knox, (2009) ‘Climate Change and Human Rights Law’ Virginia Journal of International Law, 50, 163–218 C Use of Force and the Environment 28. Richard Falk, (1992) ‘The Environmental Law of War: An Introduction’ in Environmental Protection and the Law of War: A ‘Fifth Geneva’ Convention on the Protection of the Environment in Time of Armed Conflict chap 5, 78–95 29. Christopher D. Stone, (2000) ‘The Environment in Wartime: An Overview’ in The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives (Jay E. Austin & Carl E. Bruch, eds.) chap 2, 16–38 Index
£552.00
Edward Elgar Publishing Ltd Water Law
Book SynopsisThis volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources.Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues.This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.Trade Review‘This encyclopedia is a landmark reference work that systematically and comprehensively discusses complex topics in the dynamic field of water law.’ -- Germarié Viljoen, South African Law Journal'This is a ''must have'' resource for anyone interested in water law, whether domestic, transnational, or international. Impressive in its scope, this volume covers everything from doctrinal nuance to the broad relationships between water law and global security, human rights, disaster response, and sustainability. The book both challenges and inspires the reader, and offers clear-eyed recommendations to empower water law to play a key role in institutionalizing cooperation and pre-empting conflict among nations of the earth.' -- Christine A. Klein, University of Florida Levin College of Law, US'This book, edited by two well-known experts in the field, is a very welcome addition to the Elgar Encyclopedia of Environmental Law series. It has lucidly written chapters on the relevant general international law as well as detailed chapters on regional and national water law regimes. It should be in the library of all who follow international water and environmental law.' -- Robbie Sabel, Hebrew University of Jerusalem, IsraelTable of ContentsContents: Foreword to the Encyclopedia xiv Jamie Benidickson and Yves Le Bouthillier Foreword to Volume X xv Michael Faure Introduction to Volume X 1 Joseph W Dellapenna and Joyeeta Gupta PART 1 PERVASIVE ISSUES X.1 The expanding boundaries of water law 9 Joyeeta Gupta and Joseph W Dellapenna X.2 A note on law in general and international law in particular 20 Joseph W Dellapenna X.3 Water governance and politics 33 Erick Velázquez Hernández, Dave Huitema and Jampel Dell’Angelo X.4 Water and security 44 Rhett B Larson X.5 The UN contribution to water law, environment, climate disruption, and the Sustainable Development Goals 55 Joyeeta Gupta and Hilmer J Bosch X.6 The water-energy nexus 72 Lee Godden X.7 Fundamental concepts of property in water and the role of markets in water governance 86 Joseph W Dellapenna X.8 Aquatic boundaries 104 Joseph W Dellapenna PART 2 INTERNATIONAL WATER LAW X.9 The continuing evolution of international water law 123 Owen McIntyre X.10 Groundwater in international law 142 Kirstin Conti and Joyeeta Gupta X.11 International litigation and arbitration over water disputes 156 Farnaz Shirani Bidabadi X.12 The human rights to water and sanitation 166 Daphina Misiedjan and Pedi Obani X.13 River basin organizations 177 David J Devlaeminck X.14 How international water law connects to environmental law and human rights 190 Ellen Hey and Alberto Quintavalla X.15 Advancing water law through rights of nature 203 Julia Talbot-Jones X.16 Sustainability and international water law 214 Otto Spijkers X.17 Providing for future generations 225 Lydia Slobodian PART 3 REGIONAL WATER LAW X.18 Europe 239 Marleen van Rijswick X.19 The Mekong River Basin 255 Susanne Schmeier X.20 Southern Africa 270 Michael Kidd X.21 Central Asia 283 Barbara Janusz-Pawletta PART 4 NATIONAL WATER LAW X.22 Water jurisdiction: on federalism, river basins, metropolises, and communities 301 Francine van den Brandeler and Filippo Maria Lancieri X.23 Changing ‘ownership’ in water law: comparative experiences in the developing world 315 Joyeeta Gupta and Hilmer J Bosch X.24 Groundwater law at the domestic level 329 Gabriela Cuadrado-Quesada and Joyeeta Gupta X.25 The Arab countries of the Middle East 341 Léna Salamé and Raya Marina Stephan X.26 Reforming legal frameworks for water management in Central Asia 354 Jenniver Sehring, Aminjon Abdulloev, Nataliya Chemayeva, Botir Ismailov, Nargiza Osmonova and Botagoz Sharipova X.27 China: water law in transition 367 Libin Zhang X.28 Brazil: evolution of water and sanitation law and challenges for inclusive services 377 Raquel dos Santos and Klaas Schwartz PART 5 WATER LAW AND BROADER ISSUES X.29 Water law and development 391 Philippe Cullet X.30 Legal frameworks and water services 402 Klaas Schwartz and Mireia Tutusaus X.31 Indigenous rights to water 413 Barbara Cosens X.32 Large-scale water infrastructure, territorial transformation and water rights dispossession 425 Rutgerd Boelens X.33 Water law and disaster: floods and droughts 438 Margot A Hurlbert X.34 Water and mining 451 Mirja Schoderer, Jampel Dell’Angelo and Dave Huitema X.35 Coastal zones 466 Ryan B Stoa PART 6 CONCLUSIONS X.36 Water law: its role, shortcomings, and potential 485 Joseph W Dellapenna and Joyeeta Gupta Index 499
£225.00
Edward Elgar Publishing Ltd Multilateral Environmental Treaties
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research.Contributors include: R. Bates, L. Chiussi, C. Contartese, M.E. Desmond, A. Dizdarevic, G.M. Farnelli, E. Fasoli, M. Fitzmaurice, S. Goldberg, E.J. Goodwin, S. Gruber, C. Ibe, F.R. Jacur, K. Kakkaiyadi, E.A. Kirk, J.V. Kohler, I. Krasnova, V. Lanovoy, M. Lewis, P. Merkouris, G.A. Oanta, A. Papantoniou, N. Popattanachai, A. Powers, T.H. Reis, F. Seatzu, F. Sindico, K. Steenmans, A. Tanzi, A. Trouwborst, M.S. Wong, M. Yzquierdo, F. ZahariaTrade Review'The contributing authors to this volume include several established leading academics in the field of environmental law alongside early career researchers. Given the diversity of authorship the research quality is consistently of high quality, which is a credit to the editors. The volume will be a useful first stop text for students, academics as well as practicing lawyers and others involved in environmental governance.'--Law Environment and Development JournalTable of ContentsContents: Foreword to the Encyclopedia by Jamie Benidickson and Yves Le Bouthillier Foreword to Volume by Michael Faure Introduction by Malgosia Fitzmaurice, Attila Tanzi and Angeliki Papantoniou PART 1 BIODIVERSITY Section A: Global Agreements 1. Convention On Biological Diversity 1992 Marine Yzquierdo 2. Bonn Convention On The Conservation Of Migratory Species Of Wild Animals 1979 (CMS) Melissa Lewis and Arie Trouwborst 3. Agreement on the Conservation of Small Cetaceans in the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS), the Agreement on the Conservation of Gorillas and their Habitats (Gorilla Agreement), and the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) Melissa Lewis and Arie Trouwborst 4. In UN Convention To Combat Desertification 1994 Katrien Steenmans i) Global Conventions, which are Relevant to the Protection of the Environment 5. Convention For The Protection Of The World Cultural And Natural Heritage 1972 Stefan Gruber 6. Convention On International Trade In Endangered Species Of Wild Fauna And Flora 1973 Azra Dizdarevic Section B: Regional Agreements 7. Central American Convention for the Protection of the Environment Francesco Seatzu Section C: Agreements Regulating the Protection of Particular Species or Habitats 8. International Convention For The Regulation Of Whaling 1946 Katrien Steenmans 9.Convention On Wetlands Of International Importance, Especially As Waterfowl Habitat) 1971 (Ramsar) Edward J. Goodwin Section D: Fisheries 10. Convention Concerning Fishing in the Black Sea 1959 Gabriela A. Oanta Section E: Protocols to Regional Agreements of Marine Environmental Protection 11. The Black Sea Biodiversity and Landscape Conservation Protocol to The Convention on The Protection Of The Black Sea Against Pollution 2002 Gabriela A. Oanta 12. Protocol Concerning Specially Protected Areas and Wildlife Protocol (SPAW) of Duplthe Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers PART 2 MARINE ENVIRONMENTAL PROTECTION Section A: Global Agreements 13. United Nations Convention On The Law Of The Sea 1982 Meagan S. Wong 14. International Convention For The Prevention Of Pollution From Ships MARPOL 2012 (and Annexes I, II,III,IV,V,VI) Gian Maria Farnelli 15. Convention On The Prevention Of Marine Pollution By Dumping Of Wastes And Other Matter 1972 And 1996 Protocol Gian Maria Farnelli and Attila Massimiliano Tanzi Section B: Regional Agreements B.1. Europe/Asia 16. OSPAR Convention 1992- Convention For The Protection Of The Marine Environment Of The North-East Atlantic (and Annexes I, II,III, IV) Meagan S. Wong 17. Convention For The Protection Of The Marine Environment Of The Baltic Sea 1992 (Helsinki) Gian Maria Farnelli 18. Convention For The Protection Of The Mediterranean Sea Against Pollution 1976 (Revised In Barcelona, Spain, On 10 June 1995 As The Convention For The Protection Of The Marine Environment And The Coastal Region Of The Mediterranean) Vladislav Lanovoy 19. Convention on the Protection of the Black Sea Against Pollution 1992 Elizabeth A. Kirk, Naporn Popattanachai and Chioma Ibe B.2. Caribbean Regions 20. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers 21. Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region Mary E. Desmond and Ann Powers 22. Protocol Concerning Pollution from Land-Based Sources and Activities (LBS Protocol) Mary E. Desmond and Ann Powers PART 3 SHARED FRESH WATER RESOURCES Section A: Global Agreements 23. Convention on the Law of the Non-navigational Uses of International Watercourses 1997 Ludovica Chiussi 24. Convention On The Protection And Use Of Transboundary Watercourses And International Lakes 1992 (The UNECE Helsinki Convention) Cristina Contartese Section B: Regional Agreements B.1 Europe 25. Agreements On The Protection Of The Rivers Meuse Scheldt 1994 Cristina Contartese 26. Convention On Cooperation For The Protection And Sustainable Use Of The Danube River (Danube River Protection Convention) 1994 Ludovica Chiussi and Felix Zaharia 27. Rotterdam Convention On The Protection Of The Rhine 1998 Cristina Contartese 28. Finnish-Russian agreement concerning frontier watercourses Irina Krasnova Section C: Groundwater 29. The Guarani Aquifer Agreement 2010 Francesco Sindico PART 4 ATMOSPHERE Section A: Global Agreements 30. Convention For The Protection Of The Ozone Layer 1985 (Vienna Convention for the Protection of the Ozone Layer) Francesca Romanin Jacur PART 5 HAZARDOUS WASTE Section A: Global Agreements 31. The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal 1989 Juliette Voinov Kohler 32. Rotterdam Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade 1998 Tarcísio Hardman Reis 33. Stockholm Convention On Persistent Organic Pollutants 2001 (UNECE) (POPs) Tarcísio Hardman Reis Section B: Regional Agreements 34. Bamako Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa (1994) Juliette Voinov Kohler PART 6 CLIMATE CHANGE 35. United Nations Framework Convention On Climate Change 1992 Panos Merkouris PART 7 PROCEDURAL OBLIGATIONS AND PROCEDURAL HUMAN RIGHTS 36. Espoo Convention On Environmental Impact Assessment In A Transboundary Context 1991 Angeliki Papantoniou 37. Aarhus Convention On Access To Information, Public Participation And Access To Justice In Environmental Matters 1998 Elena Fasoli PART 8 NATURAL RESOURCES Section A: Global Agreements 38. Energy Charter Treaty 1994 Silke Goldberg and Krishna Kakkaiyadi PART 9 ANTARCTIC/ARCTIC REGIONS Section A: Antarctic 39. The Antarctic Treaty 1959: Protocol on Environmental Protection to the Antarctic Treaty (1991) Rebecca Bates Index
£207.00
Edward Elgar Publishing Ltd Compliance and Enforcement of Environmental Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners.Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. StaffordTrade Review'Effective environmental governance requires behaviour in compliance with environmental laws and policies. This book offers an important analysis of both incentivising and deterring compliance and enforcement tools. As such, it provides scholars, practitioners and policy-makers alike with a state-of-the-art toolbox to improve and strengthen environmental governance.' --Christina Voigt, University of Oslo, Norway'This compelling collection of essays provides a succinct yet comprehensive framework for the discussion of compliance and enforcement in environmental law. It serves in equal measure those looking for a general overview and those in need of a deeper dive.' --Durwood Zaelke, Institute for Governance & Sustainable Development and International Network for Environmental Compliance and Enforcement, USTable of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IV Michael Faure Introduction to Volume IV LeRoy C. Paddock, David L. Markell, and Robert L. Glicksman PART I Non-regulatory approaches to compliance 1. Voluntary self-policing and the US Audit Policy Sarah L. Stafford 2. Using management systems in public environmental supervision Martin de Bree and Han de Haas 3. The role of Environmental Management Systems Rachel E. Deming PART II Civil enforcement 4. Compliance, deterrence and beyond Neil Gunningham 5. Liability law and nuisance in the civil law tradition Marie-Eve Arbour 6. Common law tools to protect the environment Lynda Collins and Heather McLeod-Kilmurray 7. Enforcement strategies: inspection, targeting and escalation Cameron Holley and Darren Sinclair 8. Enforceable regulations Michelle T. Sanders and Pieter Asbeek-Brusse 9. Effective environmental monitoring and reporting Jon Silberman and David Hindin 10. Environmental civil penalties—an Australian perspective Brendan Grigg 11. Settlement of environmental enforcement disputes Joel A. Mintz 12. Procedures and standards for review of enforcement actions Robin L. Juni 13. Enforcement by local governments Helen H. Kang PART III Criminal Enforcement 14. Mental state Susan F. Mandiberg 15. Organizational liability for environmental crimes Jeffrey G. Miller 16. Towards intelligence-led environmental enforcement Heather McCready and Karina Barker PART IV Special Issues in Compliance and Enforcement 17. Quantitatively measuring deterrence: empirical tools for assessing the impact of environmental monitoring and enforcement actions Jay P. Shimshack 18. Environmental compliance and enforcement measurement: why, what, and how? Shelley H. Metzenbaum Index
£156.00
Edward Elgar Publishing Ltd Earth Governance: Trusteeship of the Global
Book SynopsisWritten by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.'- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.'- David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal 'owners' of our planet's common natural resources, but mere 'trustees' on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.'- Peter H. Sand, University of Munich, GermanyThe predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance.Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons.This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.Trade Review‘Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann’s latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth’s ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.’ -- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment‘Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.’ -- David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group‘This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal “owners” of our planet’s common natural resources, but mere “trustees” on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann’s work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.’ -- Peter H. Sand, University of Munich, GermanyTable of ContentsContents: 1. World at a Tipping Point 2. Framing Earth Governance 3. Commons 4. The Global Commons 5. Trusteeship 6. State as Environmental Trustee 7. Trusteeship and the United Nations 8. Institutionalizing Trusteeship for the Global Commons Conclusion: There is Another Way Bibliography Index
£109.00
Edward Elgar Publishing Ltd Research Handbook on REDD+ and International Law
