Public international law: environment Books

Book SynopsisAlthough the International Law Association (ILA) was established in 1873, it only turned its attention to the internationally shared water resources in 1954, when its half-century study of the applicable principles and rules of international law thereon began. The first ILA committee assigned to this task was the Rivers Committee, which, after a decade of intensive study and through several resolutions and statements, arrived unanimously at a set of articles reflecting customary international law, known as the Helsinki Rules on the Uses of the Waters of International Rivers. The Helsinki Rules, approved at the ILA 1966 Helsinki Conference, were soon widely accepted across the Globe as a non-binding authoritative source of international water law. This monograph traces the work of the ILA leading to the Helsinki Rules, analyses the Rules, and identifies their influence on and contribution to the evolution of international water law.Table of ContentsThe International Law Association Helsinki Rules Contribution to International Water Law  Slavko Bogdanović  Abstract  Keywords  Introduction  Part 1: The Birth of the International Law Association  Part 2: The Early Years of International Water Law  Part 3: International Water Law in the 1950s and 1960s  Part 4: Step-by-Step towards the Helsinki Rules  Part 5: The Helsinki Conference  Part 6: The Helsinki Rules  Part 7: The Influence of the Helsinki Rules  Conclusion Acknowledgements

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Book SynopsisIn Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states’ practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.Table of ContentsAdapting Watercourse Agreements to Developments in International Law The Case of the Itaipu Treaty  Maria A. Gwynn Abstract  Keywords  Part 1: Introduction  Part 2: The Itaipu Dam Project: Its Challenges and Advantages  Part 3: Advancement in International Watercourses and Environmental Law  Part 4: Implementation of the Itaipu Treaty and the Energy Policy Paradox in Paraguay: A Case for Updating the Treaty?  Part 5: Disputes Relating to International Watercourses Decided by the International Court of Justice  Part 6: Conclusion  Dedication  Acknowledgements  Bibliography

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Book SynopsisNotification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.Table of ContentsDedication Acknowledgements Notification Concerning Planned Measures on Shared Watercourses Synergies between the Watercourses Convention and the World Bank Policies and Practice  Salman M. A. Salman Abstract Keywords Part 1: Introduction Part 2: Evolution of the Notification Requirement Part 3: The UN Watercourses Convention Provisions on Notification Part 4: The World Bank Early Approaches and Policies on Notification Part 5: The World Bank Current Policies and Practice on Notification Part 6: Possible Responses by the Notified States Part 7: Procedures in Case of Objection Following Notification Part 8: Conclusion Author Biography Bibliography

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Book SynopsisIn Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.Table of Contents Dedication Use of Experts in International Freshwater Disputes: A Critical Assessment  Makane Moïse Mbengue and Rukmini Das  Abstract  Keywords  Part 1: Introduction  Part 2: Legal Provisions on the Use of Experts in Dispute Resolution  Part 3: Experts in Water Disputes before the International Court of Justice  Part 4: Water Disputes Resolved through Inter-state Arbitration  Part 5: Experts in Investor-State Water Disputes  Part 6: Conclusion: Assessment of the Use of Experts in International Water Disputes  Author Biographies  Acknowledgements  Bibliography

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Book SynopsisMarine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.Table of ContentsForeword Preface Acknowledgments List of Figures and Tables Notes on Contributors Featured Remarks 1 The Journey to Realisation   Rena Lee 2 The United Nations Convention on the Law of the Sea in the Present Geo- Political Situation   Hans Corell 3 Managing High Seas Through a Sui Generis   Arif Havas Oegroseno PART 1 Context—Conservation and Sustainable Use of Biological Diversity Beyond National Jurisdiction (BBNJ) 4 BBNJ Treaty Negotiations 2019   J. Ashley Roach 5 Area-Based Management Tools, Including Marine Protected Areas – Reflections on the Status of Negotiations   Lisa Eurén Höglund PART 2 Marine Genetic Resources, Access & Benefit Sharing 6 Benefit Sharing: Combining Intellectual Property, Trade Secrets, Science and an Ecosystem- Focused Approach   Marcel Jaspars and Abbe E. L. Brown 7 Biodiversity Beyond National Jurisdiction: (Intellectual) Property Heuristics   Siva Thambisetty PART 3 Environmental Impact Assessments (EIA S), Scientific Data and Databases, Sensor Technology 8 The Quest to Completely Map the World’s Oceans in Support of Understanding Marine Biodiversity and the Regulatory Barriers we Have Created   Larry Mayer and J. Ashley Roach 9 Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction: Potential Benefits of the International Legally Binding Instrument   Robin Warner 10 Not an Intractable Challenge: Geoengineering MSR in ABNJ   Karen N. Scott PART 4 Capacity Building and Transfer of Technology (CBTT) 11 Capacity Building in Marine Science – Added Value of the BBNJ?   Alf Håkon Hoel 12 Marine Technology Transfer: Towards a Capacity-Building Toolkit for Marine Biodiversity Beyond National Jurisdiction   Harriet Harden-Davies PART 5 Cross-cutting Issues 13 Beholding the Emerging Biodiversity Agreement through a Looking Glass: What Capacity-Building and Gender Equality Norms Should Be Found There?   Ronán Long 14 A Few Words on the “Cross-Cutting Issue”——The Relationship between a BBNJ Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies   Ted L. McDorman 15 Biodiversity beyond National Jurisdiction and the Limits of the Commons: Spatial and Functional Complexities   Joanna Mossop and Clive Schofield PART 6 Arctic Issues: Environment, Security, Shipping 16 Non-Arctic States’ Role in the High North: Participating in Arctic Governance Through Cooperation   Nong Hong 17 Round Two for Arctic Fishing?   David Dubay Index

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Book SynopsisIn Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?, Christina Leb discusses how technology innovations disrupt the conventional methods of data and information exchange and the potential impact this may have on international water law. Cross-border data and information exchange is one of the most challenging issues for transboundary water management. Only a small number of treaties include direct obligations related to mutual data and information exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.Table of Contents Dedication Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?  Christina Leb  Abstract  Keywords  Introduction  Part 1: Data and Information Needs for Transboundary Water Management  Part 2: Help from Elsewhere: Technology Innovations and Enabling International Legal Framework  Part 3: Data and Information Exchange Obligations  Part 4: Perspectives: New Technologies and Their Likely Impact on International Water Law  Conclusion  Acknowledgements  Author Biography  Bibliography

