Public international law: environment Books
Edward Elgar Publishing Ltd Law in the EU's Circular Energy System: Biofuel,
Book SynopsisAdopting a holistic and multidisciplinary approach, this expertly crafted book comprehensively maps out the complex multi-jurisdictional legal landscape pertaining to the EU’s circular energy system. Offering in-depth critical analysis, it identifies several areas of law and policy that require further scholarly inquiry to ensure the creation of an effective policy framework which can facilitate the move from a linear to a circular energy system.In three thematic sections, the expert contributors first examine the interactions between EU law and policy for waste, agriculture, food and forestry. Focus is then drawn to how, when, and by whom the energy sources created from biowaste can become part of the EU’s energy mix. A range of legal instruments that impact the financing of the circular energy system through taxation, EU financing, and state aid are also considered. The book concludes by reflecting on inefficiencies and ineffectiveness caused by these interactions of legal and policy areas related to the circular energy system.This insightful and progressive book will be of great interest to practitioners and policymakers looking to better understand the legal complexities of implementing a circular energy system. It will also prove an essential read for scholars and students interested in environmental law, energy law, European law, and affordable and clean energy studies.Trade Review‘This excellent edited collection makes an important contribution to legal scholarship on making energy supplies sustainable. Its exploration of relationships between the waste, agriculture, food and forestry sectors and the energy sector, of their respective regulatory frameworks, and of related policy and legal contexts shines a light on key interactions for achieving circular economies in the EU and elsewhere. Coverage of legal issues raised by the integration of biofuels and biogases into energy systems and concerning the decarbonisation of heating and transport is also most welcome. The volume's examination of these hitherto underexplored areas will prove useful for scholars both in the EU and also in other jurisdictions who are looking to learn from the EU's experience with developing laws for managing waste streams and exploiting their energy-producing potential. The editors are to be commended for assembling this valuable volume.’ -- Olivia Woolley, Durham University Law School, UK‘This is an impressive book detailing a range of contemporary problems and potential solutions from a cross-sectoral perspective in the paradigm shift from a linear to a circular energy system. By adopting an energy systems perspective, this edited collection provides a much-needed contribution analysing the complex legal and regulatory environment for biofuels and gases in the European Union and their interrelationship.’ -- Sirja-Leena Penttinen, Energy Authority, and UEF Law School, Finland‘Lucila de Almeida and Josephine van Zeben have assembled a top-notch roster of experts to consider EU policies regarding the circular energy system. The result is not just an essential guide to this emerging field, but also a nuanced account of law's role in effecting systemic reform.’ -- Bruce Huber, University of Notre Dame, USTable of ContentsContents: 1 The EU’s circular energy system and the Green Deal 1 Lucila de Almeida and Josephine van Zeben PART I FROM WASTE TO BIOFUELS AND BIOGAS 2 Waste in the circular energy system 17 Geert van Calster 3 Agricultural waste to biofuel and biogas: law and policy 28 Mirta Alessandrini, Edwin Alblas, and Lin Batten 4 Food waste to biogas and biofuel: law and policy 49 Madhura Rao, Aalt Bast, and Alie de Boer 5 Forestry waste to biofuel and biogas: law and policy 70 Elisa Cavallin PART II THE USE OF BIOFUEL AND BIOGAS IN THE CIRCULAR ENERGY SYSTEM 6 From gas to biogas from biowaste: heating, power generation, and cogeneration 103 Maciej M Sokołowski 7 Sustainable biofuels and gaseous biomass fuels from biowaste in the EU transport sector 129 Piero Carlo dos Reis, Phillip Lugmayr, and Benjamin Gomado 8 Methane emission in a circular economy 160 Maria Olczak and Andris Piebalgs PART III CROSS-SECTORAL ISSUES 9 The Energy Tax Directive reform 182 Álvaro Antón Antón 10 EU law and policy shaping supranational and national investment in biofuel and biogas transition 205 Agnieszka Smoleńska 11 Energy State aid 226 Allard Knook 12 Renewable support schemes and Guarantees of Origin applied to renewable energy regulation 239 Alberto Pototschnig and Ilaria Conti 13 The (in)coherence–(in)effectiveness nexus of the EU’s circular energy system 261 Lucila de Almeida and Josephine van Zeben Index 269
£110.00
Edward Elgar Publishing Ltd Advanced Introduction to International Water Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas.This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources.Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.Trade Review‘Owen McIntyre's book provides a detailed analysis of the evolution of international water law over the past decades, illuminating the complexities surrounding the management and protection of water resources. It represents a valuable guide for academics and practitioners interested in international water law and the sustainable governance of shared natural resources.’ -- Mara Tignino, University of Geneva, Switzerland‘By providing an artful and comprehensive introduction to an area of international law that is only likely to become more critical in the years to come, Advanced Introduction to International Water Law is a valuable contribution. Professor Owen McIntyre, a leading authority in this area, is to be commended for providing such an accessible account of this fast-evolving area of international law.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘In his typical eloquent style Professor McIntyre provides an accessible introduction to international water law. The book presents the latest trends in this field and explores the important questions of equity, fragmentation and convergence. For anyone interested in international water law and how it fits into the broader development context and contributes to the achievement of the Sustainable Development Goals, this is the book to read.’ -- Christina Leb, The World Bank
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to International Water Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas.This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources.Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.Trade Review‘Owen McIntyre's book provides a detailed analysis of the evolution of international water law over the past decades, illuminating the complexities surrounding the management and protection of water resources. It represents a valuable guide for academics and practitioners interested in international water law and the sustainable governance of shared natural resources.’ -- Mara Tignino, University of Geneva, Switzerland‘By providing an artful and comprehensive introduction to an area of international law that is only likely to become more critical in the years to come, Advanced Introduction to International Water Law is a valuable contribution. Professor Owen McIntyre, a leading authority in this area, is to be commended for providing such an accessible account of this fast-evolving area of international law.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘In his typical eloquent style Professor McIntyre provides an accessible introduction to international water law. The book presents the latest trends in this field and explores the important questions of equity, fragmentation and convergence. For anyone interested in international water law and how it fits into the broader development context and contributes to the achievement of the Sustainable Development Goals, this is the book to read.’ -- Christina Leb, The World Bank
£22.95
Edward Elgar Publishing Ltd Ocean Carbon Dioxide Removal for Climate
Book SynopsisExamining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise.This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment.This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.Table of ContentsContents: 1 Introduction 1 Romany M. Webb PART I OCEAN CDR PRIMER 2 The role of ocean CDR in mitigating climate change 12 Michael B. Gerrard 3 Ocean CDR approaches 20 Romany M. Webb and Korey Silverman-Roati PART II THE INTERNATIONAL LEGAL FRAMEWORK FOR OCEAN CDR 4 Jurisdiction over the oceans 41 Romany M. Webb 5 International laws governing ocean CDR 47 Romany M. Webb, Korey Silverman-Roati and Michael B. Gerrard PART III DOMESTIC LAWS GOVERNING OCEAN CDR 6 Canada 86 David L. VanderZwaag, Kevin P. Berk, and Sara L. Seck 7 China 131 Keyuan Zou and Lei Zhang 8 Germany 164 Alexander Proelss and Robert C. Steenkamp 9 The Netherlands 196 Panos Merkouris, Frans Nelissen, and Medes Malaihollo 10 Norway 227 Catherine Banet 11 United Kingdom 255 Catherine Redgwell 12 United States 278 Romany M. Webb, Korey Silverman-Roati, and Michael B. Gerrard 13 Conclusion 310 Korey Silverman-Roati and Romany M. Webb Index
£120.00
Edward Elgar Publishing Ltd The Impact of Environmental Law: Stories of the
Book SynopsisThis cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-AlbinTrade Review'This uplifting compilation of environmental law success stories from all over the world offers hope, guidance, and inspiration - a welcome antidote to the paralyzing despair that pervades so many conversations about our increasingly damaged planet.' --Carmen G. Gonzalez, Seattle University School of Law, USTable of ContentsContents: List of contributors vi Foreword: Changing the Story by Antonio Oposa, Jr. viii Acknowledgements x 1 Introduction: the need to rethink environmental laws 1 Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin 2 Getting the lead out: the phase-out of gasoline lead additives – a global environmental success story 8 Robert V. Percival 3 Caring for our oceans and their biodiversity 30 Trevor Daya-Winterbottom 4 The Charter of the Forest: evolving human rights in nature 54 Nicholas A. Robinson 5 Implementation of obligations for wetland and waterfowl conservation under the Ramsar Convention: lessons and options at the Sakumo Lagoon, Ghana 75 David Estrin, Freedom-Kai Phillips and Theodore Nsoe Adimazoya 6 Ecosystem-based approaches to climate change adaptation and disaster risk reduction in law and policy: prospects for transformative flood risk management in Australia 100 Anita Foerster 7 Public housing in Singapore: a success story in sustainable development 128 Lye Lin-Heng 8 A perfect storm: how China’s Taizhou case marks the beginning of a new era of environmental enforcement 154 Amy Pickering and Yanmei Lin Index 174
£36.05
Edward Elgar Publishing Ltd Promoting Renewable Energy: The Mutual
Book SynopsisThis incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.Trade Review‘Alessandro Monti’s Promoting Renewable Energy takes us to the center of the battle to address climate change – the policy push to establish a renewable energy economy. With deep insight and careful analysis of how international trade law intersects with the global climate change regime, Professor Monti lays out a principle of “mutual supportiveness” that might reduce trade disputes related to clean energy and pave the way for success in achieving net-zero greenhouse gas emissions by 2050. Essential reading for trade and climate change policymakers, lawyers, scholars, and all those who care about a sustainable future.’ -- Dan Esty, Yale University, US‘The transition to net zero requires action from all sorts of international institutions, including international trade law. Alessandro Monti’s timely account of trade law’s role in promoting renewable energy offers a rich analysis of the extent to which climate and trade rules can be considered mutually supportive, and offers clear suggestions for reform.’ -- Harro van Asselt, University of Eastern Finland Law School, FinlandTable of ContentsContents: 1. Introduction to Promoting Renewable Energy: The Mutual Supportiveness of Climate and Trade Law 2. Regime interaction and the emerging principle of mutual supportiveness 3. International climate and trade law: mapping the regimes 4. The promotion of renewable energy in climate and trade law 5. International trade disputes on discriminatory renewable energy subsidies 6. International trade disputes on unilateral trade remedies 7. Enhancing mutual supportiveness in international trade agreements: opportunities and challenges 8. Conclusions References. Index
£106.58
Edward Elgar Publishing Ltd Urban Climate Resilience: The Role of Law
