Public international law: environment Books

Book SynopsisThis book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy-making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture - a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.'- Michael Trebilcock, University of Toronto, Canada'Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.'- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural RightsThe concept of sustainable development has become a fundamental discourse in international decision making. To enable pragmatic sustainable development governance, legally coherent, mutually supportive multilateral treaties are both necessary and important. This timely book provides an accessible insight into how the concept of sustainable development can be made operational for coherent law making through its translation into legal terms.The book is split into two informative points of inquiry. The first part of the book explores the origins of the sustainable development debate and sheds light on how the international community has inadequately operationalized the concept to utilize its full potential. In this view, Elisabeth Bürgi Bonanomi illustrates how sustainable development can facilitate coherent international law making when it is understood as a multidimensional legal principle and methodical norm. The second part of the book adopts this notion as an analytical lens on the WTO Agreement on Agriculture, placing the focus specifically on food security and food sustainability. The overarching discussion contributes to one of the most intricate debates of international food governance and investigates the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.Providing a comprehensive overview of sustainable development law, its origins, and its current theories, scholars and students with a background in international public law, trade, and investment law, development and human rights law, international relations, and environmental policy will find this book a valuable reference tool. Practitioners and policy-makers will benefit from the insight into the search for politically coherent and sustainable legal agreements.Trade Review‘This book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture – a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.’ -- Michael Trebilcock, University of Toronto, Canada‘Sustainable development, now made fully operational thanks to the contribution of Elisabeth Bürgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.’ -- Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural Rights‘Understanding the problems of global food governance through the lens of sustainable development provides an important way of reinvigorating the increasingly fractious debate about how, if at all, the WTO Agreement on Agriculture should be changed to accommodate the contemporary challenges of global food security. Elisabeth Bürgi Bonanomi’s book is an interesting and very welcome addition to the literature.’ -- Fiona Smith, Warwick University, UK* Following quote should not be used without the express permission of the author‘Elisabeth Bürgi Bonanomi’s book is a refreshing new look at an established concept. Many believe ‘sustainable development’ need not be explained to them. Think again. By reviewing the concept’s origins and tracking its application in treaty and case-law alike, this book offers a much needed revisit of an issue core to international environmental law.’ -- Geert van Calster, University of Leuven, BelgiumTable of ContentsContents: PART I THE FOUNDATIONS OF SUSTAINABLE DEVELOPMENT 1. History of the Concept of Sustainable Development 2. Conceptual and Institutional Approaches Towards Sustainable Development PART II SUSTAINABLE DEVELOPMENT IN INTERNATIONAL LAW 3. International Sustainable Development Law: A New Branch of Law 4. Notion of Legal Coherence in the Context of Sustainable Development 5. Status of the Principle of Sustainable Development in International Law PART III TRADE IN AGRICULTURE ASSESSED FOR COHERENCE 6. The Legal Foundations of the Assessment 7. Legal Principle of Sustainable Development Applied to the Agreement on Agriculture Bibliography Index

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Book SynopsisInformed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China's cooperation with its south Asian neighbors. After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant. This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book's exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.Trade Review'The third pole sits on top of the world, and rightly so. Its pure magnificence steers global action and politics. The fate of the third pole might equal the fate of China and of man-kind, as we probably know it. Thus, one cannot overstate the relevance of this region and the topic overall. This thorough book comes with a new, and overlooked angle: The law, policies and governance instruments for this region so essential for mankind. While one might ponder whether the law for this region, for China and for global governance, acts as we know it in the western world and its courts, there is no doubt that a suitable, effective, fair and sustainable policy scheme is required for this region (also referred to as the 'water towers of the world'). This milestone publication sets the stage and offers us a fresh and hopeful look at the issue. With climate change and many other threats on the rise, we all hope for the best.' --Falk Huettmann, University of Alaska, Fairbanks'Simon Marsden's book is extremely timely and provides a very welcomed addition to the literature on legal frameworks towards the environment in Asia. The book covers a wide variety of legal regimes from southwest to south and southeast Asia with special attention to the Tibetan Plateau and China's approach towards (transboundary) environmental governance. It will be of great help to researchers, planners, legal experts, and policy makers focusing on the protection of one of the world's most unique regions - the ''Third Pole''.' --Clemens Kunze, International Centre for Integrated Mountain Development (ICIMOD), NepalTable of ContentsContents: 1. Introduction: Asian Subregions, Environmental Regimes and Regime Effectiveness 2. Southwest Asia: The Arabian Gulf/Gulf of Oman and the Red Sea/Gulf of Aden Regimes 3. Connecting Central Asia with Southwest, North and Eurasia: The Caspian Sea, Aral Sea, and Sustainable Development Regimes 4. Southeast Asia: The Mekong, Conservation and Haze Pollution Regimes 5. Linking South and East Asia: The Tumen Regime, China and the Third Pole Index

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Book SynopsisThis thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. WilliamsTrade Review'This book makes a very useful contribution to the literature on environmental justice through a series of varied, diverse and distinct contributions that map different areas of this multi-faceted topic. The diverse positions advocated reflect the difficult challenges ahead towards ensuring environmental protection in an equitable and just manner at the national and international levels.' --Philippe Cullet, SOAS, University of London, UK'This is an extended and remarkable excursus into the evolving concept of environmental justice. The Editors have woven several nuggets from various scholars and jurisdictions into an impressive mosaic that will resonate for a long time in this nascent literature. The IUCN Academy of Environmental Law is emerging as an important facilitator of conceptual norms of international environmental law and justice. The welcome drift in the direction of ''environmental justice'' is so compelling that the UNEP Governing Council has recently adopted the first internationally negotiated document to establish the supportive ''environmental rule of law.'' As a player in the important jurisprudence from South Asia on environmental justice, I stand in reverential awe of this tour de force of experiences in other regions toward the promotion of good environmental governance and environmental social justice.' --Parvez Hassan, Hassan and Hassan (Advocates), PakistanTable of ContentsContents: 1. The Search for Environmental Justice Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 2. The Effectiveness of the Law in Providing Access to Environmental Justice: an Introduction The Hon. Justice Brian J. Preston SC 3. The Rule of Law in the Anthropocene Klaus Bosselmann 4. Biodiversity Justice in a Climate Change World: Offsetting the Future Lee Godden and Emily O’Connell PART II RIGHTS-BASED CONCEPTUALISATIONS 5. Human Rights and the Environment Justice Susan Glazebrook 6. No Private Property Rights in the Atmosphere Ben France-Hudson 7. On the Theory and Practice of the Rights of Nature Joel I. Colón-Ríos PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE 8. REDD+ Implementation in Thailand – Legal and Institutional Challenges Wanida Phromlah and Paul Martin 9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Achmad Santosa, Josi Khatarina and Aldilla Stephanie Suwana 10. Consensus Federalism and Freshwater Regulation Amelia Keene 11. International Environmental Governance in the Pacific Island Region Justin Gregory Rose 12. Safe Harbours, Closed Borders? New Zealand Legal and Policy Responses to Climate Displacement in the South Pacific Vernon Rive 13. Overcoming Climate Inertia with Unilateral Action on Black Carbon Anastasia Telesetsky 14. Is There Relief For Transnational Harm? Christopher Chaulk 15. The Australian Biotechnology Regulatory Framework: Issues Concerning Adventitious Presence (AP), Co-existence, Liability and Coherence Ramesh Karky and Mark Perry PART IV RECOGNITION OF INDIGENOUS PEOPLES’ INTERESTS 16. Customary Law Systems for Water Governance in Kenya Elizabeth Gachenga 17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig 18. Inclusive Practices, Innovative Collaboration, Governance and Recognising Cultural Capital: Environmental Law Through a Cultural Lens Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams Index

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Book SynopsisThis thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. WilliamsTrade Review'This book makes a very useful contribution to the literature on environmental justice through a series of varied, diverse and distinct contributions that map different areas of this multi-faceted topic. The diverse positions advocated reflect the difficult challenges ahead towards ensuring environmental protection in an equitable and just manner at the national and international levels.' --Philippe Cullet, SOAS, University of London, UK'This is an extended and remarkable excursus into the evolving concept of environmental justice. The Editors have woven several nuggets from various scholars and jurisdictions into an impressive mosaic that will resonate for a long time in this nascent literature. The IUCN Academy of Environmental Law is emerging as an important facilitator of conceptual norms of international environmental law and justice. The welcome drift in the direction of ''environmental justice'' is so compelling that the UNEP Governing Council has recently adopted the first internationally negotiated document to establish the supportive ''environmental rule of law.'' As a player in the important jurisprudence from South Asia on environmental justice, I stand in reverential awe of this tour de force of experiences in other regions toward the promotion of good environmental governance and environmental social justice.' --Parvez Hassan, Hassan and Hassan (Advocates), PakistanTable of ContentsContents: 1. The Search for Environmental Justice Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien Du Plessis and Amanda Kennedy PART I FRAMING THE SEARCH FOR ENVIRONMENTAL JUSTICE 2. The Effectiveness of the Law in Providing Access to Environmental Justice: an Introduction The Hon. Justice Brian J. Preston SC 3. The Rule of Law in the Anthropocene Klaus Bosselmann 4. Biodiversity Justice in a Climate Change World: Offsetting the Future Lee Godden and Emily O’Connell PART II RIGHTS-BASED CONCEPTUALISATIONS 5. Human Rights and the Environment Justice Susan Glazebrook 6. No Private Property Rights in the Atmosphere Ben France-Hudson 7. On the Theory and Practice of the Rights of Nature Joel I. Colón-Ríos PART III IMPLEMENTATION CHALLENGES OF ENVIRONMENTAL JUSTICE 8. REDD+ Implementation in Thailand – Legal and Institutional Challenges Wanida Phromlah and Paul Martin 9. Indonesia REDD+: Beyond Carbon, More Than Just Forest Mas Achmad Santosa, Josi Khatarina and Aldilla Stephanie Suwana 10. Consensus Federalism and Freshwater Regulation Amelia Keene 11. International Environmental Governance in the Pacific Island Region Justin Gregory Rose 12. Safe Harbours, Closed Borders? New Zealand Legal and Policy Responses to Climate Displacement in the South Pacific Vernon Rive 13. Overcoming Climate Inertia with Unilateral Action on Black Carbon Anastasia Telesetsky 14. Is There Relief For Transnational Harm? Christopher Chaulk 15. The Australian Biotechnology Regulatory Framework: Issues Concerning Adventitious Presence (AP), Co-existence, Liability and Coherence Ramesh Karky and Mark Perry PART IV RECOGNITION OF INDIGENOUS PEOPLES’ INTERESTS 16. Customary Law Systems for Water Governance in Kenya Elizabeth Gachenga 17. Legal Strategies to expand Indigenous Governance in Climate Change Adaptation Donna Craig 18. Inclusive Practices, Innovative Collaboration, Governance and Recognising Cultural Capital: Environmental Law Through a Cultural Lens Johhnie Aseron, Neyooxet Greymorning and Jacqueline Williams Index

