Public international law: environment Books
Cambridge University Press Biological Extinction
Book SynopsisThe rapidly increasing human pressure on the biosphere is pushing biodiversity into the sixth mass extinction event in the history of life on Earth. The organisms being exterminated are integral working parts of our planet''s life support system,and their loss is permanent. Like climate change, this irreversible loss has potentially devastating consequences for humanity. As we come to recognise the many ways in which we depend on nature, this can pave the way for a new ethic that acknowledges the importance of co-existence between humans and other species. Biological Extinction features chapters contributed by leading thinkers in diverse fields of knowledge and practice, including biology, economics, geology, archaeology, demography, architecture and intermediate technology. Drawing on examples from various socio-ecological systems, the book offers new perspectives on the urgent issue of biological extinction, proposing novel solutions to the problems that we face.Trade Review'Many policy makers, especially those trained in economics, can describe the management of environmental systems as if we (humans) are best suited to be in the 'driver's seat', making all the decisions to assure our wellbeing is the sole consideration. They should all read the chapters in this volume! Extinction is an irreversible externality whose full impact is uncertain. By combining the insights of social and natural scientists, Dasgupta, Raven, and McIvor have assembled essays that will change this view. They are accessible, engaging, and important.' V. Kerry Smith, Emeritus Regents Professor, Arizona State University'Partha Dasgupta, unexcelled among economists for his contributions to ecological economics, and Peter Raven, revered for his leadership in biodiversity science, have combined to assemble a collection of papers by a virtual who's who of experts on the subject of biodiversity loss and sustainability. This volume, the product of an obviously remarkable meeting at the Vatican, will be a touchstone for all those concerned with our declining biodiversity, and the implications for the future welfare of humanity.' Simon A. Levin, James S. McDonnell Distinguished University Professor in Ecology and Evolutionary Biology, Princeton University'This volume provides an informative reference for policy makers and practitioners, offering new perspectives on biological extinction that adopt principles of social justice and sustainability.' R. A. Delgado, Jr, ChoiceTable of ContentsIntroduction Partha Dasgupta and Peter Raven; Prologue. Extinction: what it means to us Martin Rees; 1. Extinction in deep time: lessons from the past? Neil Shubin; 2. Biodiversity and global change: from creator to victim Timothy Lenton; 3. The state of the world's biodiversity Stuart Pimm and Peter Raven; 4. Extinction threats to life in the ocean and opportunities for their amelioration Jenna Sullivan, Vanessa Constant and Jane Lubchenco; 5. Out of the soil: soil (dark matter biodiversity) and societal 'collapses' from Mesoamerica to the Mesopotamia and beyond Timothy Beach, Sheryl Luzzadder-Beach and Nicholas Dunning; 6. The Green Revolution and crop biodiversity Prabhu Pingali; 7. Population: the current state and future prospects John Bongaarts; 8. Game over? Drivers of biological extinction in Africa Calestous Juma; 9. Why we're in the sixth great extinction and what it means to humanity Partha Dasgupta and Paul Ehrlich; 10. The consequences of biodiversity loss for human well-being Charles Perrings and Ann Kinzig; 11. Terra incognita: in search of the disconnect Mathis Wackernagel; 12. How do we stem biodiversity loss? Gretchen Daily and Stephen Polasky; 13. Can smart villages help to stem biodiversity loss? Brian Heap, John Holmes and Bernie Jones; 14. The new design condition: planetary urbanism + resource scarcity + climate change John Hoal.
£36.16
Cambridge University Press Anthropocene Encounters New Directions in Green Political Thinking
Book SynopsisCoined barely two decades ago, the Anthropocene has become one of the most influential and controversial terms in environmental policy. Yet it remains an ambivalent and contested formulation, giving rise to a multitude of unexpected, and often uncomfortable, conversations. This book traces in detail a broad variety of such ''Anthropocene encounters'': in science, philosophy and literary fiction. It asks what it means to ''think green'' in a time when nature no longer offers a stable backdrop to political analysis. Do familiar political categories and concepts, such as democracy, justice, power and time, hold when confronted with a world radically transformed by humans? The book responds by inviting more radical political thought, plural forms of engagement, and extended ethical commitments, making it a fascinating and timely volume for graduate students and researchers working in earth system governance, environmental politics and studies of the Anthropocene. This is one of a series ofTrade Review'… by discussing how the Anthropocene relates to contemporary political concepts such as democracy, power, and time, this collection opens up to multifaceted trajectories taking into consideration pluralist and critical perspectives.' L. A. Reisch and F. C. Doebbe, Journal of Consumer PolicyTable of ContentsList of figures; List of contributors; Acknowledgements; 1. Encountering the 'Anthropocene': setting the scene Frank Biermann and Eva Lövbrand; Part I. The Conceptual Politics of the Anthropocene: Science, Philosophy, and Culture: 2. The 'Anthropocene' in global change science: expertise, the Earth, and the future of humanity Noel Castree; 3. The 'Anthropocene' in philosophy: the neo-material Turn and the question of nature Manuel Arias-Maldonado; 4. The 'Anthropocene' in popular culture: narrating human agency, force and our place on Earth Alexandra Nikoleris, Johannes Stripple and Paul Tenngart; Part II. Key Concepts and the Anthropocene: A Reconsideration: 5. Power, world politics and thing-systems in the Anthropocene Anthony Burke and Stefanie Fishel; 6. Time and politics in the Anthropocene: to fast, too slow? Victor Galaz; 7. Democracy in the Anthropocene Ayşem Mert; 8. Global justice and the Anthropocene: reproducing a development story Jeremy Baskin; Part III. The Practices of Political Study in the Anthropocene: 9. The 'Good Anthropocene' and green political theory: rethinking environmentalism, resisting ecomodernism Anne Fremaux and John Barry; 10. Co-producing knowledge and politics of the Anthropocene: the case of the future Earth program Silke Beck; 11. The ethics of political research in the Anthropocene Paul Wapner; 12. Epilogue: continuity and change in the Anthropocene James Meadowcroft; Index.
£38.94
Cambridge University Press The First Global Integrated Marine Assessment
Book SynopsisThe World Ocean Assessment - or, to give its full title, The First Global Integrated Marine Assessment - is the outcome of the first cycle of the United Nations'' Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects. The Assessment provides vital, scientifically-grounded bases for the consideration of ocean issues, including climate change, by governments, intergovernmental agencies, non-governmental agencies and all other stakeholders and policymakers involved in ocean affairs. Together with future assessments and related initiatives, it will support the implementation of the recently adopted 2030 Agenda for Sustainable Development, particularly its ocean-related goals. Moreover, it will also form an important reference text for marine science courses.Trade Review'Hundreds of scientists from many countries … indicate that the oceans' carrying capacity is near or at its limit. It is clear that urgent action on a global scale is needed to protect the world's oceans.' Ban Ki-moon, Former Secretary-General of the United Nations, from the Foreword'Our oceans are an essential component to supporting life on Earth, yet their health is being hit from all sides. The First Global Integrated Marine Assessment helps us grasp the current situation and compels us to do our part in protecting this vital resource. Urgent action is needed, and this Assessment provides policy-makers with an important scientific baseline upon which to act. The report is also a great resource for students, scientists, the general public and anyone with an interest in learning more about the oceans, and what we can do – and need to do – to protect them.' Erik Solheim, Head of UN Environment'Throughout The First Global Integrated Marine Assessment experts state that ocean ecosystems are unable to cope with the impact of multiple anthropogenic stressors. As a consequence, the life-supporting services that the ocean provides to humankind are in imminent danger. Due to the complexity of ocean processes, solutions should be sought and verified based on the most advanced ocean science and observations. Making them applicable globally and for all requires intensive capacity development and marine technology transfer.' Vladimir Ryabinin, Executive Secretary of IOC/UNESCO'The First Global Integrated Marine Assessment has arrived at a critical time. Never before has it been possible to acquire the depth and breadth of information gathered in this masterful compilation. Never again will there be a better time to apply the knowledge presented here to develop policies that will enable humankind to make peace with the natural ocean systems that underpin everything we care about, including our own existence.' Sylvia Earle, Explorer in Residence at National Geographic, Founder of Mission Blue, and Founder of Deep Ocean Exploration and Research (DOER)Table of ContentsForeword; Preface; Part I. Summary of the First Global Integrated Marine Assessment; Part II. The Context of the Assessment: 1. Introduction: planet, oceans and life; 2. Mandate, information sources and method of work; Part III. Assessment of Major Ecosystem Services from the Marine Environment: 3. Scientific understanding of ecosystem services; 4. The ocean's role in the hydrological cycle; 5. Sea-air interactions; 6. Primary production, cycling of nutrients, surface layer and plankton; 7. Calcium carbonate production and contribution to coastal sediments; 8. Aesthetic, cultural, religious and spiritual ecosystem services derived from the marine environment; 9. Conclusions on major ecosystem services other than provisioning services; Part IV. Assessment of the Cross-Cutting Issues: Food Security and Food Safety: 10. The oceans as a source of food; 11. Capture fisheries; 12. Aquaculture; 13. Fish stock propagation; 14. Seaweeds; 15. Social and economic aspects of sea-based food and fisheries; 16. Synthesis of Part IV: food security and safety; Part V. Assessment of Other Human Activities and the Marine Environment: 17. Shipping; 18. Ports; 19. Submarine cables and pipelines; 20. Coastal, riverine and atmospheric inputs from land; 21. Offshore hydrocarbon industries; 22. Other marine-based energy industries; 23. Offshore mining industries; 24. Solid waste disposal; 25. Marine debris; 26. Land-sea physical interaction; 27. Tourism and recreation; 28. Desalinization; 29. Use of marine genetic resources; 30. Marine scientific research; 31. Conclusions on other human activities; 32. Capacity-building in relation to human activities affecting the marine environment; Part VI. Assessment of Marine Biological Diversity and Habitats: 33. Introduction; Section A. Overview of Marine Biological Diversity: 34. Global patterns in marine biodiversity; 35. Extent of assessment of marine biological diversity; 36. Overview of marine biological diversity; Section B. Marine Ecosystems, Species and Habitats Scientifically Identified as Threatened, Declining or Otherwise in Need of Special Attention or Protection; I. Marine Species: 37. Marine mammals; 38. Seabirds; 39. Marine reptiles; 40. Sharks and other elasmobranchs; 41. Tunas and bill fishes; II. Marine Ecosystems and Habitats: 42. Cold-water corals; 43. Tropical and sub-tropical coral reefs; 44. Estuaries and deltas; 45. Hydrothermal vents and cold seeps; 46. High-latitude ice and the biodiversity dependent on it; 47. Kelp forests and seagrass meadows; 48. Mangroves; 49. Salt marshes; 50. Sargasso sea; 51. Biological communities on seamounts and other submarine features potentially threatened by disturbance; Section C. Environmental, Economic and/or Social Aspects of the Conservation of Marine Species and Habitats and Capacity-Building Needs: 52. Synthesis of Part VI: marine biological diversity and habitats; 53. Capacity-building needs in relation to the status of species and habitats; Part VII. Overall Assessment: 54. Overall assessment of human impact on the oceans; 55. Overall value of the oceans to humans; Annex I. List of contributors and commentators; Annex II. Glossary; Annex III. Acronyms.
£138.70
Cambridge University Press Care for the World
Book SynopsisConvening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si'', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.Table of ContentsPart I. Policy Implications of Laudato Si': 1. Our common responsibility for our common home: the activist vision of Laudato Si' Anthony Annett; 2. Carbon trading and the morality of markets in Laudato Si' Eduardo M. Peñalver; 3. The need for an 'integral ecology' in connection with the UN sustainable development goals Massimiliano Montini and Francesca Volpe; 4. Alter-ecologies: envisioning papal and ecomodernist nuclear energy policy futures Vincent Ialenti; Part II. The Philosophy and Methodology of Laudato Si': 5. Laudato Si' and the tragedy of the 'throwaway culture' Lucia Silecchia; 6. The other seamless garment – Laudato Si' on the human relationship to created nature Mark Shiffman; 7. Towards a bright mountain – Laudato Si' and the critique of technology Zachary Loeb; 8. A critique of mastery and an ethics of attunement: from Spe Salvi to Laudato Si' Frank Pasquale; Part III. Catholic Social Thought at Work and Play: 9. 'Truly, much can be done!': Cooperative economics from the book of acts to Pope Francis Nathan Schneider; 10. Toward an ethic of 'civic and political love' in the workplace Amanda Jaret and David Gregory; 11. Laudato Si' and augmented reality – in search of an 'integral ecology' for the digital age Alessandro Spina.
£95.00
Cambridge University Press Clean Power Politics
Book SynopsisThe United States has been experiencing an energy transition for over four decades, and now - thanks to the Clean Power Plan of the Obama Administration and the Paris climate agreement - a clean energy future is moving closer to reality. In Clean Power Politics, Joseph Tomain describes how clean energy policies have been developed and, more importantly, what''s necessary for a successful transition to a clean energy future, including technological innovation, new business models, and regulatory reforms. The energy system of the future will minimize the environmental costs of traditional energy production and consumption, and emphasize expanded use of natural resources and energy efficiency. Because many new energy technologies can be produced and consumed at smaller scales, they will shift decision-making power away from traditional utilities and empower consumers to make energy choices about consumption and price. In this way, a clean energy future embodies a democratization of energyTable of ContentsIntroduction; Part I. Preconditions for a Clean Power Transition: 1. The clean power plan and clean power politics; 2. Defining and measuring clean power; 3. The political economy of clean power; Part II. The Necessity of Innovation: 4. Innovation policy and institutions; 5. Clean power systems; 6. Regulatory innovation; Part III. The Democratization of Energy: 7. Energy and democracy.
£25.64
Nova Science Publishers Inc The National Environmental Policy Act:
Book Synopsis
£67.99
OUP USA Climate Change What Everyone Needs to Knowr
a huge range and FREE tracked UK delivery on ALL orders.
£14.61
Cambridge University Press Environmental Management
Book SynopsisThis contemporary textbook and manual for aspiring or new environmental managers provides the theory and practical examples needed to understand current environmental issues and trends. Each chapter explains the specific skills and concepts needed for today''s successful environmental manager, and provides skill development exercises that allow students to relate theory to practice in the profession. Readers will obtain an understanding not only of the field, but also of how professional accountability, evolving science, social equity, and politics affect their work. This foundational textbook provides the scaffolds to allow students to understand the environmental regulatory infrastructure, and how to create partnerships to solve environmental problems ethically and implement successful environmental programs.Trade Review'As a natural resource manager and professional, the book, while environmental management focused, is still relevant, as many of the trends and discussions occur in my world the same as they appear in the environmental management sphere. It's a great book for being able to begin to understand the ever changing and evolving world of environmental management, and I'm glad Professor Lame and Dr. Marcantonio wrote this book to keep the material relevant.' Ben Weise, Contra Costa Resources Conservation District'Environmental Management offers sage advice, grounded in practical realities, for ethical and effective management of pollution and natural resource problems. Lame and Marcantonio have written a fantastic textbook, filled with real-world examples and concrete lessons, that instructors will find valuable for training future environmental leaders.' David Konisky, Indiana University'Bill Gates believes that environmental issues - climate disruption, in particular - are the most important issues facing companies, and thus the managers running them. Environmental Management: Concepts and Practical Skills is an extremely timely book addressing the challenges that executives will face in the decades to come. It is useful to college professors, students, and practitioners in their careers.' Jeff Anstine, North Central College'In an era when environmental management is often clouded by partisan politics and rhetoric, this book is a breath of fresh air teaching the next generation how to manage for the environment.' Rosemary O'Leary, University of Kansas'The textbook is full of insightful details, from emphasizing that environmental management is managing both people and nature, to highlighting the importance of understanding the scale, effect, and history of an issue at hand, and using past knowledge to inform decisions while anticipating future conditions. It challenges prospective and seasoned environmental managers with tough but necessary questions, evaluating your effectiveness and inclusion of equitable practices.' Brian Watts, Flood-Prepared Communities initiative, The Pew Charitable TrustsTable of ContentsFigures; Real-world examples, author's notes, and interviews from the field; Preface; 1. Introduction to environmental management; 2. Roles of the environmental manager in a tri-sectoral world; 3. Issues and legal trends that impact your environmental management; 4. Environmental regulation; 5. Navigating the environmental regulatory infrastructure; 6. Ethical environmental management and communication; 7. It begins with a plan. Strategic planning and diffusion of innovations; 8. Managing for compliance & performance. 'Driving between the ditches'; 9. Managing the experts; 10. Managing others to do your job. Contracting; 11. Understanding and influencing policy for better environmental management; 12. Looking forward; Case study. The case of implementing a pollution prevention program to reduce the risks of pests and pesticides in children; References; Index.
