Public international law: environment Books
Edward Elgar Publishing Ltd Teaching and Learning in Environmental Law
Book SynopsisTrade Review'Teaching and Learning in Environmental Law is a landmark contribution to environmental law scholarship as the first book to be devoted entirely to different teaching methodologies for environmental law. The editors and authors are leading names and recognized professors of environmental law. This book will quickly become an essential resource for environmental law scholars in all parts of the world and from all legal systems engaged in the teaching of environmental law.' -- Nilüfer Oral, Centre for International Law, National University of Singapore, Singapore and Member of the UN International Law Commission'This book represents a real breakthrough. It is the first to explore in depth how to overcome the daunting challenges of teaching environmental law. The field's rapid growth during the last half century has made it more important than ever, but also more difficult, to understand how law seeks to combat environmental problems. The book examines a rich variety of approaches to teaching environmental law through the experienced eyes of a multinational group of outstanding teachers and scholars. It offers fresh insights that will be of great value no matter how long one has been teaching in this field.' -- Robert Percival, University of Maryland Francis King Carey School of Law, US'Teaching and Learning in Environmental Law is a highly recommended book for all teachers of environmental law around the world. This edited collection contains carefully curated articles showing a wide range of teaching methodologies that could be applied in differing contexts. Considering the many challenges that frequently arise in teaching environmental law, this book reveals fresh perspectives and inspiring accounts which were gained from experience by the different contributors in the book. The book provides a compilation of narratives and lessons from tried-and-tested learning approaches that takes one inside and beyond the four walls of the classroom.For most teachers, competence in teaching is often honed by experience. This book, therefore, allows one to embark on a journey of self-reflection as one sifts through the information shared by each contributor. In the end, one emerges hopeful, inspired and ready to take on the challenges of teaching environmental law in a complex, fast-changing world. Indeed, many teachers of environmental law will greatly benefit from the treasure trove of teaching materials found in this book.Environmental law has become a widely recognized discipline in legal education today. It is, thus, vital for teachers of environmental law to teach and learn how to be effective teachers in environmental law. The Teaching and Learning in Environmental Law book can be an essential part of the teaching arsenal of every teacher of environmental law.' -- Rose-Liza Eisma-Osorio, University of Cebu School of Law, Philippines'In all modern societies, the protection of the environment lies mainly in the hands of public authorities, which grant permits, plan and realise infrastructure projects, fight - or do not fight - pollution, and deal with resource issues. This means that a great number of those who study environmental law will later occupy posts in transport, energy, local administrations or in economy. It is vital that they understand ecological concerns, environmental impairment and the need to integrate environmental issues into their day-to-day decisions.This book offers a wealth of new ideas for how to teach environmental law in a way that reaches the mind and at the same time the heart of students. The examples stem mainly from Anglo-Saxon countries, but offer enough flexible ways of teaching that they are of use to environmental teachers all over the world. And the examples are not limited to environmental law teaching and learning: indeed, as the protection of our planet is of general vital interest, any teacher may usefully adapt his teaching methods to examples that are given in the book, whether he teaches at a high school, a primary school, a university or in vocational courses. The whole book centers around the question of how to bring the message of the necessity to conserve this planet into the minds and hearts of the students.A very welcome and necessary book, which deserves - and needs! - many readers and is indispensable for any teacher of environmental policy, law, economy, or science.' -- Ludwig Krämer, Derecho y Medio Ambiente S.L., Spain
£36.05
Edward Elgar Publishing A Research Agenda for Law Finance and the Environment
£115.00
Edward Elgar Publishing Ltd The Future of Environmental Law
Book SynopsisTrade Review‘What is the future of environmental law? You might find answers, and at least insightful hints, from this wonderful literature. This book examines, based on analysis of previous experiences of environmental law, the possible challenges and innovative development of environmental law at international, regional and national levels. I believe the book could provide valuable insights to decision-makers and academia.’ -- Tianbao Qin, Wuhan University, China‘This important collection shows how environmental law has made many advances over the past decades, but that it does not adequately protect the planet yet. A wide range of excellent contributions covering many topics show a way forward towards more effective environmental law.’ -- Jonathan Verschuuren, Tilburg Law School, the NetherlandsTable of ContentsContents: 1 Introduction to The Future of Environmental Law 1 Kars J. de Graaf and Stefan E. Weishaar PART I THE PROFOUND ROLE OF INTERNATIONAL LAW 2 Governing the ocean in the Anthropocene era: area-based management as a tool to promote the socialisation of the law of the sea 14 Vonintsoa Rafaly 3 An insufficient tool for sustainable development: limitations of systemic integration under Article 31(3)(c) of the Vienna Convention on the Law of Treaties 30 Kazuki Hagiwara 4 The role of principles of international environmental law in greening the interpretation of human rights: the case of the UN Committee on Economic, Social and Cultural Rights 49 Megan Donald PART II LEGAL PERSPECTIVES ON SUSTAINABILITY 5 The legal dimension of sustainability 66 José Juan González Márquez 6 Sustainable management: political slogan or legal norm? 85 Trevor Daya-Winterbottom 7 In doubt when in favour of nature? Taking science seriously in the Anthropocene epoch 104 Mariana Coelho and Patryck Ayala 8 The principle of reparation: why the polluter-pays principle does not suffice and how to rebuild the law on environmental damage 121 Heloísa Oliveira PART III ENERGY 9 Renewables under the scrutiny of international investment law: the feed-in tariff 141 Monika Feigerlová 10 The proliferation of offshore renewable energy in European seas: the regulatory challenges of emerging technologies for EU environmental law 158 Nikolaos Giannopoulos 11 Environmental litigation before regional economic courts in Africa and Latin America 178 Sonja Kahl 12 The national green tribunal model to ensure environmental justice through collaboration 196 Masrur Salekin 13 People v Arctic Oil: Context, Judgment and Takeaways for Future Climate Litigation 215 Suryapratim Roy and Alexandru Gociu PART IV CASE STUDIES 14 A major future challenge for environmental law: salinization 236 Annalies Outhuijse, Tatia Brunings, and Ida Helene Groninga 15 Bringing nature back to agricultural land: bridging ambition and reality in agri-environmental governance 252 Edwin Alblas 16 Groundwater relevance for Brazilian semiarid development in the northeast: the need for protective environmental laws 271 Jose Irivaldo Alves Oliveira Silva Index
£115.00
Edward Elgar Publishing Ltd The Transformation of Environmental Law and Gove
Book SynopsisThis cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both âhardâ and âsoftâ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.Trade Review‘Sindico, Switzer and Qin's prescient volume brings answers to some of the most crucial questions in law, and indeed, in society today. In a comprehensive analysis spanning topics from food and agriculture, to climate change and energy, it demonstrates the importance of understanding the connections between socio-ecological risk, legal innovation and ecological and societal resilience. It should have a place on the bookshelf of all legal scholars.’ -- Elizabeth Kirk, University of Lincoln, UK‘In the face of ongoing and emerging environmental pressures, the foundations of environmental law are rapidly changing, with new actors and new forms of regulation challenging existing preconceptions of how environmental law works. This book offers a timely look into the forces of risk, innovation and resilience underpinning and reflecting these changes. Sindico, Switzer and Qin have successfully brought together a diverse cast of established and early career scholars to shed new light on the dynamic evolution of environmental law.’ -- Harro van Asselt, University of Eastern Finland‘Never has environmental law been more paradoxical; the need for it so obvious whilst its impact seemingly less notable. Society is grappling not only with a wide range of challenges, across multiple sectors but how it confronts them is also changing. As the contributors to this book reveal, searching for answers and new ways of doing things is essential, whilst underlining the continual challenges of human folly. This collection opens up the conversation, revealing new insights and explores some of the ongoing problems.’ -- Duncan French, University of Lincoln, UKTable of ContentsContents: PART I INTRODUCTION 1 Risk, innovation and resilience: moving towards mutual supportiveness 2 Francesco Sindico, Stephanie Switzer and Qin Tianbao PART II INNOVATION 2 Fracking and environmental law for sustainability: an era of global ecological risks and the imperative of legal transformations 15 Patryck de Araújo Ayala and Mariana Carvalho Victor Coelho PART III RISK 3 Innovating societal response to radiation risk: insights from the Fukushima Safecast case 34 Anna Berti Suman 4 Drug pollution from manufacturing, antimicrobial resistance and the importation of pharmaceutical active ingredients from third countries. The European drug safety regime under scrutiny: key legal and institutional aspects, challenges and opportunities 51 Elodie Le Gal PART IV RESILIENCE 5 Evaluating community resilience in promoting ecological and social justice in groundwater governance: lessons from India 75 Stellina Jolly 6 Strengthening the role of traditional leaders for effective local community participation in environmental management in Malawi 93 Gift Dorothy Makanje PART V CLIMATE CHANGE 7 Integrating climate change into impact assessments: key design elements 112 Meinhard Doelle 8 ‘Innovation’ and the law in state reports on climate change action 130 He Xiangbai and Alexander Zahar 9 Climate change law and colonialism: the rights of nature and a hypothetical case for bison person in Canada 148 Laura S. Lynes PART VI ENERGY 10 Community renewable energy for sustainable development 168 Richard Ottinger, Tom Bourgeois, Robert Habermann and Achinthi Vithanage PART VII FRESHWATER 11 The construction of the Três Marias dam and the absence of public policies for the arrival of the waters in the municipality of Morada Nova de Minas in Brazil 190 Mônica Thaís Souza Ribeiro, Izabela Zanotelli Collares and Danuta R. N. de Souza Calazans PART VIII BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND LAND, FOOD AND AGRICULTURE 12 Blockchain technology for food security? Resilience potential and risk identification for the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture 207 Thomas Gils and Christine Frison 13 Synthetic biology and international environmental law: time to move from definition to regulation 226 David Leary PART IX OCEANS 14 Climate proofing ocean governance: a journey through unchartered waters 245 Simone Borg PART X HUMAN RIGHTS 15 A new frontier in human rights law: the proposed third international covenant on the right of human beings to the environment 266 Michel Prieur and Mohamed Ali Mekouar PART XI LITIGATION 16 Resilience and access to climate justice 285 Morgan Eleanor Harris Index
£34.15
Edward Elgar Publishing Ltd Commentary on the Energy Charter Treaty
Book SynopsisTable of ContentsContents: INTRODUCTION 1 Rafael Leal-Arcas, Alanoud Alkhorayef, Moudhi Al Shehail and Loloah Al Sheikh AN ENERGY CHARTER TREATY FOR THE 21ST CENTURY 4 1. Criticisms of the Energy Charter Treaty 4 Restriction on the governments’ ability to regulate or restrict the use of fossil fuels 5 Environmental concerns 5 Sovereignty concerns 6 Transparency 6 The ECT is outdated 7 2. The modernization process 7 Investment protection 8 Trade 9 Transit 10 Energy efficiency 11 3. Investor-state dispute settlement (ISDS) mechanism 11 CONCLUSION 14 STRUCTURE OF THE BOOK 16 PREAMBLE 17 Antonio Morelli COMMENTARY 18 PART I DEFINITION AND PURPOSE ARTICLE 1 DEFINITIONS 24 Dylan Geraets and Leonie Reins COMMENTARY 26 Introduction 26 A. Part I: Definitions and purpose 27 ARTICLE 2 PURPOSE OF THE TREATY 59 Leonie Reins COMMENTARY 59 A. ‘In accordance with the objectives and principles of the Charter’ 60 B. ‘Complementarities and mutual benefits’ 64 C. ‘Long-term cooperation in the energy field’ 64 D. ‘A legal framework’ 66 E. Modernisation of the ECT PART II COMMERCE ARTICLE 3 INTERNATIONAL MARKETS 70 Lisa M. Richman COMMENTARY 70 A. Introduction 70 B. ‘An open and competitive market’ 71 C. ‘Energy Materials and Products and Energy-Related Equipment’ 72 ARTICLE 4 NON-DEROGATION FROM WTO AGREEMENT 75 Lisa M. Richman COMMENTARY 75 A. Introduction 75 B. The non-derogating provision 77 ARTICLE 5 TRADE-RELATED INVESTMENT MEASURES 82 Lisa M. Richman COMMENTARY 84 A. Introduction 84 B. Trade-related investment measures: basic elements and the WTO approach 85 C. Article 5 on TRIMs, a provision-by-provision analysis 87 D. The Australian Declaration: exceptions and jurisdictional issues 94 ARTICLE 6 COMPETITION 98 Aubin Nzaou-Kongo COMMENTARY 99 A. Introduction 99 B. The obligation of alleviation – Article 6(1) 101 C. Enforcement of competition provisions by the Contracting Parties – Article 6(2) 103 D. Obligation of cooperation between Contracting Parties and between national competition authorities – Article 6(3), (4) and (6) 104 E. Infringement, cooperation and dispute resolution – Article 6(5) and (7) 104 F. Conclusion 105 ARTICLE 7 TRANSIT 106 Cătălin Gabriel Stănescu COMMENTARY 108 ARTICLE 8 TRANSFER OF TECHNOLOGY 123 Aubin Nzaou-Kongo COMMENTARY 123 A. Introduction 123 B. Transfer of technology 125 C. Context of Article 8 126 D. Non-discriminatory access to and transfer of energy technologies 130 E. Removing barriers to technology transfer 136 F. Conclusions 139 ARTICLE 9 ACCESS TO CAPITAL 140 Aubin Nzaou-Kongo COMMENTARY 141 A. Introduction 141 B. Context of ECT Article 9 142 C. Promoting access to capital markets 149 D. Access to funds for trade or foreign investments 153 E. Implementation of economic programs in the energy industry Activity in the Energy Sector 153 F. Surviving prudential regulations: ‘Nothing in this Article shall prevent […]’ clause 154 G. Conclusions 155 PART III INVESTMENT PROMOTION AND PROTECTION ARTICLE 10 PROMOTION, PROTECTION AND TREATMENT OF INVESTMENTS 157 Diego Mej.a-Lemos COMMENTARY 159 A. Part III 162 B. Article 10 181 ARTICLE 11 KEY PERSONNEL 220 Diego Mej.a-Lemos COMMENTARY 220 ARTICLE 12 COMPENSATION FOR LOSSES 224 Diego Mej.a-Lemos COMMENTARY 224 ARTICLE 13 EXPROPRIATION 226 Diego Mej.a-Lemos COMMENTARY 227 ARTICLE 14 TRANSFERS RELATED TO INVESTMENTS 248 Francesco Montanaro and Tanya Shaar COMMENTARY 249 A. Introduction 249 B. The monetary transfer clause in the Energy Charter Treaty in light of the investment treaty practice 251 ARTICLE 15 SUBROGATION 256 Apurva Mudliar and Tanya Shaar COMMENTARY 256 ARTICLE 16 RELATION TO OTHER AGREEMENTS 259 Vishakha Joshi and Francesco Montanaro COMMENTARY 259 A. Introduction 259 B. Clauses governing conflicts with other treaties in the IIAs and in the ECT 261 C. Dispute governing the compatibility of ECT and other IITs with EU law 262 ARTICLE 17 NON-APPLICATION OF PART III IN CERTAIN CIRCUMSTANCES 264 Apurva Mudliar and Vishakha Joshi COMMENTARY 264 A. Introduction 264 B. Title: Non-application of Part III in certain circumstances 265 C. Application of Article 17(1) of the ECT 266 D. Denial of benefits to an investment under Article 17(2) 272 E. Conclusion 272 PART IV MISCELLANEOUS PROVISIONS ARTICLE 18 SOVEREIGNTY OVER ENERGY RESOURCES 274 Contributions by Peter Vajda and Varvara Aleksić, and Tina Hunter COMMENTARY 274 COMMENTARY 276 ARTICLE 19 ENVIRONMENTAL ASPECTS 283 Contributions by Peter Vajda and Varvara Aleksić, and Tina Hunter COMMENTARY 284 COMMENTARY 292 ARTICLE 20 TRANSPARENCY 294 Gloria Alvarez COMMENTARY 294 A. Structure and scope 294 B. Notion of transparency in the ECT 295 C. Transparency in ECT Secretariat Model Agreements 298 ARTICLE 21 TAXATION 299 Gloria Alvarez COMMENTARY 301 A. Introduction, structure and scope 301 B. Bona fide taxation measures according to the ECT 301 C. Structure and the general rule on Article 21 302 D. Exceptions to the General Rule on Article 21 303 E. Article 21 in practice and jurisdictional issues 306 ARTICLE 22 STATE AND PRIVILEGED ENTERPRISES 309 Contributions by Costantino Grasso and Tina Hunter COMMENTARY 309 COMMENTARY 320 ARTICLE 23 OBSERVANCE BY SUB-NATIONAL AUTHORITIES 322 Contributions by Costantino Grasso and Sara Almeshari COMMENTARY 322 COMMENTARY 327 ARTICLE 24 EXCEPTIONS 333 Contributions by Costantino Grasso and Gloria Alvarez COMMENTARY 334 COMMENTARY 340 ARTICLE 25 ECONOMIC INTEGRATION AGREEMENTS 342 Contributions by Costantino Grasso and Gloria Alvarez COMMENTARY 342 COMMENTARY 346 PART V DISPUTE SETTLEMENT ARTICLE 26 SETTLEMENT OF DISPUTES BETWEEN AN INVESTOR AND A CONTRACTING PARTY 349 Fernando Dias Sim.es COMMENTARY 351 A. Article 26(1) 351 B. Article 26(2) 355 C. Article 26(3) 356 D. Article 26(4) 360 E. Article 26(5) 362 F. Article 26(6) 363 G. Article 26(7) 365 H. Article 26(8) 366 ARTICLE 27 SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 368 Crina Baltag COMMENTARY 369 ARTICLE 28 EXCLUSION OF CERTAIN PROVISIONS OF THE ECT FROM THE SETTLEMENT OF DISPUTES BETWEEN CONTRACTING PARTIES 378 Crina Baltag COMMENTARY 378 PART VI TRANSITIONAL PROVISIONS ARTICLE 29 INTERIM PROVISIONS ON TRADE-RELATED MATTERS 381 Max Baumgart COMMENTARY 383 A. Introduction 383 B. Temporal scope of application (para 1) 384 C. Incorporation of the WTO Agreement’s rights and obligations (para 2) 384 D. Full transparency obligation (para 3) 385 E. Best-endeavour commitment (paras 4 and 5) 386 F. Stand still clause (paras 6, 7 and 8) 386 G. Dispute settlement (para 9) 387 ARTICLE 30 DEVELOPMENTS IN INTERNATIONAL TRADING ARRANGEMENTS 388 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 388 ARTICLE 31 ENERGY-RELATED EQUIPMENT 391 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 391 ARTICLE 32 TRANSITIONAL ARRANGEMENTS 393 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 394 A. Review of the transitional arrangements 395 B. The AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16) 396 COMMENTARY ON THE ENERGY CHARTER TREATY PART VII STRUCTURE AND INSTITUTIONS ARTICLE 33 ENERGY CHARTER PROTOCOLS AND DECLARATIONS 400 Silke Goldberg, Naomi Lisney and Anne Eckenroth COMMENTARY 401 A. The PEEREA 401 B. The Transit Protocol 404 ARTICLE 34 ENERGY CHARTER CONFERENCE 410 Cătălin Gabriel Stănescu COMMENTARY 412 A. Members and observers 412 B. Meetings of the Charter Conference 413 C. The powers and functions of the Charter Conference 413 D. Subsidiary bodies 424 E. Conclusions 426 ARTICLE 35 SECRETARIAT 427 Cătălin Gabriel Stănescu COMMENTARY 428 A. The staff of the Secretariat 428 B. The role and functions of the Secretariat 429 C. The appointment of the Secretary General 435 D. The Secretary General’s role in ECT’s Dispute Resolution Mechanisms 436 E. Conclusions 439 ARTICLE 36 VOTING 440 Cătălin Gabriel Stănescu COMMENTARY 441 A. Who can vote 441 B. Exercising the right to vote – voting by correspondence 442 C. Voting rules 443 D. Conclusions 445 ARTICLE 37 FUNDING PRINCIPLES 446 Cătălin Gabriel Stănescu COMMENTARY 446 A. Types of costs 446 B. Determination of financial contributions 447 C. Voluntary contributions 448 D. Conclusions 449 PART VIII FINAL PROVISIONS ARTICLE 38 SIGNATURE 451 Odysseas G. Repousis COMMENTARY 451 A. Introduction 451 B. Scope 451 C. Eligibility and temporal issues 452 D. State practice 452 E. Succession cases 453 ARTICLE 39 RATIFICATION, ACCEPTANCE OR APPROVAL 454 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 454 A. Introduction 454 B. State practice 455 COMMENTARY 455 A. Modernisation of the Energy Charter Treaty: Article 39 455 ARTICLE 40 APPLICATION TO TERRITORIES 456 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 457 A. Introduction 457 B. Territories for the international relations of which a contracting party is responsible 457 C. Territorial declarations and the ECT ‘Area’ 458 D. Temporal issues 458 E. State practice 459 F. Territorial declarations and provisional application 460 COMMENTARY 469 A. Modernisation of the Energy Charter Treaty: Article 40 469 ARTICLE 41 ACCESSION 471 Contributions by Odysseas G. Repousis and Dyuti Pandya COMMENTARY 471 A. Introduction 471 B. Scope 472 C. State practice 472 COMMENTARY 472 A. Modernisation of the Energy Charter Treaty: Article 41 472 ARTICLE 42 AMENDMENTS 473 Antonio Morelli COMMENTARY 473 ARTICLE 43 ASSOCIATION AGREEMENTS 477 Antonio Morelli COMMENTARY 477 ARTICLE 44 ENTRY INTO FORCE 479 Antonio Morelli COMMENTARY 479 ARTICLE 45 PROVISIONAL APPLICATION 482 Antonio Morelli COMMENTARY 484 ARTICLE 46 RESERVATIONS 487 Antonio Morelli COMMENTARY 487 ARTICLE 47 WITHDRAWAL 489 Antonio Morelli COMMENTARY 489 ARTICLE 48 STATUS OF ANNEXES AND DECISIONS 494 Leonardo Borlini and Marina Petri COMMENTARY 494 A. Purpose and function 494 B. Relevance of the article 495 ARTICLE 49 DEPOSITARY 500 Leonardo Borlini and Marina Petri COMMENTARY 500 A. Purpose and function 500 B. Content of the article 501 ARTICLE 50 AUTHENTIC TEXTS 504 Leonardo Borlini and Marina Petri COMMENTARY 504 A. Purpose and function 504 B. Content and interpretative implications of the article 505 APPENDIX: GAS INFRASTRUCTURE IN EURASIA AND THE ROLE OF THE ENERGY CHARTER 507 Andrey A. Konoplyanik 1. Three Major Components of Transit Risk in the Cross-Border Gas Value Chain (Konoplyanik’s ‘Pyramid of Transit Risks’) 509 2. Soviet/Russian Gas Supplies to Europe: Transit Risks Upstream of Delivery Points 510 3. Soviet/Russian Gas Supplies to Europe: Transit Risks Downstream of Delivery Points 512 4. GATT/WTO vs. Energy Charter (ECT and Draft Transit Protocol) Framework 514 5. Different Purpose of Russia and the EU on Prospective Implementation of Energy Charter Transit Provisions (Why the Balanced Solution on Transit Was Not Reached) 516 6. Energy Charter: A Gradual Shift from an Instrument of Trans-Atlantic Europe Towards a Eurasian Instrument Beyond the EU? 519 7. The Fight Against ‘Energy Poverty’ as the Main Consolidating Vehicle in Eurasia – A Trigger of ECT Re-Emergence in This Region? 522 Index 523
£205.00
Edward Elgar Publishing Ltd Climate Change Law
Book SynopsisTrade Review‘In their introduction, the authors state that “[h]elping individuals [ ... ] to develop climate change law literacy is the raison d'être of this book,” a goal they accomplish admirably. This relatively slim reader opens doors to deeper discovery and inquiry by providing a solid foundation and understanding of the extremely complex sets of legal, political, and economic dynamics involved in any effort to address the transnational and existential problems associated with an anthropogenically warming planet. Climate Change Law: An Introduction would make a great choice for a textbook for a climate change or environmental law seminar, and would also serve as a compact but highly informative resource for practitioners, policymakers, students, and others who wish to obtain a thorough grounding in the current state of climate change laws and policies.’BR> -- Jennifer E. Sekula, International Journal of Legal Information‘It is a challenge to write a textbook on climate change law because the field changes so rapidly. These authors have masterfully pulled together principles that serve as the backbone of the field while integrating recent case law and international agreements. The authors present foundational elements of mitigation, adaptation, energy, and human rights, and then help us recall the importance of private actors and the ethical challenges lawyers must face in this changing world.’ -- Jessica Owley, University of Miami School of Law, US‘This book could not be more timely – it is a comprehensive yet concise and accessible analysis of the multifaceted and complex area of climate change law. It is a rare combination of an analysis of international and U.S. law, mitigation and adaptation, state and non-state responsibilities, climate litigation, human rights, as well as individual, ethical considerations, demonstrating, in all of these areas, where the law stands today, as well as providing a glimpse as to where it is likely to evolve. A fantastic resource on climate change law!’ -- Lisa Benjamin, Lewis & Clark Law School, US‘Both lawyers and non-lawyers often ask me what to read for a concise introduction to the U.S. and international laws that are relevant to climate change. Now I have something to enthusiastically recommend. This book is a terrific primer on a complex and rapidly evolving area of law. It shows how courts, legislatures, and executives are addressing (or not) one of humanity's greatest challenges. Even experts will find it a useful refresher.’ -- Michael B. Gerrard, Columbia Law School, USTable of ContentsContents: Introduction to Climate Change Law 1. International Climate Change Treaty Regime 2. Climate Law Primer: Mitigation Approaches 3. Introduction to Energy Law 4. Adaption to Climate Change at the Subnational Level 5. Litigating Government (In)Action on Climate Change 6. Human Rights and Climate Change 7. Legal and Policy Levers to Prompt Action by Private Climate Change Actors 8. Introduction: Why the Individual Ethics of Greenhouse Gas Emissions Matters to Climate Law Index
£31.30
Edward Elgar Publishing Ltd Research Handbook on International Environmental
Book SynopsisTable of ContentsContents: Preface xi PART I THEORIES, CONCEPTS AND ACTORS OF INTERNATIONAL ENVIRONMENTAL LAW AND GOVERNANCE 1 Actors and law-making in international environmental law 2 Mark A. Drumbl and Kateřina Uhlířová 2 Participation of non-State actors and global civil society in international environmental law-making and governance 46 Otto Spijkers 3 Corporate responsibility for environmental harm 63 Markos Karavias 4 International framework for environmental decision-making 84 Geir Ulfstein 5 An introduction to ethical considerations in international environmental law 107 Alexander Gillespie PART II PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW 6 Sustainable development 131 Duncan French 7 The principles of prevention and precaution in international law: two heads of the same coin? 152 Nicolas de Sadeleer 8 Environmental impact assessment 189 Olufemi Elias and Meagan Wong 9 Common but differentiated responsibilities 210 Philippe Cullet PART III DISPUTE SETTLEMENT AND COMPLIANCE 10 Settlement of international environmental law disputes 231 Natalie Klein and Danielle Kroon 11 Environmental disputes in the WTO 260 Joanna Gomula 12 Compliance procedures and mechanisms 294 Gerhard Loibl PART IV HUMAN RIGHTS AND CLIMATE CHANGE 13 International climate law 322 Marie-Aure Perreaut Revial 14 Human rights and the environment: substantive rights 345 Karen Morrow 15 Domestic climate litigation’s turn to human rights and international climate law 368 Marlies Hesselman 16 Environmental protection in armed conflict 394 Karen Hulme and Doug Weir PART V SELECTED ENVIRONMENTAL PROTECTION REGIMES 17 The relationship between the law of international watercourses and sustainable development 415 Malgosia Fitzmaurice and Virginie Barral 18 International chemicals and waste management 443 Katharina Kummer Peiry 19 Environmental protection in the Antarctic and the Arctic: the role of international law 461 Kees Bastmeijer and Rachael Lorna Johnstone Index
£48.40
Edward Elgar Publishing A Research Agenda for Environmental Compliance and Enforcement
Book SynopsisThis incisive book examines cutting edge issues in environmental compliance and enforcement law. It highlights critical research needs in the field, and explains how their realisation would enhance the efforts of governments, citizens and regulated entities in ensuring compliance and enforcement.
