Public international law: environment Books

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

Read more less

Book SynopsisThe oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.Table of ContentsContents: Preface xxvii PART I KEY PRINCIPLES AND ISSUES RELATED TO GOVERNING LAW AND DISPUTE RESOLUTION IN THE OIL AND GAS INDUSTRY 1 The oil and gas industry is prone to disputes 2 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 2 Governing law of oil and gas agreements and of disputes arising in the oil and gas industry 22 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 3 Dispute resolution planning in oil and gas projects 59 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 4 Future of oil and gas disputes 86 Elina Aleynikova, Tuuli Timonen and Eduardo G. Pereira PART II KEY JURISDICTIONS’ APPROACH TOWARDS GOVERNING LAW AND DISPUTE RESOLUTION IN THE OIL AND GAS INDUSTRY A. Americas 5 Argentina 102 Pablo Rueda and Marcos Blanco 6 Bolivia 117 Ramiro Moreno Baldivieso 7 Brazil 126 Flávio Spaccaquerche Barbosa and Vanessa Winkler 8 Canada 139 Philip Abraham, Rachel A. Howie, Kim Martyn and Adrienne O’Reilly 9 Mexico 157 Juan Carlos Serra Campillo and Jorge Eduardo Escobedo Montaño 10 United States of America 168 Lisa M. Bohmer B. Africa 11 Algeria 187 Waniss Almashri Otman 12 Angola 210 José-Miguel Júdice, Ana Oliveira Rocha and Ana Coimbra Trigo 13 Ghana 220 Thomas Kojo Stephens and Seyram Dzikunu 14 Libya 233 Waniss Almashri Otman 15 Mozambique 253 José-Miguel Júdice, Ana Oliveira Rocha and Ana Coimbra Trigo 16 Nigeria 261 Olayemi Anyanechi C. Asia 17 Azerbaijan 280 Anna Dreyzina 18 China 294 Michael Polkinghorne and Anna Chuwen Dai 19 Indonesia 315 Debby Sulaiman and Ali Nasir 20 Iran 329 Seyed Nasrollah Ebrahimi 21 Kazakhstan 348 Yerbolat Yerkebulanov and Bakhyt Tukulov 22 Qatar 360 Francis Nii Botchway and Abdullah Dohan Al-Shammari 23 England and Wales 372 Mark Clarke and James Hart 24 France 389 Kirsten Odynski, Philippe Boisvert, Menalco J. Solis, and Agathe Mercier 25 Georgia 404 Ketevan Betaneli 26 The Netherlands 422 Kasper Krzeminski and Lisa Schoenmakers 27 Russia 435 Noah Rubins QC, Alexey Yadykin and Dmitry Kazhaev Index

Read more less

Book SynopsisThis original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.Table of ContentsContents: Preface and Acknowledgements 1. The Twentieth Century: Dams and the Epic Struggle to Control Nature 2. America and the Age of Dams 3. A Brief Survey of Human Rights Law 4. Funding Mega-Dams: The Multilateral Banks 5. The Yacyretá Dam: Adiós to Paradise and the Destruction of Human Rights 6. Dark Lessons from the Senegal River 7. The Southeastern Anatolia Project (GAP): The loss of cultural heritage 8. The Narmada Dam, India: The courage of tribals 9. Zambia’s Kariba Dam 10. The Xayaburi Dam on the Mekong River 11. The Oldman Dam, Alberta, Canada Epilogue Index

Read more less

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

Read more less

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

Read more less

Book SynopsisFrom soil degradation and biodiversity loss to the coexistence of malnutrition and obesity, many of the largest challenges facing humanity today are underpinned by food and agriculture systems. In order to alleviate and resolve them, global governance of food and agriculture needs to be reformed. Unravelling the array of international regulatory instruments, this timely book provides the first systematic analysis of the international law surrounding food systems.International Agricultural Law and Policy provides a systems-based analysis of the rules that intersect with the physical elements of agriculture against a framework of commonly held norms. The author conducts a comprehensive examination not only of the rules, but also the implementation and broader socioeconomic, scientific and political context. By, exploring and clarifying the relationship between food security and the right to food and sustainability, Johnson closes the gap between the disparate international rules that govern food and agriculture, while exploring the practical implications of these overlapping regimes.This unique book is an invaluable resource for lawyers and social scientists working within food and agriculture systems and their governance and lays the much-needed groundwork for future research. For policy makers in the food and agricultural space, this book provides a wide-ranging and innovative analysis of the global regulatory landscape that influences law and policy processes.Trade Review‘This book gives a wide-ranging view of recent agricultural challenges in the agricultural law arena. The book is insightful and worth reading for legal and non-legal members of government, academia, and professionals who either work or are interested in agricultural study.’ -- Eva Johan, Asian Journal of International Law‘Given the important need to consider the future for food security and agriculture globally, Hope Johnson’s book should be considered a valuable contribution to the subject matter.’ -- Andrew Chalet, Law Institute Journal'To understand how international law helps or hinders food security, a systemic account of the existing fragmented laws and institutions is needed, which should include at the very least trade, investment, environment, human rights and climate agreements. Hope Johnson does this and more, using a policy-oriented approach that places agriculture at the centre. The result is a compelling case for a broader inclusion of the subjects and objects of international regulation, and an enhanced participation of food insecure groups and countries.' --Margaret Young, University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. A human rights-based approach to regulating food systems for food security 3. Land 4. Soils 5. Water 6. Seeds 7. Pesticides 8. World Trade 9. Conclusion and recommendations Index

Read more less

Book SynopsisThis timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. YangTrade Review'The book is recommended for all libraries that deal with wildlife law and is complemented with a comprehensive index.' --UKELATable of ContentsContents: Part I An Introduction to Legal Aspects of Protecting Forest and Marine Biodiversity 1. Legal Aspects of the Protection of Forest and Marine Biodiversity: Understanding the Context Ed Couzens, Alexander Paterson and Sophie Riley Part II Global issues of protection of biological diversity 2. Moral Boundaries, Anthropocentrism and Biodiversity: Possums in New Zealand as an Example Gay Morgan 3. For Peat’s Sake: Environmental Law Amidst the Bogs Nicholas A. Robinson 4. Illegal Trade in Endangered Forest and Marine Species - Enhancing Laws and Enforcement: a South-East Asian Perspective Lin Heng Lye and Sallie Chia-Wei Yang Part III The protection of biological diversity in the forest environment 5. Biodiversity and Agriculture – Friends or Foes? The Legal Implementation of Agroforestry Practices in Brazil Marcia Fajardo Cavalcanti de Albuquerque 6. Forest Biodiversity Conservation: Strengthening the Regulation and Management of Chinese Enterprises during Foreign Investment Bingyu Liu 7. Addressing Human and Wildlife Conflict in Forest Protected Areas: A Critical Analysis of China’s Nature Reserve Management Experience Yilin Pei 8. Climate Change and Forest Management in Nepal Amber Prasad Pant Part IV The protection of biological diversity in the marine environment 9. Governance of Oil and Gas Exploration and Exploitation at Sea: Towards Coastal Marine Biodiversity Preservation Violeta S. Radovich 10. The Valuable Role that Private Environmental Governance might play in Managing Global Fisheries Resources Anastasia Telesetsky 11. Black Coral Forests and Marine Biodiversity in New Zealand Trevor Daya-Winterbottom 12. The Contribution that the Concept of Global Public Goods can make to the Conservation of Marine Resources Carina Costa de Oliveira and Sandrine Maljean-Dubois Index C. Costa de Oliveira,

Read more less

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

Read more less

Book SynopsisThis authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future.The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment.Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. WrightTrade Review'For diplomats, practitioners, and scholars concerned with the myriad threats facing our oceans, the Elgar Research Handbook on International Marine Environmental Law is a must. It contains enlightening analysis of the complex ocean governance problems that imperil the marine environment and continue to evade solution. More importantly, it advances realistic ideas to move the environmental protection of our oceans forward. All of this from some of the sharpest thinkers on these issues today.' --Donald K. Anton, Griffith University, Australia'Written by eminent scholars and practitioners, this Handbook is an accessible treasure trove for diplomats as well as advocates, advanced scholars and law students, indeed anyone interested in the future of our oceans. I predict it will become an essential guidebook for all those involved in international ocean negotiations.' --Kristina Gjerde, High Seas Policy Advisor, IUCNTable of ContentsContents: Foreword PART I THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE MARINE ENVIRONMENT 1. The LOSC Regime for Protection of the Marine Environment – Fit for the Twenty-first Century? Robin Churchill 2. Principles of International Marine Environmental Law Yoshifumi Tanaka 3. Actors and Institutions for the Protection of the Marine Environment James Harrison Part II POLLUTION AND THE MARINE ENVIRONMENT 4. Land Based Pollution and the Marine Environment David Osborn 5. Vessel-source Pollution Henrik Ringbom 6. The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores David L. VanderZwaag PART III SEABED ACTIVITIES AND THE MARINE ENVIRONMENT 7. Protecting the Marine Environment of the Deep Seabed Michael Lodge 8. Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment Joanna Mossop 9. Protection of the Marine Environment from Offshore Oil and Gas Activities Nengye Liu 10. Protection and Preservation of the Marine Environment from Seabed Mining Activities on the Continental Shelf: Perspectives from the Pacific Islands Region Marie Bourrel PART IV PROTECTION OF MARINE BIODIVERSITY 11. Protecting Marine Species Alexander Proelss and Katherine Houghton 12. Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement Dire Tladi 13. Marine Protected Areas in Areas beyond National Jurisdiction Glenn Wright, Julien Rochette and Elizabeth Druel 14. Environmental Assessment in Marine Areas beyond National Jurisdiction Robin Warner 15. Marine Scientific Research and the Protection of the Seas and Oceans Anna Maria Hubert PART V REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT 16. Forty Years of the UNEP Regional Seas Programme: From Past to Future Nilufer Oral 17. Protecting Polar Environments: Coherency in Regulating Arctic Shipping Tore Henriksen 18. Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management David Vousden 19. Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea Hai Dang Vu PART VI CLIMATE CHANGE AND THE MARINE ENVIRONMENT 20. Ocean Acidification Tim Stephens 21. Geoengineering and the Marine Environment Karen N. Scott Index