£47.26
Cambridge University Press Alaska is Not a Blank Space
£58.12
Bloomsbury Publishing PLC Mandatory Sustainability Requirements in EU Public Procurement Law: Reflections on a Paradigm Shift
Book SynopsisThis book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law. Traditionally, EU public procurement law focused on ‘how to buy’, dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services. Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator’s move towards regulating ‘what to buy’. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal. The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt. This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.Table of ContentsPart 1: Foundations of the Paradigm Shift - Towards Mandatory Sustainability Requirements in EU Public Procurement 1. Shifting Towards Mandatory Sustainability Requirements in EU Public Procurement Law: Context, Relevance and a Typology, Willem Janssen (Utrecht University, the Netherlands) 2. Climate Change and Public Procurement: Are We Shifting the Legal Discourse? Marta Andhov (University of Copenhagen, Denmark) and Federica Muscaritoli (University of Copenhagen, Denmark) 3. Subsidiarity Lost Along the Way? EU Public Procurement Legislation on the Road to Sustainability, Ton van den Brink (Utrecht University, the Netherlands) 4. Mandatory Requirements in Sustainable Public Procurement: The Economic Perspective, Enrique Carreras (University of Turin, Italy) and Davide Vannoni (University of Torino, Italy) 5. Coercive, Mimetic and Normative Influences on the Uptake of Sustainable Public Procurement: An Institutional Perspective, Fredo Schotanus (Utrecht University, the Netherlands) and Ruben Nicolas (Utrecht University, the Netherlands) 6. Regulating the Producer Instead of the Procurer – The EU Sustainable Products Initiative and Extended Producer Responsibility as Ways to Foster the Transition to a Circular Economy, Chris Backes (Utrecht University, the Netherlands) and Marlon Boeve (Utrecht University, the Netherlands) Part 2: Sectoral Scrutiny – Mandatory Sustainability Requirements in Current and Future EU (Sectoral) Regulation 7. Charge of the Light Brigade? The Clean Vehicles Directive and the Batteries Regulation, Abby Semple (Greenville Procurement Partners, Ireland) 8. Food: Mandatory EU Public Procurement Criteria for Food after the Farm to Fork Strategy, Hanna Schebesta (Wageningen University, the Netherlands) and Maria José Plana Casado (Wageningen University, the Netherlands) 9. Textiles and Clothing: Mandatory Social Requirements as the Way Forward? Malgorzata Koszewska (Lodz University of Technology, Poland) and Jeanne Svensky Ligte (Lodz University of Technology, Poland) 10. Transforming the Construction Sector Through Minimum Requirements, Dorothy Gruyaert (KU Leuven, Belgium) and Veerle Pissierssens (Lawyer, Belgium) Part 3: Member State Experiences – Mandatory Sustainability Requirements on the Member State Level 11. Italy: Leading the Way Towards Mandatory Sustainable Public Procurement through Minimum Environmental Criteria, Guilia Botta (University of Milan, Italy) 12. The Netherlands: Obligations to Justify the Lowest Price and to Create as Much Societal Value as Possible, Paul Heijnsbroek (Straatman Koster, the Netherlands) 13. Spain: Transitioning Towards Sustainable Public Procurement Mandatory Requirements, Ximena Lazo Vitoria (University of Alcalá, Spain) Part 4: Future Perspectives – The Future of Sustainable Public Procurement 14. Mandatory Requirements in Public Procurement Law: The Role of Remedies, Courts and Public Interest Litigation, François Lichère (University of Jean Moulin Lyon 3, France) and Oriane Sulpice (University Lumière Lyon 2, France) 15. Collective Reflections on the Future of Mandatory Sustainable Public Procurement, Roberto Caranta (University of Turin, Italy) and Willem Janssen (Utrecht University, the Netherlands)
£90.00
Bloomsbury Publishing PLC Major Cases in Climate Law
Book SynopsisClimate change is one of the great problems facing humanity; this book introduces readers to major rulings from around the world that centre on climate change as a core focus. In addition to including general considerations, discussion, and analysis of major climate cases, the book engages with specific case studies. A range of major rulings from around the world are examined in detail: The Heathrow Runway Case (UK); The Urgenda Case (Netherlands); The Colombian Amazon Case (Colombia); The Centre for Oil Pollution Watch Case (Nigeria); The Gloucester Resources Case (Australia); Climate Case Ireland (Ireland). The reader is taken through relevant facts, issues, law and commentary pertinent to each case, and a clear, critical and evaluative account of each ruling is provided. Climate law has emerged more recently than many other established branches of law, yet it is fast becoming one of the most discussed and studied areas of law around the world. This introduction to important cases in the area is essential reading for students, lawyers, and researchers engaged with climate law and policy in educational and practical settings.
£85.00
Bloomsbury Publishing PLC Climate Change Law and Practice
Book SynopsisDr Louise Smail has extensive experience in the field of environmental law, climate change and risk management with a wide range of organisations, including local government, police, manufacturing and many train operating companies. Louise has worked as a principal consultant and director of two international consulting groups. She works on high profile projects looking at business risk evaluation and performance at board level, as well as the impact of changes in environmental legislation in both the UK and Europe.Louise is the author of a number of books published by Bloomsbury Professional, including Water and Waste Regulation (2024), and (co-authored with Charlotte Waters and Mike Appleby) The Law of Renewable Energy (2020) and HSE and Environment Agency Prosecution: The New Climate (2019).
£999.99
Taylor & Francis Ltd Protecting the Ozone Layer: The United Nations History
Book SynopsisIn the 1970s the world became aware of a huge danger: the destruction of the stratospheric ozone layer by CFCs escaping into the atmosphere, and the damage this could do to human health and the food chain. So great was the threat that by 1987 the UN had succeeded in coordinating an international treaty to phase out emissions; which, over the following 15 years has been implemented. It has been hailed as an outstanding success. It needed the participation of all the parties: governments, industry, scientists, campaigners, NGOs and the media, and is a model for future treaties. This volume provides the authoritative and comprehensive history of the whole process from the earliest warning signs to the present. It is an invaluable record for all those involved and a necessary reference for future negotiations to a wide range of scholars, students and professionals.Trade Review'One of the most impressive environmental books ever written.' Ambassador Richard Benedick, US Negotiator to the Montreal Protocol and author of Ozone Diplomacy '[An] outstanding historical account.' European Environment 'The remarkable story of how all countries - rich and poor, capitalist and communist, North and South - joined together against a common enemy: environmental destruction.' Mostafa K Tolba, Under-Secretary-General, United Nations, and Executive Director, United Nations Environment Programme, 1976-1992 'The strength of this book is its comprehensive character, written by two experts. The result is a book that is unique in its documentation and contains the most interesting insights.' International Journal of Sustainable Development 'The book is brought to life by personal perspectives. Here, some of the leading players - politicians, scientists, industrialists and environmentalists - give their own view of events.' Times Higher Education Supplement 'Sarma and Anderson's book is full of wonderful vignettes that demonstrate the creativity and dedication of government scientists and civil servants who worked for over a decade to create a workable global environmental management regime.' NatureTable of ContentsThe Science of Ozone depletion: From Theory to Certainty * Diplomacy: the Beginning, 1974-1987 * Diplomacy: From Strength to Strength, 1988-1992 * Diplomacy: Racing Towards Success * Technology and Business Policy * Implementation of the Montreal Protocol * Compliance with the Montreal Protocol * Media Coverage of the Ozone-layer Issue * Environmental NGO's, the Ozone layer and the Montreal Protocol * Notes * List of Acronyms and Abbreviations * Glossary * About the Contributors * Index
£109.41
Springer Building the Case How Lawyers are Leading on Sustainability
Book SynopsisShining the Spotlight: Lawyers Leading on Sustainability by Andrew Mclaughlin.- Legacy in Practice: A Family-Driven Path to Sustainability Law by Conor Chell.- The Law, the Planet and the Future by Bob Rae.- ESG at the Crossroads of Polarization by Erin O'Toole.- Sustainability Standards and the Practice of Law by Michael Torrance.- Building A Human Rights Program by Jonathan Drimmer.- Taming the Uncertainty: The Art & Science of Corporate Human Rights Counsel by Yousuf Aftab.- Advancing the Power and Water Sectors by Aaron Atcheson.- Healing Tomorrow: Designing Sustainable Healthcare in a Complicated World by Jennifer Suess.- Indigenous Law and Sustainability by Sandy Carpenter.- Social Sustainability and Workplace Law by Jillian Frank.- Beyond the Bar: Purpose, Risk and Innovation by David Myrol.- Dissecting Sustainability: A critical approach to the Sustainable Development Discourse by Carlos Escoto.- Drop by Drop: Resiliency and the Pursuit of Personal Ideals and Professional Passions by Shenandoah Johns.
£94.99
Springer International Yearbook of Soil Law and Policy 2025
Book SynopsisForeword by Dirk Messner.- Part I: The Theme: The Global Multiple Crisis and Sustainable Soil Management: Soil Law: Protection and Restoration of the Finite Resource by Rattan Lal.- Soil, War and the Battle Against Misinformation: Debunking Myths in Ukraine’s Agricultural Recovery by Olena Melnyk et al.- Sustainable Soil Management in Failed or Destabilized States by Delwendé Innocent Kiba and Wendpayangdé Inès Carolle Kiba.- One Security by Alex McBratney and Daniel Park.-Global Soil Governance in the Midst of Health Pandemics and Crises: WHO Pandemic Treaty, 2025 to the Rescue? by Pamela Towela Sambo.- Losing Ground: Soil Degradation, Displacement, and the Global Climate Crisis by Giuseppe Poderati.- Political Framework Conditions and Legal Instruments of Soil Protection to Prevent Hunger and Achieve Food Security by Irene Heuser.- Law and Policy, and Sustainable Agriculture by Ian Hannam and Thomas Hannam.-EU Law and the Energy Transition: Leaving Soils Behind? by Matteo Fermeglia und Heloísa Oliveira.- Digitalisation, Artificial Intelligence and Sustainability in the Context of Sustainable Soil Management: The Future Role of Law and Governance? by Harald Ginzky and Oliver Ruppel.- Degrading the Soil: An Act of Ecocide? by Ian Hannam.- Part II: Recent International Developments: Fertile Ground or Barren Policy? Evaluating Cross-Convention Approaches to Soil Protection by Tejas Rao.- UNCCD COP16: Key Discussions and Outcomes on Science, Participation, and Drought, and the Growing Emphasis on Agriculture and Rangelands by Jonathan Schieren, Laura Madrid and Ben Akintola.- Plastic Pollution in Soils – the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment by Alexandara Harrington.- Soil Protection and the Alpine Convention by Elfi Hasler.- Part III: Regional/National Reports: Soil Protection Law in Austria by Gerd Schnedl.- Soil legislation by the European Union: an EU “Soil Monitoring Law” on the Horizon? by Harald Ginzky and Siliva Pieper.- Recent Developments in Soil Governance in Australia: The Drive Towards a National Policy and Implications for Rural Land by Andrew Lawson.- Soil Erosion and Dust Storm in Iran and the Middle East Region from the Perspective of International Law by Ali Mashhadi.- Social and Ecological Sustainability of Land Improvement and Soil Use in the Japanese Agricultural Sector: Focusing on Gender Equality and Biodiversity by Kohei Kameoka and Mitsu Takahashi.- Part IV: Cross-cutting Issues: A Strategy for Soil Protection on a Local Scale: Nature-Based Solutions for Making the City of Kassel (Germany) Climate Neutral by Jochen Wulfhorst.- From Land to Soil: Changes and Setbacks in French Law by Maylis Desrousseaux.- Forest Soil Protection in Germany – Innovations from a Leaked Federal Forest Act Amendment Draft in 2023 by Ina Krahl.
£44.99
Springer-Verlag GmbH Adapting to Climate Change
£49.49
Springer The Normative and Regulatory Challenges for the Implementation of the European DeforestationFree Regulation in Third Affected Countries
Book SynopsisIntroduction.- EU as ‘Global Standard-Setter’ in Climate Change and Effects on Non-EU Countries.- Assessing the EUDR’S Challenges and Opportunities.- Potential Dispute Resolution Alternatives.- The Impacts of the EUDR in Brazil.- General Conclusion.
£104.49
Springer International Publishing AG Energy Law in Brazil: Oil, Gas and Biofuels
Book SynopsisThis book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.Table of ContentsPart I: Introduction: The Brazilian Scenario of the Oil, Gas and Biofuel Industry.- Part II: The Regulation of Oil and Gas Industry in Brazil.- Part III: The Regulation of Biofuels Industry in Brazil.- Part V: The Tax Law and the Brazilian Oil, Gas and Biofuels industry.- Part VII: International Law and the International Legal Aspects of Brazilian.
£85.49
Brill Access to Environmental Justice: A Comparative Study
Book SynopsisAlthough it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.Table of ContentsThe Contributors; Chapter 1: Access to Environmental Justice: Some Introductory Perspectives Andrew Harding; Chapter 2: Access to Environmental Justice in Ghana (Accra) James S. Read; Chapter 3: Access to Environmental Justice in India’s Garden City (Bangalore) Amanda Perry-Kessaris; Chapter 4: Access to Environmental Justice in Indonesia Adriaan Bedner; Chapter 5: Access to Environmental Justice in Malaysia (Kuala Lumpur) Andrew Harding and Azmi Sharom; Chapter 6: Access to Environmental Justice in a Politically Unstable Environment: A Case Study of Nepal Surya Subedi; Chapter 7: Access to Environmental Justice: Karachi’s Urban Poor and the Law Martin Lau; Chapter 8: Towards a Greener China? Accessing Environmental Justice in the People’s Republic of China Michael Palmer; Chapter 9: Access to Environmental Justice in the South West Pacific Nicola Pain; Chapter 10: Access to Environmental Justice and Public Participation in Thailand Thawilwadee Bureekul; Chapter 11: Access to Environmental Justice in United Kingdom Law Jean-Jacques Paradissis and Michael Purdue; Chapter 12: Access to Environmental Justice in the United States: Embracing Environmental and Social Concerns to Achieve Environmental Justice J. Mijin Cha; A Note on Environmental Law-Enforcement Duties Andrew Harding; Index.