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Book SynopsisThis incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law.Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals.This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.Table of ContentsContents: Foreword to the Encyclopedia xi Jamie Benidickson and Yves Le Bouthillier Foreword to Volume XII xii Michael Faure List of abbreviations xiv Introduction to Volume XII 1 Adam DK Abelkop and Lucas Bergkamp PART 1 GENERAL CONCEPTS XII.1 Chemicals as regulatory targets 19 John S Applegate XII.2 Chemical nomenclature: the sentinel at the gate of chemical legislation 35 Herb Estreicher and Rhys G Daniels XII.3 Legislative basis – chemical risk assessment 48 ME (Bette) Meek XII.4 Chemical testing and nonhuman animals 69 Courtney G Lee XII.5 The regulation of toxics and environmental justice: the uneven distribution of pollution 89 Dayna Nadine Scott and Lara Tessaro XII.6 Policy instruments in chemical risk governance 112 Adam DK Abelkop and Kenneth R Richards PART 2 CHEMICALS IN PRODUCTS AND MANUFACTURING XII.7 Regulation under the US Toxic Substances Control Act as amended by the Lautenberg Chemical Safety for the 21st Century Act 145 Adam DK Abelkop XII.8 Risk management measures under the European Union’s REACH Regulation and CLP Regulation 172 Nicolas Herbatschek XII.9 Leverage effect of public disclosure on risk management and risk assessment 185 David Roe XII.10 International law governing chemical risk assessment and management 203 Noah M Sachs, David A Wirth, and Adam DK Abelkop XII.11 Classification systems 225 .gnes Botos and Zolt.n Ill.s XII.12 Global data sharing 245 Doris Peters and Maren Rectanus PART 3 TYPES OF CHEMICALS AND EXPOSURES XII.13 Case studies in regulatory concepts 267 Lynn L Bergeson, Bethami Auerbach, Lisa R Burchi, Carla N Hutton, and Zameer Qureshi XII.14 Pesticide regulation in the US 290 Mary Jane Angelo XII.15 Pesticide law in the European Union 311 Anna Gergely and Gy.ngyi D.vid XII.16 Medicines 330 Erika Lietzan and Patricia J Zettler XII.17 Regulation of chemicals in food 344 Timothy D Lytton and Patricia J Zettler XII.18 Tobacco regulation 360 Micah L Berman XII.19 Worker protection and occupational health and safety legislation in the EU 376 Jan Popma XII.20 Runoff from concentrated animal feeding operations, manure 396 Terence J Centner PART 4 WASTE AND CONTAMINATION XII.21 Overview of chemicals in waste streams 413 Jonathan Cocker and Ulrich Ellinghaus XII.22 Definition of waste 422 Jeffrey M Gaba and Anita Lloyd XII.23 Waste in European waste law: the Waste Framework Directive explained 441 Thomas J de R.mph XII.24 International regulation of trade in chemicals 462 Jonathan Carlson XII.25 Remediation of contaminated areas exposed to chemical substances 481 Alexandre Salom.o Jabra PART 5 LIABILITY XII.26 Toxic torts in Europe 501 Lucas Bergkamp and Katinka M Brouwer XII.27 The role of tort law in environmental health protections: how scientific evidentiary standards change tort litigation 522 Carl F Cranor XII.28 Asbestos litigation and regulation in the US 543 D’Arcy LR Rapp XII.29 Liability for contaminated land 565 Mark Templeton XII.30 Environmental liability insurance 581 Valerie Fogleman Index

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Book SynopsisOver recent decades, there have been pivotal changes in the management and protection of water resources as human rights, environmental and water law have all turned towards the conservation of freshwater. This astute Research Handbook analyses the interactions and interplay between law and other fields, bringing together interdisciplinary contributors, from both academic and practitioner background, to establish the extent to which law is being informed by other fields.Providing expert advice from disciplines ranging from law and political science to geography and hydrogeology, this Research Handbook critically examines the impact on freshwater law on various disciplines. Offering concrete illustrations of the relationships between environmental sciences and law, and combining legal research with theories of international relations, political science, and environmental sciences, the Research Handbook on Freshwater Law and International Relations provides an original methodology to examine the challenge of freshwater management and protection.The insights provided by this Research Handbook will be invaluable to law and political science researchers with an interest freshwater law and international relations, as well as advanced students of environmental sciences and practitioners and decision makers in freshwater management and protection.Contributors include: D. Azaria, A. Aureli, M. Beniston, L. Boisson de Chazournes, T. Bolognesi, C. Bréthaut, L. Caflisch, A. Correia Lima Macedo Franca, A. Dumont, E. Dupuits, E. Fiechter-Widemann, S. Hawkins, S. Kpenou, Z.W. Kundzewicz, C. Leb, L. Maertens, R. Martin-Nagle, M.M. Mbengue, S. McCaffrey, O. McIntyre, M. Milano, N. Odili, G. Pflieger, S.M.A. Salman, E. Reynard, A. Rivera, M. Stoffel, A. Tanzi, M. Tignino, L. Turley, B. ZerhdoudTable of ContentsContents: Introduction: An interdisciplinary inquiry into the relationship between fresh water, the rule of law and international relations M. Tignino and C. Bréthaut Part I The characterization of fresh water in international law 1. Fresh water as common heritage and a common concern of mankind S. Kpenou 2. The economic management of water resources: the case of the investor-State disputes in the context of concession contracts B. Zerhdoud 3. The environmental management of water resources: what impact on the characterization of fresh water in international law? M.M. Mbengue and N. Odili 4. Urban water management: from the human right framework to political challenges in Latin America Emilie Dupuits 5. Water in the practice of the United Nations Security Council: trends and new perspectives M. Tignino Part II Sources of international law in the management and protection of fresh water resources 6. The customary law of international watercourses S.C. McCaffrey 7. ‘Glocal’ water management and regional organizations: multi-level law and transjuridicity A. Correia Lima Macedo Franca 8. Diplomacy, responsibility and accountability in transboundary water disputes A. Tanzi 9. Fresh water and energy in international courts and tribunals: hydroelectricity installations on transboundary rivers D. Azaria 10. Settlement of disputes concerning international watercourses L. Caflisch Part III Specific regimes of fresh water resources 11. Fresh water resources and climate change M. Stoffel, Z.W. Kundzewicz and M. Beniston 12. The human right to water and sanitation: challenges and opportunities S.M.A. Salman 13. Transboundary aquifers S. Hawkins and R. Martin-Nagle 14. Responsibility and liability in international law for damage to transboundary fresh water resources O. McIntyre Part IV Beyond international law: the interplay between fresh water and social and environmental sciences 15. Studying international water conflict L. Maertens and G. Pflieger 16. Benefit sharing in international water law: a multi-disciplinary undertaking L. Boisson de Chazournes and C. Leb 17. An institutionalist perspective on the use of international water law: crafting institutions in a multi-level setting T. Bolognesi and C. Bréthaut 18. The role of hydrogeology in fresh water management A. Rivera, A. Dumont and A. Aureli 19. The role of geography in fresh water management M. Milano and E. Reynard 20. The role of ethics in fresh water management: linking the ethic of conviction and the ethic of responsibility E. Fiechter-Widemann Index

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Book SynopsisThis research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotzé, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. StoneTable of ContentsContents: Acknowledgements Research Review Klaus Bosselmann and Prue Taylor PART I ECOLOGICAL APPROACHES A Critique of Environmental Law 1. Bruce Pardy (2005), ‘In Search of the Holy Grail in Environmental Law: A Rule to Solve the Problem’, McGill International Journal of Sustainable Development Law and Policy, 1 (1), Spring, 29–57 2. Richard J. Lazurus (2005), ‘Human Nature, The Laws of Nature, and the Nature of Environmental Law’, Virginia Environmental Law Journal, 24, 3. Staffan Westerlund (2008), ‘Theory for Sustainable Development. For or Against’, in Hans–Christian Bugge and Christina Voigt (eds), Sustainable Development in International and National Law, Chapter 1.3, Groningen, the Netherlands: Europa Law Publishing, 49–66 4. Klaus Bosselmann (2010), ‘Losing the Forest for the Trees: Environmental Reductionism in the Law’, Sustainability, 2 (8), 2424–48 5. Sanford E. Gaines (2014), ‘Reimagining Environmental Law for the 21st Century’, Environmental Law Reporter, 44 (3), 10188–215 B Ethical Dimensions 6. Aldo Leopold (1949), ‘The Land Ethic’, in A Sand County Almanac and Sketches Here and There, Oxford, UK: Oxford University Press, 201–26 7. Holmes Rolston II (1975), ‘Is There an Ecological Ethic?’, Ethics: An International Journal of Social, Political, and Legal Philosophy, 18 (2), January, 93–109 8. Christopher D. Stone (1972), ‘Should Trees Have Standing? – Towards Legal Rights for Natural Objects’, Southern California Law Review, 45, 450–501 9. Arne Naess (1973), ‘The Shallow and the Deep, Long–Range Ecology Movement. A Summary’, Inquiry: An Interdisciplinary Journal of Philosophy, 16 (1–4), 95–100 10. Mark Sagoff (1981), ‘At the Shrine of Our Lady of Fatima or Why Political Questions Are Not All Economic’, Arizona Law Review, 23, 1283–98 11. Laura Westra (1998), ‘Living with Integrity: The Problems and The Promise’, in Living in Integrity: A Global Ethic to Restore a Fragmented Earth, Chapter 1, Lanham, Maryland, USA and Oxford, UK: Rowman and Littlefield Publishers, 3–22 12. John Ronald Engel (2011), ‘Soil Ethics and Global Ethics’, in Encyclopaedia of Soil Science, Chapter 1, London, UK: Taylor and Francis, 1–7 C Methodology 13. Gunther Teubner and Lindsay Farmer (1994), ‘Ecological Self-Organization’, in Gunther Teubner, Lindsay Farmer and Declan Murphy (eds), Environmental Law and Ecological Responsibility: The Concept and Practice of Ecological Self-Organization, Chapter 1, Chichester, UK: John Wiley & Sons Ltd, 3–13 14. Massimiliano Montini (2014), ‘Revising International Environmental Law through the Paradigm of Ecological Sustainability’ in Federico Lenzerini and Ana Filipa Vrdoljak (eds), International Law for Common Goods, Normative Perspectives on Human Rights, Culture and Nature, Chapter 13, Oxford, UK and Portland, OR, USA: Hart Publishing, 271–87 15. Andreas Philippopoulos–Mihalopoulos (2011), ‘Towards a Critical Environmental Law’, in Law and Ecology: New Environmental Foundations, Chapter 2, London, UK: Routledge, 18–38 D Earth Jurisprudence 16. Thomas Berry (1999), ‘The Earth Story’, in The Great Work: Our Way Into The Future, Chapter 3, NY, USA: Random House/Bell Tower, 21–32 17. Cormac Cullinan (2010), ‘Earth Jurisprudence: From Colonization to Participation’, in Worldwatch Institute (ed.) State of the World: Transforming Cultures From Consumerism to Sustainability, NY, USA and London, UK: W.W.Norton & Company, 143–48 18. Anne Schimoller and Alessandro Pellizon (2013), ‘Mapping the Terrain of Earth Jurisprudence: Landscape, Threshold and Horizons’, Environmental and Earth Law Journal, III (1), 1–32 19. Peter Burdon (2013), ‘The Earth Community and Ecological Jurisprudence’, Oñati Socio Legal Series, 3 (5), 815–37 20. Samuel Alexander (2010), ‘Earth Jurisprudence and the Ecological Case for Degrowth’, Journal Jurisprudence, 131–48 PART II KEY ISSUES OF ECOLOGICAL LAW A Rights and Responsibilities 21. Bridget Lewis (2012), ‘Environmental Rights or a Right to the Environment? Exploring the Nexus between Human Rights and Environmental Protection’, Macquarie Journal of International and Comparative Environmental Law, 8 (1), 36–47 22. Prudence E. Taylor (1998), ‘From Environmental to Ecological Rights: A New Dynamic in International Law?’, Georgetown International Environmental Law Review, 10 (2), 309–97 23. Anna Grear (2011), ‘The Vulnerable Living Order: Human Rights and the Environment in a Critical and Philosophical Perspective’, Journal of Human Rights and the Environment, 2 (1), March, 23–44 24. Alan Boyle (2007), ‘Human Rights or Environmental Rights? A Reassessment’, Fordham Environmental Law Review, XVIII, 471–511 B Property and the Commons 25. Prue Taylor and David Grinlinton (2011), ‘Property Rights and Sustainability: Toward a New Vision of Property’, in Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges, Chapter 1, Leiden, the Netherlands: Matinus Nijhoff, 1–20 26. Peter Burdon (2015), ‘Private Property Revisited‘, in Earth Jurisprudence: Private Property and the Environment’, Chapter 5, Abingdon, UK and NY, USA: Routledge, 101–34 27. Gerhard Scherhorn (2012), ‘Transforming Global Resources into Commons’, in David Bollier and Silke Helfrich (eds), The Wealth of the Commons: A World Beyond Markets, Amherst, MA, USA: Leveller Press, 395–401 28. Joseph L. Sax (1970), ‘The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention’, Michigan Law Review, 68, 473–566 C Governance 29. Polly Higgins (2012), ‘The Law of Ecocide‘, in Earth is Our Business, Chapter 1, London, UK: Shepheard–Walwyn, 3–17 30. Burns H. Weston and David Bollier (2013), ‘Imagining a New Architecture of Law and Policy to Support the Ecological Commons’, in Green Governance: Ecological Survival, Human Rights, and the Law of the Commons, Chapter 7, Cambridge, UK and NY, USA: Cambridge University Press, 179–225 31. Louis J. Kotzé (2013), ‘Mapping the Definitional Field of Global Environmental Governance’, in Global Environmental Governance: Law and Regulation for the 21st Century’, Chapter 7, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 225–66 32. Klaus Bosselmann (2015), ‘Framing Earth Governance’, in Earth Governance: Trusteeship of the Global Commons, Chapter 2, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 23–50 D Constitutionalism 33. Klaus Bosselmann (2015), ‘Global Environmental Constitutionalism: Mapping the Terrain’, Widener Law Review, 21 (2), 171–85 34. David R. Boyd (2012), ‘Constitutions, Human Rights, and the Environment: The Context’, in The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, Chapter 1, Vancouver, Canada: UBC Press, 3–19 35. Rakhyun E. Kim and Klaus Bosselmann (2015), ‘Operationalizing Sustainable Development: Ecological Integrity as a Grundnorm of International Law’, Review of European Community and International Environmental Law, Special Issue: Public Participation and Climate Governance, 24 (2), July, 194–208 36. Geoffrey Garver (2013), ‘The Rule of Ecological Law: The Legal Complement to Degrowth Economics’, Sustainability, 5 (1), 316–37 Index