Read more less

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

Read more less

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

Read more less

Book SynopsisThis thought-provoking Research Handbook offers a critical survey of the law and governance issues facing the world's oceans and coasts in this era of Anthropocentric climate change. It discusses the biophysical impacts that climate change is having upon our oceans and coasts, as well as the various ways that international, national and sub-national laws have sought to respond. With contributions from scientists and lawyers, this comprehensive Research Handbook provides cutting edge analysis of the marine governance responses to climate change and how this will need to adapt in a rapidly changing world. It reflects on the interaction of climate change with regional marine governance regimes and analyses the likely impacts on maritime and national security. Illustrating the up-to-date treatment of interactions between climate and oceans regimes, this incisive Research Handbook examines the possible adaptation options to address specific issues for our oceans and coasts.The Research Handbook on Climate Change, Oceans and Coasts will be a key resource for students, scholars and practitioners of climate change, water law and environmental law and policy, while also being of benefit to researchers in the cross-cutting fields of human rights and disaster law.Trade Review'Although the physical interconnections between the climate system and the ocean are critical to both, the legal implications of these interconnections are only beginning to be explored. This insightful and comprehensive Research Handbook brings together an outstanding group of scholars and will be an essential reference for anyone interested in learning more about the relationship of climate change and ocean law.' -- Daniel Bodansky, Arizona State University, US'This Research Handbook takes a topic that many have addressed in pieces and offers a more comprehensive vision of how it all works. The Handbook's Asia-Pacific leanings take readers through topics rarely explored in such volumes, including regional focus chapters on the Indian Ocean, the China Sea, and the Antarctic treaty regime. One of the Handbook's key values is its insights, from a variety of perspectives, into what climate change really means for the ocean's living resources - and the humans around the world who depend upon marine fisheries. As a thought-provoking bonus, the Postscript on the COVID-19 pandemic will likely set the terms for such discussions for years to come.' -- Robin Kundis Craig, University of Utah, US'The ocean is undergoing a number of rapid and profound physical changes as a result of human interference with the Earth's carbon cycle. The law of the sea, and the broader body of national and international law applicable to coastal and marine areas, is struggling to keep pace with the extent and speed of this change. This Research Handbook addresses all of the key legal dimensions of this challenge, from sea level rise to fisheries management, and will be of enormous value to scholars, practitioners and students as they navigate the increasingly uncertain waters ahead.' -- Tim Stephens, University of Sydney, Australia'This exceptional book offers a timely, comprehensive, and interdisciplinary analysis of cutting-edge issues in ocean and coastal governance at the intersection of climate change. Professors McDonald, McGee, and Barnes have assembled an unparalleled cast of expert contributing authors from around the world to explore a wide range of topics at the forefront of the global response to climate change.' -- Randall S. Abate, Monmouth University, USTable of ContentsContents: PART I FRAMING THE ISSUES: CLIMATE CHANGE AND OUR OCEANS AND COASTS 1 Oceans and coasts in the era of Anthropogenic climate change 2 Jan McDonald, Jeffrey McGee and Richard Barnes 2 The impact of climate change on oceans: physical, chemical and biological responses 27 Alistair J Hobday and Richard J Matear PART II INTERNATIONAL GOVERNANCE OF CLIMATE CHANGE, OCEANS AND COASTS 3 Climate change, the Anthropocene and ocean law: mapping the issues 49 David Freestone and Millicent McCreath 4 Sea-level rise and the law of the sea 81 Moritaka Hayashi 5 Adapting UNCLOS dispute settlement to address climate change 94 Natalie Klein 6 Climate change and high seas fisheries 114 Yoshinobu Takei 7 Climate change and the International Maritime Organization 134 Sophia Kopela 8 Climate change-related displacement of coastal and island peoples: human rights implications 152 Amy Maguire 9 Climate change, disaster law, and extreme ocean and coastal events 174 Anastasia Telesetsky 10 Oceans, climate change and non-state actors 193 Irini Papanicolopulu and Armando Rocha PART III REGIONAL AND SECTORAL GOVERNANCE OF CLIMATE CHANGE, OCEANS AND COASTS 11 Handling climate change for the East and South China Seas 210 Keyuan Zou and Lei Zhang 12 The Southern Ocean and changing environmental conditions: Antarctic Treaty System 224 Julia Jabour and Marcus Haward 13 Climate change and the Arctic: adapting to threats and opportunities in Arctic marine waters 239 Elise Johansen and Tore Henriksen 14 International law and institutional responses to climate change and fisheries management in the Indian Ocean 259 Erika Techera 15 Governing Pacific fisheries under climate change 278 Jan McDonald and Shannon Maree Torrens 16 Integrated oceans management and climate change 295 Karen N Scott 17 Marine spatial planning and climate change: an example from Scotland 313 Anne-Michelle Slater and Alison MacDonald PART IV ADAPTING AND RESPONDING TO CLIMATE IMPACTS ON OCEANS AND COASTS 18 Responding to ocean acidification beyond climate governance 330 Reuben Makomere and Jan McDonald 19 Ecosystem-based adaptation in coastal areas: lessons from selected case studies 348 Justine Bell-James 20 The governance of marine invasive alien species and climate change in China 366 Jiayu Bai and Jing Cheng 21 Shifting currents: climate change and maritime security in the Asia Pacific 394 Robin Warner and Stuart Kaye 22 Naval, national security and defence issues from climate change 409 Sam Bateman and Anthony Bergin 23 A global network of MPAs: an important tool in addressing climate change 425 Danielle Smith PART V INNOVATIVE GOVERNANCE FOR MARINE-BASED CLIMATE MITIGATION 24 Marine geoengineering governance and the importance of compatibility with the law of the sea 442 Kerryn Brent 25 Protecting Antarctica’s coastal blue carbon: a case for international cooperation 462 Brendan Gogarty, Narissa Bax, David KA Barnes, Chester Sands, Jeffrey McGee, Marcus Haward, Maria Lund Paulsen, Bernabé Moreno, Camille Moreau, Christoph Held and Rachel Downey 26 Postscript: governance for climate change, oceans and coasts in a post-COVID-19 world 485 Jan McDonald, Jeffrey McGee and Richard Barnes Index 493

Read more less

Book SynopsisAt a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decentres the needs of humans and instead emphasises the growing need to protect wildlife with compassion and care.This book will prove invaluable to both students and scholars of environmental law, animal law and international law more widely. It will also appeal to policymakers, legal scholars and NGOs dealing with the imminent needs of the earth's wildlife.Contributors include: D. Bilchitz, M. Bowman, S. Riley, J. Schaffner, W. Scholtz, K. Sykes, S. WhiteTrade Review‘This book is an integral building block for welfare-conscious wildlife law. Scholtz and the contributors to this collection deserve the greatest praise for their bravery and intellectual integrity in supporting a compassionate approach to conservation.’ -- Iyan Offor, The IUCN AEL Journal of Environmental Law'This book does two things very well. It demonstrates that the ethical imperative of treating non-human creatures with respect makes a better conceptual fit with the international legal order's basic tenets than is often assumed. At the same time, it starkly exposes the challenge of ensuring that attention for the welfare of individual animals does not impede the effectiveness of current policies for the conservation, recovery and sustainable use of healthy wildlife populations and ecosystems.' --Arie Trouwborst, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Werner Scholtz 2. Value, wild animals and law Joan E. Schaffner 3. Animals, humans and the international legal order: towards an integrated bioethical perspective Michael Bowman 4. Wildlife law and animal welfare: competing interests and ethics Sophie Riley 5. Shifting Norms in Wild Animal Protection and Effective Regulatory Design Steven White 6. Why conservation and sustainability require protection for the interests of animals David Bilchitz 7. Trading rhinoceros horn for the sake of conservation: dehorning the dilemma through a legal analysis of the emergence of animal welfare Werner Scholtz 8. WTO Law, the Environment and Animal Welfare Katie Sykes Index

Read more less

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

Read more less

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

Read more less

Book SynopsisGroundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law.Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book’s practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.Trade Review‘This book represents an updated and required reading for policymakers, practitioners and other stakeholders, lawyers and non-lawyers, working in the field of transboundary aquifer management, especially if one considers how few comprehensive studies on the international law of transboundary aquifers exist.’ -- Laura Movilla Pateiro, Review of European, Comparative and International Environmental Law‘Transboundary aquifers are increasingly being recognised as an important part of addressing the world water challenge. However, as this book artfully demonstrates, legal arrangements pertaining to this precious resource are still in their infancy. This contribution from a highly knowledgeable expert in the field offers an extremely accessible account of the existing international law relating to transboundary aquifers, and the way in which the law needs to develop in the future. The book is therefore a must read for all researchers and experts from academia, government, inter-governmental bodies, civil society and NGOs, that have an interest in deepening their understanding of the laws relating to transboundary aquifers.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘This book is a welcome addition to scholarly investigations of the norms applicable to transboundary aquifers. Groundwater has an increasingly important role to play in the context of water security but its governance, domestically and particularly internationally, remains embryonic. With its practical and academic approach, this publication clearly brings to light and thoroughly explains the essential international legal rules that aquifer states need to be aware of when considering engaging in transboundary aquifer cooperation.’ -- Zaki Shubber, IHE Delft Institute for Water Education, the Netherlands‘Management and regulation of groundwater is generally fragmented and poor, especially when the resource flows across state boundaries. In such cases, sovereignty prevails over cooperation, hampering protection and optimal utilization.This book provides deeper insights and critical analysis of the principles of transboundary groundwater law and the agreements and arrangements on shared aquifers, with the view of addressing the problems of sharing, management and protection. It is scrupulously researched and well-written, and is highly recommended for water lawyers, practitioners, and policy makers.’ -- Salman M. A. Salman, former Water Law Adviser, The World BankTable of ContentsContents: 1. Introduction 2. Transboundary Aquifers 3. The emergence of an International Law of Transboundary Aquifers 4. The normative content of the International Law of Transboundary Aquifers 5. The Future of the International Law of Transboundary Aquifers 6. Transboundary aquifer agreements and arrangements 7. Conclusion Index