£188.00
Brill Changes in the Arctic Environment and the Law of the Sea
Book SynopsisChanges in the Arctic Environment and the Law of the Sea is based on the 33rd Annual Conference of the Center for Oceans Law and Policy, a primary sponsor, along with the Law of the Sea Institute of Iceland as well as with the U.S. Arctic Commission, the University of Alaska (Fairbanks) and the Law of the Sea Institute, Law School (Boalt Hall), University of California, Berkeley.Table of ContentsThe Alaskan Context Welcoming Remarks, Mead Treadwell Conference Emphasizes Cooperation, Notes Gaps in Arctic Management, Tkac Panel I: Overview of Changes in the Arctic Environment and the Law of the Sea Introductory Remarks, Satya N. Nandan The UNCLOS Negotiations on Ice-Covered Areas, John Norton Moore Cooperation or Conflict in the Arctic, Rob Huebert National Maritime Claims in the Arctic, Brian J. Van Pay Panel II: Scientific Background Introductory Remarks, Barbara Moore Sea Floor Mapping and Exploration in a Changing Arctic Sea Ice Environment, Larry Mayer Changes in the Arctic Environment, Stephen A. Macko A Network of Marine Protected Areas in the Arctic: Promises and Challenges, Suzanne Lalonde Comments and Q & A for Panels I & II Panel III: Arctic Marine Transport Introductory Remarks, RADM Arthur E. Brooks The Arctic Council’s Arctic Marine Shipping Assessment, Lawson W. Brigham International Arctic Shipping: Towards Strategic Scaling-Up of Marine Environment Protection, Aldo Chircop Arctic Marine Transport: Navigation Issues, Capt. J. Ashley Roach (ret.) Panel IV: Northwest Passage, Northern Sea Route and Trans-polar Route Introductory Remarks, Rüdiger Wolfrum The Northwest Passage: International Law, Politics and Cooperation, Ted L. McDorman Arctic Strategy and Military Security, CDR James Kraska Northern Sea Route: Legal Issues and Current Transportation Practice, Alexander S. Skaridov Comments and Q & A for Panels III & IV Panel V: New Challenges: Arctic Marine Environment & Biodiversity Introductory Remarks, David D. Caron Ensuring the Protection of Arctic Marine Biodiversity in the Face of Climate Change, Jennifer Jeffers Has International Law Failed the Polar Bear? Nigel Bankes New Roles for the US Coast Guard [PowerPoint only], CDR James D. McMahon The Need for Ecosystem-Based Management of the Arctic, H. Jordan Diamond Panel VI: Arctic Living Resources Introductory Remarks, David VanderZwaag Considering Future Arctic Fisheries, David A. Balton Issues in Arctic Fisheries Governance: A Canadian Perspective, Lorraine (Lori) Ridgeway A Perspective from an Alaskan Native, Earl Kingik Comments and Q & A for Panels V & VI Panel VII: Continental Shelf Limits and Jurisdiction Introductory Remarks, Tomas H. Heidar US Continental Shelf Policy, Margaret F. Hayes Danish Interests in the Arctic, Thomas Winkler Russian Policy on the Arctic Continental Shelf, Alexander S. Skaridov Complications in Delimiting the Outer Continental Shelf, Ron Macnab Panel VIII: Arctic Offshore Oil and Gas Resources Introductory Remarks, Paul L. Kelly Russia’s Polar Oil and Gas Potential, Anatoly Zolotukhin Private Oil and Gas Development in the Arctic Ocean [Abstract & PowerPoint only], Peter Slaiby US Geological Survey Circum-Arctic Resource Appraisal [Abstract & PowerPoint only], Brenda S. Pierce Comments and Q & A for Panels VII & VIII Panel IX: Spitsbergen (Svalbard) Introductory Remarks, Myron H. Nordquist The Disputed Maritime Zones Around Svalbard, Robin Churchill and Geir Ulfstein
£208.80
Brill The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments
Book SynopsisThe Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development–centred approach, The Contribution of International Fisheries Law to Human Development is essential reading for all those involved in the fields of international environmental law and sustainable human development.Trade Review"Dr Neinke Van der Burgt writes a fascinating and timely analysis of international fisheries instruments that goes beyond interpretations of sustainability and commerce, and analyses the influence of these instruments on human development." -Quentin Hanich, University of Wollongong
£205.38
Brill Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity
Book SynopsisThe Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.Table of ContentsPREFACE by Prof. Francesco Francioni ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS TABLE OF CITED LEGAL MATERIALS INTRODUCTION I. The International Debate on Access and Benefit-sharing 1. Asymmetries and the Ethical Rationale for ABS 2. An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS 3. The ABS Provisions of the CBD II. From the CBD to the Nagoya Protocol via the Bonn Guidelines III. Traditional Knowledge and ABS IV. Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol 1. Internationally Recognized Human Rights of Indigenous Peoples 2. Internationally Recognized Rights of Local Communities 3. Human Rights-related Risks and Opportunities, Limitations and Innovations under the Protocol V. About This Commentary ARTICLE 1 I. Overview II. Objective and Means III. Traditional Knowledge IV. Links with Conservation and Sustainable Use V. Legal and Practical Functions ARTICLE 2 I. Overview II. Utilization of Genetic Resources 1. The Intent 2. The Material a. Derivatives b. Commodities in trade III. Utilization of Traditional Knowledge ARTICLE 3 I. Overview II. Subject-matter Scope 1. Human Genetic Resources III. Outstanding Questions 1. Temporal Scope 2. Spatial Scope ARTICLE 4 I. Overview II. Relationship with Existing Agreements 1. Examples of Existing Agreements III. Relationships with Future Agreements 1. WIPO Negotiations III. Relationship with Specialized ABS Instruments 1. Genetic Resources covered by the ITPGRFA 2. Genetic Resources with Pathogenic Properties 3. Marine Genetic Resources in Areas beyond National Jurisdiction 4. CGRFA ARTICLE 5 I. Overview II. Inter-State Benefit-sharing from the Utilization of Genetic Resources 1. Means of Implementation III. Intra-State Benefit-sharing from the Utilization of Genetic Resources Held by Indigenous and Local Communities 1. States’ Obligation 2. ‘Established Rights’ and Other Qualifications IV. Benefit-sharing from Traditional Knowledge V. The Role of Mutually Agreed Terms VI. Monetary and Non-monetary Benefits ARTICLE 6 I. Overview II. Background III. Access to Genetic Resources: The Inter-State Dimension 1. National Sovereignty over Genetic Resources and Domestic Measures on Access 2. The Concept of State PIC IV. Access to Genetic Resources Held by Indigenous and Local Communities 1. Parties’ Obligation 2. The Concept of Community PIC concerning Genetic Resources a. Approval and Involvement b. Community PIC and Private-sector Users V. Access Standards 1. Legal Certainty, Clarity and Transparency 2. Fair and Non-arbitrary Access Rules and Procedures VI. Minimum Procedural Requirements for PIC VII. Minimum Requirements for MAT ARTICLE 7 I. Overview II. Community PIC in relation to Traditional Knowledge III. Qualifications ARTICLE 8 I. Overview II. Research Contributing to Conservation and Sustainable Use 1. Rationale 2. The Obligation III. Genetic Resources and Health-related Emergencies IV. Genetic Resources for Food and Agriculture ARTICLE 9 I. Overview II. Contribution to a Coherent Interpretation of the Three CBD objectives III. Means of Implementation IV. Benefits for Indigenous and Local Communities ARTICLE 10 I. Overview II. The Need for a Multilateral Benefit-sharing Mechanism 1. Transboundary Situations 2. Situations Where It Is Not Possible to Grant or Obtain PIC III. Features of a Global Benefit-Sharing Mechanism IV. Promoting a Coherent Interpretation of the Three CBD Objectives ARTICLE 11 I. Overview II. Obligation to Cooperate III. Transboundary Cooperation concerning Genetic Resources IV. Transboundary Cooperation concerning Traditional knowledge ARTICLE 12 I. Overview II. General Clause 1. Community Protocols III. Obligation to Inform Potential Users IV. Obligation to Support V. Prohibition to Restrict Customary Use and Exchange ARTICLE 13 I. Overview II. National Focal Points III. Competent National Authorities ARTICLE 14 I. Overview II. Link with the CBD Clearinghouse Mechanism III. The Functions of the ABS Clearinghouse IV. Types of Information V. Outstanding Legal Issues ARTICLE 15 I. Overview II. ‘Compliance’ under Articles 15 and 16: Context and Responses to Conceptual Challenges III. Obligation to Adopt Domestic User-side Measures 1. The Obligation to ‘Provide’ 2. Means of Implementation IV. Obligation to Enforce V. Obligation to Cooperate ARTICLE 16 I. Overview II. Similarities and Differences vis-à-vis Article 15 III. Lack of Parallel Provisions on Compliance concerning ABS related to Genetic Resources and ABS related to Traditional Knowledge ARTICLE 17 I. Overview II. Checkpoints 1. Characteristics and Functions III. The Internationally Recognized Certificate of Compliance ARTICLE 18 I. Overview II. Dispute Resolution Provisions in MAT III. Opportunity to Seek Recourse IV. Access to Justice and Recognition of Foreign Judgments V. Jurisdiction and Access to Justice in cases of Violation of Provider Country ABS Frameworks ARTICLE 19 I. Overview II. Obligation for Parties III. Mandate for the Protocol’s Governing Body ARTICLE 20 I. Overview II. Obligation for Parties III. Mandate for the Protocol’s Governing Body ARTICLE 21 I. Overview II. Specific Relevance for Indigenous and Local Communities III. Linkages with Other Provisions ARTICLE 22 I. Overview II. The Obligation to Cooperate III. Country-driven Capacity-building IV. The Capacity of Indigenous and Local Communities and Other Stakeholders V. ABS-related Development Cooperation ARTICLE 23 I. Overview II. Technology Collaboration and Cooperation III. Technology Transfer ARTICLE 24 ARTICLE 25 I. Overview II. Financial Mechanism III. Other Bilateral, Regional and Multilateral Channels for Financial Resources ARTICLE 26 I. Overview II. The Functioning of the COP/MOP III. Relationship with the CBD COP ARTICLE 27 ARTICLE 28 ARTICLE 29 I. Overview II. Functions and Links ARTICLE 30 I. Overview II. Common Features III. Distinctive Features 1. Compliance in Bilateral Relations between Provider and User Countries 2. Compliance vis-à-vis Indigenous and Local Communities 3. Compliance in State-Private Parties Relations IV. Links with Other Protocol Provisions V. Dispute Settlement ARTICLE 31 I. Overview II. Functions and Links FINAL CLAUSES I. Overview II. Signature and Entry into Force III. Reservations IV. Withdrawals V. Official Languages CONCLUSIONS I. Sustainable Development II. Equity III. Due Diligence IV. Environmental Rights V. Final Words of Caution APPENDIX: TEXT OF THE PREAMBLE OF THE NAGOYA PROTOCOL BIBLIOGRAPHY
£88.80
Brill Environmental Protection in Multi-Layered Systems: Comparative Lessons from the Water Sector
Book SynopsisThe book describes and analyses how environmental issues are regulated in several federal, regional and unitary systems and in the European Union. The comparative analysis reveals common trends towards a multi-layered environmental governance, cross-cutting traditional distinctions among different state models. In the second part, the case study of the management and protection of water resources is selected and analysed in the same legal systems. Disaggregating environmental protection into more specific competence fields allows trends and challenges to be tested The book casts light on the relationship between the state models as to the division of powers and environmental governance. It develops theoretical and practical foundations of contemporary, multi-level environmental law and challenges consolidated approaches in federal studies.Table of ContentsPreface Marco Onida Introduction Mariachiara Alberton and Francesco Palermo PART I: Forms of States and Environmental Protection PART I A: A Supranational (Quasi-Federal?) Organization: The EU 1. Environmental Governance in the EU Ludwig Kramer PART I B: Classic Federal Models 2. Environmental Governance in the USA Lee Paddock and Jennifer Bowmar 3. Environmental Governance in Germany Gerd Winter 4. Environmental Governance in Switzerland Nicolas Schmitt PART I C: Regional Models 5. Environmental Governance in Spain Agustín García-Ureta and Iñaki Lasagabaster 6. Environmental Governance in Italy Emanuela Orlando 7. Environmental Governance in the UK Colin Reid and Andrea Ross PART I D: (Really) Unitary Models? 8. Environmental Governance in France Alexandre Boiret 9. Environmental Governance in Poland Barbara Iwanska, Paweł Czepiel and Marcin Stoczkiewcz 10. Environmental Governance in the Western Balkans Olivera Kujundzic PART II: Case Studies: The Management and Protection of Water Resources PART II A: A Supranational (Quasi-Federal?) Organization: The EU 11. Water Management and Protection in the EU Elisa Morgera PART II B: Classic Federal Models 12. Water Management and Protection in the USA Lee Paddock and Lea Colasuonno 13. Water Management and Protection in Germany Wolfgang Köck 14. Water Management and Protection in Switzerland David Furger PART II C: Regional Models 15. Water Management and Protection in Spain Jorge Agudo González 16. Water Management and Protection in Italy Mariachiara Alberton and Ekaterina Domorenok 17. Water Management and Protection in the UK Sarah Hendry PART II D: (Really) Unitary Models? 18. Water Management and Protection in France Armelle Gouritin 19. Water Management and Protection in Poland Barbara Iwanska, Paweł Czepiel and Marcin Stoczkiewcz 20. Water Management and Protection in the Western Balkans Olivera Kujundzic Concluding Remarks Mariachiara Alberton and Francesco Palermo List of Contributors; Annex 1 Guiding Questionnaire; Index.
£207.20
Brill Climate Change and Environmental Hazards Related to Shipping: An International Legal Framework: Proceedings of the Hamburg International Environmental Law Conference 2011
Book SynopsisIn Climate Change and Environmental Hazards Related to Shipping Hans-Joachim Koch, Doris König, Joachim Sanden and Roda Verheyen provide an edited overview on the recent discussions regarding legal questions of tackling climate change, and the legal instruments related to environmental problems caused by international shipping. An esteemed international group of authors make important contributions to the legal challenges in international, European and domestic law. Focal points are multilateral environmental agreements and the law of the sea as well as the potential contributions by municipalities. This important new collection, based on the research findings of the Hamburg International Environmental Law Conference 2011, are of particular relevance for lawyers and scholars interested in the recent legal discussions on climate change law and environmental Law of the Sea.Table of ContentsForeword by the Editors List of Participants A. Welcoming Addresses Welcome Speech Dieter Lenzen Opening Speech Hans-Joachim Koch B. Climate Change I. Presentations The Budget Approach- A Framework for a global Transformation towards a Low Carbon Economy Dirk Messner et al. A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime Daniel Bodansky Energy Switch in Germany: 100% Renewable Electricity by 2050 Heidi Foth and Sönke Bohm II. Working Groups 1. International Climate Policy before COP 17 Legal Options for Regime Evolution in the Climate Change Regime: Some Comments Marc Pallemaerts International Climate Change Policy: An Indian Perspective Lavanya Rajamani International Climate Law and Policy: An Australian Perspective Jacqueline Peel Discussion Summary Sebastian Oberthür 2. EU and National Initiatives Climate Protection: A South American Perspective Jorge Caillaux Climate Protection and Sustainability in Japan – Tasks following March 11th 2011 Masanori Okada Discussion Summary Astrid Epiney C. Environmental Hazards Caused by Shipping I. Presentations Integrating Shipping into the EU Emissions Trading Scheme? Tim Bäuerle A Cooperative Compliance Strategy: The Voluntary IMO Member State Audit Scheme Lawrence D. Barchue Sr. The ‘Erika III’ Package: Progress or Breach of International Law? Alexander Proelss II. Working Groups 1. Emissions Reduction and Emissions Trading Systems in Shipping Emissions Reduction and Emissions Trading Systems in Shipping: A BIMCO Perspective Torben Skaanild 2. The Prevention of Shipping Accidents Some Comments on the Role of Industry in the Prevention of Environmental Hazards Caused by Shipping Aldo Chircop Discussion Summary Henrik Ringbom D. Protection of the Marine Environment and Climate Change The Impact of Global Warming on the Oceans Mojib Latif Use and Protection of the Seas in Times of Climate Change Jochen Flasbarth Discussion Summary Lilly Weidemann E. Offshore Wind Energy Wind Energy and Marine Environment Protection Ursula Prall Wind Energy and Maritime Spatial Planning Monika Breuch-Moritz and Nico Nolte Discussion Summary Ronán Long F. Cities’ Contributions to Environmental Protection Introductory Remarks on Opportunities of the Cities in the Field of Local Climate Change Governance Joachim Sanden Conclusions of FORUM II: Cities’ Contributions to Environmental Protection Martin Huber and Joachim Sanden G. Results Results: Climate Change Hans-Joachim Koch Results: Environmental Hazards Caused by Shipping Doris König