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Book SynopsisIn African Basin Management Organizations - Contribution to Pollution Prevention of Transboundary Water Resources, Komlan Sangbana highlights how the protection of water resources and their ecosystems has become a key focus of basin organizations in Africa. The development, adoption and implementation of pollution control standards by basin organizations have widened the remit and greatly strengthened the role of these institutions. As such, basin organizations have become central actors in the domain of African regional law for the protection of freshwater resources. This monograph analyses the variety of functions and tasks that have been entrusted to African basin organizations to prevent pollution damage and provides some avenues for strengthening the work they perform to protect river systems.Table of Contents Acknowledgement African Basin Management Organizations—Contribution to Pollution Prevention of Transboundary Water Resources  Komlan Sangbana  Abstract  Keywords  Introduction  Part 1: Role of Basin Organizations in the Formation of Pollution Control Standards  Part 2: the Contribution of Basin Organizations to the Implementation of Pollution Control Standards  Conclusion  Author Biography  Bibliography

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Book SynopsisDuring the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.Trade Review"New Knowledge and Changing Circumstances in the Law of the Sea is an impressive collection of scholarly contributions from leading legal and scientific experts on the challenges and opportunities presented by new scientific and technical developments on a range of ‘hot’ topics in the international law of the sea...the book aims to address the question ‘how does the law of the sea adapt to new knowledge and changing circumstances?’ Divided up into no less than eight parts, with 22 chapters, this compilation provides a valuable examination of issues across a broad spectrum of topics." - Mitchell Lennan, PhD Researcher, Strathclyde Law School, The University of Strathclyde, Glasgow, United Kingdom, The International Journal of Marine and Coastal Law 36 (2021) 1–6.Table of ContentsEditor’s Preface List of Figures and Tables Contributors Introduction: How Does the Law of the Sea Adapt to New Knowledge and Changing Circumstances?  Tomas Heidar Part 1: Legal, Scientific and Technical Interplay in the Law of the Sea 1 Disputes Involving Scientific and Technical Matters and the International Tribunal for the Law of the Sea  Jin-Hyun Paik Part 2: Marine Biological Diversity of Areas beyond National Jurisdiction: Marine Genetic Resources 2 Mind the Gap between Biological Samples and Marine Genetic Resources in Areas beyond National Jurisdiction: Lessons from Land  Sophie Arnaud-Haond 3 The Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems  Konrad Jan Marciniak 4 Marine Genetic Resources of Areas beyond National Jurisdiction and Intellectual Property Rights  Fernanda Millicay 5 BBNJ and MGRs: Practical Solutions for Benefit-Sharing  Natalie Y. Morris-Sharma Part 3: Marine Biological Diversity of Areas beyond National Jurisdiction: Conservation and Management Tools and the Question of Fisheries 6 Options for Marine Protected Areas under a New Agreement on Marine Biodiversity of Areas beyond National Jurisdiction  Veronica Frank 7 Fisheries and Areas beyond National Jurisdiction: Advancing and Enhancing Cooperation  Richard Barnes Part 4: Disputes Concerning the Delimitation and Delineation of the Continental Shelf beyond 200 Nautical Miles 8 Disputes Concerning the Delimitation of the Continental Shelf beyond 200 Nautical Miles  Leonardo Bernard and Clive Schofield 9 Obligations of States in Disputed Areas of the Continental Shelf  Sean D. Murphy 10 Joint Development in Continental Shelf Areas beyond 200 Nautical Miles  Vasco Becker-Weinberg 11 More Disputes Ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure  Signe Veierud Busch Part 5: Seafloor Highs 12 Seafloor Highs in Article 76 of the Law of the Sea Convention A Scientific Introduction and Some Comments on CLCS Practice  Walter R. Roest 13 Submarine Ridges and Submarine Elevations under the Law of the Sea Convention: A Further Look  Kevin A. Baumert and Larry Mayer 14 The Case of Reykjanes Ridge  Helga Gudmundsdottir 15 Classification of Seafloor Highs in the Central Arctic Ocean  Bjørn Kunoy Part 6: Deep Seabed Mineral Resources and the Marine Environment 16 Environmental Impacts of Deep Seabed Mining  Matthias Haeckel, Annemiek Vink, Felix Janssen and Sabine Kasten Part 7: Climate Change and the Legal Effects of Sea Level Rise 17 Climate Change and the Legal Effects of Sea Level Rise: An Introduction to the Science  Larry Mayer 18 The Effects of Sea Level Rise on Baselines and Outer Limits of Maritime Zones  Alfred H.A. Soons 19 Effects of Sea Level Rise on Agreements and Judgments Delimiting Maritime Boundaries  Snjólaug Árnadóttir 20 Legal and Political Considerations on the Disappearance of States Due to Sea Level Rise  Christina Hioureas and Alejandra Torres Camprubí Part 8: The Central Arctic Ocean Fisheries Agreement 21 Implementing the New Arctic Fisheries Agreement  David Balton 22 The CAOF Agreement: Key Issues of International Fisheries Law  Erik J. Molenaar

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Book SynopsisProtection of water infrastructure is fundamental to the protection of civilians during armed conflicts; they provide water for drinking, sanitation, agriculture and energy. Unfortunately, they suffer not only from incidental damages inherent in conflicts, but also from deliberate targeting and weaponization by the belligerent parties. In The Geneva List of Principles on the Protection of Water Infrastructure, Tignino and Irmakkesen provide a detailed overview of the rules and practice on the protection of water infrastructure during and after armed conflicts. This overview is presented in a set of principles derived from different branches of international law and enriched with international practice, making the monograph a first in taking a holistic approach in the study of the subject.Table of Contents Dedication The Geneva List of Principles on the Protection of Water Infrastructure An Assessment and the Way Forward  Mara Tignino and Öykü Irmakkesen  Abstract  Keywords  1 Introduction  2 The Geneva List of Principles on the Protection of Water Infrastructure, with Commentaries  3 Perspectives  Annex: The Geneva List of Principles on the Protection of Water Infrastructure  Author Biographies  Bibliography

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Book SynopsisImplementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the governance of shared watercourses and the implementation of international water law through the Law, Nexus and Goals (LNG) approach. By looking at policy frameworks such as the WEF nexus and global development agendas such as the SDGs, the monograph provides a method of integration for holistic water governance. In order to demonstrate this approach, a case study of the Zambezi River Basin is used, through which the monograph not only exemplifies the approach taken, but also provides a detailed account of the legal and policy frameworks within the basin.Table of ContentsContents  Dedication Implementing International Watercourses Law through the WEF Nexus and SDGs: an Integrated Approach Illustrated in the Zambezi River Basin  Zeray Yihdego and Julie Gibson  Abstract  Keywords  1 Introduction  2 Normative and Conceptual Frameworks  3 The LNG Approach: towards Integration  4 The Zambezi River: LNG Approach  5 Conclusion  Acknowledgements  Bibliography