Book SynopsisThis significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures.A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect.Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.Trade Review‘Urban form, function and governance must urgently adapt in and for a new normal where disasters, crises and other socio-economic stressors are no longer temporary states of exception. Through its rich engagement with how laws that underlie, structure and enable resilient urban life are made, implemented and lived within an array of cities over the world, this volume constitutes an integral theoretical building block of urban adaptation and resilience.’ -- Marius Pieterse, University of the Witwatersrand, South AfricaTable of ContentsContents: Foreword by Gianluca Crispi xiv 1 Introduction to climate resilient cities and the law 1 Angela van der Berg and Jonathan Verschuuren 2 The role of international law in enhancing urban climate resilience 20 Esmé Shirlow 3 Legislating for urban climate resilience: the case of Amsterdam 44 Sol Maria Halleck Vega and Josephine van Zeben 4 Indian cities’ climate resilience: what role for transnational environmental law? 70 Tuula Honkonen 5 Enabling urban climate action in Accra, Ghana: policy pathways and advances toward urban climate resilience 104 Michael Addaney 6 Resilience justice and adaptive law in European cities 124 Craig Anthony (Tony) Arnold and Tiago de Melo Cartaxo 7 Room available: an overview of the literature on urban private property adaptation law 150 Joris van Laarhoven 8 Strategic adaptation to climate change: a legal comparative study of Lyon and Montréal with a focus on urban heat islands 191 Emma Novel 9 Advancing climate resilience in US cities through green infrastructure by leveraging their dual roles as regulator and regulated under the US Clean Water Act 221 Robert Weinstock 10 The climate change mitigation and adaptation imperative in South Africa’s Spatial Planning and Land Use Management Act, 2013 (SPLUMA) 253 Jeannie van Wyk and Mark Oranje 11 Good governance and flood management in Jakarta 277 Natalia Yeti Puspita 12 Racing to defeat climate change on reluctant roads: autonomous vehicles, urban climate resilience, and legal reform 306 Tracy Hresko Pearl 13 Shared mobility towards urban climate resilience in the city of Johannesburg 326 Angela van der Berg and Anél du Plessis 14 Urban warfare: expanding legal approaches to urban climate policy in the United States 359 M Alexander Pearl Index
£130.00
Edward Elgar Publishing Ltd Non-doctrinal Research Methods in Environmental
Book SynopsisThis timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of lawand policy, leading to more effective legal protection for the environment.Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental lawresearchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods. Non-doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers. Table of ContentsContents: 1 Introduction: Non-doctrinal Research Methods in Environmental Law 1 Paul Martin 2 Non-doctrinal legal research to advance urban sustainability in the southern African context 20 Anél du Plessis 3 Objective evaluation of environmental law 38 Paul Martin and Solange Teles da Silva 4 Futures methods for environmental law research 57 Natalie P. Stoianoff, Paul Martin and Michelle Lim 5 Economics methods in non-doctrinal environmental law research 82 Michael Faure 6 Feminist methods in environmental law research 97 Solange Teles da Silva, Marcia Leuzinger and Patrícia Bertolin 7 The limits of social science research in environmental law analysis 113 Colin Crawford 8 Using adaptive theory and multi-modal case study methods in environmental law research 130 Cameron Holley, Amanda Kennedy, Alice Bleby and Carley Bartlett 9 Systems methods in non-doctrinal environmental law research 154 Paul Martin and J. B. Ruhl 10 Legislative argumentation: Study of the Federal Executive Power Decrees combating deforestation of the Amazon Rainforest from 2019 to 2020 176 Mariana Barbosa Cirne and Lorene Souza 11 Sustaining ongoing environmental law research teams and programs 200 Paul Martin and Andrew Lawson 12 Bibliometric approaches in non-doctrinal research 219 Maria Luiza A Luz, Andrew Lawson and Paul Martin 13 Non-doctrinal methods: Fundamental challenges and possible directions 234 Paul Martin, Andrew Lawson, Solange Teles da Silva, Marcia Leuzinger and Miriam Verbeek Index
£105.00
Edward Elgar Publishing Ltd Feminist Frontiers in Climate Justice: Gender
Book SynopsisFeminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all.This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women’s mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.Trade Review‘Hearty congratulations to the authors of Feminist Frontiers in Climate Justice for exposing the gender discriminatory dimensions of climate injustices. The best way to honor this book is to read it and ask how we can bring feminist perspectives to the development of mitigation and adaptation strategies necessary to achieve climate justice.’ -- Rebecca Cook, University of Toronto, CanadaTable of ContentsContents: Introduction – Feminist Frontiers in Climate Justice: Rights, climate change and gender equality 1 Cathi Albertyn, Helena Alviar García, Meghan Campbell, Sandra Fredman and Marta Rodriguez de Assis Machado 1 The inequality of climate change and the difference it makes 17 Shreya Atrey 2 A critical evaluation of inter-generational equity and its application in the climate change context 40 Kate Wilkinson Cross 3 A feminist critique on gender based violence in a changing climate: Seeing, listening and responding 68 Rowena Maguire 4 A greener CEDAW: Adopting a women’s substantive equality approach to climate change 90 Meghan Campbell 5 The world of work: A green and feminist future? 116 Sandra Fredman 6 Radical connectedness: Reproductive rights, climate justice and gender equality 138 Cathi Albertyn 7 Gender equality and climate change in plural legal contexts: A critical analysis of Kenya’s law and policy framework 165 Patricia Kameri-Mbote and Nkatha Kabira 8 Climate change and gender in Colombia: Exploring female led struggle in the flower industry 188 Helena Alviar García and María Carolina Olarte-Olarte 9 The value of litigation to women environmental human rights defenders in South Africa 213 Lisa Chamberlain 10 ‘Grass in the cracks’: Gender, social reproduction and climate justice in the Xolobeni struggle 246 Beth Goldblatt and Shireen Hassim 11 Indigenous women against Bolsonaro’s government in Brazil: Resisting right-wing authoritarianism and demanding climate justice 268 Marta Machado, Denise Vitale and Danielle Rached Index
£115.00
Edward Elgar Publishing Ltd Research Handbook on Polar Law
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
£46.50
Edward Elgar Publishing Ltd Defining Disaster: Disciplines and Domains
Book SynopsisThis timely book unpacks the idea of ‘disaster’ from a variety of approaches, broadening understanding and improving the usability of this complex and often contested concept. Including multidisciplinary perspectives from leading and emerging scholars, it offers reflections on how the concept of disaster has been shaped by and within various fields of research, providing complementary and thought-provoking comparisons across many domains.Functioning as an important point of reference between and across disciplines, chapters explore the forces and building blocks of disaster and how these are interpreted, providing opportunities for dialogue between multiple points of view. The book concludes with a broader, integrated discussion of the aspects of disaster research covered, putting forward suggestions for further cooperation between disciplines and a future research agenda.Defining Disaster will be a fascinating read for disaster researchers in disciplines including law, sociology, and social and public policy who wish to improve their understanding of how their work maps onto the wider field. It will also be beneficial for policy makers and practitioners in this area looking for a rounded view of contemporary cross-disciplinary research on the subject.Trade Review‘Bringing together anthropology, geography, social work, and law, among other disciplines, this new edited book from Aronsson-Storrier and Dahlberg tackles a critical issue in an era of climate change, extreme weather events, and man-made shocks: how to define a disaster. Rather than providing easy answers, each chapter contributes a different perspective on this topic, some universal, and others quite specific. This book would serve as an ideal discussion piece for undergraduates and graduate students alike.’ -- Daniel P. Aldrich, Northeastern University, USTable of ContentsContents: Preface xv 1 On disaster: disciplines, domains and definitions 1 Marie Aronsson-Storrier and Rasmus Dahlberg 2 Prologue: the sociology of disaster – a US perspective on the transformational conceptualization embedded in a discipline 9 Tricia Wachtendorf PART I DISCIPLINES 3 Disaster anthropology: vulnerability, process and meaning 30 Kristoffer Albris 4 Keep the curtains drawn! Event, process and disaster in international law 45 Marie Aronsson-Storrier 5 Positioning social work in relation to disasters: a social notion running along a continuum 58 Carin Björngren Cuadra 6 Defining the role of public health in disasters and emergency management 72 Kevin Blanchard 7 Disaster in engineering and earthquake science 90 Sólveig Thorvaldsdóttir 8 Defining disaster in volcanology 107 Jazmin P. Scarlett, Ailsa Naismith and Ashleigh Rushton PART II DOMAINS 9 Whose views matter? Navigating insiders’ and outsiders’ understanding of disasters 123 Loïc Le Dé and J.C. Gaillard 10 Drought, famine and disasters 140 Olivier Rubin 11 Defining disasters through international space governance 157 Nathan Clark 12 Disaster definitions from an Arctic perspective 176 Natalia Andreassen and Rebecca Pincus 13 Disaster movies: definitions, filmography and three analyses 194 Rasmus Dahlberg and Uta Reichardt 14 Systemic disasters: considering the whole and not constituent parts 212 Livhuwani Nemakonde 15 Epilogue: what are disasters not? 228 Ilan Kelman Index
£104.00
Edward Elgar Publishing Ltd The Future of Animal Law
Book SynopsisThis unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a ‘right of place‘ is proposed and developed.The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.Trade Review‘This impressive book brings together and adds to the unique, creative, and thoughtful legal possibilities David Favre has posited for achieving meaningful improvements in the lives of animals. Built on a carefully argued ethical framework and focussing on companion animals - especially dogs - as a means of emotional and political engagement - Favre addresses a significant gap in much animal law scholarship. He is able to shift from a diagnosis of shortcomings in the law affecting animals to a rich account of a host of legal reforms - both modest and significant - which might be pursued. The book is highly readable, clear-sighted, and ultimately optimistic about the prospects of legal change for the betterment of the animals with which we share our lives and the planet.‘Table of ContentsContents: 1. Introduction to The Future of Animal Law : it’s a dog’s world 2. The arc of history: anti-cruelty, animal welfare, and animal rights 3. The modification of property law 4. The ethical framework for legal rights 5. Green shoots in law for companion animals 6. Animals in international law 7. Sovereign power and constitutional law in developing animal law 8. New legislation for the animals 9. Animal action in the courts 10. Private actions concerning ownership of animals 11. Final thoughts on the future of animal law Index
£88.00
Edward Elgar Publishing Ltd Climate Change Law: An Introduction
Book SynopsisThis timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation.Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.Trade Review‘In their introduction, the authors state that “[h]elping individuals [ ... ] to develop climate change law literacy is the raison d'être of this book,” a goal they accomplish admirably. This relatively slim reader opens doors to deeper discovery and inquiry by providing a solid foundation and understanding of the extremely complex sets of legal, political, and economic dynamics involved in any effort to address the transnational and existential problems associated with an anthropogenically warming planet. Climate Change Law: An Introduction would make a great choice for a textbook for a climate change or environmental law seminar, and would also serve as a compact but highly informative resource for practitioners, policymakers, students, and others who wish to obtain a thorough grounding in the current state of climate change laws and policies.’BR> -- Jennifer E. Sekula, International Journal of Legal Information‘It is a challenge to write a textbook on climate change law because the field changes so rapidly. These authors have masterfully pulled together principles that serve as the backbone of the field while integrating recent case law and international agreements. The authors present foundational elements of mitigation, adaptation, energy, and human rights, and then help us recall the importance of private actors and the ethical challenges lawyers must face in this changing world.’ -- Jessica Owley, University of Miami School of Law, US‘This book could not be more timely – it is a comprehensive yet concise and accessible analysis of the multifaceted and complex area of climate change law. It is a rare combination of an analysis of international and U.S. law, mitigation and adaptation, state and non-state responsibilities, climate litigation, human rights, as well as individual, ethical considerations, demonstrating, in all of these areas, where the law stands today, as well as providing a glimpse as to where it is likely to evolve. A fantastic resource on climate change law!’ -- Lisa Benjamin, Lewis & Clark Law School, US‘Both lawyers and non-lawyers often ask me what to read for a concise introduction to the U.S. and international laws that are relevant to climate change. Now I have something to enthusiastically recommend. This book is a terrific primer on a complex and rapidly evolving area of law. It shows how courts, legislatures, and executives are addressing (or not) one of humanity's greatest challenges. Even experts will find it a useful refresher.’ -- Michael B. Gerrard, Columbia Law School, USTable of ContentsContents: Introduction to Climate Change Law 1. International Climate Change Treaty Regime 2. Climate Law Primer: Mitigation Approaches 3. Introduction to Energy Law 4. Adaption to Climate Change at the Subnational Level 5. Litigating Government (In)Action on Climate Change 6. Human Rights and Climate Change 7. Legal and Policy Levers to Prompt Action by Private Climate Change Actors 8. Introduction: Why the Individual Ethics of Greenhouse Gas Emissions Matters to Climate Law Index