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Book SynopsisClimate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.Prior to becoming an academician, the author garnered over fifteen years’ practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.Trade Review‘Technology development and transfer are vital to confronting the climate crisis, but the relationship between cleantech and intellectual property rights has too often been simply asserted or assumed. In this much-needed book, Professor Xiang applies rigorous and evidence-based analysis and advances fresh conclusions and a bold proposal for how to make progress.’ -- Stephen Minas, UNFCCC Technology Executive Committee‘This is a thoughtful, insightful and challenging contribution. It engages deeply and critically with scholarly, empirical and policy contributions from wide geographical bases. Xiang develops a proposal for enabling cleantech development and transfer both globally and locally, moving beyond a focus on transfer to developing countries, and this warrants serious consideration.’ -- Abbe Brown, University of Aberdeen, UKTable of ContentsContents: 1. Introduction: A viable pathway for enabling developing countries to attract foreign cleantech and build domestic cleantech innovation 2. Concepts and linkages: Global community, climate change, sustainable development, cleantech PART I INTERNATIONAL CLEANTECH TRANSFER 3. International cleantech transfer examined PART II GLOBAL CLEANTECH DEVELOPMENT 4. Necessity and reality of global cleantech development PART III A SOLUTION 5. A proposal for enabling global cleantech development and international cleantech transfer 6. International aid for building capacities in developing countries for cleantech importation and innovation 7. Mutually beneficial international cleantech collaboration 8. Sustainable domestic cleantech innovation by developing countries 9. Appraisal of the proposal Conclusion – a pathway to global sustainable development, to our shared future Index

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Book SynopsisThis research review discusses seminal articles and essays on the law of the polar regions. It traces the historical development of polar law in the Arctic and Antarctic and then analyses in detail the specific legal regimes that have developed for both regions. Common elements assist in the assessment of recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing importance in global affairs.This research review will be a valuable resource for students, academics and practitioners.Trade Review‘The Polar regions have, in recent years, attracted a greater significance among both political and academic communities across the globe. While extensive research inputs from the natural science disciplines are readily available, knowledge from the legal disciplines has so far been found only relatively sporadically. International Polar Law offers a collection of essays and articles in one accessible place, sourced from highly-regarded international journals at various times, from the beginning of the twentieth century to today. As such, the volume is an invaluable resource, useful for both lawyers and members of the scholarly community interested in Polar legal issues.’ -- Kamrul Hossain, University of Lapland, FinlandTable of ContentsContents: Introduction The Context of International Polar Law Donald R. Rothwell and Alan D. Hemmings PART I HISTORY 1. Thomas Willing Balch (1910), ‘The Arctic and Antarctic Regions and the Law of Nations’, American Journal of International Law, 4 (2), April, 265–75 2. A.R. Clute (1927), ‘The Ownership of the North Pole’, Canadian Bar Review, V (1), January, 19–26 3. John Hanessian (1960), ‘The Antarctic Treaty 1959’, International and Comparative Law Quarterly, 9 (3), July, 436–80 4. Charles Cheney Hyde (1933–34), ‘Acquisition of Sovereignty over Polar Areas’, Iowa Law Review, 19, 286–94 5. Philip C. Jessup (1947), ‘Sovereignty in Antarctica’, American Journal of International Law, 41 (1), January, 117–19 6. W. Lakhtine (1930), ‘Rights over the Arctic’, American Journal of International Law, 24 (4), October, 703–17 7. Ivor L.M. Richardson (1957), ‘New Zealand’s Claims in the Antarctic’, New Zealand Law Journal, 33, February, 38–42 8. James Brown Scott (1909), ‘Arctic Exploration and International Law’, American Journal of International Law, 3 (4), October, 928–41 PART II ANTARCTICA 9. David M. Edwards and John A. Heap (1981), ‘Convention on the Conservation of Antarctic Marine Living Resources: A Commentary’, Polar Record, 20 (127), 353–62 10. Francesco Francioni (1993), ‘The Madrid Protocol on the Protection of the Antarctic Environment’, Texas International Law Journal, 28 (193), 47–72 11. Moritaka Hayashi (1986), ‘The Antarctica Question in the United Nations’, Cornell International Law Journal, 19 (2), Summer, 275–90 12. Bernard H. Oxman (1986), ‘Antarctica and the New Law of the Sea’, Cornell International Law Journal, 19 (2), Summer, 211–47 13. Bruno Simma (1986), ‘The Antarctic Treaty as a Treaty Providing for an “Objective Regime”’, Cornell International Law Journal, 19 (2), Summer, 189–209 14. A.D. Watts (1990), ‘The Convention on the Regulation of Antarctic Mineral Resource Activities 1988’, International and Comparative Law Quarterly, 39 (1), January, 169–82 15. Emil A. Zuccaro (1979), ‘Iceberg Appropriation and the Antarctic’s Gordian Knot’, California Western International Law Journal, 9, 405–29 16. Karen N. Scott (2010), ‘Managing Sovereignty and Jurisdictional Disputes in the Antarctic: The Next Fifty Years’, Yearbook of International Environmental Law, 20 (1), January, 3–40 17. Kees Bastmeijer and Ricardo Roura (2004), ‘Regulating Antarctic Tourism and the Precautionary Principle’, American Journal of International Law, 98 (4), October, 763–81 18. Christopher C. Joyner (2008), ‘Challenges to the Antarctic Treaty: Looking Back to See Ahead’, New Zealand Yearbook of International Law, 6, 25–62 19. Ben Saul and Tim Stephens (2015), ‘Responsive Antarctic Law- Making in the Asian Century’, Yearbook of Polar Law, VII, 55–82 20. Peter J. Beck (2017), ‘Antarctica and the United Nations’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 17, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 255–68 21. Rüdiger Wolfrum (2017), ‘Common Interest and Common Heritage in Antarctica’, in Klaus Dodds, Alan D. Hemmings and Peder Roberts (eds), Handbook on the Politics of Antarctica, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 142–51 PART III ARCTIC 22. J.A. Beesley (1971), ‘Rights and Responsibilities of Arctic Coastal States: The Canadian View’, Journal of Maritime Law and Commerce, 3 (1), October, 1–12 23. David D. Caron (1993), ‘Toward an Arctic Environmental Regime’, Ocean Development and International Law, 24 (4), 377–92 24. Ivan L. Head (1963), ‘Canadian Claims to Territorial Sovereignty in the Arctic Regions’, McGill Law Journal, 9 (3), 200–226 25. J. Bruce McKinnon (1987), ‘Arctic Baselines: A Litore Usque Ad Litus’, Canadian Bar Review, 66 (1), March, 790–817 26. Donat Pharand (1992), ‘The Case for an Arctic Region Council and a Treaty Proposal’, Revue Générale de Droit, 23, 163–95 496 27. Timo Koivurova and Leena Heinämäki (2006), ‘The Participation of Indigenous Peoples in International Norm-Making in the Arctic’, Polar Record, 42 (221), 101–9 28. James Kraska (2009), ‘International Security and International Law in the Northwest Passage’, 42 (4), October, Vanderbilt Journal of Transnational Law, 1109–32 29. E.J. Molenaar (2012), ‘Current and Prospective Roles of the Arctic Council System Within the Context of the Law of the Sea’, International Journal of Marine and Coastal Law, 27 (3), 553–95 30. Edward T. Canuel (2015), ‘The Four Arctic Law Pillars: A Legal Framework’, Georgetown Journal of International Law, 46 (3), 735–64 31. David L. VanderZwaag (2014), ‘The Arctic Council and the Future of Arctic Ocean Governance: Edging Forward in a Sea of Governance Challenges’, in Tim Stephens and David L. VanderZwaag (eds), Polar Oceans Governance in an Era of Environmental Change, Chapter 16, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 308–38 32. Nigel Bankes and Elizabeth Whitsitt (2015), ‘Arctic Marine Mammals in International Environmental Law and Trade Law’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 185–206 33. Ted L. McDorman and Clive Schofield (2015), ‘Maritime Limits and Boundaries in the Arctic Oceans: Agreements and Disputes’, in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, Chapter 10, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 207–26 PART IV BIPOLAR LEGAL ISSUES 34. Robert D. Hayton (1958), ‘Polar Problems and International Law’, American Journal of International Law, 52 (4), October, 746–65 35. Christopher C. Joyner (1991), ‘Ice-Covered Regions in International Law’, Natural Resources Journal, 31, Winter, 213–42 36. Oscar Svarlien (1960), ‘The Sector Principle in Law and Practice’, Polar Record, 10, 248–63 37. Stuart B. Kaye (2004), ‘Territorial Sea Baselines Along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea’, Ocean Development and International Law, 35, 75–102 38. Duncan French and Karen Scott (2009), ‘International Legal Implications of Climate Change for the Polar Regions: Too Much, Too Little, Too Late?’, Melbourne Journal of International Law, 10 (2), 631–54 39. Aldo Chircop (2016), ‘Jurisdiction over Ice-Covered Areas and the Polar Code: An Emerging Symbiotic Relationship?’, Journal of International Maritime Law, 22, 275–90 Index