Book SynopsisREDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so.This handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analyzing how and to what extent it is embedded in the international legal framework.Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN climate regime, as well as linkages between REDD+ and other international agreements. The book also considers global governance for REDD+, its financial dimensions including markets and investment and future developments and legal challenges. Detailed analysis from a range of angles illustrates the interplay of international norms and institutions and maps out a legal research agenda for identifying best practice solutions.Shedding light on one of the most vibrant and fast-moving fields in international law, this comprehensive Handbook is essential reading for scholars of international law and international relations, policy makers in the area of climate change, REDD+ and land sector experts and NGOs.Contributors: R.R. Barrer, M.-C. Cordonier Segger, J. Costenbader, A. de Leon, F. Ferreira, M. Gehring, K. Gover, J. Gupta, K. Hite, P. Horne, S. Jodoin, P. Keenlyside, A.G.M. La Viña, A. Long, C.L. McDermott, E. Roessing Neto, C. Parker, A. Savaresi, M. Schwedeler, C. Streck, H. van Asselt, C. Voigt, A. Wardell, M.A. Young, O.R. YoungTrade ReviewThe climate crisis cannot be addressed unless deforestation, especially in tropical countries, is rapidly brought under control. REDD+ is emerging as the mechanism of choice to achieve this goal yet it remains a work in progress and is subject to a range of questions as to how it aligns with other elements that make up the complex international climate regime. This impressive collection, authored by leading scholars, practitioners and government advisors provides a rich and timely account of REDD+ and the challenges yet to be overcome. It is indispensable reading for all those interested in global forest governance. --Tim Stephens, University of Sydney, AustraliaReducing greenhouse gas emissions from deforestation and forest degradation (REDD) is vitally important to global climate change policy, but even many veteran negotiators shy away from the topic because of its perceived complexity. Christina Voigt has brought together a distinguished group of contributors to produce this Research Handbook on the legal issues relating to REDD. Providing an authoritative overview of the subject, it will be the ''go to'' work for practitioners and the public alike. --Daniel Bodansky, Arizona State UniversityThe Research Handbook on REDD+ and International Law is to be commended for its broad-ranging analytical approach in identifying and addressing a multiplicity of questions arising across different areas of international law. This approach is as much needed for the further development and operationalization of climate law, as it is for the understanding of the evolution of international law in general. --Elisa Morgera, Edinburgh University School of Law and University of Eastern FinlandTable of ContentsContents: Introduction: The Kaleidoscopic World of REDD+ Christina Voigt PART I REDD+ IN THE UN CLIMATE REGIME: HISTORY, DESIGN, GOVERNANCE AND INSTITUTIONAL ARCHITECTURE 1. History and Future of REDD+ in the UNFCCC: Issues and Challenges Antonio G. M. La Viña, Alaya De Leon and Reginald Rex Barrer 2. The Warsaw Framework for REDD+: Implications for National Implementation and Results-Based Finance Christina Voigt and Felipe Ferreira PART II REDD+ LINKAGES TO OTHER INTERNATIONAL AGREEMENTS 3. The Institutional Complex for REDD+: A ‘Benevolent Jigsaw’? Harro Van Asselt and Constance L. Mcdermott 4. REDD+ and Interacting Legal Regimes Margaret A. Young 5. The Legal Status and Role of Safeguards Annalisa Savaresi 6. The Human Rights of Indigenous Peoples and Forest-Dependent Communities in the Complex Legal Framework for REDD+ Sébastien Jodoin 7. The Convention on Biological Diversity and REDD+ Andrew Long PART III GLOBAL GOVERNANCE FOR REDD+ 8. Addressing Drivers of Deforestation and Forest Degradation Through International Law Charlotte Streck and Michaela Schwedeler 9. REDD+, Tenure and Indigenous Property: The Promise and Peril of a ‘Human Rights-Based Approach’ Kirsty Gover 10. REDD+ and Multilevel Governance Beyond the Climate Negotiations Ernesto Roessing Neto and Joyeeta Gupta 11. Seeing the Forest for the Trees: Getting Post-Earth Summit Forest Protection Back on Track Peter Horne PART IV REDD+ FINANCE, MARKETS AND INVESTMENT 12. Managing Fiduciary Risk in REDD+ Paul Keenlyside, John Costenbader and Charlie Parker 13. REDD+ Instruments, International Investment Rules and Sustainable Landscapes Marie-Claire Cordonier Segger, Markus Gehring and Andrew Wardell PART V FUTURE DEVELOPMENTS AND LEGAL CHALLENGES 14. Rediscovering Ambition, Implementation and Operationalization Patricia Elias 15. Adjudicating Disputes Across Scales: Global Administrative Law Considerations for REDD+ Kristen Hite Index
£187.00
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisThe Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development.The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included.While the handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic, and human rights law.Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. VinualesTrade Review'This volume presents an excellent and long overdue assessment of international law as related to the use of natural resources. Its analytical focus on the triad of international human rights, environmental and economic law provides deep insights into the often disjointed nature of this body of law. The research agenda set out in the concluding chapter highlights that there is analytical work to be done. A must read for anyone interested the topic!' --Ellen Hey, Erasmus University Rotterdam, the Netherlands'A distinguished mix of authors coming from a variety of backgrounds, all of whom are experts in a field of crucial importance for present and future generations. The book covers different strands of international and domestic law as well as the numerous governance and dispute settlement loci that are relevant. It highlights the need for more integrated approaches and sets an agenda for the years ahead. In sum, this is required reading for all lawyers involved in one or more of the areas touched upon by the book.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'This is a valuable and illuminating collection of essays on international law relating to natural resources, both terrestrial and marine, written by a team of distinguished international experts. Commendably, the book takes a holistic approach to its subject, examining a variety of areas of international law applicable to the exploitation of natural resources, including international environmental, human rights, investment and trade law. The book is an important and welcome contribution to the literature.' --Robin Churchill, University of Dundee, UKTable of ContentsContents: Introduction PART I KEY CONCEPTS 1. National Sovereignty Over National Resources: Environmental Challenges and Sustainable Development Virginie Barral 2. Foreign Direct Investment: International Investment Law and Natural Resource Governance Jorge E. Viñuales 3. International Trade: Natural Resources and the World Trade Organization Kati Kulovesi 4. Natural Resources and Human Rights Francesco Francioni 5. Corruption and Conflict Emanuela Orlando 6. Corporate Accountability Elisa Morgera PART II RESOURCES UNDER NATIONAL JURISDICTION Section A: Biological Resources 7. Land: Lorenzo Cotula 8. Forests: Learning Lessons from our Interventions Feja Lesniewska 9. Fisheries Alexander Proelss 10. Wildlife and Landscapes Arie Trouwborst 11. Genetic Resources Claudio Chiarolla Section B: Energy 12. Oil and Gas: International Petroleum Regulation Kim Talus 13. Renewable Energy Rafael Leal-Arcas and Stephen Minas 14. Biofuels Max Jansson and Seita Romppanen Section C: Other Resources 15. Water Owen Mcintyre 16. Minerals Michael Kidd 17. Arctic Resources: Exploitation of Natural Resources in the Arctic from the Perspective of International Law Timo Koivurova PART III RESOURCES BEYOND NATIONAL JURISDICTION 18. High Seas Fisheries Richard Barnes and Carmino Massarella 19. Resources of the International Seabed Area James Harrison 20. Marine Genetic of Resources in Areas Beyond National Jurisdiction: Soul Searching and the Art of Balance Charlotte Salpin 21. Antarctica Resources: Economic Activities in Antarctica: Resources and Legal Regimes Julia Jabour PART IV ACTORS AND INSTITUTIONS 22. International Law-Making Ben Boer 23. Global Governance: Problem Shifting in the Anthropocene and the Limits of International Law Rakhyun E. Kim and Harro Van Asselt 24. International Dispute Settlement: The Settlement of Investment Disputes Concerning Natural Resources - Applicable Law and Standards of Review Federico Ortino and Nima Mersadi Tabari Conclusions: A Research Agenda on International Law and Natural Resources Elisa Morgera and Kati Kulovesi Index
£237.00
Edward Elgar Publishing Ltd Decision Making in Environmental Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals. This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.Contributors include: W.L. Andreen, J. Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S. Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H. Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L. Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S. Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker, B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C. Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick, M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. ZellmerTrade Review'The topic of ''Decision Making in Environmental Law'' encompasses a vast and complex milieu of regulation, legal principles, administrative procedures and discretion. The subject matter plays out in multiple legal dimensions, including legislation and common law, private and public law, and international, federal and domestic law. Paddock, Glicksman and Bryner have brought together a veritable ''Who's Who'' of leading environmental scholars to produce an excellent collection of chapters that bring order to, and provide incisive analysis of, the multi-dimensional legal landscape of modern environmental decision-making. This volume should be the first point of reference for scholars, students, members of the judiciary and regulators with an interest in the topic.' --David Grinlinton, The University of Auckland, New Zealand and Western University, CanadaTable of ContentsContents: Series Foreword by Jamie Benidickson and Yves Le Bouthillier, Introduction by Robert L. Glicksman and LeRoy C. Paddock 1. Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies Erin Daly and James R. May 2. International Law and Processes Carl Bruch and John Broderick 3. The Courts, Nuisance and Environmental Pollution—A matter of will? Karen Morrow 4. Federal Preemption and Displacement of Environmental Statutes and Common Law Claims Sandra Zellmer 5. The Intersection Between Environmental Law and Tort Law Maria Lee 6. The Public Trust Doctrine in Environmental Decision Making Mary Christina Wood and Gordon Levitt 7. Environmental Federalism: A View from the United States Kirsten H. Engel 8. Allocation of environmental lawmaking powers in Brazil Guilherme J. S. Leal 9. Environmental Decision Making of Local Governments Sean F. Nolon 10. Participation in environmental decision making in European Law Jessica Makowiak 11. Access to Information: International Perspective Eric A. DeGroff 12. Goal Setting in Environmental Decision Making John C. Dernbach 13. Regulatory Strategy Diversity in United States Environmental Law William W. Buzbee 14. Market-Based Control Strategies Victor B. Flatt 15. Decisions About Emissions Trading Design David M. Driesen 16. Information Mandates as Environmental Regulation Bradley C. Karkkainen 17. The Law of Environmental Planning Dave Owen 18. Motivating without Mandates? The Role of Voluntary Programs in Environmental Governance Cary Coglianese and Jennifer Nash 19. Private Environmental Governance Sarah E. Light and Michael P. Vandenbergh 20. Cost-Benefit Analysis Amy Sinden 21. The National Environmental Policy Act Daniel R. Mandelker 22. Climate Change and Environmental Impact Assessment Jessica Anne Wentz 23. Public Participation in Environmental Decision Making William Murray Tabb 24. Environmental Justice LeRoy C. Paddock 25. Environmental permits: origins and nature, and recent tendencies Geert Van Hoorick 26. Federalism, Delegated Permitting and Enforcement William L. Andreen 27. Internal Administrative Appeals of Governmental Decisions on the Environment Randolph L. Hill, Michelle A. Wenisch and Suzanne B. Krolikowski 28. Standing and Related Doctrines Bradford C. Mank 29. Judicial Review of Agency Statutory Interpretations in Environmental Law Heather Elliott 30. Judicial Review of Agency Environmental Decision Making Emily Hammond 31. Citizen Enforcement Karl S. Coplan 32. Public Intervenors and Public Funding in Environmental Decision Making Nicholas S. Bryner 33. Are International Courts the Best Adjudicators of Environmental Disputes? Itzchak E. Kornfeld 34. Environmental Courts and Tribunals George (Rock) Pring and Catherine (Kitty) Pring Index
£228.00
Edward Elgar Publishing Ltd Research Handbook on Climate Change and Trade Law
Book SynopsisThe interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues.The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. ZhangTrade ReviewThis is a fascinating volume in which the complicated relationship between climate change, trade and investment law is analyzed by leading scholars in this domain in an exhaustive manner. A must for anyone interested in the broad relationship between climate change and trade law.' --Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium'This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.' --Steve Charnovitz, George Washington University'In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis's Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.' --Dan Esty, Yale UniversityTable of ContentsContents: Introduction: Climate change and trade law—challenges for governance and coordination Panagiotis Delimatsis PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS 1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change Thomas Cottier and Tetyana Payosova 2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’? Anastasios Gourgourinis 3. Duty to Protect, Climate Change and Trade Krista Nadakavukaren Schefer and Pablo Arnaiz PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES 4. Carbon Taxes, PPMs and the GATT Erich Vranes 5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments Joel P. Trachtman 6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy Sadeq Z. Bigdeli 7. Sustainable Standard-Setting, Climate Change and the TBT Agreement Panagiotis Delimatsis 8. Climate Change and Services Trade: What Role for the GATS? Michaël Alder, Aik Hoe Lim, and Ruosi Zhang 9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change Matthew Rimmer PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES 10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security? Vitaliy Pogoretskyy and Sergii Melnyk 11. Food Security and Agricultural Trade: An Early Warning for Climate Change! Joseph A. McMahon 12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism Mark Wu 13. Climate Change, Green Paradox Models and International Trade Rules Roy Andrew Partain PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES 14. Trade Measures to Address Climate Change: Territory and Extraterritoriality Margaret A. Young 15. EU Climate Law and the WTO Emily Reid 16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism? Floor Fleurke 17. Climate Change in the TPP and the TTIP James Munro PART V CLIMATE CHANGE, TRADE AND INVESTMENT 18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages Angelos Dimopoulos 19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension J. Anthony VanDuzer 20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties Julien Chaisse Conclusion 21. Climate change mitigation and the WTO framework Ludivine Tamiotti and Daniel Ramos Index
£228.00
Edward Elgar Publishing Ltd Research Handbook on International Energy Law