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

Book SynopsisThe editor takes an excitingly broad and refreshing approach to environmental justice, tracing the subject from its early developments to its contemporary need for a new non-anthropocentric ontology responsive to questions of human-non-human justice. This invaluable study includes 24 of the best available research articles in the field and offers a stimulating journey into the rich ambiguities, tensions and promise of environmental justice for the 21st century and beyond.Table of ContentsContents: Introduction: ‘Staying with the Trouble’ – Environmental Justice for the Anthropocene–Capitalocene Anna Grear PART I ENVIRONMENTAL JUSTICE: TAXONOMIES AND CONCEPTUALISATIONS 1. Robert D. Bullard (1994), ‘Overcoming Racism in Environmental Decisionmaking’, Environment: Science and Policy for Sustainable Development, 36 (4), May, 10–20, 39–44 2 2. Alice Kaswan (1997), ‘Environmental Justice: Bridging the Gap between Environmental Laws and “Justice”’, American University Law Review, 47 (2), 221–301 19 3. Dorceta E. Taylor (2000), ‘The Rise of the Environmental Justice Paradigm: Injustice Framing and the Social Construction of Environmental Discourses’, American Behavioral Scientist, 43 (4), January, 508–80 100 4. Robert R. Kuehn (2000), ‘A Taxonomy of Environmental Justice’, Environmental Law Reporter, 30 (9), September, 10681–703 173 PART II ENVIRONMENTAL JUSTICE: DISTRIBUTIVE PATTERNS, STRUCTURAL UNEVENNESS 5. Luke W. Cole (1992), ‘Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law’, Ecology Law Quarterly, 19 (4), September, 619–83 197 6. Sheila Foster (1998), ‘Justice from the Ground Up: Distributive Inequities, Grassroots Resistance, and the Transformative Politics of the Environmental Justice Movement’, California Law Review, 86 (4), July, 775–841 262 7. Rebecca Tsosie (2007), ‘Indigenous People and Environmental Justice: The Impact of Climate Change’, University of Colorado Law Review, 78 (4), Fall, 1625–77 329 8. Melissa Checker (2008), ‘Eco-Apartheid and Global Greenwaves: African Diasporic Environmental Justice Movements’, Souls: A Critical Journal of Black Politics, Culture, and Society, 10 (4), 390–408 382 PART III ENVIRONMENTAL JUSTICE: PROCEDURAL JUSTICE, RELATIONAL RECOGNITION 9. Daniel J. Fiorino (1990), ‘Citizen Participation and Environmental Risk: A Survey of Institutional Mechanisms’, Science, Technology, and Human Values, 15 (2), Spring, 226–43 402 10. Gordon Walker (2009), ‘Beyond Distribution and Proximity: Exploring the Multiple Spatialities of Environmental Justice’, Antipode, 41 (4), September, 614–36 420 11. Astrid Ulloa (2017), ‘Perspectives of Environmental Justice from Indigenous Peoples of Latin America: A Relational Indigenous Environmental Justice’, Environmental Justice, 10 (6), December, 175–80 443 12. Joshua C. Gellers and Chris Jeffords (2018), ‘Toward Environmental Democracy? Procedural Environmental Rights and Environmental Justice’, Global Environmental Politics, 18 (1), February, 99–121 449 PART IV ENVIRONMENTAL JUSTICE: IDENTIFIABLE WRONGS, CORRECTIVE AND RETRIBUTIVE REPARATIONS 13. Kathy Seward Northern (1997), ‘Battery and Beyond: A Tort Law Response to Environmental Racism’, William & Mary Environmental Law and Policy Review, 21 (3), 485–598 473 14. Tseming Yang (2002), ‘Environmental Regulation, Tort Law and Environmental Justice: What Could Have Been’, Washburn Law Journal, 41 (3), Spring, 607–28 587 15. Peter Atkins, Manzurul Hassan and Christine Dunn (2007), ‘Environmental Irony: Summoning Death in Bangladesh’, Environment and Planning A: Economy and Space, 39 (11), November, 2699–714 609 16. Upendra Baxi (2010), ‘Writing about Impunity and Environment: The “Silver Jubilee” of the Bhopal Catastrophe’, Journal of Human Rights and the Environment, 1 (1), March, 23–44 625 PART V ENVIRONMENTAL JUSTICE: INTERROGATING THE SOCIOPOLITICAL 17. Julian Agyeman and Bob Evans (2004), ‘“Just Sustainability”: The Emerging Discourse of Environmental Justice in Britain?’, Geographical Journal, 170 (2), June, 155–64 648 18. Carmen G. Gonzalez (2011), ‘An Environmental Justice Critique of Comparative Advantage: Indigenous Peoples, Trade Policy, and the Mexican Neoliberal Economic Reforms’, University of Pennsylvania Journal of International Law, 32 (3), Spring, 723–803 658 19. Donna Houston (2013), ‘Crisis Is Where We Live: Environmental Justice for the Anthropocene’, Globalizations, 10 (3), 439–50 739 20. Joan Martinez-Alier, Leah Temper, Daniela Del Bene and Arnim Scheidel (2016), ‘Is There a Global Environmental Justice Movement?’, Journal of Peasant Studies, 43 (3), 731–55 751 PART VI ENVIRONMENTAL JUSTICE: ONTOLOGICAL JUSTICE AND THE POLITICS OF MEANING 21. Anna Stanley (2009), ‘Just Space or Spatial Justice? Difference, Discourse, and Environmental Justice’, Local Environment: The International Journal of Justice and Sustainability, 14 (10), November, 999–1014 777 22. Anna Tsing (2012), ‘Unruly Edges: Mushrooms as Companion Species’, Environmental Humanities, 1, 141–54 793 23. David Schlosberg (2013), ‘Theorising Environmental Justice: The Expanding Sphere of a Discourse’, Environmental Politics, 22 (1), 37–55 807 24. Stacy Alaimo (2016), ‘Climate Systems, Carbon-Heavy Masculinity, and Feminist Exposure’, in Exposed: Environmental Politics and Pleasures in Posthuman Times, Part II, Chapter 4, Minneapolis, MN, USA and London, UK: University of Minnesota Press, 91–108, 216–20 826 Index

Read more less

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

Read more less

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

Read more less

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

Read more less

Book SynopsisProtecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.Trade Review'This book carefully presents features of the systems for the protection of traditional knowledge that are found in two key developing countries. The author skillfully frames those features as lessons for those designing frameworks for the protection of traditional knowledge in other places. The book provides a commendable level of detail making it useful and accessible for both researchers and policymakers around the globe.' --Susy Frankel, FRSNZ, Victoria University of Wellington, New Zealand'The value of this excellent book is that it goes beyond merely critiquing the main approaches proposed, which it does very convincingly, by examining two of the most established legal frameworks: those of Peru and India. Viewing national legal systems as pluralist and guided by the right to self-determination, she then applies her findings to Australia. The book is an enjoyable and illuminating read which should invigorate a rather tired debate.' --Graham Dutfield, University of Leeds, UK'In this outstanding book, Evana Wright carefully choreographs sample national experiences across strategically selected countries. Her findings are prudently presented as rich policy pathways and lessons for nations, regions, and policy makers with interest in the protection of traditional knowledge of the world's Indigenous Peoples and Local Communities.' --Chidi Oguamanam, University of Ottawa, CanadaTable of ContentsContents: 1. Traditional Knowledge: Why and how should we protect it? 2. Biopiracy: Shared history, different approaches 3. Institutions and funds 4. Access and benefit sharing 5. Databases and registers 6. Lessons from case studies Bibliography Index