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Book SynopsisThis is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.'- Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, The NetherlandsJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law.Peter Lawrence uses an interdisciplinary approach, involving discourse theory, international relations theory, and philosophical concepts of ethics and justice to inform discussion of international law. Recent political science theories are used to show why the current global climate change treaties are so weak in addressing intergenerational justice concerns. The book draws on contemporary theories of justice to develop a number of principles used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice-ethics argument rests on widely shared values. Moreover, the book is informed by the author's extensive experience in the negotiation of global environmental treaties as an Australian diplomat.With its interdisciplinary approach and focus on intergenerational justice, this detailed study will be of particular interest to academics and policymakers in international environmental law and climate law, as well as to those in international law with an interest in ethics and justice issues.Contents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward - Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography IndexTrade Review‘This book is easy to read and follow, providing a solid foundation for understanding environmental law in an international law context. Justice for Future Generations: Climate Change an International Law is a must have for every law library's environmental law collection. I would also recommend this book to those who care deeply about the environment and sustainability issues for future generations.’ -- Sharon Wang, Canadian Law Library Review‘Human-induced climate change is the most fiendish legal and policy problem ever faced by humanity, and our very survival as a species hinges on whether we respond effectively to it. Those who will feel the most acute effects of climate change will be our future generations. In this groundbreaking work, Peter Lawrence sets out the case for addressing climate change today in order to safeguard the welfare of future generations. Lawrence explains that this is not just an imperative of morality, or of survival, but is in fact a mandate of justice. Drawing on a wide range of philosophical and jurisprudential thinking, Lawrence distils core principles of justice to animate our efforts to mitigate climate change. This is an immensely important work, that will have a significant influence on how societies and governments conceptualise and respond to the climate problem.’ -- Timothy Stephens, University of Sydney, Australia‘Peter Lawrence’s book is an original and intellectually stimulating publication which raises complex questions of intergenerational equity and climate change. Both issues have been discussed separately in several important works but this book brings them together with fascinating results. Unlike many purely philosophical approaches, this monograph offers practical solutions based on the conclusion of a global treaty. Lawrence suggests difficult but workable solutions, based on ethical, legal and economic considerations, such as how a treaty would reconcile the long-term interests of developed and developing countries. Effective international law rules addressing climate change are fundamental for both humanity and global ecology and as Lawrence argues in his important book ‘building agreement on what justice means in this context is an essential part of the task.’ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.’ -- Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, the Netherlands‘Those interested in, or affected by environmental issues (and aren’t; we all?) should seek out this book. Researchers and policy makers in particular will be pleased, not to mention amazed, by the impressive bibliography of over twenty pages with its wealth of useful references.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Peter Lawrence’s Justice for Future Generations: Climate Change and International Law is a welcome and timely addition to the field.’ -- Carbon and Climate Law ReviewTable of ContentsContents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward – Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index

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Book SynopsisWith a considerable influence on national and international legislators, courts, public administrators and private companies, environmental principles ? such as the polluter-pays principle, sustainable development or the precautionary principle ? play an important role in the making, application and the interpretation of environmental law. As a key part of the Elgar Encyclopedia of Environmental Law, this comprehensive volume provides detailed coverage of all of the important environmental principles and offers unique insights as well as wider reflection on the role played by principles. With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet. As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators.Contributors include: A. Aaragao, M. Alberton, S. Atapattu, V. Barral, B. Boer, N. Craik, C. Dalhammar, J. Darpö, N. de Sadeleer, O. Dubovik, L.-A. Duvic-Paoli, T. Fajardo del Castillo, R. Fowler, M. Führ, M. Gestri, G. Handl, M. Hedemann-Robinson, S. Khan, R. Kibugi, S. Kingston, V. Koester, L. Krämer, K. Kulovesi, R. Lefeber, R. Macrory, C.W. Malcomb, G.J. Martin, E. Meidinger, I. Michallet, B. Milligan, M. Montini, E. Morgera, D.M. Ong, E. Orlando, A. Panovic, O. Pedersen, M. Peeters, M. Prieur, A. Proelss, L. Rajamani, C. Redgwell, M. Reese, A. Röhricht, G. Roller, J. Schenten, P. Schwartz, D. Spitzer, T. Stephens, H. Strydom, P. Taylor, E. Tsioumani, J.B. Wiener, G. Winter, Y. ZhaoTrade Review'The book exposes the richness, diversity and dynamics of environmental principles in international and national law regarding their legal status, practical role in the legal system and substantive meaning. It also draws the attention of the reader to the gap that exists between the legal aspirations associated with environmental principles and their limited practical impact on environmental policy and the state of the environment world-wide.' --Eckard Rehbinder, Goethe University Frankfurt, Germany'Everything you need to know about environmental principles in one easily accessible book. An essential resource for all who seek to protect the environment and all who will have an impact on the environment as part of their work.' --Sharon Beder, author of Environmental Principles and Policies 'Principles of Environmental Law is a superb exposition of the norms that guide the environmental conduct of States and their governmental agencies, courts, intergovernmental organizations and ultimately humans. The distinguished contributors reflect all legal traditions and provide profound assessment for the breadth of principles presented.' --Nicholas A. Robinson, Pace University, USTable of ContentsContents: Foreword to the Encyclopedia Jamie Benidickson and Yve Le Bouthillier Foreword to Volume VI Michael Faure Introduction to Volume VI – Ludwig Kramer and Emanuela Orlando Part I General Concepts 1. Principles and rules Gilles Martin 2. The History and evolution of legal principles concerning the environment Ben Milligan and Richard Macrory 3. Environmental law principles and general principles of international law Teresa Fajardo del Castillo 4. Environmental principles and the right to a quality environment Ben Boer Part II The Principles, Existing and Emerging 5. Sovereignty of States over their natural resources – Marco Gestri 6. Responsibility not to cause transboundary environmental harm René Lefeber 7. The Principle of Sustainable development Virginie Barral 8. Sustainable use of natural resources Catherine Redgwell 9. Sustainable production and consumption (SPC) Martin Führ and Julian Schenten 10. The Principle of integration Massimiliano Montini 11. Equity and the interest of future generations Isabelle Michallet 12. Principle of prevention Leslie-Anne Duvic Paoli 13. Precautionary principle Jonathan Wiener 14. The principle of fighting environmental harm at source Ludwig Kramer 15. Environmental impact assessment Neil Craik 16. Extended producer responsibility Carl Dalhammar 17. The proximity principle Moritz Reese 18. Substitution : From Alternatives to ecological proportionality Gerd Winter 19. The Principle of non-regression Michel Prieur 20. Polluter pays principle Priscilla Schwartz 21. Liability Emanuela Orlando International cooperation 22. Common but differentiated responsibilities Lavanya Rajamani 23. Common heritage of mankind and common concern of humankind Prue Taylor 24. Fair and equitable benefit-sharing Elisa Morgera 25. Prior informed consent Gerhard Roller Good governance 26. Access to Information and Transparency Attila Pánovics 27. Public participation in environmental decision-making Elsa Tsioumani 28. Principle 10 and Access to justice Jan Darpö Part III Geographical Differentiation of Principles 29. Environmental principles in US and Canadian Law Errol Meidinger, Daniel Spitzer and Charles Malcomb 30. Environmental principles in China Yuhong Zhao 31. Principles of Russian environmental Law Olga Doubovik and Alla Roehricht 32. Environmental principles in the EU Alexandra Aaragao 33. Environmental principles in Asia Sumudu Atapattu 34. Environmental principles in Australia Rob Fowler 35. Environmental principles in Africa Hennie Strydom Part IV The Principles in International Environmental Agreements 36. Environmental principles in international climate change law Marjan Peeters 37. Environmental principles in maritime and fresh water agreements Mariachiara Alberton 38. Environmental principles and concepts in biodiversity treaties Veit Koester Part V The Principles in Court 39. Environmental principles and the International Court of Justice Tim Stephens 40. Environmental principles and ITLOS Alexander Proelss 41. Environmental principles and the European Court on Human Rights Ole Pedersen 42. Environmental principles and the EU Court of Justice Ludwig Krämer 43. The Precautionary Principle in WTO Law Nicolas de Sadeleer Part VI The principles in international practice 44. Common but Differentiated Responsibilities in a North-South Context: Assessment of the Evolving Practice under Climate Change Treaties Robert Kibugi 45. The integration of environmental principles into the policy and practice of multilateral development banks Gunther Handl 46. Environmental principles in trade relations Kati Kulovesi and Sabaa Kahn 47. Environmental principles in international investment law David Ong 48. Enforcement and sanctions Martin Hedemann-Robinson 49. Environmental principles and environmental disputes and their settlement Suzanne Kingston Index

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Book SynopsisGovernments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners. Contributors include: A.D.K. Abelkop, C. Coglianese, M.A. Cohen, D.H. Cole, C.M. Correa, N. de Sadeleer, R.C. Feiock, P.Z. Grossman, N. Gunningham, S. Hayes Richards, M. Howlett, S.-L. Hsu, B. Huber, O. Karassin, B.C. Karkkainen, S.E. Light, L.M.J. McCann, J.E. Milne, I. Mukherjee, E.W. Orts, O. Perez, K.R. Richards, T.M. Roberts, A. Rowell, S. Roy, J.P. Shimshack, H. Sigman, D. Sinclair, S. Starobin, S.E. Weishaar, E. Woerdman, H. Yi, J. van ZebenTrade Review'This is an impressive book, edited and written by many leading colleagues in the field internationally. It reflects upon the wide variety of policy instruments governments nowadays have at their disposal to develop and implement environmental, energy, climate and sustainability policies. Their work shows that many governments still have not managed to get their act together on this. This volume will therefore be a beacon of light in the dark.' --Kurt Deketelaere, KU Leuven, Belgium'In this important volume, the editors - Kenneth Richards and Josephine van Zeben - have assembled an impressive set of entries that provide a remarkably comprehensive description and assessment of the diverse set of policy instruments which can be used by governments to achieve their environmental objectives in the face of market failures.' --Robert N. Stavins, Harvard University, USTable of ContentsContents: Foreword to the Encyclopedia Foreword to Volume VIII Introduction to Volume VIII: Instruments for environmental policy Kenneth R. Richards and Josephine Van Zeben PART 1 - General Issues in Environmental Policy Instruments 1. Governmental environmental action: legal bases And restraints Josephine Van Zeben 2. Beyond compliance costs: comparing the total costs of alternative regulatory instruments Daniel H. Cole and Peter Z. Grossman 3. Public and private interactions in global environmental governance Orr Karassin and Oren Perez 4. Distributional concerns in environmental policy instruments Suryapratim Roy 5. Monitoring, enforcement, and the choice of environmental policy instruments Mark A. Cohen and Jay P. Shimshack 6. Designing public participation in the policy process: a critical review of procedural instrument theory Michael Howlett and Ishani Mukherjee 7. Politics and policy instrument choice Richard C. Feiock and Hongtao Yi 8. Behavioural instruments in environmental regulation Arden Rowell 9. Transaction costs considerations in instrument choice, design and implementation Laura M.J. McCann PART 2 - Examining the Environmental Policy Instruments 10. The range of policy instruments Kenneth R. Richards Instruments to Change Behavior 11. Explaining the persistence of ‘command-and-control’ in US environmental law Daniel H. Cole 12. Environmental taxes Janet E. Milne 13. Prices versus quantities Shi-Ling Hsu 14. Subsidies and the environment Tracey M. Roberts 15. Public and private procurement in environmental governance Sarah E. Light and Eric W. Orts 16. The role of tort law in environmental and public health governance Adam D.K. Abelkop 17. Property rights Bruce Huber 18. Emissions trading: design, diffusion and drawbacks Edwin Woerdman Instruments to Create and Disseminate Information 19. Patents as environmental policy instruments Carlos M. Correa 20. Management-based regulation Cary Coglianese and Shana Starobin 21. Mandated information – reporting Bradley C. Karkkainen Instrument Mixes, Hybrids, and Blends 22. Environmental offset programmes Kenneth R. Richards 23. Regulatory pluralism and regulatory mix Neil Gunningham and Darren Sinclair 24. Voluntary environmental agreements Stephanie Hayes Richards and Kenneth R. Richards 25. Deposit-refunds Hilary Sigman International Issues in Policy Instruments 26. Linking of climate change policies Stefan E. Weishaar 27. Environmental protection through legal acts and instruments by the European Union Nicolas de Sadeleer Index

