Public international law: environment Books

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Book SynopsisThis collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection, examining their influence on policy choices relating to topics like climate change, protection of the stratospheric zone, trade, state borders and the conduct of warfare.Table of ContentsIntroduction: dimensions of justice in environmental law Jonas Ebbesson; Part I. The Notion of Justice in International Law: 2. The second cycle of ecological urgency: an environmental justice perspective Richard Falk; 3. Describing the elephant: international justice and environmental law Dinah Shelton; 4. Law, justice and rights: some implications of a global perspective William Twining; 5. Gender and environmental law and justice?: thoughts on sustainable masculinities Hanne Petersen; Part II. Public Participation and Access to the Judiciary: 6. Participatory rights in natural resource management: the role of communities in south Asia Jona Razzaque; 7. Public participation and the challenges of environmental justice in China Qun Du; 8. Environmental justice through courts in countries in economic transition Stephen Stec; 9. Environmental justice through environmental courts?: lessons learned from the Swedish experience Jan Darpö; 10. Environmental justice in the European Court of Justice Ludwig Krämer; 11. Environmental justice through international complaints procedures?: comparing the Aarhus Convention and the North American Agreement on Environmental Cooperation Malgosia Fitzmaurice; Part III. State Sovereignty and State Borders: 12. Environmental justice in situations of armed conflict Phoebe Okowa; 13. Sovereignty and environmental justice in international law André Nollkaemper; 14. Piercing the state veil in the pursuit of environmental justice Jonas Ebbesson; Part IV. North-South Concerns in Global Contexts: 15. Competing narratives of justice in north-south environmental relations: the case of ozone layer depletion Karin Mickelson; 16. Climate change, global environmental justice and international environmental law Jutta Brunée; 17. Justice in global environmental negotiations: the case of desertification Bo Kjellén; Part V. Access to Natural Resources: 18. Distributive justice and procedural fairness in global water law Ellen Hey; 19. Environmental justice in the use, knowledge and exploitation of genetic resources Philippe Cullet; 20. Law, gender and environmental resources: women's access to environmental justice in east Africa Patricia Kameri-Mbote; Part VI. Corporate Activities and Trade: 21. The polluter pays principle: dilemmas of justice in national and international contexts Hans Christian Bugge; 22. Corporate activities and environmental justice: perspectives on Sierra Leone's mining Priscilla Schwartz; 23. Environmental justice and international trade law Nicolas de Sadeleer.

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Book SynopsisHow can governments enforce urgent environmental policies that threaten key political and economic interests? This book highlights an unusual, top-down approach where the state forcibly destroys industries to reduce pollution. It examines why states use 'blunt force regulation' despite its severe social and economic consequences.Trade Review'Highly recommended' G. A. McBeath, Choice'Van Der Kamp's book should be read by all who are interested in environmental politics and the politics of policy implementation. It makes important conceptual and theoretical advances that enable us to understand how regulations are enforced in China and other states with weak institutions. The book is not only theoretically rich but is also grounded in detailed empirical analyses that expertly combine a wide range of data sources.' Matthew Amengual, Associate Professor in International Business, University of Oxford'A significant, richly researched work that offers a captivating window into Chinese public administration, Clean Air at What Cost? will interest anyone concerned about the implementation of regulatory power. What van der Kamp has uncovered shatters the perennial dichotomy between rules-based versus problem-solving enforcement, showing that there exists a third, disquieting alternative that China has followed: blunt-force enforcement. This elegantly crafted, revelatory book offers a vital warning about the potential for regulatory arbitrariness and injustice, especially in weak, unstable states.' Cary Coglianese, Edward B. Shils Professor of Law and Political Science, and Director, Penn Program on Regulation, University of Pennsylvania'Clean Air at What Cost is an excellent study on the how and with what of regulatory implementation in the decentralized and fragmented auspices of the Chinese political economy. There, 'blunt force regulation' is a sign of inefficient state capacity and questionable political will, as it is an authoritarian response to the environmental consequences associated with the country's fast-speed development. I have long waited for an empirically rigorous study on a heretofore less understood dimension of China's global economic rise.' Roselyn Hsueh, author of Micro-institutional Foundations of Capitalism (2022) and China's Regulatory State (2011)'This book is an essential read for anyone interested in environmental governance in China. Using quantitative and qualitative research methods, this book introduces the concept of blunt force regulation. It provides a much-needed update on environmental governance and offers an insightful analysis into state-society relations in China.' Genia Kostka, Professor of Chinese Politics, Freie Universität Berlin'Denise van der Kamp leads the new generation of China scholars exploring the challenging nexus of policy implementation in contemporary China. Her work on blunt force regulation in China provides an exciting new framework through to understand how policy is enforced at the local level in China.' Andrew Mertha, George and Sadie Hyman Professor of China Studies; Inaugural Director of the SAIS China Research Center, The Johns Hopkins UniversityTable of Contents1. Introduction: clean air at what cost?; 2. Blunt force regulation; 3. Why blunt force regulation?; 4. Blunt force regulation and bureaucratic control; 5. The impact of blunt force regulation; 6. What are the alternatives?; 7. Managing the risks; 8. Comparative implications; 9. Conclusion; Appendix; Bibliography; Index.