Read more less

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

Read more less

Book SynopsisThis important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.Trade Review‘. . . the edited collection makes for an excellent contribution to the literature on ocean acidification. Many of the contributions address issues that have not yet received much scholarly attention, while those that cover more familiar topics provide new perspectives and track recent developments in the legal and policy response to ocean acidification. Research Handbook on Ocean Acidification Law and Policy certainly succeeds in providing “a navigational guide to the tangled currents” of responding to ocean acidification at the global, regional and national levels. For this, the editors and the contributors are to be commended. Hopefully this guide will not only be the basis for further scholarly investigation of the different challenges ocean acidification presents, but will also be read by policymakers at different levels of governance and go some way to steering them towards more effective responses to continuing ocean acidification.’ -- Philipp Peter Nickels, The International Journal of Marine and Coastal Law‘Like climate change, ocean acidification is caused by rising carbon dioxide emissions. However, unlike the former, its adverse impacts on the marine ecosystems globally, biological diversity, human rights and food security are largely unaddressed. This Research Handbook draws attention to this gap in law and policy; a gap in dire need of closing. The opportunities, the book suggests, lie in regional, national and sub-national responses. The success depends on whether governments rise to this major challenge. In this context, the book is an alarm bell.’ -- Christina Voigt, University of Oslo, NorwayTable of ContentsContents: 1 Introduction to the Research Handbook on Ocean Acidification Law and Policy 1 David L VanderZwaag, Nilüfer Oral, and Tim Stephens PART I SCIENTIFIC CONTEXT 2 Ocean acidification: scientific understanding and challenges 11 Dan Laffoley, John M Baxter, Elizabeth B Jewett, Maureen T Brooks and Nelson A Lagos PART II GLOBAL LAW AND POLICY 3 Implications of the Paris Agreement for Action on Ocean Acidification within the UNFCCC 24 Ellycia R Harrould-Kolieb 4 Ocean acidification and multilateral environmental agreements 37 Naporn Popattanachai and Elizabeth A Kirk 5 Maritime transport and ocean acidification 53 Beatriz Martinez Romera 6 Ocean acidification and a new treaty on marine biodiversity in areas beyond national jurisdiction 61 Joanna Mossop 7 Food security, fisheries and ocean acidification: a human rights based approach 74 Hilal Elver and Nilüfer Oral PART III REGIONAL LAW AND POLICY 8 Regional seas programmes and ocean acidification 94 Kerry Tetzlaff 9 Regional fisheries bodies and ocean acidification 123 Rosemary Rayfuse 10 Ocean acidification and the Arctic: regional scientific and governance responses 142 Nadja Steiner and David L VanderZwaag 11 Southern Ocean acidification and the Antarctic Treaty System 164 Karen N Scott 12 Ocean acidification and Pacific Island countries and territories: sounding the alarm on an existential threat 179 Clement Yow Mulalap PART IV NATIONAL LAW AND POLICY 13 Ocean acidification: science, policy and law in Australia 201 Ellycia R Harrould-Kolieb and Tim Stephens 14 Brazilian policy and law review on ocean acidification and climate change: achievements and challenges 220 Maria Helena Fonseca de Souza Rolim and Victor Alencar Mayer Feitosa Ventura 15 Ocean acidification and China’s response 238 Jiayu Bai and Jiaxin Sui 16 The battle against ocean acidification in the United States 260 Sherry P Broder Index

Read more less

Book SynopsisProviding an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.Trade Review‘What role do international litigation and the international legal system play in resolving environmental disputes? An older generation of international lawyers would have answered that question by reference to the law of state responsibility for damage and the Trail Smelter case. A modern scholar, such as Dr. Bendel, focuses instead on the need for a preventive approach to environmental harm, exemplified by part XII of the 1982 UNCLOS. Relocating the international legal system within this preventive context has not been easy. There is first the problem of systematizing the growing network of regulatory treaties into a coherent whole that courts and governments can apply effectively. There is also the growing number and diversity of courts, tribunals and noncompliance procedures with overlapping jurisdiction over a wide range of disputes, only some of which are environmental. How do we make sense of such a fragmented system that no-one would design from scratch but that seems to work tolerably well. Dr. Bendel’s book provides a sure and confident guide to these challenging questions. It merits a place on the bookshelves of anyone who has to deal with global or regional environmental problems.’ -- Alan Boyle, Edinburgh University, UK‘Legal questions regarding the protection of the environment, including addressing climate change and its adverse effects, are quickly rising on the international judicial agenda. Justine Bendel's book provides a diligent analysis of the procedural contours of international court and tribunals in addressing such questions. The timing of this book could not have been more suitable nor its relevance more acute.’ -- Christina Voigt, University of Oslo, Norway‘The litigation of environmental matters in international courts and tribunals continues apace, and this exciting new book explores and challenges assumptions about the function of this litigation in delivering positive outcomes for a global environment that is under increasing pressure.’ -- Tim Stephens, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction 2. Functions of international litigation 3. Access to international courts and tribunals 4. Scientific evidence 5. Prevention and provisional measures of protection 6. Remedies 7. Relationships between judicial dispute settlement and non-compliance procedures 8. Conclusion Bibliography Index

Read more less

Book SynopsisDiscussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.Trade Review'This is an excellent book which explores an important issue for scholarship and society. The editors have drawn together high-quality scholars from a diverse range of geographical and legal disciplinary backgrounds. They have delivered a work which crosses silos and engages directly with the cultural, commercial, market-based and technological elements with which intellectual property and sustainability are entwined. The contributions are of individual significance and the work as a whole will be of interest to scholars, policymakers and industry as they develop their future paths to combining and delivering the key goals of sustainability, sustainable development and appropriate protection for IP.' -- Abbe Brown, University of Aberdeen, UK'Ole-Andreas Rognstad and Inger B. Ørstavik’s edited volume on IP and sustainable markets makes a timely and important contribution to the growing literature on the intersection of intellectual property and sustainable development. The chapter authors are all highly regarded experts in their fields, ranging from international environmental and intellectual property law treaties to domestic legislation. Their practical recommendations would, if adopted, result in welcome changes to our current international sustainable development infrastructure.' -- Joshua Sarnoff, DePaul University, US'This clear-sighted book on intellectual property and sustainable development provides a road map for a transition to a circular economy. The research explores the role of international institutions such as the WIPO, WTO and WHO in the realization of the United Nations Sustainable Development Goals. This research highlights the nexus between intellectual property and environmental policies in respect of clean energy, climate change and sustainable development.' -- Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: 1 Intellectual property and sustainable markets: introduction 1 Ole-Andreas Rognstad and Inger B. Ørstavik 2 Why are intellectual property rights hardly visible in the United Nations Sustainable Development Goals? 12 Hans Morten Haugen 3 Realigning TRIPS-plus negotiations with UN Sustainable Development Goals 38 Peter K. Yu 4 Disrupted creativity: cultural sustainability in peril 63 Daniel J. Gervais 5 Repairing and re-using from an exclusive rights perspective: towards sustainable lifespan as part of a new normal? 81 Taina Pihlajarinne 6 Revisiting the concept of ‘trade mark piracy’ in light of sustainable development goals: a discussion of the Norwegian ‘Apple Case’ 101 Ole-Andreas Rognstad 7 A modern role for intellectual property rights in sustainable finance, prudential banking and capital adequacy regulation 115 Janice Denoncourt 8 Intellectual property rights, technology development and market dynamics in the renewable energy sector 158 Inger B. Ørstavik 9 Smart Grid standards development and patent protection in the United States: striking the balance between dramatic overhaul of the electric grid and encouragement of innovation 188 Joel B. Eisen and Kristen Jakobsen Osenga 10 The treatment of intellectual property rights in open innovation models: new business models for the energy transition 207 Catherine Banet Index

Read more less

Book SynopsisThis Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider “next generation” and “smart regulation” strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide. Trade Review‘Advanced Introduction to Environmental Compliance and Enforcement provides both accessible and comprehensive coverage of modern environmental compliance and enforcement issues. Paddock skilfully weaves together foundational and advanced insights to make an important contribution to our understandings of many novel compliance and enforcement challenges, including program design, optimising mixes of tools and parties, citizen science and monitoring, and private governance. This book will be of great interest to governments, policy makers, students and academics.’ -- Cameron Holley, University of New South Wales, Australia‘As the former Chief of Environmental Enforcement, Environment and Natural Resources Division (ENRD), US Department of Justice, I have had the occasion to review a number of books about environmental compliance and enforcement. This book by Lee Paddock is the best, and reflects his considerable knowledge born of years of experience as a State Assistant Attorney General, and as a Professor and Dean at two leading law schools. His book covers all the basics, but adds new developments including citizen science and monitoring, private governance, and both civil and criminal enforcement.’ -- John C. Cruden, former Assistant Attorney General, ENRD‘Lee Paddock's Advanced Introduction accomplishes a major feat: it brings together the full range of constantly evolving environmental enforcement challenges into a set of clear explanations and feasible recommendations. Its well-organized chapters untangle enforcement’s overlapping dimensions, from inspection and judicial procedures to private management and international supply lines, and examines each in a systematic, informed, and applicable way. This book is an essential foundation for anyone studying environmental law and an invaluable reference for anyone working in the field.’ -- Mark Ungar, Graduate Center, CUNY, US‘Paddock’s comprehensive overview uses examples from around the world to illustrate environmental compliance and enforcement challenges and opportunities. The book blends theory and practice in discussing foundational matters such as enforcement strategies, tools, and mechanisms. It also explores innovations in citizen enforcement, the relationship between enforcement and environmental justice, and the role of private environmental governance. This book will be an essential resource for anyone interested in environmental enforcement, from the uninitiated to the most experienced practitioners, policymakers, and academics.’ -- Robert Glicksman, George Washington University Law School, USTable of ContentsContents: Preface PART 1 Introduction and Design Elements 1. Introduction to the Advanced Introduction to Environmental Compliance and Enforcement 2. Compliance and Enforcement Design Elements PART 2 Compliance and Enforcement Theories and Strategies 3. Compliance and Enforcement Theories 4. Compliance and Enforcement Strategies PART 3 Inspections and Monitoring 5. Inspections 6. Monitoring PART 4 Compliance Assistance and Administrative Enforcement 7. Compliance 8. Administrative Enforcement PART 5 Civil Judicial and Criminal Enforcement 9. Civil Judicial Enforcement 10. Criminal Enforcement PART 6 Sanctions 11. Civil Penalty Policies 12. Criminal Sanction PART 7 Private Environmental Governance and Enforcement 13. Private Environmental Governance References Index