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Book SynopsisThis Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material. The Research Review discusses articles that cover international dimensions, including principles, substantive areas of regulation and implementation techniques as well as the European dimensions broadly understood, including EU law and other regional approaches (the UNECE) and distinguishing sector-specific and transversal regulation. It also looks at the transnational, comparative and domestic dimensions and major questions arising from selected English-speaking jurisdictions. Edited by two recognised experts in the field, this research review will provide a solid foundation for the study of environmental and energy law.Table of ContentsContents: Volume I Environmental and Energy Law as a Field of Research: A Structural Overview Jorge E. Viñuales and Emma Lees PART I HISTORY, PRINCIPLES, SOURCES AND PROSPECTS 1. Jorge E. Viñuales (2015), ‘The Rio Declaration on Environment and Development: Preliminary Study’ in J. E. Viñuales (ed.), The Rio Declaration on Environment and Development. A Commentary, Chapter 1, New York, NY, USA: Oxford University Press, 1–64 2. Edith Brown Weiss (1984), ‘The Planetary Trust: Conservation and Intergenerational Equity’, Ecology Law Quarterly, 11 (4), March, 495–581 3. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles', in Daniel Bodansky, Jutta Brunnée and Ellen Hey (eds.), Oxford Handbook of International Environmental Law, Chapter 19, New York, NY, USA: Oxford University Press, 449–66 4. Arie Trouwborst (2007), ‘The Precautionary Principles in General International Law: Combating the Babylonian Confusion’, Review of European, Comparative and International Environmental Law, 16 (2), July, 185–95 5. Jutta Brunnée (2002), ‘COPing with Consent: Law-Making Under Multilateral Environmental Agreements’, Leiden Journal of International Law, 15 (1), March, 1–52 6. Adrian J. Bradbrook (1996), ‘Energy Law as an Academic Discipline’, Journal of Energy and Natural Resources Law, 14 (2), May 193–217 7. Francesco Francioni (2012), ‘Realism, Utopia and the Future of International Environment Law’, in Antonio Cassese (ed.), Realizing Utopia: The Future of International Law, Chapter 34, Oxford, UK: Oxford University Press, 442–60 PART II SUBSTANTIVE REGULATION A Hydrosphere: Oceans, Seas and Freshwater 8. Catherine Redgwell (2006), ‘From Permission to Probition: the 1982 Convention on the Law of the Sea and Protection of the Marine Environment’, in David Freestone, Richard Barnes and David Ong (eds), The Law of the Sea: Progress and Prospects, Chapter 10, New York, NY, USA: Oxford University Press, 180–91 9. Laurence Boisson de Chazournes (2009), ‘Freshwater and International Law: The Interplay between Universal, Regional and Basin Perspectives’, The United Nations World Water Development Report 3: Water in a Changing World, Paris, France: UNESCO, 1–10 B Atmosphere: Ozone Depletion and Climate Change 10. Dale S. Bryk (1991), ‘The Montreal Protocol and Recent Developments to Protect the Ozone Layer’, Harvard Environmental Law Review, 15 (1), 275–98 11. Daniel Bodanksy (2016), ‘The Paris Climate Change Agreement: A New Hope?’, American Journal of International Law, 110 (2), April, 288–319 C Biosphere: Species, Spaces and Biodiversity 12. Michael Bowman, Peter Davies and Catherine Redgwell (2010), ‘The Historical Evolution of International Wildlife Law’, in Lyster’s International Wildlife Law, Chapter 1, Cambridge, UK: Cambridge University Press, 3–23 13. Elisa Morgera and Elsa Tsioumani (2010), ‘Yesterday, Today, and Tomorrow: Looking Afresh at the Convention on Biological Diversity’, Yearbook of International Environmental Law, 21 (1), 3–40 D Dangerous Substances and Activities 14. Katherine Kumer Peiry (2014), ‘The Chemicals and Waste Regime as a Basis for a Comprehensive International Framework on Sustainable Management of Potentially Hazardous Materials?’, Review of European, Comparative and International Environmental Law, Special Issue: International and European Chemicals Regulation, 23 (2), July, 172–80 15. Peter L. Lallas (2001), ‘The Stockholm Convention on Persistent Organic Pollutants’, American Journal of International Law, 95 (3), July, 692–708 E Energy: Fossil, Nuclear and Renewable 16. Catherine Redgwell (2007), ‘International Regulation of Energy Activities’, in Martha Roggenkamp, Catherine Redgwell, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 2, New York, NY, USA: Oxford University Press, 13–144 17. David M. Ong (1999), ‘Joint Development of Common Offshore Oil and Gas Deposits: “Mere” State Practice or Customary International Law?’, American Journal of International Law, 93 (4), October, 771–804 18. Günther Handl (2003), ‘The IAEA Nuclear Safety Conventions: An Example of Successful “Treaty Management”?’, Nuclear Law Bulletin, 72, 7–27 19. Stuart Bruce (2013), ‘International Law and Renewable Energy: Facilitating Sustainable Energy for All?’, Melbourne Journal of International Law, 14 (1), June, 18–53 PART III IMPLEMENTATION 20. Lavanya Rajamani (2013), ‘Differentiation in the Emerging Climate Change Regime’, Theoretical Inquiries in Law, 14 (1), January, 151–71 21. Xue Hanquin (2003), ‘Introduction’, in Transboundary Damage in International Law, Chapter 1, New York, NY, USA: Cambridge University Press, 1–16 22. Malgosia Fitzmaurice (2013), ‘The International Court of Justice and International Environmental Law’, in Christian J. Tams and James Sloan (eds), The Development of International Law by the International Court of Justice, Chapter 12, New York, NY, USA: Oxford University Press, 353–74 PART IV MAJOR DEBATES AND APPROACHES 23. Jorge E. Viñuales (2013), ‘The Rise and Fall of Sustainable Development’, Review of European, Comparative and International Environmental Law, 22 (1), April, 3–13 24. Alan Boyle (2012), ‘Human Rights and the Environment: Where Next?’, European Journal of International Law, 23 (3), August, 613–42 25. Michael Bothe, Carl Bruch, Jordan Diamond and David Jensen (2010), ‘International Law Protecting the Environment During Armed Conflict: Gaps and Opportunities’, International Review of the Red Cross, 92 (879), September, 569–92 26. Mark Wu and James Salzman (2014), ‘The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy’, Northwestern University Law Review, 108 (2), 401–74 27. Jorge E. Viñuales (2009/2010), ‘Foreign Investment and the Environment in International Law: An Ambiguous Relationship’, British Yearbook of International Law, 80 (1), 244–332 Volume II An introduction by the editors appears in Volume I PART I COMPETENCE AND PRINCIPLES 1. Hans Vedder (2010), ‘The Treaty of Lisbon and European Environmental Law and Policy’, Journal of Environmental Law, 22 (2), 285–99 2. Angus Johnston and Eva van der Marel (2013), ‘Ad Lucem? Interpreting the New EU Energy Provision, and in particular the Meaning of Article 194(2) TFEU’, European Energy and Environmental Law Review, 22 (5), October, 181–99 3. Nicolas De Sadeleer (2009), ‘The Precautionary Principle as a Device for Greater Environmental Protection: Lessons from EC Courts’, Review of European, Comparative and International Environmental Law, 18 (1), April, 3-10 4. Astrid Epiney (2006), ‘Environmental Principles’, in Richard Macrory (ed), Reflections on 30 Years of EU Environmental Law: a High Level of Protection, Groningen, the Netherlands: Europa Law Publishing, 17–39 5. Wiek Schrage, Keith Bull and Albena Karadjova (2007), ‘Environmental Legal Instruments in the UNECE Region’, Yearbook of International Environmental Law, 18 (1), 3–31 PART II SECTOR SPECIFIC REGULATION A Water 6. William Howarth (2009), ‘Aspirations and Realities under the Water Framework Directive: Proceduralisation, Participation and Practicalities’, Journal of Environmental Law, 21 (3), 391–417 7. Henrik Josefsson and Lasse Baaner (2011), ‘The Water Framework Directive – A Directive for the Twenty-First Century?’, Journal of Environmental Law, 23 (3), November, 463–86 8. Attila Tanzi (2010), ‘Reducing the Gap between International Water Law and Human Rights Law: the UNECE Protocol on Water and Health’, International Community Law Review, 12 (3), 267–85 B Conservation 9. Ludwig Krämer (2015), ‘Implementation and Enforcement of the Habitats Directive’, in Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne and Geert Van Hoorick (eds), The Habitats Directive in its EU Environmental Law Context: European Nature’s Best Hope, Chapter 13, Abingdon, UK and New York, NY, USA: Routledge, 229–44 10. Carolina Lasén Díaz (2010), ‘The Bern Convention: 30 Years of Nature Conservation in Europe’, Review of European, Comparative and International Environmental Law, 19 (2), July, 185–96 C Chemicals and Waste 11. Elen Stokes and Steven Vaughan (2013), ‘Great Expectations: Reviewing 50 Years of Chemicals Legislation in the EU’, Journal of Environmental Law, Special Issue: ‘Environmental Law: Looking Backwards, Looking Forwards’, 25 (3), November, 411–35 12. Eloise Scotford (2007), ‘Trash or Treasure: Policy Tensions in EC Waste Regulation’, Journal of Environmental Law, 19 (3), 367–88 13. Hazel Ann Nash (2009), ‘The Revised Directive on Waste: Resolving Legislative Tensions in Waste Management?’, Journal of Environmental Law, 21 (1), 139–49 D Air Quality 14. Mark Wilde (2010), ‘The New Directive on Ambient Air Quality and Cleaner Air for Europe’, Environmental Law Review, 12 (4), 282–90 E Climate Change 15. Gerd Winter (2010), ‘The Climate is No Commodity: Taking Stock of the Emissions Trading System’, Journal of Environmental Law, 22 (1), 1–25 16. Josephine A. W. van Zeben (2009), ‘The European Emissions Trading Scheme Case Law’, Review of European, Comparative and International Environmental Law, 18 (2), July, 119–28 F Energy 17. Leigh Hancher, Piet Jan Slot, Bram Delvaux and Geert van Calster (2007), ‘EU Energy Law’, in Martha Roggenkamp, Catherine Redgwell, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 6, New York, NY, USA: Oxford University Press, 225–392 18. Kim Talus (2013), ‘From State to Market and Back’, in EU Energy Law and Policy: A Critical Account, Chapter 7, New York, NY, USA: Oxford University Press, 269–86 19. Sirja–Leena Penttinen and Kim Talus (2015), ‘Development of Sustainability Aspects in EU Energy Law’, in Geert Van Calster, Wim Vandenberghe and Leonie Reins (eds), Research Handbook in Climate Change Mitigation Law, Chapter 2, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 33–50 20. Sanja Bogojević (2009), ‘Ending the Honeymoon: Deconstructing Emissions Trading Discourses’, Journal of Environmental Law, 21 (3), 443–68 PART III TRANSVERSAL REGULATION A Access to Information 21. Ludwig Krämer (2015), ‘The Aarhus Convention and the European Union’ in Charles Banner (ed.), The Aarhus Convention: A Guide for UK Lawyers, Chapter 5, Abingdon, UK: Hart Publishing, 79–95 B Environmental Impact Assessment 22. Ludwig Krämer (2007), ‘The Development of Environmental Assessments at the Level of the European Union’, in Jane Holder and Donald McGillivray (eds), Taking Stock of Environmental Assessment. Law, Policy and Practice, Chapter 5, Abingdon, UK and New York, NY, USA: Routledge, 131–48 23. Simon Marsden (2011), ‘The Espoo Convention and Strategic Environmental Assessment Protocol in the European Union: Implementation, Compliance, Enforcement and Reform’, Review of European, Comparative and International Environmental Law, 20 (3), November, 267–76 C Taxation 24. Kurt Deketelaere (1999), ‘The Use of Fiscal Instruments in European Environmental Policy: Review Essay’, Energy and Environment, 10 (2), 181–207 25. David A. Weisbach (2012), ‘Carbon Taxation in the EU: Expanding the EU Carbon Price’, Journal of Environmental Law, 24 (2), July, 183–206 D Liability 26. Edward Brans (2013), ‘Fundamentals of Liability for Environmental Harm in the ELD’, in Lucas Bergkamp and Barbara J. Goldsmith (eds), The EU Environmental Liability Directive: A Commentary, Chapter 2, Oxford, UK: Oxford University Press, 31–50 27. Gerd Winter, Jan H. Jans, Richard Macrory and Ludwig Krämer (2008), ‘Weighing up the EC Environmental Liability Directive’, Journal of Environmental Law, 20 (2), 163–91 28. Maria Lee (2009), ‘”New” Environmental Liabilities: The Purpose and Scope of the Contaminated Land Regime and the Environmental Liability Directive’, Environmental Law Review, 11 (4), December, 264–78 E Enforcement and the Role of the Courts 29. Elizabeth Fisher (2001), ‘Is the Precautionary Principle Justiciable?’, Journal of Environmental Law, 13 (3), 315–34 30. Emma Lees (2015), ‘Identification of the Cause of Uncertainty: The Regulatory Culture’ in Interpreting Environmental Offences: The Need for Certainty, Chapter 6, Oxford, UK and Portland, Oregon, USA: Hart Publishing, 103–38 31. Simon Marsden (2011), ‘Invoking Direct Application and Effect of International Treaties by the European Court of Justice: Implications for International Environmental Law in the European Union’, International and Comparative Law Quarterly, 60 (3), July, 737–57 32. Kim Talus (2007), ‘Role of the European Court of Justice in the Opening of Energy Markets’, ERA Forum, 8 (3), September, 435–48 PART VI DEBATES AND APPROACHES 33. Helle Tegner Anker, Kars de Graaf, Ray Purdy and Lorenzo Squintani (2015), ‘Coping with EU Environmental Legislation – Transposition Principles and Practices’, Journal of Environmental Law, 27 (1), March, 17–44 34. Joanne Scott (2009), ‘From Brussels with Love: The Transatlantic Travels of European Law and the Chemistry of Regulatory Attraction’, American Journal of Comparative Law, 57 (4), Fall, 897–942 35. Sebastian Mielke (2013), ‘Regulating in Thin Air: Nanotechnology Regulation in the European Union’, Review of European, Comparative and International Environmental Law, Special Issue: Global and European Regulation of Nanotechnologies, 22 (2), July, 146–54 Volume III An introduction by the editors appears in Volume I PART I TRANSNATIONAL DIMENSIONS 1. Veerle Heyvaert (2013), ‘Regulatory Competition – Accounting for the Transnational Dimension of Environmental Regulation’, Journal of Environmental Law, 25 (1), March, 1–31 2. Kim Talus, Scott Looper and Steven Otillar (2012), ‘Lex Petrolea and Internationalisation of Petroleum Agreements: Focus on Host Government Contracts’, Journal of World Energy Law and Business, 5 (3), September, 181–93 PART II COMPARATIVE DIMENSIONS 3. Nicholas A. Robinson (1992), ‘International Trends in Environmental Impact Assessment’, Boston College Environmental Affairs Law Review, 19 (3), 591–621 4. Ben Boer (1999), ‘The Rise of Environmental Law in The Asian Region’, University of Richmond Law Review, 32, 1503–53 5. Michiel A. Heldeweg, Rene J. G. H. Seerden and Kurt R. Deketelaere (2004), ‘Public Environmental Law in Europe: A Comparative Search for a IUS Commune’, European Environmental Law Review, 13 (3), March, 78–89 6. Lord Justice Carnwath (2004), ‘Judicial Protection of the Environment: At Home and Abroad’, Journal of Environmental Law, 16 (3), 315–27 7. Helle Tegner Anker, Ole Kristian Fauchald, Annika Nilsson and Leila Suvantola (2009), ‘The Role of Courts in Environmental Law – A Nordic Comparative Study’, Nordic Environmental Law Journal, 23 (3), 9–33 8. Neil Gunningham (2011), ‘Enforcing Environmental Regulation’, Journal of Environmental Law, 23 (2), July, 169–201 9. Emma Lees (2016), ‘The Polluter Pays Principle and the Remediation of the Land’, International Journal of Law in the Built Environment, 8 (1), 2–20 10. Richard L. Ottinger (2006), ‘Legal Frameworks for Energy for Sustainable Development’, in Adrian J. Bradbrook, Rosemary Lyster, Richard L. Ottinger and Wang Xi (eds), The Law of Energy for Sustainable Development, Chapter 7, New York, NY, USA: Cambridge University Press, 103–23 11. Catherine Redgwell, Martha Roggenkamp, Anita Rønne and Iñigo del Guayo (2007), ‘Energy Law in Europe: Comparisons and Conclusions’, in Catherine Redgwell, Martha Roggenkamp, Anita Rønne and Iñigo del Guayo (eds), Energy Law in Europe: National, EU and International Regulation, Chapter 16, New York, NY, USA: Oxford University Press, 1265–358 PART III NATIONAL PERSPECTIVES (SELECTED QUESTIONS) 12. Ben Boer (1992), ‘World Heritage Disputes in Australia’, Journal of Environmental Law and Litigation, 7, 247–79 13. Jan Glazewski (1999), ‘Environmental Justice and the New South African Democratic Legal Order’, Acta Juridica, 1–35 14. M. K. Ramesh (2002), ‘Environmental Justice: Courts and Beyond’, Indian Journal of Environmental Law, 3 (1), June, 20–37 15. Richard Macrory (2008), ‘New Approaches to Regulatory Sanctions’, Environmental Law and Management, 20, 210–14 16. Colin T. Reid (2011), ‘The Privatisation of Biodiversity? Possible New Approaches to Nature Conservation Law in the UK’, Journal of Environmental Law, 23 (2), July, 203–31 17. Richard Lazarus (2012), ‘The National Environmental Policy Act in the U.S. Supreme Court: A Reappraisal and A Peek Behind the Curtains’, Georgetown Law Journal, 100, 1507–86 18. Gerd Winter (2013), ‘The Rise and Fall of Nuclear Energy Use in Germany: Processes, Explanations and the Role of Law’, Journal of Environmental Law, 25 (1), March, 95–124 19. Alex L. Wang (2013), ‘The Search for Sustainable Legitimacy: Environmental Law and Bureaucracy in China’, Harvard Environmental Law Review, 37, 365–440 PART VI DEBATES AND APPROACHES 20. Richard B. Stewart (1992), ‘Environmental Regulation and International Competitiveness’, Yale Law Journal, 102 (8), 2039–106 21. Peter Cane (2001), ‘Are Environmental Harms Special?’, Journal of Environmental Law, 13 (1), 3–20 22. Jody Freeman and Daniel A. Farber (2005), ‘Modular Environmental Regulation’, Duke Law Journal, 54 (4), February, 795–902 23. Elizabeth Fisher, Bettina Lange, Eloise Scotford and Cinnamon Carlarne (2009), ‘Maturity and Methodology: Starting a Debate about Environmental Law Scholarship’, Journal of Environmental Law, 21 (2), 213–50 24. Ole W. Pederson (2013), ‘Modest Pragmatic Lessons for a Diverse and Incoherent Environmental Law’, Oxford Journal of Legal Studies, 33 (1), Spring, 103–31 Index