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Book SynopsisIn The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled some of the top scholars from Japan, South Korea, and the United States to provide a fresh and comprehensive look at one of the most long-running island disputes in East Asia. The book examines the dispute from multiple perspectives with chapters that provide a detailed and balanced assessment addressing issues in international law, history, foreign policy, domestic politics, the media, education, and the impact on relations with the United States. The book also provides analyses of why this dispute has persisted for decades and explores possible solutions that are relevant for other maritime disputes in the Asia-Pacific.Table of Contents

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Book SynopsisThe Ilisu Dam and its Impact on the Mesopotamian Marshes of Iraq: Implications for the Future Directions of International Water Law provides an overview of the existing legal regime of the Tigris Euphrates River Basin in the context of the ecological and socio-political effects of global climate change. Four other river basin systems; the Senegal, Rio Grande, Mekong, and Nile, are discussed for the purpose of illuminating overarching problems and possible solutions. In conclusion, future directions in the law of transboundary basins should be based on the collaboration of all affected states. The global community, as the largest stakeholder in regional stability and ecological viability, should also contribute affirmatively to support sustainable systems.Table of Contents Dedication The Ilisu Dam and Its Impact on the Mesopotamian Marshes of Iraq: Implications for the Future Directions of International Water Law  Raquella Moea Thaman  Abstract  Keywords  1 Introduction: Our Stake in Eden  2 Eden in the Anthropocene  3 The Tigris Euphrates River Basin  4 The Mesopotamian Marshes  5 Water Projects Affecting the Tigris Euphrates Basin  6 The Law  7 Collaboration, Cooperation and Water Diplomacy  8 Conclusion: Global Solutions for Global Resources  Acknowledgements  Author Biography  Bibliography

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Book SynopsisFrom Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the relationship between international trade and environmental law, where the keyword is synergy rather than conflict, and where sustainable development and environmental protection are portrayed as part of the very nature and purpose of the trade regime.Table of ContentsAcknowledgments List of Illustrations Table of Cases Table of Treaties and Legislations Table of Documents Abbreviations 1 Introduction  1 Vantage Points  2 The Untold Story of the Trade/Environment Nexus  2.1 Transcending the ‘Trade and …’ Debate  2.2 The Importance of Historical Inquiry  3 The Hidden Thread  3.1 Trade Is a Means to an End  3.2 The International Trade Regime Is Historically Contingent  3.2.1 The Emergence of Free Trade thought—The 1850s  3.2.2 Post-war Economic Reconstruction and the gatt  3.2.3 The 1980s and the wto project  3.2.4 A New Rationale?  3.3 Individuals and Communities Contribute to Changes in Collective Ideas  3.3.1 Right Conditions, Right Environment  3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change  3.3.3 Making Learning Possible  4 What Lies Ahead  4.1 Choices  4.2 A Cartography  4.3 Structure of the Book 2 First Came Economic Cooperation The Genesis of the Nexus  1 The Moral Value of Trade and the Need for International Trade Cooperation  1.1 The Senator from Tennessee and the International Dimension of Trade Policy  1.2 ‘When Goods Don’t Cross Borders, Soldiers Will’  1.3 The Call for an International Trade Conference  1.4 Anglo-American Trade Collaboration: The Atlantic Conference  1.5 Anderson’s Circus  1.6 Meade’s Multilateral Approach to Trade Agreements  1.7 Havana  2 International Cooperation to Protect Our Spaceship Earth  2.1 The Utilitarian Approach to Environmental Protection  2.2 “We Have Met the Enemy and He Is Us”  2.3 Spaceship Earth  2.4 The ‘Internationalist’ from Oak Lake  2.5 On the Road to Stockholm  3 The Environment as a Late-Comer  3.1 Mr. Clean—The Senator from Maine  3.2 The Commerce Clause and the Limits to Federal Environmental Law-Making  3.3 The Economic Purpose of Early European Environmental Efforts  3.4 The Environment Overlooked at Havana  3.5 unep and The Organizational Challenge  3.6 The Environment as an ‘Add-On’: The Origin of the Nexus 3 The Exception-Based Model  1 The Environment Cornered in Exception Clauses  1.1 The Environment Seen Through Free Trade Glasses  1.2 Who’s Afraid of Environmental Measures?—Part i. Environmental Measures as Non-Tariff Barriers  1.3 Who’s Afraid of Environmental Measures?—Part ii. The Harmonization Agenda  1.4 The Exception to the Rule  1.5 The Real Story of ‘Environmental’ Exceptions or ‘On How They Became Environmental’  1.6 The Indeterminacy of Trade Law and the Neoliberal Turn  2 Rivalry  2.1 Dialogue of the Deaf  2.2 Everyone for Themselves  2.3 Between Two Fires  2.4 Development First  2.5 To Each His Own Fear  2.6 Like Riding Bicycles  3 How Exceptions Work: The Environment Upstaged  3.1 A Clause to Prevent All Abuses  3.2 A ‘Narrowly Defined’ Exception  3.3 Who Bears the Risk of Non-Persuasion?  3.4 Judges with Limited Mandate and Expertise  3.5 Trade Liberalization First 4 The Evolution of the Nexus The Quest for Balance  1 The Need for Balance  1.1 Lady Jackson  1.2 Same Game, New Rules  1.3 Which Takes Precedence, Environment or Development?  1.4 Trade Too Can Harm the Environment  1.5 Assessing Environmental Impacts  1.6 Maquiladoras, Hazardous Waste, and the Pollution Haven Package  1.7 This Is Not Solely an International Story  2 Finding Balance  2.1 Free Traders and Environmentalists: Together at Last  2.2 The Committee on Trade and Environment: wto’s ‘Softer’ Version of Institutional Integration  2.3 Seven ‘Faceless Foreign Judges’  2.4 Finding Balance through Interpretation  2.5 ftas and the Introduction of ‘Updated’ Exceptions  2.6 An Exception and Nothing More  3 Beyond Exceptions  3.1 The (Not So) Thin Line between Exceptions and Exemptions  3.2 The Right to Protect the Environment  3.3 fta s’ Environmental Framework  3.3.1 Environmental Principles  3.3.2 Environmental Obligations  3.3.3 Dispute Settlement  3.4 The Road Ahead 5 Can Trade Work for the Environment? The Promotion-Based Model  1 Tables Have Turned  1.1 The Instrumental Role of Trade  1.2 A Global Green New Deal  1.3 Trading Places: A Brief History of Means and Ends  2 Negotiating Trade Rules with the Environment in Mind  2.1 Plenty of Fish in the Sea?  2.2 The Untapped Green Potential of the Subsides Agreement  2.3 Three Ways to Protect the Environment  2.4 Trade Sanctions and Forests Protection  2.5 A New Kind of Environmental Bargain  2.6 The EU’s Sustainable Commercial Policy  2.7 From Exception to Promotion  i  ii  iii  3 The Power of Ideas  3.1 From Weak to Strong Integration  3.2 Watching the Seeds Grow  3.3 The Development Factor  3.4 It’s Not All About the Environment  3.5 Two Birds with One Stone  3.6 Missed Opportunities 6 Conclusions  1 Ideational Change  2 Historical Contingency  2.1 The gatt and Embedded Liberalism  2.2 The wto and the Resurgence of Neoliberalism  2.3 The 2030 Agenda and the Instrumental Role of Trade  3 A New Trade Story  3.1 One. The Trade Regime: Can’t Live Without It  3.2 Two. Asking the Right Question  3.3 Three. An Organizing Principle for the Trade Regime Bibliography Index