Read more less

Book SynopsisThis Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider “next generation” and “smart regulation” strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide. Trade Review‘Advanced Introduction to Environmental Compliance and Enforcement provides both accessible and comprehensive coverage of modern environmental compliance and enforcement issues. Paddock skilfully weaves together foundational and advanced insights to make an important contribution to our understandings of many novel compliance and enforcement challenges, including program design, optimising mixes of tools and parties, citizen science and monitoring, and private governance. This book will be of great interest to governments, policy makers, students and academics.’ -- Cameron Holley, University of New South Wales, Australia‘As the former Chief of Environmental Enforcement, Environment and Natural Resources Division (ENRD), US Department of Justice, I have had the occasion to review a number of books about environmental compliance and enforcement. This book by Lee Paddock is the best, and reflects his considerable knowledge born of years of experience as a State Assistant Attorney General, and as a Professor and Dean at two leading law schools. His book covers all the basics, but adds new developments including citizen science and monitoring, private governance, and both civil and criminal enforcement.’ -- John C. Cruden, former Assistant Attorney General, ENRD‘Lee Paddock's Advanced Introduction accomplishes a major feat: it brings together the full range of constantly evolving environmental enforcement challenges into a set of clear explanations and feasible recommendations. Its well-organized chapters untangle enforcement’s overlapping dimensions, from inspection and judicial procedures to private management and international supply lines, and examines each in a systematic, informed, and applicable way. This book is an essential foundation for anyone studying environmental law and an invaluable reference for anyone working in the field.’ -- Mark Ungar, Graduate Center, CUNY, US‘Paddock’s comprehensive overview uses examples from around the world to illustrate environmental compliance and enforcement challenges and opportunities. The book blends theory and practice in discussing foundational matters such as enforcement strategies, tools, and mechanisms. It also explores innovations in citizen enforcement, the relationship between enforcement and environmental justice, and the role of private environmental governance. This book will be an essential resource for anyone interested in environmental enforcement, from the uninitiated to the most experienced practitioners, policymakers, and academics.’ -- Robert Glicksman, George Washington University Law School, USTable of ContentsContents: Preface PART 1 Introduction and Design Elements 1. Introduction to the Advanced Introduction to Environmental Compliance and Enforcement 2. Compliance and Enforcement Design Elements PART 2 Compliance and Enforcement Theories and Strategies 3. Compliance and Enforcement Theories 4. Compliance and Enforcement Strategies PART 3 Inspections and Monitoring 5. Inspections 6. Monitoring PART 4 Compliance Assistance and Administrative Enforcement 7. Compliance 8. Administrative Enforcement PART 5 Civil Judicial and Criminal Enforcement 9. Civil Judicial Enforcement 10. Criminal Enforcement PART 6 Sanctions 11. Civil Penalty Policies 12. Criminal Sanction PART 7 Private Environmental Governance and Enforcement 13. Private Environmental Governance References Index

Read more less

Book SynopsisThis comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform.Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.Trade Review'The planetary boundaries concept provides an ideal framework for connecting science with law at the global level. This book explores this connection in great detail, from our undeniable need for limits and the fundamental concepts of ethics, justice and governance to the comprehensive assessment of the legal implications of each of the individual boundaries.' -- - Will Steffen, The Australian National University'Co-edited by Duncan French and Louis Kotz - two of the foremost scholars in the field of environmental law in the era of the Anthropocene - this Research Handbook is the first comprehensive attempt to investigate, from a legal perspective, the human dimensions of scientific concepts of planetary boundaries. The book brings together a fascinating series of contributions from some of the leading legal thinkers in the field. At a time when raging fires and other ''unprecedented'' environmental disasters are providing increasing evidence of the consequences of failing to respect planetary limits, this book is a timely and important reminder of the contribution that can be made by law in ensuring that humanity and our environment remain within the planet's ''safe operating space''.' -- -- Jacqueline Peel, University of Melbourne, Australia'If international environmental law is to stay relevant in the face of overwhelming evidence of its inability to address the galloping environmental harms humanity is witnessing, it needs to embrace a fundamental reset of its premises, conceptual pillars, and governance models. Such a reset requires imagination -- imagination that is outrageous in its ambition and fuelled by outrage. This Research Handbook, edited by two of the finest international environmental law scholars of our time, Duncan French and Louis Kotz, is a work of such outrageous imagination. It challenges legal boundaries in its quest to protect planetary ones, and in so doing takes us closer to law and governance fit for environmental purpose.' -- - Lavanya Rajamani, University of Oxford, UKTable of ContentsContents: Foreword xi Preface xii 1 Staying within the planet’s ‘safe operating space’? Law and the planetary boundaries 1 Louis J. Kotzé and Duncan French PART I LEGAL, ETHICAL AND GOVERNANCE DIMENSIONS OF THE PLANETARY BOUNDARIES 2 Exploring the planetary boundaries and environmental law: historical development, interactions and synergies 21 Alice Bleby, Cameron Holley and Ben Milligan 3 Governing the complexity of planetary boundaries: a state-of-the-art analysis of social science scholarship 45 Rakhyun E. Kim and Louis J. Kotzé 4 Planetary boundaries, planetary ethics and climate justice in the Anthropocene 65 Sam Adelman 5 Science, law and planetary uncertainty 84 Lynda Collins 6 Planetary boundaries intra muros : cities and the Anthropocene 103 Helmut Philipp Aust and Janne E. Nijman PART II INTERNATIONAL LAW AND THE PLANETARY BOUNDARIES 7 Planetary boundaries and regime interaction in international law 125 Dario Piselli and Harro van Asselt 8 Changing role of law-making in responding to planetary boundaries? 147 Giovanna M. Frisso and Elizabeth A. Kirk 9 International law, planetary boundaries and teleconnections 167 Ellen Hey 10 Compliance with planetary boundaries in international law 183 Jonas Ebbesson 11 Exploring the planetary boundaries’ wasteland: international law and the advent of the Molysmocene 203 Michael Hennessy Picard and Olivier Barsalou PART III PLANETARY BOUNDARIES AND THE LAW 12 Loss of biosphere integrity (biodiversity loss and extinctions) 221 Han Somsen and Arie Trouwborst 13 Climate change 245 Jonathan Verschuuren 14 Stratospheric ozone depletion 260 Louise du Toit 15 Atmospheric aerosol loading 277 Leslie-Anne Duvic-Paoli and Emily Webster 16 Ocean acidification 294 Tim Stephens 17 Nitrogen and phosphorus flows to the biosphere and oceans 309 Daniela Diz 18 Freshwater consumption and the global hydrological cycle 324 Nathan John Cooper 19 Land system change 342 Karen Morrow 20 Chemical pollution (and the release of novel entities) 363 Tiina Paloniitty, Chukwukpee Nzegwu and Duncan French Index

Read more less

Book SynopsisThis timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. YangTrade Review'The book is recommended for all libraries that deal with wildlife law and is complemented with a comprehensive index.' --UKELATable of ContentsContents: Part I An Introduction to Legal Aspects of Protecting Forest and Marine Biodiversity 1. Legal Aspects of the Protection of Forest and Marine Biodiversity: Understanding the Context Ed Couzens, Alexander Paterson and Sophie Riley Part II Global issues of protection of biological diversity 2. Moral Boundaries, Anthropocentrism and Biodiversity: Possums in New Zealand as an Example Gay Morgan 3. For Peat’s Sake: Environmental Law Amidst the Bogs Nicholas A. Robinson 4. Illegal Trade in Endangered Forest and Marine Species - Enhancing Laws and Enforcement: a South-East Asian Perspective Lin Heng Lye and Sallie Chia-Wei Yang Part III The protection of biological diversity in the forest environment 5. Biodiversity and Agriculture – Friends or Foes? The Legal Implementation of Agroforestry Practices in Brazil Marcia Fajardo Cavalcanti de Albuquerque 6. Forest Biodiversity Conservation: Strengthening the Regulation and Management of Chinese Enterprises during Foreign Investment Bingyu Liu 7. Addressing Human and Wildlife Conflict in Forest Protected Areas: A Critical Analysis of China’s Nature Reserve Management Experience Yilin Pei 8. Climate Change and Forest Management in Nepal Amber Prasad Pant Part IV The protection of biological diversity in the marine environment 9. Governance of Oil and Gas Exploration and Exploitation at Sea: Towards Coastal Marine Biodiversity Preservation Violeta S. Radovich 10. The Valuable Role that Private Environmental Governance might play in Managing Global Fisheries Resources Anastasia Telesetsky 11. Black Coral Forests and Marine Biodiversity in New Zealand Trevor Daya-Winterbottom 12. The Contribution that the Concept of Global Public Goods can make to the Conservation of Marine Resources Carina Costa de Oliveira and Sandrine Maljean-Dubois Index C. Costa de Oliveira,