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Book Synopsis'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.'- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.'- Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’– Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’– Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’ – Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’– Alan Randall, The Ohio State University, US and University of Sydney, Australia‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’– Darryl Jarvis, Hong Kong Institute of Education‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’– Tsai-yu Lin, National Taiwan University‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.'– Chinese Journal of Environmental Lawers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations.Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. TurriniTrade Review‘Chaisse and the various contributors to this book have made a timely addition to the water regulation discourse. They have produced a valuable resource for policy-makers who must resolve increasingly complex water regulation issues across a range of different contexts. It is also valuable to people at all other levels of society who are looking for something they can do either individually or as a community to move toward a positive water regulatory future.’ -- Heidi White, University of Tasmania Law Review‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’ -- Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’ -- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’ -- Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’ -- Alan Randall, The Ohio State University, US and University of Sydney, Australia‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’ -- Darryl Jarvis, Hong Kong Institute of Education‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’ -- Tsai-yu Lin, National Taiwan University‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.' -- Chinese Journal of Environmental LawTable of ContentsContents: Foreword: Ben Boer 1. Introduction Julien Chaisse PART I THE WATER CHALLENGE TO PUBLIC INTERNATIONAL LAW 2. Promoting Global Water-use Efficiency – Promises and Shortcomings of International Trade Rules Manzoor Ahmad 3. The Trade in Water Services – How Does GATS Apply to the Water and Sanitation Services Sector? Rebecca Bates 4. Virtual Water: A Global Economic Solution to a Local Environmental and Political Problem Paolo Turrini 5. Foreign Investment in Water – Privatization, Globalisation and the Law Julien Chaisse 6. The Right of the Host State to Regulate Water Services Catharine Titi 7. Regulation and Protection of Water in International Law: Terrestrial and Marine Perspectives Virginie J.M. Tassin PART II ETHICAL, LEGAL, AND SOCIAL ISSUES 8. Is Investment Arbitration inimical to the Human Right to Water? The Re-examination of Arbitral Decisions on Water Services Miharu Hirano and Shotaro Hamamoto 9. The Provision and Violation of Water Rights (The Case of Pakistan) – A Human Rights Based Approach Sikander Ahmed Shah 10. The Human Right to Clean Water and Sanitation - A Perspective from Nigeria Cosmas Emeziem 11. Troubled Waters: Impact of the Private Sector in Implementing the Right to Water Preetha Mahadevan 12. Sanitation Rights, Public Law Litigation, and Inequality – A Case Study from Brazil Ana Paula de Barcellos PART III ECONOMIC DRIVERS SHAPING THE FUTURE OF WATER 13. Demand for Infrastructure Investment for Water Services – Key Features and Assessment Methods Sacchidananda Mukherjee and Debashis Charkraborty 14. Residential Water Charges in Ireland – Policy Objectives and Funding Models Thomas McDonnell 15. The Role of Multinationals in Providing Water Services – Are they More Efficient? Tihomir Ancev, Samad Azad and Francesc Hernandez-Sancho 16. Microfinance in Water and Sanitation Services – Identifying Best Practices Jonatan A. Lassa and Allen Yu-Hung Lai Index