£90.00
Edward Elgar Publishing Ltd The Lens of Ecological Law: A Look at Mining
Book SynopsisContaining an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.Trade Review'Carla Sbert's book, The Lens of Ecological Law, is a foundational text for the emerging field of ecological law and governance. Not only is it the first book to offer an expansive overview and analysis of the principles of ecological law, but it applies those principles to one of the most pertinent industries to existing environmental law - the extractive industry. This book is crucial reading for academics and practitioners that seek to address the systemic and institutional flaws of existing environmental law, and their search towards a more responsive, sustainable, and just system of governance that better protects our interconnected, interdependent world.' --Kathryn Gwiazdon, Center for Environmental Ethics and Law, US'''Ecological law'' reframes ''environmental law'' and this book shows its theoretical and practical superiority. Through the lens of ecological law, we can clearly see why traditional environmental laws have failed and how domestic and international law must be advanced to protect and restore the integrity of ecological systems, for example, in the context of mining. The book is an impressive testimony to the fact that a just, sustainable society is possible and, crucially, how it can be achieved.' --Klaus Bosselmann, University of Auckland, New ZealandTable of ContentsContents: 1. Introduction: How Far to Ecological Law? A Look at Mining through the Lens of Ecological Law Part 1 – The Emerging Theory of Ecological Law 2. Underpinnings of Ecological Law 3. Converging Proposals for a New Approach: Selected Foundational Scholarship on Ecological Law 4. Defining Ecological Law 5. The Ecological Law Paradigm Shift 6. Ecological Law and Indigenous Legal Traditions 7. Ecological Law and Green Legal Theory Part II – The Lens of Ecological Law 8. What Qualifies as a Principle of Ecological Law for Purposes of the Lens of Ecological Law? 9. The Lens of Ecological Law: Three Core Principles Part III – Mining Case Studies through the Lens of Ecological Law 10. Introduction to Case Studies 11. El Salvador’s Metal Mining Ban through the Lens of Ecological Law 12. Mining in Canada’s Ring of Fire through the Lens of Ecological Law 13. Mining, Rights of Nature and Suma Qamaña/Vivir Bien in Bolivia through the Lens of Ecological Law 14. Conclusion Index
£94.00
Edward Elgar Publishing Ltd Natural Capital, Agriculture and the Law
Book SynopsisThrough an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital.Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.Trade Review‘Using Australia as the primary case study, Natural Capital, Agriculture and the Law provides what is unquestionably the most complete and up-to-date assessment of the role law can play to advance the use of natural capital and ecosystem services economics and ecology in a wide array of policy domains, from market-based instruments to regulation to international trade and environmental law. It is indispensable reading not only for those new to the concepts of natural capital and ecosystem services, but also to those who have followed these themes closely since their appearance on the environmental policy stage 25 years ago.’ -- J.B. Ruhl, Vanderbilt University Law School, US‘This book is essential reading for developing effective and feasible approaches to natural capital governance. Property rights regimes and legal frameworks need to co-evolve to better support participatory valuation and conservation of natural capital stocks as common assets. The sustainable well-being of humanity and the rest of nature depends on it.’ -- Robert Costanza, University College London, UKTable of ContentsContents: PART I EXISTING CHALLENGES 1. Introduction: natural capital and the role of law 2. Negotiating existing property rights regimes 3. Digital technologies, decision-making and data governance PART II REGULATORY INSTRUMENTS 4. Market-based instruments, ecosystem services and natural capital 5. Natural capital governance through regulation PART III THE GLOBAL CONTEXT 6. International trade rules and values to support natural capital 7. Recognising natural capital through international environmental law 8. The law and future pathways for natural capital Index
£94.00
Edward Elgar Publishing Ltd The Impact of Environmental Law: Stories of the
Book SynopsisThis cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-AlbinTrade Review'This uplifting compilation of environmental law success stories from all over the world offers hope, guidance, and inspiration - a welcome antidote to the paralyzing despair that pervades so many conversations about our increasingly damaged planet.' --Carmen G. Gonzalez, Seattle University School of Law, USTable of ContentsContents: List of contributors vi Foreword: Changing the Story by Antonio Oposa, Jr. viii Acknowledgements x 1 Introduction: the need to rethink environmental laws 1 Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin 2 Getting the lead out: the phase-out of gasoline lead additives – a global environmental success story 8 Robert V. Percival 3 Caring for our oceans and their biodiversity 30 Trevor Daya-Winterbottom 4 The Charter of the Forest: evolving human rights in nature 54 Nicholas A. Robinson 5 Implementation of obligations for wetland and waterfowl conservation under the Ramsar Convention: lessons and options at the Sakumo Lagoon, Ghana 75 David Estrin, Freedom-Kai Phillips and Theodore Nsoe Adimazoya 6 Ecosystem-based approaches to climate change adaptation and disaster risk reduction in law and policy: prospects for transformative flood risk management in Australia 100 Anita Foerster 7 Public housing in Singapore: a success story in sustainable development 128 Lye Lin-Heng 8 A perfect storm: how China’s Taizhou case marks the beginning of a new era of environmental enforcement 154 Amy Pickering and Yanmei Lin Index 174
£89.00
Edward Elgar Publishing Ltd Environmental Norms in Maritime Law
Book SynopsisThis timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact.Scholars and students of maritime and environmental law will find this book’s analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping.Trade Review‘Michael Tsimplis has written a carefully calibrated book that will appeal to a wide range of audiences, all of whom can engage with this study at different levels. He has assembled the many relevant and related materials astutely to produce a comprehensive yet balanced treatment of the conjunction between environmental norms and the main elements of maritime law. Tsimplis has provided a great service to all of us who work in related legal areas and cognate disciplines. This major effort is a true success and fully deserves to be commended to all legal academics and practitioners interested to know how environmental norms are being integrated within other fields of law across the entire discipline.’ -- David M. Ong, The IUCN AEL (Academy of Environmental Law) Journal of Environmental Law‘This is an important book, which deals with a key question of our time – whether the norms designed to ensure environmental protection and environmental sustainability of maritime transport are fit for purpose. To answer this question, the author draws on his unique multidisciplinary background and insights as both a Professor of Maritime Law and renowned Oceanographer, who understands the marine environment and its interactions with shipping better than most. [...] The book is highly recommended for anyone with an interest in maritime law and the environment and makes a genuine contribution to the field.’ -- Regina Asariotis, United Nations Conference on Trade and Development (UNCTAD), Geneva, SwitzerlandTable of ContentsContents: Preface 1. Introduction to Environmental Norms in Maritime Law 2. The environmental impacts of shipping 3. The governance of international shipping 4. On environmental and maritime norms and principles 5. Environmental norms in the negotiations at the International Maritime Organization 6. Environmental norms in maritime conventions 7. Implementation and enforcement of environmental regulations 8. Environmental norms in maritime contracts 9. Enforcement of environmental claims 10. Limitation of liability for environmental claims 11. Governance for sustainable development Index
£109.00
Edward Elgar Publishing Ltd Research Handbook on Fundamental Concepts of
Book SynopsisThis expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.Perceptive contributions examine the emerging roles played by a range of concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.Table of ContentsContents: PART I INTRODUCTION 1 The jurisprudential structure of environmental law 2 Douglas Fisher 2 A normative approach to environmental governance: sustainability at the apex of environmental law 23 Klaus Bosselmann 3 From protection to restoration: a challenge for environmental governance 45 Afshin Akhtar-Khavari and Anastasia Telesetsky 4 Transnational environmental law: the birth of a contemporary analytical perspective 71 Caiphas B. Soyapi and Louis Kotzé 5 Economic approaches to environmental governance: a principled analysis 94 Michael Faure 6 Human rights and the environment: a tale of ambivalence and hope 123 Anna Grear 7 A constitutional human right to a healthy environment 141 Nicholas Bryner 8 Rights of nature: a critique 164 Peter Burdon and Claire Williams PART II THE DEVELOPING INTERNATIONAL LAW REGIME 9 The development of international environmental law by the International Court of Justice 184 Tim Stephens 10 The relative normativity of international environmental law 205 Niko Soininen and Seita Romppanen 11 The principle of sustainable development as a legal norm 228 Jonathan Verschuuren 12 The concept of the common heritage of mankind 252 Prue Taylor PART III CONCEPTUAL APPROACHES TO THE ACHIEVEMENT OF ENVIRONMENTAL GOALS 13 Environmental policy integration: the importance of balance and trade-offs 277 Jørgen K. Knudsen and William M. Lafferty 14 The role played by policy objectives in environmental law 301 Chris McGrath 15 The functions of rights of property in environmental law 318 David Grinlinton 16 Environmental impact assessment: ‘setting the law ablaze’ 339 Elizabeth Fisher 17 The precautionary principle in environmental governance 361 Annecoos Wiersema 18 The status of environmental principles in environmental law 381 Eloise Scotford 19 The conceptual foundations of climate change law 406 Benoit Mayer 20 The judicial development of ecologically sustainable development 427 Brian J. Preston Index
£224.00
Edward Elgar Publishing Ltd Effective Global Carbon Markets: Networked