Read more less

Book SynopsisAs the World Heritage Convention enters its 50th year, questions are being raised about its failures and successes. This topical book draws together perspectives across law and heritage research to examine the Convention and its implementation through the novel lens of compliance.The book challenges the widely held view that managing the 'world’s heritage' is a non-regulatory, incentive-based task with limited sanctioning options. Combining theoretical perspectives with deep technical analysis and historical investigation, the book tackles the compliance question through an examination of 12 diverse cases.Analysing past World Heritage properties like the Arabian Oryx Sanctuary (Oman) and Dresden Elbe Valley (Germany), as well as at-risk properties, like the Great Barrier Reef (Australia), Group of Monuments at Hampi (India) and Everglades National Park (United States), chapters trace the evolution and application of key non-compliance mechanisms like Reactive Monitoring, the In Danger List, and the Deletion procedure. In so doing, this book provides a comprehensive understanding of the Convention's compliance architecture and the tools available to respond to instances of non-compliance.Illustrating how an improved compliance system is a critical component of a functioning and legitimate World Heritage regime, this book provides an invaluable resource to heritage and environmental policymakers and organisations looking to understand obligations under the Convention, as well as students and scholars coming to terms with the impact of the regime.Trade Review‘This work involves a high level of technicality in law and policy and scientific data analysis, highlighting the dynamic between scientific reports and decision-making in heritage policies.’ -- Anaïs Matiez, Asian Journal of International Law‘How we conserve our natural and cultural heritage, and with what effect on people and the natural environment, depends largely on how science-based regimes play out. Implementing the World Heritage Convention: Dimensions of Compliance is a major contribution to the critical debate on science-based governance of World Heritage. Hamman and Hølleland have systematically examined UNESCO’s digital archive to illuminate compliance and non-compliance across 12 high-profile cases, including the Everglades, the Great Barrier Reef, East Rennell, Old Town of Lijiang, Dresden and George Town. By synthesising perspectives from transnational environmental law and archaeology, the book breaks new ground in the vitally important project of global heritage conservation.’ -- Tiffany H. Morrison, Australian Research Council Centre of Excellence for Coral Reef Studies‘A half-century after the adoption of the World Heritage Convention, much research and public comment focuses on the ways in which the World Heritage system is bent to political purposes and vested interests. But what if we take its ambitious regulatory apparatus seriously? Positing compliance as a key notion, heritage studies specialist Hølleland and law scholar Hamman deliver a meticulously researched analysis of how the rules and procedures around awarding, monitoring and removing World Heritage honours have been conceptualised and implemented over the years. For anyone interested in a realistic appraisal of the possibilities and limitations of the most prominent global framework for heritage conservation, this is an invaluable resource.’ -- Christoph Brumann, Max Planck Institute for Social Anthropology, GermanyTable of ContentsContents: Preface 1. Introduction to Implementing the World Heritage Convention 2. The World Heritage regime: rules, obligations and actors 3. World Heritage listings and the challenge of legacy issues 4. Reporting and Reactive Monitoring: a first step towards substantive compliance 5. The List of World Heritage in Danger: from fire alarm to non-compliance mechanism 6. Deletion from the World Heritage List: from deterioration to irretrievable loss 7. Conclusion: a regime at a crossroads Index

Read more less

Book SynopsisThis incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources. Chapters examine the role of international legal obligations on fair and equitable benefit-sharing in environmental protection, the contribution of the UN and other international institutions to environmental peacebuilding, and the nexus between access to environmental services and peacebuilding efforts. The compelling conclusion explores contemporary approaches for improving the inclusivity of environmental peacebuilding, considering the role of gender and indigenous peoples’ perspectives. The Research Handbook on International Law and Environmental Peacebuilding will be crucial reading for students and scholars in environmental law, environmental politics and policy, peace and security studies and public international law. Its comprehensive treatment will also be beneficial to policymakers in international environmental and peacebuilding organizations.Trade Review‘Environmental peacebuilding is a crucial part of the measures to be taken after an armed conflict to facilitate the return to true peace and prevent the relapse into conflict. The book fills the existing research and knowledge gap regarding the law governing them in an innovative and creative way.’ -- Michael Bothe, Goethe University Frankfurt/Main, GermanyTable of ContentsContents: Foreword ix Acknowledgements xi 1 The international legal dimensions of environmental peacebuilding 1 Daniëlla Dam-de Jong and Britta Sjöstedt PART I INTERNATIONAL LAW AS A NORMATIVE FRAMEWORK 2 Sustainable development and environmental peacebuilding 17 Onita Das 3 The contribution of equity to environmental peacebuilding 42 Virginie Barral 4 The role of fair and equitable benefit-sharing in environmental peacebuilding 62 Elisa Morgera 5 Managing the tensions between a maximalist approach to environmental protection and anthropocentric peacebuilding 89 Jens Iverson 6 Environmental peacebuilding and environmental rule of law: Linkages, lessons, and looking forward 105 Carl Bruch and Isabelle Morley 7 Natural resources, transitional states and grand corruption 127 Naomi Roht-Arriaza PART II INTERNATIONAL LAW AS AN INSTITUTIONAL FRAMEWORK 8 Environmental peacebuilding and sustaining peace: The United Nations and integrated approaches 152 Albert Martinez and David Jensen 9 The contribution of the UN Security Council to environmental peacebuilding 183 Daniëlla Dam-de Jong 10 Contribution of multilateral environmental agreements and their institutional mechanisms to environmental peacebuilding 200 Britta Sjöstedt 11 Assessing the contribution of human rights actors to environmental peacebuilding 230 Karen Hulme 12 To repair or not to repair: What are the questions? 253 Giulia Pinzauti and Merryl Lawry-White 13 Environmental peacebuilding and natural resources management: The role of international investment law 277 Ole Kristian Fauchald PART III THE WAY FORWARD – AN INTEGRATED APPROACH 14 Addressing land inequality, rehabilitation and competing uses 304 Daniëlla Dam-de Jong 15 Access to water and peacebuilding 328 Mara Tignino and Tadesse Kebebew 16 Extractive industry for sustainable development? Some reflections on the role of investment contracts in ensuring benefit sharing and community participation in natural resource governance 355 Marco Pertile and Sondra Faccio 17 Integrating gender, peace and environment: The gender dimension of environmental peacebuilding 381 Sarah Mead and Marie Jacobsson 18 Environmental peacebuilding and indigenous peoples’ rights to lands and resources 401 Bas Rombouts Index

Read more less

Book SynopsisThis unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject.Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.Trade Review'Teaching and Learning in Environmental Law is a landmark contribution to environmental law scholarship as the first book to be devoted entirely to different teaching methodologies for environmental law. The editors and authors are leading names and recognized professors of environmental law. This book will quickly become an essential resource for environmental law scholars in all parts of the world and from all legal systems engaged in the teaching of environmental law.' -- Nilüfer Oral, Centre for International Law, National University of Singapore, Singapore and Member of the UN International Law Commission'This book represents a real breakthrough. It is the first to explore in depth how to overcome the daunting challenges of teaching environmental law. The field's rapid growth during the last half century has made it more important than ever, but also more difficult, to understand how law seeks to combat environmental problems. The book examines a rich variety of approaches to teaching environmental law through the experienced eyes of a multinational group of outstanding teachers and scholars. It offers fresh insights that will be of great value no matter how long one has been teaching in this field.' -- Robert Percival, University of Maryland Francis King Carey School of Law, US'Teaching and Learning in Environmental Law is a highly recommended book for all teachers of environmental law around the world. This edited collection contains carefully curated articles showing a wide range of teaching methodologies that could be applied in differing contexts. Considering the many challenges that frequently arise in teaching environmental law, this book reveals fresh perspectives and inspiring accounts which were gained from experience by the different contributors in the book. The book provides a compilation of narratives and lessons from tried-and-tested learning approaches that takes one inside and beyond the four walls of the classroom.For most teachers, competence in teaching is often honed by experience. This book, therefore, allows one to embark on a journey of self-reflection as one sifts through the information shared by each contributor. In the end, one emerges hopeful, inspired and ready to take on the challenges of teaching environmental law in a complex, fast-changing world. Indeed, many teachers of environmental law will greatly benefit from the treasure trove of teaching materials found in this book.Environmental law has become a widely recognized discipline in legal education today. It is, thus, vital for teachers of environmental law to teach and learn how to be effective teachers in environmental law. The Teaching and Learning in Environmental Law book can be an essential part of the teaching arsenal of every teacher of environmental law.' -- Rose-Liza Eisma-Osorio, University of Cebu School of Law, Philippines'In all modern societies, the protection of the environment lies mainly in the hands of public authorities, which grant permits, plan and realise infrastructure projects, fight - or do not fight - pollution, and deal with resource issues. This means that a great number of those who study environmental law will later occupy posts in transport, energy, local administrations or in economy. It is vital that they understand ecological concerns, environmental impairment and the need to integrate environmental issues into their day-to-day decisions.This book offers a wealth of new ideas for how to teach environmental law in a way that reaches the mind and at the same time the heart of students. The examples stem mainly from Anglo-Saxon countries, but offer enough flexible ways of teaching that they are of use to environmental teachers all over the world. And the examples are not limited to environmental law teaching and learning: indeed, as the protection of our planet is of general vital interest, any teacher may usefully adapt his teaching methods to examples that are given in the book, whether he teaches at a high school, a primary school, a university or in vocational courses. The whole book centers around the question of how to bring the message of the necessity to conserve this planet into the minds and hearts of the students.A very welcome and necessary book, which deserves - and needs! - many readers and is indispensable for any teacher of environmental policy, law, economy, or science.' -- Ludwig Krämer, Derecho y Medio Ambiente S.L., Spain