Book SynopsisInternational energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy.This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means.Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hobér, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. YafimavaTrade Review‘The book's diverse topics, and impressive array of authors will make it a useful resource to a wide array of energy lawyers. The world's energy, environmental, and economic goals present a monumental hill to climb; the Research Handbook on lntemational Energy Law should be welcomed for beginning to illuminate the path.’ -- James W.Coleman, International Energy Law ReviewTable of ContentsContents: PART I: INTRODUCTION 1. Internationalisation of Energy Law Kim Talus 2. Institutional Actors in International Energy Law Sijbren de Jong and Jan Wouters 3. Interface Between National and International Energy Law Stephan W. Schill PART II: INTERNATIONAL ENERGY INVESTMENTS 4. Multilateral and Bilateral Energy Investment Treaties: Do We Need a Global Solution? Energy Charter Treaty as Objective Result of Evolution of the International Energy Markets and Instruments of Investment Protection and Stimulation Andrey A. Konoplyanik 5. In Search of Investment Stability Peter Cameron 6. World Petroleum Regimes Mohd Naseem and Saman Naseem 7. Energy and International Boundaries Tim Martin PART III: INTERNATIONAL DISPUTE SETTLEMENT AND ENERGY 8. International Arbitration and Energy: How Energy Disputes Shaped International Dispute Resolution Aníbal Sabater and Mark Stadnyk 9. Recent Trends in Energy Disputes Kaj Hobér 10. The Role of the Court of Justice of European Union in the Energy Market Liberalization Sirja-Leena Penttinen PART IV: INTERNATIONAL TRADE IN ENERGY 11. The WTO Agreements and Energy Yulia Selivanova 12. The International Legal Instruments for Cross-border Pipelines Ishrak Ahmed Siddiky 13. Contractual Issues in International Gas Trade: LNG – the Key to the Golden Age of Gas Peter Roberts and Ruchdi Maalouf PART V: INTERNATIONAL POVERTY, HUMAN RIGHTS AND ENERGY 14. Policy, Law, and the Actualization of the Right of Access to Energy Services Yinka Omorogbe 15. Renewable Energy for Food and Water Security Projects in Dry-Land Countries: Towards a Model Legal Framework for the Qatar National Food Security Programme Rudiger P. Tscherning PART VI: ENERGY AND SUSTAINABILITY 16. Promotion of Renewable Electricity: Free Trade and Domestic Industrial Development Anton Ming-Zhi Gao 17. EU Energy Efficiency Regulation and Governance: Lessons for the US? Lynne Holt and Mary Galligan PART VII: CONTEMPORARY ISSUES IN INTERNATIONAL ENERGY LAW 18. Corruption and the Energy Sector: Inevitable Bedfellows? Lucinda A. Low and Richard J. Battaglia 19. Transparency and International Energy Tonje Pareli Gormley 20. The Regulation of Oil Spills from Offshore Installations Alex Wawryk 21. Transit: The EU Energy Acquis and the Energy Charter Treaty Katja Yafimava 22. International Energy Law, Institutions and Geopolitics Andrei V. Belyi Index
£52.20
Edward Elgar Publishing Ltd Implementing Environmental Law
Book SynopsisThis insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance.A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance.This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. XiTrade Review'The effective implementation as distinct from the enforcement of environmental laws depends upon a range of discrete factors. These include institutional, cultural, social, economic, political as well as traditional legal influences and perspectives. This series of essays explains and analyses the theoretical underpinnings of the relationship between all of these factors and the methodology appropriate to determining in practice whether environmental laws are being implemented so that their objectives are being achieved. This involves a review of the growing theoretical literature and a discussion of a significant number of examples, international, regional, national and local, which assess the extent of effective implementation of the relevant legal rules. The strength of these essays is two fold: the depth of the theoretical discourse and the breadth of the indicative practical examples. These essays will add considerable grist to the intellectual mill of those interested in the perception of environmental governance as an emerging global system.' --Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: Introduction: A Jurisprudence of Environmental Governance? Paul Martin and Amanda Kennedy 1. Accelerating the Evolution of Environmental Law through Continuous Learning from Applied Experience Paul Martin and Donna Craig 2. Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model Wang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3. Putting the Train of Environmental Protection on Track: Nova Scotia's Experiment in Using Legislation to Strengthen Environmental Law Meinhard Doelle and William Lahey 4. Has Environmental Impact Assessment (EIA) Lost Credibility? Recent Concerns from Australia and Canada Wayne Gumley 5. Contamination and the Polluter Pays Principle Emma Lees 6. Possible Legal Obligations to Consult Tanya Howard and Solange Teles Da Silva 7. Implementing International Water Agreements Alistair Rieu-Clarke and Josefin Gooch 8. Fouling Adam's Eden: A Legal Analysis of the Collective Action Challenge in Lake Victoria Omondi Robert Owino 9. Marine Protection Treaties in Antarctic Waters: Fragmentation or Coordination in International Treaty Implementation Gregory Rose 10. The Effectiveness of Instrument Mixes in Environmental Law: Insights from Ship-source Pollution Javier de Cendra 11. Implementing Environmental Law and Collaborative Governance Cameron Holley and Andrew Lawson 12. Private Environmental Enforcement: Using Supply Chain Requirements to Achieve Better Environmental Outcomes LeRoy Paddock and Molly Masterton 13. Hybrid Governance and ‘Wicked’ Natural Resource Risks Paul Martin and Peter Noble 14. Regulators Networks: Collaborative Agency Approaches to the Implementation and Enforcement of Environmental Law Grant Pink and Robyn Bartel Index
£35.10
Edward Elgar Publishing Ltd Water and the Law: Towards Sustainability
Book SynopsisWater and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. WuTrade Review‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction: Water and the Law – Towards Sustainability Michael Kidd and Loretta Feris PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW 2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation Patricia Wouters 3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam Habtamu Alebachew 4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin Emmanuel B. Kasimbazi 5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy Adrien Bodart PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT 6. A Jurisprudential Model for Sustainable Water Resources Governance Douglas E. Fisher 7. Sustainability, Governance and Water Management in New Zealand Trevor Daya-Winterbottom 8. The Protection of Riparian Forests and Water Resources Conservation in Brazil Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva 9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin Ganesh Keremane, Jennifer McKay and Zhifang Wu 10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests Niko Soininen 11. Water Law: Adapting to Climate Change in South-Eastern Australia? Anita Foerster 12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change Marleen van Rijswick and Imelda U. Tappeiner 13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process Ramin Pejan, Derick du Toit and Sharon Pollard PART III THE RIGHT OF ACCESS TO WATER 14. The Right to Water and its Misconceptions, Between Developed and Developing Countries Nicola Lugaresi 15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve Alexander Ross Paterson Index
£137.00
Edward Elgar Publishing Ltd Water and the Law: Towards Sustainability
Book SynopsisWater and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. WuTrade Review‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction: Water and the Law – Towards Sustainability Michael Kidd and Loretta Feris PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW 2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation Patricia Wouters 3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam Habtamu Alebachew 4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin Emmanuel B. Kasimbazi 5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy Adrien Bodart PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT 6. A Jurisprudential Model for Sustainable Water Resources Governance Douglas E. Fisher 7. Sustainability, Governance and Water Management in New Zealand Trevor Daya-Winterbottom 8. The Protection of Riparian Forests and Water Resources Conservation in Brazil Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva 9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin Ganesh Keremane, Jennifer McKay and Zhifang Wu 10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests Niko Soininen 11. Water Law: Adapting to Climate Change in South-Eastern Australia? Anita Foerster 12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change Marleen van Rijswick and Imelda U. Tappeiner 13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process Ramin Pejan, Derick du Toit and Sharon Pollard PART III THE RIGHT OF ACCESS TO WATER 14. The Right to Water and its Misconceptions, Between Developed and Developing Countries Nicola Lugaresi 15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve Alexander Ross Paterson Index
£40.80
Edward Elgar Publishing Ltd Enforcement of Environmental Law
Book SynopsisIt is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law.Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.Trade Review‘This Research Collection by Ludwig Krämer fills a gap in the legal research related to the enforcement of environmental law. It provides a well reasoned and comprehensive collection of the existing literature on this topic, analysed from different perspectives (international, European and national) as well as covering different aspects, ranging from methodological to substantive issues. The book represents an indispensable reference point for all scholars interested in understanding the most relevant aspects and the most important lessons to be learnt related to the enforcement of environmental law.’ -- Massimiliano Montini, University of Siena, ItalyTable of ContentsContents: Introduction Ludwig Krämer PART I STRATEGIES, PHILISOPHY, GENERAL QUESTIONS 1. Cheryl E. Wasserman (1990), ‘An Overview of Compliance and Enforcement in the United States: Philosophy, Strategies and Management Tools’, International Enforcement Workshop, May 8–10, 1990: Proceedings, Chapter I, Volume I, Utrecht, the Netherlands: Ministry of Housing, Physical Planning and Environment, and Washington, DC, USA: United States Environmental Protection Agency, 7–45 2. Gertrude Lübbe-Wolff (2001), ‘Efficient Environmental Legislation - On Different Philosophies of Pollution Control in Europe’, Journal of Environmental Law, 13 (1), 79–87 3. Richard Macrory (2013), ‘Sanctions and Safeguards: The Brave New World of Regulatory Enforcement’, Current Legal Problems, 66 (1), 233–66 4. Marcia E. Mulkey (2004), ‘Judges and Other Lawmakers: Critical Contributions to Environmental Law Enforcement’, Sustainable Development Law and Policy, IV (1), Spring, 2–16 5. Lesley K. McAllister, Benjamin van Rooij and Robert A. Kagan (2010), ‘Reorienting Regulation: Pollution Enforcement in Industrializing Countries’, Law and Policy, 32 (1), January, 1–13 PART II ENFORCEMENT AND PUBLIC AUTHORITIES 6. David M. Konisky (2007), ‘Regulatory Competition and Environmental Enforcement: Is There a Race to the Bottom?’, American Journal of Political Science, 51 (4), October, 853–72 7. Reiner-Jörg Hüper (2004), ‘Application of Criminal Environmental Law in Germany’, in Françoise Comte and Ludwig Krämer (eds), Environmental Crime in Europe: Rules of Sanctions, Chapter 14, Groningen, Germany: Europa Law Publishing, 149, 151–58 8. K.J. de Graaf and J.H. Jans (2007), ‘Colloquium Article: Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards’, Pace Environmental Law Review, 24 (2), Summer, 377–98 9. United States Environmental Protection Agency (2011), ‘EPA Must Improve Oversight of State Enforcement’, Report No. 12-P-0113, December 9, 2011, Chapter 2, Washington, DC, USA: United States Environmental Protection Agency, 6–24 10. Eugene Mazur (2011), ‘Environmental Enforcement in Decentralised Governance Systems: Toward a Nationwide Level Playing Field’, OECD Environment Working Papers No.34, Paris, France: OECD Publishing, i, 9–40 PART III ENFORCEMENT OF INTERNATIONAL AGREEMENTS 11. Jutta Brunnée (2005), ‘Enforcement Mechanisms in International Law and International Environmental Law’, elni Review, 1, 1–12 12. Michael Bothe (1996), ‘The Evaluation of Enforcement Mechanisms in International Environmental Law: An Overview’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 13–38 13. Winfried Lang (1996), ‘Trade Restrictions as a Means of Enforcing Compliance with International Environmental Law: Montreal Protocol on Substances that Deplete the Ozone Layer’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 265–83 14. Alexandra González-Calatayud and Gabrielle Marceau (2002), ‘The Relationship between the Dispute-Settlement Mechanisms of MEAs and those of the WTO’, Review of European Community and International Environmental Law, 11 (3), November, 275–86 15. Gebhard Kirchgässner and Ernst Mohr (1996), ‘Trade Restrictions as Viable Means of Enforcing Compliance with International Environmental Law: An Economic Assessment’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 199–226 16. Veit Koester (2007), ‘The Compliance Committee of the Aarhus Convention: An Overview of Procedures and Jurisprudence’, Environmental Policy and Law, 37 (2–3), 83–96 17. Jonas Ebbesson (2007), ‘Implementing and Enforcing the Baltic Sea Convention Through European Community Law’, in Martin Führ, Rainer Wahl and Peter von Wilmowsky (eds), Umweltrecht und Umweltwissenschaft: Festschrift für Eckard Rehbinder, Berlin, Germany: Erich Schmidt Verlag, 693–704 18. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European Community and International Environmental Law, 22 (3), November, 251–63 PART IV ENFORCING EU ENVIRONMENTAL LAW 19. Koen Lenaerts and José A. Gutiérrez-Fons (2011), ‘The General System of EU Environmental Law Enforcement’, Yearbook of European Law, 30 (1), 3–41 20. Ken Collins and David Earnshaw (1992), ‘The Implementation and Enforcement of European Community Environment Legislation’, Environmental Politics, Special Issue: A Green Dimension for the European Community: Political Issues and Processes, 1 (4), November, 213–49 21. Liam Cashman (2006), ‘Commission Compliance Promotion and Enforcement in the Field of the Environment’, Journal for European Environmental and Planning Law, 3 (5), 385–94 22. Brian Jack (2011), ‘Enforcing Member State Compliance with EU Environmental Law: A Critical Evaluation of the Use of Financial Penalties’, Journal of Environmental Law, 23 (1), March, 73–95 23. Martin Hedemann-Robinson (2012), ‘EU Enforcement of International Environmental Agreements: The Role of the European Commission’, European Energy and Environmental Law Review, 21 (1), February, 2–30 24. Suzanne Kingston (2013), ‘Mind the Gap: Difficulties in Enforcement and the Continuing Unfulfilled Promise of EU Environmental Law’, in European Perspectives on Environmental Law and Governance, Chapter 7, Abingdon, UK and New York, NY, USA: Routledge, 147–76 PART V ENFORCEMENT BY CIVIL SOCIETY 25. Jan Darpö (2013), ‘Effective Justice? Synthesis Report of the Study on the Implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union’, in Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina (eds), National Courts and EU Environmental Law, Chapter 8, Groningen, the Netherlands: Europa Law Publishing, 167, 169–212 26. Jan H. Jans and Albert T. Marseille (2010), ‘The Role of NGOs in Environmental Litigation against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands’, Journal of Environmental Law, 22 (3), 373–90 27. Jennifer Cassel (2007), ‘Enforcing Environmental Human Rights: Selected Strategies of US NGOs’, Northwestern Journal of International Human Rights, 6 (1), Fall, 104–27 28. Ludwig Krämer (2014), ‘EU Enforcement of Environmental Laws: From Great Principles to Daily Practice – Improving Citizen Involvement’, Environmental Policy and Law, 44 (1–2), 247–56 29. Christian Schall (2008), ‘Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?’, Journal of Environmental Law, 20 (3), 417–53 PART VI SPECIFIC COUNTRIES 30. Joel A. Mintz (2013), ‘Assessing National Environmental Enforcement: Some Lessons from the United States' Experience’, Georgetown International Environmental Law Review, 26 (1), Fall, 1–12 31. Christopher N. Behre (2003), ‘Mexican Environmental Law: Enforcement and Public Participation Since the Signing of NAFTA’s Environmental Cooperation Agreement’, Journal of Transnational Law and Policy, 12 (2), Spring, 327–43 32. Carlos Wing-Hung Lo, Gerald E. Fryxell, Benjamin van Rooij, Wei Wang and Pansy Honying Li (2012), ‘Explaining the Enforcement Gap in China: Local Government Support and Internal Agency Obstacles as Predictors of Enforcement Actions in Guangzhou’, Journal of Environmental Management, 111, November, 227–35 33. Benjamin van Rooij and Carlos Wing-Hung Lo (2010), ‘Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law’, Law and Policy, 32 (1), January, 14–37 34. Liam Cashman (2013), ‘Commission Enforcement of EU Environmental Legislation in Ireland: A 20-Year Retrospective’, in Suzanne Kingston (ed.), European Perspectives on Environmental Law and Governance, Chapter 8, Abingdon, UK and New York, NY, USA: Routledge, 177–96 35. Michael G. Faure and Katarina Svatikova (2010), ‘Enforcement of Environmental Law in the Flemish Region’, European Energy and Environmental Law Review, 19 (2), April, 60–79 PART VII SPECIFIC INSTRUMENTS 36. Victor B. Flatt and Paul M. Collins Jr. (2011), ‘Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free’, Environmental Law Reporter, 41 (8), 10679–85 37. Michael Bothe (2006), ‘Ensuring Compliance with Multilateral Environmental Agreements – Systems Of Inspection and External Monitoring’, in Ulrich Beyerlin, Peter-Tobias Stoll and Rüdiger Wolfrum (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue Between Practitioners and Academia, Leiden, the Netherlands and Boston, MA: Koninklijke Brill NV, 247–58 38. Wayne B. Gray and Jay P. Shimshack (2011), ‘The Effectiveness of Environmental Monitoring and Enforcement: A Review of the Empirical Evidence’, Review of Environmental Economics and Policy, 5 (1), Winter, 3–24 39. Marjan Peeters (2006), ‘Enforcement of EU Greenhouse Gas Emissions Trading Scheme’, in Marjan Peeters and Kurt Deketelaere (eds), EU Climate Change Policy: The Challenge of New Regulatory Initiatives, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing Ltd, 169–87 40. Michael Watson (2006), ‘The Use of Criminal and Civil Penalties to Protect the Environment: A Comparative Study’, European Environmental Law Review, 15 (4), April, 108–13 Index