Book SynopsisAs numerous jurisdictions implement emissions mitigation mechanisms that put a price on carbon, this incisive book explores the emerging emissions markets and their diverse and fragmented nature. It proposes an innovative model for connecting such markets, offering a significantly more successful and expeditious achievement of climate policy objectives. Justin D. Macinante proposes distributed ledger technology to foster fluid markets that price carbon emissions more effectively, achieve greater scale and efficiency, and are less susceptible to manipulation. He investigates the applicable regulatory frameworks, technology design issues and governance structures for the model proposed for networking emissions trading schemes within the context of the Paris Agreement. Providing a plausible and viable mechanism to achieve desired policy outcomes with economic, political and environmental benefits, Effective Global Carbon Markets will be a key resource for practitioners, policy makers and consultants alike, as well as being of value to scholars and students engaged with environmental and energy law, climate change and environmental economics.Trade Review'This is a ground-breaking book. It offers a wonderful combination of cutting-edge research with practical engagement on a profound question in climate change policy: how in reality to foster international carbon pricing. It starts from the right premise, of inevitably different systems emerging from governments around the world - and shows how modern information technology could be applied to solve the practical and political conundrum of how they could then be linked.' --Michael Grubb, University College London, UK'Blockchain has become a buzzword of late, including in the realm of climate policy. Its appeal stems as much from a vague promise to revolutionize complex processes as from the fact that it is often barely understood. Not so in this new book by Justin Macinante: as one of the very few experts who combine practical experience in carbon trading with critical analysis of distributed ledger technology, he offers a bold vision for the future of market-based climate cooperation that is backed up by unparalleled technical detail. A pioneering treatise that will set the standard for all future work on the topic.' --Michael Mehling, Massachusetts Institute of Technology, US'Carbon markets, where properly designed and adopted, have proved an effective mechanism to address climate change. However, with the exception of certain mechanisms under the Kyoto Protocol, their implementation has tended to be largely fragmented. Macinante provides an effective pathway for linking global carbon markets, reminding us that ultimately such markets, and their role in addressing climate change, should be seen as a central part of our global financial system.' --Martijn Wilder, Founding Partner, Pollination GroupTable of ContentsContents: PART I Introductory matters and background 1. Introduction to effective global carbon markets 2. Background: the problem of and response to climate change PART II The carbon market from three perspectives 3. Compartmentalisation of the carbon market 4. The nature of what is traded in the carbon market 5. Carbon market diversity and reasons to connect PART III 6. The networked market on distributed ledger technology – concept and theory 7. Practical implementation of the proposed networked market PART IV Analysis of the proposal 8. Governance structure for the networked market 9. Analysis of the networked market – legal issues PART V Concluding matters 10. Conclusions on effective global carbon markets Index
£99.00
Edward Elgar Publishing Ltd Animal Welfare and International Trade Law: The
Book SynopsisThis thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights.Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.Trade Review‘This book provides the broad and rich social, legal, cultural, and economic context needed to examine the growing presence of animal welfare as a concern of international law. The author has identified the Seal case of the WTO as a tipping point for the realization of animal welfare as a legitimate topic within international law. In doing so the author provides a comprehensive scholarly discussion of basic questions such as what is international law and how does it arise?’ -- David Favre, Michigan State University, USTable of ContentsContents 1. Introduction to Animal Welfare and International Trade Law 2. The sea change of seal products 3. Legal theory, international law, and animal welfare 4. Global animal law 5. The international trade regime 6. Before Seal Products : trade, conservation, and animal welfare 7. The Seal Products case 8. New trade agreements and animal welfare 9. Conclusion to Animal Welfare and International Trade Law Index
£88.00
Edward Elgar Publishing Ltd Dictionary of Environmental Law
Book SynopsisThis new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries.Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes.This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.Trade Review'There is no shortage of recent dictionaries covering environmental law on reference shelves. What distinguishes this titles is its inclusive coverage of the international scene. For example, where all environmental law dictionaries have an entry for acid rain, Gilpin's Dictionary informs the reader about acid rain problems in Sweden, Norway, Germany and The Netherlands in addition to the United States and Canada. This Dictionary is useful, with balanced coverage of environmental issues throughout the world. . . due to its global inclusiveness and clear, nontechnical language, this dictionary should prove very useful on shelves of all types of libraries and for environmental, political, and legal practitioners.' -- Georgia Briscoe, American Reference Books Annual 2002'Gilpin addresses the elements of environmental law with an indispensable survey of the subject. . . . The strength of this dictionary lies in its international coverage. . . . Language is nontechnical and easily accessible to general readers. . . . Gilpin is recommended for those libraries and individuals interested in international environmental law.' -- S.R. Moore, Choice'I thought Gilpin's work was excellent. The coverage was thorough and extremely helpful without getting overly bogged down in unnecessary details. I also felt that there was a very useful balance between national coverage (as of European Union and United States statutes, concepts and cases) and international agreements. I am certain that scholars, political decision makers, legal practitioners, environmental activists and reference libraries will want to have Gilpin handy. It may well become an indispensable reference work in environmental law and policy.' -- Thomas S. Ulen, University of Illinois, US
£171.00
Edward Elgar Publishing Ltd Designing International Environmental Agreements:
Book SynopsisThe international character of today's most pressing environmental problems has become a key challenge for environmental policy making. As regulation by a supranational authority is not a realistic option at present, policymakers have to rely on decentralized approaches to the management of international environmental resources.This study combines two core dimensions of international environmental policy: the traditional search for cost-effective policy instruments and the creation of incentives for voluntary cooperation among sovereign nations. The analysis offers some clear-cut policy recommendations for the design of environmental treaties and for the further development of existing international institutions to protect the global environment.Table of ContentsContents: Preface 1. Introduction 2. International Environmental Problems 3. Cost-effectiveness 4. Incentive Compatibility 5. Enforcement and Side Payments 6. Financing Incremental Abatement Costs under Asymmetric Information 7. Institutions for the Global Environment 8. Summary and Outlook Appendix Bibliography Index
£103.00
Edward Elgar Publishing Ltd Global Environmental Problems and International
Book SynopsisThe ozone layer is threatened by chemical emissions, the climate is endangered from fossil fuels and deforestation, and global biodiversity is being lost by reason of thousands of years of habitat conversions. Global environmental problems arise out of the accumulated impacts from many years' and many countries' economic development. In order to address these problems the states of the world must cooperate to manage their development processes together - this is what international environmental agreements are designed to do. But can the world's countries cooperate successfully to manage global development? How should they manage it? Who should pay for the process, as well as for the underlying problems? This book presents an examination of both the problems and the processes underlying international environmental lawmaking: the recognition of international interdependence, the negotiation of international agreements and the evolution of international resource management. It examines the general problem of global resource management by means of general principles and case studies and by looking at how and why specific negotiations and agreements have failed to achieve their targets. The book, commissioned by UNCTAD to assist policymakers, especially in developing countries. It will also be of interest to practitioners in the areas of environmental economics and law and to scholars studying global environmental policy making and institution building.Trade Review'This book is important reading for economists and other social scientists and administrators interested in international environmental agreements and their implementation.' -- Raymond Mikesell, The Economic Journal'Negotiating international environmental regimes is traditionally viewed as a task for lawyers and diplomats. This study - commissioned by the secretariat of the United Nations Conference on Trade and Development - takes a fresh look, through an economist's lens.' -- Peter H. Sand, Environment'The presentation of the economic material is first-rate, one of the best summaries of the field that I have read. The writing is clear and crisp, and the theory is leavened with wonderfully instructive examples . . . The book is likely to be the seminal piece in this area.' -- Thomas S. Ulen, University of Illinois at Urbana-Champaign, USTable of ContentsContents: Preface Part I: The Economics of Global Environmental Problems 1. The Limits to Growth 2. Planning for Future Generations 3. Global Development and Global Externalities 4. Relations between Nations Part II: Developing International Environmental Law 5. The Foundations of International Environmental Law 6. Economics of International Environmental Agreements 7. Negotiating International Environmental Agreements 8. The Evolution of International Environmental Agreements 9. Developing International Environmental Law Part III: Principles of International Environmental Law and Lawmaking 10. Principles of International Environmental Law Bibliography Index
£27.50
Edward Elgar Publishing Ltd Environmental Taxes: An Introductory Analysis
Book SynopsisEnvironmental taxes differ from each other according to the functions they serve and the manner in which they are implemented. This study highlights the appropriateness of different kinds of environmental taxes against a rigorous framework of theory and case study evidence.The purpose of this book is to analyse the way in which environmental taxes are categorized and which factors affect the effectiveness and efficiency of the different kinds of environmental taxes in practice. This pragmatic approach is emphasized along with the multiplicity of regulatory problems such as: At what level should the environmental tax rate be set? What is the proper time schedule for introducing an environmental tax? What are the most appropriate taxable characteristics and how should they be determined? What activities should be exempt from environmental taxation? How can tax relief be implemented? These are only some of the regulatory problems explored in this study, which also encompasses an examination of the theory of regulation.The author argues that economists have often paid too little attention to the administrative and legal issues concerning the implementation of legislation, such as environmental tax laws, which are of course vital to the success of any potential policy. Lawyers too have in turn neglected the theory of regulation, which would assist in analysing problems in a future-oriented way.Environmental Taxes will therefore be of great interest to a wide audience of environmental economists, law and economics scholars as well as policymakers.Trade Review'As the intricacies of the intelligent design of environmental taxes have baffled many, including people in power, this book is a welcome addition to the literature. It is clear, concise and correct. . . Kalle Maatta's Environmental Taxes should have a prominent place on the bookshelves of anyone who advises or practises environmental regulation, and it should often be taken from that shelf.' -- Richard S.J. Tol, Review of European Community & International Environmental LawTable of ContentsContents: Preface 1. Introduction 2. Conceptual Framework 3. The Fallacy of Buchanan–Tullock Theorem 4. Regulatory and Fiscal Taxes: Theoretical Considerations 5. Incentive Environmental Taxes 6. Financing Environmental Taxes 7. Environmental Taxes from the Fiscal Point of View 8. Concluding Remarks Bibliography Index
£94.00
Edward Elgar Publishing Ltd Whaling Diplomacy: Defining Issues in