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Book SynopsisIn Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.Trade Review'Dehm's authoritative and beautifully written book traces emergent relations of law, power and authority in the green economy. Set against the background of climate crisis as a socio-ecological bio-crisis, Dehm's skilful, multi-layered analysis strips back the surface of REDD+ to expose the global management of forests as a troubling new site of capitalist accumulation. I highly recommend this timely and necessary book.' Anna Grear, Cardiff University'An original and thought-provoking critique of REDD+ that also sheds light on fundamental shortcomings of the climate change regime and of international environmental law and policy more generally. This is the very best kind of critical scholarship, that not only reveals the limitations of current frameworks but also inspires the reader to look past them to possible alternatives.' Karin Mickelson, University of British ColumbiaTable of ContentsIntroduction: Reconsidering REDD+; 1. Background to REDD+; 2. Asserting global authority over the carbon sequestration potential of forests; 3. Actualising authority through public and private law: REDD+ through the lens of property and contract; 4. Responsibility and capacity: recasting north-south difference; 5. Scale, multilevel governance and the disaggregation of property rights in REDD+; 6. REDD+ at the 'local' level: between rights and responsibilisation; 7. Conclusion: Possibilities for climate justice and planetary co-habitation.

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Book SynopsisSince the Second World War there has been a remarkable expansion of international legal institutions. At the same time, however, international law is challenged by states fearing the loss of their political room for manoeuvre. This book explores how states are responding by developing a new politics of international law.Table of Contents1. Introduction: the changing practices of international law Thomas Gammeltoft-Hansen and Tanja Aalberts; 2. Sovereignty games, law and politics in world society Tanja Aalberts and Thomas Gammeltoft-Hansen; 3. Abandonment, construction and denial: the formation of a zone Margareta Brummer; 4. Backlash and state strategies in international investment law Malcolm Langford, Daniel Behn and Ole Kristian Fauchald; 5. 'Part of the game': government strategies against European litigation concerning migrant rights Moritz Baumgärtel; 6. The disaggregated law of global mass surveillance Itamar Mann; 7. Legalisation in international environmental law Jaye Ellis; 8. Search and rescue as a geopolitics of international law Thomas Gammeltoft-Hansen and Tanja Aalberts; 9. Conclusion: the dark side of legalisation Tanja Aalberts and Thomas Gammeltoft-Hansen.