£105.00
John Wiley & Sons Inc Environmental Analysis Laboratory Handbook
Book SynopsisTable of ContentsPreface xxi Acknowledgement xxiii Table of Abbreviations xxv Table of Symbols xxvii List of Figures xxix List of Tables xxxiii List of Chemicals and Respective Molecular Weight xxxv 1 Air, Water and Soil: An Environmental Perspective 1 1.1 Introduction 1 1.2 Air 2 1.2.1 Composition of Air 2 1.2.2 Air Pollution 3 1.2.3 Air Pollutants 3 1.2.4 Adverse Effect of Contaminants 5 1.3 Water 6 1.3.1 Properties of Water Molecule 6 1.3.2 Global Significance of Water 8 1.3.3 Environmental Monitoring 9 1.3.4 Water Quality Assessment in Recycling 10 1.3.5 Wastewater Treatment Plant 10 1.3.6 Working of Sewage Treatment Plant 11 1.4 Soil 12 1.4.1 Importance of Soil 13 1.4.2 Types of Soil 13 1.4.3 Soil Pollution 14 1.4.4 Types of Soil Pollution 14 1.4.5 Anthropogenic Activities 15 1.4.6 Health Effects 16 1.4.7 Ecosystem Effects 16 1.4.8 Methods to Reduce Soil Pollution 17 References 18 2 Determination of Physical Properties of Environmental Samples 21 2.1 Introduction 21 2.2 Determination of Specific Gravity or Density in the Given Water Sample 22 2.2.1 Principle 22 2.2.2 Material Required 25 2.2.3 Procedure for Specific Gravity Measurements Using Pycnometer/Volumetric Flask 26 2.2.4 Observation Table 26 2.2.4.1 Measurement of Specific Gravity of Water Sample 26 2.2.4.2 Readings of Pycnometer 26 2.2.5 Calculations 27 2.2.6 Results 27 2.2.7 Notes 27 2.3 Determination of Turbidity of Given Water Sample 28 2.3.1 Principle 28 2.3.2 Nephelometric Method 28 2.3.3 Material Required 29 2.3.4 Procedure 30 2.3.5 Standard Curve 30 2.3.6 Calculation 31 2.3.7 Note 31 2.4 Determination of Total Suspended Solids 31 2.4.1 Principle 31 2.4.2 Material Required 32 2.4.3 Procedure 32 2.4.4 Observation 33 2.4.5 Observation Table 33 2.4.6 Calculation 34 2.4.7 Results 34 2.4.8 Notes 34 2.5 Determination of Total Dissolved Solids 34 2.5.1 Principle 34 2.5.2 Material Required 35 2.5.3 Procedure 36 2.5.4 Observations Table 36 2.5.5 Calculation 36 2.5.6 Result 36 2.5.7 Notes 37 2.6 Determination of the Moisture Content of Soil 37 2.6.1 Principle 37 2.6.2 Material Required 37 2.6.3 Procedure 38 2.6.4 Observation 38 2.6.5 Calculations 38 2.6.6 Result 38 2.7 Determination of pH Using Universal Indicator 39 2.7.1 Principle 39 2.7.2 pH of Natural Water Bodies 40 2.7.3 Effects of pH Variation on Aquatic Life 40 2.7.4 Universal Indicator 40 2.7.5 Dyes 40 2.7.5.1 Methyl Orange 40 2.7.5.2 Methyl Red 41 2.7.5.3 Bromothymol Blue 41 2.7.5.4 Phenolphthalein 42 2.7.6 Material Required 43 2.7.7 Reagents Preparations 43 2.7.8 Procedure 43 2.7.9 Observations 43 2.7.10 Results 44 2.7.11 Notes 44 2.8 pH Determination by Using pH Meter 45 2.8.1 Principle 45 2.8.2 Material Required 47 2.8.3 Reagent Preparation 47 2.8.4 Procedures 48 2.8.5 Result 48 2.8.6 Notes 48 2.9 pH Determination of Soil 48 2.9.1 Principle 48 2.9.2 Materials Required 49 2.9.3 Procedure 49 2.9.4 Observation 50 2.9.5 Results 50 2.10 Determination of pH of Soil by Using pH Meter 50 2.10.1 Principle 50 2.10.2 Material Required 50 2.10.3 Procedure 50 2.10.4 Result 51 2.11 Determination of pH of Soil by Using Universal Indicator 51 2.11.1 Principle 51 2.11.2 Reagent Preparation 51 2.11.3 Procedure 52 2.11.4 Observation Table 52 2.12 Determination of Conductivity of Water 53 2.12.1 Principle 53 2.12.2 Calibration of the Instrument 54 2.12.3 Reagent Preparation 54 2.12.4 Steps to be Followed for Calibration 54 2.12.5 Notes 55 References 55 3 Analysis of Organic Matter in Environmental Samples 61 3.1 Introduction 61 3.2 Determination of the Organic Content in Soil 62 3.2.1 Principle 62 3.2.2 Material Required 63 3.2.3 Reagent Preparation 63 3.2.4 Procedure 63 3.2.5 Observation Table 64 3.2.6 Calculations 64 3.2.7 Notes 65 3.3 Determination of Cation Exchange Capacity (CEC) of Soil 65 3.3.1 Principle 65 3.3.2 Importance of CEC 66 3.3.3 Material Required 66 3.3.4 Reagent Preparation 66 3.3.5 Procedure 66 3.3.6 Calculations 67 3.3.7 Note 67 3.4 Rapid Method for the Determination of Cation Exchange Capacity (CEC) of Soil 68 3.4.1 Material Required 68 3.4.2 Reagent Preparation 68 3.4.3 Procedure 68 3.4.4 Calculations 69 3.4.5 Notes 69 3.5 Determination of Biological Oxygen Demand (BOD) by Winkler’s Method 69 3.5.1 Principle 69 3.5.2 Material Required 71 3.5.3 Reagents Preparation 71 3.5.4 Procedure 71 3.5.5 Observation Table 72 3.5.5.1 Dissolved Oxygen Initial or DO 0 72 3.5.5.2 Dissolved Oxygen After 5 Days or DO 5 72 3.5.6 Calculation 73 3.5.7 Result 73 3.5.8 Notes 73 3.6 Determination of Biological Oxygen Demand by Dilution/Seeding Method 74 3.6.1 Material Required 74 3.6.2 Reagent Preparation 75 3.6.3 Sample Preparation 76 3.6.4 Procedure 76 3.6.5 Observations 77 3.6.6 Observations Table 78 3.6.6.1 Dissolved Oxygen Initial or DO 0 78 3.6.6.2 Dissolved Oxygen After 5 Days or DO 5 78 3.6.7 Calculations 78 3.6.8 Result 79 3.6.9 Note 79 3.7 Determination of Chemical Oxygen Demand by Potassium Permanganate Method 79 3.7.1 Principle 79 3.7.2 Material Required 80 3.7.3 Reagent Preparation 80 3.7.4 Procedure 81 3.7.5 Observation Table 81 3.7.6 Calculations 81 3.7.7 Result 82 3.7.8 Notes 82 3.8 Determination of Chemical Oxygen Demand for Sewage Waste (Samples that do not contain Chloride, Nitrate, Aliphatic and Aromatic Compounds) 82 3.8.1 Principle 82 3.8.2 Material Required 82 3.8.3 Reagent Preparation 82 3.8.4 Procedure 83 3.8.5 Observation Table 83 3.8.6 Calculations 83 3.8.7 Result 84 3.8.8 Notes 84 3.9 Determination of Chemical Oxygen Demand for Toxic Organic Waste Sample That Contains Chloride, Nitrate, Aliphatic and Aromatic Compounds 84 3.9.1 Principle 84 3.9.2 Material Required 84 3.9.3 Procedure 85 3.9.4 Observation 85 3.9.5 Observations Table 86 3.9.6 Calculations 86 3.9.7 Result 86 3.9.8 Note 86 References 86 4 Spectrophotometric and Titrimetric Methods for Determination of Anions 91 4.1 Introduction 91 4.2 Determination of Sulphate Content for the Given Water Samples 92 4.2.1 Principle 92 4.2.2 Acid Rain 93 4.2.3 Problems Caused by Sulphur 93 4.2.4 Spectrophotometric Method 93 4.2.5 Material Required 94 4.2.6 Reagent Preparation 94 4.2.7 Procedure 95 4.2.8 Observation Table 95 4.2.9 Results 96 4.2.10 Notes 96 4.3 Determination of Phosphate Content in Environmental Samples 96 4.3.1 Importance of Phosphate 96 4.3.2 Eutrophication 97 4.3.3 Principle 98 4.3.4 Material Required 98 4.3.5 Reagent Preparation 98 4.3.6 Procedure 99 4.3.7 Procedure Estimation of Phosphate in Soil 99 4.3.8 Observation Table 99 4.3.9 Note 100 4.4 Estimation of Nitrite and Nitrate in Water by Spectrophotometric Method 100 4.4.1 Principle 100 4.4.2 Materials Required 102 4.4.3 Reagent Preparation 102 4.4.4 Procedure 102 4.4.5 Estimation Nitrite and Nitrate in Soil Sample 103 4.4.6 Calculations 103 4.4.7 Observation Table 104 4.4.8 Notes 105 4.5 Determination of Chloride Content in Water by Mohr’s Method 105 4.5.1 Principle 105 4.5.2 Mohr’s Method 106 4.5.3 Importance 106 4.5.4 Material Required 106 4.5.5 Procedure 107 4.5.6 Observation Table 107 4.5.7 Calculation 107 4.5.8 Result 108 4.6 Determination of Chloride Content in Water by Volhard’s Method 108 4.6.1 Principle 108 4.6.2 Material Required 109 4.6.3 Reagent Preparation 109 4.6.4 Procedure 109 4.6.5 Observation Table 109 4.6.6 Calculation 109 4.6.7 Result 110 4.6.8 Note 110 4.7 Determination of Fluoride Content in Water 110 4.7.1 Principle 110 4.7.2 Material Required 112 4.7.3 Reagent Preparation 112 4.7.4 Procedure 112 4.7.5 For Resorcin Blue Method: Preparation of Fluoride Working Standards 113 4.7.6 Note 113 4.8 Determination of Fluoride Content in Water Using Azurol B and Malachite Green 114 4.8.1 Principle 114 4.8.2 Material Required 114 4.8.3 Reagent Preparation 115 4.8.4 Procedure 115 4.8.5 For Malachite Green Method, Preparation of Fluoride Working Standards 116 4.8.6 For Azurol B Method, Preparation of Fluoride Working Standards 117 4.9 Determination of Cyanide (Cyanide Anion) by Spectrophotometric Method 117 4.9.1 Principle 117 4.9.2 Cyanide Toxicity 118 4.9.3 Material Required 119 4.9.4 Reagent Preparations 119 4.9.5 Procedure 120 4.9.6 Calculation 120 4.9.7 Single Reagent Method 120 4.9.8 Observation Table 121 4.9.9 Notes 121 References 122 5 Determination of Air Pollutants Using Titrimetric and Spectrophotometric Methods 129 5.1 Introduction 129 5.2 Determination of Particulate Matter in Air 131 5.2.1 Principle 131 5.2.2 Material Required 132 5.2.3 Procedure 132 5.2.4 Calculations 133 5.2.5 Result 133 5.3 Determination of Sulphur Dioxide (SO2) in Air 133 5.3.1 Principle 133 5.3.2 Material Required 134 5.3.3 Reagent Preparation 134 5.3.4 Procedure 135 5.3.5 Calibration Curve 135 5.3.6 Calculation 136 5.3.7 Notes 136 5.4 Determination of Nitrogen Dioxide (NO2) in Air 137 5.4.1 Principle 137 5.4.2 Material Required 138 5.4.3 Reagent Preparation 138 5.4.4 Procedure 138 5.4.5 For Estimation of NO2 in Air 138 5.4.6 Calculation 139 5.4.7 Results 139 5.5 Determination of Ozone Content in Air 139 5.5.1 Principle 139 5.5.2 Material Required 141 5.5.3 Reagent Preparation 141 5.5.4 Procedure 141 5.5.5 Calculations 142 5.5.6 Notes 142 5.6 Determination of Carbon Dioxide (CO2) in Atmosphere 142 5.6.1 Principle 142 5.6.2 Material Required 144 5.6.3 Protocol 144 5.6.4 Calculation 144 5.6.5 Note 145 5.7 Determination of Air Quality Using Chlorophyll as Biomarker 145 5.7.1 Principle 145 5.7.2 Material Required 145 5.7.3 Procedure 146 5.7.4 Calculations 147 5.7.5 Result 147 References 147 6 Spectrophotometric Methods for Determination of Heavy Metals 151 6.1 Introduction 151 6.2 Arsenic Determination by Using Variamine Blue 153 6.2.1 Toxicity of Arsenic 153 6.2.2 Principle 155 6.2.3 Material Required 155 6.2.4 Procedure 155 6.2.5 Determination of Arsenic in Soil 156 6.2.6 Standard Preparation 157 6.2.7 Notes 159 6.3 Arsenic Determination by Using Rhodamine-B 159 6.3.1 Principle 159 6.3.2 Material Required 160 6.3.3 Procedure 160 6.3.4 Standard Preparation 161 6.3.5 Notes 161 6.4 Chromium (VI) Determination by Using 1,5-diphenylcarbazide 162 6.4.1 Mechanism of Chromium Toxicity 162 6.4.2 Principle 162 6.4.3 Material Required 162 6.4.4 Reagent Preparation 163 6.4.5 Procedure 163 6.4.6 Standard Preparation 163 6.4.7 Notes 164 6.5 Lead (II) Determination by 2,5-dimercapto-1,3,4-thiadiazole (DMTD) 164 6.5.1 Application of Lead 164 6.5.2 Lead Toxicity 165 6.5.3 Principle 165 6.5.4 Material Required 165 6.5.5 Reagent Preparation 165 6.5.6 Procedure 166 6.5.7 Standard Preparation 166 6.5.8 Notes 167 6.6 Lead (II) Determination by using 5-Bromo-2-hydroxy-3-methoxybenzaldehyde-p-hydroxybenzoic hydrazine (BHMBHBH) 167 6.6.1 Principle 167 6.6.2 Material Required 168 6.6.3 Reagent Preparation 168 6.6.4 Procedure 168 6.6.5 Standard Preparation 169 6.6.6 Notes 169 6.7 Mercury (II) Determination by using 2-Acetylpyridine Thiosemicarbazone (APT) 170 6.7.1 Mercury Toxicity 170 6.7.2 Mechanism of Toxicity 170 6.7.3 Material Required 171 6.7.4 Reagent Preparation 172 6.7.5 Sample Preparation 172 6.7.6 Procedure 172 6.7.7 Estimation of Mercury in Soil 173 6.7.8 Standard Preparation 173 6.7.9 Notes 174 6.8 Mercury (II) Determination by Using Diphenyl Thiocarbazone 174 6.8.1 Principle 174 6.8.2 Material Required 174 6.8.3 Reagent Preparation 175 6.8.4 Sample Preparation 175 6.8.5 Procedure 175 6.8.6 Determination of Mercury in Soil 175 6.8.7 Standard Preparation 176 6.8.8 Notes 177 6.9 Nickel (II) Determination by Using (E)-N1-(2-hydroxy-5-nitrobenzylidene) Isonicotinoyl Hydrazone (HNBISNH) and 2-(4-fluoro benzylideneamino) Benzene Thiol (FBBT) 177 6.9.1 Principle 177 6.9.2 Importance of Nickel 177 6.9.3 Material Required 178 6.9.4 Reagent Preparation 178 6.9.5 Procedure 179 6.9.6 Determination of Nickel in Soil 180 6.9.7 Standard Preparation 180 6.9.8 Notes 180 6.10 Cadmium Determination by Using 1, 2-Dihydroxy Anthraquinone-3-Sulphonic Acid, Sodium Salt (Alizarin red S) 181 6.10.1 Principle and Importance 181 6.10.2 Material Required 182 6.10.3 Reagent Preparation 182 6.10.4 Procedure 183 6.10.5 Determination of Cadmium in Soil 183 6.10.6 Calibration Curve in the Range of 1 μg/ml to 40 μg/ml 184 6.10.7 Notes 184 6.11 Cadmium Determination by Using 5,7–Dibromo-8-Hydroxyquinoline (DBHQ) 185 6.11.1 Principle 185 6.11.2 Material Required 185 6.11.3 Reagent Preparation 186 6.11.4 Procedure 186 6.11.5 Determination of Cadmium in Soil 186 6.11.6 Standard Preparation 187 6.11.7 Notes 188 6.12 Copper Determination by Using Thio Mishler’s Ketone (TMK) 188 6.12.1 Principle 188 6.12.2 Material Required 189 6.12.3 Reagent Preparation 189 6.12.4 Procedure 190 6.12.5 Standard Preparation 191 6.12.6 Notes 192 6.13 Selenium Determination by Using Azure B and Thionin 192 6.13.1 Importance of Selenium 192 6.13.2 Toxicity of Selenium 192 6.13.3 Principle 193 6.13.4 Material Required 193 6.13.5 Reagent Preparation 194 6.13.6 Sample Preparation 194 6.13.7 Procedure 194 6.13.8 Estimation of Selenium in Soil 195 6.13.9 Standard Preparation for Azure B Method 195 6.13.10 Standard Preparation for Thionin B Method 196 6.13.11 Notes 196 6.14 Zinc Determination by Using 5, 7–Dibromo-8-ydroxyquinoline (DBHQ) 197 6.14.1 Importance of Zinc 197 6.14.2 Zinc Toxicity 197 6.14.3 Principle 197 6.14.4 Material Required 198 6.14.5 Reagent Preparation 198 6.14.6 Sample Preparation 198 6.14.7 Procedure 199 6.14.8 Standard Preparation 199 6.14.9 Notes 200 6.15 Iron Determination 200 6.15.1 Principle 200 6.15.2 Reagent Preparation 201 6.15.3 Procedure 202 6.15.4 Estimation of Iron in Water 202 6.15.5 Standard Preparation 203 6.15.6 Notes 204 References 204 7 Determination of Carbonates in Environmental Samples 213 7.1 Introduction 213 7.2 Determination of the Calcium Carbonate (CaCO3) Content of Soil 214 7.2.1 Principle 214 7.2.2 Material Required 214 7.2.3 Reagent Preparation 214 7.2.4 Procedure 215 7.2.5 Observation Table 215 7.2.6 Calculations 216 7.2.7 Result 216 7.2.8 Notes 216 7.3 Determination of the Hardness of Water 216 7.3.1 Principle 216 7.3.2 Some Strategies to “Soften” Hard Water 217 7.3.3 Materials Required 219 7.3.4 Reagent Preparation 219 7.3.5 Procedure 220 7.3.6 Observation Table 220 7.3.7 Calculation 221 7.3.8 Result 221 7.4 Determination of Acidity and Total Acidity of Effluent Sample by Titrimetric Method 221 7.4.1 Principle 221 7.4.2 Material Required 222 7.4.3 Reagent Preparation 222 7.4.4 Procedure 222 7.4.5 Observation Table 223 7.4.6 Calculation 223 7.4.7 Result 224 7.5 Determination of Alkalinity and Total Alkalinity of Effluent Sample by Titrimetric Method 224 7.5.1 Principle 224 7.5.2 Material Required 224 7.5.3 Reagent Preparation 224 7.5.4 Procedure 225 7.5.5 Observation Table 225 7.5.6 Calculation 226 7.5.7 Result 226 References 226 8 Microbial Examination of Potable Water 229 8.1 Introduction 229 8.2 Microbial Estimation in Water by Filter Disc Method 232 8.2.1 Principle 232 8.2.2 Material Required 232 8.2.3 Reagent Preparation 232 8.2.4 Procedure 232 8.2.5 Result 233 8.2.6 Notes 233 8.3 Microbial Examination by Gram Staining 233 8.3.1 Principle 233 8.3.2 Material Required 234 8.3.3 Procedure 234 8.3.4 Result 235 8.3.5 Note 235 8.4 MPN (Most Probable Number) Method for Assessment of Water Quality 235 8.4.1 Principle 235 8.4.2 Presumptive Test 236 8.4.2.1 Media Preparation (For Testing Single Water Sample) 236 8.4.2.2 Procedure 237 8.4.2.3 Alternative Media (For Testing Single Water Sample) 237 8.4.2.4 Procedure 238 8.4.2.5 Observation Table for Presumptive Test 240 8.4.2.6 Results 245 8.4.2.7 Note 245 8.4.3 Confirmed Test 245 8.4.3.1 Media Preparation for Confirmed Test 245 8.4.3.2 Procedure 245 8.4.3.3 Result 246 8.4.4 Completed Test 246 8.4.4.1 Media Preparation for Completed Test 246 8.4.4.2 Procedure 246 8.4.4.3 Results 247 References 247 Appendix I 251 Appendix II 253 Appendix III 255 Index 257
£161.06
Bristol University Press Legal Perspectives on Sustainability
Book SynopsisThis important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.Trade Review“Sustainability, though ubiquitous in modern discourse, remains contested in theory and praxis. This collection offers insightful coverage of challenges in operationalising sustainability in principle and in key areas of law.” * Karen Morrow, Swansea University *Table of ContentsIntroduction PART 1: SUSTAINABILITY THROUGH HISTORY Sustainability and Law: An historical and theoretical overview ~ Margherita Pieraccini and Tonia Novitz Agenda 2030 and the Sustainable Development Goals: ‘responsive, inclusive, participatory and representative decision-making’? ~ Tonia Novitz and Margherita Pieraccini PART 2: CORPORATE GOVERNANCE Accounting for Climate Change: Rethinking the chaotic corporate reporting landscape and its purpose with the UK’s failure as a case study ~ Charlotte Villiers and Georgina Tsagas Sustainable Corporate Governance: trimming or sowing? ~ Nina Boeger PART 3: TRADE The International Trade Regime and SDG 2: Reforming Agricultural Markets for Food Security ~ Clair Gammage Social Sustainability, Labour and Trade: Forging Connections ~ Tonia Novitz PART 4: PLACES Land Ownership, Use and Sustainability in a Pluriverse ~ Chris Willmore Sustainability and marine conservation law ~ Margherita Pieraccini
£75.99
Edward Elgar Publishing Ltd Conservation, Biodiversity and International Law
Book Synopsis'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' - Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life - our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' - David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP)This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy - providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.Trade ReviewA major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale. --Francesco Bandarin, UNESCO Assistant Director-General for CultureThis book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time. --Malgosia Fitzmaurice, Queen Mary, University of London, UKThe book is an important contribution to environmental literature and specifically to environmental law internationally. International lawyers, both practitioners and academic lawyers alike - as well as policymakers - will welcome this thorough, scholarly and readable monograph as a must-have addition to their libraries. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: 1. Introduction 2. Species and Areas 3. Extinct and Endangered 4. Classifications 5. Tangible Benefits 6. Intangible Considerations 7. Habitat 8. Trade 9. Exceptions for Indigenous Peoples, Science and the Military 10. Aliens, Disease, Pests, and Genetically Modified Species 11. Incidental Capture 12. Development 13. Overlaps and Gaps 14. Compliance 15. Compliance on the High Seas 16. Management 17. Access and Benefit Sharing 18. Local Peoples, Education and Finance 19. Conclusion Index
£51.25
Edward Elgar Publishing Ltd Research Handbook on International Energy Law
Book SynopsisInternational energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy.This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means.Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hobér, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. YafimavaTrade Review‘The book's diverse topics, and impressive array of authors will make it a useful resource to a wide array of energy lawyers. The world's energy, environmental, and economic goals present a monumental hill to climb; the Research Handbook on lntemational Energy Law should be welcomed for beginning to illuminate the path.’ -- James W.Coleman, International Energy Law ReviewTable of ContentsContents: PART I: INTRODUCTION 1. Internationalisation of Energy Law Kim Talus 2. Institutional Actors in International Energy Law Sijbren de Jong and Jan Wouters 3. Interface Between National and International Energy Law Stephan W. Schill PART II: INTERNATIONAL ENERGY INVESTMENTS 4. Multilateral and Bilateral Energy Investment Treaties: Do We Need a Global Solution? Energy Charter Treaty as Objective Result of Evolution of the International Energy Markets and Instruments of Investment Protection and Stimulation Andrey A. Konoplyanik 5. In Search of Investment Stability Peter Cameron 6. World Petroleum Regimes Mohd Naseem and Saman Naseem 7. Energy and International Boundaries Tim Martin PART III: INTERNATIONAL DISPUTE SETTLEMENT AND ENERGY 8. International Arbitration and Energy: How Energy Disputes Shaped International Dispute Resolution Aníbal Sabater and Mark Stadnyk 9. Recent Trends in Energy Disputes Kaj Hobér 10. The Role of the Court of Justice of European Union in the Energy Market Liberalization Sirja-Leena Penttinen PART IV: INTERNATIONAL TRADE IN ENERGY 11. The WTO Agreements and Energy Yulia Selivanova 12. The International Legal Instruments for Cross-border Pipelines Ishrak Ahmed Siddiky 13. Contractual Issues in International Gas Trade: LNG – the Key to the Golden Age of Gas Peter Roberts and Ruchdi Maalouf PART V: INTERNATIONAL POVERTY, HUMAN RIGHTS AND ENERGY 14. Policy, Law, and the Actualization of the Right of Access to Energy Services Yinka Omorogbe 15. Renewable Energy for Food and Water Security Projects in Dry-Land Countries: Towards a Model Legal Framework for the Qatar National Food Security Programme Rudiger P. Tscherning PART VI: ENERGY AND SUSTAINABILITY 16. Promotion of Renewable Electricity: Free Trade and Domestic Industrial Development Anton Ming-Zhi Gao 17. EU Energy Efficiency Regulation and Governance: Lessons for the US? Lynne Holt and Mary Galligan PART VII: CONTEMPORARY ISSUES IN INTERNATIONAL ENERGY LAW 18. Corruption and the Energy Sector: Inevitable Bedfellows? Lucinda A. Low and Richard J. Battaglia 19. Transparency and International Energy Tonje Pareli Gormley 20. The Regulation of Oil Spills from Offshore Installations Alex Wawryk 21. Transit: The EU Energy Acquis and the Energy Charter Treaty Katja Yafimava 22. International Energy Law, Institutions and Geopolitics Andrei V. Belyi Index
£218.00
Edward Elgar Publishing Ltd Poverty Alleviation and Environmental Law
Book Synopsis'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.'- Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. SmithTrade ReviewThe complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation. - Anna Grear, University of Waikato, New Zealand The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms. - --Koh Kheng-Lian, National University of SingaporeTable of ContentsContents: 1. Introduction PART I: LINKAGES BETWEEN HUMAN RIGHTS, THE ENVIRONMENT AND POVERTY 2. Using Law and Equity for the Poor and the Environment Dinah Shelton 3. The Right of Access to Water in South Africa Michael Kidd PART II: ENVIRONMENTAL DEGRADATION AND POVERTY: WHAT IS AT STAKE FOR ABORIGINAL PEOPLES? 4. Climate Change Impacts on the Poor – a Case-study of Australia’s Indigenous Population and the Impact of Australia’s Response on this Population Karen Bubna-Litic 5. The Quest for Environmental Justice on a Canadian Aboriginal Reserve Sidra Sabzwari and Dayna Nadine Scott 6. Whaling and Dealing: Aboriginal Subsistence Whaling, Politics and Poverty Ed Couzens PART III: THE NEED FOR PUBLIC PARTICIPATION IN ENVIRONMENTAL ISSUES TO COMBAT POVERTY 7. The Role of Public Engagement in Achieving Environmental Justice LeRoy C. (Lee) Paddock 8. The Right of Access to Information as a Tool for Environmental Protection and Poverty Eradication in Mexico Carla D. Aceves-Ávila PART IV: STATES’ APPROACHES TO ADDRESS ENVIRONMENTAL DEGRADATION AND POVERTY 9. Embedding Social Justice in the Design of Environmental Regulation Paul Martin 10. Planning and Environment in Mexico City’s Metropolitan Zone: Trying to Defeat Poverty Miriam Alfie Cohen and Oscar Flores Jáuregui PART V: THE ROLE OF ENVIRONMENTAL COURTS IN THE FIGHT AGAINST POVERTY AND ENVIRONMENTAL DEGRADATION 11. The ‘Greening’ of Justice: Will it Help the Poor? George W. (Rock) Pring and Catherine G. (Kitty) Pring 12. The Resolution of Urban Housing Development Disputes as a Mechanism for Poverty Alleviation: A Case Study of Kenya’s National Environment Tribunal Albert Mumma PART VI: GLOBAL CHALLENGES: INTERNATIONAL MECHANISMS TO ADDRESS POVERTY AND ENVIRONMENTAL DEGRADATION 13. Linking Climate Change Mitigation and Poverty Reduction: Continued Reform of the Clean Development Mechanism in the Post-Kyoto Era to Promote Sustainable Energy Development on the African Continent Daniel Behn 14. Poverty and the Loss of Cultural Heritage Sites Stefan Gruber 15. Chartering Sustainable Transnational Corporations Susan Lea Smith Index