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Book SynopsisEnvironmental Impact Assessment (EIA) requirements are quasi-universal. Praised as the core of the international legal response to ensure environmental protection, this procedure is an information tool for better public decision-making, which can contribute to empowering individuals and civic groups. Based on the historical background of the relevant norms and on case studies, Interstitial Law-Making in International Law: A Study of Environmental Impact Assessments verifies whether the role of procedure in secreting substantive law may be fulfilled in the distinctive legal system of public international law, while appraising how EIA requirements have been conceived and implemented as regards encouraging all international actors to behave in an environmentally conscious way, in a world of heterogeneous political regimes. This book is based on the author’s award winning doctoral dissertation which received the Yale Law School’s Ambrose Gherini Prize for best paper in the field of international law (2018).

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Book SynopsisWinner of the 2022 International Academy of Astronautics (IAA) Social Sciences Book Award Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions, one of the most devastating having caused the extinction of the dinosaurs 66 million years ago. Space agencies and other actors are increasingly dedicated to the development of technology to predict and mitigate such risks. This book addresses legal and policy aspects of ‘planetary defence’ activities aiming at the mitigation of Near-Earth Objects (NEO) impact threats. These include responsibility and liability for damage caused by such activities (or their failure) as well as international cooperation and possible decision making processes.Table of ContentsForeword Acknowledgements List of Figures and Tables List of Acronyms and Abbreviations List of Legal Documents Notes on Contributors Introduction   Irmgard Marboe part 1: Planetary Defence and International Cooperative Efforts 1 Near-Earth Objects – Basic Terms and Characteristics   Christian Koeberl and Cordula Steinkogler 2 What Is Planetary Defence?   Rüdiger Jehn 3 Planetary Defence Technologies   Alan Harris 4 International Cooperation in Planetary Defence – UNCOPUOS, IAWN and SMPAG   Gerhard Drolshagen, Lindley N Johnson and Romana Kofler 5 Enhancing Public Awareness  The Establishment of ‘Asteroid Day’   Frans von der Dunk 6 The United States Planetary Defence Programme  NASA and the Planetary Defense Coordination Office   Victoria P Andrews, Doris Daou, Lindley N Johnson 7 ESA’S Activities in Planetary Defence   Detlef Koschny 8 Planetary Defence Activities beyond NASA and ESA   Brent W Barbee part 2: Legal Analysis of Different Aspects of Planetary Defence 9 Overview of Current International Space Law in the Context of Planetary Defence   Steven Freeland 10 The 2010 Report on Legal Aspects of NEO Threat Response and Related Institutional Issues   Frans von der Dunk 11 The SMPAG Ad-hoc Working Group on Legal Issues   Line Drube 12 International Law Rules Related to the Sharing of Information about Potential NEO Threats   Irmgard Marboe 13 Rules of International Law Regarding an Obligation of States to Undertake Planetary Defence Activities   Cordula Steinkogler 14 The Use of Force and Planetary Defence   Setsuko Aoki 15 Legal Aspects of the Use of Nuclear Explosive Devices in Planetary Defence   David A Koplow 16 Nuclear Non-Proliferation and Planetary Defence  Competing Potential Disasters   Jack M Beard 17 Understanding the Social Aspects of an Asteroid Impact Threat from Socio-Anthropological Lessons Learned in Natural Disaster Management   Alissa Haddaji 18 The Current International Space Law Regime on Liability and Its Application to Planetary Defence   Alexander Soucek 19 Critical Issues and Future Perspectives on Liability in the Context of Planetary Defence   Henry Hertzfeld 20 The International Responsibility of States for Planetary Defence Activities   Sergio Marchisio 21 The Involvement of Private Actors in Planetary Defence Missions   Peter Stubbe 22 International Bodies and Procedures for Decision-Making Regarding Planetary Defence Actions   Olavo de Oliveira Bittencourt Neto  Conclusions and Considerations on the Way Forward   Irmgard Marboe Index

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Book SynopsisIn The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.

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Book SynopsisBig Data Analytics and Its Impact on Basin Water Agreements and International Water Law represents the state of the art when it comes to the use of disruptive technologies in the transboundary water context and its impact on international water law. Indeed, the case study provided in this manuscript which represents the most relevant example where big data is being used in the transboundary water context highlights this reality. The readers will understand current and also future potential impact of big data on water resources in the general context of disruptive technologies.