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Book SynopsisThis textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic.Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.Trade Review‘International Environmental Law: Text, Cases and Materials by Malgosia Fitzmaurice, Meagan S. Wong and Joseph Crampin provides the perfect teaching tool for international environmental law. The breadth of topics covered and the excellent content of its substance makes this an essential source for students, practitioners and all interested in international environmental law.’ -- Dr Nilüfer Oral, Director, NUS Centre for International Law and Member, International Law Commission‘International Environmental Law: Text, Cases and Materials is a long overdue book in the academic and practitioners’ world. Three distinguished jurists present a comprehensive publication covering the main areas of interest for all persons wishing to learn about the role and place of International Law in environmental discussions, negotiations and regimes’ setting. The legal elements influencing and shaping the treatment of the marine environment, the protection of the atmosphere and climate change, among other subjects, are presented in a well-structured and clear manner. Experts, practitioners, students, and professors from different backgrounds, will be pleased to use this book as a reference in their working activities and will find in it a source of inspiration. Spanning from principles and approaches to the multiple relationships with other branches of international law in the field of trade and armed conflicts, this book reflects the fertile process of affirmation and development of international law in our contemporary world.’‘A wonderfully accessible and necessary collection of essential materials in one of the most vital and dynamic fields of international law – this fine and intelligent editorial exercise will be of great utility to students, scholars and practitioners, a reminder of the vibrancy and depth of our efforts to protect our environment, and the challenges along the paths yet to be travelled.’ -- Professor Philippe Sands QC, University College London, UKTable of ContentsContents: Preface 1. Introduction PART I GENERAL PRINCIPLES AND APPROACHES 2. Sustainable development 3. Permanent sovereignty over natural resources 4. Prevention of transboundary harm 5. The precautionary principle 6. Polluter-pays principle 7. Intergenerational equity 8. The human right to a healthy environment 9. Environmental impact assessment PART II SUBSTANTIVE LAW 10. Protection of the marine environment 11. Conservation of marine living resources 12. Biodiversity and marine biodiversity 13. The law of international watercourses 14. Management of hazardous waste 15. Atmospheric protection 16. Climate change PART III IMPLEMENTATION AND ENFORCEMENT 17. Responsibility and liability for environmental damage 18. Non-compliance procedures 19. The settlement of environmental disputes PART IV ENVIRONMENTAL LAW AND INTERNATIONAL LAW 20. Trade and the environment 21. The protection of the environment in armed conflict Index

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Book SynopsisThis textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic.Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.Trade Review‘International Environmental Law: Text, Cases and Materials by Malgosia Fitzmaurice, Meagan S. Wong and Joseph Crampin provides the perfect teaching tool for international environmental law. The breadth of topics covered and the excellent content of its substance makes this an essential source for students, practitioners and all interested in international environmental law.’ -- Dr Nilüfer Oral, Director, NUS Centre for International Law and Member, International Law Commission‘International Environmental Law: Text, Cases and Materials is a long overdue book in the academic and practitioners’ world. Three distinguished jurists present a comprehensive publication covering the main areas of interest for all persons wishing to learn about the role and place of International Law in environmental discussions, negotiations and regimes’ setting. The legal elements influencing and shaping the treatment of the marine environment, the protection of the atmosphere and climate change, among other subjects, are presented in a well-structured and clear manner. Experts, practitioners, students, and professors from different backgrounds, will be pleased to use this book as a reference in their working activities and will find in it a source of inspiration. Spanning from principles and approaches to the multiple relationships with other branches of international law in the field of trade and armed conflicts, this book reflects the fertile process of affirmation and development of international law in our contemporary world.’‘A wonderfully accessible and necessary collection of essential materials in one of the most vital and dynamic fields of international law – this fine and intelligent editorial exercise will be of great utility to students, scholars and practitioners, a reminder of the vibrancy and depth of our efforts to protect our environment, and the challenges along the paths yet to be travelled.’ -- Professor Philippe Sands QC, University College London, UKTable of ContentsContents: Preface 1. Introduction PART I GENERAL PRINCIPLES AND APPROACHES 2. Sustainable development 3. Permanent sovereignty over natural resources 4. Prevention of transboundary harm 5. The precautionary principle 6. Polluter-pays principle 7. Intergenerational equity 8. The human right to a healthy environment 9. Environmental impact assessment PART II SUBSTANTIVE LAW 10. Protection of the marine environment 11. Conservation of marine living resources 12. Biodiversity and marine biodiversity 13. The law of international watercourses 14. Management of hazardous waste 15. Atmospheric protection 16. Climate change PART III IMPLEMENTATION AND ENFORCEMENT 17. Responsibility and liability for environmental damage 18. Non-compliance procedures 19. The settlement of environmental disputes PART IV ENVIRONMENTAL LAW AND INTERNATIONAL LAW 20. Trade and the environment 21. The protection of the environment in armed conflict Index

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Book SynopsisThe Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption.Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field.This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. ZiganshinaTrade Review‘This book is a timely addition to the discourse on transboundary water management and is an excellent collection of interrelated papers written by academics and practitioners exploring and analysing international water law from diverse perspectives. In the range of topics that this compilation covers, it is a definitive guide to the rapidly growing areas of concern of international water resource allocation, water management and dispute resolution.’ -- Roopa Madhav, LEAD: Law, Environment and Development JournalTable of ContentsContents: Preface Foreword by Stephen M. Schwebel Introduction Stephen C. McCaffrey, Christina Leb and Riley T. Denoon Part I Evolution of International Water Law 1. From Treaty Practice to the UN Watercourses Convention Alistair Rieu-Clarke 2. The Work of International Legal Expert Bodies Joseph W. Dellapenna 3. The Global Water Treaties and their Relationship Attila Tanzi 4. Inter-Jurisdictional Water Allocation in Federal Systems: Lessons for International Water Law Rhett Larson and A. Dan Tarlock Part II General Principles and Key Obligations of International Water Law 5. Intertwined General Principles Stephen C. McCaffrey 6. Implementation of the General Duty to Cooperate Christina Leb 7. Prior Notice and Related Issues Lucius Caflisch 8. Environmental Protection and the Ecosystem Approach Owen McIntyre 9. The application of the general principles and key obligations to internationally shared groundwater María Milanés-Murcia Part III International Water Law and its Relation With Other Areas of Law 10. Water and Multilateral Environmental Agreements: An Incomplete Jigsaw Puzzle Daniel Barstow Magraw and Patsorn Udomritthiruj 11. International Water Law and Climate Disruption A. Dan Tarlock 12. Water and International Trade Law Daniel Barstow Magraw and Deepika Padmanabhan 13. Water in International Humanitarian Law Mara Tignino Part IV Human Right to Water and Vital Human Water Needs 14. The Human Right to Water Inga T. Winkler 15. The Human Right to Water in a Transboundary Context Anna F.S. Russell 16. The UNECE Protocol on Water and Health for the Implementation of the Right to Drinking Water and Sanitation Attilla Tanzi and Gian Maria Farnelli Part V Dispute Settlement and Compliance 17. The Permanent Court of International Justice, The International Court of Justice and international water law: Versatility in Consistency Laurence Boisson de Chazournes 18. The Role of Scientific and Technical Experts Cicely O. Parseghian and Benjamin K. Guthrie 19. The Implementation Mechanism and Committee Established Under the UNECE Convention on the Protection of Transboundary Watercourses and International Lakes Johan G. Lammers Part VI Regional Approaches 20. Creating Basin Mechanisms in Southern Africa Richard K. Paisley and Maaria Curlier 21. West African Approaches to International Law and Treaty Practice Makane Moïse Mbengue and Nwamaka Odili 22. The Nile Basin: Changing Legal Contours Salman M.A. Salman 23. Europe: International Water Law and the EU Water Framework Directive Götz Reichert 24. Central Asia: the Aral Sea Basin Dinara R. Ziganshina 25. South Asian Water Treaty Practice: An Overview Kishor Uprety 26. China’s International Water Relations Yu Su 27. Transboundary Water Cooperation between the Russian Federation and the Neighboring States: Legal and Institutional Frameworks Sergei Vinogradov and Patricia Wouters 28. A Panoptic View of International Water Law in Latin America Lilian del Castillo Laborde 29. A Long History of Cooperation between Canada and the United States on Boundary Waters Richard K. Paisley Index

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Book Synopsis'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.'- David Grinlinton, Journal of Energy & Natural Resources LawThis timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance.Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotzé, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. WentzTrade Review'The book brings together scholars from all over the world to address issues of energy governance and sustainability. It provides a unique insight into the nexus between theory, human rights constitutionalism, environmental justice and the practical application of energy policy and legislation ranging from energy supply, renewable energy, energy markets and financing to hydraulic fracturing and energy efficiency. The book brings perspectives from the developed and developing world and proposes recommendations on how the energy crisis can be addressed from a legal perspective. Although the book is written from a legal perspective, scholars and practitioners from other disciplines will also find the book insightful.' --Willemien Du Plessis, North-West University, South Africa'The IUCN Academy of Environmental Law has forged a global reputation as one of the leading forums for environmental law scholarship, as exemplified by this important new volume on energy governance. Professors Jaria i Manzano, Chalifour and Kotze have masterfully crafted an internationally diverse and thought-provoking account of the state of energy law and its future reform. For anyone concerned about addressing climate change, this book should be essential reading.' --Benjamin J. Richardson, University of Tasmania, Australia'Energy governance is a problem worldwide. Identification of causes, options and solutions are therefore very welcome. This book does this. It sketches the essential foundations for a sustainable energy governance, illustrated by different experiences and identifying governance gaps which have to be tackled. A job well done by the team of Jaria i Manzano, Chalifour and Kotze.' --Kurt Deketelaere, KU Leuven and Secretary-General, LERTable of ContentsContents: 1. Energy Governance — A Key Challenge in the Era of Globalization Jordi Jaria i Manzano, Nathalie J. Chalifour and Louis J. Kotzé PART I FOUNDATIONS 2. Germany’s ‘Energiewende’: What Can Environmental Law Scholarship Learn From it? Klaus Bosselmann 3. Ten Good Practices in Environmental Constitutionalism that can Contribute to Sustainable Shale Gas Development James R. May and Erin Daly 4. Human Rights versus Human Needs: Debating the Language for Universal Access to Modern Energy Services Manuel Peter Samonte Solis 5. Using Social Science Perspectives on Risk to Implement an Environmental Justice Analysis Elodie Le Gal 6. Scaling Up Local Solutions: Creating an Enabling Legal Environment for the Deployment of Community-Based Renewable Microgrids Jessica Wentz and Chiara Pappalardo 7. Innovative Financing for Renewable Energy Richard L. Ottinger and John Bowie PART II EXPERIENCES 8. Energy and Smart Cities — Perspectives from a City-State, Singapore Lye Lin-Heng and Melissa Low 9. Judicial Perspectives on Renewable Energy and Climate Change Governance Trevor Daya-Winterbottom 10. A Reflection on Some Legal Aspects of Decision Control in the Energy Transition Process: A Comparison of France and Germany Anaïs Guerry 11. Learning from Europe: Some Ideas for the Energy Improvement of the US Existing Building Stock Teresa Parejo-Navajas 12. Sustainable Sewage Melissa K. Scanlan PART III GOVERNANCE GAPS 13. Environmentally Displaced Persons in the Niger Delta: Challenges and Prospects Eloamaka Carol Okonkwo 14. Agriculture, Energy and Development: An Uneasy Relationship Cristiane Derani Index