Book SynopsisWhaling Diplomacy is the only book that addresses all of the substantive issues relating to the conservation of whales through the International Whaling Commission (IWC). It covers the law, policy, science and philosophy at the heart of each element of the debate, discussing how it has developed, the current problems that beset it and what is necessary for the future. Together, all of the issues involved in whaling form a single crucible through which the future of conservation in international environmental law is being debated. The intensity of this debate, despite being at the forefront of international environmental problems for over three decades has not dissipated, as ultimately, the clash of values, science and law within whaling diplomacy is one of the key front lines for international conservation in the 21st century. Studying the contemporary developments in international environmental law and policy, this book therefore is not just about whales, but also how related debates are being reflected in other forums.Students of law, politics, environmental economics and philosophy will find this book of great value for it's cutting-edge relevance over the three disciplines. Policymakers will also find it of interest for the insight into one of the most controversial conservation debates of our time.Trade Review'In this impressively informative book, Gillespie attempts to lead the reader through a brief history of commercial whaling, the creation and development of the key international bodies addressing whaling, and the ethical and political dilemmas that make this topic both so revealing and so important to the development of international law. The quest is epic and auspicious. Against the odds, Gillespie manages to capture the substance and the essence of the debate, along with the full attention of the reader . . . As the title promises, Gillespie provides a detailed, carefully documented account of whaling diplomacy. In the process of contributing to our understanding of the legal regime on whaling, however, he also draws our attention to the relationship between whaling law and international environmental law and the importance of viewing international environmental issues within a broader political, legal and ethical context. In all of these ways, the book adds to our understanding of the complexity of developing, implementing and maintaining effective international environmental laws in an ever-changing political and natural environment.' -- Cinnamon Pinon Carlarne, International Journal of Maritime History'This work is well written, authoritatively argued, masterfully thought out, and extensively documented with references from primary sources. . . . Clearly, this volume will be welcomed as an indispensable intellectual resource by laymen, scholars and policymakers alike who are seriously interested in the need for new attitudes dedicated to marshalling diplomatic initiatives for implementing and enforcing effective conservation policies.' -- Christopher C. Joyner, The Law and Politics Book Review'The International Whaling Commission has complex history and deals with fascinating issues in respect of which attitudes have changed markedly since the organisation was founded in 1946. Al Gillespie has been through all the records and knows the story well; even better he knows in practical terms how it works since he has been a distinguished member of the New Zealand delegation to the Commission for years. There can be few who know more about this controversial international body. The book demonstrates excellent research on many fronts and is full of valuable insights on a topic that will only become more important over time.' -- Rt Hon Sir Geoffrey Palmer, former Prime Minister of New Zealand, and current Commissioner for New Zealand to the International Whaling Commission'Gillespie's book is a very valuable study of whaling, which adopted a holistic approach to the subject and which represents a very high standard of academic research. It strikes an excellent balance between theory and practice and therefore, should be of interest for both academics and practitioners. The book addresses all the controversial areas of whaling and offers a solid legal and philosophical background.' -- Malgosia Fitzmaurice, Queen Mary, University of London, UKTable of ContentsContents: Preface Introduction Part I: Numbers and Threats 1. From the Blue-Whale Unit to the Revised Management Scheme 2. Management and Numbers 3. Environmental Threats to Cetaceans and the Limits of the IWC 4. Incidental Capture Part II: Philosophy in International Environmental Law 5. Whaling under Scientific Auspices 6. Humane Killing 7. Non-Lethal Utilization and the Irish Proposal 8. Aboriginal Subsistence Whaling Part III: The Mechanics of International Environmental Law 9. Sanctuaries 10. Small Cetaceans 11. The Primacy of the IWC and Related International Organizations 12. Compliance 13. Reservations to the ICRW 14. Transparency 15. Vote-Buying 16. Finance Part IV: Conclusion 17. Conclusion Index
£164.00
Edward Elgar Publishing Ltd Rethinking Voluntary Approaches in Environmental
Book SynopsisVoluntary approaches, such as corporate codes of conduct, have been widely advocated as alternatives to traditional approaches to environmental regulation. Yet concern remains that companies cannot be trusted to police themselves and that many of the putative advantages of self regulation, such as reduced cost and increased flexibility, have not been realised in practice. The book systematically analyses three initiatives (environmental management systems, the Australian Greenhouse Challenge and the Australian mining industry's Code for Environmental Management) and their contribution to public environmental policy. By moving the debate away from narrow considerations of economic efficiency towards a broader framework that accounts for the multiple goals to which environmental policy needs to be directed, this book significantly enhances our understanding of the role that voluntary approaches can play in achieving environmental policy goals.The book is required reading for all those concerned with the design and implementation of modern environmental policy.Trade Review'Appealing to a wide audience. . . this book makes a worthwhile contribution to the environmental politics literature.' -- Darren McCauley, Environmental PoliticsTable of ContentsContents: Part I: Introduction 1. Introduction 2. Evaluating Environmental Policy Instruments Part II: Literature Review 3. Environmental Policy Instruments Part III: Voluntary Approaches in Australia 4. The Australian Environmental Policy Context 5. Environmental Management Systems 6. The Australian Greenhouse Challenge 7. The Australian Minerals Industry Code for Environmental Management Part IV: Synthesis and Analysis 8. Discussion Bibliography Index
£95.00
Edward Elgar Publishing Ltd Contemporary Issues in International
Book SynopsisThe central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states.The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.Trade Review'. . . this book offers a timely contribution in the field of international environmental law. The way it presents the fundamental principles of international environmental law is innovative. For this, the author gains special credit. She deals with the most fundamental and difficult legal issues in such a pragmatic manner that one will clearly understand the practical difficulties involved in implementing these principles. Readers will particularly benefit from the analytical approach undertaken in this book. . . The book is well researched. The arguments are well rounded and consistent. Students, practitioners and those with a general interest in the fundamental principles underlying contemporary international environmental law alike will enjoy reading this book.' -- Kamrul Hossain, International Journal on Minority and Group Rights'. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject.' -- British Yearbook of International Law'This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance.' -- Priscilla Schwartz, Journal of Environmental Law'This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice's collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law.' -- James Crawford, University of Cambridge, UKTable of ContentsContents: Introduction 1. Precautionary Principle 2. Sustainable Development 3. Intergenerational Equity: A Reappraisal 4. The European Convention on Human Rights and the Human Right to a Clean Environment 5. Conclusions Bibliography Index
£99.00
Edward Elgar Publishing Ltd The Economic Analysis of Environmental Policy and
Book SynopsisAlthough many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style.The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors' view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis.The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners.Trade Review'Sometimes, one has to teach an introductory course, for instance to civil servants, and if you should have the task to teach environmental policy and law, this is the book to recommend. It could really not be more straightforward. . . This is a wonderful introduction, and every conscientious teacher of the subject can successfully build upon it.' -- Jurgen G. Backhaus, European Journal of Law and Economics'This volume would make an excellent textbook for students of both introductory environmental economics and introductory environmental law. The examples of real world legal problems and environmental policies provide the student with the context within which the basic principles of microeconomics come alive. The scope of economic topics covered is broad and impressive, ranging from the notion of marginal cost to the idea of limits to growth. The authors have created a framework within which it is possible for both law students and economics students to learn from each other's disciplines. A truly remarkable achievement.' -- Timothy M. Swanson, University College London, UKTable of ContentsContents: 1. Introduction and Summary Part I: Rights and the Environment 2. Principles of Environmental Policy 3. Exploitation and Protection of Endangered Species 4. Property Rights Part II: Resources, Prices and Sustainable Growth 5. Prices and Markets 6. Market Failures 7. Capital, Investments, Interests and Risks 8. Sustainable Growth Part III: Transaction Costs and the Law 9. The Role of Law 10. Balancing Benefits and Costs 11. Regulation of Industry 12. Land-use Control 13. Tradable Permits, Charges and Deposits Part IV: Risk and Liability 14. Tort Law 15. Limits to Liability 16. Environmental Crime 17. Various Instruments at Various Levels of Government Bibliography Index
£52.20
Edward Elgar Publishing Ltd Implementing the Precautionary Principle:
Book SynopsisThis challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, it explores the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision-making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.Bringing together authors from both policy making and academia and from a wide range of disciplines and jurisdictions, this book will be of interest to academic scholars interested in environmental policy, law and politics.Trade Review'. . . this book represents a welcome addition to the literature on PP and is recommended for readers interested in risk assessment, decision making and the precautionary principle.' -- Krishna Ravi Srinivas, Political Studies ReviewTable of ContentsContents: Preface 1. Implementing the Precautionary Principle: Perspectives and Prospects Elizabeth Fisher, Judith Jones and René von Schomberg PART I: GENERAL IMPLICATIONS OF THE PRECAUTIONARY PRINCIPLE FOR PUBLIC DECISION MAKING 2. The Precautionary Principle and its Normative Challenges René von Schomberg 3. The Role of Science and Precaution in Environmental and Public Health Policy Joel Tickner and David Kriebel 4. The Precautionary Principle and Catastrophism on Tenterhooks: Lessons from Constitutional Reform in France Olivier Godard 5. Precautionary Policy Assessment for Sustainability Stephen Dovers PART II: THE CHALLENGES INVOLVED IN IMPLEMENTING THE PRECAUTIONARY PRINCIPLE 6. The Precautionary Principle and Administrative Constitutionalism: The Development of Frameworks for Applying the Precautionary Principle Elizabeth Fisher and Ronnie Harding 7. The Burden and Standard of Proof in Environmental Regulation: The Precautionary Principle in an Australian Administrative Context Judith Jones and Simon Bronitt 8. Tr(e)ading Cautiously: Precaution in WTO Decision Making Jan McDonald 9. The Threshold Test of the Precautionary Principle in Australian Courts and Tribunals: Lessons for Judicial Review Warwick Gullett 10. Precautionary Only in Name? Tensions between Precaution and Risk Assessment in the Australian GMO Regulatory Framework Jacqueline Peel PART III: PROSPECTIVE APPLICATIONS OF THE PRECAUTIONARY PRINCIPLE IN SPECIFIC FIELDS 11. A Long and Winding Road? Precaution from Principle to Practice in Biodiversity Conservation Rosie Cooney 12. Climate Change and the Precautionary Principle Jeroen van der Sluijs and Wim Turkenburg 13. The Tension between Fiction and Precaution in Nanotechnology Arie Rip 14. A Framework for the Precautionary Governance of Food Safety: Integrating Science and Participation in the Social Appraisal of Risk Andy Stirling, Ortwin Renn and Patrick van Zwanenburg Index
£126.00
Edward Elgar Publishing Ltd Research Handbook on International Environmental