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Book SynopsisBased on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.Table of ContentsAcknowledgments List of Tables List of Abbreviations 1 Introduction 2 Facts  1 Introduction  2 RE Technologies Relevant to the Spanish Saga  3 European Context  4 Relevant Domestic Regulatory Framework  5 2010 Disputed Measures  6 2012 Disputed Measures  7 2013–2014 Disputed Measures  8 2019 Measures  9 Spanish Domestic Courts’ Judgments  10 Cases   10.1 Charanne   10.2 Isolux   10.3 Eiser   10.4 Novenergia   10.5 Masdar   10.6 Antin   10.7 Foresight   10.8 RREEF   10.9 Cube   10.10 NextEra   10.11 9REN   10.12 SolEs   10.13 InfraRed   10.14 OperaFund   10.15 BayWa   10.16 Stadtwerke   10.17 RWE   10.18 Watkins   10.19 PV Investors   10.20 Hydro   10.21 Cavalum  11 Conclusions 3 Jurisdiction  1 Intra-EU Objection   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 PV Investors    1.2.2 Charanne    1.2.3 RREEF    1.2.4 Isolux    1.2.5 Eiser    1.2.6 Novenergia    1.2.7 Masdar    1.2.8 Antin    1.2.9 Foresight    1.2.10 Cube    1.2.11 NextEra    1.2.12 9REN    1.2.13 SolEs    1.2.14 InfraRed    1.2.15 OperaFund    1.2.16 BayWa    1.2.17 Stadtwerke    1.2.18 RWE    1.2.19 Watkins    1.2.20 Hydro    1.2.21 Cavalum   1.3 Lessons Learned    1.3.1 First Lesson Learned – the Spanish Saga Cases Were an Important Contribution to the Factual Matrix Which Led to the 2021 Komstroy Judgment    1.3.2 Second Lesson Learned – the Tensions between EU Law and Protection under the ECT Are Far from Being Resolved in a Final Manner, and the Main Points of the Debate Have Evolved over Time    1.3.3 Third Lesson Learned – the Differences between ICSID and Non-ICSID Arbitrations have Become More Important Than Ever Before    1.3.4 Fourth Lesson Learned – the Nature of the Intra- EU Objection Can Be Classified as Rationae Personae  2 Tax Carve-Out Objection   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 PV Investors    2.2.2 Charanne    2.2.3 RREEF    2.2.4 Isolux    2.2.5 Eiser    2.2.6 Novenergia    2.2.7 Masdar    2.2.8 Antin    2.2.9 Foresight    2.2.10 Cube    2.2.11 NextEra    2.2.12 9REN    2.2.14 InfraRed    2.2.15 OperaFund    2.2.16 BayWa    2.2.17 Stadtwerke    2.2.18 RWE    2.2.19 Watkins    2.2.20 Hydro   2.3 Lessons Learned    2.3.1 First Lesson Learned – Arbitral Tribunals Not Only Can, but Must, Commence Their Analysis by Looking beyond the “Label” of a Tax, to Decide Whether a Disputed Measure Fulfils CIL’s Prerequisites    2.3.2 Second Lesson Learned – Tax Carve-Out Clauses Do Not Apply to Mala Fide Measures 4 Liability  1 Fair and Equitable Treatment   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 Charanne    1.2.2 Charanne – Dissenting Opinion    1.2.3 Isolux    1.2.4 Isolux – Dissenting Opinion    1.2.5 Eiser    1.2.6 Novenergia    1.2.7 Masdar    1.2.8 Antin    1.2.9 Foresight    1.2.10 Foresight – Dissenting Opinion    1.2.11 RREEF    1.2.12 RREEF – Dissenting Opinion    1.2.13 Cube    1.2.14 Cube – Dissenting Opinion    1.2.15 NextEra    1.2.16 9REN    1.2.17 SolEs    1.2.18 InfraRed    1.2.19 OperaFund    1.2.20 OperaFund – Dissenting Opinion    1.2.21 BayWa    1.2.22 BayWa - Dissenting Opinion    1.2.23 Stadtwerke    1.2.24 Stadtwerke – Dissenting Opinion    1.2.25 RWE    1.2.26 RWE – Dissenting Opinion    1.2.27 Watkins    1.2.28 Watkins – Dissenting Opinion    1.2.29 PV Investors    1.2.30 PV Investors – Dissenting Opinion    1.2.31 Hydro    1.2.32 Cavalum    1.2.33 Cavalum – Dissenting Opinion   1.3 Lessons Learned    1.3.1 First Lesson Learned – Regulatory Frameworks Can Create Legitimate Expectations That Are Protected by International Investment Treaties    1.3.2 Second Lesson Learned – the Content of Domestic Law Is Crucial to Determine the Scope of Legitimate Expectations Based on a Regulatory Framework    1.3.3 Third Lesson Learned – Legal Due Diligence Is Essential to Ensuring the Existence of Legitimate Expectations to Regulatory Stability in Highly Regulated Sectors    1.3.4 Fourth Lesson Learned – the Sovereign Right to Regulate Has Its Limits, Which Is Related to the Rule of Law    1.3.5 Fifth Lesson Learned – the FET Involves a Balancing Exercise    1.3.6 Sixth Lesson Learned – Contractual Obligations Can Be Game Changers  2 Expropriation   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 Charanne    2.2.2 Isolux    2.2.3 Eiser    2.2.4 Novenergia    2.2.5 Foresight    2.2.6 Cube    2.2.7 9REN    2.2.8 SolEs    2.2.9 InfraRed    2.2.10 BayWa    2.2.11 Hydro    2.2.12 Cavalum    2.3 Lessons Learned    2.3.1 First Lesson Learned – the Impact of the State’s Measures on Attributes of Ownership and/or Control Are Relevant Factors in Assessing Whether a Substantial Deprivation Occurred, and Continued Ownership and/or Control of Investments Elevates the Threshold to Be Met by the Economic Impact of the Disputed Measures    2.3.2 Second Lesson Learned – General Regulatory Measures Can Result in Indirect Expropriation  3 Umbrella Clause   3.1 General Comments   3.2 Spanish Saga Case Law    3.2.1 Isolux    3.2.2 Eiser    3.2.3 Novenergia    3.2.4 Masdar    3.2.5 Antin    3.2.6 Foresight    3.2.7 RREEF    3.2.8 Cube    3.2.9 NextEra    3.2.10 9REN    3.2.11 SolEs    3.2.12 InfraRed    3.2.13 OperaFund    3.2.14 BayWa    3.2.15 Stadtwerke    3.2.16 RWE    3.2.17 Watkins    3.2.18 Cavalum   3.3 Lessons Learned    3.3.1 First Lesson Learned – General Legislation, Directed at a Broad Class of Addressees, Falls outside the Scope of the Umbrella Clause    3.3.2 Second Lesson Learned – the Umbrella Clause May Apply Provided That a PPA Is Concluded between the Investor and an Agency Whose Actions Are Attributable to the State 5 Remedies  1 Restitution   1.1 General Comments   1.2 Spanish Saga Case Law    1.2.1 Charanne and Isolux    1.2.2 Eiser    1.2.3 Novenergia    1.2.4 Masdar    1.2.5 Antin    1.2.6 Foresight    1.2.7 RREEF    1.2.8 Cube    1.2.9 NextEra    1.2.10 9REN    1.2.11 SolEs    1.2.12 InfraRed    1.2.13 OperaFund    1.2.14 BayWa    1.2.15 Stadtwerke    1.2.16 RWE    1.2.17 Watkins    1.2.18 PV Investors    1.2.19 Hydro    1.2.20 Cavalum   1.3 Lessons Learned    1.3.1 First Lesson Learned – Restitution May Be Awarded in Investor-State Arbitrations, Although It Is Inappropriate in cases concerning Violations of Investment Treaties Caused by Regulatory Changes, Given the Disproportionate Impact on a Sovereign State’s Legislative Autonomy    1.3.2 Second Lesson Learned – If Restitution Is Awarded, Art. 26(8) ECT Requires to Enable the Respondent to “Pay Monetary Damages in Lieu of” Restitution. It Is Recommended That, Even outside the ECT Context, Similar Reservations Are Made in the Operative Parts of Arbitral Awards in Order to Respect State Sovereignty  2 Compensation   2.1 General Comments   2.2 Spanish Saga Case Law    2.2.1 Charanne and Isolux    2.2.2 Eiser    2.2.3 Novenergia    2.2.4 Masdar    2.2.5 Antin    2.2.6 Foresight    2.2.7 RREEF    2.2.8 RREEF – Dissenting Opinion    2.2.9 Cube    2.2.10 NextEra    2.2.11 9REN    2.2.12 SolEs    2.2.13 InfraRedMethodology and Calculations    2.2.14 OperaFund    2.2.15 BayWa    2.2.16 Stadtwerke    2.2.17 RWE    2.2.18 Watkins    2.2.19 PV Investors    2.2.20 Hydro    2.2.21 Cavalum   2.3 Lessons Learned    2.3.1 First Lesson Learned – DCF Is the Most Common Valuation Method Applied in Disputes concerning the RE Sector. The Highly Regulated Nature of the RE Sector Enables the DCF to Be Applied to Assess Compensation Even regarding Investments Which Have a Shorter Operating Track Record Than Would Be Required in Other Sectors    2.3.2 Second Lesson Learned – Arbitration Provides Flexibility regarding the Procedure to Be Used, Which Allows Tribunals to Request Calculations to Be Prepared Jointly by the Parties’ Appointed Experts    2.3.3 Third Lesson Learned – Claimants May Request a Tax Gross-Up, but They Face a High Evidentiary Threshold to Prove That a Specific Tax Will Apply and That It Is More Burdensome Than the Tax Which Would Have Applied (in the But-for Scenario) to Profits Which Would Have Been Obtained If the Treaty Had Not Been Violated 6 Conclusions Bibliography   Books and Reports   Articles and Book Chapters   Arbitral Documents (Awards, Decisions, Opinions, etc.)   Judgments and Opinions of the International Court of Justice and the Permanent Court of International Justice   Judgments and Opinions of the Court of Justice of the European Union and Its Predecessor   International Treaties   Spanish legislation   Spanish courts’ judgments   Other sources Index