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Book SynopsisThis Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated our most pressing environmental, social and economic challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.Trade Review'Bringing together an impressive group of global scholars, this book weaves together insights and analysis of almost every manageable corporate sustainability issue resulting in a thorough and essential guide to corporations' ability to address sustainability challenges. A tour-de-force, this book is essential reading for scholars and corporations alike.' Barnali Choudhury, University College London'Sustainability - of corporations themselves, and of the wider society and environment to which they are inescapably linked - is reshaping managerial discourse and the practice of finance itself. New paradigms and methods are emerging in the academic disciplines associated with the study of the corporation. This Handbook, with 50 chapters by leading scholars from around the world, marks a seminal contribution to this reshaping of the field.' Simon Deakin, University of Cambridge'The Handbook investigates an under-explored but critical area: the relation of corporate law and corporate governance to sustainability. With a discussion of case studies from across the world and potential drivers for change, this Handbook will be an indispensable resource for anyone interested in exploring how corporations could contribute to a sustainable future.' Surya Deva, City University of Hong Kong'This Handbook is an essential reference for anyone working on one of today's most pressing challenges, which is the transition to a climate-neutral and sustainable economy. It is high on Europe's political agenda. Yet nobody should underestimate the implications and scale of such a transformation. It is cross-cutting by nature and requires a transdisciplinary policy approach.' Valdis Dombrovskis, The European Commission's Vice-President for the Euro and Social Dialogue, also in charge of Financial Stability, Financial Services and Capital Markets Union'It is increasingly clear that business must play a central part - even a leadership role - in addressing our global sustainability crisis. The challenges are profound, and Sjåfjell and Bruner have marshaled many of the world's greatest experts to help identify ways to move ahead. Having this book on your desk is like having those experts on call.' Kent Greenfield, Dean's Distinguished Scholar, Boston College, Massachusetts'Global business may shape the world more than government, yet government may still have instruments to give guidance. This handbook brings all three together, condensed into the three-partite title and structure - scope (sustainability), governance of firms and political guidance (actually well beyond 'corporate law' solely). This handbook gives us Hercules at labour - but rather at his seventh task than at his first.' Stefan Grundmann, European University Institute and Humboldt University, Berlin'Two leading international corporate law scholars, Beate Sjåfjell and Christopher M. Bruner, have done a great job in bringing together a group of scholars from all over the world to write on one of the most important issues in corporate law - namely, corporate governance and sustainability. The book is to be commended for including in one place such a comprehensive range of subjects.' Andrew Keay, University of Leeds'This is an important and comprehensive volume on a topic that is of immense importance for academics, policymakers and practitioners. The editors have brought together the leading researchers in the field to produce a volume that provides profound insights into the intersection of corporate governance, law and sustainability. It deserves to be widely read and referenced.' Colin Mayer, Peter Moores Professor of Management Studies, University of Oxford'This magisterial volume brings together a comprehensive collection of chapters treating law, legal theory, and law reform possibilities. Especially valuable is the impressive array of country-specific case studies from around the world. Essential reading for anyone interested in the crucially important question of the impact of business activity and corporate law on sustainability.' David Millon, J.B. Stombock Professor of Law, Emeritus, Washington and Lee University'This book is a monumental work of scholarship. In terms of substantive scope, geographic reach and diversity of insight it is quite simply staggering. Its analysis of the contemporary financial, environmental and social challenges facing global business corporations is unsurpassed in originality and rigour. This timely collection will be an essential cornerstone of every corporate governance scholar's book collection for many years to come.' Marc T. Moore, University College London'Humanity is at a new juncture. Deep into the Anthropocene we are now forced to consider the risk of destabilising the entire planet. What we need, and what this Handbook addresses in a comprehensive, convincing and state-of-the-art fashion, is to operationalise 'strong sustainability' in corporate law and governance. This book is a key contribution towards this transformation.' Johan Rockström, Director Potsdam Institute Climate Impact Research, University of Potsdam'At their best, corporations have been invaluable tools for solving big societal challenges - from building early America's roads, bridges and railways, to curing disease, to bringing electricity to the masses. This impressive collection of scholarship explores what it will take to focus corporations on solving today's grandest challenges: environmental, social and economic sustainability.' Judith Samuelson, Executive Director, The Aspen Institute Business and Society Program'An increasing number of political and business leaders are realizing the urgency of a fair transition to a sustainable economy and the depth of the challenges this poses to our ways to do and regulate business. When looking for effective answers, they will be well served by this most timely Handbook.' Frans Timmermans, First Vice President of the European Commission'This book, with its comprehensive coverage and impressive list of preeminent contributors is a must-read for scholars, practitioners and policy makers concerned with the impact of the corporation on society. It provides in-depth analysis of the role that corporate law and corporate governance plays in the sustainability crisis, and persuasively argues that they must therefore figure centrally in any resolution.' Michelle Welsh, Monash University'Sjåfjell and Bruner's book is a brilliant contribution to the most pressing questions of corporate law and governance today. It challenges the 'trade off mentality' that construes ecological and social issues as of corporate concern only if they pose financial risks to the firm. This book provides an extremely important basis for re-conceptualizing how we think about corporate obligations.' Cynthia A. Williams, Osler Chair in Business Law, York University, Toronto For the full list of advance praise, see under Resources.Table of ContentsPart I. Global Business and Fragmented Regulation; Part II. Corporate Law Financial Markets and Sustainability; Part III. Corporate Law Corporate Governance and Sustainability; Part IV. Potential Drivers for Change.

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Book SynopsisThis book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas. It is the first in-depth examination and evaluation of current liability rules and provides possible avenues for future legal developments in international environmental law and the law of the sea.Table of Contents1. Introduction; 2. Purposes of, and approaches to, international liability; 3. Definition and valuation of compensable environmental damage; 4. Allocation of liability for environmental harm in areas beyond national jurisdiction; 5. Standards of liability; 6. Standing to bring claims for environmental harm in areas beyond national jurisdiction; 7. Access to remedies; 8. Insurance and compensation funds; 9. Conclusion; Bibliography; Index.