Book SynopsisThis wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.Trade Review‘This book offers a timely contribution in the field of international environmental law. The way it presents the fundamental principles of international environmental law is innovative. For this, the author gains especial credit. She deals with the most fundamental and difficult legal issues in such a pragmatic manner that one will clearly understand the practical difficulties involved in implementing these principles. Readers will particularly benefit from the analytical approach undertaken in this book. They will understand the importance of these principles in the field of international environmental law and, at the same time, realize how difficult it is to find the concrete basis of these principles, which shows the difficulties in the application of these principles in practice. The book is well researched. The arguments are well grounded and consistent. Students, practitioners and those with a general interest in the fundamental principles underlying contemporary international environmental law alike will enjoy reading this book.’ -- International Journal on Minority and Group Rights‘. . . an impressive volume, the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come.’ -- Web Journal of Current Legal IssuesTable of ContentsContents: Preface Panos Merkouris PART I: INTERNATIONAL ENVIRONMENTAL LAW AS A SYSTEM OF INTERNATIONAL LAW 1. Actors and Law-making in International Environmental Law Mark A. Drumbl 2. International Framework for Environmental Decision-making Geir Ulfstein PART II: THEORIES AND CONCEPTS OF INTERNATIONAL ENVIRONMENTAL LAW 3. Sustainable Development Duncan French 4. Environment and Development: Friends or Foes in the 21st Century? Paolo Galizzi and Alena Herklotz 5. Implementing Intergenerational Equity Edith Brown Weiss 6. An Introduction to Ethical Considerations in International Environmental Law Alexander Gillespie 7. The World Bank and Sustainable Development David Freestone 8. Common but Differentiated Responsibilities Philippe Cullet 9. The Principles of Prevention and Precaution in International Law: Two Heads of the Same Coin? Nicolas de Sadeleer PART III: SUBSTANTIVE PRINCIPLES 10. The Precautionary Principle Minna Pyhälä, Anne Christine Brusendorff and Hanna Paulomäki 11. Environmental Impact Assessment Olufemi Elias 12. The Polluter-Pays Principle Priscilla Schwartz PART IV: HUMAN RIGHTS TO A CLEAN ENVIRONMENT 13. Human Rights and the Environment: Substantive Rights Dinah Shelton 14. Human Rights to a Clean Environment: Procedural Rights Jona Razzaque PART V: RESPONSIBILITY AND LIABILITY FOR ENVIRONMENTAL HARM 15. Responsibility for Environmental Damage Phoebe Okowa 16. International Liability for Damage to the Environment Louise Angélique de La Fayette 17. Corporate Liability for Environmental Harm Amanda Perry-Kessaris PART VI: DISPUTE SETTLEMENT AND COMPLIANCE 18. Settlement of International Environmental Law Disputes Natalie Klein 19. Environmental Disputes in the WTO Joanna Gomula 20. Compliance Procedures and Mechanisms Gerhard Loibl 21. International Legal Efforts to Address Human-Induced Global Climate Change David M. Ong 22. Filling The Holes: The Montreal Protocol’s Non-Compliance Mechanism Feja Lesniewska PART VII: BIODIVERSITY 23. Environmental Protection and the Concept of Common Concern of Mankind Michael Bowman 24. International Environmental Law Governing Threats to Biological Diversity David M. Ong 25. Fisheries and Marine Biodiversity Richard Barnes PART VIII: SPECIFIC ENVIRONMENTAL PROTECTION REGIMES 26. The 1982 UN Convention on the Law of the Sea and Marine Environmental Protection David M. Ong 27. Environmental Protection in Armed Conflict Karen Hulme 28. The Relationship between the Law of International Watercourses and Sustainable Development Malgosia Fitzmaurice 29. International Chemicals and Waste Management Katharina Kummer Peiry 30. Drilling at the Poles: Environmental Protection in the Antarctic and the Arctic Karen N. Scott Index
£260.00
Edward Elgar Publishing Ltd The Law and Governance of Water Resources: The
Book SynopsisThis path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability.To achieve the sustainable use and development of water resources is a daunting challenge for both global and local communities. It requires commitments from all groups within international, national and local communities from their own particular, possibly conflicting, perspectives. Without a set of coherent legal arrangements designed to ensure effective governance of water resources, their sustainable use and development is unlikely to be achieved. Douglas Fisher considers how legal arrangements for managing water resources have evolved across the continents over hundreds of years. He explores their relevance for contemporary society; how the norms of current international and national legal regimes are responding; and, most importantly, how legal rights and duties should be structured so as to achieve sustainability in the future.This detailed textual and linguistic analysis of legal doctrines and instruments in relation to water resources will be invaluable for international and national water resources policy analysts, water resource managers and water resource lawyers. Students of water resource management, sustainable development and sustainability will also find this book of great interest to them.Trade Review'. . . this is a formidable work and its detailed analysis of the law, its institutions and norms will be highly useful as a reference text for postgraduate law students and legal academics.' -- Poh Ling Tan, Australasian Journal of Environmental ManagementTable of ContentsContents: Preface Introduction Part I: The Challenge of Sustainable Water Resources Governance 1. Water Resources Governance in Context 2. The Conceptual Framework of Sustainability 3. Governance for Sustainable Development Part II: The Formal Structure of Water Resources Governance 4. The Doctrinal Foundations of Water Resources Law 5. The Range of Functions Performed by States 6. Individual Water Rights 7. Water Entitlements Part III: The Normative Structure of International Arrangements 8. Norms of International Law 9. Norms in Interstate Agreements Part IV: The Normative Structure of Arrangements Within States 10. Normative Arrangements in Federal Jurisdictions 11. Normative Arrangements in Unitary Jurisdictions Part V: Evolving International Arrangements for Water Resources Governance 12. The Dynamics of the International Legal System 13. The Dynamics of Interstate Agreements Part VI: Evolving National Arrangements for Water Resources Governance 14. Grundnorms Underlying Water Resources Development 15. Planning for Water Resources Development 16. Water Rights as Regulatory Instruments Part VII: Towards Sustainable Water Resources Governance 17. Evolving Statutory Structures for Water Resources Governance 18. The Need for Doctrinal Innovation 19. Models of Doctrinal Innovation Bibliography Index
£126.00
Edward Elgar Publishing Ltd China and International Environmental Liability:
Book SynopsisThis book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution.Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.Trade Review'Few countries are likely to have a more important global environmental role in coming years than the People's Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China's engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work.' -- Philippe Sands QC, University College London and Matrix Chambers, UKTable of ContentsContents: 1. Introduction and Editorial Preface Michael Faure and Song Ying PART I: INTERNATIONAL ENVIRONMENTAL LAW AND CONVENTIONS 2. Cluster-Litigation in Cases of Transboundary Environmental Harm André Nollkaemper 3. The Role of International Conventions in Solving Transboundary Pollution Disputes James Harrison 4. Transboundary Vessel-Source Marine Pollution – International Legal Framework and its Application to China Wang Hui 5. ILC Proposal on the Role of Origin State in Transboundary Damage Gou Haibo PART II: NATIONAL ENVIRONMENTAL LAW IN A TRANSBOUNDARY LEGAL CONTEXT 6. Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States Michael Faure and Gerrit Betlem 7. The Joint Governance of Transboundary River Basins: Some Observations on the Role of Law Marjan Peeters 8. A New Look at Environmental Impact Assessments: Using Customary Law to Prevent Domestic and Transboundary Environmental Damage Jack Jacobs 9. Transboundary Environmental Crimes: An Analysis of Chinese and European Law Thomas Richter PART III: THE SONGHUA RIVER POLLUTION CASE 10. Reflections from the Transboundary Pollution of Songhua River Wang Jin, Huang Chiachen and Yan Houfu 11. Pondering Over the Incident of Songhua River Pollution from the Perspective of Environmental Law Wang Canfa, Yu Wen-xuan, Li Dan and Li Jun-hong 12. International Legal Aspect of the Songhua River Incident Song Ying PART IV: COMPARATIVE CONCLUSIONS 13. Comparative and Concluding Remarks Michael Faure and Song Ying Index
£126.00
Edward Elgar Publishing Ltd Climate Law and Developing Countries: Legal and
Book SynopsisThis timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.Trade Review'. . . the book is rich and unique. It offers very useful analysis of climate law in developing countries and the key issues in the ongoing negotiations. . . an important source of reference.' -- Environmental Law Review'The editors of Climate Law and Developing Countries have brought together a star-studded group of authors with often innovative views on how climate law works (or fails to work) in those countries where it arguably matters more than elsewhere. This volume largely avoids the pitfalls of climate and carbon jargon. It may well succeed in reconnecting the regulatory community to a field of law which has rapidly become the exclusive habitat of banking and finance lawyers. A superb read and reference treasure trove.' -- Geert van Calster, Katholieke Universiteit Leuven, Belgium'Global warming is essentially an issue of human rights and justice severely affecting poor countries and indigenous peoples. This book shows why and how climate justice must shape international and domestic climate law. A timely, must-read companion for climate experts and activists, but equally a reminder of how much is left to be learned by negotiators of post-Kyoto agreements.'R>- Klaus Bosselmann, University of Auckland, New Zealand and IUCN Commission on Environmental Law Ethics Specialist Group'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' -- Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental LawTable of ContentsContents: 1. Introduction: Climate Law and Developing Countries Benjamin J. Richardson, Yves Le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood PART I: CLIMATE JUSTICE 2. Climate Change, Differentiated Responsibilities and State Responsibility: Devising Novel Legal Strategies for Damage Caused by Climate Change Sumudu Atapattu 3. India’s Constitutional Challenge: A Less Visible Climate Change Catastrophe Deepa Badrinarayana 4. Promoting Justice within the International Legal System: Prospects for Climate Refugees Angela Williams 5. Climate Change and Indigenous Peoples in the South Pacific: The Need for Regional and Local Strategies Eric Kwa PART II: EXPANDING THE SCOPE OF THE CLIMATE CHANGE LEGAL REGIMES 6. Supporting Adaptation in Developing Countries at the National and Global Levels Jolene Lin 7. Designing a REDD Mechanism: The TDERM Triptych Claire Stockwell, William Hare and Kirsten Macey 8. The Role of Marine ‘Forests’ and Soils as Carbon Sinks: Enhanced Bio-Sequestration as a Mitigation Strategy to Help Avoid Dangerous Climate Change Robert Fowler 9. Adaptation to Climate Change to Save Biodiversity: Lessons Learned from African and European Experiences Saja Erens, Jonathan Verschuuren and Kees Bastmeijer PART III: THE CLEAN DEVELOPMENT MECHANISM AND MITIGATION STRATEGIES 10. The Deadlock of the Clean Development Mechanism: Caught between Sustainability, Environmental Integrity and Economic Efficiency Christina Voigt 11. Beautifying Africa for the Clean Development Mechanism: Legal and Institutional Issues Considered Damilola S. Olawuyi 12. Policy and Legal Dimensions of CDM Projects in the Forestry Sector: Implications for Climate Change Mitigation and Adaptation in Uganda Emmanuel B. Kasimbazi 13. Brazilian Policy on Biodiesels: A Sound Means of Mitigating Climate Change? Solange Teles da Silva and Carolina Dutra PART IV: CLIMATE POLICY BRIDGING THE NORTH AND SOUTH 14. Improving Citizen Responsibility in the North and its Consequences for the South: Voluntary Carbon Offsets and Government Involvement Marjan Peeters 15. Climate and Trade in a Divided World: Can Measures Adopted in the North End Up Shaping Climate Change Legislative Frameworks in the South? Francesco Sindico 16. Climate Change in the European Union Development Cooperation Policy Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois Index
£151.00
Edward Elgar Publishing Ltd Environmental Governance of the Great Seas: Law