£121.00
Edward Elgar Publishing Ltd Research Handbook on Biodiversity and Law
Book SynopsisThe crucial importance of biodiversity law to future human welfare is only now being fully appreciated. This wide-ranging handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the vital subject of biodiversity and its interaction with law.Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. More specifically, the work addresses the regulatory challenges posed by the principal contemporary threats to biological diversity, the applicable general principles of international environmental law and the visions, values and voices that are shaping the development of the law. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions.This comprehensive and authoritative handbook will be an indispensable resource for legal scholars, students and practitioners alike. Contributors include: K. Bastmeijer, M. Bowman, R. Caddell, E. Cloatre, P. Davies, M. Fitzmaurice, M. Fosci, D. French, E.J. Goodwin, K. Hulme, E.A. Kirk, V. Koester, N. Mohammed, R. Rayfuse, K.N. Scott, A. Trouwborst, T. WestTrade ReviewThis is a remarkable book. It comprises the best scholars in the field covering all of the essential elements needed to understand and respond to the foremost conservation challenges of the 21st century. It is contemporary, insightful and challenging. In my opinion, this work is essential for any scholar, practitioner or student who works in this area. --Alexander Gillespie, University of Waikato, New ZealandTable of ContentsContents: Preface PART I VISIONS, VALUES AND VOICES 1. Law, Legal Scholarship and the Conservation of Biological Diversity: 2020 Vision and Beyond Michael Bowman 2. In Whose Interest? Instrumental and Intrinsic Value in Biodiversity Law Mattia Fosci and Tom West 3. Participatory Resource Management: A Caribbean Case Study Nicole Mohammed 4. The Role of Non-State Actors in Treaty Regimes for the Protection of Marine Biodiversity Elizabeth A. Kirk PART II SIGNIFICANT THREATS TO BIODIVERSITY 5. Climate Change, Marine Biodiversity and International Law Rosemary Rayfuse 6. Broad Spectrum Efforts to Enhance the Conservation of Vulnerable Marine Ecosystems Edward J. Goodwin 7. Alien Invasive Species – is the EU’s Strategy Fit for Purpose? Peter Davies 8. Countering Fragmentation of Habitats under International Wildlife Regimes Arie Trouwborst 9. Armed Conflict and Biodiversity Karen Hulme PART III GENERAL PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW 10. The Convention on Biological Diversity and the Concept of Sustainable Development: The Extent and Manner of the Convention’s Application of Components of the Concept Veit Koester 11. Whaling and Inter- and Intra-Generational Equity Malgosia Fitzmaurice 12. Common Concern, Common Heritage and other Global(-ising) Concepts: Rhetorical Devices, Legal Principles or a Fundamental Challenge? Duncan French PART IV REGULATORY CHALLENGES AND RESPONSES 13. Biodiversity, Knowledge and the Making of Rights: Reviewing the Debates on Bioprospecting and Ownership Emilie Cloatre 14. Ecological Restoration in International Biodiversity Law: A Promising Strategy to Address Our Failure to Prevent? Kees Bastmeijer 15. Non-Compliance Procedures and the Implementation of Commitments under Wildlife Treaties Karen N. Scott 16. ‘Only Connect’? Regime Interaction and Global Biodiversity Conservation Richard Caddell Index
£218.00
Edward Elgar Publishing Ltd International Law and Freshwater: The Multiple
Book SynopsisThis excellent book covers the important legal and political perspectives on the world's freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.'- Catherine Brölmann, University of Amsterdam, The Netherlands'In sum, the volume is a must for all those who know and practice international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.'- Stefano Burchi, Chairman of the International Association for Water Law - AIDA'International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.'- Richard Kyle Paisley, University of British Columbia, CanadaThe issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance.International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in 'virtual water' and the impacts of 'land grabs'.Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.Contributors: A.S. Al-Khasawneh, U. Alam, L. Boisson de Chazournes, L. Caflisch, M. Claassen, C. de Albuquerque, G. de los Cobos, L. del Castillo-Laborde, D. Garrick, J. Granit, D. Grey, E. Hey, V. Hughes, M. Kohen, C. Leb, G. Marceau, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, S.M.A. Salman, D. Shelton, A. Tanzi, M. Tignino, B.A. YimerTrade ReviewFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, Ethiopia's large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens. --Edith Brown Weiss, Georgetown University, USTable of ContentsContents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino 2. The Law of International Watercourses: Achievements and Challenges Lucius Caflisch PART I: WATER AS A VITAL RESOURCE FOR STATES AND INDIVIDUALS 3. Water Security, Perceptions and Politics: The Context for International Watercourse Negotiations David Grey and Dustin Garrick 4. Water and Sanitation are Human Rights: Why Does it Matter? Catarina de Albuquerque 5. Water Rights of Indigenous Peoples and Local Communities Dinah Shelton 6. Do People Have Rights in Boundaries’ Delimitations? Marcelo Kohen and Mara Tignino PART II: THE PROMOTION OF WATER COOPERATION THROUGH UNIVERSAL, REGIONAL AND LOCAL REGIMES 7. The Codification of Universal Norms: A Means to Promote Cooperation and Equity? Stephen C. McCaffrey 8. A Scalable Approach Towards Realizing Tangible Benefits in Transboundary River Basins and Regions Jakob Granit and Marius Claassen 9. Regional Contributions to International Water Cooperation: The UNECE Contribution Attila Tanzi 10. Transboundary Water Resources and International Law: The Example of the Aquifer Management of the Geneva Region (Switzerland and France) Gabriel de los Cobos 11. The Guaraní Aquifer Framework Agreement (2010) Lilian del Castillo-Laborde 12. The Senegal River Legal Regime and its Contribution to the Development of the Law of International Watercourses in Africa Makane Moïse Mbengue PART III: WATER AS A SHARED NATURAL RESOURCE 13. The Contribution of Procedural Rules to the Environmental Protection of Transboundary Rivers in Light of Recent ICJ Case Law Owen McIntyre 14. WTO and Trade in Natural Resources Valerie Hughes and Gabrielle Marceau 15. Virtual Water, ‘Land Grab’ and International Law Ellen Hey 16. Competing Water Use in Large-scale Commercial Farms: Ethiopia Bahakal Abate Yimer PART IV: PREVENTION AND SETTLEMENT OF WATER-RELATED DISPUTES 17. Do Judicial Decisions Settle Water-related Disputes? Awn S. Al-Khasawneh 18. Mediation of International Water Disputes – The Indus, the Jordan, and the Nile Basins Interventions Salman M.A. Salman 19. India and Pakistan’s Truculent Cooperation: Can it Continue? Undala Alam 20. State Succession to Water Treaties: Uncertain Streams Christina Leb and Mara Tignino Index
£999.99
Edward Elgar Publishing Ltd Making Fishery Agreements Work: Post-Agreement
Book SynopsisWhy do people obey the law? And why do states abide by their international commitments? These are among the questions raised in this important book. The setting is the Barents Sea, home to some of the most productive fishing grounds on the planet, including the world's largest cod stock. Norway and Russia manage these fish resources together, in what appears to be a successful exception to the rule of failed fisheries management: stocks are in good shape, institutional cooperation is expanding and takes place in a constructive atmosphere. The author argues that post-agreement bargaining helps activate norms and establish standard operating procedure that furthers precautionary fisheries management. The Barents Sea fishery is seen as one of the best-managed international fisheries in the world, and the book specifically enquires into the lessons to be learned from the Norwegian-Russian partnership. It will therefore prove to be of invaluable interest to practitioners, scholars and policy makers working in the field of fisheries management and environmental agreements.Trade ReviewEnvironmental governance is not just a matter of laying down clear rules and regulations and then finding ways to enforce them. Developing the idea of ''post-agreement bargaining'' and drawing on his exceptional knowledge of the world-class fisheries of the Barents Sea, Geir Honneland illuminates the ongoing processes of interpretation, mutual accommodation, and adjustment to changing circumstances that play an essential role in making environmental regimes work. --Oran Young, University of California, Santa BarbaraFishing vessels plying the cold waters of the Barents Sea provide the empirical basis for this extraordinary effort to answer the question of what it takes for people and their governments to make and stick to agreements and follow the rules. Based on years of study of arrangements between Norway and the Soviet Union/Russia and interviews with the captains of the fishing ships that seek cod and other species in the far north, Honneland brings findings and theory from many disciplines to the question. In so doing he offers a powerful argument about how post-agreement bargaining at both state and individual levels contributes to compliance and hence sustainable fisheries. --Bonnie McCay, Rutgers UniversityIn Making Fishery Agreements Work, Geir Honneland extends his reputation as a leading scholar on Norwegian/Russian fisheries relationships. His new contribution focuses on the complicated and hard to track post-bargaining processes that can be used to improve compliance over time in situations with large power differentials. Well grounded in compliance theory and common property resource management, Honneland's interviews and personal observations capture the empirical motivations that underlie compliance in joint Barent's Sea fisheries. --David Fluharty, University of WashingtonTable of ContentsContents: 1. Introduction 2. Common-pool Resource Management and Compliance with International Commitments 3. Fisheries Management in the Barents Sea 4. Post-agreement Bargaining at State Level 5. Post-agreement Bargaining at Individual Level 6. Conclusions References Index
£26.95
Edward Elgar Publishing Ltd Governance of Genetic Resources: A Guide to
Book SynopsisGovernance of Genetic Resources maps out a landscape of the international governance of genetic resources. It shows what governance efforts currently exist, what is missing, which areas are problematic, and outlines what the international community should be aiming for in regard to its future development and implementation.The book begins by exploring the historical development of international genetic resources governance and considers why the area has become so significant and complex. It goes on to analyze the current situation and develop recommendations on what governance efforts should be achieving for the future.This timely study will be of interest to students and academics concerned with the management of genetic resources and its connection to issues such as intellectual property rights, biodiversity conservation and food security. It will appeal strongly to academic researchers in the fields of international relations, international law and global governance, environmental science, development studies, and the biosciences. The book will also appeal to policy-makers and practitioners, particularly those working in or with international organizations involved in genetic resources governance and to national decision makers seeking information on the international context for genetic resources management.Contents: 1. Introduction Part I: Resources and Issues for International Governance of Genetic Resources 2. Resources 3. Issues Part II: Current Landscape of Genetic Resources Governance . Actors 5. Rules 6. Emerging Trends and Initiatives 7. Problems and Implications Part III: Improved Governance 8. Improved Governance 9. Conclusion References IndexTrade ReviewThis highly informative volume, organised around a clear structure, will guide newcomers as well as specialists through the labyrinth of what looks like, at first sight, a very technical and complicated issue. While building in details on the case of the genetic resources' institutional complex, already covered by former studies because of its distinctive features, this book provides the reader with updated information and interesting insights for its understanding and management. --Amandine Orsini, Universite Saint-Louis, Brussels, BelgiumThis is a valuable overview of the landscape of genetic resources governance at the international level identifying key resources, issues, rules, actors and processes. The work's key contribution is to identify interactions and connections between the different governance elements and then to systematically consider some of the cross cutting governance issues. This analysis is very clear and a welcome challenge to some of the existing orthodoxy. --Charles Lawson, Griffith Law School, AustraliaTable of ContentsContents: 1. Introduction Part I: Resources and Issues for International Governance of Genetic Resources 2. Resources 3. Issues Part II: Current Landscape of Genetic Resources Governance 4. Actors 5. Rules 6. Emerging Trends and Initiatives 7. Problems and Implications Part III: Improved Governance 8. Improved Governance 9. Conclusion References Index
£999.99
Edward Elgar Publishing Ltd Legal Reasoning in Environmental Law: A Study of
Book SynopsisProfessor Fisher's analysis reveals the rationality, or rather the lack of it, of current environmental decision-making. It also provides the evidence for an environmental grundnorm to guide legal reasoning. Without it, political and legal decision-makers will not be able to achieve ecologically sustainable development. A timely book on a hugely important issue.'- Klaus Bosselmann, University of Auckland, Australia'I am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher's latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that language is the point of commencement of legal reasoning, also in environmental law and governance. Importantly, language and legal argumentation and reasoning will play a determinative role in our efforts to achieve sustainability. The book's detailed account of the different forms of legal argumentation; the methodology of legal decision-making; and the connection between law, language and legal reasoning in international environmental law and governance, is an invaluable resource for scholars of legal hermeneutics, international lawyers generally, and specifically, for environmental lawyers.'BR>- Louis J. Kotzé, North West University, South AfricaLegal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law.The book considers how rules for environmental governance are designed to accommodate the various competing interests within each of the private and public sectors and also between the two sectors. The author then examines how decisions in particular cases reflect the sources of these rules together with their form, structure and language. He exposes the ways in which reliance upon an extensive range of legal reasoning processes are used to justify the particular decision by interpreting and applying these rules to the case in question.Much has been written about legal reasoning and about environmental law but relatively little about the relationship between the two. This book will strongly appeal to legal scholars for its analysis of intellectual processes, and to legal practitioners for its exposition of how decisions are made.Contents: Preface Part I: Reasoning in a Legal Context 1. Law, Language and Reasoning 2. Forms of Legal Argumentation 3. The Methodology of Legal Decision-making Part II: Legal Reasoning in International Environmental Law 4. Rules of Competence and Limitation: Territorial Resources 5. Rules of Limitation: Common Resources 6. Internationally Accepted Rules: The Normative Framework 7. Internationally Accepted Rules: Implementation Measures 8. Judicially Constructed Rules: Biological Resources 9. Judicially Constructed Rules: Common Resources Part III: Legal Reasoning in Applying Environmental Law 10. Rules in the Form of Human Rights 11. Rules in Instrumental Form 12. Rules in the Form of Constitutional Rights 13. Rules in the Form of Environmental Rights 14. The Structure, Form and Language of Statutory Rules 15. Rules Informing Adjudication 16. Strategic Rules Informing Decisions 17. Strategic Rules Regulating Decisions Part IV: Conclusion 18. Legal Reasoning in Environmental Law Bibliography IndexTrade Review‘Professor Fisher’s analysis reveals the rationality, or rather the lack of it, of current environmental decision-making. It also provides the evidence for an environmental grundnorm to guide legal reasoning. Without it, political and legal decision-makers will not be able to achieve ecologically sustainable development. A timely book on a hugely important issue.’ -- Klaus Bosselmann, University of Auckland, New Zealand‘I am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher’s latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that language is the point of commencement of legal reasoning, also in environmental law and governance. Importantly, language and legal argumentation and reasoning will play a determinative role in our efforts to achieve sustainability. The book’s detailed account of the different forms of legal argumentation; the methodology of legal decision-making; and the connection between law, language and legal reasoning in international environmental law and governance, is an invaluable resource for scholars of legal hermeneutics, international lawyers generally, and specifically, for environmental lawyers.’ -- Louis J. Kotzé, North West University, South Africa‘It can be said that Fisher’s new book is a speci?c delight to read because the author has such thorough knowledge of jurisprudence in this case, the theory of legal reasoning and a hands-on approach to environmental law in the most concrete sense of the word. It is a clearly structured, well-balanced, and well thought out presentation that ?lls an important gap in environmental law scholarship.’ -- Niko Soininen, Yearbook of International Environmental LawTable of ContentsContents: Preface Part I: Reasoning in a Legal Context 1. Law, Language and Reasoning 2. Forms of Legal Argumentation 3. The Methodology of Legal Decision-making Part II: Legal Reasoning in International Environmental Law 4. Rules of Competence and Limitation: Territorial Resources 5. Rules of Limitation: Common Resources 6. Internationally Accepted Rules: The Normative Framework 7. Internationally Accepted Rules: Implementation Measures 8. Judicially Constructed Rules: Biological Resources 9. Judicially Constructed Rules: Common Resources Part III: Legal Reasoning in Applying Environmental Law 10. Rules in the Form of Human Rights 11. Rules in Instrumental Form 12. Rules in the Form of Constitutional Rights 13. Rules in the Form of Environmental Rights 14. The Structure, Form and Language of Statutory Rules 15. Rules Informing Adjudication 16. Strategic Rules Informing Decisions 17. Strategic Rules Regulating Decisions Part IV: Conclusion 18. Legal Reasoning in Environmental Law Bibliography Index
£138.00
Edward Elgar Publishing Ltd Emissions Trading Design: A Critical Overview
Book SynopsisEmission trading schemes have become instruments of choice in climate change policy across many jurisdictions, and this has led to massive experimentation across very different contexts. The scale and urgency of the climate change problem and the real-life complexity of emission trading schemes combine to make high quality, detailed studies necessary, important, and sometimes fascinating. This book scores on all these fronts. By putting practical implementations within a sound theoretical framework, it will be of value both for seasoned and not so seasoned scholars and policymakers.'- Javier de Cendra de Larragán, IE Law School, SpainEmissions trading is becoming an increasingly popular policy instrument with growing diversity in design. This book examines emissions trading design, emissions trading implementation problems and how to address them.In an easily accessible way, the book examines advantages and disadvantages of emissions trading and presents policy considerations that designers should not neglect. Stefan Weishaar reviews the main implementation challenges emissions trading faces and assesses how they can be addressed in an effective, efficient and acceptable way. By reviewing existing and emerging emissions trading systems around the world, the book describes why emissions trading systems are used in an environmental policy mix, how an emissions trading system can be designed, what special design issues should be duly considered, and with whom emissions trading systems can be linked.Written from both a legal and an economic perspective, this book will appeal to academic researchers and postgraduate students in environmental law and policy, and those focused on energy and climate change issues. It will also be essential reading for policymakers, managers and consultants working in this field.Contents: 1. Introduction 2. Emission Trading and Alternative Instruments 3. Design Variants of Emissions Trading 4. Real-life Applications of Emissions Trading Systems 5. Implementation Issue 1: Initial Allocation of Emission Rights 6. Implementation Issues 2: Secondary Market for Emissions Rights 7. Implementation Issue 3: Operational Aspects of Emission Rights 8. Implementation Issue 4: Lawsuits Following from Emissions Trading 9. Linking Emissions Trading Schemes 10. Concluding Remarks References IndexTrade Review'Emission trading schemes have become instruments of choice in climate change policy across many jurisdictions, and this has led to massive experimentation across very different contexts. The scale and urgency of the climate change problem and the real-life complexity of emission trading schemes combine to make high quality, detailed studies necessary, important, and sometimes fascinating. This book scores on all these fronts. By putting practical implementations within a sound theoretical framework, it will be of value both for seasoned and not so seasoned scholars and policymakers.' -- Javier de Cendra de Larragán, IE Law School, Spain‘Policy makers in the relevant government bodies will undoubtedly consider this book essential reading, as will environmental lawyers of course, as well as technical consultants advising in this field. With its meticulous footnoting throughout, not to mention the detailed bibliography of over 20 pages, this book certainly emerges as a superb research tool for those seeking to enhance their understanding of this important environmental topic.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘This book addresses a large number of important design variables and reflects deep knowledge of the EU experience. For those reasons alone, it merits a read.’ -- David Driesen, Carbon and Climate Law Review‘I found this book both informative and easy to read. This book would be of interest to academics wishing to gain an understanding of emissions trading policy issues for research or teaching purposes. In addition, academics from science and the environment in general would ?nd it a most useful tool to increasing the policy impacts of their research. I also believe it would be a great book to recommend to the current federal Government in Australia and most likely many others around the globe.’ -- Deborah Cotton, Australian Journal of Agricultural & Resource EconomicsTable of ContentsContents: 1. Introduction 2. Emission Trading and Alternative Instruments 3. Design Variants of Emissions Trading 4. Real-life Applications of Emissions Trading Systems 5. Implementation Issue 1: Initial Allocation of Emission Rights 6. Implementation Issues 2: Secondary Market for Emissions Rights 7. Implementation Issue 3: Operational Aspects of Emission Rights 8. Implementation Issue 4: Lawsuits Following from Emissions Trading 9. Linking Emissions Trading Schemes 10. Concluding Remarks References Index