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Book SynopsisThe 2015 Paris Agreement represents the culmination of years of intense negotiations under the United Nations Framework Convention on Climate Change. Designed to curb climate change, it was negotiated by almost 200 countries who came to the table with different backgrounds, perceptions and interests. As such, the Agreement represents a triumph for multilateralism in a period otherwise characterized by nationalist turns. How did countries reach the historical agreement, and what were the driving forces behind it? This book paints a full picture by providing and analysing multifaceted insider accounts from high-level delegates who represented developed and developing countries, civil society, businesses, the French Presidency, and the UNFCCC Secretariat. In doing so, the book documents not only the negotiation of the Paris Agreement but also the dynamics and factors that shaped it. A better understanding of these dynamics and factors can guide future negotiations and help us solve globalTrade Review'Global negotiations on climate change are about politics and economics, national interest and strategy. But they are also about people and relationships, serendipity and inspiration, the “sense of the room” and collective emotion. By recording the personal perspectives of key players, this unique book brings to life the human drama that lies behind the Paris Agreement. It combines invaluable historic record with rigorous academic analysis, while also offering a thrilling read. No bookshelf should be without it!' Joanna Depledge, Cambridge Centre for Environment, Energy and Natural Resource Governance'This mammoth volume is indeed a hologram of the Paris negotiations, presented by participants with experience and frankness, ranging from the stolid Chinese account of its role to the personalized American picture of the diplomatic dance to the frank and lucid Like-Minded Developing Countries Group picture to the existential intensity of the High Ambition Coalition's and the Small Island Developing States' stories, and concluding with excellent analytical portrayals of a newly formulating approach, process management. The book is captivating and exciting, and has insight and personality.' William Zartman, The Johns Hopkins University SAIS'This volume is a path-breaking collection. Expertly edited, Negotiating the Paris Agreement brings together first-hand accounts by key negotiators and architects of the 2015 Paris climate accord. It sheds a fresh light on the importance of effective process management and identifies the perceptions and norms that guided individual actors in the negotiations. The book is a must-read for anyone interested in multilateral negotiations and the international climate regime.' Robert Falkner, London School of Economics and Political Science'Authentic, captivating, and thought provoking first-hand reflections from multiple angles on how - given the complexities of people, process and policy content - for once everything fell into place on climate in Paris in 2015. A must read for 'wannabe' movers and shakers in multilateral negotiations whether directly at the negotiation table or as part of civil society and the wider stakeholder community. This is a unique account. Congratulations to all the authors.' Artur Runge-Metzger, Former Director, European Commission, EU lead negotiator and ADP Co-Chair'This book offers a unique glimpse into the political dynamics that shaped the Paris Agreement. Unlike any other account, it brings together fascinating insider accounts of the negotiations and astute academic analyzes. The key message is that process and agency matter for the outcomes of multilateral negotiations. The book will be a tremendous resource for practitioners and scholars alike.' Professor Jonas Tallberg, Stockholm UniversityTable of ContentsPreface; Acknowledgments; 1. Introduction Henrik Jepsen, Magnus Lundgren, Kai Monheim and Hayley Walker; 2. The Paris negotiations: Background and context Pamela Chasek; 3. The French COP21 Presidency Laurence Tubiana; 4. Mission: Adoption with Ovations. The contribution of the UNFCCC secretariat to the achievement of the Paris agreement Richard Kinley; 5. Paris agreement and China's imprint Xie Zhenhua; 6. The EU's role in the Paris agreement Pete Betts; 7. The United States: Interesting processes and techniques lined the road to Paris Susan Biniaz, with commentary from Jonathan Pershing; 8. COP21 complaints and negotiation. The role of the like-minded developing countries group (LMDC) and the Paris agreement Rene Orellana Halkyer; 9. The staircase of Paris Tosi Mpanu-Mpanu; 10. The battle for small island developing states James Fletcher; 11. The high ambition coalition Farhana Yamin; 12. The power of civil society Jennifer Morgan; 13. Business: Creating the context Stephen Howards, with Tim Smedley; 14. Why did they finally reach agreement? John S. Odell; 15. Conclusion: The landscape of multilateral agreement in Paris and beyond Hayley Walker, Kai Monheim, Frauke Ohler, Henrik Jepsen and Magnus Lundgren.

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Book SynopsisThis well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. The fifth edition responds to important developments arising subsequent to the fourth edition, relating, inter alia, to sustainable development, climate change, and energy. These developments include the Sustainable Development Goals (SDGs) of 2015, the 2015 Paris Agreement on Climate Change that replaced the Kyoto Protocol, and the challenges posed by renewable energy and global poverty. In sum, the book offers an insightful analysis of the relevant treaties, customary law, and soft law instruments governing all areas of international environmental law.

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