£369.00
Edward Elgar Publishing Ltd Research Handbook on Emissions Trading
Book SynopsisThe Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing upon law, economics and, at times, political science, to present relevant research strands in a clear and multifaceted way. Its comprehensive mix of theoretical analysis and experiences from existing trading systems offers insights that can be applied around the world.The expert contributors bring together views from different disciplinary and geographic perspectives. This multifaceted examination of economic and legal origins, implementation problems and the emerging international aspect of emissions trading identifies key bodies of research for both upcoming and seasoned academics in the field and highlights future research opportunities. Its broad and accessible approach touches on climate law, environmental law and environmental governance. This Research Handbook will appeal strongly to academics and postgraduate students, as well as providing valuable insights for regulators, government officials and practitioners who are involved in emissions trading.Contributors include: H. Chen, D.H. Cole, C. de Perthuis, A.F. Gubina, F. Gullì, B. Hinterman, K. Holzer, C. Kettner, E. Kosolapova, A. Nentjes, K. Nield, M. Peeters, R. Pereira, K.S. Rogge, R. Trotignon, A. Tuerk, J. van ZebenTrade Review'For all its conceptual simplicity, emissions trading has proven a remarkably challenging policy instrument to implement in practice. With a growing number of jurisdictions around the world embracing carbon markets to achieve their climate targets, an improved understanding of instrument design and operation - including the complex spillover dynamics encountered in existing systems - has never been more critical. This book, ably edited by a leading scholar in the field, makes an important and timely contribution to the literature, bringing together experts from a wide variety of backgrounds to dissect the accumulated body of empirical evidence and expand the boundaries of our knowledge on emissions trading.' --Michael A. Mehling, Massachusetts Institute of Technology'If trading of any kind of emission rights is to play a role in future environmental regulation, we had better learn sound lessons from past experience. Led by the formidable Dr Weishaar, this volume does exactly that. Readers will find exquisite analysis of the pros and cons of current trading efforts. A treasure trove of analysis.' --Geert van Calster, Katholieke Universiteit Leuven, Belgium'This Research Handbook is a marvelous overview of all challenges and dimensions that could and do arise concerning emissions trading. The legal and economic dimensions of emission trading are critically discussed and attention is also paid to the way in which emission trading functions in various jurisdictions. This volume will therefore be of great interest and help to anyone interested in obtaining more insights into the specificities of this fascinating policy instrument.' --Michael Faure, Maastricht University, the NetherlandsTable of ContentsContents: 1. Introduction Stefan E. Weishaar PART I ECONOMIC AND LEGAL ORIGINS 2. Origins of Emissions Trading in Theory and Early Practice Daniel H. Cole 3. Emission Targets and Variants of Emissions Trading Andries Nentjes 4. Analyses of Allowance Transactions - Firm Behaviour in the First Trading Phase and Learnings from the Data Claudia Kettner PART II IMPLEMENTATION PROBLEMS 5. Emissions Trading and Market Manipulation Beat Hintermann 6. Enforcement of Emissions Trading - Sanction Regimes of Greenhouse Gas Emissions Trading in the EU and China Marjan Peeters and Huizhen Chen 7. Windfall Profits in the EU ETS Power Sector Francesco Gullì 8. Reviewing the Evidence on the Innovation Impact of the EU Emission Trading System Karoline S. Rogge 9. Financial Crimes in the European Carbon Markets Katherine Nield and Ricardo Pereira 10. Implementation Challenges for Emission Trading Schemes: The Role of Litigation Josephine van Zeben 11. Emissions Trading Systems and International Liability of Single Major Emissions Sources Elena Kosolapova 12. Allowance “Surplus” and Governance Implications Christian de Perthuis and Raphael Trotignon PART III INTERNATIONAL DIMENSION 13. Linking Emission Trading Schemes: Concepts, Experiences and Outlook Andreas Tuerk and Andrej F. Gubina 14. Emissions Trading and WTO Law Kateryna Holzer Index
£166.00
Edward Elgar Publishing Ltd Transboundary Pollution: Evolving Issues of
Book SynopsisTransboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution.Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice.Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy.Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. TayTable of ContentsContents: Acknowledgements Introduction S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan PART I TRANSBOUNDARY POLLUTION: GENERAL PRINCIPLES AND STATE RESPONSIBILITY 1. Transboundary Pollution: Principles, Policy and Practice Catherine Redgwell 2. Transboundary Pollution in a Global Economy: General Principles and Problems in Practice Simon Tay 3. Unpacking the Elements of State Responsibility Claims for Transboundary Pollution, Jacqueline Peel PART II TRANSBOUNDARY POLLUTION: PROBLEMS AND PROSPECTS 4. Pollution of Shared Freshwater Resources in International Law Stephen C. McCaffrey 5. Environmental Impact Assessment in Preventing Transboundary River Pollution under International Law: An Analysis Lan Hua 6. State Responsibility and Transboundary Marine Pollution Robert Beckman 7. Transboundary Pollution from Offshore Activities: A Study of the Montara Offshore Oil Spill Youna Lyons 8. Preventing Transboundary Nuclear Pollution: A Post-Fukushima Legal Perspective Günther Handl 9. Transboundary Air Pollution: A Tale of Two Paradigms Alan Boyle PART III: COOPERATIVE MECHANISMS FOR ADDRESSING TRANSBOUNDARY POLLUTION 10. The Principle and Duty to Cooperate: The Case of Conventions on Transboundary Pollution in Europe Hans Christian Bugge 11. Evaluating the (In)effectiveness of ASEAN Cooperation against Transboundary Air Pollution Laode M Syarif 12. ‘Can’t We Even Share Maps?’: Cooperative and Unilateral Mechanisms to Combat Forest Fires and Transboundary “Haze” in Southeast Asia Alan Khee-Jin Tan 13. Legal Redress of Transboundary Air Pollution through Environmental Cooperation Nicholas A Robinson Index
£139.00
Edward Elgar Publishing Ltd Waste Policy: International Regulation,
Book SynopsisGenerating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.'- Malgosia Fitzmaurice, Queen Mary University of London, UK'Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.'- Klaus Bosselmann, University of Auckland, New ZealandFrom human waste to nuclear waste, the question of how we must manage what we no longer want, in terms of either recycling or disposal, is one of the most pressing issues in environmental law. Alexander Gillespie addresses the gaps in previous literature by incorporating economics, philosophy and the ideal of sustainable development in order to provide context to the surrounding legal and policy considerations for the management of waste.The book's premise is that all forms of waste are expanding exponentially, and are often of a hazardous nature. The author examines the size of the problem, considers how it is evolving, and assesses the legal and political implications. He then shows that existing solutions to reducing consumption and recycling are limited, and concludes by discussing potential ways forward.Students and scholars with an interest in environmental law at the national, regional and international level will find this book to be of use. The book will also be of interest to practitioners looking to solve the issues surrounding waste and recycling.Trade Review‘Generating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.‘ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.’ -- Klaus Bosselmann, University of Auckland, New Zealand‘Edward Elgar Publishing is once again to be congratulated for raising another contemporary subject which involves us all: this time it is how we should deal with the subject of waste with the publication of Waste Policy which all environmentalists will find absorbing reading.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction 2. Five Certainties on Waste 3. The Waste Hierarchy 4. Recycling 5. Disposal into the Air 6. Disposal into the Land 7. Disposal into the Ocean 8. Human Waste 9. Nuclear Waste 10. Conclusion Index
£94.00
Edward Elgar Publishing Ltd Sustainable Development in International Law
Book SynopsisThis book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy-making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture - a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.'- Michael Trebilcock, University of Toronto, Canada'Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.'- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural RightsThe concept of sustainable development has become a fundamental discourse in international decision making. To enable pragmatic sustainable development governance, legally coherent, mutually supportive multilateral treaties are both necessary and important. This timely book provides an accessible insight into how the concept of sustainable development can be made operational for coherent law making through its translation into legal terms.The book is split into two informative points of inquiry. The first part of the book explores the origins of the sustainable development debate and sheds light on how the international community has inadequately operationalized the concept to utilize its full potential. In this view, Elisabeth Bürgi Bonanomi illustrates how sustainable development can facilitate coherent international law making when it is understood as a multidimensional legal principle and methodical norm. The second part of the book adopts this notion as an analytical lens on the WTO Agreement on Agriculture, placing the focus specifically on food security and food sustainability. The overarching discussion contributes to one of the most intricate debates of international food governance and investigates the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.Providing a comprehensive overview of sustainable development law, its origins, and its current theories, scholars and students with a background in international public law, trade, and investment law, development and human rights law, international relations, and environmental policy will find this book a valuable reference tool. Practitioners and policy-makers will benefit from the insight into the search for politically coherent and sustainable legal agreements.Trade Review‘This book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture – a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.’ -- Michael Trebilcock, University of Toronto, Canada‘Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.’ -- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural Rights‘Understanding the problems of global food governance through the lens of sustainable development provides an important way of reinvigorating the increasingly fractious debate about how, if at all, the WTO Agreement on Agriculture should be changed to accommodate the contemporary challenges of global food security. Elisabeth Bürgi Bonanomi’s book is an interesting and very welcome addition to the literature.’ -- Fiona Smith, Warwick University, UK* Following quote should not be used without the express permission of the author‘Elisabeth Bürgi Bonanomi’s book is a refreshing new look at an established concept. Many believe ‘sustainable development’ need not be explained to them. Think again. By reviewing the concept’s origins and tracking its application in treaty and case-law alike, this book offers a much needed revisit of an issue core to international environmental law.’ -- Geert van Calster, University of Leuven, BelgiumTable of ContentsContents: PART I THE FOUNDATIONS OF SUSTAINABLE DEVELOPMENT 1. History of the Concept of Sustainable Development 2. Conceptual and Institutional Approaches Towards Sustainable Development PART II SUSTAINABLE DEVELOPMENT IN INTERNATIONAL LAW 3. International Sustainable Development Law: A New Branch of Law 4. Notion of Legal Coherence in the Context of Sustainable Development 5. Status of the Principle of Sustainable Development in International Law PART III TRADE IN AGRICULTURE ASSESSED FOR COHERENCE 6. The Legal Foundations of the Assessment 7. Legal Principle of Sustainable Development Applied to the Agreement on Agriculture Bibliography Index
£134.00
Edward Elgar Publishing Ltd Environmental Regimes in Asian Subregions: China
Book SynopsisInformed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.Trade Review'The third pole sits on top of the world, and rightly so. Its pure magnificence steers global action and politics. The fate of the third pole might equal the fate of China and of man-kind, as we probably know it. Thus, one cannot overstate the relevance of this region and the topic overall. This thorough book comes with a new, and overlooked angle: The law, policies and governance instruments for this region so essential for mankind. While one might ponder whether the law for this region, for China and for global governance, acts as we know it in the western world and its courts, there is no doubt that a suitable, effective, fair and sustainable policy scheme is required for this region (also referred to as the 'water towers of the world'). This milestone publication sets the stage and offers us a fresh and hopeful look at the issue. With climate change and many other threats on the rise, we all hope for the best.' --Falk Huettmann, University of Alaska, Fairbanks'Simon Marsden's book is extremely timely and provides a very welcomed addition to the literature on legal frameworks towards the environment in Asia. The book covers a wide variety of legal regimes from southwest to south and southeast Asia with special attention to the Tibetan Plateau and China's approach towards (transboundary) environmental governance. It will be of great help to researchers, planners, legal experts, and policy makers focusing on the protection of one of the world's most unique regions - the ''Third Pole''.' --Clemens Kunze, International Centre for Integrated Mountain Development (ICIMOD), NepalTable of ContentsContents: 1. Introduction: Asian Subregions, Environmental Regimes and Regime Effectiveness 2. Southwest Asia: The Arabian Gulf/Gulf of Oman and the Red Sea/Gulf of Aden Regimes 3. Connecting Central Asia with Southwest, North and Eurasia: The Caspian Sea, Aral Sea, and Sustainable Development Regimes 4. Southeast Asia: The Mekong, Conservation and Haze Pollution Regimes 5. Linking South and East Asia: The Tumen Regime, China and the Third Pole Index