£100.00
Edward Elgar Publishing Ltd Poverty Alleviation and Environmental Law
Book Synopsis'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.'- Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. SmithTrade ReviewThe complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation. - Anna Grear, University of Waikato, New Zealand The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms. - --Koh Kheng-Lian, National University of SingaporeTable of ContentsContents: 1. Introduction PART I: LINKAGES BETWEEN HUMAN RIGHTS, THE ENVIRONMENT AND POVERTY 2. Using Law and Equity for the Poor and the Environment Dinah Shelton 3. The Right of Access to Water in South Africa Michael Kidd PART II: ENVIRONMENTAL DEGRADATION AND POVERTY: WHAT IS AT STAKE FOR ABORIGINAL PEOPLES? 4. Climate Change Impacts on the Poor – a Case-study of Australia’s Indigenous Population and the Impact of Australia’s Response on this Population Karen Bubna-Litic 5. The Quest for Environmental Justice on a Canadian Aboriginal Reserve Sidra Sabzwari and Dayna Nadine Scott 6. Whaling and Dealing: Aboriginal Subsistence Whaling, Politics and Poverty Ed Couzens PART III: THE NEED FOR PUBLIC PARTICIPATION IN ENVIRONMENTAL ISSUES TO COMBAT POVERTY 7. The Role of Public Engagement in Achieving Environmental Justice LeRoy C. (Lee) Paddock 8. The Right of Access to Information as a Tool for Environmental Protection and Poverty Eradication in Mexico Carla D. Aceves-Ávila PART IV: STATES’ APPROACHES TO ADDRESS ENVIRONMENTAL DEGRADATION AND POVERTY 9. Embedding Social Justice in the Design of Environmental Regulation Paul Martin 10. Planning and Environment in Mexico City’s Metropolitan Zone: Trying to Defeat Poverty Miriam Alfie Cohen and Oscar Flores Jáuregui PART V: THE ROLE OF ENVIRONMENTAL COURTS IN THE FIGHT AGAINST POVERTY AND ENVIRONMENTAL DEGRADATION 11. The ‘Greening’ of Justice: Will it Help the Poor? George W. (Rock) Pring and Catherine G. (Kitty) Pring 12. The Resolution of Urban Housing Development Disputes as a Mechanism for Poverty Alleviation: A Case Study of Kenya’s National Environment Tribunal Albert Mumma PART VI: GLOBAL CHALLENGES: INTERNATIONAL MECHANISMS TO ADDRESS POVERTY AND ENVIRONMENTAL DEGRADATION 13. Linking Climate Change Mitigation and Poverty Reduction: Continued Reform of the Clean Development Mechanism in the Post-Kyoto Era to Promote Sustainable Energy Development on the African Continent Daniel Behn 14. Poverty and the Loss of Cultural Heritage Sites Stefan Gruber 15. Chartering Sustainable Transnational Corporations Susan Lea Smith Index
£40.95
Edward Elgar Publishing Ltd Advanced Introduction to International
Book SynopsisAll too often, international environmental law is presented as a kind of guided tour of different treaties and environmental problems. Professor Hey succeeds beautifully in articulating the themes that connect all of these disparate areas, an effort that both students and scholars will appreciate.'- Daniel Farber, University of California, Berkeley, US'This volume presents a superb overview of international environmental law by a long-time observer. Ellen Hey shares her deep insight into the historical, environmental, technical and policy context of the law, and introduces the reader to regulatory techniques and choices, the main legal tools at actors' disposal, and the key developments in the field. The result is an accessible, yet sophisticated introduction to the evolution of the field, and its expanding modes of action and range of participants.'- Jutta Brunée, University of Toronto, Canada'This is a significant contribution from a leading figure in the field. Of particular note is the effort to embed international environmental law in its broader context, not only through the detailed analysis of its foundational principles or of its deep interactions with other fields of international law but, more generally, through the overarching theme of the Anthropocene. It is to be thoroughly recommended.'- Jorge E. Viñuales, University of Cambridge, UKElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars.This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law.Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic.Key features include:- Concise and compact overview- Discusses contemporary developments- Examines IEL's relationship to other areas of international law- Considers the social-economic context.Trade Review‘All too often, international environmental law is presented as a kind of guided tour of different treaties and environmental problems. Professor Hey succeeds beautifully in articulating the themes that connect all of these disparate areas, an effort that both students and scholars will appreciate.’ -- Daniel Farber, University of California, Berkeley, US‘This volume presents a superb overview of international environmental law by a long-time observer. Ellen Hey shares her deep insight into the historical, environmental, technical and policy context of the law, and introduces the reader to regulatory techniques and choices, the main legal tools at actors' disposal, and the key developments in the field. The result is an accessible, yet sophisticated introduction to the evolution of the field, and its expanding modes of action and range of participants.’ -- Jutta Brunée, University of Toronto, Canada‘This is a significant contribution from a leading figure in the field. Of particular note is the effort to embed international environmental law in its broader context, not only through the detailed analysis of its foundational principles or of its deep interactions with other fields of international law but, more generally, through the overarching theme of the Anthropocene. It is to be thoroughly recommended.’ -- Jorge E. Viñuales, University of Cambridge, UKTable of ContentsContents: 1. Setting the Scene 2. Origins and Development 3. Evolving Insights About What is at Stake 4. Principles 5. Institutional Structures 6. Dispute Settlement and Accountability Mechanisms 7. The Relationship with other Areas of International Law 8. Conclusion: Continuity and Change Index
£98.67
Edward Elgar Publishing Ltd Polar Oceans Governance in an Era of
Book SynopsisForeword by Tony Press and Foreword by Bernie Funston'As climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.'- Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.'- Gillian Triggs, Australian Human Rights CommissionThis timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges.Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene.Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. WrightTrade ReviewAs climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.'--Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.'--Gillian Triggs, Australian Human Rights CommissionTable of ContentsContents: Foreword Tony Press Foreword Bernie Funston Preface Map One. Maritime Jurisdiction and Boundaries in the Arctic Region Map Two. Antarctica and the Southern Ocean 1. Polar Oceans Governance: Shifting Seascapes, Hazy Horizons Tim Stephens and David L. VanderZwaag PART I: ENVIRONMENTAL CHANGE IN THE POLAR OCEANS 2. Environmental Change and Governance Challenges in the Southern Ocean Marcus Haward and Julia Jabour 3. Environmental Change in the Arctic Region Lorne Kriwoken PART II: GEOSTRATEGIC DYNAMICS IN THE POLAR OCEANS 4. Rising Temperatures, Rising Tensions: Power Politics and Regime Building in the Arctic Rob Huebert 5. Power Politics in the Antarctic Treaty System Melissa Weber PART III: RESOURCES, ENVIRONMENT, SOVEREIGNTY AND JURISDICTION – BIPOLAR PERSPECTIVES 6. Is Joint Development Possible in the Arctic? Rizal Abdul Kadir 7. From Hydrocarbons to Psychrophiles: The ‘Scramble’ for Antarctic and Arctic Resources David Leary 8. Polar Continental Shelves: Australian and Canadian Challenges and Opportunities Tim Stephens 9. The IMO’s PSSA Mechanism and the Debate over the Northwest Passage Suzanne Lalonde PART IV: DEVELOPING NATIONAL AND FOREIGN POLICY RESPONSES 10. Inuit Perspectives on the Governance in the Canadian Arctic Shelley Wright 11. Arctic Climate Governance: Can the Canary in the Coal Mine Lift Canada’s Head out of the Sand(s)? Meinhard Doelle 12. Coastal State Jurisdiction and the Polar Code: A Test Case for Arctic Oceans Governance? Rosemary Rayfuse 13. Canada, the United States and International Law of the Sea in the Arctic Ocean Ted L. McDorman 14. Middle Powers and Oceans Policy: Australian Perspectives on Antarctic Competition and Cooperation Donald R. Rothwell PART V: THE FUTURE OF POLAR OCEANS GOVERNANCE 15. The Durability of the ‘Antarctic Model’ and Southern Ocean Governance Ruth Davis 16. The Arctic Council and the Future of Arctic Ocean Governance: Edging Forward in a Sea of Governance Challenges David L. VanderZwaag Index
£126.00
Edward Elgar Publishing Ltd Climate Change and International Trade
Book SynopsisRafael Leal-Arcas expertly examines the interface of climate change mitigation and international trade law with a view to addressing the question: How can we make best use of the international trading system experience to aim at a global climate change agreement?The insightful book contributes to developing the architecture for a post2012 global climate agreement and, in doing so, seeks and proposes new approaches to climate change mitigation by linking it to the international trade system. The author suggests the adoption of a bottom-up approach to climate change negotiations by using the evolution of multilateral trade agreements as a model for reaching a global climate treaty. He discusses the innovative approach of inserting climate goals within regional trade agreements, given their proliferation - especially bilateral - in the international trading system. He explains the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation may potentially clash.Climate Change and International Trade will strongly appeal to undergraduate and graduate students of international and European trade law, international and European environmental law as well as social science academics. NGOs, think tanks, practitioners, researchers, and international organizations will also find plenty of valuable information in this timely resource.Contents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography IndexTrade ReviewA seminal work of impressive scholarship, Climate Change and International Trade>/i> is enhanced with an extensive bibliography, figures and charts, and a comprehensive index, making it an invaluable and highly recommended addition to professional, governmental, and academic library environmental studies and international business reference collections and supplemental reading lists. --The Midwest Book ReviewTable of ContentsContents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography Index
£150.00
Edward Elgar Publishing Ltd Encyclopedia of Global Environmental Governance
Book SynopsisThe Encyclopedia of Global Environmental Governance and Politics surveys the broad range of environmental and sustainability challenges in the emerging Anthropocene and scrutinizes available concepts, methodological tools, theories and approaches, as well as overlaps with adjunct fields of study.This comprehensive reference work, written by some of the most eminent academics in the field, contains 68 entries on numerous aspects across 7 thematic areas, including concepts and definitions; theories and methods; actors; institutions; issue-areas; cross-cutting questions; and overlaps with non-environmental fields. With this broad approach, the volume seeks to provide a pluralistic knowledge base of the research and practice of global environmental governance and politics in times of increased complexity and contestation.Providing its readers with a unique point of reference, as well as stimulus for further research, this Encyclopedia is an indispensable tool for anyone interested in the politics of the environment, particularly students, teachers and researchers.Contributors: K.W. Abbott, C. Adelle, L. Andonova, S. Andresen, W.F. Baber, K. Bäckstrand, R.V. Bartlett, I. Baud, S. Bauer, S. Beck, M. Beisheim, D. Benson, S. Bernstein, K. Biedenkopf, F. Biermann, K. Booth, U. Brand, P.-O. Busch, S. Chan, K. Chelminski, J. Clapp, D. Compagnon, D. Cordell, V. Cornelissen, E. Dellas, S. Dietz, R. Eckersley, R. Floyd, D.J. Frank, V. Galaz, K. Genskow, S. Godin-Beekman, A. Gupta, J. Gupta, R. Haluza-DeLay, A. Hironaka, M. Isailovic, M. Ivanova, A. Jerneck, K. Jönsson, A. Jordan, S. Karlsson-Vinkhuyzen, M. Kok, A. Kronsell, M. Lang, S. Lim, J. Lister, K. Magyera, A. Mert, D. Moran, G. Nagtzaam, T. Nielsen, M. Nilsson, C. Okereke, T. Oliver, L. Olsson, P.H. Pattberg, J. Pinkse, A. Prakash, O. Renn, K. Rosendal, M.A.F. Ros-Tonen, D. Rothe, E. Schofer, B. Siebenhüner, N. Simon, J. Stel, H. Stevenson, O.S. Stokke, K. Szulecki, M.W.Tvedt, A. Underdal, T. Van de Graaf, D. Van Vuuren, P. Vellinga, P. Wapner, E. Weinthal, J. Wettestad, S. White, O. Widerberg, F. ZelliTrade Review'The Encyclopedia of Global Environmental Governance and Politics is an indispensable resource for researchers and students of global environmental governance. With balance and precision, entries by world-leading experts catalogue existing knowledge as well as offer new insights into the concepts, theories, institutions, and actors shaping core debates and issues.' --Peter Dauvergne, University of British Columbia, Canada'The Encyclopedia of Global Environmental Governance and Politics provides a comprehensive starting-point for understanding the complex and contested nature of global environmental governance. Pattberg and Zelli have assembled an impressive array of contributions written by leading scholars in their fields. The superbly edited volume provides an indispensable knowledge base for understanding - and tackling - the environmental challenges of the emerging Anthropocene.' --Robert Falkner, London School of Economics and Political Science, UK and editor, Handbook of Global Climate and Environment Policy'This volume offers a balanced and differentiated perspective and review of the most relevant issues, methodologies, theories and trends in the study of global environmental governance and politics. In 68 key entries leading scholars introduce, explain and discuss systematically the main concepts, the most important findings and the future outlook. An indispensable compendium for scholars, students, practitioners and libraries engaged in environmental politics and governance around the world.' --Arthur P.J. Mol, Wageningen University, the NetherlandsTable of ContentsContents: Preface PART I CONCEPTS AND DEFINITIONS 1. Anthropocene and Planetary Boundaries Victor Galaz 2. Consumerism Jane Lister 3. Earth System Governance Frank Biermann 4. Environment and Nature Paul Wapner 5. Global Environmental Governance Philipp Pattberg and Oscar Widerberg 6. Inclusive Development Joyeeta Gupta, Vincent Cornelissen and Mirjam A.F. Ros-Tonen 7. Liberal Environmentalism and Governance Norms Steven Bernstein 8. Risk Ortwin Renn 9. Sustainable Development Joyeeta Gupta and Isa Baud PART II THEORIES AND METHODS 10. Constructivism and Sociological Institutionalism Gerry Nagtzaam 11. Cost-Benefit Analysis Simon Dietz 12. Deep Ecology Kate Booth 13. Deliberative Policy Analysis Hayley Stevenson 14. Feminism Annica Kronsell 15. Governmentality Delf Rothe 16. Integrated Assessment Modelling Detlef van Vuuren and Marcel Kok 17. Neo-Gramscianism Chukwumerije Okereke 18. Neoliberal Institutionalism Thijs Van de Graaf 19. Qualitative Comparative Analysis Olav Schram Stokke and Arild Underdal 20. Quantitative Comparative Analysis Sijeong Lim and Aseem Prakash 21. Simulations Walter F. Baber and Robert V. Bartlett 22. Teaching Global Environmental Governance Maria Ivanova 23. World Society David John Frank, Ann Hironaka and Evan Schofer PART III ACTORS 24. Civil Society Karin Bäckstrand 25. European Union Camilla Adelle, David Benson and Andrew Jordan 26. Individuals Tom Oliver 27. International Bureaucracies Bernd Siebenhüner 28. Media Marija Isailovic 29. Private Sector Jonatan Pinkse 30. Religious Movements Randolph Haluza-DeLay 31. Scientists and Experts Silke Beck 32. States Daniel Compagnon 33. United Nations Liliana Andonova and Kathryn Chelminski PART IV INSTITUTIONS 34. Clubs Sylvia Karlsson-Vinkhuyzen 35. International Organizations Steffen Bauer 36. Mega-Conferences Sander Chan 37. Private Environmental Governance Philipp Pattberg and Marija Isailovic 38. Public-Private Partnerships Ayşem Mert 39. Regimes Eleni Dellas PART V ISSUE AREAS 40. Air Pollution Jørgen Wettestad 41. Arctic Oscar Widerberg 42. Biological Diversity Kristin Rosendal and Morten Walløe Tvedt 43. Biosafety and Genetically Modified Organisms Aarti Gupta 44. Chemicals Nils Simon 45. Climate Change Pier Vellinga 46. Desertification Steffen Bauer 47. Fisheries and Whaling Olav Schram Stokke 48. Forestry and Land Use Tobias Nielsen 49. Hazardous Waste Katja Biedenkopf 50. Ocean Space Jan Stel 51. Ozone Depletion Sophie Godin-Beekmann 52. Phosphorus Dana Cordell and Stuart White 53. Renewable Energy Kacper Szulecki 54. Water Erika Weinthal 55. Wetlands Kenneth Genskow and Kyle Magyera PART VI CROSS-CUTTING QUESTIONS AND EMERGING TOPICS 56. Effectiveness Steinar Andresen 57. Environmental Policy Diffusion Per-Olof Busch 58. Environmental Policy Integration Camilla Adelle and Måns Nilsson 59. Green Economy Ulrich Brand and Miriam Lang 60. Institutional Fragmentation Fariborz Zelli 61. Millennium Development Goals and Sustainable Development Goals Marianne Beisheim 62. Orchestration Kenneth W. Abbott PART VII BORDERS AND INTERLINKAGES 63. Agriculture Dominic Moran 64. Food Jennifer Clapp 65. Health Kristina Jönsson 66. Poverty Anne Jerneck and Lennart Olsson 67. Security Rita Floyd 68. Trade Robyn Eckersley Index
£236.00
Edward Elgar Publishing Ltd Biodiversity and Climate Change: Linkages at
Book SynopsisThis insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.Trade Review'Environmental lawyers, particularly those who practice internationally will appreciate the diverse insights into biodiversity and climate change contained in this book. . . this book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. . . Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.' -- Carbon and Climate Law Review'The diverse contributors to this substantial volume vividly illuminate the complex relationships between biodiversity and climate change, and explore potential solutions through environmental law in local, national and transnational settings. This book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation, and it should appeal especially to scholars concerned about these issues in developing countries.' -- Benjamin J. Richardson, University of British Columbia, Canada'Today, climate change is already highly impacting on biodiversity. This adds to existing stress on biodiversity. Current extinction rates are unprecedented in history. This book addresses the many legal issues involved from a variety of perspectives by a range of esteemed authors from around the world. It does so in a positive way; aimed at finding solutions. This book greatly contributes to really addressing biodiversity loss by proposing new and innovative approaches.' -- Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: Introduction PART I: NATIONAL AND LOCAL EXPERIENCES 1. Bureaucratic Rhetoric of Climate Change in Nigeria: International Aspiration versus Local Realities Rhuks Ako and Olubayo Oluduro 2. Combating Climate Change and Biodiversity Loss in a ‘Hot Spot’ Mega-diversity Country Gloria Estenzo Ramos 3. Does the Concept of Ecosystem Services Promote Synergies between European Strategies for Climate Change and Biodiversity? Nathalie Hervé-Fournereau and Alexandra Langlais 4. Impacts of Climate Change, Biodiversity Loss and Population on Sustainable Development in Ethiopia Mekete Bekele Tekle 5. Climate Change, Human Rights and the Darfur Crisis Linda Mbone Ndongo and Frank Maes PART II: INTERNATIONAL AND TRANSBOUNDARY APPROACHES 6. The Clustering of Multilateral Environmental Agreements: Can the Clustering of the Chemicals-related Conventions be Applied to the Biodiversity and Climate Change Conventions? Nils Goeteyn and Frank Maes 7. Retreading Negotiations on Equity in Environmental Governance: Case Studies Contrasting the Evolution of ABS and REDD+ Claudia Ituarte-Lima and Suneetha M. Subramanian 8. Climate Change, Biodiversity and Human Rights: Can Synergy Help? Svitlana Kravchenko 9. Reducing Emissions in the Forest Sector under the United Nations Framework Convention on Climate Change: A New Opportunity for Biodiversity Conservation? Annalisa Savaresi 10. Transboundary Conservation of Mountain Biodiversity in a Climate Change Impacted World: Governance Perspectives from Central Asia and the Island of Borneo Michelle Lim PART III: LAND USE AND AGRICULTURE 11. Climate Change, the EU Floods Directive and Biodiversity Protection: Lessons from the Scheldt on Land Use Planning as an Adaptive Measure Katrien Debeuckelaere and Gretta Goldenman 12. Climate Change and Biodiversity: The Vulnerability of the Amazon Rainforest in the Face of Increasing Ethanol Demand Heline Sivini Ferreira, Maria Leonor Paes Cavalcanti Ferreira and Patryck de Araújo Ayala 13. The Contribution of the EU Common Agricultural Policy to Protecting Biodiversity and Global Climate in Europe Eckard Rehbinder PART IV: SOLUTIONS FROM SCIENCE AND TECHNOLOGY 14. Creating Marine Protected Area Networks in Pacific North America for Biodiversity Conservation: Linking Ecology to Legislation Vernon G. Thomas 15. Preventing and Mitigating the Impacts of Climate Change and Biodiversity Loss through Biosecurity Opi Outhwaite Index