£143.48
Brill A Procedural Framework for Transboundary Water Management in the Mekong River Basin: Shared Mekong for a Common Future
Book SynopsisIn A Procedural Framework for Transboundary Water Management in the Mekong River Basin: Shared Mekong for a Common Future, Qi Gao explores procedural implications of integrated water resources management and its application in the Mekong River Basin. As a problem-based study, enlightening conclusions are made based on the increasingly polycentric nature of transboundary cooperation in the Mekong region. The procedural requirements in the Mekong context, both the ideal and practical scenarios are considered, combined with selected case studies. Qi Gao convincingly asserts the necessity to enhance decision-making processes and suggests procedural legal mechanisms to institutionalize sustainability concepts in transboundary cooperation.Table of ContentsPreface Abstract List of Acronyms List of Figures CHAPTER 1 INTRODUCTION I The Mighty Mekong: A River at Risk II Challenge-Response: The Rationale for a Procedural Perspective III Overview CHAPTER 2 TOWARDS SUSTAINABLE DEVELOPMENT: A MULTIDIMENSIONAL DEBATE IN THE MEKONG CONTEXT I Development and Environment: Multifaceted Dilemma II Existing Decision-making Landscapes: Polycentric Governance and Diverse Actors III Difficulties, Aspirations and Directions for Mekong Water Management Reform in a Polycentric Context CHAPTER 3 INFORMATION ACQUISITION AND EXCHANGE ON A REGULAR BASIS I International Water Law and Selected Cases II Status Quo and Prospects in the Mekong Region CHAPTER 4 NOTIFICATION AND CONSULTATION IN GOOD FAITH I Prior Notification and Consultation on Planned Activities II Emergency Notification and Cooperation in its Response CHAPTER 5 ACCESS TO INFORMATION AND PUBLIC PARTICIPATION I Introduction II Access to Information and Public Participation under International Environmental Law III The Development of Access to Information and Public Participation in the Context of the Mekong Region IV Towards Deliberative Decision-making Processes in the Mekong Region: Regional and Domestic Strategies CHAPTER 6 TRANSBOUNDARY ENVIRONMENTAL IMPACT ASSESSMENT AND STRATEGIC ENVIRONMENTAL ASSESSMENT I Introduction II Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) Procedures under the International Law III The Development of Transboundary SEA in the Context of the Mekong Region IV The Development of Transboundary EIA in the Context of the Mekong Region CHAPTER 7 CONCLUSIONS AND RECOMMENDATIONS I Summary: A Procedural Framework II The Effectiveness of Procedural Mechanisms III Possible Perspectives for Future Research REFERENCES INDEX
£156.00
Brill L’être situé , Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryuichi Ida
Book SynopsisThe traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.Table of ContentsContents Préface Vii Acknowledgements X List of Figures and Tables XII List of Contributors XIII part 1 - “L’ être situé” : Deconstruction of Universality 1 L’État situé dans le droit international de l’investissement 3 Shotaro Hamamoto 2 “ L’État situé” in the Context of the Accession of Developing Countries to the wto 23 Tomonori Mizushima 3 The Functional Approach in le droit international de développement: A Theoretical Appraisal 37 Zhian Wang 4 Emerging Economies and International Economic Law: A Case Study on Thailand 63 Sakda Thanitcul 5 Universal Jurisdiction in a Context: From Dialectic to Dialogue 89 Mari Takeuchi part 2 - Effectiveness: Formality of Law and Amorphous Reality 6 Running Many ftas is Like Balancing between Many Bicycles: A Multidimensional Comparison of Institutional Provisions in Japan’s ftas 115 Tomohiko Kobayashi 7 Provisional Measures in Investor-State Dispute Settlement: Reappearance of Community of Investment Interests? 144 Dai Tamada 8 New Relationship between the United Nations and Regional Organizations in Peace Security: A Case of the African Union 165 Hironobu Sakai part 3 - Law-Making: International Law Catching Up with the Globalizing Community 9 International and Domestic Laws in Collaboration: An Effective Means of Environmental Liability Regime-Making 193 Akiho Shibata 10 New Perspectives on Soft Law: Towards More Effective Regime Governance 214 Tatsuya Abe 11 The Defence of Necessity as Customary International Law: The Fisheries Jurisdiction Case (Spain v. Canada) Re-examined 238 Takuhei Yamada 12 Catching Up with Society – What, How, and Why: The Regulation of the un Security Council’s Targeted Sanctions 255 Machiko Kanetake Bibliography of Professor Ryuichi Ida (with abbreviations used in this book) 285 Index 296
£150.40
Brill Transboundary Governance of Biodiversity
Book SynopsisTransboundary Governance of Biodiversity compiles critical analysis of the regulatory frameworks applicable to the transboundary governance of biodiversity by specialists from Europe and Africa. Drawing on their vast experience as lawyers, political scientists and natural resource management experts, they provide a critique and contemporary perspectives on what has become one of the most challenging aspects of global environmental governance in the Anthropocene: effective biodiversity conservation in times of unprecedented environmetal crises. With a unique North-South focus and a legal focus infused by multi-disciplinary regulatory dimensions, this peer-reviewed publication offers a comprehensive analysis of international and regional environmental law frameworks applicable to the transboundary governance of biodiversity.Table of ContentsPart 1: General issues Chapter 1: Introduction (Louis J. Kotzé and Thilo Marauhn) Chapter 2: Transboundary Environmental Governance of Biodiversity in the Anthropocene (Louis J. Kotzé) Chapter 3: The Concept of Public Trusteeship in the Transboundary Governance of Biodiversity (Peter H. Sand) Chapter 4: Transfrontier Protection of the Natural Environment, Globalization and State Sovereignty (Francois Venter) Chapter 5: An Ecosystem Approach to the Transboundary Protection of Biodiversity (Thilo Marauhn and Ayşe-Martina Böhringer) Part 2: Supranational perspectives Chapter 6: Universal Transboundary Protection of Biodiversity and its Impact on the Low-level Transboundary Protection of Wildlife (Ulrich Beyerlin) Chapter 7: European Regional Approaches to the Transboundary Conservation of Biodiversity: the Bern Convention and the EU Birds and Habitats Directives (Floor Fleurke and Arie Trouwborst) Chapter 8: Protected Areas Governance in a Southern African Transfrontier Context (Alexander Paterson) Chapter 9: A Legal Appraisal of the SADC Normative Framework related to Biodiversity Conservation in TFCAs (Niel Lubbe) Part 3: Selected issues Chapter 10: From North to South: Legal Pathways to Stimulate Biodiversity Conservation in Developing Countries through Transboundary Trade in Biodiversity Resources (Jonathan Verschuuren) Chapter 11: Southern African Perspectives on the Relationship between Transfrontier Conservation Areas (TFCAs) and the Protection of Rights (Anél Du Plessis and Willemien Du Plessis) Chapter 12: Rural People in Southern African Transfrontier Conservation Areas: A Question of Governance (Clara Bocchino) Chapter 13: Access to Bio-energy vis-à-vis Biodiversity Conservation in SADC: Conflicting Objectives? (Michelle Barnard) Chapter 14: Transboundary Protection of Biodiversity in the Context of Human and Environmental Security and Climate Change (Dewald van Niekerk and Leandri Hildebrandt)
£167.20
Brill Promoting Transboundary Water Security in the Aral Sea Basin through International Law
Book SynopsisWater security threats arising from inadequate access to water for sustaining ecosystems, livelihoods, human well-being and socio-economic development has gained increasing attention over the past decades all over the world, but especially in international river basins shared by two or more states. In the Aral Sea basin, shared by Afghanistan and five post-Soviet republics of Central Asia – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan - water security issues are extremely pressing due to heavy reliance on, and competition over, shared waters. Promoting Transboundary Water Security in the Aral Sea Basin through International Law addresses the current gap in the literature by moving beyond the static identification of treaties and norms to examine how these treaties and norms can work for water security in practice. In its thorough and incisive scholarship, the book serves as a contribution toward peaceful and sustainable regulation of transboundary watercourses and their ecosystems in the Aral Sea basin.Table of ContentsIntroduction 1.1. Problematique and research question 1.2. Contribution to existing research 1.3. Methodology and outline of the book Part One: A Conceptual and Analytical Framework Chapter 2. Understanding International Law: A Conceptual and Analytical Framework 2.1. International law: Norms, behaviour, consciousness 2.1.1. Normative facet: Legal norms 2.1.2. Sociological facet: Legally relevant behaviour 2.1.3. Psychological facet: Legal consciousness 2.1.4. Legal relationships within normative communities 2.2. Analytical framework: Properties of norms and processes 2.2.1. Norm properties: Determinacy and stringency 2.2.2. Process properties: Inclusiveness, transparency, discursiveness and coherence Conclusion Part Two: Understanding International Water Law in the Aral Sea Basin Chapter 3. Setting the Scene: the Aral Sea Basin 3.1. Transboundary waters of the Aral Sea basin: Challenges and opportunities 3.1.1 Physical characteristics of the basin 3.1.2 Socio-economic uses and environmental concerns 3.2. Legal instruments that govern transboundary waters in the Aral Sea basin 3.2.1 Treaties at sub-regional level 3.2.2 Treaties at regional and global levels Chapter 4. Scope and Substantive Norms in the Aral Sea Basin: Norm Properties 4.1. Scope 4.2. Substantive norms 4.2.1. The principle of equitable and reasonable use 4.2.2. The no-harm rule 4.2.3. Obligations related to environmental protection 4.3. Substantive norms within a system of international water law Chapter 5. Procedural System of Transboundary Water Cooperation in the Aral Sea Basin: Norm Properties 5.1 Cooperation through joint bodies 5.2 Regular information exchange and consultations 5.3 Prior notification on planned measures and other related obligations 5.4 Transboundary impact assessment 5.5 Emergency cooperation 5.6 Compliance review 5.7 Dispute settlement Conclusion Chapter 6. International Water Law in the Aral Sea Basin: Process Properties 6.1. Inclusiveness 6.2. Transparency 6.3. Discursiveness 6.4. Coherence Conclusion Chapter 7. Making Use of the International Water Law in the Aral Sea Basin and Beyond: Main Findings, Recommendations, and Broader Implications 7.1. International water law in the Aral Sea basin: Main findings and recommendations 7.1.1. Improve treaty system in a multilevel governance context 7.1.2. Enable the dual role of legal norms for stability and peaceful change 7.1.3. Make process matter 7.1.4. Catalyse actors 7.1.5. Enhance legal consciousness 7.1.6. Increase transparency and strengthen linkages 7.1.7. Transform intergovernmental bargaining into deliberative problem solving 7.1.8. Build normative communities 7.2. Making use of international (water) law: Broader implications and areas for future research Conclusions
£136.80
Brill The Oceans in the Nuclear Age: Legacies and Risks: Expanded Edition
Book SynopsisThe advent of the nuclear age in 1945 fundamentally altered the course of human events. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into the history of that age. Knowledge of what the nuclear age has meant for the oceans, however, is highly fragmented and there exists a surprising gap in research on the impact of the nuclear age on the oceans and on ocean law and policy. Ranging from dumped wastes to transportation to security, this study frames the complex multidimensional set of relationships between the oceans and the nuclear age and illuminates patterns of impact and response in ocean law. This timely expanded edition includes a new chapter by Lt. Todd Hutchins, USN, on “Nuclear Risks in Coastal Areas: Legal and Regulatory Responses.” It provides a full discussion of the 2011 coastal Fukushima Nuclear Power Plant disaster, together with analysis more generally of the challenges to the environment and to the legal order globally that are posed by coastal siting of nuclear power plants.Trade ReviewOceans in the Nuclear Age probes the legal and policy challenges of managing past, present, and possible future nuclear uses of the oceans. It brings together in one place multidisciplinary perspectives on critical questions: How should we respond to terrorist threats against nuclear cargoes and vessels, safely transport nuclear fuel, and address the legacy of nuclear tests and dumping radioactive waste at sea? How have activities on land – the operation of nuclear waste disposal sites and the meltdown of Japan’s Fukushima nuclear power plant – affected our oceans and its resources? The book’s careful analyses provide essential reading for anyone concerned about these questions, so vital to the world’s health, environment, development, and security. – John E. Noyes, California Western School of LawTable of ContentsCONTENTS Preface and Acknowledgements Preface to the Expanded Edition List of Treaties and Other Official Acts List of Cases PART ONE: INTRODUCTION Chapter One Assessing the Impact of the Nuclear Age on the Oceans and Its Legal Regime by David D. Caron and Harry N. Scheiber PART TWO: RADIOACTIVE WASTES IN THE OCEANS: MANAGING THE PAST AND CONSIDERING THE FUTURE Chapter Two Deep Sea Impacts by Hjalmar Thiel Chapter Three Risk and Vulnerability at Contaminated Sites in the Pacific and Australian Proving Grounds from a ‘Long-Term Stewardship’ Perspective: What Have We Learned? by Thomas M. Leschine Chapter Four Legacies and Perils from the Perspective of the Republic of the Marshall Islands Nuclear Claims Tribunal by Philip A. Okney Chapter Five The Legacy of French Nuclear Testing in the Pacific by Laurence Cordonnery Chapter Six Hazardous Substances and the Baltic Sea by Malgosia Fitzmaurice Chapter Seven New Opportunities and Deep Ocean Technologies for Assessing the Feasibility of Sub-Seabed High-Level Radioactive Waste Disposal: The Application of 21st Century Oceanography to Solving Outstanding Problems by Daniel J. Fornari Chapter Eight Sub-Seabed Disposal of High Level Radioactive Waste: The Policy Context Then and Now by Edward L. Miles PART THREE: THE OCEAN TRANSPORT OF RADIOACTIVE FUEL AND WASTE Chapter Nine Ocean Transport of Radioactive Fuel and Waste by Jon M. Van Dyke† Chapter Ten Transportation of Radioactive Materials through the Caribbean Sea: The Development of a Nuclear-Free Zone by Luis E. Rodríguez-Rivera Chapter Eleven Ocean Transport of Radioactive Fuel and Waste: A Japanese Perspective by Masahiro Miyoshi Chapter Twelve Navigation of Ships with Nuclear Cargoes:Dialogue between Flag and Coastal States as a Method for Managing the Dispute by Tullio Treves PART FOUR: NUCLEAR WEAPONS AND WEAPON GRADE MATERIAL ON THE OCEANS Chapter Thirteen Maritime Terrorism and the International Law of Boarding of Vessels at Sea: Assessing the New Developments by Ted L. McDorman Chapter Fourteen The Proliferation Security Initiative and Asia by Mark J. Valencia Chapter Fifteen The Proliferation Security Initiative: Amending the Convention on the Law of the Sea by Stealth? by Donald R. Rothwell Chapter Sixteen Cargos of Doom: National Strategies of the U.S. to Combat the Illicit Transport of Weapons of Mass Destruction by Sea by Craig H. Allen Chapter Seventeen Nuclear-Weapon-Free Zones and Maritime Transit of Nuclear Weapons by Scott Parrish Chapter Eighteen Oceans in a Nuclear Age: Security Concerns of the United States by Michael J. Matheson PART FIVE: NUCLEAR ACTIVITIES AND RADIOACTIVE WASTE IN THE ARCTIC Chapter Nineteen Canada, The United States and the Northwest Passage by Elizabeth B. Elliot-Meisel Chapter Twenty The Russian Approach to the Protection of the Arctic Seas from Radioactive Wastes by Alexander S. Skaridov Chapter Twenty-One Arctic Nuclear Pollution by Lakshman D. Guruswamy Chapter Twenty-Two Nuclear Transport along the Northern Route and Nuclear Waste Dumping in the Barents and Kara Seas by R. Douglas Brubaker PART SIX: CONCLUDING DISCUSSION Chapter Twenty-Three Reflections on the Theme of the Oceans in the Nuclear Age by Bernard H. Oxman Chapter Twenty-Four The Oceans in the Nuclear Age: Challenges, Questions and Possibilities by David D. Caron Chapter Twenty-Five Nuclear Risks in Coastal Areas: Legal and Regulatory Responses by Todd Emerson Hutchins Abbreviations Selected Bibliography A Note on Radioactive Materials and their Measurements List of Contributors Index
£92.80
Brill Environmental Protection and Sustainable Development from Rio to Rio+20: Protection de l’environnement et développement durable de Rio à Rio+20