£105.00
Edward Elgar Publishing Ltd The Search for Environmental Justice
Book SynopsisThis thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. WilliamsTrade Review'This book makes a very useful contribution to the literature on environmental justice through a series of varied, diverse and distinct contributions that map different areas of this multi-faceted topic. The diverse positions advocated reflect the difficult challenges ahead towards ensuring environmental protection in an equitable and just manner at the national and international levels.' --Philippe Cullet, SOAS, University of London, UK'This is an extended and remarkable excursus into the evolving concept of environmental justice. The Editors have woven several nuggets from various scholars and jurisdictions into an impressive mosaic that will resonate for a long time in this nascent literature. The IUCN Academy of Environmental Law is emerging as an important facilitator of conceptual norms of international environmental law and justice. The welcome drift in the direction of ''environmental justice'' is so compelling that the UNEP Governing Council has recently adopted the first internationally negotiated document to establish the supportive ''environmental rule of law.'' As a player in the important jurisprudence from South Asia on environmental justice, I stand in reverential awe of this tour de force of experiences in other regions toward the promotion of good environmental governance and environmental social justice.' --Parvez Hassan, Hassan and Hassan (Advocates), PakistanTable of ContentsContents: 1. The Search for Environmental Justice Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 2. The Effectiveness of the Law in Providing Access to Environmental Justice: an Introduction The Hon. Justice Brian J. Preston SC 3. The Rule of Law in the Anthropocene Klaus Bosselmann 4. Biodiversity Justice in a Climate Change World: Offsetting the Future Lee Godden and Emily O’Connell PART II RIGHTS-BASED CONCEPTUALISATIONS 5. Human Rights and the Environment Justice Susan Glazebrook 6. No Private Property Rights in the Atmosphere Ben France-Hudson 7. On the Theory and Practice of the Rights of Nature Joel I. Colón-Ríos PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE 8. REDD+ Implementation in Thailand – Legal and Institutional Challenges Wanida Phromlah and Paul Martin 9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Achmad Santosa, Josi Khatarina and Aldilla Stephanie Suwana 10. Consensus Federalism and Freshwater Regulation Amelia Keene 11. International Environmental Governance in the Pacific Island Region Justin Gregory Rose 12. Safe Harbours, Closed Borders? New Zealand Legal and Policy Responses to Climate Displacement in the South Pacific Vernon Rive 13. Overcoming Climate Inertia with Unilateral Action on Black Carbon Anastasia Telesetsky 14. Is There Relief For Transnational Harm? Christopher Chaulk 15. The Australian Biotechnology Regulatory Framework: Issues Concerning Adventitious Presence (AP), Co-existence, Liability and Coherence Ramesh Karky and Mark Perry PART IV RECOGNITION OF INDIGENOUS PEOPLES’ INTERESTS 16. Customary Law Systems for Water Governance in Kenya Elizabeth Gachenga 17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig 18. Inclusive Practices, Innovative Collaboration, Governance and Recognising Cultural Capital: Environmental Law Through a Cultural Lens Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams Index
£126.00
Edward Elgar Publishing Ltd The Search for Environmental Justice
Book SynopsisThis thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. WilliamsTrade Review'This book makes a very useful contribution to the literature on environmental justice through a series of varied, diverse and distinct contributions that map different areas of this multi-faceted topic. The diverse positions advocated reflect the difficult challenges ahead towards ensuring environmental protection in an equitable and just manner at the national and international levels.' --Philippe Cullet, SOAS, University of London, UK'This is an extended and remarkable excursus into the evolving concept of environmental justice. The Editors have woven several nuggets from various scholars and jurisdictions into an impressive mosaic that will resonate for a long time in this nascent literature. The IUCN Academy of Environmental Law is emerging as an important facilitator of conceptual norms of international environmental law and justice. The welcome drift in the direction of ''environmental justice'' is so compelling that the UNEP Governing Council has recently adopted the first internationally negotiated document to establish the supportive ''environmental rule of law.'' As a player in the important jurisprudence from South Asia on environmental justice, I stand in reverential awe of this tour de force of experiences in other regions toward the promotion of good environmental governance and environmental social justice.' --Parvez Hassan, Hassan and Hassan (Advocates), PakistanTable of ContentsContents: 1. The Search for Environmental Justice Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 2. The Effectiveness of the Law in Providing Access to Environmental Justice: an Introduction The Hon. Justice Brian J. Preston SC 3. The Rule of Law in the Anthropocene Klaus Bosselmann 4. Biodiversity Justice in a Climate Change World: Offsetting the Future Lee Godden and Emily O’Connell PART II RIGHTS-BASED CONCEPTUALISATIONS 5. Human Rights and the Environment Justice Susan Glazebrook 6. No Private Property Rights in the Atmosphere Ben France-Hudson 7. On the Theory and Practice of the Rights of Nature Joel I. Colón-Ríos PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE 8. REDD+ Implementation in Thailand – Legal and Institutional Challenges Wanida Phromlah and Paul Martin 9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Achmad Santosa, Josi Khatarina and Aldilla Stephanie Suwana 10. Consensus Federalism and Freshwater Regulation Amelia Keene 11. International Environmental Governance in the Pacific Island Region Justin Gregory Rose 12. Safe Harbours, Closed Borders? New Zealand Legal and Policy Responses to Climate Displacement in the South Pacific Vernon Rive 13. Overcoming Climate Inertia with Unilateral Action on Black Carbon Anastasia Telesetsky 14. Is There Relief For Transnational Harm? Christopher Chaulk 15. The Australian Biotechnology Regulatory Framework: Issues Concerning Adventitious Presence (AP), Co-existence, Liability and Coherence Ramesh Karky and Mark Perry PART IV RECOGNITION OF INDIGENOUS PEOPLES’ INTERESTS 16. Customary Law Systems for Water Governance in Kenya Elizabeth Gachenga 17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig 18. Inclusive Practices, Innovative Collaboration, Governance and Recognising Cultural Capital: Environmental Law Through a Cultural Lens Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams Index
£40.95
Edward Elgar Publishing Ltd Chemical Risk Governance
Book SynopsisThis incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law.Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals.This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.Table of ContentsContents: Foreword to the Encyclopedia xi Jamie Benidickson and Yves Le Bouthillier Foreword to Volume XII xii Michael Faure List of abbreviations xiv Introduction to Volume XII 1 Adam DK Abelkop and Lucas Bergkamp PART 1 GENERAL CONCEPTS XII.1 Chemicals as regulatory targets 19 John S Applegate XII.2 Chemical nomenclature: the sentinel at the gate of chemical legislation 35 Herb Estreicher and Rhys G Daniels XII.3 Legislative basis – chemical risk assessment 48 ME (Bette) Meek XII.4 Chemical testing and nonhuman animals 69 Courtney G Lee XII.5 The regulation of toxics and environmental justice: the uneven distribution of pollution 89 Dayna Nadine Scott and Lara Tessaro XII.6 Policy instruments in chemical risk governance 112 Adam DK Abelkop and Kenneth R Richards PART 2 CHEMICALS IN PRODUCTS AND MANUFACTURING XII.7 Regulation under the US Toxic Substances Control Act as amended by the Lautenberg Chemical Safety for the 21st Century Act 145 Adam DK Abelkop XII.8 Risk management measures under the European Union’s REACH Regulation and CLP Regulation 172 Nicolas Herbatschek XII.9 Leverage effect of public disclosure on risk management and risk assessment 185 David Roe XII.10 International law governing chemical risk assessment and management 203 Noah M Sachs, David A Wirth, and Adam DK Abelkop XII.11 Classification systems 225 .gnes Botos and Zolt.n Ill.s XII.12 Global data sharing 245 Doris Peters and Maren Rectanus PART 3 TYPES OF CHEMICALS AND EXPOSURES XII.13 Case studies in regulatory concepts 267 Lynn L Bergeson, Bethami Auerbach, Lisa R Burchi, Carla N Hutton, and Zameer Qureshi XII.14 Pesticide regulation in the US 290 Mary Jane Angelo XII.15 Pesticide law in the European Union 311 Anna Gergely and Gy.ngyi D.vid XII.16 Medicines 330 Erika Lietzan and Patricia J Zettler XII.17 Regulation of chemicals in food 344 Timothy D Lytton and Patricia J Zettler XII.18 Tobacco regulation 360 Micah L Berman XII.19 Worker protection and occupational health and safety legislation in the EU 376 Jan Popma XII.20 Runoff from concentrated animal feeding operations, manure 396 Terence J Centner PART 4 WASTE AND CONTAMINATION XII.21 Overview of chemicals in waste streams 413 Jonathan Cocker and Ulrich Ellinghaus XII.22 Definition of waste 422 Jeffrey M Gaba and Anita Lloyd XII.23 Waste in European waste law: the Waste Framework Directive explained 441 Thomas J de R.mph XII.24 International regulation of trade in chemicals 462 Jonathan Carlson XII.25 Remediation of contaminated areas exposed to chemical substances 481 Alexandre Salom.o Jabra PART 5 LIABILITY XII.26 Toxic torts in Europe 501 Lucas Bergkamp and Katinka M Brouwer XII.27 The role of tort law in environmental health protections: how scientific evidentiary standards change tort litigation 522 Carl F Cranor XII.28 Asbestos litigation and regulation in the US 543 D’Arcy LR Rapp XII.29 Liability for contaminated land 565 Mark Templeton XII.30 Environmental liability insurance 581 Valerie Fogleman Index
£245.00
Edward Elgar Publishing Ltd Research Handbook on Freshwater Law and
Book SynopsisOver recent decades, there have been pivotal changes in the management and protection of water resources as human rights, environmental and water law have all turned towards the conservation of freshwater. This astute Research Handbook analyses the interactions and interplay between law and other fields, bringing together interdisciplinary contributors, from both academic and practitioner background, to establish the extent to which law is being informed by other fields.Providing expert advice from disciplines ranging from law and political science to geography and hydrogeology, this Research Handbook critically examines the impact on freshwater law on various disciplines. Offering concrete illustrations of the relationships between environmental sciences and law, and combining legal research with theories of international relations, political science, and environmental sciences, the Research Handbook on Freshwater Law and International Relations provides an original methodology to examine the challenge of freshwater management and protection.The insights provided by this Research Handbook will be invaluable to law and political science researchers with an interest freshwater law and international relations, as well as advanced students of environmental sciences and practitioners and decision makers in freshwater management and protection.Contributors include: D. Azaria, A. Aureli, M. Beniston, L. Boisson de Chazournes, T. Bolognesi, C. Bréthaut, L. Caflisch, A. Correia Lima Macedo Franca, A. Dumont, E. Dupuits, E. Fiechter-Widemann, S. Hawkins, S. Kpenou, Z.W. Kundzewicz, C. Leb, L. Maertens, R. Martin-Nagle, M.M. Mbengue, S. McCaffrey, O. McIntyre, M. Milano, N. Odili, G. Pflieger, S.M.A. Salman, E. Reynard, A. Rivera, M. Stoffel, A. Tanzi, M. Tignino, L. Turley, B. ZerhdoudTable of ContentsContents: Introduction: An interdisciplinary inquiry into the relationship between fresh water, the rule of law and international relations M. Tignino and C. Bréthaut Part I The characterization of fresh water in international law 1. Fresh water as common heritage and a common concern of mankind S. Kpenou 2. The economic management of water resources: the case of the investor-State disputes in the context of concession contracts B. Zerhdoud 3. The environmental management of water resources: what impact on the characterization of fresh water in international law? M.M. Mbengue and N. Odili 4. Urban water management: from the human right framework to political challenges in Latin America Emilie Dupuits 5. Water in the practice of the United Nations Security Council: trends and new perspectives M. Tignino Part II Sources of international law in the management and protection of fresh water resources 6. The customary law of international watercourses S.C. McCaffrey 7. ‘Glocal’ water management and regional organizations: multi-level law and transjuridicity A. Correia Lima Macedo Franca 8. Diplomacy, responsibility and accountability in transboundary water disputes A. Tanzi 9. Fresh water and energy in international courts and tribunals: hydroelectricity installations on transboundary rivers D. Azaria 10. Settlement of disputes concerning international watercourses L. Caflisch Part III Specific regimes of fresh water resources 11. Fresh water resources and climate change M. Stoffel, Z.W. Kundzewicz and M. Beniston 12. The human right to water and sanitation: challenges and opportunities S.M.A. Salman 13. Transboundary aquifers S. Hawkins and R. Martin-Nagle 14. Responsibility and liability in international law for damage to transboundary fresh water resources O. McIntyre Part IV Beyond international law: the interplay between fresh water and social and environmental sciences 15. Studying international water conflict L. Maertens and G. Pflieger 16. Benefit sharing in international water law: a multi-disciplinary undertaking L. Boisson de Chazournes and C. Leb 17. An institutionalist perspective on the use of international water law: crafting institutions in a multi-level setting T. Bolognesi and C. Bréthaut 18. The role of hydrogeology in fresh water management A. Rivera, A. Dumont and A. Aureli 19. The role of geography in fresh water management M. Milano and E. Reynard 20. The role of ethics in fresh water management: linking the ethic of conviction and the ethic of responsibility E. Fiechter-Widemann Index
£197.00
Edward Elgar Publishing Ltd Ecological Approaches to Environmental Law
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
£361.00
Edward Elgar Publishing Ltd Climate Change, Sustainable Development and
Book SynopsisClimate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.Prior to becoming an academician, the author garnered over fifteen years’ practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.Trade Review‘Technology development and transfer are vital to confronting the climate crisis, but the relationship between cleantech and intellectual property rights has too often been simply asserted or assumed. In this much-needed book, Professor Xiang applies rigorous and evidence-based analysis and advances fresh conclusions and a bold proposal for how to make progress.’ -- Stephen Minas, UNFCCC Technology Executive Committee‘This is a thoughtful, insightful and challenging contribution. It engages deeply and critically with scholarly, empirical and policy contributions from wide geographical bases. Xiang develops a proposal for enabling cleantech development and transfer both globally and locally, moving beyond a focus on transfer to developing countries, and this warrants serious consideration.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: 1. Introduction: A viable pathway for enabling developing countries to attract foreign cleantech and build domestic cleantech innovation 2. Concepts and linkages: Global community, climate change, sustainable development, cleantech PART I INTERNATIONAL CLEANTECH TRANSFER 3. International cleantech transfer examined PART II GLOBAL CLEANTECH DEVELOPMENT 4. Necessity and reality of global cleantech development PART III A SOLUTION 5. A proposal for enabling global cleantech development and international cleantech transfer 6. International aid for building capacities in developing countries for cleantech importation and innovation 7. Mutually beneficial international cleantech collaboration 8. Sustainable domestic cleantech innovation by developing countries 9. Appraisal of the proposal Conclusion – a pathway to global sustainable development, to our shared future Index