Read more less

Book SynopsisThis wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment.Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.Trade Review‘This second edition of the Research Handbook is a tour de force of the most relevant topics of marine environmental law by global experts in the field. This book is a must read for any practitioners and policymakers who are interested in viable solutions for ocean governance dilemmas where the needs of humans may not be easy to reconcile with the needs of increasingly precarious ocean ecosystems.’ -- Anastasia Telesetsky, California State University, San Luis Obisbpo, US‘The Research Handbook provides a comprehensive analysis of critical issues in international marine environmental law. Ambitious and forward looking, it addresses contemporary concerns, such as biodiversity loss, plastic pollution and climate change, suggesting solutions for coping with these challenges. This is an excellent and highly recommended publication for scholars and practitioners engaged in this crucial field of law.’ -- Tomas Heidar, Vice-President of the International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi PART I MARINE ENVIRONMENTAL LAW IN THE 21ST CENTURY 1 International marine environmental law in the 21st century 2 Rosemary Rayfuse, Aline Jaeckel and Natalie Klein 2 The UN Convention on the Law of the Sea – still relevant to protection of the marine environment? 33 Robin Churchill 3 Fragmentation and coherence in the legal framework for the protection of the marine environment 57 Alexander Proelss PART II LEGAL FRAMEWORKS FOR THE PROTECTION OF THE MARINE ENVIRONMENT 4 Basic principles of international marine environmental law 81 Yoshifumi Tanaka 5 Compliance mechanisms under treaties relating to protection of the marine environment 104 James Harrison 6 Resolving international disputes concerning the marine environment 124 Natalie Klein and Millicent McCreath 7 Mapping progress and challenges for the UNEP Regional Sea Programme for the Mediterranean 150 Nilufer Oral 8 The Indian Ocean region and marine environmental law 172 Erika Techera PART III POLLUTION AND THE MARINE ENVIRONMENT 9 Vessel-source pollution – some key developments 196 Henrik Ringbom 10 Regulating shipping under conditions of uncertainty: The Arctic Ocean and knowledge-based decision-making 218 Tore Henriksen 11 From ocean dumping to marine geoengineering: The evolution of the London Regime 240 Karen N Scott 12 Ocean acidification 264 Ellycia Harrould-Kolieb and Tim Stephens PART IV PROTECTING MARINE BIODIVERSITY 13 Protecting the marine environment of the deep seabed 289 Michael Lodge 14 Protecting marine biodiversity and vulnerable marine ecosystems 311 Rosemary Rayfuse 15 Marine mammals and migratory species 333 Richard Caddell PART V MECHANISMS AND TOOLS FOR PROTECTING THE MARINE ENVIRONMENT 16 Public participation in the governance of deep-seabed mining in the Area 361 Jeff Ardron, Hannah Lily and Aline Jaeckel 17 Marine scientific research and the protection of the seas and oceans 385 Anna-Maria Hubert 18 New technology and the protection of the marine environment 409 Hilde J Woker, Rozemarijn J Roland Holst and Harriet Harden-Davies 19 Implementing environmental impact assessment in areas beyond national jurisdiction: Epistemic, institutional and normative challenges 428 Neil Craik and Kristine Gu 20 Enhancing marine protected areas and marine spatial planning through an ecosystem approach 451 Vasco Becker-Weinberg Index 467

Read more less

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

Read more less

Book SynopsisAddressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem.Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilizes stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue.This comprehensive book will be crucial for students and scholars of law, economics, politics and environmental studies endeavouring to further understand the multi dimensional issue of global plastic pollution. It will additionally be valuable for policy- and decision-makers seeking to understand the challenges involved in environmental policy regulation.Trade Review‘This book is an invaluable resource for students and scholars across various fields, such as law, economics, politics, and environmental studies, who seek a deeper understanding and combating of the multifaceted issue of global plastic pollution. Furthermore, it serves as an essential reference for policymakers and decision-makers grappling with the complexities of environmental policy regulation.’ -- Dilara Özer, Politics TodayTable of ContentsContents: Introduction: global plastic and its regulation PART I THE PLASTIC POLLUTION PROBLEM, DEFINITIONS, SCOPE AND ALTERNATIVES 1. The plastic pollution problem, definitions, scope and alternatives PART II NATIONAL AND REGIONAL REGULATORY APPROACHES TO PLASTIC 2. Plastic regulation in the United States of America 3. Plastic regulation in the People’s Republic of China 4. Plastic regulation in Australia 5. Plastics regulation in the European Union PART III GLOBAL CONTEXT OF PLASTIC USAGE AND POLLUTION 6. Current international law and plastic 7. Crafting a global plastics treaty 8. Drafting/Developing the components of an effective global plastics treaty Conclusion: the current international response to the regulation of plastic Index

Read more less

Book SynopsisThis timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030.Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments.This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.Trade Review'How can carbon pricing guide industry towards climate neutrality while avoiding carbon leakage risks? Manuel Haussner shows that including the consumption of basic materials into the Emission trading system offers a viable solution, which is now being discussed across Europe. The book analysis in detailed WTO and administrative feasibility and makes the case for a legal basis as part of the EU Emission Trading Directive. This well presented analysis is a must read for everyone that wants to understand the reality of policy instruments at the interface between trade and climate change.' -- Karsten Neuhoff, German Institute for Economic Research, Germany'This book is an essential read for everyone interested in the EU's carbon pricing policy. The book offers insight into the economic rationale and the design of a consumption charge on carbon-intensive materials. It also highlights the legal challenges surrounding the adoption of such a charge by the EU. This is an extremely relevant topic, which will remain high on the political agenda in the coming years, considering the Commission's Green Deal and its proposal for a carbon border adjustment mechanism.' -- Alice Pirlot, University of Oxford, UK'As the European Union has committed to becoming the first climate-neutral continent, carbon border adjustment measures have moved to the forefront of the political agenda. The questions of what form such measures should take and how to implement them require urgent answers. In his thoroughly researched book, Manuel Haussner draws on insights from both law and economics to develop an innovative approach offering feasible answers to both questions. This timely book should therefore be read by policymakers and practitioners alike.' -- Roland Ismer, Friedrich-Alexander-University Erlangen-Nuremberg, GermanyTable of ContentsContents: 1. Introduction PART I THE ECONOMIC CASE FOR A CONSUMPTION CHARGE, DESIGN ISSUES AND ECONOMIC IMPACT 2. The economic case for a consumption charge on carbon-intensive materials 3. Design issues for a consumption charge and economic impact PART II THE LEGAL BASIS AND DECISION-MAKING PROCEDURE FOR THE IMPLEMENTATION OF THE IOC CHARGE UNDER EU LAW 4. Incentivising consumption efficiency: a matter of environmental policy 5. Article 192(1) TFEU vs Article 192(2) TFEU PART III THE IOC CHARGE AND WORLD TRADE LAW 6. The compatibility of the IoC charge with world trade law PART IV PRACTICAL ADMINISTRATION OF THE IOC CHARGE 7. The administration of the IoC charge 8. Conclusion Bibliography Index

Read more less

Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.Trade Review‘Organized around four themes – repositioning, reinventing, relocating, and rethinking human rights – Dina Lupin skillfully brings together a diverse array of essays by an impressive group of scholars to give the reader a flavor of this burgeoning area of international law, made even more significant by the UN General Assembly resolution recognizing a clean, healthy and sustainable environment as a human right and the worsening climate crisis. An important contribution to the scholarship on human rights and the environment.’ -- Sumudu Atapattu, University of Wisconsin Law School, USTable of ContentsContents: 1 Introduction: A Research Agenda for Human Rights and the Environment 1 Dina Lupin PART I REPOSITIONING MARGINALISED EPISTEMIC AND EXPERIENTIAL CONTRIBUTIONS 2 Towards a disability-inclusive environment and human health research agenda 13 Sarah L. Bell 3 Indigenous Peoples’ rights and the politics of climate change 31 Anna F. Laing 4 A critical peasants’ rights perspective for human rights and the environment: Leveraging the UN Declaration on the Rights of Peasants 55 Amanda Lyons and Ana María Suárez Franco PART II REINVENTING HUMAN RIGHTS TOOLS AND APPROACHES 5 Racial segregation, water disconnection and human rights litigation: An examination of the use of law to challenge structural racism in Detroit and Johannesburg 81 Jackie Dugard 6 The right to consultation is a right to be heard 103 Dina Lupin and Leo Townsend 7 Rethinking ‘vulnerability’: Widening the scope to conceptualize ‘vulnerability’ for the human right to water 123 Daphina Misiedjan PART III RELOCATING RIGHTS IN OVERLOOKED SPACES 8 Climate change and human rights in the overseas colonized territories of the state 143 Miriam Cullen and Céline Brassart Olsen 9 Human rights law as a gap-filler: The invisibility of climate vulnerability in international climate change law 159 Linnéa Nordlander PART IV RETHINKING HUMAN RIGHTS AND THE ENVIRONMENT 10 Indigenous knowledge and new materialism 181 Tina Sikka, Elizabeth Mills and Nisha Sikka 11 Decoloni-zation/ality of ‘protected areas’: A South African perspective 209 Clive Vinti 12 The human right to a healthy environment and the rights of racialized groups: Applying critical race theory as a framework for (re)constructing environmental rights through foundational transformation 231 Natalia Urzola Gutiérrez Index 253

Read more less

Book Synopsis

Read more less

Book SynopsisAcross the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass ‘die-ins’ and ‘discobedience’ theatrics in public spaces.Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the ‘climate emergency’, and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice.This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.Trade Review’Extinction Rebellion, children’s climate strikes, Indigenous anti-pipeline protests and proliferating citizen science brigades have lent new urgency to the perennial question of the role of direct action and civil disobedience in struggles for environmental and racial justice. This timely, eclectic, interdisciplinary volume provides invaluable insight into the sources, goals, tactics, prospects and impacts of -- and often draconian governmental reactions to -- these exciting contemporary movements that employ non-violent mass mobilisation to spur action on ecological and social emergencies. It makes a landmark contribution to empirical and theoretical knowledge in this rapidly evolving field.’ -- Stepan Wood, Canada Research Chair in Law, Society & Sustainability, University of British Columbia, CanadaTable of ContentsVolume 11, Special Issue, 2020 Contents: Editorial Introduction Benjamin J. Richardson Articles Can climate activism deliver transformative change: Extinction Rebellion, business & people power Neil Gunningham Cultivating ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver Dana James and Trevor Mack Moral education in the face of orthodoxy – environmental crisis and dissent Francine Rochford Exploring legitimization strategies for contested uses of citizen-generated data for policy? Anna Berti Suman, Sven Schade and Yasuhito Abe Victim, litigant, activist, messiah: the child in a time of climate change Nicole Rogers A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations Corrie Grosse and Brigid Mark Pipelines in the time of Indigenous resurgence Tyler McCreary Interviews XR representatives Claire Burgess and Rupert Reed Green politicians Jonathan Bartley, Paul Manley and Chloe Swarbrick