Book SynopsisThe Challenges of Environmental Protection and Sustainable Development from Rio to Rio+20 and Beyond is an innovative and original book which addresses in an analytical and critical way the issues raised by Rio+20. Its content offers a wealth of information from world leading experts in the fields of international law, international environmental law and international health law. The book provides a unique insight in issues which are at the core of the contemporary management of social, environmental and economic questions and thus represents a very important contribution to our further understanding of the concept of sustainable development. It is aimed at a global audience and at anybody interested in the future of our Planet and the fate of future generations. Contributors are: Pia Acconci, Estelle Brosset, Francesco Buonomenna, Lucien Chabason, Carina Costa de Oliveira, Angela Di Stasi, Jérôme Dubois, Malgosia Fitzmaurice, Leonardus Gerber, Elizabeth Hodson de Jaramillo, Sophie Lavallée, Antonio Leandro, Sandrine Maljean-Dubois, Panos Merkouris, Claudia Napoli, Stefania Negri, Anna Oriolo, Rossana Palladino, Teresa Russo, Ingrid Schuler, Francesco Sindico, José Manuel Sobrino Heredia, Hélène Tigroudja, Valentina Vadi, Anna VigoritoTable of ContentsContents Preface ix Malgosia Fitzmaurice Notes on contributors x Introduction 1 Stefania Negri and Sandrine Maljean-Dubois PART 1 The Legal and Institutional Framework 1 The Normative Force of the Outcome Document “The Future We Want” - Brief Remarks 9 Angela Di Stasi 2 La gouvernance globale de l’environnement - Enjeux et perspectives après la Conférence des Nations Unies sur le développement durable « Rio+20 » 27 Sandrine Maljean-Dubois 3 Sustainable Development Partnerships as a Bridge between International Commitments and their National Implementation 40 Carina Costa de Oliveira PART 2 The Environmental Dimension of Sustainable Development 4 The Heritage Dimension of the Climate System and Its Protection for the Benefit of Mankind 65 José Manuel Sobrino Heredia 5 Climate Change and Natural Disasters 80 Panos Merkouris 6 La biodiversité Un pilier pour le développement durable « post-Rio+20 » ? 100 Sophie Lavallée 7 Sustainable Development as Guideline for Oceans and Seas Governance 130 Antonio Leandro 8 Sound Management of Waste and Environmental Protection from Stockholm to Rio+20 143 Teresa Russo PART 3 The Human, Social and Cultural Dimensions of Sustainable Development 9 Elimination de la pauvreté, droits de l’homme et développement durable 161 Hélène Tigroudja 10 Food Security within the Framework of International Assistance for Development - Working towards Rural Sustainability for the Realization of the Right to Food 177 Pia Acconci 11 Le droit à l’eau en tant que droit de l’homme au niveau international et européen. Sa mise en oeuvre « en harmonie avec la nature » dans « L’avenir que nous voulons » 196 Anna Oriolo and Anna Vigorito 12 L’éducation au développement durable - Un droit de l’individu, un devoir de l’Etat 223 Claudia Napoli 13 Environmental Changes and Migration - Responses from Rio to Rio+20 and Beyond 239 Rossana Palladino 14 Sustainable Development and Global Health - Positioning Health in the Post-2015 Development Agenda 264 Stefania Negri PART 4 The Economic Dimension of Sustainable Development 15 Energy and Policy Objectives in the Context of Rio+20 289 Francesco Buonomenna 16 La ville durable comme nouveau modèle de développement - Enjeux et perspectives 303 Jérôme Dubois17 Challenges of Sustainable Development and Productive Use of Biodiversity - The Knowledge Based Bio-Economy Approach 323 Elizabeth Hodson de Jaramillo and Ingrid Schuler 18 Mining and Sustainable Development 334 Leonardus Gerber and Francesco Sindico 19 Nature, Culture and Sustainable Development in International Trade Law 353 Valentina Vadi 20 Brèves observations à propos du droit international et européen des organisms génétiquement modifies du point de vue du développement durable 378 Estelle Brosset Postface Rio+20+2 395 Lucien Chabason Index 403
£184.80
Brill Freedom of Navigation and Globalization
Book SynopsisFreedom of Navigation and Globalization offers a timely analysis of current issues in the Law of the Sea in six Parts. Part I examines co-operative measures taken within the Southeast Asia region to combat piracy and armed robbery against ships, and the historical activities of the Republic of Korea navy in countering piracy. Part II focuses on transnational threats including counter proliferation activities, freedom of navigation, Illegal, Unreported and Unregulated (IUU) fishing, and the regulation of private maritime security companies. Part III consists of two essays on development in the Arctic Ocean. The first updates the activities of the Arctic Council, the second looks at cooperative measures taken by China, Japan, and Korea with respect to science in the Arctic. In Part IV the topic of energy security and sealanes is taken up. Institutional building within ASEAN is examined for maritime security in Southeast Asia. Freedom of navigation is compared with the straight baselines of China in the South China Sea. In the next essay, cooperative efforts to enhance navigational safety and environmental protection in the Straits of Malacca and Singapore are explored. Part V considers balancing marine environmental protection and freedom of navigation. The European Union’s Marine Strategy Framework Directive is reviewed. The dispute settlement regime in UNCLOS and the 2001 International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are analyzed for flag State responsibility for pollution violations. The current mechanisms in the South China Sea marine environment are also evaluated. Part VI discusses marine data collection in the context of its applicability to Part XIII of UNCLOS. Attention is given to the various categories and their legal consequences. The last paper in the volume outlines global challenges such as global warming, rising sea level and changes in the ice over in the Polar Regions.Table of ContentsIntroduction Setting the Context A Globalized World Tommy Koh Part I: Counter Piracy Operations - Asia Combatting Piracy and Armed Robbery in Southeast Asia: An Evolution in Cooperation Tara Davenport The Small But Magnificent Counter-Piracy Operations of the Republic of Korea Youngjoo CHO Part II: Transnational Threats Counter Proliferation Activities and Freedom of Navigation Douglas Guilfoyle Slipping the Net: Why is it so Difficult to Crack Down on IUU Fishing? Seokwoo Lee, Anastasia Telesetsky, and Clive Schofield Regulation of Private Maritime Security Companies in International Law James Kraska Part III: Developments in Arctic Ocean Arctic Council Update Ernst Nordtveit Communications Between the Arctic States and North Pacific Asian States on the Arctic Issues Jong Deog Kim and Anna Jane Choi Part IV: Energy Security and Sealanes Institutional Building for Maritime Security in Southeast Asia: the Role of ASEAN Hao Duy Phan Freedom of Navigation and the Chinese Straight Baselines in the South China Sea Kuen-chen FU The Cooperative Mechanism in the Straits of Malacca and Singapore Leonardo Bernard Part V: Balancing Marine Environment and Freedom of Navigation European Law and Policy Review: Striking a Balance Between Ecosystem Considerations and Navigation Rights Under the Marine Strategy Framework Directive, the Law of the Sea Convention and the Draft Directive on Maritime Spatial Planning Ronán Long Responsibility of Flag States for Pollution of the Marine Environment: The Relevance of the UNCLOS Dispute Settlement Regime Robert Beckman Cooperative Environmental Mechanisms for the South China Sea Shichun WU Part VI: Marine Data Collection Marine Data Collection: US Perspectives J. Ashley Roach Global Ocean Challenges Stephen A. Macko
£136.80
Brill EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility
Book SynopsisIn EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.Table of ContentsEXECUTIVE SUMMARY CHAPTER 1. INTRODUCTION. METHODOLOGY, TERMINOLOGY, BASIC CONCEPTS AND TENSIONS 1.1 What : subject, questions, thesis and hypothesis 1.2 How: the comparative approach applied in the book. A particular focus on the human rights approach 1.2.1 Identification of gaps in EU environmental responsibility law 1.2.2 Gaps in EU environmental responsibility law, international environmental law, and human rights law: the gap filling exercise. Cases of accumulation, complement, confirmation, and conflict 1.2.3 A few norms of international environmental law as potential gap fillers 1.2.4 Introduction to the interplay between environmental protection and human rights protection 1.2.5 Two human rights approaches applied: environmental substantive rights and environmental procedural rights 1.2.5.1 Environmental substantive human rights 1.2.5.2 Environmental procedural rights 1.2.6 Two human rights approaches not applied: the autonomous right to a healthy environment and environmental technical standards 1.2.6.1 The autonomous (human) right to a healthy and protected environment 1.2.6.2 The setting of environmental standards 1.2.7 Potential and limits of Council of Europe human rights law as a gap filler in environmental law 1.2.7.1 EU law before the European Court of Human Rights: jurisdiction of the Court 1.2.7.2 The EU´s accession to the European Convention on Human Rights: insights for the interplay between EU law and the Convention 1.2.7.3 The potential to address structural causes: fair balance requirement and pilot judgments 1.2.7.4 Questioning the potential: four structural difficulties 1.2.7.5 Questioning the potential: the anthropocentric and individual nature of the rights guaranteed 1.3 Introduction to environmental responsibility 1.3.1 Research limited to environmental responsibility: fault, due diligence and obligation of result 1.3.2 (In)Dependence of environmental responsibility: from environmental law and responsibility law to environmental responsibility law 1.3.3 Three functions of environmental responsibility: compensation, prevention and sanction 1.3.3.1 Restoration and compensation 1.3.3.2 Prevention and deterrence 1.3.3.3 Sanction and punishment 1.4 Foundational difficulties encountered by the EU legislator that are addressed in the book 1.4.1 Introduction to the nature of the Directives: the public-private law divide 1.4.2 Introduction to conflicts of competence at the EU level: explaining the economy and gaps of Directives 2004/35 and 2008/99 1.4.2.1 Competence justified on EU environmental law rationale 1.4.2.2 Directive 2008/99: conflict between the Commission and the Council 1.4.2.3 Directive 2004/35: conflict within the European Parliament 1.4.3 Introduction to the tensions concerning the Directives’ content which explain the economy and gaps of Directives 2004/35 and 2008/99 Chapter 2. International environmental law and human rights partially conflict but mainly confirm the anthropocentric conceptions of the Directives 2.1 Gaps in the Directives: definition of damage and harm. The anthropocentric and regulatory approaches 2.1.1 Introduction to environmental damage and harm 2.1.1.1 The environmental wrong: damage is distinct from harm. Both are addressed in the book 2.1.1.2 “What”: the environmental elements captured by law, and “how”: legal approaches to the environmental elements 2.1.1.3 The Directives’ definitions as baselines: they extend to risk of damage and harm and more extensive definitions at the national level 2.1.2 Water, air and land: Criticising the choices made by the EU legislator regarding the definition of environmental damage and harm. Directive 2004/35 2.1.2.1 Generic definition. Art. 2(2) and 2(12) 2.1.2.2 Damage excluded in the dual approach. Art. 3(1)(b) 2.1.2.3 Harm to water resources: an intrinsic approach. Art. 2(1)(b) 2.1.2.4 Harm to waters and the threshold condition. Art. 2(1)(b) 2.1.2.5 Harm to land: an anthropocentric approach. Art. 2(1)(c) 2.1.3 The definition given by the EU legislator in Directive 2008/99 2.1.4 Critical assessment of the definition of damage and harm to water, air and land: limited definition, the threshold condition and the largely anthropocentric approach 2.1.4.1 Limited application to water, air and land 2.1.4.2 The threshold requirement: two criticisms 2.1.4.3 Directive 2004/35 and harm to land: two criticisms 2.1.5 Damage and harm to living species, habitats and ecosystems: the choices made by the EU legislator 2.1.5.1 Damage: the definition given by the EU legislator in Directive 2004/35 2.1.5.2 Harm: the definition given by the EU legislator in Directive 2004/35 2.1.5.3 Damage: the definition given by the EU legislator in Directive 2008/99 2.1.5.4 Harm: the definition given by the EU legislator in Directive 2008/99 2.1.6 Critical assessment of damage and harm to species, habitats and ecosystems 2.1.6.1 Features not covered by the Directives: three common criticisms 2.1.6.2 Directive 2004/35 and damage to protected species and habitats: two criticisms 2.1.7 Definition of damage and harm to natural resource services: the choices made by the EU legislator and critical assessment 2.1.7.1 Definition given by the EU legislator in Directives 2004/35 and 2008/99 2.1.7.2 Critical assessment: the services and ecological services not covered 2.2 gaps in the directives: the grounds for responsibility. Limits of the public and regulatory approach 2.2.1 Introduction: grounds for responsibility trigger the application and the regulatory approach of the Directives 2.2.1.1 A mitigating factor in case of interplay or concurrence between parallel responsibility regimes 2.2.1.2 The Directives: instrumental to enforce EU environmental law 2.2.1.3 Effects of enforcement matters on the regulatory approach and responsibility paradigm 2.2.2 Directive 2004/35: the polluter pays principle is not a ground for environmental responsibility 2.2.2.1 Directive 2004/35 and the polluter pays principle, an economic principle 2.2.2.2 Explaining the polluter pays principle’s overwhelming presence 2.2.2.3 Rejecting the Polluter Pays Principle as grounding environmental responsibility 2.2.3 Directive 2004/35: risk as the main ground and fault as a subsidiary ground for responsibility 2.2.3.1 The dual approach to environmental responsibility: risk and fault 2.2.3.2 Risk as grounding environmental responsibility: general theoretical aspects 2.2.3.3 EU environmental law framing the application of the risk-based responsibility 2.2.3.4 EU environmental law: three forms of prevention obligations 2.2.4 Directive 2008/99: unlawfulness grounding environmental responsibility 2.2.4.1 Grounds for environmental criminal responsibility: three models 2.2.4.2 Unlawfulness as a ground for environmental responsibility: rejection of the autonomous offence 2.2.4.3 Nine environmental offences 2.2.4.4 Definition of unlawfulness: EU environmental law and obligations binding private persons 2.2.4.5 Mens rea: intention and EU definition of “serious negligence” 2.2.5 Identification of the responsible persons. Directive 2004/35: the operator’s responsibility 2.2.5.1 Operation or control of the activity or legally delegated decisive economic power 2.2.5.2 Requirement to establish the causal link 2.2.5.3 Causal link, presumption and diffuse, widespread pollution: the ERG case. 2.2.5.4 Several responsible persons: multiple party causation 2.2.6 Identification of the responsible persons. Directive 2008/99: natural and legal responsible persons 2.2.6.1 Corporate environmental criminals as main environmental offenders 2.2.6.2 Definitions of legal persons and conditions to have them criminally responsible 2.2.7 Impact and limits of the regulatory approach regarding the grounds for responsibility and identification of the responsible person 2.2.7.1 Shift of paradigm: negative effect for the protection and prevention approaches 2.2.7.2 Gaps in EU environmental law mirrored in EU environmental responsibility law: the “boomerang” effect 2.2.7.3 The “boomerang effect”: limits of substantive EU environmental law 2.2.7.4 EU environmental law underpinned by economic interests of lobby groups 2.2.7.5 Structural gaps of EU environmental law. Four issues 2.2.8 Specific gaps of Directive 2008/99: dependence of environmental criminal law upon administrative law and lack of details in relation to “serious negligence” 2.2.8.1 Dependence of environmental criminal law upon administrative law 2.2.8.2 “Serious” negligence: a useless and contested specification 2.2.9 Specific gaps of Directive 2004/35: grounds for responsibility ignored and the ambiguous notion of operator 2.2.9.1 Rejection of profit and guarantee as grounds for responsibility 2.2.9.2 The ambiguous notion of operator 2.3 International environmental law partialy conflicts with the Directives: natural resources vs. biodiversity 2.3.1 Biodiversity and international environmental law: the Biodiversity Convention 2.3.1.1 The Biodiversity Convention: a brief presentation 2.3.1.2 Definition of biodiversity: Article 2 2.3.1.3 EU notion of habitats, services and natural resources: a portion of biodiversity 2.3.1.4 The Biodiversity Convention does not recognise biodiversity’s intrinsic value 2.3.2 Biodiversity and the European Court of human Rights 2.3.2.1 The European Convention on Human Rights: limited potential regarding natural resources and biodiversity 2.3.2.2 The purely instrumental value of environmental elements 2.4 International environmental law and human rights comfirm the Directives through policy diffusion: damage and harm to natural resources 2.4.1 Damage and harm to biodiversity and international environmental law: the Biosafety Protocols 2.4.1.1 A brief presentation 2.4.2.2 