£88.00
Edward Elgar Publishing Ltd International Polar Law
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
£324.00
Edward Elgar Publishing Ltd Justice for Future Generations: Climate Change
Book SynopsisThis is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.'- Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, The NetherlandsJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law.Peter Lawrence uses an interdisciplinary approach, involving discourse theory, international relations theory, and philosophical concepts of ethics and justice to inform discussion of international law. Recent political science theories are used to show why the current global climate change treaties are so weak in addressing intergenerational justice concerns. The book draws on contemporary theories of justice to develop a number of principles used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice-ethics argument rests on widely shared values. Moreover, the book is informed by the author's extensive experience in the negotiation of global environmental treaties as an Australian diplomat.With its interdisciplinary approach and focus on intergenerational justice, this detailed study will be of particular interest to academics and policymakers in international environmental law and climate law, as well as to those in international law with an interest in ethics and justice issues.Contents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward - Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography IndexTrade Review‘This book is easy to read and follow, providing a solid foundation for understanding environmental law in an international law context. Justice for Future Generations: Climate Change an International Law is a must have for every law library's environmental law collection. I would also recommend this book to those who care deeply about the environment and sustainability issues for future generations.’ -- Sharon Wang, Canadian Law Library Review‘Human-induced climate change is the most fiendish legal and policy problem ever faced by humanity, and our very survival as a species hinges on whether we respond effectively to it. Those who will feel the most acute effects of climate change will be our future generations. In this groundbreaking work, Peter Lawrence sets out the case for addressing climate change today in order to safeguard the welfare of future generations. Lawrence explains that this is not just an imperative of morality, or of survival, but is in fact a mandate of justice. Drawing on a wide range of philosophical and jurisprudential thinking, Lawrence distils core principles of justice to animate our efforts to mitigate climate change. This is an immensely important work, that will have a significant influence on how societies and governments conceptualise and respond to the climate problem.’ -- Timothy Stephens, University of Sydney, Australia‘Peter Lawrence’s book is an original and intellectually stimulating publication which raises complex questions of intergenerational equity and climate change. Both issues have been discussed separately in several important works but this book brings them together with fascinating results. Unlike many purely philosophical approaches, this monograph offers practical solutions based on the conclusion of a global treaty. Lawrence suggests difficult but workable solutions, based on ethical, legal and economic considerations, such as how a treaty would reconcile the long-term interests of developed and developing countries. Effective international law rules addressing climate change are fundamental for both humanity and global ecology and as Lawrence argues in his important book ‘building agreement on what justice means in this context is an essential part of the task.’ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.’ -- Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, the Netherlands‘Those interested in, or affected by environmental issues (and aren’t; we all?) should seek out this book. Researchers and policy makers in particular will be pleased, not to mention amazed, by the impressive bibliography of over twenty pages with its wealth of useful references.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Peter Lawrence’s Justice for Future Generations: Climate Change and International Law is a welcome and timely addition to the field.’ -- Carbon and Climate Law ReviewTable of ContentsContents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward – Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index
£23.95
Edward Elgar Publishing Ltd Principles of Environmental Law
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
£246.00
Edward Elgar Publishing Ltd Policy Instruments in Environmental Law
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
£223.00
Edward Elgar Publishing Ltd Environmental and Energy Law
Book SynopsisThis Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material. The Research Review discusses articles that cover international dimensions, including principles, substantive areas of regulation and implementation techniques as well as the European dimensions broadly understood, including EU law and other regional approaches (the UNECE) and distinguishing sector-specific and transversal regulation. It also looks at the transnational, comparative and domestic dimensions and major questions arising from selected English-speaking jurisdictions. Edited by two recognised experts in the field, this research review will provide a solid foundation for the study of environmental and energy law.Table of ContentsContents: Volume I Environmental and Energy Law as a Field of Research: A Structural Overview Jorge E. Viñuales and Emma Lees PART I HISTORY, PRINCIPLES, SOURCES AND PROSPECTS 1. Jorge E. Viñuales (2015), ‘The Rio Declaration on Environment and Development: Preliminary Study’ in J. E. Viñuales (ed.), The Rio Declaration on Environment and Development. A Commentary, Chapter 1, New York, NY, USA: Oxford University Press, 1–64 2. Edith Brown Weiss (1984), ‘The Planetary Trust: Conservation and Intergenerational Equity’, Ecology Law Quarterly, 11 (4), March, 495–581 3. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles', in Daniel Bodansky, Jutta Brunnée and Ellen Hey (eds.), Oxford Handbook of International Environmental Law, Chapter 19, New York, NY, USA: Oxford University Press, 449–66 4. Arie Trouwborst (2007), ‘The Precautionary Principles in General International Law: Combating the Babylonian Confusion’, Review of European, Comparative and International Environmental Law, 16 (2), July, 185–95 5. Jutta Brunnée (2002), ‘COPing with Consent: Law-Making Under Multilateral Environmental Agreements’, Leiden Journal of International Law, 15 (1), March, 1–52 6. Adrian J. Bradbrook (1996), ‘Energy Law as an Academic Discipline’, Journal of Energy and Natural Resources Law, 14 (2), May 193–217 7. Francesco Francioni (2012), ‘Realism, Utopia and the Future of International Environment Law’, in Antonio Cassese (ed.), Realizing Utopia: The Future of International Law, Chapter 34, Oxford, UK: Oxford University Press, 442–60 PART II SUBSTANTIVE REGULATION A Hydrosphere: Oceans, Seas and Freshwater 8. Catherine Redgwell (2006), ‘From Permission to Probition: the 1982 Convention on the Law of the Sea and Protection of the Marine Environment’, in David Freestone, Richard Barnes and David Ong (eds), The Law of the Sea: Progress and Prospects, Chapter 10, New York, NY, USA: Oxford University Press, 180–91 9. Laurence Boisson de Chazournes (2009), ‘Freshwater and International Law: The Interplay between Universal, Regional and Basin Perspectives’, The United Nations World Water Development Report 3: Water in a Changing World, Paris, France: UNESCO, 1–10 B Atmosphere: Ozone Depletion and Climate Change 10. Dale S. Bryk (1991), ‘The Montreal Protocol and Recent Developments to Protect the Ozone Layer’, Harvard Environmental Law Review, 15 (1), 275–98 11. Daniel Bodanksy (2016), ‘The Paris Climate Change Agreement: A New Hope?’, American Journal of International Law, 110 (2), April, 288–319 C Biosphere: Species, Spaces and Biodiversity 12. Michael Bowman, Peter Davies and Catherine Redgwell (2010), ‘The Historical Evolution of International Wildlife Law’, in Lyster’s International Wildlife Law, Chapter 1, Cambridge, UK: Cambridge University Press, 3–23 13. Elisa Morgera and Elsa Tsioumani (2010), ‘Yesterday, Today, and Tomorrow: Looking Afresh at the Convention on Biological Diversity’, Yearbook of International Environmental Law, 21 (1), 3–40 D Dangerous Substances and Activities 14. Katherine Kumer Peiry (2014), ‘The Chemicals and Waste Regime as a Basis for a Comprehensive International Framework on Sustainable Management of Potentially Hazardous Materials?’, Review of European, Comparative and International Environmental Law, Special Issue: International and European Chemicals Regulation, 23 (2), July, 172–80 15. Peter L. Lallas (2001), ‘The Stockholm Convention on Persistent Organic Pollutants’, American Journal of International Law, 95 (3), July, 692–708 E Energy: Fossil, Nuclear and Renewable 16. Catherine Redgwell (2007), ‘International Regulation of Energy Activities’, in Martha Roggenkamp, Catherine Redgwell, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 2, New York, NY, USA: Oxford University Press, 13–144 17. David M. Ong (1999), ‘Joint Development of Common Offshore Oil and Gas Deposits: “Mere” State Practice or Customary International Law?’, American Journal of International Law, 93 (4), October, 771–804 18. Günther Handl (2003), ‘The IAEA Nuclear Safety Conventions: An Example of Successful “Treaty Management”?’, Nuclear Law Bulletin, 72, 7–27 19. Stuart Bruce (2013), ‘International Law and Renewable Energy: Facilitating Sustainable Energy for All?’, Melbourne Journal of International Law, 14 (1), June, 18–53 PART III IMPLEMENTATION 20. Lavanya Rajamani (2013), ‘Differentiation in the Emerging Climate Change Regime’, Theoretical Inquiries in Law, 14 (1), January, 151–71 21. Xue Hanquin (2003), ‘Introduction’, in Transboundary Damage in International Law, Chapter 1, New York, NY, USA: Cambridge University Press, 1–16 22. Malgosia Fitzmaurice (2013), ‘The International Court of Justice and International Environmental Law’, in Christian J. Tams and James Sloan (eds), The Development of International Law by the International Court of Justice, Chapter 12, New York, NY, USA: Oxford University Press, 353–74 PART IV MAJOR DEBATES AND APPROACHES 23. Jorge E. Viñuales (2013), ‘The Rise and Fall of Sustainable Development’, Review of European, Comparative and International Environmental Law, 22 (1), April, 3–13 24. Alan Boyle (2012), ‘Human Rights and the Environment: Where Next?’, European Journal of International Law, 23 (3), August, 613–42 25. Michael Bothe, Carl Bruch, 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 26. Mark Wu and James Salzman (2014), ‘The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy’, Northwestern University Law Review, 108 (2), 401–74 27. Jorge E. Viñuales (2009/2010), ‘Foreign Investment and the Environment in International Law: An Ambiguous Relationship’, British Yearbook of International Law, 80 (1), 244–332 Volume II An introduction by the editors appears in Volume I PART I COMPETENCE AND PRINCIPLES 1. Hans Vedder (2010), ‘The Treaty of Lisbon and European Environmental Law and Policy’, Journal of Environmental Law, 22 (2), 285–99 2. Angus Johnston and Eva van der Marel (2013), ‘Ad Lucem? Interpreting the New EU Energy Provision, and in particular the Meaning of Article 194(2) TFEU’, European Energy and Environmental Law Review, 22 (5), October, 181–99 3. Nicolas De Sadeleer (2009), ‘The Precautionary Principle as a Device for Greater Environmental Protection: Lessons from EC Courts’, Review of European, Comparative and International Environmental Law, 18 (1), April, 3-10 4. Astrid Epiney (2006), ‘Environmental Principles’, in Richard Macrory (ed), Reflections on 30 Years of EU Environmental Law: a High Level of Protection, Groningen, the Netherlands: Europa Law Publishing, 17–39 5. Wiek Schrage, Keith Bull and Albena Karadjova (2007), ‘Environmental Legal Instruments in the UNECE Region’, Yearbook of International Environmental Law, 18 (1), 3–31 PART II SECTOR SPECIFIC REGULATION A Water 6. William Howarth (2009), ‘Aspirations and Realities under the Water Framework Directive: Proceduralisation, Participation and Practicalities’, Journal of Environmental Law, 21 (3), 391–417 7. Henrik Josefsson and Lasse Baaner (2011), ‘The Water Framework Directive – A Directive for the Twenty-First Century?’, Journal of Environmental Law, 23 (3), November, 463–86 8. Attila Tanzi (2010), ‘Reducing the Gap between International Water Law and Human Rights Law: the UNECE Protocol on Water and Health’, International Community Law Review, 12 (3), 267–85 B Conservation 9. Ludwig Krämer (2015), ‘Implementation and Enforcement of the Habitats Directive’, in Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne and Geert Van Hoorick (eds), The Habitats Directive in its EU Environmental Law Context: European Nature’s Best Hope, Chapter 13, Abingdon, UK and New York, NY, USA: Routledge, 229–44 10. Carolina Lasén Díaz (2010), ‘The Bern Convention: 30 Years of Nature Conservation in Europe’, Review of European, Comparative and International Environmental Law, 19 (2), July, 185–96 C Chemicals and Waste 11. Elen Stokes and Steven Vaughan (2013), ‘Great Expectations: Reviewing 50 Years of Chemicals Legislation in the EU’, Journal of Environmental Law, Special Issue: ‘Environmental Law: Looking Backwards, Looking Forwards’, 25 (3), November, 411–35 12. Eloise Scotford (2007), ‘Trash or Treasure: Policy Tensions in EC Waste Regulation’, Journal of Environmental Law, 19 (3), 367–88 13. Hazel Ann Nash (2009), ‘The Revised Directive on Waste: Resolving Legislative Tensions in Waste Management?’, Journal of Environmental Law, 21 (1), 139–49 D Air Quality 14. Mark Wilde (2010), ‘The New Directive on Ambient Air Quality and Cleaner Air for Europe’, Environmental Law Review, 12 (4), 282–90 E Climate Change 15. Gerd Winter (2010), ‘The Climate is No Commodity: Taking Stock of the Emissions Trading System’, Journal of Environmental Law, 22 (1), 1–25 16. Josephine A. W. van Zeben (2009), ‘The European Emissions Trading Scheme Case Law’, Review of European, Comparative and International Environmental Law, 18 (2), July, 119–28 F Energy 17. Leigh Hancher, Piet Jan Slot, Bram Delvaux and Geert van Calster (2007), ‘EU Energy Law’, in Martha Roggenkamp, Catherine Redgwell, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 6, New York, NY, USA: Oxford University Press, 225–392 18. Kim Talus (2013), ‘From State to Market and Back’, in EU Energy Law and Policy: A Critical Account, Chapter 7, New York, NY, USA: Oxford University Press, 269–86 19. Sirja–Leena Penttinen and Kim Talus (2015), ‘Development of Sustainability Aspects in EU Energy Law’, in Geert Van Calster, Wim Vandenberghe and Leonie Reins (eds), Research Handbook in Climate Change Mitigation Law, Chapter 2, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 33–50 20. Sanja Bogojević (2009), ‘Ending the Honeymoon: Deconstructing Emissions Trading Discourses’, Journal of Environmental Law, 21 (3), 443–68 PART III TRANSVERSAL REGULATION A Access to Information 21. Ludwig Krämer (2015), ‘The Aarhus Convention and the European Union’ in Charles Banner (ed.), The Aarhus Convention: A Guide for UK Lawyers, Chapter 5, Abingdon, UK: Hart Publishing, 79–95 B Environmental Impact Assessment 22. Ludwig Krämer (2007), ‘The Development of Environmental Assessments at the Level of the European Union’, in Jane Holder and Donald McGillivray (eds), Taking Stock of Environmental Assessment. Law, Policy and Practice, Chapter 5, Abingdon, UK and New York, NY, USA: Routledge, 131–48 23. Simon Marsden (2011), ‘The Espoo Convention and Strategic Environmental Assessment Protocol in the European Union: Implementation, Compliance, Enforcement and Reform’, Review of European, Comparative and International Environmental Law, 20 (3), November, 267–76 C Taxation 24. Kurt Deketelaere (1999), ‘The Use of Fiscal Instruments in European Environmental Policy: Review Essay’, Energy and Environment, 10 (2), 181–207 25. David A. Weisbach (2012), ‘Carbon Taxation in the EU: Expanding the EU Carbon Price’, Journal of Environmental Law, 24 (2), July, 