£147.00
Edward Elgar Publishing Ltd Biodiversity and Climate Change: Linkages at
Book SynopsisThis insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.Trade Review'Environmental lawyers, particularly those who practice internationally will appreciate the diverse insights into biodiversity and climate change contained in this book. . . this book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. . . Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.' -- Carbon and Climate Law Review'The diverse contributors to this substantial volume vividly illuminate the complex relationships between biodiversity and climate change, and explore potential solutions through environmental law in local, national and transnational settings. This book makes an important academic contribution towards linking legal solutions to global warming with biodiversity conservation, and it should appeal especially to scholars concerned about these issues in developing countries.' -- Benjamin J. Richardson, University of British Columbia, Canada'Today, climate change is already highly impacting on biodiversity. This adds to existing stress on biodiversity. Current extinction rates are unprecedented in history. This book addresses the many legal issues involved from a variety of perspectives by a range of esteemed authors from around the world. It does so in a positive way; aimed at finding solutions. This book greatly contributes to really addressing biodiversity loss by proposing new and innovative approaches.' -- Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: Introduction PART I: NATIONAL AND LOCAL EXPERIENCES 1. Bureaucratic Rhetoric of Climate Change in Nigeria: International Aspiration versus Local Realities Rhuks Ako and Olubayo Oluduro 2. Combating Climate Change and Biodiversity Loss in a ‘Hot Spot’ Mega-diversity Country Gloria Estenzo Ramos 3. Does the Concept of Ecosystem Services Promote Synergies between European Strategies for Climate Change and Biodiversity? Nathalie Hervé-Fournereau and Alexandra Langlais 4. Impacts of Climate Change, Biodiversity Loss and Population on Sustainable Development in Ethiopia Mekete Bekele Tekle 5. Climate Change, Human Rights and the Darfur Crisis Linda Mbone Ndongo and Frank Maes PART II: INTERNATIONAL AND TRANSBOUNDARY APPROACHES 6. The Clustering of Multilateral Environmental Agreements: Can the Clustering of the Chemicals-related Conventions be Applied to the Biodiversity and Climate Change Conventions? Nils Goeteyn and Frank Maes 7. Retreading Negotiations on Equity in Environmental Governance: Case Studies Contrasting the Evolution of ABS and REDD+ Claudia Ituarte-Lima and Suneetha M. Subramanian 8. Climate Change, Biodiversity and Human Rights: Can Synergy Help? Svitlana Kravchenko 9. Reducing Emissions in the Forest Sector under the United Nations Framework Convention on Climate Change: A New Opportunity for Biodiversity Conservation? Annalisa Savaresi 10. Transboundary Conservation of Mountain Biodiversity in a Climate Change Impacted World: Governance Perspectives from Central Asia and the Island of Borneo Michelle Lim PART III: LAND USE AND AGRICULTURE 11. Climate Change, the EU Floods Directive and Biodiversity Protection: Lessons from the Scheldt on Land Use Planning as an Adaptive Measure Katrien Debeuckelaere and Gretta Goldenman 12. Climate Change and Biodiversity: The Vulnerability of the Amazon Rainforest in the Face of Increasing Ethanol Demand Heline Sivini Ferreira, Maria Leonor Paes Cavalcanti Ferreira and Patryck de Araújo Ayala 13. The Contribution of the EU Common Agricultural Policy to Protecting Biodiversity and Global Climate in Europe Eckard Rehbinder PART IV: SOLUTIONS FROM SCIENCE AND TECHNOLOGY 14. Creating Marine Protected Area Networks in Pacific North America for Biodiversity Conservation: Linking Ecology to Legislation Vernon G. Thomas 15. Preventing and Mitigating the Impacts of Climate Change and Biodiversity Loss through Biosecurity Opi Outhwaite Index
£46.95
Edward Elgar Publishing Ltd Transboundary Environmental Governance in Asia:
Book SynopsisWith an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention - the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy.'- Jolene Lin, The University of Hong Kong, HKSARProviding a strong comparative analysis of United Nations Economic Commission for Europe (UNECE) treaties and protocols in an Asian context, this important book is specifically concerned with treaty implementation and compliance. Until recently, the primary application of UNECE treaties has been in Europe; however UNECE membership by Asian states in the Caucasus and Central Asia, and the ability of UN states in general to accede to many of them, means that Asia is now very relevant in this context.Including a case study on Central Asia, the core focus of the book is on the five UNECE treaties: public participation, water and air pollution, environmental impact assessment and industrial accidents. Twelve related protocols are also dealt with, including: pollutant release and transfer registers, strategic environmental assessment, civil liability, water and health, and air pollutants. For these, prospects for the future, as well as current practice, are assessed.Environmental scholars and consultants, international environmental lawyers, practitioners and policymakers in institutions such as treaty regime secretariats, national ministries and international financial institutions, will find this book to be of particular interest and value.Trade Review‘With an insightful, engaging and practical approach, Transboundary Environmental Governance in Asia addresses two areas in the existing literature that have received relatively little scholarly attention – the UNECE, the only one of the UN regional commissions to have produced any environmental treaties, and tackling cross-border environmental issues in Asia. Marsden and Brandon are to be applauded for their work, which promises to be a starting point for any future research and governance efforts in Asian environmental law and policy’ -- Jolene Lin, The University of Hong Kong, HKSARTable of ContentsContents: PART I TRANSBOUNDARY ENVIRONMENTAL GOVERNANCE 1. Introduction 2. Institutions and Regimes PART II TREATIES AND PROTOCOLS 3. The Public Participation Convention and Pollutant Release and Transfer Registers Protocol 4. the Environmental Impact Assessment Convention and Strategic Environmental Assessment Protocol 5. The Industrial Accidents Convention and Civil Liability Protocol 6. The Water Convention and Water and Health Protocol 7. The Air Pollution Convention and Associated Protocols PART III COMBINED EFFECT AND OUTLOOK 8. Practice and Capacity Building in Central Asia 9. Conclusions Index
£116.00
Edward Elgar Publishing Ltd Global Environmental Law at a Crossroads
Book SynopsisThe normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.'- Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.'- Malgosia Fitzmaurice, Queen Mary University of LondonGlobal Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. ZhaoTrade Review‘Global Environmental Law at a Crossroads is well worth a read - it paints a thoughtful, multi-faceted picture of the current tides of environmental law in the various levels of it.’ -- Tiina Paloniitty, IUCN Academy of Environmental Law‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’ -- Donald K. Anton, The Australian National University College of Law‘This is a remarkable publication wherein some of the world’s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.’ -- Malgosia Fitzmaurice, Queen Mary University of LondonTable of ContentsPART I: ENVIRONMENTAL GOVERNANCE FRAMEWORKS Introduction 1. Strengthening National Environmental Governance to Promote Sustainable Development. Scott Fulton and Steve Wolfson 2. The Future We Want and Constitutionally Enshrined Procedural Rights in Environmental Matters. James R. May and Erin Daly 3. The Rights of Nature in Ecuador: An Opportunity to Reflect on Society, Law and Environment. Jordi Jaria i Manzano 4. Environmental NGOs and Sustainable Development in China. Yuhong Zhao PART II: ENVIRONMENTAL CHALLENGES – A WORLD TOUR 5. The Middle East: Climate Change, Water Insecurity and Hydro-diplomacy. Itzchak Kornfeld 6. Land Grabbing and Food Security in Ethiopia: The Dilemmas of Sustainable Development. Mekete Bekele Tekle 7. Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20. Anastasia Telesetsky 8. Lost in Translation: Threatened Species Law in Australia. Jacqueline Williams, Amanda Kennedy, and Donna Craig 9. Environmental Justice in Nigeria’s Oil Industry: Recognizing and Embracing Contemporary Legal Developments. Rhuks Ako 10. The Clean Development Mechanism and its Sustainable Development Premise: the Inadequacy of the Kyoto Protocol to Guarantee Climate Justice. Camille Parrod PART III: GOVERNANCE MODELS – LOOKING TO THE FUTURE 11. The Unbearable Tiredness of Sustainable Development (At Different Levels, Lately). Nicola Lugaresi 12. Cap and Trade versus Carbon Tax to Mitigate Climate Change: One-Size-Fits-All Solution in China? Ping Chen and Frank Maes 13. Environmental Law, Policy, and Governance: Environmental Management Systems for Cities. Lye Lin-Heng 14. Sustainable Management, a Sustainable Ethic? Trevor Daya-Winterbottom 15. Payment of Ecosystem Services in Brazil: Between Efficiency and Equity. Ana Maria de Oliveira Nusdeo and Ana Luiza Garcia Campos 16. European Union Climate Law & Practice at the End of the Kyoto Era: Unilateralism, Extraterritoriality and the Future of Global Climate Change Governance. Lorenzo Schiano di Pepe 17. Legal Challenges in the Creation of a World Environmental Organisation Nils Goeteyn Index
£116.00
Edward Elgar Publishing Ltd Global Environmental Law at a Crossroads
Book SynopsisThe normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.'- Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.'- Malgosia Fitzmaurice, Queen Mary University of LondonGlobal Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. ZhaoTrade Review‘Global Environmental Law at a Crossroads is well worth a read - it paints a thoughtful, multi-faceted picture of the current tides of environmental law in the various levels of it.’ -- Tiina Paloniitty, IUCN Academy of Environmental Law‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’ -- Donald K. Anton, The Australian National University College of Law‘This is a remarkable publication wherein some of the world’s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.’ -- Malgosia Fitzmaurice, Queen Mary University of LondonTable of ContentsPART I: ENVIRONMENTAL GOVERNANCE FRAMEWORKS Introduction 1. Strengthening National Environmental Governance to Promote Sustainable Development. Scott Fulton and Steve Wolfson 2. The Future We Want and Constitutionally Enshrined Procedural Rights in Environmental Matters. James R. May and Erin Daly 3. The Rights of Nature in Ecuador: An Opportunity to Reflect on Society, Law and Environment. Jordi Jaria i Manzano 4. Environmental NGOs and Sustainable Development in China. Yuhong Zhao PART II: ENVIRONMENTAL CHALLENGES – A WORLD TOUR 5. The Middle East: Climate Change, Water Insecurity and Hydro-diplomacy. Itzchak Kornfeld 6. Land Grabbing and Food Security in Ethiopia: The Dilemmas of Sustainable Development. Mekete Bekele Tekle 7. Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20. Anastasia Telesetsky 8. Lost in Translation: Threatened Species Law in Australia. Jacqueline Williams, Amanda Kennedy, and Donna Craig 9. Environmental Justice in Nigeria’s Oil Industry: Recognizing and Embracing Contemporary Legal Developments. Rhuks Ako 10. The Clean Development Mechanism and its Sustainable Development Premise: the Inadequacy of the Kyoto Protocol to Guarantee Climate Justice. Camille Parrod PART III: GOVERNANCE MODELS – LOOKING TO THE FUTURE 11. The Unbearable Tiredness of Sustainable Development (At Different Levels, Lately). Nicola Lugaresi 12. Cap and Trade versus Carbon Tax to Mitigate Climate Change: One-Size-Fits-All Solution in China? Ping Chen and Frank Maes 13. Environmental Law, Policy, and Governance: Environmental Management Systems for Cities. Lye Lin-Heng 14. Sustainable Management, a Sustainable Ethic? Trevor Daya-Winterbottom 15. Payment of Ecosystem Services in Brazil: Between Efficiency and Equity. Ana Maria de Oliveira Nusdeo and Ana Luiza Garcia Campos 16. European Union Climate Law & Practice at the End of the Kyoto Era: Unilateralism, Extraterritoriality and the Future of Global Climate Change Governance. Lorenzo Schiano di Pepe 17. Legal Challenges in the Creation of a World Environmental Organisation Nils Goeteyn Index
£40.95
Edward Elgar Publishing Ltd Emissions Trading and WTO Law: A Global Analysis
Book SynopsisThe legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skillfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.'- Douglas Fisher, Queensland University of Technology, AustraliaEmissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO.Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks.Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.Trade Review‘The legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skilfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.’ -- Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: 1. Introduction 2. Contextual Elements of Emissions Trading 3. The Law of the WTO and Emissions Trading 4. The Classification of GHG Tradeable Instruments as Goods 5. Emissions Trading and the General Agreement on Trade in Services 6. The Subsidies of Emissions Trading Schemes 7. The Border Adjustments of Emissions Trading Schemes 8. Conclusion Index
£93.00
Edward Elgar Publishing Ltd The History and Origin of International
Book SynopsisThe first in an exciting new series on international environmental law, this incisive collection of 18 seminal essays traces the evolution of the subject from its early beginnings, through the formative years of the Stockholm and Rio de Janeiro UN Conferences to the contemporary 'post-modern' era. The articles selected provide an overview of the legal discourse that shaped the emergence of this discipline. They also illustrate how international environmental law - in a multitude of treaties, jurisprudence of courts and tribunals, and a growing body of recognized customary principles - has not only come to govern the management of our planet's common natural resources, but has had a profound impact on the general theory and practice of international law.The History and Origin of International Environmental Law will be of lasting interest to scholars and students in the history of international relations and political science, and offers valuable lessons for future governance of the global environment.18 articles, dating from 1915 to 2011Contributors include: P.W. Birnie, S. McCaffrey, M.J. Glennon , R.L. Meyer, K. Raustiala, J.L. Sax, L.B. Sohn, C.D. Stone, J.B. WienerTrade Review'This superb collection conveniently brings together some of the leading pieces that help explain and contextualise the development of International Environmental Law. Few in the world as well-placed as Peter Sand to edit such a volume. He is, himself, one of the pioneers of the contemporary field and has been at the coalface since the beginning.' --Donald K. Anton, The Australian National University College of LawTable of ContentsContents: Introduction Peter H. Sand PART I THE TRADITIONAL ERA 1. Karl Neumeyer (1915), ‘A Contribution to International Water Law’ [‘Ein Beitrag zum Internationalen Wasserrecht’], in Festschrift für Georg Cohn, Zürich, Switzerland: Orell Füssli, 143–66, translated from the German by Peter H. Sand, 2014 2. Stephen C. McCaffrey (1993), ‘The Evolution of the Law of International Watercourses’, Austrian Journal of Public and International Law, 45, 87–111 3. Alfred P. Rubin (1971), ‘Pollution by Analogy: The Trail Smelter Arbitration’, Oregon Law Review, 50 (3), Spring, 259–98 4. Patricia W. Birnie (1990), ‘International Legal Issues in the Management and Protection of the Whale: A Review of Four Decades of Experience’, Natural Resources Journal, 29 (4), Fall, 903–34 5. Robert L. Meyer (1976), ‘Travaux Préparatoires for the UNESCO World Heritage Convention’, Earth Law Journal, 2 (1), February, 45–81 6. Peter H. Sand (2001), ‘A Century of Green Lessons: The Contribution of Nature Conservation Regimes to Global Governance’, International Environmental Agreements: Politics, Law and Economics, 1 (1), January, 33–72 PART II THE MODERN ERA 7. Joseph L. Sax (1970), ‘The Public Trust Doctrine in Natural Resources Law: Effective Judicial Intervention’, Michigan Law Review, 68, January, 471–566 8. Christopher D. Stone (1972), ‘Should Trees Have Standing?– Toward Legal Rights for Natural Objects’, Southern California Law Review, 45, 450–501 9. Louis B. Sohn (1973), ‘The Stockholm Declaration on the Human Environment’, Harvard International Law Journal, 14, Summer, 423–515 10. Cyril de Klemm (1982), ‘Conservation of Species: The Need for a New Approach’, Environmental Policy and Law, 9 (4), December, 117–28 11. Michael J. Glennon (1990), ‘Has International Law Failed the Elephant?’, American Journal of International Law, 84 (1), January, 1–43 12. Peter H. Sand (1991), ‘Lessons Learned in Global Environmental Governance’, Boston College Environmental Affairs Law Review, 18 (2), 213–77 PART III THE POST-MODERN ERA 13. Edith Brown Weiss (1984), ‘The Planetary Trust: Conservation and Intergenerational Equity’, Ecology Law Quarterly, 11 (4), 495–581 14. Daniel Bodansky (1993), ‘The United Nations Framework Convention on Climate Change: A Commentary’, Yale Journal of International Law, 18, 451–558 15. Zygmunt J.B. Plater (1994), ‘From the Beginning, a Fundamental Shift of Paradigms: A Theory and Short History of Environmental Law’, Loyola of Los Angeles Law Review, 27, April, 981–1008 16. Kal Raustiala (1997), ‘The “Participatory Revolution” in International Environmental Law’, Harvard Environmental Law Review, 21, 537–86 17. Jonathan B. Wiener (2001), ‘Something Borrowed for Something Blue: Legal Transplants and the Evolution of Global Environmental Law’, Ecology Law Quarterly, 27 (4), 1295–371 18. Peter H. Sand (2011), ‘The Right to Know: Freedom of Environmental Information in Comparative and International Law’, Tulane Journal of International and Comparative Law, 20 (1), 203–32 Index
£404.00
Edward Elgar Publishing Ltd International Environmental Law
Book SynopsisThis two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL.Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.Table of ContentsContents: Introduction Donald K. Anton PART I AN OVERVIEW OF THE CHALLENGE AND EMERGENCE OF INTERNATIONAL LEGAL RESPONSES 1. Manfred Lachs (1990), ‘The Challenge of the Environment’, International and Comparative Law Quarterly, 39, 663–69 2. Oscar Schachter (1991), ‘The Emergence of International Environmental Law’, Journal of International Affairs, 44, 457–93 3. Edith Brown Weiss (1993), ‘International Environmental Law: Contemporary Issues and the Emergence of a New World Order’, Georgetown Law Journal, 81, 675–710 4. Timo Koivurova (2014), ‘Basic Issues in International Environmental Law’, in Introduction to International Environmental Law, Chapter 1, 8–26 (do not include pictures or text boxes) PART II UNDERLYING PRINCIPLES AND CONCEPTS 5. Rüdiger Wolfrum (1990), ‘Purposes and Principles of International Environmental Law’, 33, 308–30 6. Philippe Sands & Jacqueline Peel (with Adriana Fabra & Ruth MacKenzie) (2012), ‘General Principles and Rules’, in Principles of International Environmental Law, 3rd ed, Chapter 6, 187–237 PART III NORMATIVITY 7. Malgosia A. Fitzmaurice (2001), ‘International Environmental Law: Sources, Formation and Kinds of Legal Rules’, in International Protection of the Environment, Chapter II, 96–149 8. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles’, in The Oxford Handbook of International Environmental Law, Chapter 19, 449–65 (do not include recommended reading) 9. Jutta Brunnée (2002), ‘Coping with Consent: Law-Making under Multilateral Environmental Agreements’, Leiden Journal of International Law, 15, 1–52 10. Robin R. Churchill and Geir Ulfstein (2000), ‘Autonomous Institutional Arrangements in Multilateral Environmental Agreements: A Little-Noticed Phenomenon in International Law’, American Journal of International Law, 94 (4), 623–59 11. Naomi Roht-Arriaza (1995), ‘Shifting the Point of Regulation: The International Organization for Standardization and Global Lawmaking on Trade and the Environment’, Ecology Law Quarterly, 22, 479–539 PART IV ACTORS, INSTITUTIONS AND GOVERNANCE 12. Kal Raustiala, (1997) ‘States, NGOs, and International Institutions’ International Studies Quarterly, 41, 719–40 13. Gerhard Loibl (2001), ‘The Role of International Organisations in International Law-Making International Environmental Negotiations - An Empirical Study’ Non-State Actors and International Law 1, 41–66 14. Steven R. Ratner (2001), ‘Corporations and Human Rights: A Theory of Legal Responsibility’, Yale Law Journal 111, 443–545 15. Daniel C. Esty and Maria H. Ivanova, (2002) ‘Revitalizing Global Environmental Governance: A Function-Driven Approach, in Global Environmental Governance: Options and Opportunities (Daniel C. Esty & Maria H. Ivanova, eds.) chap 10, 181–203 16. Nathalie Bernasconi-Osterwalder and David Hunter (2002), ‘Democratizing Multilateral Development Banks’ in The New “Public”: The Globalization of Public Participation, 151–64 17. Ellen Hey (2003), ‘Sustainable Development, Normative Development and the Legitimacy of Decision Making’ Netherlands Yearbook of International Law 24, 3–53 PART V ISSUE AREAS AND SUBSTANTIVE LAW 18. Martti Koskenniemi (1992), ‘Breach of Treaty or Non-Compliance? Reflections on the Enforcement of the Montreal Protocol’, Yearbook of International Environmental Law, 3, 123¬–62 19. Peter H. Sand (1996), ‘Institution-Building to Assist Compliance with International Environmental Law: Perspectives’ Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 56, 774–95 20. Alexander Gillespie (2003), ‘Implementation and Compliance Concerns in International Environmental Law: The State of the Art Within Three International Regimes’ New Zealand Journal of Environmental Law 7, 53–84 21. Carsten Helm & Detlef Sprinz, (2000) ‘Measuring the Effectiveness of International Environmental Regimes’ Journal of Conflict Resolution 44, 630–52 22. Ronald B. Mitchell, (2002) ‘A Quantitative Approach to Evaluating International Environmental Regimes’ Global Environmental Politics 2, 58–83 Volume II Contents: Introduction An introduction by the editors appears in Volume I PART I ISSUE AREAS AND SUBSTANTIVE LAW A Atmosphere 1. Phoebe Okowa (2006), ‘The Legacy of Trail Smelter in the Field of Transboundary Air Pollution’, in Rebecca M. Bratspies and Russell A. Miller (eds), Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration, Chapter 16, 195–208 2. David D. Caron (1991), ‘Protection of the Stratospheric Ozone Layer and the Structure of International Environmental Lawmaking’, Hastings International and Comparative Law Review, 14, 755–80 3. Daniel Bodansky (2011), ‘A Tale of Two Architectures: The Once and Future U.N. Climate Change Regime’, Arizona State Law Journal, 43, 697–712 B The Oceans 4. Moira L. McConnell and Edgar Gold ( ), ‘The Modern Law of the Sea: Framework for Protection and Preservation of the Marine Environment’, Case Western Reserve Journal of International Law, 23, 83–105 5. Jonathan I. Charney (1994), ‘The Marine Environment and the 1982 United Nations Convention on the Law of the Sea’, International Lawyer, 28, 879–902 6. Lee Kimball (2003), ‘International Ocean Governance’, 7–84 7. David Freestone, (2012) ‘International Governance, Responsibility and Management of Areas beyond National Jurisdiction’ International Journal of Marine and Coastal Law 27, 191–204 C Biodiversity 8. Michael J. Glennon, (1990) ‘Has International Law Failed the Elephant’ (1990) American Journal of International Law 84, 1–43 9. Catherine Tinker (1995), ‘A “New Breed” of Treaty: The United Nations Convention on Biological Diversity’, Pace Environmental Law Review, 12, 191–218 10. David R. Downes (1993), ‘New Diplomacy for the Biodiversity Trade: Biodiversity, Biotechnology, and Intellectual Property in the Convention on Biological Diversity’, Touro Journal of Transnational Law, 4, 1–46 11. Erik J. Molenaar, (2007) ‘Managing Biodiversity Beyond National Jurisdiction’ International Journal of Marine and Coastal Law 22, 89–124 12. Evanson Chege Kamau, Bevis Fedder and Gerd Winter (2010), ‘Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is New and What are the Implications for Provider and User Countries and the Scientific Community’, Law, Environment and Development Journal, 6, 246–62 D Hazardous Substances and Technologies 13. Katharina Kummer, (1992) ‘The International Regulation of Transboundary Traffic in Hazardous Wastes: The 1989 Basel Convention’, International and Comparative Law Quarterly 41, 530–62 14. Richard W. Emory, Jr., (2001) ‘Probing the Protections of the Rotterdam Convention on Prior Informed Consent’, Colorado Journal of International Environmental Law and Policy 12, 47–70 15. Joel Mintz, (2001) ‘Two Cheers for Global POPs: A Summary and Assessment of the Stockholm Convention on Persistent Organic Pollutants’, Georgetown International Environmental Law Review, 14 16. Henrik Selin, (2014) ‘Global Environmental Law and Treaty-Making on Hazardous Substances: The Minamata Convention and Mercury Abatement’ Global Environmental Politics 14, 1–19 E Fresh Water 17. Stephen McCaffrey, (1994) ‘The Law of International Watercourses: Present Problems, Future Trends’ in A Law for the Environment, Essays in Honour of Wolfgang E. Burhenne, 113–35 18. John Scanlon & Alejandro Iza, (2003) ‘International Legal Foundations for Environmental Flows’ Yearbook of International Environmental Law, 14, 81–100 19. Patricia Wouters, Sergei Vinogradov & Bjørn-Oliver Magsig, (2008) ‘Water Security, Hydrosolidarity, and International Law: A River Runs Through It …’ Yearbook of International Enviornmental Law 19, 97–134 F The Polar Regions 20. Donald R. Rothwell, (2000) ‘Polar Environmental Protection and International Law: The 1991 Antarctic Protocol’ European Journal of International Law 11, 591–614 21. Kees Bastmeijer and Steven Hendel (2009), ‘The Role of the Protected Area Concept in Protecting the World' Largest Natural Reserve: Antarctica, Utrecht Law Review 5, 61–79 22. Timo Koivurova, (2003) ‘The Importance of International Environmental Law in the Arctic’ Finnish Yearbook of International Law 14, 341–54 23. Olav Schram Stokke, (2009) ‘Protecting the Arctic Environment: The Interplay of Global and Regional Regimes’ Yearbook of Polar Law 1, 349–70 PART II REGIME INTERACTION A Trade, Investment and the Environment 24. Thomas J. Schoenbaum, (1997) ‘International Trade and Protection of the Environment: The Continuing Search for Reconciliation’ American Journal of International Law 91, 268–313 25. Konrad von Moltke, (2002) ‘International Investment and Sustainability: Options for Regime Formation’ in The Earthscan Reader on International Trade and Sustainable Development (Kevin Gallagher & Jacob Werksman, eds.) chap 15, 345–69 B Human Rights and the Environment 26. Dinah Shelton, (2001) ‘Environmental Rights’ in Peoples’ Rights (Philip Alston, ed.) chap 6, 189–258 27. John H. Knox, (2009) ‘Climate Change and Human Rights Law’ Virginia Journal of International Law, 50, 163–218 C Use of Force and the Environment 28. Richard Falk, (1992) ‘The Environmental Law of War: An Introduction’ in Environmental Protection and the Law of War: A ‘Fifth Geneva’ Convention on the Protection of the Environment in Time of Armed Conflict chap 5, 78–95 29. Christopher D. Stone, (2000) ‘The Environment in Wartime: An Overview’ in The Environmental Consequences of War: Legal, Economic, and Scientific Perspectives (Jay E. Austin & Carl E. Bruch, eds.) chap 2, 16–38 Index
£552.00
Edward Elgar Publishing Ltd Water Law
Book SynopsisThis volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources.Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues.This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.Trade Review‘This encyclopedia is a landmark reference work that systematically and comprehensively discusses complex topics in the dynamic field of water law.’ -- Germarié Viljoen, South African Law Journal'This is a ''must have'' resource for anyone interested in water law, whether domestic, transnational, or international. Impressive in its scope, this volume covers everything from doctrinal nuance to the broad relationships between water law and global security, human rights, disaster response, and sustainability. The book both challenges and inspires the reader, and offers clear-eyed recommendations to empower water law to play a key role in institutionalizing cooperation and pre-empting conflict among nations of the earth.' -- Christine A. Klein, University of Florida Levin College of Law, US'This book, edited by two well-known experts in the field, is a very welcome addition to the Elgar Encyclopedia of Environmental Law series. It has lucidly written chapters on the relevant general international law as well as detailed chapters on regional and national water law regimes. It should be in the library of all who follow international water and environmental law.' -- Robbie Sabel, Hebrew University of Jerusalem, IsraelTable of ContentsContents: Foreword to the Encyclopedia xiv Jamie Benidickson and Yves Le Bouthillier Foreword to Volume X xv Michael Faure Introduction to Volume X 1 Joseph W Dellapenna and Joyeeta Gupta PART 1 PERVASIVE ISSUES X.1 The expanding boundaries of water law 9 Joyeeta Gupta and Joseph W Dellapenna X.2 A note on law in general and international law in particular 20 Joseph W Dellapenna X.3 Water governance and politics 33 Erick Velázquez Hernández, Dave Huitema and Jampel Dell’Angelo X.4 Water and security 44 Rhett B Larson X.5 The UN contribution to water law, environment, climate disruption, and the Sustainable Development Goals 55 Joyeeta Gupta and Hilmer J Bosch X.6 The water-energy nexus 72 Lee Godden X.7 Fundamental concepts of property in water and the role of markets in water governance 86 Joseph W Dellapenna X.8 Aquatic boundaries 104 Joseph W Dellapenna PART 2 INTERNATIONAL WATER LAW X.9 The continuing evolution of international water law 123 Owen McIntyre X.10 Groundwater in international law 142 Kirstin Conti and Joyeeta Gupta X.11 International litigation and arbitration over water disputes 156 Farnaz Shirani Bidabadi X.12 The human rights to water and sanitation 166 Daphina Misiedjan and Pedi Obani X.13 River basin organizations 177 David J Devlaeminck X.14 How international water law connects to environmental law and human rights 190 Ellen Hey and Alberto Quintavalla X.15 Advancing water law through rights of nature 203 Julia Talbot-Jones X.16 Sustainability and international water law 214 Otto Spijkers X.17 Providing for future generations 225 Lydia Slobodian PART 3 REGIONAL WATER LAW X.18 Europe 239 Marleen van Rijswick X.19 The Mekong River Basin 255 Susanne Schmeier X.20 Southern Africa 270 Michael Kidd X.21 Central Asia 283 Barbara Janusz-Pawletta PART 4 NATIONAL WATER LAW X.22 Water jurisdiction: on federalism, river basins, metropolises, and communities 301 Francine van den Brandeler and Filippo Maria Lancieri X.23 Changing ‘ownership’ in water law: comparative experiences in the developing world 315 Joyeeta Gupta and Hilmer J Bosch X.24 Groundwater law at the domestic level 329 Gabriela Cuadrado-Quesada and Joyeeta Gupta X.25 The Arab countries of the Middle East 341 Léna Salamé and Raya Marina Stephan X.26 Reforming legal frameworks for water management in Central Asia 354 Jenniver Sehring, Aminjon Abdulloev, Nataliya Chemayeva, Botir Ismailov, Nargiza Osmonova and Botagoz Sharipova X.27 China: water law in transition 367 Libin Zhang X.28 Brazil: evolution of water and sanitation law and challenges for inclusive services 377 Raquel dos Santos and Klaas Schwartz PART 5 WATER LAW AND BROADER ISSUES X.29 Water law and development 391 Philippe Cullet X.30 Legal frameworks and water services 402 Klaas Schwartz and Mireia Tutusaus X.31 Indigenous rights to water 413 Barbara Cosens X.32 Large-scale water infrastructure, territorial transformation and water rights dispossession 425 Rutgerd Boelens X.33 Water law and disaster: floods and droughts 438 Margot A Hurlbert X.34 Water and mining 451 Mirja Schoderer, Jampel Dell’Angelo and Dave Huitema X.35 Coastal zones 466 Ryan B Stoa PART 6 CONCLUSIONS X.36 Water law: its role, shortcomings, and potential 485 Joseph W Dellapenna and Joyeeta Gupta Index 499
£225.00
Edward Elgar Publishing Ltd Multilateral Environmental Treaties
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. This volume of the Elgar Encyclopedia of Environmental Law presents a structured overview and selective analysis of multilateral environmental agreements (MEAs). These agreements encompass the regulating aspects of the protection, conservation, management, use and exploitation of living and natural resources in various areas including biodiversity, fisheries, marine environment, shared freshwater resources, atmosphere, climate change, human rights, and polar regions. The expert contributions offer critical analysis and a concise but informative approach that provides a comprehensive introduction to each agreement as well as to the broader landscape of MEAs. The book guides the reader through the multifarious conventional regulation of each area of environmental protection, both at the global and regional levels. It details the path from the first post-war sectorial attempts at introducing international pieces of conventional environmental regulation to the booming of environmental instruments of the 1990s and the recent fertile period of new MEAs and their exponential growth. Each entry includes an overview of the topic, a concise review of current knowledge, new directions for cutting-edge research and a detailed bibliography to facilitate further reading. This comprehensive, topical and accessible volume is an essential resource for environmental law practitioners, students and scholars seeking a broad overview of MEAs, concise explanations of individual agreements, and avenues for research.Contributors include: R. Bates, L. Chiussi, C. Contartese, M.E. Desmond, A. Dizdarevic, G.M. Farnelli, E. Fasoli, M. Fitzmaurice, S. Goldberg, E.J. Goodwin, S. Gruber, C. Ibe, F.R. Jacur, K. Kakkaiyadi, E.A. Kirk, J.V. Kohler, I. Krasnova, V. Lanovoy, M. Lewis, P. Merkouris, G.A. Oanta, A. Papantoniou, N. Popattanachai, A. Powers, T.H. Reis, F. Seatzu, F. Sindico, K. Steenmans, A. Tanzi, A. Trouwborst, M.S. Wong, M. Yzquierdo, F. ZahariaTrade Review'The contributing authors to this volume include several established leading academics in the field of environmental law alongside early career researchers. Given the diversity of authorship the research quality is consistently of high quality, which is a credit to the editors. The volume will be a useful first stop text for students, academics as well as practicing lawyers and others involved in environmental governance.'--Law Environment and Development JournalTable of ContentsContents: Foreword to the Encyclopedia by Jamie Benidickson and Yves Le Bouthillier Foreword to Volume by Michael Faure Introduction by Malgosia Fitzmaurice, Attila Tanzi and Angeliki Papantoniou PART 1 BIODIVERSITY Section A: Global Agreements 1. Convention On Biological Diversity 1992 Marine Yzquierdo 2. Bonn Convention On The Conservation Of Migratory Species Of Wild Animals 1979 (CMS) Melissa Lewis and Arie Trouwborst 3. Agreement on the Conservation of Small Cetaceans in the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS), the Agreement on the Conservation of Gorillas and their Habitats (Gorilla Agreement), and the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) Melissa Lewis and Arie Trouwborst 4. In UN Convention To Combat Desertification 1994 Katrien Steenmans i) Global Conventions, which are Relevant to the Protection of the Environment 5. Convention For The Protection Of The World Cultural And Natural Heritage 1972 Stefan Gruber 6. Convention On International Trade In Endangered Species Of Wild Fauna And Flora 1973 Azra Dizdarevic Section B: Regional Agreements 7. Central American Convention for the Protection of the Environment Francesco Seatzu Section C: Agreements Regulating the Protection of Particular Species or Habitats 8. International Convention For The Regulation Of Whaling 1946 Katrien Steenmans 9.Convention On Wetlands Of International Importance, Especially As Waterfowl Habitat) 1971 (Ramsar) Edward J. Goodwin Section D: Fisheries 10. Convention Concerning Fishing in the Black Sea 1959 Gabriela A. Oanta Section E: Protocols to Regional Agreements of Marine Environmental Protection 11. The Black Sea Biodiversity and Landscape Conservation Protocol to The Convention on The Protection Of The Black Sea Against Pollution 2002 Gabriela A. Oanta 12. Protocol Concerning Specially Protected Areas and Wildlife Protocol (SPAW) of Duplthe Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers PART 2 MARINE ENVIRONMENTAL PROTECTION Section A: Global Agreements 13. United Nations Convention On The Law Of The Sea 1982 Meagan S. Wong 14. International Convention For The Prevention Of Pollution From Ships MARPOL 2012 (and Annexes I, II,III,IV,V,VI) Gian Maria Farnelli 15. Convention On The Prevention Of Marine Pollution By Dumping Of Wastes And Other Matter 1972 And 1996 Protocol Gian Maria Farnelli and Attila Massimiliano Tanzi Section B: Regional Agreements B.1. Europe/Asia 16. OSPAR Convention 1992- Convention For The Protection Of The Marine Environment Of The North-East Atlantic (and Annexes I, II,III, IV) Meagan S. Wong 17. Convention For The Protection Of The Marine Environment Of The Baltic Sea 1992 (Helsinki) Gian Maria Farnelli 18. Convention For The Protection Of The Mediterranean Sea Against Pollution 1976 (Revised In Barcelona, Spain, On 10 June 1995 As The Convention For The Protection Of The Marine Environment And The Coastal Region Of The Mediterranean) Vladislav Lanovoy 19. Convention on the Protection of the Black Sea Against Pollution 1992 Elizabeth A. Kirk, Naporn Popattanachai and Chioma Ibe B.2. Caribbean Regions 20. Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 1983 (Cartagena Convention) Mary E. Desmond and Ann Powers 21. Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region Mary E. Desmond and Ann Powers 22. Protocol Concerning Pollution from Land-Based Sources and Activities (LBS Protocol) Mary E. Desmond and Ann Powers PART 3 SHARED FRESH WATER RESOURCES Section A: Global Agreements 23. Convention on the Law of the Non-navigational Uses of International Watercourses 1997 Ludovica Chiussi 24. Convention On The Protection And Use Of Transboundary Watercourses And International Lakes 1992 (The UNECE Helsinki Convention) Cristina Contartese Section B: Regional Agreements B.1 Europe 25. Agreements On The Protection Of The Rivers Meuse Scheldt 1994 Cristina Contartese 26. Convention On Cooperation For The Protection And Sustainable Use Of The Danube River (Danube River Protection Convention) 1994 Ludovica Chiussi and Felix Zaharia 27. Rotterdam Convention On The Protection Of The Rhine 1998 Cristina Contartese 28. Finnish-Russian agreement concerning frontier watercourses Irina Krasnova Section C: Groundwater 29. The Guarani Aquifer Agreement 2010 Francesco Sindico PART 4 ATMOSPHERE Section A: Global Agreements 30. Convention For The Protection Of The Ozone Layer 1985 (Vienna Convention for the Protection of the Ozone Layer) Francesca Romanin Jacur PART 5 HAZARDOUS WASTE Section A: Global Agreements 31. The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal 1989 Juliette Voinov Kohler 32. Rotterdam Convention On The Prior Informed Consent Procedure For Certain Hazardous Chemicals And Pesticides In International Trade 1998 Tarcísio Hardman Reis 33. Stockholm Convention On Persistent Organic Pollutants 2001 (UNECE) (POPs) Tarcísio Hardman Reis Section B: Regional Agreements 34. Bamako Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa (1994) Juliette Voinov Kohler PART 6 CLIMATE CHANGE 35. United Nations Framework Convention On Climate Change 1992 Panos Merkouris PART 7 PROCEDURAL OBLIGATIONS AND PROCEDURAL HUMAN RIGHTS 36. Espoo Convention On Environmental Impact Assessment In A Transboundary Context 1991 Angeliki Papantoniou 37. Aarhus Convention On Access To Information, Public Participation And Access To Justice In Environmental Matters 1998 Elena Fasoli PART 8 NATURAL RESOURCES Section A: Global Agreements 38. Energy Charter Treaty 1994 Silke Goldberg and Krishna Kakkaiyadi PART 9 ANTARCTIC/ARCTIC REGIONS Section A: Antarctic 39. The Antarctic Treaty 1959: Protocol on Environmental Protection to the Antarctic Treaty (1991) Rebecca Bates Index
£207.00
Edward Elgar Publishing Ltd Compliance and Enforcement of Environmental Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners.Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. StaffordTrade Review'Effective environmental governance requires behaviour in compliance with environmental laws and policies. This book offers an important analysis of both incentivising and deterring compliance and enforcement tools. As such, it provides scholars, practitioners and policy-makers alike with a state-of-the-art toolbox to improve and strengthen environmental governance.' --Christina Voigt, University of Oslo, Norway'This compelling collection of essays provides a succinct yet comprehensive framework for the discussion of compliance and enforcement in environmental law. It serves in equal measure those looking for a general overview and those in need of a deeper dive.' --Durwood Zaelke, Institute for Governance & Sustainable Development and International Network for Environmental Compliance and Enforcement, USTable of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IV Michael Faure Introduction to Volume IV LeRoy C. Paddock, David L. Markell, and Robert L. Glicksman PART I Non-regulatory approaches to compliance 1. Voluntary self-policing and the US Audit Policy Sarah L. Stafford 2. Using management systems in public environmental supervision Martin de Bree and Han de Haas 3. The role of Environmental Management Systems Rachel E. Deming PART II Civil enforcement 4. Compliance, deterrence and beyond Neil Gunningham 5. Liability law and nuisance in the civil law tradition Marie-Eve Arbour 6. Common law tools to protect the environment Lynda Collins and Heather McLeod-Kilmurray 7. Enforcement strategies: inspection, targeting and escalation Cameron Holley and Darren Sinclair 8. Enforceable regulations Michelle T. Sanders and Pieter Asbeek-Brusse 9. Effective environmental monitoring and reporting Jon Silberman and David Hindin 10. Environmental civil penalties—an Australian perspective Brendan Grigg 11. Settlement of environmental enforcement disputes Joel A. Mintz 12. Procedures and standards for review of enforcement actions Robin L. Juni 13. Enforcement by local governments Helen H. Kang PART III Criminal Enforcement 14. Mental state Susan F. Mandiberg 15. Organizational liability for environmental crimes Jeffrey G. Miller 16. Towards intelligence-led environmental enforcement Heather McCready and Karina Barker PART IV Special Issues in Compliance and Enforcement 17. Quantitatively measuring deterrence: empirical tools for assessing the impact of environmental monitoring and enforcement actions Jay P. Shimshack 18. Environmental compliance and enforcement measurement: why, what, and how? Shelley H. Metzenbaum Index
£156.00
Edward Elgar Publishing Ltd Earth Governance: Trusteeship of the Global
Book SynopsisWritten by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.'- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.'- David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal 'owners' of our planet's common natural resources, but mere 'trustees' on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.'- Peter H. Sand, University of Munich, GermanyThe predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance.Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons.This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.Trade Review‘Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann’s latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth’s ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.’ -- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment‘Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.’ -- David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group‘This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal “owners” of our planet’s common natural resources, but mere “trustees” on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann’s work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.’ -- Peter H. Sand, University of Munich, GermanyTable of ContentsContents: 1. World at a Tipping Point 2. Framing Earth Governance 3. Commons 4. The Global Commons 5. Trusteeship 6. State as Environmental Trustee 7. Trusteeship and the United Nations 8. Institutionalizing Trusteeship for the Global Commons Conclusion: There is Another Way Bibliography Index
£109.00
Edward Elgar Publishing Ltd Research Handbook on REDD+ and International Law