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Book SynopsisCan—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.Table of ContentsSeries Editor’s Preface Acknowledgements List of Tables and Figures Notes on Contributors Introduction: “Sustainability through Participation? – National, Supranational and International Legal Perspectives”  Eva Julia Lohse and Birgit Peters Part 1: Fundamentals 1 The Historical Perspective  Birgit Peters 2 Re-imagining Participation in the Anthropocene: The Potential of the Rights of Nature Paradigm  Paola Villavicencio-Calzadilla and Louis Kotzé Part 2: National Perspectives 3 Comparative Administrative Law Perspectives – Europe, Latin-America, Africa  Eva Julia Lohse 4 Comparative Administrative Law Perspectives: China  Daniele Brombal Part 3: The European Union Perspective 5 The Scope and Requirements of Public Participation in EU Environmental Law  Giacomo Gattinara and Magnus Noll-Ehlers 6 Impact of Supranational Concepts of Participation and Sustainability on National Administrative Law  Cristina Fraenkel-Haeberle 7 The Law of Public Finance  Matthias Valta 8 State Aid Law  Julius Buckler 9 Competition Law  Matthias Uffer Part 4: International Legal Perspectives 10 The Human Rights Dimension  Angela Schwerdtfeger 11 The Case of Biodiversity Protection  Federica Cittadino and Emma Mitrotta 12 Climate Change Law  Omondi R. Owino 13 The Law of the High Seas  Violeta S. Radovich 14 The Law of Multilateral Development Banks  Michael Riegner 15 International Investment Law  Paolo Turrini Conclusions  Margherita Paola Poto Annex Index

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Book SynopsisThis book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.Table of ContentsList of Figure part 1 Introduction 1 Introduction  1.1 Introduction  1.2 Background  1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities  1.4 The Barents Sea  1.5 Limitations and Assumptions throughout the Book 2 Sources of Law in Norway and Russia  2.1 Introduction  2.2 Sources of Law – Norway  2.3 Sources of Law – Russia  2.4 Some Comments on Legal Reasoning  2.5 Materials Used 3 Principles and Considerations in Norwegian and Russian law  3.1 Introduction  3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law  3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle  3.4 Common Consideration in Norwegian and Russian Law  3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act  3.6 Russian National Considerations  3.7 Comparative Notes  3.8 Conclusions 4 Liability for Pollution Damage in the Barents Sea  4.1 Introduction  4.2 Liability for Pollution Damage in Norway  4.3 Liability for Pollution Damage in Russia part 2 Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments 5 Choice of Law Rules in the Petroleum Act and the Civil Code  5.1 Introduction  5.2 Two Cross-Border Pollution Scenarios  5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea  5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea  5.5 Conclusion of Choice of Law 6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)  6.1 Introduction  6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters  6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.5 Conclusion of Recognition and Enforcement of Foreign Judgments Part 3 Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation 7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law  7.1 Introduction  7.2 Norwegian Law  7.3 Russian Law  7.4 Comparative Analysis  7.5 Conclusion of Chapter 7 8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation  8.1 Introduction  8.2 Historical Prelude  8.3 Pure Economic Loss and Losses Suffered by Third Parties  8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests  8.5 Russian Law – the Concept of “Unreceived Income”  8.6 Comparative Analysis  8.7 Conclusion on Losses Suffered by Third Parties 9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills  9.1 Introduction  9.2 Values Attributable to the Environment  9.3 Norwegian Law  9.4 Russian Law  9.5 Comparative Analysis  9.6 Conclusion of Chapter 9 10 The Valuation and Calculation of Compensable Damage to the Environment  10.1 Introduction  10.2 The Primary Valuation and Calculation Methods  10.3 The Norwegian Approach to Restoration and Replacement Costs  10.4 The Russian Approach: Market Valuation and Mathematical Formulas  10.5 Comparative Analysis  10.6 Conclusion 11 Conclusions and Policy Recommendations  11.1 Introduction  11.2 Conclusions and Summary of the Book  11.3 Policy Recommendations Annexes Bibliography Index

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Book SynopsisHow can subnational governments best integrate climate change considerations across policy areas? Which factors contribute to successful integration? With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.