Book SynopsisThe great seas contain immense resources and provide invaluable services to humankind, yet their environmental conditions are threatened worldwide. The authors of this comprehensive study provide a rich assessment of the seas and the efficacy of the initiatives governing them, as well as suggestions for improving governance and protection. Case studies of the Baltic, Mediterranean, Black, Caribbean and East Asian seas illustrate the varying degrees of policy success, failure and promise. The authors address the specific roles of the Law of the Sea and the United Nations Regional Seas Programme and discuss the importance of better information exchange between scientists and policymakers, increased funding, greater participation, and new and more effective laws. National, regional and international initiatives are conceptualized as clusters, and their success evaluated using data on the physical conditions of the seas, the law and policy adopted, and international cooperation. The interdisciplinary, insightful treatment of this complex issue will be of great interest to policymakers, students and scholars in the fields of law and policy as well as marine and environmental sciences.Trade Review’This book is informative and educational. It provides a representative sample of governance systems ranging from highly organised, functioning and well-resourced systems to underfunded systems in which implementation and the political will to do so remain fundamental challenges. The case studies chosen by the authors also display a range of environmental challenges, insofar as this is possible as several of those challenges, such as land-based pollution are evident in all regions of the globe. The inclusion of interviews with representatives of various of the institutions involved in governance of the regional seas and other experts adds depth, colour and pragmatism to the authors' assessments. Viewed holistically, the book should be of interest to all those wishing to build a more in-depth and comparative knowledge of regional seas governance and those wishing to explore the ways in which we might improve governance of the oceans.' -- Micha Young, IUCNAEL EJournal'Environmental Governance of the Great Seas: Law and Effect provides a considerable volume of valuable data and analysis on the capacity of regional structures to deliver tangible regulatory benefits to the marine environment generally, and on the operational challenges facing particular regional frameworks specifically. It is an insightful, accessible and revealing work, shedding considerable light on the merits and pitfalls of regional frameworks and the ability of institutions to interact effectively. Finally, it is a work that will be of great interest and assistance to those engaged with the challenging issues of institutional performance, treaty congestion and the role and value of ever-increasing regionalism in the pursuit of effective environmental standards.' -- Richard Caddell, The International Journal of Marine and Coastal LawTable of ContentsContents: Preface 1. Introduction 2. The Baltic Sea with Hermanni Backer, Joseph F.C. DiMento and Alexis Jaclyn Hickman 3. The Black Sea 4. The East Asian Seas 5. The Mediterranean Sea with Tullio Scovazzi, Joseph F.C. DiMento and Alexis Jaclyn Hickman 6. The West and Central African Seas 7. The Wider Caribbean Region 8. An Accounting Appendices References Index
£94.00
Edward Elgar Publishing Ltd The Making of International Environmental
Book SynopsisGerry Nagtzaam contends that in recent decades neoliberal institutionalist scholarship on global environmental regimes has burgeoned, as has constructivist scholarship on the key role played by norms in international politics. In this innovative volume, the author sets these interest- and norm-based approaches against each other in order to test their ability to illustrate why and how different environmental norms take hold in some regimes and not others. The book explores why some global environmental treaties seek to preserve and protect some parts of nature from human utilization, some seek to conserve certain parts of nature for human development, whilst others allow the reckless exploitation of nature without accounting for the consequences. It tracks the fate of these three underlying environmental norms - preservation, conservation and exploitation - using case studies on whaling, mining in Antarctica and tropical timber. The book illustrates how international political battles to shape environmental regimes inevitably result in clashes between these competing environmental norms. This unique study will prove a fascinating read for both academics and practitioners in the fields of international environmental politics and international environmental law.Trade Review'It is a scholarly but approachable "must read" for anyone wishing to improve their understanding of international environmental law and politics. The book is not one to be read for a few minutes before lights out. It requires and deserves more attention than that.' -- Nick Wimbush, Australian Journal of Environmental Management'The Making of International Environmental Treaties offers college-level environmental and political science collections a fine survey on global environmental treaties that seek to preserve and protect some parts of nature from human use. . . College-level collections will find it a winner!' -- The Midwest Book ReviewTable of ContentsContents: Foreword by Robyn Eckersley Introduction 1. Putting the Cart Before the Horse: Neoliberalism, Interests and Norms 2. The Gentle Art of Persuasion: Constructivism and Norms 3. Frozen in Time: Minerals and the Campaign to Preserve Antarctica 4. The International Whaling Commission and the Elusive Great White Whale of Preservationism 5. Let’s Be Careful, It’s a Jungle Out There: The International Tropical Timber Organization and Sustainable Forestry Conclusion Bibliography Index
£128.00
Edward Elgar Publishing Ltd Climate Law and Developing Countries: Legal and
Book SynopsisThis timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.Trade Review'. . . the book is rich and unique. It offers very useful analysis of climate law in developing countries and the key issues in the ongoing negotiations. . . an important source of reference.' -- Environmental Law Review'The editors of Climate Law and Developing Countries have brought together a star-studded group of authors with often innovative views on how climate law works (or fails to work) in those countries where it arguably matters more than elsewhere. This volume largely avoids the pitfalls of climate and carbon jargon. It may well succeed in reconnecting the regulatory community to a field of law which has rapidly become the exclusive habitat of banking and finance lawyers. A superb read and reference treasure trove.' -- Geert van Calster, Katholieke Universiteit Leuven, Belgium'Global warming is essentially an issue of human rights and justice severely affecting poor countries and indigenous peoples. This book shows why and how climate justice must shape international and domestic climate law. A timely, must-read companion for climate experts and activists, but equally a reminder of how much is left to be learned by negotiators of post-Kyoto agreements.'R>- Klaus Bosselmann, University of Auckland, New Zealand and IUCN Commission on Environmental Law Ethics Specialist Group'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' -- Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental LawTable of ContentsContents: 1. Introduction: Climate Law and Developing Countries Benjamin J. Richardson, Yves Le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood PART I: CLIMATE JUSTICE 2. Climate Change, Differentiated Responsibilities and State Responsibility: Devising Novel Legal Strategies for Damage Caused by Climate Change Sumudu Atapattu 3. India’s Constitutional Challenge: A Less Visible Climate Change Catastrophe Deepa Badrinarayana 4. Promoting Justice within the International Legal System: Prospects for Climate Refugees Angela Williams 5. Climate Change and Indigenous Peoples in the South Pacific: The Need for Regional and Local Strategies Eric Kwa PART II: EXPANDING THE SCOPE OF THE CLIMATE CHANGE LEGAL REGIMES 6. Supporting Adaptation in Developing Countries at the National and Global Levels Jolene Lin 7. Designing a REDD Mechanism: The TDERM Triptych Claire Stockwell, William Hare and Kirsten Macey 8. The Role of Marine ‘Forests’ and Soils as Carbon Sinks: Enhanced Bio-Sequestration as a Mitigation Strategy to Help Avoid Dangerous Climate Change Robert Fowler 9. Adaptation to Climate Change to Save Biodiversity: Lessons Learned from African and European Experiences Saja Erens, Jonathan Verschuuren and Kees Bastmeijer PART III: THE CLEAN DEVELOPMENT MECHANISM AND MITIGATION STRATEGIES 10. The Deadlock of the Clean Development Mechanism: Caught between Sustainability, Environmental Integrity and Economic Efficiency Christina Voigt 11. Beautifying Africa for the Clean Development Mechanism: Legal and Institutional Issues Considered Damilola S. Olawuyi 12. Policy and Legal Dimensions of CDM Projects in the Forestry Sector: Implications for Climate Change Mitigation and Adaptation in Uganda Emmanuel B. Kasimbazi 13. Brazilian Policy on Biodiesels: A Sound Means of Mitigating Climate Change? Solange Teles da Silva and Carolina Dutra PART IV: CLIMATE POLICY BRIDGING THE NORTH AND SOUTH 14. Improving Citizen Responsibility in the North and its Consequences for the South: Voluntary Carbon Offsets and Government Involvement Marjan Peeters 15. Climate and Trade in a Divided World: Can Measures Adopted in the North End Up Shaping Climate Change Legislative Frameworks in the South? Francesco Sindico 16. Climate Change in the European Union Development Cooperation Policy Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois Index
£53.15
Edward Elgar Publishing Ltd International Law in the Era of Climate Change
Book SynopsisClimate change will fundamentally affect every area of human endeavor, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law, including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximize its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policymakers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximize our international legal and policy responses to it. Contributors: J. Brunnee, M.-C. Cordonier Segger, E. Crawford, A. Edwards, M.W. Gehring, C. Gray, J. Hepburn, E. Hey, K. Hulme, S. Humphreys, R. Lefeber, F. Lyall, A. Naude Fourie, H.M. Osofsky, R. Rayfuse, C. Redgwell, S.V. ScottTrade Review’This volume offers an original and thought-provoking analysis of the impact of climate change across international law. The book convincingly shows how the legal regulation of climate change has affected the content and structure of international law as a whole. A must-read for everyone interested in current challenges to international law. -- Wouter G. Werner, VU University Amsterdam, The Netherlands’The sheer complexity and magnitude of the challenges ahead as related to mitigating and adapting to climate change are intimidating yet the authors in International Law in the Era of Climate Change provide a rich, insightful, timely and multidisciplinary roadmap that can be used to understand not only the current solutions but also the need for greater progress in the development and evolution of international law, whether incrementally or substantially, to ensure greater peace and security in a climate-changed world.’ -- Avnita Lakhani, City University of Hong Kong’UN Secretary-General Ban-Khi Moon has called Climate Change 'the defining issue of our era'. It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.’ -- David Freestone, George Washington UniversityTable of ContentsContents: Preface PART I: SETTING THE SCENE 1. Mapping the Impact of Climate Change on International Law Rosemary Rayfuse and Shirley V. Scott PART II: THE IMPACT OF CLIMATE CHANGE ON SUBSTANTIVE REGIMES OF INTERNATIONAL LAW 2. Climate Change and International Human Rights Law Stephen Humphreys 3. Climate Change and International Refugee Law Alice Edwards 4. Climate Change and International Trade and Investment Law Markus W. Gehring, Marie-Claire Cordonier Segger and Jarrod Hepburn 5. Climate Change and International Environmental Law Catherine Redgwell 6. Climate Change and the Law of the Sea Rosemary Rayfuse 7. Climate Change and Space Law Francis Lyall 8. Climate Change and International Humanitarian Law Karen Hulme 9. Climate Change and the Law on the Use of Force Christine Gray PART III: THE IMPACT OF CLIMATE CHANGE ON INTERNATIONAL LEGAL PRINCIPLES AND PROCESSES 10. Climate Change and Statehood Emily Crawford and Rosemary Rayfuse 11. Participation in Climate Change Governance and its Implications for International Law Ellen Hey and Andria Naudé Fourie 12. Climate Change and Compliance and Enforcement Processes Jutta Brunnée 13. Climate Change and State Responsibility René Lefeber 14. Climate Change and Dispute Resolution Processes Hari M. Osofsky Index
£126.00
Edward Elgar Publishing Ltd From Environmental Action to Ecoterrorism?:
Book SynopsisThis book scrutinizes the growth of the ecoterrorism movement operating on a global scale, focusing on the main groups and their more radical offshoots, both historically and currently active. These include Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. Gerry Nagtzaam critically examines how these groups formed and how they have evolved, their key personnel, their strategies and tactics, principles, motivating philosophies and attitudes to violence. Specifically, this book seeks to understand whether groups such as these inevitably evolve from activists to militants to terrorists who gravitate towards political violence on behalf of the environment. Particular attention is paid to the future of such groups, predicting whether they will become more prominent as more people become ecologically aware and as global environmental conditions deteriorate, or whether groups like these have peaked as a force for environmental change. Gerry Nagtzaam compares and contrasts the selected ecoterrorist groups, highlighting their similarities and differences as regards to their use of political violence and pathways of radicalization. This book will be of interest to a number of different audiences, including scholars, teachers and students of law enforcement, terrorism, environmental politics, environmental law, international relations theory, geography, environmental science, sociology and development studies. It will also be relevant for activists and environmental NGOs.Trade Review‘From Environmental Action to Ecoterrorism? offers perhaps the clearest and most comprehensive examination of radical environmental groups and tactics to date, and does so in a balanced and richly narrated manner. Taking the Animal Liberation Front, Earth First! and the Sea Shepherds as case studies, Nagtzaam focuses upon the processes by which persons and groups undergo radicalization and come to embrace political violence. Tracing the evolution of group strategies, leaders, and philosophies, his detailed narrative and careful theoretical and empirical analysis underscore the need for a better understanding of radicalization processes. Scholars and students interested in the development of radical environmentalism or in the dynamics of more militant forms of environmental resistance will find much to explore. Those merely interested in the history and internal dynamics of radical environmentalism as a social movement, and the cautionary tale that it contains, will also find much to admire in this engaging book.' -- Steve Vanderheiden, University of Colorado at Boulder, US'In a volume that is non-alarmist in tone, yet inherently attentive to the fact that such groups can constitute challenges to law enforcement and society more generally, Nagtzaam enhances our understandings of radicalisation, reaffirming that it is a process not just currently confined and relevant to Islamist groups and exclusivist nationalist organizations. He approaches and frames radical actors and radicalisation in a neutral, technical manner, advocating that neither should be inherently associated or equated with violence and terrorism. His study also reinforces that while mainstream environmental and animal rights groups and their more militant counter-parts occasionally share affinities, they are distinguished by very different philosophies and modes of operation on resolving ecological crises.' -- Peter Lentini, Monash University, AustraliaTable of ContentsContents: Introduction PART I 1. Cage Fighting: the Animal Liberation Front 2. Rattling the Cages: Animal Liberation Front Actions 3. By Other Means: The Animal Liberation Front and its Purported Splinter Groups PART II 4. Direct Action in Defence of Living Systems: Earth First! 5. Elves Running through the Forest: the Earth Liberation Front PART III 6. Gaia’s Navy: the Sea Shepherd Conservation Society 7. Ramming Speed: Sea Shepherd Conservation Society Actions 8. Vigilante Justice: The Sea Shepherd Conservation Society and the Law Conclusion Bibliography Index
£121.00
Edward Elgar Publishing Ltd Human Rights and the Environment
Book SynopsisIn this topical collection, Professor Dinah Shelton brings together seminal articles published since the Stockholm Conference on the Human Environment that discuss and debate the linkages between human rights and environmental protection. This comprehensive research review successfully encompasses the various approaches and thinking of the leading scholars in the field. This authoritative and timely book will be of great interest to lawyers, policy-makers, advocates and academics and will serve as an excellent reference tool for anyone with an interest in human rights and the environment.Table of ContentsContents: Volume I Acknowledgements Introduction Dinah L. Shelton PART I THEORETICAL APPROACHES 1. Joseph L. Sax (1990), ‘The Search for Environmental Rights’ 2. James W. Nickel (1993), ‘The Human Right to a Safe Environment: Philosophical Perspectives on Its Scope and Justification’ 3. Günther Handl (1992), ‘Human Rights and Protection of the Environment: A Mildly ‘Revisionist’ View’ 4. Sumudu Atapattu (2002), ‘The Right to a Healthy Life or the Right to Die Polluted?: The Emergence of a Human Right to a Healthy Environment Under International Law’ 5. Alan Boyle (2007), ‘Human Rights or Environmental Rights? A Reassessment’ 6. Roda Mushkat (2009), ‘Contextualizing Environmental Human Rights: A Relativist Perspective’ 7. Hari M. Osofsky (2005), ‘Learning from Environmental Justice: A New Model for International Environmental Rights’ 8. Richard P. Hiskes (2005), ‘The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice’ 9. James R. May (2006), ‘Constituting Fundamental Environmental Rights Worldwide’ 10. Prudence E. Taylor (1998), ‘From Environmental to Ecological Human Rights: A New Dynamic in International Law?’ PART II SPECIFIC ISSUES AND PROBLEMS 11. Malgosia Fitzmaurice (2007), ‘The Human Right to Water’ 12. Paul L. Joffe (2009), ‘Conscience and Interest: Law, Rights, and Politics in the Struggle to Confront Climate Change and the New Poverty’ 13. Marc Limon (2009), ‘Human Rights and Climate Change: Constructing a Case for Political Action’ 14. Cyril Uchenna Gwam (2002), ‘Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights’ 15. Michael N. Schmitt (2000), ‘Humanitarian Law and the Environment’ 16. Christopher Tracy (1994), ‘The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment’ 17. Daniel Barstow Magraw and Lauren Baker (2007), ‘Globalization, Communities and Human Rights: Community-Based Property Rights and Prior Informed Consent’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I VULNERABLE POPULATIONS 1. Lawrence Watters (2002), ‘Indigenous Peoples and the Environment: Convergence from a Nordic Perspective’ 2. Cherie Metcalf (2003), ‘Indigenous Rights and the Environment: Evolving International Law’ 3. Rebecca Tsosie (2007), ‘Indigenous People and Environmental Justice: The Impact of Climate Change’ 4. Aurelie Lopez (2007), ‘The Protection of Environmentally-Displaced Persons in International Law’ 5. Karen E. MacDonald (2006), ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’ PART II INTERNATIONAL TEXTS AND JURISPRUDENCE 6. Neil A.F. Popović (1996), ‘In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment’ 7. John H. Knox (2009), ‘Linking Human Rights and Climate Change at the United Nations’ 8. Dinah Shelton (2010), ‘Developing Substantive Environmental Rights’ 9. Stephen J. Powell (2007), ‘Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights’ 10. Ole W. Pedersen (2008), ‘European Environmental Human Rights and Environmental Rights: A Long Time Coming?’ 11. Kristof Hectors (2008), ‘The Chartering of Environmental Protection: Exploring the Boundaries of Environmental Protection as Human Right’ 12. Jona Razzaque (2007), ‘Linking Human Rights, Development, and Environment: Experiences from Litigation in South Asia’ 13. Cesare Pitea (2006), ‘The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms’
£608.00
Springer International Publishing AG Corporate Liability for Transboundary
Book SynopsisThis open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.Table of Contents- Part I International Perspectives of Corporate Environmental Liability. - 1. Introduction. - 2. Functions and Objectives of Corporate Liability for Transboundary Environmental Harm. - 3. States Responsibility and Liability for Transboundary Environmental Harm. - 4. Liability of Private Actors in International Law. - 5. International Standards for National Environmental Liability Regimes. - Part II Tackling Transboundary Environmental Damage in the National Arena. - 6. National Civil Liability and Transboundary Environmental Damage. - 7. Environmental Due Diligence Obligations in Home State Law with Regard to Transnational Value Chains. - Part III Key Sectors and Synthesis. - 8. Climate Change Litigation: A Reference Area for Liability. - 9. Geoengineering: Methods, Associated Risks and International Liability. - 10. Synthesis. Part IV Annex: Selected Environment Treaties with Liability Elements. - 11. Convention on International Liability for Damage Caused by Space Objects. - 12. Liability Annex to the Protocol on Environmental Protection to the Antarctic Treaty. - 13. Liability Under Part XI UNCLOS (Deep Seabed Mining). - 14. The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. - 15. Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal. - 16. Paris Agreement.
£33.24
T.M.C. Asser Press Children’s Environmental Rights Under International and EU Law: The Changing Face of Fundamental Rights in Pursuit of Ecocentrism
Book SynopsisThis book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024. Table of ContentsChapter 1. Setting the Scene: From Environment as an Object to be Protected towards an Environmental Right(s)-based Approach - The International and EU Law Perspective.- Chapter 2. The Convention on the Rights of the Child: The Legal Basis for Environment-related Children’s Rights.- Chapter 3. A Child-centred Approach between the Lines of International and EU Environmental Law.- Chapter 4. Children in Pursuit of Environmental Human Rights: Current Practice and Future Prospects.- Chapter 5. Concluding Remarks.- Index.
£104.49
Oxford University Press, USA International Management of Hazardous Wastes The Basel Convention and Related Legal Rules Oxford Monographs in International Law
Book SynopsisThe Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal celebrates its tenth anniversary in 1999. As the only treaty addressing international transfer and environmentally sound management of hazardous wastes at the global level, the Basel Convention has gained universal recognition as the key legal instrument in this field. The anniversary presents an opportunity to assess its evolution , and to consider challenges for the future. Other existing relevant legal instruments have also evolved further, and new ones have been adopted. This book analyses the relationship of the Basel Convention with other pertinent legal rules, and proposes means to form a comprehensive global regulatory regime for hazardous waste management on the basis of the Convention. Since the book was first published, a number of important developments have taken place. Chief among these is the adoption of an amendment to the Basel Convention which provides for a ban on exports of hazardous wastes from OECD to non OECD countries. A tendency to impose similar restrictions can also be observed in other relevant legal instruments. The introduction to this book has therefore been revised by way of a substantial new preface to give an overview of the important developments since 1994, and their impact on the overall analysis.Trade ReviewA worthy addition to the Oxford Monographs in International Law series ... a well-researched and comprehensive reference work. * Nicholas Grief, Scottish Planning and Environmental Law, Aug 99 , no 74 *Table of ContentsAbbreviations ; Foreword ; Table of Cases ; Table of Legal Instruments of the EU and OECD ; Table of Treaties and other International Legal Instruments ; Preface ; Introduction ; 1. Transboundary Movements of Hazardous wastes in International Law ; 2. The Basel Convention: an Analysis and Assessment ; 3. The Basel Convention as an Umbrella for Regional Hazardous waste Treaties ; 4. The Relationship Between the Basel Convention and the Waste Management Systems of the EU and the OECD ; 5. The Basel Regime and Sectoral Pollution Control treaties ; 6. Ensuring Compliance: Relevant Concepts and Mechanisms ; 7. The Contribution of the Basel Convention and Related Rules to an Emerging Global aste Management System ; Appendices ; Bibliography ; Index
£66.50
Taylor & Francis Environmental Water Markets and Regulation
a huge range and FREE tracked UK delivery on ALL orders.
£43.99
Taylor & Francis Ltd International Law and Agroecological Husbandry Building legal foundations for a new agriculture Earthscan Food and Agriculture
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£43.99
Taylor & Francis Ltd Marine Pollution Shipping Waste and International Law Routledge Research in International Environmental Law
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£128.25
Taylor & Francis Sustainable Development Principles in the Decisions of International Courts and Tribunals
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£43.99
Taylor & Francis Ecological Restoration in International Environmental Law
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£43.99
Taylor & Francis The Global Climate Regime and Transitional Justice
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