Book SynopsisREDD+ (Reducing Emissions of greenhouse gases from Deforestation and Forest Degradation) is an important tool under the UNFCCC for incentivizing developing countries to adopt and scale up climate mitigation actions in the forest sector and for capturing and channeling the financial resources to do so.This handbook eloquently examines the methodological guidance and emerging governance arrangements for REDD+, analyzing how and to what extent it is embedded in the international legal framework.Organized coherently into five parts, contributions from legal experts, international relations scholars, climate change negotiators and activists explore the history and design of REDD+ in the UN climate regime, as well as linkages between REDD+ and other international agreements. The book also considers global governance for REDD+, its financial dimensions including markets and investment and future developments and legal challenges. Detailed analysis from a range of angles illustrates the interplay of international norms and institutions and maps out a legal research agenda for identifying best practice solutions.Shedding light on one of the most vibrant and fast-moving fields in international law, this comprehensive Handbook is essential reading for scholars of international law and international relations, policy makers in the area of climate change, REDD+ and land sector experts and NGOs.Contributors: R.R. Barrer, M.-C. Cordonier Segger, J. Costenbader, A. de Leon, F. Ferreira, M. Gehring, K. Gover, J. Gupta, K. Hite, P. Horne, S. Jodoin, P. Keenlyside, A.G.M. La Viña, A. Long, C.L. McDermott, E. Roessing Neto, C. Parker, A. Savaresi, M. Schwedeler, C. Streck, H. van Asselt, C. Voigt, A. Wardell, M.A. Young, O.R. YoungTrade ReviewThe climate crisis cannot be addressed unless deforestation, especially in tropical countries, is rapidly brought under control. REDD+ is emerging as the mechanism of choice to achieve this goal yet it remains a work in progress and is subject to a range of questions as to how it aligns with other elements that make up the complex international climate regime. This impressive collection, authored by leading scholars, practitioners and government advisors provides a rich and timely account of REDD+ and the challenges yet to be overcome. It is indispensable reading for all those interested in global forest governance. --Tim Stephens, University of Sydney, AustraliaReducing greenhouse gas emissions from deforestation and forest degradation (REDD) is vitally important to global climate change policy, but even many veteran negotiators shy away from the topic because of its perceived complexity. Christina Voigt has brought together a distinguished group of contributors to produce this Research Handbook on the legal issues relating to REDD. Providing an authoritative overview of the subject, it will be the ''go to'' work for practitioners and the public alike. --Daniel Bodansky, Arizona State UniversityThe Research Handbook on REDD+ and International Law is to be commended for its broad-ranging analytical approach in identifying and addressing a multiplicity of questions arising across different areas of international law. This approach is as much needed for the further development and operationalization of climate law, as it is for the understanding of the evolution of international law in general. --Elisa Morgera, Edinburgh University School of Law and University of Eastern FinlandTable of ContentsContents: Introduction: The Kaleidoscopic World of REDD+ Christina Voigt PART I REDD+ IN THE UN CLIMATE REGIME: HISTORY, DESIGN, GOVERNANCE AND INSTITUTIONAL ARCHITECTURE 1. History and Future of REDD+ in the UNFCCC: Issues and Challenges Antonio G. M. La Viña, Alaya De Leon and Reginald Rex Barrer 2. The Warsaw Framework for REDD+: Implications for National Implementation and Results-Based Finance Christina Voigt and Felipe Ferreira PART II REDD+ LINKAGES TO OTHER INTERNATIONAL AGREEMENTS 3. The Institutional Complex for REDD+: A ‘Benevolent Jigsaw’? Harro Van Asselt and Constance L. Mcdermott 4. REDD+ and Interacting Legal Regimes Margaret A. Young 5. The Legal Status and Role of Safeguards Annalisa Savaresi 6. The Human Rights of Indigenous Peoples and Forest-Dependent Communities in the Complex Legal Framework for REDD+ Sébastien Jodoin 7. The Convention on Biological Diversity and REDD+ Andrew Long PART III GLOBAL GOVERNANCE FOR REDD+ 8. Addressing Drivers of Deforestation and Forest Degradation Through International Law Charlotte Streck and Michaela Schwedeler 9. REDD+, Tenure and Indigenous Property: The Promise and Peril of a ‘Human Rights-Based Approach’ Kirsty Gover 10. REDD+ and Multilevel Governance Beyond the Climate Negotiations Ernesto Roessing Neto and Joyeeta Gupta 11. Seeing the Forest for the Trees: Getting Post-Earth Summit Forest Protection Back on Track Peter Horne PART IV REDD+ FINANCE, MARKETS AND INVESTMENT 12. Managing Fiduciary Risk in REDD+ Paul Keenlyside, John Costenbader and Charlie Parker 13. REDD+ Instruments, International Investment Rules and Sustainable Landscapes Marie-Claire Cordonier Segger, Markus Gehring and Andrew Wardell PART V FUTURE DEVELOPMENTS AND LEGAL CHALLENGES 14. Rediscovering Ambition, Implementation and Operationalization Patricia Elias 15. Adjudicating Disputes Across Scales: Global Administrative Law Considerations for REDD+ Kristen Hite Index
£187.00
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisThe Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development.The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included.While the handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic, and human rights law.Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. VinualesTrade Review'This volume presents an excellent and long overdue assessment of international law as related to the use of natural resources. Its analytical focus on the triad of international human rights, environmental and economic law provides deep insights into the often disjointed nature of this body of law. The research agenda set out in the concluding chapter highlights that there is analytical work to be done. A must read for anyone interested the topic!' --Ellen Hey, Erasmus University Rotterdam, the Netherlands'A distinguished mix of authors coming from a variety of backgrounds, all of whom are experts in a field of crucial importance for present and future generations. The book covers different strands of international and domestic law as well as the numerous governance and dispute settlement loci that are relevant. It highlights the need for more integrated approaches and sets an agenda for the years ahead. In sum, this is required reading for all lawyers involved in one or more of the areas touched upon by the book.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'This is a valuable and illuminating collection of essays on international law relating to natural resources, both terrestrial and marine, written by a team of distinguished international experts. Commendably, the book takes a holistic approach to its subject, examining a variety of areas of international law applicable to the exploitation of natural resources, including international environmental, human rights, investment and trade law. The book is an important and welcome contribution to the literature.' --Robin Churchill, University of Dundee, UKTable of ContentsContents: Introduction PART I KEY CONCEPTS 1. National Sovereignty Over National Resources: Environmental Challenges and Sustainable Development Virginie Barral 2. Foreign Direct Investment: International Investment Law and Natural Resource Governance Jorge E. Viñuales 3. International Trade: Natural Resources and the World Trade Organization Kati Kulovesi 4. Natural Resources and Human Rights Francesco Francioni 5. Corruption and Conflict Emanuela Orlando 6. Corporate Accountability Elisa Morgera PART II RESOURCES UNDER NATIONAL JURISDICTION Section A: Biological Resources 7. Land: Lorenzo Cotula 8. Forests: Learning Lessons from our Interventions Feja Lesniewska 9. Fisheries Alexander Proelss 10. Wildlife and Landscapes Arie Trouwborst 11. Genetic Resources Claudio Chiarolla Section B: Energy 12. Oil and Gas: International Petroleum Regulation Kim Talus 13. Renewable Energy Rafael Leal-Arcas and Stephen Minas 14. Biofuels Max Jansson and Seita Romppanen Section C: Other Resources 15. Water Owen Mcintyre 16. Minerals Michael Kidd 17. Arctic Resources: Exploitation of Natural Resources in the Arctic from the Perspective of International Law Timo Koivurova PART III RESOURCES BEYOND NATIONAL JURISDICTION 18. High Seas Fisheries Richard Barnes and Carmino Massarella 19. Resources of the International Seabed Area James Harrison 20. Marine Genetic of Resources in Areas Beyond National Jurisdiction: Soul Searching and the Art of Balance Charlotte Salpin 21. Antarctica Resources: Economic Activities in Antarctica: Resources and Legal Regimes Julia Jabour PART IV ACTORS AND INSTITUTIONS 22. International Law-Making Ben Boer 23. Global Governance: Problem Shifting in the Anthropocene and the Limits of International Law Rakhyun E. Kim and Harro Van Asselt 24. International Dispute Settlement: The Settlement of Investment Disputes Concerning Natural Resources - Applicable Law and Standards of Review Federico Ortino and Nima Mersadi Tabari Conclusions: A Research Agenda on International Law and Natural Resources Elisa Morgera and Kati Kulovesi Index
£237.00
Edward Elgar Publishing Ltd Decision Making in Environmental Law
Book SynopsisThe Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. The concise and accessible chapters provide an international scope and detailed bibliographies that allow readers to explore issues in depth. Topics include: the role of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals. This volume offers a complete exploration of the complicated issue of environmental decision making. It is ideal as an introduction for students, as a reference point for scholars, and as a comprehensive guide for practitioners.Contributors include: W.L. Andreen, J. Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S. Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H. Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L. Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S. Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker, B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C. Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick, M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. ZellmerTrade Review'The topic of ''Decision Making in Environmental Law'' encompasses a vast and complex milieu of regulation, legal principles, administrative procedures and discretion. The subject matter plays out in multiple legal dimensions, including legislation and common law, private and public law, and international, federal and domestic law. Paddock, Glicksman and Bryner have brought together a veritable ''Who's Who'' of leading environmental scholars to produce an excellent collection of chapters that bring order to, and provide incisive analysis of, the multi-dimensional legal landscape of modern environmental decision-making. This volume should be the first point of reference for scholars, students, members of the judiciary and regulators with an interest in the topic.' --David Grinlinton, The University of Auckland, New Zealand and Western University, CanadaTable of ContentsContents: Series Foreword by Jamie Benidickson and Yves Le Bouthillier, Introduction by Robert L. Glicksman and LeRoy C. Paddock 1. Global Environmental Constitutionalism: A Rights-Based Primer for Effective Strategies Erin Daly and James R. May 2. International Law and Processes Carl Bruch and John Broderick 3. The Courts, Nuisance and Environmental Pollution—A matter of will? Karen Morrow 4. Federal Preemption and Displacement of Environmental Statutes and Common Law Claims Sandra Zellmer 5. The Intersection Between Environmental Law and Tort Law Maria Lee 6. The Public Trust Doctrine in Environmental Decision Making Mary Christina Wood and Gordon Levitt 7. Environmental Federalism: A View from the United States Kirsten H. Engel 8. Allocation of environmental lawmaking powers in Brazil Guilherme J. S. Leal 9. Environmental Decision Making of Local Governments Sean F. Nolon 10. Participation in environmental decision making in European Law Jessica Makowiak 11. Access to Information: International Perspective Eric A. DeGroff 12. Goal Setting in Environmental Decision Making John C. Dernbach 13. Regulatory Strategy Diversity in United States Environmental Law William W. Buzbee 14. Market-Based Control Strategies Victor B. Flatt 15. Decisions About Emissions Trading Design David M. Driesen 16. Information Mandates as Environmental Regulation Bradley C. Karkkainen 17. The Law of Environmental Planning Dave Owen 18. Motivating without Mandates? The Role of Voluntary Programs in Environmental Governance Cary Coglianese and Jennifer Nash 19. Private Environmental Governance Sarah E. Light and Michael P. Vandenbergh 20. Cost-Benefit Analysis Amy Sinden 21. The National Environmental Policy Act Daniel R. Mandelker 22. Climate Change and Environmental Impact Assessment Jessica Anne Wentz 23. Public Participation in Environmental Decision Making William Murray Tabb 24. Environmental Justice LeRoy C. Paddock 25. Environmental permits: origins and nature, and recent tendencies Geert Van Hoorick 26. Federalism, Delegated Permitting and Enforcement William L. Andreen 27. Internal Administrative Appeals of Governmental Decisions on the Environment Randolph L. Hill, Michelle A. Wenisch and Suzanne B. Krolikowski 28. Standing and Related Doctrines Bradford C. Mank 29. Judicial Review of Agency Statutory Interpretations in Environmental Law Heather Elliott 30. Judicial Review of Agency Environmental Decision Making Emily Hammond 31. Citizen Enforcement Karl S. Coplan 32. Public Intervenors and Public Funding in Environmental Decision Making Nicholas S. Bryner 33. Are International Courts the Best Adjudicators of Environmental Disputes? Itzchak E. Kornfeld 34. Environmental Courts and Tribunals George (Rock) Pring and Catherine (Kitty) Pring Index
£228.00
Edward Elgar Publishing Ltd Research Handbook on Climate Change and Trade Law
Book SynopsisThe interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues.The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment.This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law.Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. ZhangTrade ReviewThis is a fascinating volume in which the complicated relationship between climate change, trade and investment law is analyzed by leading scholars in this domain in an exhaustive manner. A must for anyone interested in the broad relationship between climate change and trade law.' --Michael Faure, Maastricht University and Erasmus School of Law, the Netherlands and Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium'This volume provides a comprehensive and up-to-date analysis of the interactions between public international law, trade law, and climate change law. Delimatsis has assembled an amazing collection of essays by leading scholars in Europe, North America, and Asia on key issues such as carbon taxes, border tax adjustments, climate standards and the market, climate services, investment, human rights, energy policy, and the role of climate in regional trade agreements. This Handbook deserves a place the desk of every climate policymaker.' --Steve Charnovitz, George Washington University'In the wake of the adoption of the 2015 Sustainable Development Goals and the Paris Climate Change Agreement, the world is getting serious about sustainability. Nowhere do the challenges of charting a sustainable future come into sharper focus than at the intersection of trade law and climate change, which makes Panagiotis Delimatsis's Research Handbook on Climate Change and Trade Law critical reading for practitioners and scholars alike.' --Dan Esty, Yale UniversityTable of ContentsContents: Introduction: Climate change and trade law—challenges for governance and coordination Panagiotis Delimatsis PART I CLIMATE CHANGE AND THE ROLE OF THE WTO: THEORETICAL UNDERPINNINGS 1. Common Concern and the Legitimacy of the WTO in Dealing with Climate Change Thomas Cottier and Tetyana Payosova 2. Common but Differentiated Responsibilities in Transnational Climate Change Governance and the WTO: A Tale of Two ‘Interconnected Worlds’ or a Tale of Two ‘Crossing Swords’? Anastasios Gourgourinis 3. Duty to Protect, Climate Change and Trade Krista Nadakavukaren Schefer and Pablo Arnaiz PART II CLIMATE CHANGE AND THE WORLD TRADE ORGANIZATION: TOPICAL ISSUES 4. Carbon Taxes, PPMs and the GATT Erich Vranes 5. WTO Law Constraints on Carbon Credit Mechanisms and Export Border Tax Adjustments Joel P. Trachtman 6. Feed-in Tariffs and the WTO Regulation of Subsidies – A Moment of Progressive Adjudication in Canada – Renewable Energy Sadeq Z. Bigdeli 7. Sustainable Standard-Setting, Climate Change and the TBT Agreement Panagiotis Delimatsis 8. Climate Change and Services Trade: What Role for the GATS? Michaël Alder, Aik Hoe Lim, and Ruosi Zhang 9. Trade Wars in the TRIPS Council: Intellectual Property, Technology Transfer, and Climate Change Matthew Rimmer PART III CLIMATE CHANGE AND TRADE IN PERSPECTIVE: CURRENT CHALLENGES 10. Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security? Vitaliy Pogoretskyy and Sergii Melnyk 11. Food Security and Agricultural Trade: An Early Warning for Climate Change! Joseph A. McMahon 12. The WTO Environmental Goods Agreement: From Multilateralism to Plurilateralism Mark Wu 13. Climate Change, Green Paradox Models and International Trade Rules Roy Andrew Partain PART IV CLIMATE CHANGE AND TRADE: GLOBAL AND REGIONAL PERSPECTIVES 14. Trade Measures to Address Climate Change: Territory and Extraterritoriality Margaret A. Young 15. EU Climate Law and the WTO Emily Reid 16. EU Climate Law and Human Rights: New Prospects for Judicial Environmental Activism? Floor Fleurke 17. Climate Change in the TPP and the TTIP James Munro PART V CLIMATE CHANGE, TRADE AND INVESTMENT 18. Climate Change and Investor-State Dispute Settlement: Identifying the Linkages Angelos Dimopoulos 19. The Complex Relationship between International Investment Law and Climate Change Initiatives: Exploring the Tension J. Anthony VanDuzer 20. Rules and Disputes on Foreign Investment in Renewable Energies – Exploring the Nexus of Trade and Investment Treaties Julien Chaisse Conclusion 21. Climate change mitigation and the WTO framework Ludivine Tamiotti and Daniel Ramos Index
£228.00
Edward Elgar Publishing Ltd Research Handbook on International Energy Law
Book SynopsisInternational energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy.This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means.Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hobér, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. YafimavaTrade Review‘The book's diverse topics, and impressive array of authors will make it a useful resource to a wide array of energy lawyers. The world's energy, environmental, and economic goals present a monumental hill to climb; the Research Handbook on lntemational Energy Law should be welcomed for beginning to illuminate the path.’ -- James W.Coleman, International Energy Law ReviewTable of ContentsContents: PART I: INTRODUCTION 1. Internationalisation of Energy Law Kim Talus 2. Institutional Actors in International Energy Law Sijbren de Jong and Jan Wouters 3. Interface Between National and International Energy Law Stephan W. Schill PART II: INTERNATIONAL ENERGY INVESTMENTS 4. Multilateral and Bilateral Energy Investment Treaties: Do We Need a Global Solution? Energy Charter Treaty as Objective Result of Evolution of the International Energy Markets and Instruments of Investment Protection and Stimulation Andrey A. Konoplyanik 5. In Search of Investment Stability Peter Cameron 6. World Petroleum Regimes Mohd Naseem and Saman Naseem 7. Energy and International Boundaries Tim Martin PART III: INTERNATIONAL DISPUTE SETTLEMENT AND ENERGY 8. International Arbitration and Energy: How Energy Disputes Shaped International Dispute Resolution Aníbal Sabater and Mark Stadnyk 9. Recent Trends in Energy Disputes Kaj Hobér 10. The Role of the Court of Justice of European Union in the Energy Market Liberalization Sirja-Leena Penttinen PART IV: INTERNATIONAL TRADE IN ENERGY 11. The WTO Agreements and Energy Yulia Selivanova 12. The International Legal Instruments for Cross-border Pipelines Ishrak Ahmed Siddiky 13. Contractual Issues in International Gas Trade: LNG – the Key to the Golden Age of Gas Peter Roberts and Ruchdi Maalouf PART V: INTERNATIONAL POVERTY, HUMAN RIGHTS AND ENERGY 14. Policy, Law, and the Actualization of the Right of Access to Energy Services Yinka Omorogbe 15. Renewable Energy for Food and Water Security Projects in Dry-Land Countries: Towards a Model Legal Framework for the Qatar National Food Security Programme Rudiger P. Tscherning PART VI: ENERGY AND SUSTAINABILITY 16. Promotion of Renewable Electricity: Free Trade and Domestic Industrial Development Anton Ming-Zhi Gao 17. EU Energy Efficiency Regulation and Governance: Lessons for the US? Lynne Holt and Mary Galligan PART VII: CONTEMPORARY ISSUES IN INTERNATIONAL ENERGY LAW 18. Corruption and the Energy Sector: Inevitable Bedfellows? Lucinda A. Low and Richard J. Battaglia 19. Transparency and International Energy Tonje Pareli Gormley 20. The Regulation of Oil Spills from Offshore Installations Alex Wawryk 21. Transit: The EU Energy Acquis and the Energy Charter Treaty Katja Yafimava 22. International Energy Law, Institutions and Geopolitics Andrei V. Belyi Index
£52.20
Edward Elgar Publishing Ltd Implementing Environmental Law
Book SynopsisThis insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance.A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance.This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. XiTrade Review'The effective implementation as distinct from the enforcement of environmental laws depends upon a range of discrete factors. These include institutional, cultural, social, economic, political as well as traditional legal influences and perspectives. This series of essays explains and analyses the theoretical underpinnings of the relationship between all of these factors and the methodology appropriate to determining in practice whether environmental laws are being implemented so that their objectives are being achieved. This involves a review of the growing theoretical literature and a discussion of a significant number of examples, international, regional, national and local, which assess the extent of effective implementation of the relevant legal rules. The strength of these essays is two fold: the depth of the theoretical discourse and the breadth of the indicative practical examples. These essays will add considerable grist to the intellectual mill of those interested in the perception of environmental governance as an emerging global system.' --Douglas Fisher, Queensland University of Technology, AustraliaTable of ContentsContents: Introduction: A Jurisprudence of Environmental Governance? Paul Martin and Amanda Kennedy 1. Accelerating the Evolution of Environmental Law through Continuous Learning from Applied Experience Paul Martin and Donna Craig 2. Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model Wang Xi, Richard L. Ottinger, Nicholas A. Robinson, Albert K. Butzel, Marla E. Wieder, John Louis Parker, Taryn L. Rucinski, Radina R. Valova and Wang Pianpian 3. Putting the Train of Environmental Protection on Track: Nova Scotia's Experiment in Using Legislation to Strengthen Environmental Law Meinhard Doelle and William Lahey 4. Has Environmental Impact Assessment (EIA) Lost Credibility? Recent Concerns from Australia and Canada Wayne Gumley 5. Contamination and the Polluter Pays Principle Emma Lees 6. Possible Legal Obligations to Consult Tanya Howard and Solange Teles Da Silva 7. Implementing International Water Agreements Alistair Rieu-Clarke and Josefin Gooch 8. Fouling Adam's Eden: A Legal Analysis of the Collective Action Challenge in Lake Victoria Omondi Robert Owino 9. Marine Protection Treaties in Antarctic Waters: Fragmentation or Coordination in International Treaty Implementation Gregory Rose 10. The Effectiveness of Instrument Mixes in Environmental Law: Insights from Ship-source Pollution Javier de Cendra 11. Implementing Environmental Law and Collaborative Governance Cameron Holley and Andrew Lawson 12. Private Environmental Enforcement: Using Supply Chain Requirements to Achieve Better Environmental Outcomes LeRoy Paddock and Molly Masterton 13. Hybrid Governance and ‘Wicked’ Natural Resource Risks Paul Martin and Peter Noble 14. Regulators Networks: Collaborative Agency Approaches to the Implementation and Enforcement of Environmental Law Grant Pink and Robyn Bartel Index