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Book SynopsisThe Białowieża Forest is probably the best known forest in Central and Eastern Europe, owing its fame to not only to its natural value, but also to the disputes which have arisen in recent years concerning approaches to its protection. In this book the authors present the Białowieża Forest and the principles of its protection, as well as the legal remedies constructively derived from the disputes. The proposed remedies can also be applied appropriately to other priceless shared goods and cross-border properties.Table of ContentsPreface List of Figures and Tables 1 Białowieża Forest as a Cross-Border Invaluable Natural Property  1.1 The Formation of Białowieża Forest throughout History  1.2 The Natural Characteristics of Białowieża Forest  1.3 The Uniqueness of Białowieża Forest  1.4 The Cross-Border Location of Białowieża Forest  1.5 The Socio-Economic Conditions of Białowieża Forest 2 The Legal Dimension of the Protection of Białowieża Forest  2.1 The Genesis and Evolution of the Legal Protection of Białowieża Forest  2.2 The Current Legal Basis for the Protection of Białowieża Forest in National Laws of Poland and Belarus  2.3 The Current Legal Basis for the Protection of Białowieża Forest in International Law  2.4 The Current Legal Basis for the Protection of Białowieża Forest in European Union Law  2.5 Identifying the Current Model of the Protection of Białowieża Forest 3 The Polish Dispute over the Białowieża Forest Protection Model  3.1 ‘From the bark beetle gradation to the Luxembourg judgment’ (The Actual State)  3.2 The Position of the Polish Government on the Protection of Białowieża Forest  3.3 The Position of the Polish Environmentalist Non-Governmental Organisations on the Protection of Białowieża Forest  3.4 The Protection of Białowieża Forest in the Opinion of Polish Academia  3.5 The Protection of Białowieża Forest in the Opinion of Polish Society 4 The International Implications of the Polish Dispute over the Protection Model of Białowieża Forest  4.1 The Position of the United Nations Organisation for Education, Science and Culture (unesco) on the Polish Dispute over the Protection Model of Białowieża Forest  4.2 The Approach of Belarus to the Polish Dispute over the Protection Model of Białowieża Forest  4.3 The Position of the European Commission on the Polish Dispute over the Protection Model of Białowieża Forest  4.4 The Court of Justice of the European Union on the Polish Dispute over the Protection Model of Białowieża Forest  4.5 International Bodies of Opinion on the Polish Dispute over the Protection Model of Białowieża Forest 5 The Post-białowieża Legal Remedies for the Protection of Cross-Border Invaluable Natural Properties  5.1 The Modelling of Environmental Protection in the Modern World and Their Cross-Border Nature  5.2 The Inscription of Cross-Border Unique Natural Properties  5.3 The Identification of the Legal Basis for the Protection of Cross-Border Invaluable Natural Properties (Including Białowieża Forest) in Contemporary International Law  5.4 The Need for a New Legal Basis for the Protection of Cross-Border Invaluable Natural Properties (Including Białowieża Forest) and Their Assumptions  5.5 The Proposals of Internationalised Practical Solutions for the Protection of Cross-Border Invaluable Natural Properties Conclusions Bibliography Index

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Book SynopsisRegulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.Table of ContentsList of Figures and Tables Table of Cases Table of Legislation Notes on Contributors Introduction to Regulation of Risk   Gabriela Argüello, Abhinayan Basu Bal, David Langlet and Trisha Rajput The UN Arms Trade Treaty A Multilateral Trade and Security Treaty Not Regulated by International Trade Law? 38   Abdulmalik M. Altamimi Ice Management Research and the Arctic Marine Environment   Gabriela Argüello and Julia Johansson Divide and Conquer or Unite to Trade Trade Facilitation Along the China-Europe Railway Corridors   Abhinayan Basu Bal, Trisha Rajput and Yongmei Chen The Meaning of “Accident” under the Montreal Convention in Light of cjeu Jurisprudence   Olena Bokareva Admissibility of Air and Marine Accident Investigation Records in Arbitration and Litigation   Jason Chuah When Economic Sanctions Lead to Conflict of Laws and Real Risks for Businesses   Carolina Dackö Risks Posed by the covid-19 Pandemic Regarding the Carriage of Goods and Passengers by Sea — Considerations on Seafarers’ Rights and Health Protection   Jonatan Echebarria Fernández International Shipping Who Levels the Playing Field?   Ellen J. Eftestøl and Emilie Yliheljo Risk in Transporting Dangerous Goods via RoRo and RoPax Shipping   Jonas Flodén and Johan Woxenius Scrubber Technology — Bad News for the Marine Environments   Ida Maja Hassellöv Autonomous Wrecks   Jhonnie Mikael Kern High Seas Marine Protected Areas — Impact on Shipping and the imo   Niels Krabbe Shipping and the Ecosystem Approach   David Langlet Autonomous Shipping Some Reflections on Navigational Rights and Rescue at Sea   Martin R. Leopardi Maritime and Aviation Law A Relational Retrospect and Prospect on Unmanned Ships and Aircraft   Huiru Liu Some Perils of Turning Small Ships into Big Boats On the Relevance of Addressing the Real Issues in Law   Claes Martinson The International Regulatory Framework of mass Disruption   Maximo Q. Mejia Jr. Salvage Agreement and Contract Salvage Risk Dynamics in Salvage Law   Proshanto K. Mukherjee (Smart) Contractual Networks in the Carriage of Goods by Sea   Livashnee Naidoo Restricting International Trade through Export Control Laws: National Security in Perspective   Trisha Rajput Legal Tools for Overcoming Perceived Risks in Green Shipping   Pia Rebelo Third Party Direct Rights of Action against Insurers under UK Law and International Maritime Liability Conventions   Rhidian Thomas