Objectives, definitions and scope of application 2.4.2.3 Definition of damage and harm 2.4.2.4 The threshold requirement 2.4.2.5 Pollutions having a “diffuse character” 2.4.2.6 The Biosafety Protocols: confirmation through policy diffusion 2.4.2 Damage and harm to biodiversity and the European Court of Human Rights 2.4.2.1 Damage and harm to environmental values: confirmation 2.4.2.2 Pollutions having a “diffuse character”: (partly) conflict 2.5 Conclusion CHAPTER 3. CONFLICT WITH HUMAN RIGHTS: DEFERENCE TO THE INTERNATIONAL CIVIL LIABILITY FRAMEWORKS THAT APPLIES TO OIL SPILLS IN DIRECTIVE 2004/35 3.1 Limited scope of application of the Directive: the exclusions of responsibility mechanisms 3.1.1 Directive 2004/35 and “diffuse” environmental damage. Art. 4(5) 3.1.2 Directive 2004/35 and previously identified damage. Art. 2(1) 3.1.3 Directive 2004/35. The facts and activities that generate damage: six exceptions. Art. 4(1), (4), (6), and 8(3) 3.1.4 Directive 2008/99. No responsibility if no illicitness. Art. 3 3.1.5 Directive 2004/35: environmental damage already covered by international Conventions. Art. 4(2) to 4(4) 3.1.5.1 Maritime accidents 3.1.5.2 Nuclear accidents 3.1.5.3 Critical appraisal of deference to international environmental law 3.2 Deference to international law conflicts with human rights : the case of the exclusion of oil-spill damage 3.2.1 The right to property is mobilised to challenge the international regime that applies to oil-spills 3.2.2 The international regime for the compensation of oil pollution damage: A classic example of limited responsibility 3.2.2.1 General overview of the international civil liability regime 3.2.2.2 First limit: the victim’s burden of proof 3.2.2.3 Second limit: the timeframe for considering claims and awarding payments 3.2.2.4 Third limit: definition of damage. Article 1(6) of the Civil Liability Convention 3.2.2.5 Fourth limit: the awarding of compensation. Article 4(5) of the Fund Convention 3.2.2.6 Fifth limit: responsibility channelled to the owner of the ship. Article 3(4) of the Civil Liability Convention 3.2.2.7 Sixth limit: exceptions to override the owner’s limited compensation and channelled liability 3.2.3 Right to Property under the European Convention of Human Rights 3.2.4 The international liability regime is not compatible with the right to property: a conflict case 3.2.4.1 Two cases on limited responsibility and oil-spills: the Pressos and Mangouras cases 3.2.4.2 The application of Article 1 of the first protocol: legal definition of possession and horizontal effect 3.2.4.3 From being party to an international convention to the recognition of interference on behalf of a State 3.2.4.4 The “lawfulness test”: presumption of conformity 3.2.4.5 The “general interest test”: presumption of conformity 3.2.4.6 General functioning of the “proportionality test”: rule, principles, and application criteria 3.2.4.7 Considering the harm suffered and the possibility to obtain compensation in an oil pollution claim 3.2.5 (No)Compatibility of the international regime with right to property: consequences for Directive 2004/35 3.2.5.1 The (no) compatibility finding extended to the other Conventions deferred to 3.2.5.2 The (no)compatibility finding: matters of legality and legal coherence 3.3 Conclusion CHAPTER 4. HUMAN RIGHTS AND PROCEDURAL LIMITATIONS IN THE DIRECTIVES: COMPLEMENT AND CONFLICT 4.1 Gaps in the Directives that have a procedural dimension 4.1.1 Identifying the victim of the wrong: critical assessment of the public nature of the Directives 4.1.1.1 Introduction. The victim of an environmental wrong: who can be the holder of environmental rights 4.1.1.2 Choice of the EU legislator: environmental rights holders without a direct cause of action 4.1.1.3 Criticising the choice of the EU legislator: the trustee as a screen 4.1.2 The development risk defence. Directive 2004/35, Art. 8(4)(b) 4.1.2.1 Introduction to development risks: either grounding responsibility or grounding exceptions to the responsibility principle 4.1.2.2 Two components of the legal definition of development risk: risk inherence and indiscernibleness 4.1.2.3 Legal treatment: a regulatory choice. The clause as a defence or grounding responsibility 4.1.2.4 Choice of the EU legislator: development risks ground an exception to the responsibility principle 4.1.2.5 Legal definitions: inherence and indiscernibleness in Directive 2004/35 4.1.2.6 Legal definitions: the defence before the European Court of Justice 4.1.2.7 Knowledge quality requirement: the most advanced level of scientific and technical knowledge: the European Commission v. UK case 4.1.2.8 Additional obligations binding the operator to successfully invoke the defence: not possible with Directive 85/374: the European Commission v. France case 4.1.2.9 Additional obligations binding the operator to successfully invoke the defence: possible with Directive 2004/35 4.1.3 The permit defence. Directive 2004/35, Art. 8(4)(a) 4.1.3.1 The EU legislator endorses and justifies the permit defence 4.1.3.2 The permit defence rationae materiae: scope of application and legal treatment 4.1.4 Critical assessment of the permit and development risk defences 4.1.4.1 The permit and development risk defences were highly contested during the legislative process: outcome of the trade-offs 4.1.4.2 Three common criticisms to the development risk defence and permit defence: deficits in harmonisation, coherence and consistency 4.1.4.3 The development risk clause as a defence: questioning the regulatory choice 4.1.4.4 Application and interpretation of development risks: concerns that relate back to the temporal dimension and precautionary principle 4.1.5 Rationae temporis matters that limit the possibility to set environmental responsibility into motion 4.1.5.1 Two temporal limitations: non-retroactivity and prescription 4.1.5.2 The specific temporal limitation clarified in the ERG case 4.2. Impartiality and independence requirements and the discretion of public authorities : a complement case 4.2.1 An illustration: the F
£124.00
Brill Natural Resources Grabbing: An International Law Perspective
Book SynopsisThe growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.Table of ContentsIntroduction (F. Romanin Jacur, A. Bonfanti, F. Seatzu) PART I: Mapping the Field 1. The Practice of Land Grabbing and Its Compatibility with the Exercise of Territorial Sovereignty (Federica Violi) 2. Resources Grabbing and Human Rights: Building a Triangular Relationship Between States, Indigenous Peoples and Corporations (Nadia Bernaz and Jérémie Gilbert) PART II: The Human Rights Context 3. Who is Entitled to Cultivate the Land? Sovereignty, Land Resources and Foreign Investments in Agriculture in International Law (Jochen Von Bernstorff) 4. Land Grabbing and International Human Rights: The Jurisprudence of the Inter-American Court of Human Rights on the Rights of Indigenous Peoples (Elisa Ruozzi) 5. Water Grabbing and Water Rights: Indigenous ‘Sovereignty’ v. State Sovereignty? (M. Bordignon, R. Greco, G. Lepore) 6. The Right to Water and Access to Water Resources in the European Development Policy (Marco Borraccetti) PART III: The Environmental Context 7. Tackling the Grabbing of Genetic Resources and of Associated Traditional Knowledge Trough the Nagoya Protocol (Francesca Romanin Jacur) 8. Natural Resources Grabbing: The Case of Tropical Forests and REDD+ (Annalisa Savaresi) 9. International Land Investments or the Environment Put Up for Auction: the Case of the Niger Basin (Komlan Sangbana) 10. The European Integration and the 2009 Renewable Energy Directive: A Suitable Framework for the Implementation of the Sustainability Criteria for Biofuels Production in Third-States? (Federico Esu and Solenne Avet) PART IV: The Investment Context 11. Integrating Human Rights into the Extractive Industries: How Investment Contracts Can Achieve Protection (Anil Ylmaz and Tara Van Ho) 12. The Role of International Environmental Principles in Investment Treaty Arbitration: Precautionary and Polluter Pays Principles and Partial Compensation (Tomoko Ishikawa) 13. Exploration and Extraction of Natural Resources: MIGA’s Role in the Promotion of Foreign Investments in Developing Countries (Inesa Stolper) 14. On the World Bank’s Efforts in Defence of the Human Right to Land (Francesco Seatzu) PART V: The WTO Context 15. The WTO Members’ Right to Protect Animals in International Trade: A TBT Perspective (Angelica Bonfanti) 16. Water Resources’ Exploitation and Trade Flows: The Impact of International Trade Law (Julinda Beqiraj) 17. Energy Export Restrictions in the WTO Between Resources Nationalism and Sustainable Development (Ilaria Espa) PART VI: Conflicts and Crimes 18. On the Financing of Civil Wars through Natural Resources: Is there a Duty of Vigilance for Third States on the Activities of Trans-national Corporations? (Marco Pertile) 19. Breaking the ‘Resource Curse’: Prosecuting Pillage of Natural Resources (Garima Tiwari) Conclusion (A. Bonfanti, F. Romanin Jacur, F. Seatzu) INDEX
£182.40
Brill Whaling in the Antarctic: The Significance and the Implications of the ICJ Judgment
Book SynopsisThis publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law. Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.Table of ContentsContents Notes on Contributors Introduction Malgosia Fitzmaurice and Dai Tamada Part 1 The Law of Evidence and Standard of Review 1 Methodologies and Motivations: Was Japan’s Whaling Programme for Purposes of Scientific Research? Caroline E. Foster 2 From the Requirement of Reasonableness to a ‘Comply and Explain’ Rule: The Standard of Review in the Whaling Judgment Shotaro Hamamoto Part 2 Substantive Law Aspects: The Law of Treaties 3 The Whaling Convention and Thorny Issues of Interpretation Malgosia Fitzmaurice 4 The ‘Margin of Appreciation’ in the Use of Exemptions in International Law: Comparing the icj Whaling Judgment and the Case Law of the ECtHR Theodore Christakis Part 3 Procedural Law Aspects 5 Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case Dai Tamada 6 Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment Christian J. Tams Part 4 Institutional Implications of the Judgment 7 The Whaling Judgment and the Challenges of Dynamic Treaty Regimes Mika Hayashi 8 iwc and the icj Judgment Joji Morishita Part 5 Domestic and International Implications of the Judgment 9 The Whaling Case: An Australian Perspective Donald R. Rothwell 10 After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective Hironobu Sakai 11 Science in the Court! The Role of Science in ‘Whaling in the Antarctic’ Anthony Press Conclusion: The Judgment, Its Implications and Prospects Akiho Shibata Conference Report Yuri Takaya Index
£153.60
Brill The Legal Regulation of Environmental Crime: The International and European Dimension
Book SynopsisThe Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.Table of ContentsNotes on Contributors 1 Introduction 2 Environmental Crime at the International Level Criminalisation of Illegal Trade in Wildlife under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (cites) 1 Introduction 2 cites and the Provisions for the Prohibition and Penalisation/Criminalisation of Illegal Trade in Wildlife 2.1 General Provisions and Institutional Structure of cites 2.2 Illegal Trade in Wildlife under cites in Conjunction with the Other Relevant International Instruments 2.3 Prohibition, Penalisation and Criminalisation of Illegal Trade in Wildlife under the Convention 2.3.1 Implementation of Article viii.1 of cites 2.4 Compliance with Article viii.1 of cites 3 Enforcement of Article viii.1 of cites 3.1 Domestic Enforcement 3.2 Enforcement through International Interinstitutional Cooperation 4 Illegal Trade in Wildlife and Covid-19 5 Concluding Remarks Acknowledgments 3 Environmental Crime at the International Level Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) 1 Introduction 2 The Basel Convention and the Provisions for the Criminalisation of Illegal Traffic of Hazardous Wastes 2.1 General Provisions and Institutional Structure of the Basel Convention 2.2 Illegal Traffic of Hazardous Wastes under Article 9 of the Basel Convention 2.3 Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel (and the Bamako) Conventions 2.3.1 Implementation of Article 9 of the Basel Convention 2.3.2 Compliance with Article 9 of the Basel Convention 3 Enforcement of Article 9 of the Basel Convention 3.1 Domestic Enforcement 3.2 Enforcement through International Interinstitutional Cooperation 4 Concluding Remarks Acknowledgments 4 Environmental Crime at the International Level The International Convention for the Prevention of Pollution from Ships (The marpol) 1 Introduction 2 The marpol Convention: The General Introduction 3 marpol: Structure, Underlying Principles and the Enforcement 4 Concluding Remarks 5 Environmental Crime at the EU Level Substantive Criminal Law 1 Introduction 2 The Protection of the Environment within the EU: A Short History 3 EU Law and Environmental Crime: Constitutional Perspectives 4 The Environmental Crime Directive (2008/99/ec) 4.1 Actus Reus and Mens Rea 4.2 Liability of Legal Persons, Penalties and (Some) Gaps 5 Ship-source Pollution between EU (Criminal) Law and International Law 5.1 The Ship-Source Pollution Directive (2009/123/ec) 5.2 The Intertanko Case and the Autonomy of the Union Legal Order Vis-à-vis International Law 6 Environmental Offences and the Links with Organised Crime and Money Laundering 7 The Treaty of Lisbon and the Future of EU Environmental Criminal Law 7.1 Article 83 tfeu and Environmental Crime 7.2 A New Directive on Environmental Crime: Challenges and Opportunities for the EU Legislator 8 Conclusion 6 Environmental Crime at the EU Level Judicial Cooperation, Conflicts of Jurisdiction and Ne Bis in Idem 1 Introduction 2 Mutual Recognition Instruments to Fight Environmental Crime 2.1 Scaling Down Dual Criminality 2.2 The Concept of ‘Judicial Authority’ 2.3 Protection of Fundamental Rights 3 Conflicts of Jurisdiction in the European Union 4 Ne Bis in Idem 4.1 The Principle of Ne Bis in Idem at the European Level 4.2 Bis, Idem and Enforcement Condition 4.2.1 The ‘Bis’ Element 4.2.2 The ‘Idem’ Element 4.2.3 The Enforcement Condition in Article 54 cisa and Its Relations with Article 50 of the Charter 4.3 Application of Ne Bis in Idem to Criminal and Administrative Proceedings Concerning the Same Facts 4.3.1 Bonda, Fransson and Grande Stevens: Incompatibility between Double-track Systems and Ne Bis in Idem 4.3.2 A and B v Norway, Garlsson, Zecca and Di Puma, and Menci: (Partial) Compatibility between Double-track Systems and Ne Bis in Idem 5 Conclusion 7 Environmental Crime at the EU Level The Role of EU Agencies and Bodies 1 Introduction 2 Europol and Eurojust: Structure, Functioning and Powers 2.1 Competence of the Two Agencies and Classification of Their Activities 2.2 Structure and Operational Activities of Eurojust 2.3 Eurojust in Practice: Coordination Meetings, Coordination Centres and Joint Investigation Teams 2.4 Structure and Operational Activities of Europol 2.5 The Future of Europol in Light of the Revised Regulation 2.6 ‘Non-operational’ Tasks of the Two Agencies and the Policy Cycle (empact) 2.7 Exchange of Information with National Authorities and the EU Agencies’ Evolving Role 3 Europol and Cross-border Environmental Crime 3.1 Operational Activities 3.2 Non-operational Activities 4 Eurojust and Cross-border Environmental Crime 4.1 Operational Activities 4.2 Non-operational Activities 5 The European Public Prosecutor’s Office 6 Conclusion 8 Conclusion The Regulation of Environmental Crime in International and EU Law: Coming of Age? 1 The Extent and Scope of Criminalisation 2 The Organised and Financial Crime Dimension 3 Compliance, Enforcement and a Multi-agency Approach Index
£162.40
Brill Transboundary Offshore Aquifers: A Search for a Governance Regime
Book SynopsisIn Transboundary Offshore Aquifers: A Search for a Governance Regime, Renee Martin-Nagle explains the geologic origins of offshore freshwater aquifers and proposes a governance regime for offshore aquifers that are shared by two or more nations. International law principles for marine resources, offshore hydrocarbons and land-based fresh water are explored.Table of ContentsINTRODUCTION CHAPTER 1: Origin of Offshore Submarine Groundwater Discovery of Offshore Aquifers Glacial Origins Other Origins of Offshore Aquifers Recent Discoveries and Possible Uses Vast Meteoric Groundwater Reserves CHAPTER 2: Legal Principles Governing Maritime Resources The Convention on the Continental Shelf The International Court of Justice UNCLOS CHAPTER 3: Legal Principles Governing Offshore Oil and Gas Development Background Early Law Unitization Customary Law Joint Development Agreements CHAPTER 4: Legal Principles Governing Land-based Aquifers Guidance from International Bodies CHAPTER 5: Perspectives and Conclusion Conclusion LIST OF REFERENCES
£71.44
Brill Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions
Book SynopsisIn Climate Change and International Shipping: The Regulatory Framework for the Reduction of Greenhouse Gas Emissions, Yubing Shi provides ground-breaking analyses of the evolving regulatory framework for the reduction of greenhouse gas emissions from international shipping. This book examines the applicability of international environmental law principles to the reduction of greenhouse gas emissions from ships and assesses the responses of the key stakeholders to the challenge of regulation. Based on these in-depth analyses, Shi identifies key gaps in the current regulatory framework for the reduction of greenhouse gas emissions from international shipping, and proposes options for legal and institutional reforms to improve the system in place.Table of ContentsFORWARD PREFACE ACKNOWLEDGEMENTS LIST OF ACRONYMS LIST OF TABLES LIST OF FIGURES CHAPTER 1 INTRODUCTION 1.1 Greenhouse Gas Emissions as a Regulatory Challenge 1.1.1 Greenhouse Gas Emissions and Climate Change 1.1.1.1 An Overview of Climate Change 1.1.1.2 Contribution of Greenhouse Gas Emissions to Climate Change 1.1.2 Transboundary Nature of Greenhouse Gas Emissions 1.2 Contribution of International Shipping to Greenhouse Gas Emissions 1.2.1 Introduction to International Shipping 1.2.2 Greenhouse Gas Emissions from International Shipping 1.2.2.1 Categories of Emissions from Ships 1.2.2.2 General Emissions Statistics from International Shipping 1.2.2.3 Impacts of Greenhouse Gas Emissions from International Shipping 1.3 Statement of the Problem 1.4 Scope of the Book and Chapter Outline CHAPTER 2 INTERNATIONAL ENVIRONMENTAL LAW RESPONSIBILITY AND ITS APPLICATION TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 2.1 Introduction 2.1.1 The Concept of ‘Pollution’ 2.1.2 ‘Pollution’ and Greenhouse Gas Emissions from International Shipping 2.1.2.1 Legal Analysis of Treaty Definition of Pollution 2.1.2.2 National Legislation on the Legal Nature of GHG Emissions 2.2 Jurisdiction over Greenhouse Gas Emissions from International Shipping 2.2.1 The Concept of ‘Jurisdiction’ 2.2.2 Flag State Jurisdiction 2.2.3 Coastal State Jurisdiction 2.2.4 Port State Jurisdiction 2.3 Environmental Liability for Transboundary Harm Caused by Greenhouse Gas Emissions from International Shipping 2.3.1 An Overview of Transboundary Harm 2.3.2 The Application of Transboundary Harm Rules to the Issue of Greenhouse Gas Emissions from International Shipping 2.4 The Precautionary Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping 2.4.1 An Overview of the Precautionary Principle 2.4.2 The Applicability of the Precautionary Principle to the Issue of Greenhouse Gas Emissions from International Shipping 2.5 ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’ 2.5.1 Common but Differentiated Responsibility 2.5.1.1 Common Responsibility 2.5.1.2 Differentiated Responsibility 2.5.1.3 Legal Status and Application 2.5.2 No More Favourable Treatment 2.5.2.1 An Overview 2.5.2.2 Legal Status and Application 2.5.3 Application of Both ‘Common but Differentiated Responsibility’ and ‘No More Favourable Treatment’ Principles to the Issue of Greenhouse Gas Emissions from International Shipping 2.5.3.1 Applicability of Two Regulatory Principles 2.5.3.2 Approaches to Applying the Two Principles 2.6 The Polluter-Pays Principle and Its Application to the Issue of Greenhouse Gas Emissions from International Shipping 2.6.1 An Overview of the Polluter-Pays Principle 2.6.2 The Application of the Polluter-Pays Principle to the Issue of Greenhouse Gas Emissions from International Shipping 2.7 Conclusion CHAPTER 3 THE UN RESPONSE TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 3.1 Introduction 3.2 The UN Institutional Responses 3.2.1 The UN and the IPCC 3.2.2 Other Institutions and their Interaction 3.3 International Legal Framework on Climate Change 3.2.1 The Prevention of Atmospheric Pollution 3.2.1.1 The 1979 Convention on Long-Range Transboundary Air Pollution 3.2.1.2 The 1985 Convention for the Protection of the Ozone Layer 3.2.2 The UNFCCC-Kyoto Protocol Regime 3.2.2.1 The UNFCCC and its Kyoto Protocol 3.2.2.2 Post-Kyoto Efforts and Outcomes 3.2.2.3 The Paris Agreement and its Implications for GHG Emissions from International Shipping 3.4 Conclusion CHAPTER 4 THE IMO RESPONSE TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 4.1 Introduction 4.2 The IMO’s Mandate and Competence to Regulate Greenhouse Gas Emissions from International Shipping 4.3 The IMO Greenhouse Gas Emissions Regime 4.3.1 Evolution of the IMO Greenhouse Gas Emissions Regime 4.3.2 Annex VI to MARPOL 73/78 and its Amendments 4.3.3 Outcomes within the Marine Environment Protection Committee 4.3.3.1 Technical Measures 4.3.3.2 Operational Measures 4.3.3.3 Assessment of Current Technical and Operational Measures 4.3.4 Market-Based Measures 4.3.4.1 The Market-Based Measure as a Policy Option 4.3.4.2 Assessment of Current Market-Based Measure Proposals 4.4 Conclusion CHAPTER 5 RESPONSE FROM THE SHIPPING INDUSTRY TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 5.1 Introduction 5.2 Response from International and Regional Shipping Organisations 5.2.1Ship Designers and Shipbuilders 5.2.2 Shipowners and Ship Operators 5.2.3 Cargo Owners 5.2.4 Ship Insurers 5.2.5 Classification Societies 5.2.6 Bunker Suppliers 5.2.7 Conclusion 5.3 Response from the Shipping Industry in the UNFCCC Annex I States 5.3.1 Australia 5.3.2 Greece 5.3.3 The United Kingdom 5.3.4 Conclusion 5.4 Response from the Shipping Industry in the UNFCCC Non-Annex I States 5.4.1 China 5.4.2 The Republic of Korea 5.4.3 India 5.4.4 Conclusion 5.5 Conclusion CHAPTER 6 RESPONSE FROM FLAG STATES AND PORT STATES TO THE ISSUE OF GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 6.1 Introduction 6.2 Flag State Control and the Issue of ‘Flags of Convenience’ 6.3 Response from Main Flag States 6.3.1 The UNFCCC Annex I Flag States 6.3.1.1 Greece 6.3.1.2 Japan 6.3.2 The UNFCCC Non-Annex I Flag States 6.3.2.1 Panama 6.3.2.2 China 6.3.2.3 Vanuatu 6.4 Port State Control 6.5 Response from Global and Regional Port States Organisations 6.5.1 The International Association of Ports and Harbors 6.5.2 Regional Memoranda of Understanding on Port State Control 6.6 Response from Main Port States 6.6.1 The UNFCCC Annex I Port States 6.6.2 The UNFCCC Non-Annex I Port States 6.7 Conclusion CHAPTER 7 THE FUTURE DEVELOPMENT OF LEGAL AND INSTITUTIONAL FRAMEWORKS TO REDUCE GREENHOUSE GAS EMISSIONS FROM INTERNATIONAL SHIPPING 7.1 Introduction 7.2 Influence and Interaction of Various Stakeholders in Regulating and Implementing GHG Emissions from International Shipping 7.3 Formation of the International Regulatory Framework for Reducing GHG Emissions from International Shipping 7.4 Deficiencies in Adopted Energy Efficiency Measures and Approaches for Their Future Improvement 7.4.1 Deficiencies in Current Technical and Operational Measures 7.4.2 Expanding the Coverage and Strengthening the Effectiveness of Technical Measures 7.4.3 Strengthening the Effectiveness of Operational Measures 7.4.4 Improving the Enforcement of Energy Efficiency Measures by Flag and Port States 7.4.5 Regulating the Mandatory Data Collection System in a Prudential Manner 7.5 Analysis of Necessity and Feasibility of Adopting a Market-Based Measure 7.5.1 Is a Market-Based Measure Necessary? 7.5.2 How to Select the Most Suitable Market-Based Measure? 7.5.2.1 Grouping of Proposed Market-Based Measures 7.5.2.2 Criteria and Methodology for Selecting Market-Based Measures 7.5.2.3 Selection of the Most Suitable Market-Based Measure 7.5.2.4 Proposed Mechanisms for the Selected Market-Based Measure 7.6 Institutional Fragmentation, Imbalance of Interests, and Proposed Reforms 7.6.1 Institutional Fragmentation in Global Reduction of Shipping GHG Emissions 7.6.2 Optimising Institutional Arrangements 7.6.2.1 Technical and Operational Measures 7.6.2.2 Market-Based Measure 7.6.3 Imbalance of Interests between the UNFCCC Annex I States and Non-Annex I States and Proposed Reforms 7.7 Conclusion CHAPTER 8 CONCLUSION 8.1 Introduction 8.2 Applicable International Environmental Law Principles 8.3 Findings on Main Stakeholders in GHG Emissions from International Shipping 8.4 Gaps and Gap-Filling Recommendations BIBLIOGRAPHY 1 Articles/Books/Reports 2 Cases 3 Legislation 4 Treaties 5 Other INDEX
£144.80
Brill The International Seabed Authority and the Precautionary Principle: Balancing Deep Seabed Mineral Mining and Marine Environmental Protection
Book SynopsisWith the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.Trade Review"With this book, Dr. Aline Jaeckel successfully overcomes the challenge of delivering what is just as much a reflection on theoretical notions of international environmental law as it is a very pragmatic and concrete case study. In that, she is a pioneer in the discussion of deep seabed mining, contributing to the development of maritime law and bringing the discussion to the next level. [..] Despite the specificity and technicality of the topic, she manages to make it very accessible with a clear and straightforward language. In this respect, this book is a polyvalent and useful tool to be recommended to all researchers, institutions, practitioners or students interested in the matter." - Laura E. Lallier, Maritime Institute, University of GhentTable of ContentsAcknowledgements List of Abbreviations List of Figures List of Cases List of Treaties and Declarations PART I: CONTEXT – DEEP SEABED MINING, THE MARINE ENVIRONMENT, AND PRECAUTION Chapter 1: Deep Seabed Mining and the Marine Environment 1.1 Setting the Scene: The Onset of Deep Seabed Mining 1.2 Exploring the Problem 1.2.1 The Marine Environment of the Deep Seabed and its Mineral Resources 1.2.2 The Environmental Risks and Uncertainties of Deep Seabed Mineral Mining 1.2.3 The Need for a Precautionary Approach to Seabed Mining 1.3 Objectives of the Study 1.4 Terminology 1.5 Methodology and Limits of the Study 1.6 Structure of the Study Chapter 2: The Precautionary Principle in International Law 2.1 Introduction 2.2 The Precautionary Principle in International Law 2.2.1 From Reactive to Proactive Thinking: the Rationale of Precaution 2.2.2 History of the Precautionary Principle 2.2.3 Status of the Precautionary Principle in International Law 2.2.4 Overlapping Principles: Precaution and Prevention 2.3 Defining the Precautionary Principle: Three Elements 2.3.1 Threat of Environmental Harm 2.3.2 Uncertainty 2.3.3 Remedial Action 2.3.3.1 Effectiveness 2.3.3.2 Proportionality 2.3.4 The Role of Thresholds 2.4 Implementing the Precautionary Principle 2.4.1 The Three Dimensions of Implementing Precaution 2.4.1.1 Institutional Dimension 2.4.1.2 Procedural Dimension 2.4.1.3 Protective Measures 2.4.1.4 A Three-dimensional Assessment of the Implementation of Precaution 2.4.2 The Role of Values 2.4.2.1 Making Uncertainties Explicit 2.4.2.2 Participation 2.4.2.3 Transparency 2.4.2.4 A Normative Framework 2.4.3 The Burden of Proof 2.4.3.1 Considerations for a General Allocation of the Burden of Proof 2.4.3.2 Reversing the Burden of Proof as an Implementation Measure 2.4.4 The Nature of Uncertainties 2.4.5 Dealing with Uncertainty in Complex Systems: Adaptive Management 2.4.6 Examining Counter-Effects: the Aim of Net Environmental Protection 2.4.7 Socio-Economic Considerations 2.5 Framework for Analysing the Implementation of the Precaution: Assessment Criteria PART II: THE INTERNATIONAL SEABED AUTHORITY Chapter 3: The International Seabed Authority and the Seabed Mining Regime 3.1 Introduction 3.2 Historical Development of the Deep Seabed Mining Regime 3.2.1 The Legal Status of the International Seabed and its Resources 3.2.2 The LOSC and Continuing Uncertainty as to the Legal Status of the Seabed and its Resources 3.2.3 The 1994 Implementing Agreement and the Revision of the Common Heritage Concept 3.3 Mandate of the ISA 3.4 Institutional Organisation of the ISA 3.4.1 The Assembly 3.4.2 The Council 3.4.3 The Secretariat 3.4.4 The Legal and Technical Commission 3.4.5 The Economic Planning Commission 3.4.6 The Finance Committee 3.4.7 The Enterprise 3.5 Decision-making Processes in the ISA 3.5.1 Adopting Mining Regulations 3.5.2 Assessing Applications for Plans of Work 3.6 Enforcement Powers 3.6.1 Monitoring Compliance 3.6.2 Responsibilities and Liability 3.7 Financing the ISA 3.8 Dispute Settlement in the ISA Regime: The Seabed Disputes Chamber 3.9 Conclusion Chapter 4: The Environmental Mandate of the ISA 4.1 Introduction 4.2 Environmental Considerations During the Negotiations of Part XI and the Implementing Agreement 4.3 The General Obligation Under the Convention and the Implementing Agreement to Protect and Preserve the Marine Environment 4.3.1 The Obligation to Protect and Preserve the Marine Environment 4.3.2 The Environmental Mandate of the ISA 4.3.3 General Environmental Obligations of States 4.4 Gradual Integration of Precaution into the LOSC 4.5 The Debate About Bioprospecting and Marine Scientific Research in the Context of the ISA’s Mandate 4.6 Conclusion Chapter 5: Developing the ISA’s Environmental Mandate Through the Mining Code 5.1 Introduction 5.2 Law-making Powers of the ISA 5.3 The Mining Code 5.3.1 Exploration Regulations 5.3.2 LTC Recommendations 5.3.3 Future Exploitation Regulations 5.4 The ISA’s Environmental Obligations as Developed by the Mining Code 5.4.1 Assess and Monitor Environmental Impacts 5.4.1.1 Environmental Baselines 5.4.1.2 Environmental Impact Assessments 5.4.1.3 Monitoring Effects on the Marine Environment 5.4.2 Marine Protected Areas 5.4.2.1 Marine Protected Areas in Areas Beyond National Jurisdiction 5.4.2.2 Mandate of the ISA to Declare Marine Protected Areas 5.4.3 Best Environmental Practices 5.4.4 Emergency Orders 5.4.5 Enforcement and Liability 5.4.6 Applying a Precautionary Approach 5.4.6.1 Precautionary Thresholds in the ISA Context 5.5 Conclusion PART III: IMPLEMENTING PRECAUTION BY THE INTERNATIONAL SEABED AUTHORITY Chapter 6: Implementing the Precautionary Principle: Protective Measures 6.1 Introduction 6.2 Marine Scientific Research 6.2.1 Research Regarding Faunal Diversity Associated with Polymetallic Nodules 6.2.2 Research Regarding Ecosystems Associated with Polymetallic Sulphides and Ferromanganese Crusts 6.2.3 Discussion About the ISA’s Engagement in Marine Scientific Research 6.3 Marine Protected Areas 6.3.1 The Environmental Management Plan for the Clarion-Clipperton Zone 6.3.2 Environmental Management Plans for Other Areas? 6.3.3 Multi-Purpose Marine Protected Areas 6.3.4 Preservation Reference Zones 6.3.5 Safety Margins 6.4 Measures Pertaining to Particularly Vulnerable Ecosystems 6.5 Listing of Particular Activities 6.6 Emergency Orders 6.7 Environmental Restoration 6.8 Conclusion Chapter 7: Implementing the Precautionary Principle: Procedural Elements 7.1 Introduction 7.2 Assessing Risks and Uncertainties… 7.2.1 …through Strategic Environmental Assessment 7.2.2 …in the Context of Assessing New Applications for Exploration Contracts 7.2.3 …through Environmental Impact Assessments During Exploration Work 7.2.3.1 The Lack of Environmental Baselines 7.2.3.2 Procedural Consequences of Environmental Impact Assessments 7.2.4 Bringing Environmental Impact Assessments in Line with the Precautionary Approach – Some Suggestions 7.3 Amending Environmental Standards 7.3.1 Amending Regulations 7.3.2 Amending Recommendations 7.3.3 Reviewing a Programme of Activities 7.3.4 Updating Regional Environmental Management Plans 7.3.5 Some Suggestions for Changes to the Procedural Framework 7.4 Ensuring Transparency and Participation 7.4.1 Transparency 7.4.2 Public Participation 7.4.3 Some Suggestions for Ensuring Transparency and Public Participation 7.5 The Burden of Proof 7.5.1 The Status Quo in the ISA’s Legal Framework 7.5.2 The Reversal of the Burden of Proof in Specific Cases 7.6 Monitoring of Environmental Effects 7.6.1 Monitoring Programme for Contractors 7.6.2 Monitoring the Environmental Effects of Protective Measures 7.6.3 Monitoring Environmental Effects on a Regional Scale 7.7 Conclusion Chapter 8: Implementing the Precautionary Principle: Institutional Aspects 8.1 Introduction 8.2 Institutional Mechanisms for Implementing Precaution 8.2.1 Mechanisms for the Assessment of Environmental Risks and Protective Measures 8.2.2 Mechanisms for Ensuring Compliance 8.3 Current Institutional Limitations 8.3.1 Capacity and Limitations of the Legal and Technical Commission 8.3.2 Capacity and Limitations of the ISA Secretariat 8.4 Options for Institutional Innovation for the ISA 8.4.1 An Environmental Commission 8.4.2 A Mining Inspectorate 8.5 Conclusion Chapter 9: Conclusion 9.1 The Complexities of Implementing the Precautionary Principle 9.2 The Strengths and Weaknesses of the ISA’s Current Approach to Precaution 9.2.1 Absence of a Conservation Objective 9.2.2 Lack of Obligation to Identify Uncertainties 9.2.3 Strength Derived from Affording Scientific Information a Central Role 9.2.4 Procedural Challenges Associated with Environmental Impact Assessments and Adaptive Management 9.2.5 Lack of Strategic Vision 9.2.6 Successes and Challenges with Respect to Timely Action 9.2.7 Successes and Challenges with Respect to the Role of the ISA in Marine Scientific Research 9.2.8 Conclusion 9.3 Strengthening the Implementation of the Precautionary Principle by the ISA: Suggestions for a Way Forward BIBLIOGRAPHY INDEX
£161.60
Brill The Role of EU Agencies in Fighting Transnational Environmental Crime: New Challenges for Eurojust and Europol
Book SynopsisThe last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively
£71.44
Brill Inter-state Water Law in the United States of America: What Lessons for International Water Law?