£35.10
Edward Elgar Publishing Ltd Water and the Law: Towards Sustainability
Book SynopsisWater and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. WuTrade Review‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction: Water and the Law – Towards Sustainability Michael Kidd and Loretta Feris PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW 2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation Patricia Wouters 3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam Habtamu Alebachew 4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin Emmanuel B. Kasimbazi 5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy Adrien Bodart PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT 6. A Jurisprudential Model for Sustainable Water Resources Governance Douglas E. Fisher 7. Sustainability, Governance and Water Management in New Zealand Trevor Daya-Winterbottom 8. The Protection of Riparian Forests and Water Resources Conservation in Brazil Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva 9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin Ganesh Keremane, Jennifer McKay and Zhifang Wu 10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests Niko Soininen 11. Water Law: Adapting to Climate Change in South-Eastern Australia? Anita Foerster 12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change Marleen van Rijswick and Imelda U. Tappeiner 13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process Ramin Pejan, Derick du Toit and Sharon Pollard PART III THE RIGHT OF ACCESS TO WATER 14. The Right to Water and its Misconceptions, Between Developed and Developing Countries Nicola Lugaresi 15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve Alexander Ross Paterson Index
£137.00
Edward Elgar Publishing Ltd Water and the Law: Towards Sustainability
Book SynopsisWater and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. WuTrade Review‘With its extensive footnoting the book also functions as an immensely rich resource of further references to further information, which will certainly delight researchers. Environmental lawyers and environmentalists alike will welcome this book as a valuable contribution to the current literature on this vital subject.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction: Water and the Law – Towards Sustainability Michael Kidd and Loretta Feris PART I INTERNATIONAL AND TRANSBOUNDARY WATER LAW 2. ‘Dynamic Cooperation’ – The Evolution of Transboundary Water Cooperation Patricia Wouters 3. International Legal Perspectives on the Utilization of Trans-Boundary Rivers: The Case of the Ethiopian Renaissance (Nile) Dam Habtamu Alebachew 4. The Complexities of Developing a Transboundary Water Resources Management Agreement: Experiences from the Nile Basin Emmanuel B. Kasimbazi 5. Transboundary Groundwater Management: Comparison between International Law Guidelines and EU Water Policy Adrien Bodart PART II DOMESTIC WATER GOVERNANCE AND INTEGRATED WATER RESOURCES MANAGEMENT 6. A Jurisprudential Model for Sustainable Water Resources Governance Douglas E. Fisher 7. Sustainability, Governance and Water Management in New Zealand Trevor Daya-Winterbottom 8. The Protection of Riparian Forests and Water Resources Conservation in Brazil Mauricio D. dos Santos, Carolina Dutra, Vladimir Garcia Magalhães and José Carlos L. da Silva 9. Achieving Ecologically Sustainable Development in Multi-level Water Governance Regimes: The Case of the Murray Darling Basin Ganesh Keremane, Jennifer McKay and Zhifang Wu 10. Weighing of Interests in the Finnish Water Law – From Financial Evaluation to Normative Weight of Interests Niko Soininen 11. Water Law: Adapting to Climate Change in South-Eastern Australia? Anita Foerster 12. Developing an Institutional Legal Framework for Sustainable Regional Water Management in Times of Climate Change Marleen van Rijswick and Imelda U. Tappeiner 13. Using Progressive Realization and Reasonableness to Evaluate Implementation Lags in the South African Water Management Reform Process Ramin Pejan, Derick du Toit and Sharon Pollard PART III THE RIGHT OF ACCESS TO WATER 14. The Right to Water and its Misconceptions, Between Developed and Developing Countries Nicola Lugaresi 15. The Endless Struggle of Indigenous Peoples in Protected Areas – The Bushman’s Challenge for Water Rights in the Central Kalahari Game Reserve Alexander Ross Paterson Index
£40.80
Edward Elgar Publishing Ltd Enforcement of Environmental Law
Book SynopsisIt is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law.Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.Trade Review‘This Research Collection by Ludwig Krämer fills a gap in the legal research related to the enforcement of environmental law. It provides a well reasoned and comprehensive collection of the existing literature on this topic, analysed from different perspectives (international, European and national) as well as covering different aspects, ranging from methodological to substantive issues. The book represents an indispensable reference point for all scholars interested in understanding the most relevant aspects and the most important lessons to be learnt related to the enforcement of environmental law.’ -- Massimiliano Montini, University of Siena, ItalyTable of ContentsContents: Introduction Ludwig Krämer PART I STRATEGIES, PHILISOPHY, GENERAL QUESTIONS 1. Cheryl E. Wasserman (1990), ‘An Overview of Compliance and Enforcement in the United States: Philosophy, Strategies and Management Tools’, International Enforcement Workshop, May 8–10, 1990: Proceedings, Chapter I, Volume I, Utrecht, the Netherlands: Ministry of Housing, Physical Planning and Environment, and Washington, DC, USA: United States Environmental Protection Agency, 7–45 2. Gertrude Lübbe-Wolff (2001), ‘Efficient Environmental Legislation - On Different Philosophies of Pollution Control in Europe’, Journal of Environmental Law, 13 (1), 79–87 3. Richard Macrory (2013), ‘Sanctions and Safeguards: The Brave New World of Regulatory Enforcement’, Current Legal Problems, 66 (1), 233–66 4. Marcia E. Mulkey (2004), ‘Judges and Other Lawmakers: Critical Contributions to Environmental Law Enforcement’, Sustainable Development Law and Policy, IV (1), Spring, 2–16 5. Lesley K. McAllister, Benjamin van Rooij and Robert A. Kagan (2010), ‘Reorienting Regulation: Pollution Enforcement in Industrializing Countries’, Law and Policy, 32 (1), January, 1–13 PART II ENFORCEMENT AND PUBLIC AUTHORITIES 6. David M. Konisky (2007), ‘Regulatory Competition and Environmental Enforcement: Is There a Race to the Bottom?’, American Journal of Political Science, 51 (4), October, 853–72 7. Reiner-Jörg Hüper (2004), ‘Application of Criminal Environmental Law in Germany’, in Françoise Comte and Ludwig Krämer (eds), Environmental Crime in Europe: Rules of Sanctions, Chapter 14, Groningen, Germany: Europa Law Publishing, 149, 151–58 8. K.J. de Graaf and J.H. Jans (2007), ‘Colloquium Article: Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards’, Pace Environmental Law Review, 24 (2), Summer, 377–98 9. United States Environmental Protection Agency (2011), ‘EPA Must Improve Oversight of State Enforcement’, Report No. 12-P-0113, December 9, 2011, Chapter 2, Washington, DC, USA: United States Environmental Protection Agency, 6–24 10. Eugene Mazur (2011), ‘Environmental Enforcement in Decentralised Governance Systems: Toward a Nationwide Level Playing Field’, OECD Environment Working Papers No.34, Paris, France: OECD Publishing, i, 9–40 PART III ENFORCEMENT OF INTERNATIONAL AGREEMENTS 11. Jutta Brunnée (2005), ‘Enforcement Mechanisms in International Law and International Environmental Law’, elni Review, 1, 1–12 12. Michael Bothe (1996), ‘The Evaluation of Enforcement Mechanisms in International Environmental Law: An Overview’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 13–38 13. Winfried Lang (1996), ‘Trade Restrictions as a Means of Enforcing Compliance with International Environmental Law: Montreal Protocol on Substances that Deplete the Ozone Layer’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 265–83 14. Alexandra González-Calatayud and Gabrielle Marceau (2002), ‘The Relationship between the Dispute-Settlement Mechanisms of MEAs and those of the WTO’, Review of European Community and International Environmental Law, 11 (3), November, 275–86 15. Gebhard Kirchgässner and Ernst Mohr (1996), ‘Trade Restrictions as Viable Means of Enforcing Compliance with International Environmental Law: An Economic Assessment’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 199–226 16. Veit Koester (2007), ‘The Compliance Committee of the Aarhus Convention: An Overview of Procedures and Jurisprudence’, Environmental Policy and Law, 37 (2–3), 83–96 17. Jonas Ebbesson (2007), ‘Implementing and Enforcing the Baltic Sea Convention Through European Community Law’, in Martin Führ, Rainer Wahl and Peter von Wilmowsky (eds), Umweltrecht und Umweltwissenschaft: Festschrift für Eckard Rehbinder, Berlin, Germany: Erich Schmidt Verlag, 693–704 18. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European Community and International Environmental Law, 22 (3), November, 251–63 PART IV ENFORCING EU ENVIRONMENTAL LAW 19. Koen Lenaerts and José A. Gutiérrez-Fons (2011), ‘The General System of EU Environmental Law Enforcement’, Yearbook of European Law, 30 (1), 3–41 20. Ken Collins and David Earnshaw (1992), ‘The Implementation and Enforcement of European Community Environment Legislation’, Environmental Politics, Special Issue: A Green Dimension for the European Community: Political Issues and Processes, 1 (4), November, 213–49 21. Liam Cashman (2006), ‘Commission Compliance Promotion and Enforcement in the Field of the Environment’, Journal for European Environmental and Planning Law, 3 (5), 385–94 22. Brian Jack (2011), ‘Enforcing Member State Compliance with EU Environmental Law: A Critical Evaluation of the Use of Financial Penalties’, Journal of Environmental Law, 23 (1), March, 73–95 23. Martin Hedemann-Robinson (2012), ‘EU Enforcement of International Environmental Agreements: The Role of the European Commission’, European Energy and Environmental Law Review, 21 (1), February, 2–30 24. Suzanne Kingston (2013), ‘Mind the Gap: Difficulties in Enforcement and the Continuing Unfulfilled Promise of EU Environmental Law’, in European Perspectives on Environmental Law and Governance, Chapter 7, Abingdon, UK and New York, NY, USA: Routledge, 147–76 PART V ENFORCEMENT BY CIVIL SOCIETY 25. Jan Darpö (2013), ‘Effective Justice? Synthesis Report of the Study on the Implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union’, in Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina (eds), National Courts and EU Environmental Law, Chapter 8, Groningen, the Netherlands: Europa Law Publishing, 167, 169–212 26. Jan H. Jans and Albert T. Marseille (2010), ‘The Role of NGOs in Environmental Litigation against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands’, Journal of Environmental Law, 22 (3), 373–90 27. Jennifer Cassel (2007), ‘Enforcing Environmental Human Rights: Selected Strategies of US NGOs’, Northwestern Journal of International Human Rights, 6 (1), Fall, 104–27 28. Ludwig Krämer (2014), ‘EU Enforcement of Environmental Laws: From Great Principles to Daily Practice – Improving Citizen Involvement’, Environmental Policy and Law, 44 (1–2), 247–56 29. Christian Schall (2008), ‘Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?’, Journal of Environmental Law, 20 (3), 417–53 PART VI SPECIFIC COUNTRIES 30. Joel A. Mintz (2013), ‘Assessing National Environmental Enforcement: Some Lessons from the United States' Experience’, Georgetown International Environmental Law Review, 26 (1), Fall, 1–12 31. Christopher N. Behre (2003), ‘Mexican Environmental Law: Enforcement and Public Participation Since the Signing of NAFTA’s Environmental Cooperation Agreement’, Journal of Transnational Law and Policy, 12 (2), Spring, 327–43 32. Carlos Wing-Hung Lo, Gerald E. Fryxell, Benjamin van Rooij, Wei Wang and Pansy Honying Li (2012), ‘Explaining the Enforcement Gap in China: Local Government Support and Internal Agency Obstacles as Predictors of Enforcement Actions in Guangzhou’, Journal of Environmental Management, 111, November, 227–35 33. Benjamin van Rooij and Carlos Wing-Hung Lo (2010), ‘Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law’, Law and Policy, 32 (1), January, 14–37 34. Liam Cashman (2013), ‘Commission Enforcement of EU Environmental Legislation in Ireland: A 20-Year Retrospective’, in Suzanne Kingston (ed.), European Perspectives on Environmental Law and Governance, Chapter 8, Abingdon, UK and New York, NY, USA: Routledge, 177–96 35. Michael G. Faure and Katarina Svatikova (2010), ‘Enforcement of Environmental Law in the Flemish Region’, European Energy and Environmental Law Review, 19 (2), April, 60–79 PART VII SPECIFIC INSTRUMENTS 36. Victor B. Flatt and Paul M. Collins Jr. (2011), ‘Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free’, Environmental Law Reporter, 41 (8), 10679–85 37. Michael Bothe (2006), ‘Ensuring Compliance with Multilateral Environmental Agreements – Systems Of Inspection and External Monitoring’, in Ulrich Beyerlin, Peter-Tobias Stoll and Rüdiger Wolfrum (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue Between Practitioners and Academia, Leiden, the Netherlands and Boston, MA: Koninklijke Brill NV, 247–58 38. Wayne B. Gray and Jay P. Shimshack (2011), ‘The Effectiveness of Environmental Monitoring and Enforcement: A Review of the Empirical Evidence’, Review of Environmental Economics and Policy, 5 (1), Winter, 3–24 39. Marjan Peeters (2006), ‘Enforcement of EU Greenhouse Gas Emissions Trading Scheme’, in Marjan Peeters and Kurt Deketelaere (eds), EU Climate Change Policy: The Challenge of New Regulatory Initiatives, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing Ltd, 169–87 40. Michael Watson (2006), ‘The Use of Criminal and Civil Penalties to Protect the Environment: A Comparative Study’, European Environmental Law Review, 15 (4), April, 108–13 Index
£369.00
Edward Elgar Publishing Ltd Research Handbook on Emissions Trading
Book SynopsisThe Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing upon law, economics and, at times, political science, to present relevant research strands in a clear and multifaceted way. Its comprehensive mix of theoretical analysis and experiences from existing trading systems offers insights that can be applied around the world.The expert contributors bring together views from different disciplinary and geographic perspectives. This multifaceted examination of economic and legal origins, implementation problems and the emerging international aspect of emissions trading identifies key bodies of research for both upcoming and seasoned academics in the field and highlights future research opportunities. Its broad and accessible approach touches on climate law, environmental law and environmental governance. This Research Handbook will appeal strongly to academics and postgraduate students, as well as providing valuable insights for regulators, government officials and practitioners who are involved in emissions trading.Contributors include: H. Chen, D.H. Cole, C. de Perthuis, A.F. Gubina, F. Gullì, B. Hinterman, K. Holzer, C. Kettner, E. Kosolapova, A. Nentjes, K. Nield, M. Peeters, R. Pereira, K.S. Rogge, R. Trotignon, A. Tuerk, J. van ZebenTrade Review'For all its conceptual simplicity, emissions trading has proven a remarkably challenging policy instrument to implement in practice. With a growing number of jurisdictions around the world embracing carbon markets to achieve their climate targets, an improved understanding of instrument design and operation - including the complex spillover dynamics encountered in existing systems - has never been more critical. This book, ably edited by a leading scholar in the field, makes an important and timely contribution to the literature, bringing together experts from a wide variety of backgrounds to dissect the accumulated body of empirical evidence and expand the boundaries of our knowledge on emissions trading.' --Michael A. Mehling, Massachusetts Institute of Technology'If trading of any kind of emission rights is to play a role in future environmental regulation, we had better learn sound lessons from past experience. Led by the formidable Dr Weishaar, this volume does exactly that. Readers will find exquisite analysis of the pros and cons of current trading efforts. A treasure trove of analysis.' --Geert van Calster, Katholieke Universiteit Leuven, Belgium'This Research Handbook is a marvelous overview of all challenges and dimensions that could and do arise concerning emissions trading. The legal and economic dimensions of emission trading are critically discussed and attention is also paid to the way in which emission trading functions in various jurisdictions. This volume will therefore be of great interest and help to anyone interested in obtaining more insights into the specificities of this fascinating policy instrument.' --Michael Faure, Maastricht University, the NetherlandsTable of ContentsContents: 1. Introduction Stefan E. Weishaar PART I ECONOMIC AND LEGAL ORIGINS 2. Origins of Emissions Trading in Theory and Early Practice Daniel H. Cole 3. Emission Targets and Variants of Emissions Trading Andries Nentjes 4. Analyses of Allowance Transactions - Firm Behaviour in the First Trading Phase and Learnings from the Data Claudia Kettner PART II IMPLEMENTATION PROBLEMS 5. Emissions Trading and Market Manipulation Beat Hintermann 6. Enforcement of Emissions Trading - Sanction Regimes of Greenhouse Gas Emissions Trading in the EU and China Marjan Peeters and Huizhen Chen 7. Windfall Profits in the EU ETS Power Sector Francesco Gullì 8. Reviewing the Evidence on the Innovation Impact of the EU Emission Trading System Karoline S. Rogge 9. Financial Crimes in the European Carbon Markets Katherine Nield and Ricardo Pereira 10. Implementation Challenges for Emission Trading Schemes: The Role of Litigation Josephine van Zeben 11. Emissions Trading Systems and International Liability of Single Major Emissions Sources Elena Kosolapova 12. Allowance “Surplus” and Governance Implications Christian de Perthuis and Raphael Trotignon PART III INTERNATIONAL DIMENSION 13. Linking Emission Trading Schemes: Concepts, Experiences and Outlook Andreas Tuerk and Andrej F. Gubina 14. Emissions Trading and WTO Law Kateryna Holzer Index
£166.00
Edward Elgar Publishing Ltd Transboundary Pollution: Evolving Issues of
Book SynopsisTransboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution.Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice.Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy.Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. TayTable of ContentsContents: Acknowledgements Introduction S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan PART I TRANSBOUNDARY POLLUTION: GENERAL PRINCIPLES AND STATE RESPONSIBILITY 1. Transboundary Pollution: Principles, Policy and Practice Catherine Redgwell 2. Transboundary Pollution in a Global Economy: General Principles and Problems in Practice Simon Tay 3. Unpacking the Elements of State Responsibility Claims for Transboundary Pollution, Jacqueline Peel PART II TRANSBOUNDARY POLLUTION: PROBLEMS AND PROSPECTS 4. Pollution of Shared Freshwater Resources in International Law Stephen C. McCaffrey 5. Environmental Impact Assessment in Preventing Transboundary River Pollution under International Law: An Analysis Lan Hua 6. State Responsibility and Transboundary Marine Pollution Robert Beckman 7. Transboundary Pollution from Offshore Activities: A Study of the Montara Offshore Oil Spill Youna Lyons 8. Preventing Transboundary Nuclear Pollution: A Post-Fukushima Legal Perspective Günther Handl 9. Transboundary Air Pollution: A Tale of Two Paradigms Alan Boyle PART III: COOPERATIVE MECHANISMS FOR ADDRESSING TRANSBOUNDARY POLLUTION 10. The Principle and Duty to Cooperate: The Case of Conventions on Transboundary Pollution in Europe Hans Christian Bugge 11. Evaluating the (In)effectiveness of ASEAN Cooperation against Transboundary Air Pollution Laode M Syarif 12. ‘Can’t We Even Share Maps?’: Cooperative and Unilateral Mechanisms to Combat Forest Fires and Transboundary “Haze” in Southeast Asia Alan Khee-Jin Tan 13. Legal Redress of Transboundary Air Pollution through Environmental Cooperation Nicholas A Robinson Index
£139.00
Edward Elgar Publishing Ltd Waste Policy: International Regulation,
Book SynopsisGenerating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.'- Malgosia Fitzmaurice, Queen Mary University of London, UK'Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.'- Klaus Bosselmann, University of Auckland, New ZealandFrom human waste to nuclear waste, the question of how we must manage what we no longer want, in terms of either recycling or disposal, is one of the most pressing issues in environmental law. Alexander Gillespie addresses the gaps in previous literature by incorporating economics, philosophy and the ideal of sustainable development in order to provide context to the surrounding legal and policy considerations for the management of waste.The book's premise is that all forms of waste are expanding exponentially, and are often of a hazardous nature. The author examines the size of the problem, considers how it is evolving, and assesses the legal and political implications. He then shows that existing solutions to reducing consumption and recycling are limited, and concludes by discussing potential ways forward.Students and scholars with an interest in environmental law at the national, regional and international level will find this book to be of use. The book will also be of interest to practitioners looking to solve the issues surrounding waste and recycling.Trade Review‘Generating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.‘ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.’ -- Klaus Bosselmann, University of Auckland, New Zealand‘Edward Elgar Publishing is once again to be congratulated for raising another contemporary subject which involves us all: this time it is how we should deal with the subject of waste with the publication of Waste Policy which all environmentalists will find absorbing reading.’ -- The Barrister MagazineTable of ContentsContents: 1. Introduction 2. Five Certainties on Waste 3. The Waste Hierarchy 4. Recycling 5. Disposal into the Air 6. Disposal into the Land 7. Disposal into the Ocean 8. Human Waste 9. Nuclear Waste 10. Conclusion Index
£94.00