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.Table of ContentsAcknowledgements Abbreviations and Acronyms Table of Materials Introduction 1 The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change  1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem  2 International Protection as a Solution  2.1 The Notion of International Protection in International Law  2.2 Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change  3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration  3.1 The Notion of a Global Compact  3.2 International Protection and the Global Compact on Refugees  3.3 International Protection and the Global Compact for Safe, Orderly and Regular Migration  3.4 Future Implications  4 Conclusion 2 Mapping the Legal Gaps  1 Relevant International Treaty Regimes  1.1 International Refugee Regime  1.2 International Climate Change Regime  1.3 International Desertification Regime  1.4 International Labour Regime  1.5 International Trade Regime  1.6 International Human Rights Regimes  2 Relevant International Rules and Principles  2.1 Non-refoulement  2.2 Protection in the Event of Displacement  2.3 Protection in the Event of Disasters  3 A Novel Challenge: Sea-Level Rise and International Law  4 Conclusion 3 Legal Gaps in Action – Insights from the Pacific Island States  1 Setting the Scene  2 Human Mobility in the Context of Disasters and Climate Change in the Region  2.1 Comparing the Pathways for Inter- and Intra-regional Movement  2.2 The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility  3 Learning from the Domestic Approaches to Protection  3.1 The Notion of Planned Relocation and the Pacific Island States  3.2 Planned Relocation Policy of Vanuatu  3.3 Planned Relocation Policy of Fiji  4 Conclusion 4 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest  1 The Theory of Community Interests in International Law  1.1 Revival and Content  1.2 Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests  2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change  2.1 Identification  2.2 Pathways to Using the Existing Procedural Aspects of International Law  2.3 Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees  3 Conclusion 5 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind  1 The Theory of the Common Concern of Humankind in International Law  1.1 Emergence and Expressions  1.2 Legal Effects: Treaty Regimes as a Reflection of Common Concerns  2 The Application of a Common Concern Approach: Towards a New Treaty Regime  2.1 A Novel Duty to Cooperate  2.2 A Novel Duty to Act  3 Conclusion Conclusion Summary and Outlook  1 International Protection and Human Mobility in the Context of Disasters and Climate Change  2 Lessons Learnt about Community Interests and Common Concerns  3 Outlook Bibliography Index

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Book SynopsisIn Key Regulatory Initiatives in EU Sustainable Banking – Exploring Sustainability Risk Management in the EU Banking Industry, the author studies the current regulatory regime addressing sustainability in Europe, aiming to identify whether such regulatory frameworks can be considered a strategic opportunity, or contrastingly, a strategic burden for credit institutions.Table of ContentsKey Regulatory Initiatives in the EU Sustainable Banking Exploring Sustainability Risk Management in the EU Banking Industry  Alexandra-Cristina Hanganu Abstract Keywords  1 Introduction  2 Methodology & Conceptual Framework  3 Sustainability – A Cross-Industry Salient Topic  4 Regulatory Reforms Addressing Sustainability  5 Environmental, Social & Governance (ESG) Risks  6 An Adjusting Banking Industry  7 Sustainability Implementation – A Strategic Opportunity or Burden?  8 Discussions  9 Conclusion  Figures  Tables  Abbreviations  Notes on Contributor References

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Book SynopsisShort-lived climate pollutants (SLCPs), including methane, black carbon, hydrofluorocarbons, and tropospheric ozone, have become part of climate policy debates. Discussion has revolved around the potential of their mitigation to slow down global warming in the short term and bring about co-benefits, for instance, for air quality and public health. This book provides the first comprehensive analysis of global SLCP law and governance. A diverse array of contributors delves into the science and evolution of the concept of SLCPs, analyses the legal and governance responses developed under various international and transnational arenas, and discusses selected sectoral case studies.Table of ContentsList of Illustrations Acronyms Notes on Contributors Introduction Reducing Emissions of Short-Lived Climate Pollutants: Perspectives on Law and Governance   Yulia Yamineva, Kati Kulovesi and Eugenia Recio 1 Scientific Overview on slcp s Characteristics, Impacts and Uncertainties   Thomas Kühn, Harri Kokkola, Tuuli Miinalainen and Kari Lehtinen Part 1 Global Perspectives on Law and Policy of slcp s 2 A Conceptual History of slcp s   Niklas Löther 3 The International Climate Change Regime Right Home for slcp s?   Yulia Yamineva and Veera Pekkarinen 4 Strengthening the Global Regulation of Hydrofluorocarbons under the Montreal Protocol   Louise du Toit 5 The Regulation of Short-Lived Climate Pollutants under the Convention on Long-Range Transboundary Air-Pollution and Its Gothenburg Protocol   Adam Byrne 6 The Climate and Clean Air Coalition A Voluntary Initiative for Climate and Air Quality   Charlotte Unger 7 How to Tackle Short-Lived Climate Pollutants Regionally The Experience of the Arctic Council   Timo Koivurova, Medy Dervovic, Mikael Hildén, Stefan Kirchner, Kaarle Kupiainen and Malgorzata (Gosia) Smieszek 8 From Bilateral Science Diplomacy to Wider Black Carbon Governance? Norwegian-Chinese and Finnish-Russian Initiatives   Pami Aalto, Gørild Heggelund, Anna Claydon and Minna Hanhijärvi Part 2 Case Studies of slcp Mitigation 9 Regulating Emissions from Cookstoves Global and National Approaches   Tuula Honkonen and Alice Karanja 10 An Integrated and Inclusive slcp Strategy for Asia Recommended Policy and Institutional Reforms   David D. Sussman, Eric Zusman and Matthew Hengesbaugh 11 Black Carbon Emissions in International Maritime Shipping   Thomas L. Brewer 12 Tackling Black Carbon in Road Transport Towards Global Car Emission Standards   Kateryna Holzer 13 Transnational Approaches to Controlling Methane Emissions from Oil and Gas Operations   Tade Oyewunmi   Conclusion The Past, Present and Future of slcp Law and Governance   Yulia Yamineva, Kati Kulovesi and Eugenia Recio Index

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Book SynopsisInternational law is increasingly applied in the field of natural resources. This reflects the current and challenging problem of mankind, namely how should increasingly rare natural resources or commodities be explored and exploited. This collection draws on the experts in the field to explore questions such as mining and human rights; national resources and investment law; and authority over natural resources. Though asking probing questions from different sectors, each contribution keeps the big picture and the underlying conditions in mind to answer the collection’s research questions with one voice.Table of ContentsCh. 1 Energy as a Resource for Sustainable Development Ch. 2 Securing of Resources as a Valid Reason for Using Force? A Pre-Emptive Defence of the Prohibition on the Use of Force Ch. 3 Integrating Sustainable Management of Mineral Resources into International Mining Law Ch. 4 Extractives for Development Ch. 5 Resource Mining and Human Rights Ch. 6 Crimes against the Environment? The Deliberate Destruction of the Natural Environment and Natural Resources during War Ch. 7 Resource Mining and Law of the Sea: Evolving Issues and Challenges for the Indian State Practice Ch. 8 Space Resources and Property Rights – Unilateral and Multilateral Approaches Ch. 9 Natural Resources and Investment Law, in particular Investor State Contracts Ch.10 Resources and Investment – Understanding and Misunderstanding the Friction between the Right to Regulate and Investor Protection Ch. 11 Reforming International Investment Treaties for an Equitable Natural Resource-Related Investment Governance Regime Ch. 12 Authority over Natural Resources: No End of Geography

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Book SynopsisThis book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events. Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, North Macedonia, Romania, Slovenia, and Serbia, paving the way for their comparative assessment. The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters. The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice both in and beyond Europe.

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