Book SynopsisThe rich field of inter-state water law in the United States illustrates both successes and failures in transboundary water management and allocation. In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, this domestic field of transboundary water law is compared and contrasted with international transboundary water law. This analysis is accompanied by a discussion and evaluation of the different cases of shared watercourses that applied these approaches, and a comparison of each of them to similar approaches in international water law. The analysis draws lessons for international water law from inter-states water law - highlighting the successful inter-states approaches that can be adopted by international water law, as well as the approaches that failed, and which should be avoided.Table of ContentsInter-State Water Law in the United States of America What Lessons for International Water Law? Rhett B. Larson> Abstract Keywords Introduction I Comparing Inter-State and International Water Law II Positive Inter-State Lessons for International Water Law III Negative Inter-State Lessons for International Water law Conclusion List of References
£71.44
Brill Sustainable Ocean Resource Governance: Deep Sea Mining, Marine Energy and Submarine Cables
Book SynopsisIn Sustainable Ocean Resource Governance an international group of eminent authors offer perspectives on the legal interface between sustainable economic growth, effective marine resource management and urgent environmental protection of the sea by addressing three key issues: deep sea mining, marine energy generation, and seabed pipeline and cable systems. In light of the sectoral nature of current ocean governance and the existing patchwork of management arrangements for the oceans, this book gives insights in search for a coherent and consistent sustainability approach.Table of ContentsForeword: Really a Sea Change – In Search for a Coherent and Consistent Sustainability Approach List of Contributors Part 1: Sustainable Ocean Resource Governance – The Wider Horizons 1 Opening Address Vladimir V. Golitsyn 2 Sustainable Production of Offshore Renewable Energy: A Global Perspective Gabriele Goettsche-Wanli 3 Sustainable Energy Generation from the Oceans Henning Jessen 4 International Environmental Law, Sustainable Generation of Energy from the Ocean and Small Island Developing States in the Pacific David Kenneth Leary 5 Realization of Sustainable Management/Development under the Law of the Sea Convention? Rüdiger Wolfrum 6 Toward Sustainable Management of Marine Natural Resources Yoshifumi Tanaka 7 Sustainable Management of Ocean Ecosystems: Some Comments David Freestone Part 2: Sustainable Ocean Resource Governance – The Specific Fields of Application 8 The Area: Common Heritage of Mankind, Sponsoring States of Convenience and Developing States Edwin Egede 9 State Practice in Deep Seabed Mining: The Case of the People’s Republic of China Keyuan Zou 10 Multinational Corporations and International Environmental Liability: International Subjectivity and Universal Jurisdiction (Backs and Forths after Kiobel) Pablo Ferrara 11 OSPAR and Coastal State Encroachment on High Seas Submarine Cab le Freedoms Douglas R. Burnett Index
£146.40
Brill Following the Proper Channels: Tributaries in the Mekong Legal Regime
Book SynopsisIn Following the Proper Channels: Tributaries in the Mekong Legal Regime, Bennett Bearden offers in-depth policy and legal analyses of the marginalization of tributaries in the context of the 1995 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin, law of international watercourses, hydrosovereignty, and the national economic development interests of the Mekong riparians. As a problem-based study, enlightening conclusions are made based on the increasingly state-centric nature of water resources management in the Mekong region through pursuit of national agendas in the unilateral and bilateral development of tributaries. The overarching legal and hydropolicy issue is whether states can simultaneously pursue hydrosovereignty on tributaries and ensure the Mekong legal regime’s efficacy to achieve holistic water resources management and basin-wide governance.Table of ContentsAcknowledgments Abstract List of Illustrations List of Abbreviations List of Legislative Materials List of Cases Introduction 1 The Mekong River Basin 1.1 Physical Setting 1.2 Geology and Geomorphology 1.3 Climate 1.4 Water Resources 1.5 Mekong Tributaries 1.5.1Tributaries in the Context of Holistic Water Resources Management 1.6 Chapter 1 Conclusion 2 Legal and Institutional Framework 2.1 The Mekong Legal Regime: 1957–1995 2.1.11957–1975: The Mekong Committee, the 1957 Mekong Statute, and the Water Charter 2.1.21975–1978: The Joint Declaration 2.1.31978–1995: The Interim Mekong Committee 2.2 1995-Present: The 1995 Mekong Agreement 2.2.1The Mekong River Commission (mrc) 2.2.2National Interests and Water Law 2.2.3The Role of International Water Law 2.2.4Waterscapes 2.2.5Salient Provisions of the 1995 Mekong Agreement 2.2.6The Sustainable Development Paradigm 2.2.7Balancing Water Quality and Water Quantity in the Mekong Regime 2.3 Chapter 2 Conclusion 3 A Retrospective Look at Tributary Watercourse Law in the Mekong and Other Selected Legal Regimes 3.1 Evolution of Article 5(A) in the Mekong Legal Regime 3.2 Tributary Watercourse Law in Other Selected Legal Regimes 3.2.1The 1909 Boundary Waters Treaty (us and Canada) 3.2.2The 1961 Columbia River Treaty (us and Canada) and the Okanagan River Basin 3.2.3A Community of Interest in Mekong Tributaries? The Influence of the River Oder and the Gabcikovo-Nagymaros (Hungary/Slovakia) Cases 3.2.4Arizona v. California 3.2.5The Nigeria-Niger Tributary Agreement 3.3 Chapter 3 Conclusion 4 Mekong Tributaries: Selected Case Studies 4.1 Hydropower Development on the Sesan River 4.1.1The Sesan River 4.1.2Development of the Yali Falls Dam 4.2 The Thai Water Grid 4.3 The Legal and Scientific Imperatives for De-marginalizing Tributaries in the Mekong Legal Regime: Dams, Water Diversions, Biogeography, and the Evolving Contours of Climate Change 4.4 Chapter 4 Conclusion 5 The Mekong: The Archetypal Dissevered River Basin 5.1 Introduction: The Dissevered River Basin Concept 5.2 Chapter 5 Conclusion 6 A Flawed Vision? Deficiencies in the Mekong Legal Regime 6.1 Learning to Get Along: China and the LMRB 6.2 The View Downstream: eias 6.3 The Transparency Issue: Stakeholder Participation and Access to Information 6.4 Crossing the Rubicon: Dispute Resolution 6.5 The Mekong Legal Regime Viewed through the Lens of the un Watercourses Convention 6.6 Chapter 6 Conclusion 7 Conclusion: Demarginalizing Mekong Tributaries and Shifting the Transformation of the Mekong Water Resources Spectrum Paradigm—A Proposal for the Way Ahead Bibliography Index
£144.80
Brill Shared Water Resources in West Africa: Relevance and Application of the UN Watercourses and the UNECE Water Conventions
Book SynopsisThis work, Shared Water Resources in West Africa: Relevance and Application of the UN Watercourses and UNECE Water Conventions, addresses the question of whether riparian states in West Africa need to be parties to both the UN Watercourses Convention and the UNECE Water Convention, both of which have influenced current water regimes in the region. The initial transboundary water instruments in the region dealt primarily with navigation, later agreements addressed the need for cooperation, while recent regimes incorporate other principles of international water law articulated in the UN water treaties Although only six out of its numerous shared watercourses are currently regulated by legal instruments, West Africa contributed through these agreements to the development of international water prior to the adoption of the UN Watercourses and the UNECE Water Conventions in the 1990s.Table of ContentsList of Illustrations and Tables Shared Water Resources in West Africa: Relevance and Application of the UN Watercourses and the UNECE Water Conventions Nwamaka Chigozie Odili Abstract Keywords Introduction 1.0 Transboundary Water Systems in West Africa 2.0 Understanding the UN Watercourses Convention and the 1992 UNECE Water Convention 3.0 Current Transboundary Treaty Architecture in West Africa (Post 1990) 4.0 Assessment of the UNECE Water Convention Framework of Implementation from the West African Perspective Conclusion Bibliography
£71.44
Brill The Human Right to Water in Latin America: Challenges to Implementation and Contribution to the Concept
Book SynopsisIn The Human Right to Water in Latin America, Anna Berti Suman investigates the development of the right to water and of water law in the Latin American context. By examining the significance of Latin American constitutional evolution, doctrine, and jurisprudence, the author illustrates the Latin American contribution in stimulating the social, political, and economic debate on the right to water, regionally and worldwide. Through an overview on the right to water in Latin American constitutions and of the main Latin American water management systems, Berti Suman argues that an analysis of the right to water has to take account of its application in specific contexts. The intrinsic connection between the right to water and the role of the private sector is examined through topical insights into the highly privatized Chilean water services. In the conclusion, the relevance of the lessons learnt from the Latin American experience for the global debate on the right to water is convincingly proved.Table of ContentsContents Acknowledgements Abbreviations and Acronyms The Human Right to Water in Latin America Anna Berti Suman Abstract Keywords Introduction A The Right to Water in Latin America: Recognition, Limits, and Criticisms B The Main Features of Public, Private, and Mixed Water Systems in Latin America C Insight into the Chilean Water Framework Conclusion: Lessons from Latin America
£71.44
Brill Advocating Social Change through International Law: Exploring the Choice between Hard and Soft International Law
Book SynopsisAdvocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.Table of ContentsAcknowledgements List of Abbreviations Notes on Contributors 1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change Daniel D. Bradlow and David B. Hunter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis Upendra Baxi 3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System Claudio Grossman 4 Children’s Rights: Social Change through the Application of Hard and Soft International Law Ann Skelton 5 The International Criminal Court and the Use of Hard Law in the Quest for Accountability for Core International Crimes Angela Mudukuti 6 The Hard Choices in Promoting Environmental Access Rights Natalia Gomez Peña and David B. Hunter 7 The Hard Choice for Soft Commitments in the Climate Change Regime David B. Hunter 8 A Turning Point in a Slow Revolution: the who Framework Convention on Tobacco Control Patricia Anne Lambert 9 Soft International Law and the Promotion of Financial Regulation and Responsibility Daniel D. Bradlow 10 Levers for and Obstacles to Social Change: Bank Lending, the Law and the Equator Principles Sheldon Leader and Luis Felipe Yanes 11 Non-Judicial Grievance Mechanisms: Hardening the Soft Law of Corporate Accountability? Nikki Reisch 12 Hard and Soft International Law and Their Contribution to Social Change: the Lessons Learned Daniel D. Bradlow and David B. Hunter Index
£189.45
Brill Shared Watercourses and Water Security in South Asia: Challenges of Negotiating and Enforcing Treaties
Book SynopsisThe monograph discusses the various challenges facing shared water resources in South Asia, and the response of most these countries, presented in their calls for water security. Consequently, negotiating new transboundary water treaties amongst South Asia’s riparian countries has become a daunting task, and enforcing existing ones remains a real challenge.Table of ContentsAcknowledgements Shared Watercourses and Water Security in South Asia: Challenges of Negotiating and Enforcing Treaties Salman M. A. Salman and Kishor Uprety Abstract Keywords Part 1: Introduction Part 2: South Asia’s Treaty Practice on Shared Watercourses Part 3: South Asia and the United Nations Watercourses Convention Part 4: Conclusion: ‘Cooperation’—South Asia’s Missing Pillar Bibliography
£71.44
Brill Climate Border Adjustments and WTO Law: Extending the EU Emissions Trading System to Imported Goods and Services
Book SynopsisIn Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS), which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement.Table of ContentsAcknowledgments List of Abbreviations List of Figures and Tables 1 Introduction 2 The EU Emissions Trading System Leading to Carbon Leakage Effects 2.1 United Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement 2.2 EU Emissions Trading System (ETS) 2.3 Carbon Leakage Effects and Competitive Disadvantages 2.4 Current Approaches to Carbon Leakage in the EU 2.4.1 Export Rebates and Carbon Leakage List 2.4.2 The Extension of the EU ETS to International Flights 2.4.3 Proposal for an Import BA for Cement and Clinker 2.5 Result: The Need for an Import Carbon Leakage Policy 3 Trade Measures to Resolve the Carbon Leakage Problem 3.1 Measures between Trade Liberalisation and Trade Restriction 3.2 Committee on Trade and Environment 3.3 Doha Round and Environmental Goods Agreement 3.4 Unilateral Instruments 3.4.1 Import Ban, Quota and Standard 3.4.2 Carbon Tariff 3.4.3 Border Adjustment (BA) and the Integration into the EU ETS 3.4.4 Linking the EU ETS with other ETSs 3.5 Climate-Related Trade Instruments within Preferential Trade Agreements 3.5.1 Recognition and Harmonisation of Climate-Related Standards 3.5.2 Conditional Tariff Policy 3.5.3 A Common Border Adjustment 3.5.4 Linking the EU ETS with Other ETSs 3.6 Result: Unilateral BA for the EU ETS 4 Structuring the BA in the WTO Context 4.1 Focus on Imports 4.2 Aims 4.3 Interests 4.4 Effects 4.5 Provoking or Avoiding WTO Disputes? 4.6 The Multiple Legal Nature of ETS, BAs and Certificates 4.7 The Impact of International Climate Agreements on WTO law 4.8 Result: BA on Imports Complementing the EU ETS 5 ETS and BA Restricting Trade in Goods 5.1 Measures at Issue: ETS and BA as Complementary Measures 5.2 Constellations of Discrimination 5.3 ETS and BA as Domestic Fiscal Measure 5.3.1 BA as a Charge Equivalent to an Indirect Tax 5.3.2 ETS and BA as Fiscal Measure 5.3.3 BA Not Charging Foreign Products in Excess of Domestic Like Products 5.3.4 Taxing Foreign Products Similarly Compared to Competitive EU Products 5.4 BA as Domestic Non-Fiscal Measure 5.5 BA as a Restriction on Market Access 5.6 Different BAs for Different Countries and the Most-Favoured Nation Treatment 5.6.1 Advantage 5.6.2 Like Products 5.6.3 Advantage Accorded Immediately and Unconditionally 5.6.4 Exceptions for Developing Countries (Enabling Clause) 5.6.5 Exceptions for Preferential Trade Agreements 5.7 How to Avoid Restrictions of Article III GATT 5.8 ETS and BA as Climate Measures under the General Exceptions 5.8.1 Climate-Related Concerns the ETS and BA Seek to Protect 5.8.2 Regulatory Autonomy for Climate Policy 5.8.3 Necessity Test 5.8.4 ‘Relating to’ Requirements 5.8.5 Exclusion of Disguised Discrimination 5.8.6 Limiting Extra-Jurisdictional Effects 5.9 How to Avoid Restrictions of Article XX GATT 5.10 Notification and Transparency 5.11 Result: BA without Emissions-Based Product Distinctions 6 ETS and BA Implying Technical Regulations or Standards 6.1 Measures at Issue: ETS and BA as Complementary Measures 6.1.1 Technical Standards 6.1.2 Technical Regulations 6.2 Constellations of Discrimination and Restriction 6.3 Climate-Related Concerns the ETS and BA Seek to Protect 6.4 Necessity Test 6.5 Non-Discrimination of Foreign Products 6.5.1 Like Products 6.5.2 Treatment No Less Favourable and Exclusion of Disguised Discrimination 6.6 Limiting Extra-Jurisdictional Effects 6.7 Notification and Transparency 6.8 Technical Assistance 6.9 Special and Differential Treatment of Developing Countries 6.10 Result: Product-Based BA Complying with the TBT Agreement 7 ETS and BA Affecting Trade in Services 7.1 Measures at Issue: ETS Alone or ETS and BA as Complementary Measures 7.2 Constellations of Discrimination and Affected Services 7.3 EU Schedule of Commitments in the Relevant Sectors 7.4 Restriction of Environmental Services 7.5 Restriction of Financial Services 7.5.1 The EU Schedule and Financial Services 7.5.2 Exclusion of Foreign Certificates as Market Access Restriction 7.5.3 National Treatment of Foreign Certificates 7.5.4 Most-Favoured Nation Treatment of Non-Kyoto Certificates 7.6 Restriction of Aviation Services 7.6.1 Chicago Convention Relevant for the EU? 7.6.2 Jurisdiction 7.6.3 The GATS Annex on Air Transport Services 7.6.4 Inclusion of International Flights into the EU ETS Providing Full Market Access? 7.6.5 Treating Foreign as Favourably as EU Flights? 7.6.6 Comparison between Non-Kyoto States and Kyoto States 7.7 ETS and BA as Climate Measures under the General Exceptions 7.7.1 Climate-Related Concerns the ETS and BA Seek to Protect 7.7.2 Necessity Test 7.7.3 Exclusion of Disguised Discrimination 7.7.4 Limiting Extra-Jurisdictional Effects 7.8 Participation of Developing Countries 7.9 Transparency 7.10 Result: Recognition of Foreign Certificates that Contribute to Climate Protection 8 Reform Proposal for an Import BA for the EU ETS 8.1 Emissions-Based Approach: Integration into the EU ETS 8.1.1 Measurement, Calculation 8.1.2 Necessary Reforms of the EU ETS 8.2 Price-Based Approach: BA Equivalent to the Restriction of the ETS Per Product or Service 8.2.1 Measurement, Calculation 8.2.2 Necessary Reforms of the EU ETS 8.3 Simplifications and Exemptions 8.3.1 Limitation of Sectors 8.3.2 Threshold 8.3.3 Foreign Climate Policies 8.3.4 State of Development 8.4 Use of Revenues from the BA 8.5 Moment of Adjustment 8.6 Result: Price-Based Import BA for the EU ETS 9 Outlook Bibliography Index
£166.40
Brill Conserving Biodiversity in Areas beyond National Jurisdiction
Book SynopsisSince 2006 the United Nations General Assembly (UNGA) has been discussing the question of the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Following the issues raised by the Ad Hoc Working Group (2006 – 2015) and the Preparatory Commission (2016 – 2017) in 2017 the UNGA agreed to convene an intergovernmental conference to discuss these issues. Conserving Biodiversity in Areas beyond National Jurisdiction, edited by David Freestone, brings together a collection of essays covering some of the key issues involved in these debates. The essays are contributed by a number of distinguished scholars and practitioners – many of whom are involved in the UNGA negotiations – and are a useful reference for actors involved in the negotiations as well as for practitioners, scholars, and students following the process.Table of ContentsForeword Acknowledgements Abbreviations Part 1: Introduction Introduction: The UN Process to Develop an International Legally Binding Instrument under the 1982 Law of the Sea Convention: Issues and Challenges David Freestone Part 2: The BBNJ Package Deal: Elements and Issues 1 Principles Applicable to Modern Oceans Governance David Freestone 2 Coastal States and MPAs in ABNJ: Ensuring Consistency with the LOSC Alex G. Oude Elferink 3 Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction Vasco Becker-Weinberg 4 The Proposed LOSC Implementation Agreement on Areas beyond National Jurisdiction and Its Impact on International Fisheries Law Richard Barnes 5 The Proposed Implementing Agreement: Options for Coherence and Consistency in the Establishment of Protected Areas beyond National Jurisdiction Dire Tladi 6 The Signing of the Hamilton Declaration on Collaboration for the Conservation of the Sargasso Sea: A New Paradigm for High Seas Conservation? David Freestone and Kate Killerlain Morrison 7 Submarine Telecommunication Cables and a Biodiversity Agreement in ABNJ: Finding New Routes for Cooperation Andrew Friedman 8 International Legal Obligations for Environmental Impact Assessment and Strategic Environmental Assessment in the Arctic Ocean Gunnar Sander 9 Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea Gaute Voigt-Hanssen 10 Mare Geneticum: Towards an Implementing Agreement for Marine Genetic Resources in International Waters Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton, and Dominic Muyldermans 11 Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction Harriet R. Harden-Davies Index
£84.00