Read more less

Book SynopsisThis timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses’ compliance with environmental regulation, in particular, could be improved.The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair.Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.Trade Review'The Structure of Regulation delivers a fresh look at regulation and compliance. While keeping one foot solidly planted in conventional accounts of regulation, it takes a substantial step forward by integrating a thoughtful perspective on firm decision-making with a rich conception of regulatory structure. After carefully setting the theoretical stage and mapping the trade-offs presented in crafting regulation that aims for compliance, the book offers a cogent minmax methodology for regulatory design. It is nuanced but clear; provocative yet balanced.' -- Timothy Malloy, UCLA School of Law, US‘A novel analysis of regulatory compliance is on offer in this book. It relates to firms and regulation in ways that might be expected but also in ways that are revealing. A fine contribution.’ -- John Braithwaite, Australia National UniversityTable of ContentsContents: 1. Introduction to The Structure of Regulation 2. Regulation 3. Regulation and rule following 4. Conditions of regulation 5. A revised view of regulation 6. Structural exclusion References Index

Read more less

Book SynopsisThis cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation.Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.Trade Review‘Sindico, Switzer and Qin's prescient volume brings answers to some of the most crucial questions in law, and indeed, in society today. In a comprehensive analysis spanning topics from food and agriculture, to climate change and energy, it demonstrates the importance of understanding the connections between socio-ecological risk, legal innovation and ecological and societal resilience. It should have a place on the bookshelf of all legal scholars.’ -- Elizabeth Kirk, University of Lincoln, UK‘In the face of ongoing and emerging environmental pressures, the foundations of environmental law are rapidly changing, with new actors and new forms of regulation challenging existing preconceptions of how environmental law works. This book offers a timely look into the forces of risk, innovation and resilience underpinning and reflecting these changes. Sindico, Switzer and Qin have successfully brought together a diverse cast of established and early career scholars to shed new light on the dynamic evolution of environmental law.’ -- Harro van Asselt, University of Eastern Finland‘Never has environmental law been more paradoxical; the need for it so obvious whilst its impact seemingly less notable. Society is grappling not only with a wide range of challenges, across multiple sectors but how it confronts them is also changing. As the contributors to this book reveal, searching for answers and new ways of doing things is essential, whilst underlining the continual challenges of human folly. This collection opens up the conversation, revealing new insights and explores some of the ongoing problems.’ -- Duncan French, University of Lincoln, UKTable of ContentsContents: PART I INTRODUCTION 1 Risk, innovation and resilience: moving towards mutual supportiveness 2 Francesco Sindico, Stephanie Switzer and Qin Tianbao PART II INNOVATION 2 Fracking and environmental law for sustainability: an era of global ecological risks and the imperative of legal transformations 15 Patryck de Araújo Ayala and Mariana Carvalho Victor Coelho PART III RISK 3 Innovating societal response to radiation risk: insights from the Fukushima Safecast case 34 Anna Berti Suman 4 Drug pollution from manufacturing, antimicrobial resistance and the importation of pharmaceutical active ingredients from third countries. The European drug safety regime under scrutiny: key legal and institutional aspects, challenges and opportunities 51 Elodie Le Gal PART IV RESILIENCE 5 Evaluating community resilience in promoting ecological and social justice in groundwater governance: lessons from India 75 Stellina Jolly 6 Strengthening the role of traditional leaders for effective local community participation in environmental management in Malawi 93 Gift Dorothy Makanje PART V CLIMATE CHANGE 7 Integrating climate change into impact assessments: key design elements 112 Meinhard Doelle 8 ‘Innovation’ and the law in state reports on climate change action 130 He Xiangbai and Alexander Zahar 9 Climate change law and colonialism: the rights of nature and a hypothetical case for bison person in Canada 148 Laura S. Lynes PART VI ENERGY 10 Community renewable energy for sustainable development 168 Richard Ottinger, Tom Bourgeois, Robert Habermann and Achinthi Vithanage PART VII FRESHWATER 11 The construction of the Três Marias dam and the absence of public policies for the arrival of the waters in the municipality of Morada Nova de Minas in Brazil 190 Mônica Thaís Souza Ribeiro, Izabela Zanotelli Collares and Danuta R. N. de Souza Calazans PART VIII BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND LAND, FOOD AND AGRICULTURE 12 Blockchain technology for food security? Resilience potential and risk identification for the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture 207 Thomas Gils and Christine Frison 13 Synthetic biology and international environmental law: time to move from definition to regulation 226 David Leary PART IX OCEANS 14 Climate proofing ocean governance: a journey through unchartered waters 245 Simone Borg PART X HUMAN RIGHTS 15 A new frontier in human rights law: the proposed third international covenant on the right of human beings to the environment 266 Michel Prieur and Mohamed Ali Mekouar PART XI LITIGATION 16 Resilience and access to climate justice 285 Morgan Eleanor Harris Index

Read more less

Book SynopsisHow might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law?This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative.Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.Table of ContentsContents: Posthuman legalities: New Materialism and law beyond the human Emille Boulot, Anna Grear, Joshua Sterlin and Iván Darío Vargas-Roncancio 1 Articles Re-forming property to address eco-social fragmentation and rift Margaret Davies 13 ‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature Matt Harvey and Steve Vanderheiden 38 Climate change, environmental justice and the unusual capacities of posthumans Nick J Fox and Pam Alldred 59 Posthuman international law and the rights of nature Emily Jones 76 Response-abilities of care in more-than-human worlds Marie-Catherine Petersmann 102 Alter-transitional justice; transforming unjust relations with the more-than-human Danielle Celermajer and Anne Therese O’Brien 125 The practice of multispecies relations in urban space and its potentialities for new legal imaginaries Teresa Dillon 148 Index

Read more less

Book SynopsisAdopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.Trade Review‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’ -- David Boyd, UN Special Rapporteur on human rights and the environment‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’ -- Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’ -- Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’ -- Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’ -- Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South PacificTable of ContentsContents: Editorial Human Rights the Planet: the future of environmental human rights in the European Court of Human Rights Natalia Kobylarz and Evadne Grant 1 Articles Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6 Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review Natalia Kobylarz 16 Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system Jorge Calderón-Gamboa and Julie Diane Recinos 86 Does the European Convention on Human Rights guarantee a human right to clean and healthy air? Litigating at the nexus between human rights and the environment – the practitioners’ perspective Irmina Kotiuk, Adam Weiss and Ugo Taddei 122 The climate change dimension of human rights: due diligence and states’ positive obligations Christina Voigt 152 The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and ‘due diligence’ in climate change cases Monica Feria-Tinta 172 The Strasbourg Principles of International Environmental Human Rights Law – 2022 195

Read more less

Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation.Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water.Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Law will be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes.Trade Review‘Casado Pérez and Larson have created the single best resource for understanding the potential trajectories of water law in the 21st century. From climate change to water markets, from smart cities to legal personhood for rivers and many more topics, leading scholars from around the globe identify the key challenges to water management and paths forward. If you want to understand the breadth of cutting-edge water law topics, read this book.’ -- James Salzman, University of California, Los Angeles, US‘The authors and editorial team led by Professors Vanessa Casado Pérez and Rhett Larson have given readers an outstanding Research Agenda for water law. Based on the team’s wide-ranging expertise, leading colleagues have raised vexing questions to set a research agenda for the resource that is fundamental to life, water. This work has value for students, academics, and practitioners.’ -- Melissa K. Scanlan, Center for Water Policy, University of Wisconsin-Milwaukee, US‘The evolution of domestic and international water law—particularly in a rapidly changing climate—demands universal attention. This astute group of scholars anticipates and dissects most of the key issues requiring water law adaptation in the coming decades. An important guide for water law and policy experts everywhere.’ -- Robert W. Adler, University of Utah, USTable of ContentsContents: 1 Introduction to A Research Agenda for Water Law 1 Vanessa Casado Pérez and Rhett Larson 2 “Giant Steps”: How Technology is Shaping International Water Law 9 Makane Moïse Mbengue and Elena Cima 3 Ensuring Water Security in Brahmaputra Basin: Shift from Conflict to Cooperation 33 Abhishek Chakravarty 4 The Grand Ethiopian Renaissance Dam and Water Law in Africa 59 John Mukum Mbaku 5 Regulatory Journey towards Biological Indicators in Assessing Water Quality 89 Aleksandra Čavoški and Robert Lee 6 Repairing our relationship with rivers: water law and legal personhood 113 Erin O’Donnell 7 The Concept of Water for Indigenous People in Ecuador – How it is Regulated in the Water Law Regime 139 Andrés Martínez-Moscoso and Israel Castro-Enríquez 8 International Water Law and Climate Change 157 Mara Tignino and Tadesse Kebebew 9 Water Law and Municipal Water 185 Alberto Quintavalla 10 Remembering the Ocean in Water Law 205 Robin Kundis Craig 11 Water Markets Agonistes 237 Barton H. Thompson, Jr Conclusions: a research agenda for the water law of the future 267 Vanessa Casado Pérez and Rhett Larson Index 273

Read more less