183–206 D Liability 26. Edward Brans (2013), ‘Fundamentals of Liability for Environmental Harm in the ELD’, in Lucas Bergkamp and Barbara J. Goldsmith (eds), The EU Environmental Liability Directive: A Commentary, Chapter 2, Oxford, UK: Oxford University Press, 31–50 27. Gerd Winter, Jan H. Jans, Richard Macrory and Ludwig Krämer (2008), ‘Weighing up the EC Environmental Liability Directive’, Journal of Environmental Law, 20 (2), 163–91 28. Maria Lee (2009), ‘”New” Environmental Liabilities: The Purpose and Scope of the Contaminated Land Regime and the Environmental Liability Directive’, Environmental Law Review, 11 (4), December, 264–78 E Enforcement and the Role of the Courts 29. Elizabeth Fisher (2001), ‘Is the Precautionary Principle Justiciable?’, Journal of Environmental Law, 13 (3), 315–34 30. Emma Lees (2015), ‘Identification of the Cause of Uncertainty: The Regulatory Culture’ in Interpreting Environmental Offences: The Need for Certainty, Chapter 6, Oxford, UK and Portland, Oregon, USA: Hart Publishing, 103–38 31. Simon Marsden (2011), ‘Invoking Direct Application and Effect of International Treaties by the European Court of Justice: Implications for International Environmental Law in the European Union’, International and Comparative Law Quarterly, 60 (3), July, 737–57 32. Kim Talus (2007), ‘Role of the European Court of Justice in the Opening of Energy Markets’, ERA Forum, 8 (3), September, 435–48 PART VI DEBATES AND APPROACHES 33. Helle Tegner Anker, Kars de Graaf, Ray Purdy and Lorenzo Squintani (2015), ‘Coping with EU Environmental Legislation – Transposition Principles and Practices’, Journal of Environmental Law, 27 (1), March, 17–44 34. Joanne Scott (2009), ‘From Brussels with Love: The Transatlantic Travels of European Law and the Chemistry of Regulatory Attraction’, American Journal of Comparative Law, 57 (4), Fall, 897–942 35. Sebastian Mielke (2013), ‘Regulating in Thin Air: Nanotechnology Regulation in the European Union’, Review of European, Comparative and International Environmental Law, Special Issue: Global and European Regulation of Nanotechnologies, 22 (2), July, 146–54 Volume III An introduction by the editors appears in Volume I PART I TRANSNATIONAL DIMENSIONS 1. Veerle Heyvaert (2013), ‘Regulatory Competition – Accounting for the Transnational Dimension of Environmental Regulation’, Journal of Environmental Law, 25 (1), March, 1–31 2. Kim Talus, Scott Looper and Steven Otillar (2012), ‘Lex Petrolea and Internationalisation of Petroleum Agreements: Focus on Host Government Contracts’, Journal of World Energy Law and Business, 5 (3), September, 181–93 PART II COMPARATIVE DIMENSIONS 3. Nicholas A. Robinson (1992), ‘International Trends in Environmental Impact Assessment’, Boston College Environmental Affairs Law Review, 19 (3), 591–621 4. Ben Boer (1999), ‘The Rise of Environmental Law in The Asian Region’, University of Richmond Law Review, 32, 1503–53 5. Michiel A. Heldeweg, Rene J. G. H. Seerden and Kurt R. Deketelaere (2004), ‘Public Environmental Law in Europe: A Comparative Search for a IUS Commune’, European Environmental Law Review, 13 (3), March, 78–89 6. Lord Justice Carnwath (2004), ‘Judicial Protection of the Environment: At Home and Abroad’, Journal of Environmental Law, 16 (3), 315–27 7. Helle Tegner Anker, Ole Kristian Fauchald, Annika Nilsson and Leila Suvantola (2009), ‘The Role of Courts in Environmental Law – A Nordic Comparative Study’, Nordic Environmental Law Journal, 23 (3), 9–33 8. Neil Gunningham (2011), ‘Enforcing Environmental Regulation’, Journal of Environmental Law, 23 (2), July, 169–201 9. Emma Lees (2016), ‘The Polluter Pays Principle and the Remediation of the Land’, International Journal of Law in the Built Environment, 8 (1), 2–20 10. Richard L. Ottinger (2006), ‘Legal Frameworks for Energy for Sustainable Development’, in Adrian J. Bradbrook, Rosemary Lyster, Richard L. Ottinger and Wang Xi (eds), The Law of Energy for Sustainable Development, Chapter 7, New York, NY, USA: Cambridge University Press, 103–23 11. Catherine Redgwell, Martha Roggenkamp, Anita Rønne and Iñigo del Guayo (2007), ‘Energy Law in Europe: Comparisons and Conclusions’, in Catherine Redgwell, Martha Roggenkamp, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 16, New York, NY, USA: Oxford University Press, 1265–358 PART III NATIONAL PERSPECTIVES (SELECTED QUESTIONS) 12. Ben Boer (1992), ‘World Heritage Disputes in Australia’, Journal of Environmental Law and Litigation, 7, 247–79 13. Jan Glazewski (1999), ‘Environmental Justice and the New South African Democratic Legal Order’, Acta Juridica, 1–35 14. M. K. Ramesh (2002), ‘Environmental Justice: Courts and Beyond’, Indian Journal of Environmental Law, 3 (1), June, 20–37 15. Richard Macrory (2008), ‘New Approaches to Regulatory Sanctions’, Environmental Law and Management, 20, 210–14 16. Colin T. Reid (2011), ‘The Privatisation of Biodiversity? Possible New Approaches to Nature Conservation Law in the UK’, Journal of Environmental Law, 23 (2), July, 203–31 17. Richard Lazarus (2012), ‘The National Environmental Policy Act in the U.S. Supreme Court: A Reappraisal and A Peek Behind the Curtains’, Georgetown Law Journal, 100, 1507–86 18. Gerd Winter (2013), ‘The Rise and Fall of Nuclear Energy Use in Germany: Processes, Explanations and the Role of Law’, Journal of Environmental Law, 25 (1), March, 95–124 19. Alex L. Wang (2013), ‘The Search for Sustainable Legitimacy: Environmental Law and Bureaucracy in China’, Harvard Environmental Law Review, 37, 365–440 PART VI DEBATES AND APPROACHES 20. Richard B. Stewart (1992), ‘Environmental Regulation and International Competitiveness’, Yale Law Journal, 102 (8), 2039–106 21. Peter Cane (2001), ‘Are Environmental Harms Special?’, Journal of Environmental Law, 13 (1), 3–20 22. Jody Freeman and Daniel A. Farber (2005), ‘Modular Environmental Regulation’, Duke Law Journal, 54 (4), February, 795–902 23. Elizabeth Fisher, Bettina Lange, Eloise Scotford and Cinnamon Carlarne (2009), ‘Maturity and Methodology: Starting a Debate about Environmental Law Scholarship’, Journal of Environmental Law, 21 (2), 213–50 24. Ole W. Pederson (2013), ‘Modest Pragmatic Lessons for a Diverse and Incoherent Environmental Law’, Oxford Journal of Legal Studies, 33 (1), Spring, 103–31 Index
£903.00
Edward Elgar Publishing Ltd Charting the Water Regulatory Future: Issues,
Book Synopsis'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.'- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.'- Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’– Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’– Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’ – Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’– Alan Randall, The Ohio State University, US and University of Sydney, Australia‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’– Darryl Jarvis, Hong Kong Institute of Education‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’– Tsai-yu Lin, National Taiwan University‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.'– Chinese Journal of Environmental Lawers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations.Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. TurriniTrade Review‘Chaisse and the various contributors to this book have made a timely addition to the water regulation discourse. They have produced a valuable resource for policy-makers who must resolve increasingly complex water regulation issues across a range of different contexts. It is also valuable to people at all other levels of society who are looking for something they can do either individually or as a community to move toward a positive water regulatory future.’ -- Heidi White, University of Tasmania Law Review‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’ -- Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’ -- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’ -- Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’ -- Alan Randall, The Ohio State University, US and University of Sydney, Australia‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’ -- Darryl Jarvis, Hong Kong Institute of Education‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’ -- Tsai-yu Lin, National Taiwan University‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.' -- Chinese Journal of Environmental LawTable of ContentsContents: Foreword: Ben Boer 1. Introduction Julien Chaisse PART I THE WATER CHALLENGE TO PUBLIC INTERNATIONAL LAW 2. Promoting Global Water-use Efficiency – Promises and Shortcomings of International Trade Rules Manzoor Ahmad 3. The Trade in Water Services – How Does GATS Apply to the Water and Sanitation Services Sector? Rebecca Bates 4. Virtual Water: A Global Economic Solution to a Local Environmental and Political Problem Paolo Turrini 5. Foreign Investment in Water – Privatization, Globalisation and the Law Julien Chaisse 6. The Right of the Host State to Regulate Water Services Catharine Titi 7. Regulation and Protection of Water in International Law: Terrestrial and Marine Perspectives Virginie J.M. Tassin PART II ETHICAL, LEGAL, AND SOCIAL ISSUES 8. Is Investment Arbitration inimical to the Human Right to Water? The Re-examination of Arbitral Decisions on Water Services Miharu Hirano and Shotaro Hamamoto 9. The Provision and Violation of Water Rights (The Case of Pakistan) – A Human Rights Based Approach Sikander Ahmed Shah 10. The Human Right to Clean Water and Sanitation - A Perspective from Nigeria Cosmas Emeziem 11. Troubled Waters: Impact of the Private Sector in Implementing the Right to Water Preetha Mahadevan 12. Sanitation Rights, Public Law Litigation, and Inequality – A Case Study from Brazil Ana Paula de Barcellos PART III ECONOMIC DRIVERS SHAPING THE FUTURE OF WATER 13. Demand for Infrastructure Investment for Water Services – Key Features and Assessment Methods Sacchidananda Mukherjee and Debashis Charkraborty 14. Residential Water Charges in Ireland – Policy Objectives and Funding Models Thomas McDonnell 15. The Role of Multinationals in Providing Water Services – Are they More Efficient? Tihomir Ancev, Samad Azad and Francesc Hernandez-Sancho 16. Microfinance in Water and Sanitation Services – Identifying Best Practices Jonatan A. Lassa and Allen Yu-Hung Lai Index
£138.00
Edward Elgar Publishing Ltd International Environmental Law: Text, Cases and
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
£156.00
Edward Elgar Publishing Ltd International Environmental Law: Text, Cases and
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
£44.60
Edward Elgar Publishing Ltd Research Handbook on International Water Law
Book SynopsisThe Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption.Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field.This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. ZiganshinaTrade Review‘This book is a timely addition to the discourse on transboundary water management and is an excellent collection of interrelated papers written by academics and practitioners exploring and analysing international water law from diverse perspectives. In the range of topics that this compilation covers, it is a definitive guide to the rapidly growing areas of concern of international water resource allocation, water management and dispute resolution.’ -- Roopa Madhav, LEAD: Law, Environment and Development JournalTable of ContentsContents: Preface Foreword by Stephen M. Schwebel Introduction Stephen C. McCaffrey, Christina Leb and Riley T. Denoon Part I Evolution of International Water Law 1. From Treaty Practice to the UN Watercourses Convention Alistair Rieu-Clarke 2. The Work of International Legal Expert Bodies Joseph W. Dellapenna 3. The Global Water Treaties and their Relationship Attila Tanzi 4. Inter-Jurisdictional Water Allocation in Federal Systems: Lessons for International Water Law Rhett Larson and A. Dan Tarlock Part II General Principles and Key Obligations of International Water Law 5. Intertwined General Principles Stephen C. McCaffrey 6. Implementation of the General Duty to Cooperate Christina Leb 7. Prior Notice and Related Issues Lucius Caflisch 8. Environmental Protection and the Ecosystem Approach Owen McIntyre 9. The application of the general principles and key obligations to internationally shared groundwater María Milanés-Murcia Part III International Water Law and its Relation With Other Areas of Law 10. Water and Multilateral Environmental Agreements: An Incomplete Jigsaw Puzzle Daniel Barstow Magraw and Patsorn Udomritthiruj 11. International Water Law and Climate Disruption A. Dan Tarlock 12. Water and International Trade Law Daniel Barstow Magraw and Deepika Padmanabhan 13. Water in International Humanitarian Law Mara Tignino Part IV Human Right to Water and Vital Human Water Needs 14. The Human Right to Water Inga T. Winkler 15. The Human Right to Water in a Transboundary Context Anna F.S. Russell 16. The UNECE Protocol on Water and Health for the Implementation of the Right to Drinking Water and Sanitation Attilla Tanzi and Gian Maria Farnelli Part V Dispute Settlement and Compliance 17. The Permanent Court of International Justice, The International Court of Justice and international water law: Versatility in Consistency Laurence Boisson de Chazournes 18. The Role of Scientific and Technical Experts Cicely O. Parseghian and Benjamin K. Guthrie 19. The Implementation Mechanism and Committee Established Under the UNECE Convention on the Protection of Transboundary Watercourses and International Lakes Johan G. Lammers Part VI Regional Approaches 20. Creating Basin Mechanisms in Southern Africa Richard K. Paisley and Maaria Curlier 21. West African Approaches to International Law and Treaty Practice Makane Moïse Mbengue and Nwamaka Odili 22. The Nile Basin: Changing Legal Contours Salman M.A. Salman 23. Europe: International Water Law and the EU Water Framework Directive Götz Reichert 24. Central Asia: the Aral Sea Basin Dinara R. Ziganshina 25. South Asian Water Treaty Practice: An Overview Kishor Uprety 26. China’s International Water Relations Yu Su 27. Transboundary Water Cooperation between the Russian Federation and the Neighboring States: Legal and Institutional Frameworks Sergei Vinogradov and Patricia Wouters 28. A Panoptic View of International Water Law in Latin America Lilian del Castillo Laborde 29. A Long History of Cooperation between Canada and the United States on Boundary Waters Richard K. Paisley Index
£222.00
Edward Elgar Publishing Ltd Energy, Governance and Sustainability
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
£121.00
Edward Elgar Publishing Ltd Water Resource Management and the Law
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
£133.00
Edward Elgar Publishing Ltd Research Handbook on Climate Disaster Law:
Book SynopsisClimate change has thrust us into a ''no-analog'' future in which climate disasters threaten to cause extraordinary damage, with little precedent to guide policymakers and private actors. Addressing such risks requires a firm grounding in disaster risk reduction, climate change policy, and environmental law. This Research Handbook provides readers with that integrated foundation, investigating topics in international law as well as domestic programs from countries around the world. Because climate disasters affect both government and non-government actors, the Research Handbook covers issues of both public and private law. We know from the scientific literature and recent experience that the laws addressing natural disasters are insufficient to confront disasters amplified by climate change. The Research Handbook acknowledges that the majority of disasters are susceptible in some way to changes in the earth's climate and explores the barriers to, and opportunities for, finding legal solutions to the risks posed by such disasters. It shows that climate change must be considered in order to fully understand disaster risk and the respective legal and policy responses.The Research Handbook also emphasizes the moral responsibility we have to move as quickly as possible to create a carbon-free economy.This work will be of great appeal to legal scholars, practitioners, and policymakers who are interested in environmental law or climate change as it relates to international and domestic law and policy.Contributors include: C.A. Arnold, C. Bakker, M. Burkett, S. Donald, J.D. Echeverria, D.A. Farber, M. Faure, M.B. Gerrard, Q. He, R. Kundis Craig, S. Kuo, D.A. Kysar, R. Lyster, T. Parejo-Navajas, J. Peel, L. Rajamani, S. Shapiro, T. Stephens, L.G. Sun, K. Tracy, R.R.M. Verchick, J. VerschuurenTrade Review'As the global community struggles to reduce emissions to avoid the worst impacts of human induced climate change, climate disaster law is emerging as a new area of climate law that demands the attention of academics, policymakers and practicing lawyers alike. This book offers critical insights on the key climate issues we will have to contend with in years to come; the scale of which will largely depend on our collective effort to mitigate those issues today!' --Meinhard Doelle, Dalhousie University, CanadaTable of ContentsContents: Introduction to the Research Handbook on Climate Disaster Law Rosemary Lyster and Robert R. M. Verchick PART I INTERNATIONAL LAW AND CLIMATE DISASTERS 1. Wishful Thinking? The Governance of Climate Change-Related Disasters in the Anthropocene Tim Stephens 2. The Principle of Common But Differentiated Responsibilities and Respective Capabilities In the International Climate Change Regime Lavanya Rajamani 3. The Evolving Nature of Sovereignty in the Context of Climate Change Christine Bakker 4. International Environmental Law and Climate Disasters Jacqueline Peel 5. Climate-induced displacement and climate disaster law: Barriers and Opportunities Rosemary Lyster and Maxine Burkett PART II PUBLIC LAW AND CLIMATE DISASTERS 6. Governance Principles and Climate Disasters: Constitutional and Administrative Law Issues Daniel A. Farber 7. Disaster Law and Order Lisa Grow Sun 8. Occupational Health and Safety Law Sidney Shapiro and Katherine Tracy PART III ENVIRONMENTAL LAW AND CLIMATE DISASTERS 9. Adaptive Law Craig Anthony (Tony) Arnold 10. Planning for Climate Change Disaster Robert R. M. Verchick 11. Building and Construction Law Teresa Parejo-Navajas and Michael B. Gerrard 12. The Uneasy Case for Disaster Buyouts Susan S. Kuo 13. Water Law and Climate Disasters Robin Kundis Craig 14. Protecting the Power Grid from Climate Disasters Rosemary Lyster and Robert R. M. Verchick 15. The Law of the Polar Bear John Copeland Nagle 16. Agriculture, Climate disasters, and the Law Jonathan Verschuuren PART IV PRIVATE LAW AND CLIMATE DISASTERS 17. Tort Law and Normative Rupture R. Henry Weaver and Douglas A. Kysar 18. Climate Change and Property Law John D. Echeverria 19. Private Law and Climate Disasters: Insurance Law Michael Faure and Qihao He 20. Climate Change and Fiduciary Investors: Weathering a Disaster Scenario M. Scott Donald Index
£202.00
Edward Elgar Publishing Ltd The Crisis in Global Ethics and the Future of
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
£111.00
Edward Elgar Publishing Ltd Sustainable Development and International
Book SynopsisAt the time of the 1972 Stockholm UN Conference on the Human Environment, the concept of sustainable development and the subject of international environmental law were virtually unknown. Since then, the importance of the subject has burgeoned, as has the number and complexity of the legal instruments that seek to address the threats posed to the planet by humankind. Deforestation, marine pollution, climate change, loss of biodiversity and similar concerns are now familiar - and still unresolved - problems. This research review discusses a selection of key articles on the seminal issues of sustainable development and international environmental law, providing the reader with a solid understanding of the breadth and texture of the legal issues involved.Trade Review‘David Freestone has compiled a first-rate collection of classic essays that probe the profound effects that two ideas - “sustainable development” and “international environmental law” - have had upon the field of international law over the past forty years. This compendium serves as a timely reminder of our past, as we look to solve some of the most critical problems of our future.’Table of ContentsContents: Acknowledgements Introduction David Freestone PART I ORIGINS 1. Jutta Brunnée (2009), ‘The Stockholm Declaration and the Structure and Processes of International Environmental Law’, in Aldo Chircop, Ted L. McDorman and Susan J. Rolston (eds), The Future of Ocean Regime-Building: Essays in Tribute to Douglas M. Johnston, Part II, Leiden, the Netherlands: Koninklijke Brill NV, 41–62 2. Hans Christian Bugge (2008), ’1987–2007: “Our Common Future” Revisited’, in Hans Christian Bugge and Christina Voigt (eds), Sustainable Development in International and National Law: What did the Brundtland Report do to Legal Thinking and Legal Development, and Where can we go From Here?, Part I, Chapter I.I, Groningen, the Netherlands: Europa Law Publishing, 1, 3–21 3. Günther Handl (1995), ‘Sustainable Development: General Rules versus Specific Obligations’, in Winfried Lang (ed.), Sustainable Development and International Law, Part Two, Chapter 4, London, UK: Graham & Trotman Ltd, 35–43 4. David Freestone (1994), ‘The Road from Rio: International Environmental Law after the Earth Summit’, Journal of Environmental Law, 6 (2), January, 193–218 5. Alan Boyle and David Freestone (1999), ‘Introduction’, in International Law and Sustainable Development: Past Achievements and Future Challenges, Chapter 1, New York, NY, USA: Oxford University Press, 1–18 6. Davor Vidas, Jan Zalasiewicz and Mark Williams (2014), ‘What Is the Anthropocene – and Why Is It Relevant for International Law?’, Yearbook of International Environmental Law, 25 (1), 3–23 PART II LAW MAKING 7. Ian Brownlie (1973), ‘A Survey of International Customary Rules of Environmental Protection’, Natural Resources Journal, 13 (2), April, 179–89 8. Geoffrey Palmer (1992), ‘New Ways to Make International Environmental Law’, American Journal of International Law, 86 (2), April, 259–83 9. Daniel Bodansky (1995), ‘Customary (and Not So Customary) International Environmental Law’, Global Legal Studies Journal, Symposium: International Environmental Law and Agencies: The Next Generation, 3 (1), Fall, 105–19 10. A. E. Boyle (1999), ‘Some Reflections on the Relationship of Treaties and Soft Law’, International and Comparative Law Quarterly, 48 (4), October, 901–13 PART III PRINCIPLES 11. Edith Brown Weiss (1990), ‘Our Rights and Obligations to Future Generations for the Environment’, American Journal of International Law, 84 (1), January, 198–207 12. David Freestone (1991), ‘The Precautionary Principle’, in Robin Churchill and David Freestone (eds), International Law and Global Climate Change, Chapter 2, London, UK: Graham and Trotman Ltd, 21–39, references 13. Duncan French (2000), ‘Developing States and International Environmental Law: The Importance of Differentiated Responsibilities’, International and Comparative Law Quarterly, 49 (1), January, 35–60 PART IV INSTITUTIONS 14. Daniel C. Esty (1994), ‘The Case for a Global Environmental Organization’, in Peter B. Kenen (ed.), Managing the World Economy: Fifty Years After Bretton Woods, Part III, Chapter 7, Washington, DC, USA: Institute for International Economics, 287–309 15. Peter H. Sand (1999), ‘Carrots without Sticks? New Financial Mechanisms for Global Environmental Agreements’, Max Planck Yearbook of United Nations Law, 3, September, 363–88 PART V HUMAN RIGHTS 16. Dinah Shelton (1991), ‘Human Rights, Environmental Rights, and the Right to Environment’, Stanford Journal of International Law, 28, 103–38 17. Jane McAdam (2011), ‘Swimming against the Tide: Why a Climate Change Displacement Treaty is Not the Answer’, International Journal of Refugee Law, 23 (1), March, 2–27 18. Alan Boyle (2012), ‘Human Rights and the Environment: Where Next?’, European Journal of International Law, 23 (3), August, 613–42 19. Dinah Shelton (2015), ‘Whiplash and Backlash – Reflections on a Human Rights Approach to Environmental Protection’, Santa Clara Journal of International Law, 13 (1), 11–29 PART VI CONSERVATION OF NATURE 20. Cyril De Klemm (1989), ‘Migratory Species in International Law’, Natural Resources Journal, 29 (4), Fall, 935–78 21. Daniel M. Bodansky (1995), ‘International Law and the Protection of Biological Diversity’, Vanderbilt Journal of Transnational Law, 28, 623–34 22. Elisa Morgera and Elsa Tsioumani (2010), ‘Yesterday, Today, and Tomorrow: Looking Afresh at the Convention on Biological Diversity’, Yearbook of International Environmental Law, 21 (1), 3–40 23. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European, Comparative and International Environmental Law, Special Issue: Focus on CITES+40, 22 (3), November, 251–63 PART VII ATMOSPHERE 24. David D. Caron (1991), ‘Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Lawmaking’, Hastings International and Comparative Law Review, 14, 755–80 25. F. Sherwood Rowland (2001), ‘Atmospheric Changes Caused by Human Activities: From Science to Regulation’, Ecology Law Quarterly, 27 (4), January, 1261–93 26. David Freestone (2016), ‘The United Nations Framework Convention on Climate Change – The Basis for the Climate Change Regime’, in Cinnamon P. Carlane, Kevin R. Gray and Richard Tarasofsky (eds), The Oxford Handbook of International Climate Change Law, Part II, Chapter 5, New York, NY, USA: Oxford University Press, 97–119 27. Daniel Bodansky (2016), ‘The Legal Character of the Paris Agreement’, Review of European, Comparative and International Environmental Law, Special Issue: The Paris Agreement, 25 (2), July, 142–50 PART VIII OCEANS 28. Alan E. Boyle (1985), ‘Marine Pollution under the Law of the Sea Convention’, American Journal of International Law, 79 (2), April, 347–72 29. David Freestone and Zen Makuch (1996), ‘The New International Environmental Law of Fisheries: The 1995 United Nations Straddling Stocks Agreement’, Yearbook of International Environmental Law, 7 (1), 3–51 30. Ellen Hey (2011), ‘The Interplay between Multilateral Environmental and Fisheries Law: A Struggle to Sustainably Regulate Economic Activity – Including A Case Study of The North Sea’, Japanese Yearbook of International Law, 54, 190–217 31. Kristina M. Gjerde (2012), ‘Challenges to Protecting the Marine Environment beyond National Jurisdiction’, International Journal of Marine and Coastal Law, 27 (4), 839–47 PART IX HAZARDOUS SUBSTANCES 32. Alexandre Kiss (1991), ‘The International Control of Transboundary Movement of Hazardous Waste’, Texas International Law Journal, 26, 521–39 33. Noelle Eckley Selin and Henrik Selin (2006), ‘Global Politics of Mercury Pollution: The Need for Multi-Scale Governance’, Review of European Community and International Environmental Law, 15 (3), November, 258–69 PART X SPECIFIC REGIMES 34. Steve Charnovitz (2007), ‘The WTO’s Environmental Progress’, Journal of International Economic Law, 10 (3), September, 685–706 35. Gregory Rose and Ben Milligan (2009), ‘Law for the Management of Antarctic Marine Living Resources: From Normative Conflicts towards Integrated Governance?’, Yearbook of International Environmental Law, 20 (1), 41–87 36. Ben Boer and Ian Hannam (2015), ‘Developing a Global Soil Regime’, International Journal of Rural Law and Policy, Special Edition: Soil Governance, 1, 1–13 37. Salman M. A. Salman (2015), ‘Entry into Force of the UN Watercourses Convention: Why Should it Matter?’, International Journal of Water Resources Development, 31 (1), 4–16 PART XI COMPLIANCE AND JUDICIAL SETTLEMENT 38. Günther Handl (1997), ‘Compliance Control Mechanisms and International Environmental Obligations’, Tulane Journal of International and Comparative Law, 5, Spring, 29–49 39. Alan Boyle and James Harrison (2013), ‘Judicial Settlement of International Environmental Disputes: Current Problems’, Journal of International Dispute Settlement, 4 (2), July, 245–76 Index
£348.00
Edward Elgar Publishing Ltd The Concept of Climate Migration: Advocacy and
Book Synopsis'In this important book, Benoît Mayer forces us to confront the implications of labelling in the climate migration context, and skillfully leverages this debate to shine a light on broader questions of the evolving role of global governance. His forthright analysis is both refreshing and appropriately challenging.'- James C. Hathaway, University of Michigan Law School'The discussion on the legal aspects of climate migration is often limited to the issue of the legal status. Yet the debate extends way further, and Mayer offers a much-needed broader look at the different dimensions of this concept, their legal implications and political caveats.'- François Gemenne, University of Liège, Belgium, and Sciences Po, FrancePolitical narratives on climate or environmental migration have been deployed in support of policy arguments relating to humanitarian assistance, migration, and climate change, or to promote national security or economic interests. But while climate change certainly has various impacts on human mobility, it does not appear to create distinct ''climate migrants'' or (in general) unprecedented migration scenarios. In this timely book, Benoit Mayer offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration.The Concept of Climate Migration identifies the essential narratives around climate migration - the humanitarian narrative, the migration narrative and the climate change narrative - and assesses their prospects. It argues that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. Throughout the discussion, it appears that the weaknesses of the concept of "climate migration" are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.This discerning book explores new paradoxes in political advocacy and relates them to some of the greatest challenges to contemporary global governance. It will be of great interest to researchers and postgraduate students interested in climate migration, climate change and the law, or anyone involved in advocacy around these important issues.Trade Review'The book addresses the very timely and controversial concept of climate migrants. With great skill and thoroughness, Mayer discloses the ambivalence that lies in this concept: It may foster desirable developments as well as undesirable ones, depending on the way it is being used in political advocacy. The danger is that the concept of climate migrants could heighten the general anxiety about climate change and be detrimental to causes such as human rights protection and climate change responsibility. Yet, it could facilitate stronger international cooperation, international assistance and solidarity. (The concept of ''climate migrants'' carries with it an understanding of complex, global interdependence and arguments for states to not ignore the protection of vulnerable peoples outside their jurisdiction. Moreover, the concept might also contribute to a greater understanding of states' responsibility under international law to drastically reduce their excessive greenhouse gas emissions.)All in all, the book sheds light on one of the major challenges that today's system of global governance faces: the inertia to address collective issues in a cooperative and effective manner. The solution to this challenge may lie beyond the scope of this book, but it certainly is an important step in analysing the underlying legal and political dimensions and constrains to providing such solution.' --Christina Voigt, University of Oslo, Norway'Professor Mayer clearly and persuasively argues that . . . the effects of climate change on migration cannot and should not be addressed in isolation from broader concerns over migrant welfare and environmental protection. His insightful, interdisciplinary book requires us to rethink our assumptions about the relationship of climate change and migration, and provides a strong platform for future scholarship and policy.' --John H. Knox, UN Special Rapporteur on Human Rights and the Environment and Wake Forest University'With stories about migration and climate change making daily headlines, Benoît Mayer's insightful analysis of the concept of ''climate migration'' is particularly timely. Mayer's careful and critical deconstruction of the concept offers a fresh scholarly perspective on how the challenges of migration and climate change are intertwined. Its clear guidance on how the elusive concept can be used in political advocacy should put the book on the reading list of anyone concerned with tackling two of the most important global challenges of this day and age in conjunction.' --Harro van Asselt, University of Eastern FinlandTable of ContentsContents: Introduction 1. Conceptualizing Climate Migration 2. The Humanitarian Narrative - Human Rights, Global Justice, and the Limits of Humanitarian Reason 3. The Migration Narrative - Protection Gaps, the Refugee Analogy, and the Rights of Migrants 4. The Responsibility Narrative - Anthropogenic Climate Change, Migration as Injury, and Interference in Place of Reparation 5. Pragmatic Narratives - Self-Interests, National Aspirations, and Global Complex Interdependence Conclusion Bibliography Index
£122.00