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Book SynopsisScarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights.Contributors include: N. Bankes, A. Belinskij, H. Coetzee, E. Couzens, M. Couzens, D. Curran, L. Dai, D. Fisher, E.J. Hollo, I. Kornfeld, L. Kotzé, T. Kuokkanen, S. Mascher, E.N. Nyanchaga, M. Onestini, T. Paloniitty, M. Reese, B. Schmidt, M. van Rijswick, P. VihervuoriTrade Review‘The book is to be considered as a scholarly work on water management law which will be useful for anyone interested in the conservation of water as well as proper management and allocation of water.’ -- Amrithnath SB, LEAD: Law, Environment and Development JournalTable of ContentsContents: INTRODUCTION The Concept and Traditions of Water Management Law Erkki J. Hollo PART I The role of public and private law in the context of water allocation 1. Common law and public domain approaches to water governance: an Australian perspective Douglas Fisher 2. A comparison of constitutional provisions on water-related rights in Southern African states Ed Couzens and Meda Couzens 3. Private and public ownership of water areas - structures and implications of the Finnish model Pekka Vihervuori 4. Human right to water: Argentine cases, Human rights – are they enforceable? Maria Onestini 5. Struggle for Water Rights between the Natives and the European Settlers: A Case Study of Njoro Kubwa Springs (1947-56) Ezekiel Nyangeri Nyanchaga PART II Models of water allocation 6. Towards a sustainable, balanced and equitable allocation of water use rights Liping Dai, Marleen van Rijswick and Bram Schmidt 7. The role of private property rights in Australia’s and Canada’s modern water allocation regimes Sharon Mascher and Deborah Curran 8. Recovery of costs for water uses at the different levels of water law Antti Belinskij PART III Transboundary water management 9. Tensions and relationships in international water law Tuomas Kuokkanen 10. The Columbia River Treaty between Canada and the United States of America – time for change? Nigel Bankes 11. Kansas v. Colorado: state sovereignty and the equitable allocation of water Itzchak E. Kornfeld PART IV Water allocation under the threat of environmental destruction 12. Climate change adaptation in water management - Regulatory challenges and approaches Moritz Reese 13. Regulatory Framework of China’s Water Quality Management Liping Dai 14. Does It Take Three to Tango? The Practitioner’s Viewpoint to Three EU Governance Instruments Addressing the Agricultural Runoff Dilemma Tiina Paloniitty 15. Shale gas development and water in South Africa: regulatory aspects Hennie Coetzee and Louis J. Kotzé Index

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Book SynopsisClimate change has thrust us into a ''no-analog'' future in which climate disasters threaten to cause extraordinary damage, with little precedent to guide policymakers and private actors. Addressing such risks requires a firm grounding in disaster risk reduction, climate change policy, and environmental law. This Research Handbook provides readers with that integrated foundation, investigating topics in international law as well as domestic programs from countries around the world. Because climate disasters affect both government and non-government actors, the Research Handbook covers issues of both public and private law. We know from the scientific literature and recent experience that the laws addressing natural disasters are insufficient to confront disasters amplified by climate change. The Research Handbook acknowledges that the majority of disasters are susceptible in some way to changes in the earth's climate and explores the barriers to, and opportunities for, finding legal solutions to the risks posed by such disasters. It shows that climate change must be considered in order to fully understand disaster risk and the respective legal and policy responses.The Research Handbook also emphasizes the moral responsibility we have to move as quickly as possible to create a carbon-free economy.This work will be of great appeal to legal scholars, practitioners, and policymakers who are interested in environmental law or climate change as it relates to international and domestic law and policy.Contributors include: C.A. Arnold, C. Bakker, M. Burkett, S. Donald, J.D. Echeverria, D.A. Farber, M. Faure, M.B. Gerrard, Q. He, R. Kundis Craig, S. Kuo, D.A. Kysar, R. Lyster, T. Parejo-Navajas, J. Peel, L. Rajamani, S. Shapiro, T. Stephens, L.G. Sun, K. Tracy, R.R.M. Verchick, J. VerschuurenTrade Review'As the global community struggles to reduce emissions to avoid the worst impacts of human induced climate change, climate disaster law is emerging as a new area of climate law that demands the attention of academics, policymakers and practicing lawyers alike. This book offers critical insights on the key climate issues we will have to contend with in years to come; the scale of which will largely depend on our collective effort to mitigate those issues today!' --Meinhard Doelle, Dalhousie University, CanadaTable of ContentsContents: Introduction to the Research Handbook on Climate Disaster Law Rosemary Lyster and Robert R. M. Verchick PART I INTERNATIONAL LAW AND CLIMATE DISASTERS 1. Wishful Thinking? The Governance of Climate Change-Related Disasters in the Anthropocene Tim Stephens 2. The Principle of Common But Differentiated Responsibilities and Respective Capabilities In the International Climate Change Regime Lavanya Rajamani 3. The Evolving Nature of Sovereignty in the Context of Climate Change Christine Bakker 4. International Environmental Law and Climate Disasters Jacqueline Peel 5. Climate-induced displacement and climate disaster law: Barriers and Opportunities Rosemary Lyster and Maxine Burkett PART II PUBLIC LAW AND CLIMATE DISASTERS 6. Governance Principles and Climate Disasters: Constitutional and Administrative Law Issues Daniel A. Farber 7. Disaster Law and Order Lisa Grow Sun 8. Occupational Health and Safety Law Sidney Shapiro and Katherine Tracy PART III ENVIRONMENTAL LAW AND CLIMATE DISASTERS 9. Adaptive Law Craig Anthony (Tony) Arnold 10. Planning for Climate Change Disaster Robert R. M. Verchick 11. Building and Construction Law Teresa Parejo-Navajas and Michael B. Gerrard 12. The Uneasy Case for Disaster Buyouts Susan S. Kuo 13. Water Law and Climate Disasters Robin Kundis Craig 14. Protecting the Power Grid from Climate Disasters Rosemary Lyster and Robert R. M. Verchick 15. The Law of the Polar Bear John Copeland Nagle 16. Agriculture, Climate disasters, and the Law Jonathan Verschuuren PART IV PRIVATE LAW AND CLIMATE DISASTERS 17. Tort Law and Normative Rupture R. Henry Weaver and Douglas A. Kysar 18. Climate Change and Property Law John D. Echeverria 19. Private Law and Climate Disasters: Insurance Law Michael Faure and Qihao He 20. Climate Change and Fiduciary Investors: Weathering a Disaster Scenario M. Scott Donald Index

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Book SynopsisThis thought-provoking book stimulates dialogue and action on the role of global ethics in the governance of both individual societies and the international order. Such inquiry is imperative given the extraordinary challenges that face the world today. Calling for a renewed discussion on global ethics, this unique book responds to two seminal texts on global ethics and the promise of the Earth Charter written by J. Ronald Engel whose pioneering work continues to influence the debate over democracy's place in the Anthropocene. It aims to inspire an active movement that can reclaim the moral high ground and motivate the vision of a just, sustainable future. Leading figures in environmental ethics, philosophy and law approach questions surrounding global ethics and governance from a range of cultural and philosophical perspectives. Emphasis is placed on the role that ''declarations'' such as the Earth Charter can play in this work, alongside the importance of deepening global dialogues. The Crisis in Global Ethics and the Future of Global Governance will appeal to students and academics working in the fields of law, philosophy and the social sciences, as well as community groups endorsing the Earth Charter and global initiatives.Trade Review'The scholars in this book have stepped forward in this volume to continue the debate about the global ethics movement, its recent triumphs, failures and, above all, challenges ahead. Anyone concerned with the dignity of the human race and the majesty of Planet Earth, and the contemporary threats to both, will find the intellect and wisdom in the book pleasurably spiritual and absorbing.' --Parvez Hassan, Hassan and Hassan, PakistanTable of ContentsContents: 1. Editors Preface 2. Fulfilling the Promise of the Earth Charter Part I The Call for a New Democratic Earth Covenant 3. Summons to a New Axial Age: The Promise, Limits and Future of the Earth Charter J. Ronald Engel 4. Can the Earth Charter Movement Be Renewed? The Covenantal Promise of the Earth Charter Movement J. Ronald Engel Part II Responses 5. Towards a World Constitutional Order Klaus Bosselmann 6. From Stardust to Sacred Sands: Protecting Life on Earth through a Human Story of Ethics, Care, and the Cosmos Kathryn A. Gwiazdon 7. The Earth Charter Facing the Anthropocene Epoch Holmes Rolston III 8. Rethinking Global Ethics in the Anthropocene Peter D. Burdon 9. Earth Law into the Anthropocene Nicholas A. Robinson 10. Governing Ecological Governance in the Anthropocene: A New Covenant of Eco-communitarianism Bruce Jennings 11. Promising the Earth: The Need for Engelian Convenant-Making in the Anthropocene Brendan Mackey and Nicole Rogers 12. Global Ethics and the Earth Charter Nigel Dower 13. J. Ronald Engel’s Vision for Achieving a Sustainable World Donald A. Brown 14. From the Earth Charter to the Ecozoic Peter D. Brown 15. The Quest for Democracy Laura Westra 16. Answering the Summons: Contemporary Prospects for Global Dialogue Stephen Rowe 17. Global Charters and Covenants for the Flourishing of Life: A Subaltern Ethical Critique George Zachariah 18. Rewilding the Covenant of Life with Compassion: A Future for Global and Sustainability Ethics William S. Lynn 19. Revisiting the Earth Charter 20 Years Later: A Response to Ron Engel Richard Falk 20. Keeping Faith with Life Prue Taylor 21. Promoting Global Ethics: The Earth Trusteeship Initiative Klaus Bosselmann and Prue Taylor 22. Full text of the Earth Charter 23. Author notes Index

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Book SynopsisAt the time of the 1972 Stockholm UN Conference on the Human Environment, the concept of sustainable development and the subject of international environmental law were virtually unknown. Since then, the importance of the subject has burgeoned, as has the number and complexity of the legal instruments that seek to address the threats posed to the planet by humankind. Deforestation, marine pollution, climate change, loss of biodiversity and similar concerns are now familiar - and still unresolved - problems. This research review discusses a selection of key articles on the seminal issues of sustainable development and international environmental law, providing the reader with a solid understanding of the breadth and texture of the legal issues involved.Trade Review‘David Freestone has compiled a first-rate collection of classic essays that probe the profound effects that two ideas - “sustainable development” and “international environmental law” - have had upon the field of international law over the past forty years. This compendium serves as a timely reminder of our past, as we look to solve some of the most critical problems of our future.’Table of ContentsContents: Acknowledgements Introduction David Freestone PART I ORIGINS 1. Jutta Brunnée (2009), ‘The Stockholm Declaration and the Structure and Processes of International Environmental Law’, in Aldo Chircop, Ted L. McDorman and Susan J. Rolston (eds), The Future of Ocean Regime-Building: Essays in Tribute to Douglas M. Johnston, Part II, Leiden, the Netherlands: Koninklijke Brill NV, 41–62 2. Hans Christian Bugge (2008), ’1987–2007: “Our Common Future” Revisited’, in Hans Christian Bugge and Christina Voigt (eds), Sustainable Development in International and National Law: What did the Brundtland Report do to Legal Thinking and Legal Development, and Where can we go From Here?, Part I, Chapter I.I, Groningen, the Netherlands: Europa Law Publishing, 1, 3–21 3. Günther Handl (1995), ‘Sustainable Development: General Rules versus Specific Obligations’, in Winfried Lang (ed.), Sustainable Development and International Law, Part Two, Chapter 4, London, UK: Graham & Trotman Ltd, 35–43 4. David Freestone (1994), ‘The Road from Rio: International Environmental Law after the Earth Summit’, Journal of Environmental Law, 6 (2), January, 193–218 5. Alan Boyle and David Freestone (1999), ‘Introduction’, in International Law and Sustainable Development: Past Achievements and Future Challenges, Chapter 1, New York, NY, USA: Oxford University Press, 1–18 6. Davor Vidas, Jan Zalasiewicz and Mark Williams (2014), ‘What Is the Anthropocene – and Why Is It Relevant for International Law?’, Yearbook of International Environmental Law, 25 (1), 3–23 PART II LAW MAKING 7. Ian Brownlie (1973), ‘A Survey of International Customary Rules of Environmental Protection’, Natural Resources Journal, 13 (2), April, 179–89 8. Geoffrey Palmer (1992), ‘New Ways to Make International Environmental Law’, American Journal of International Law, 86 (2), April, 259–83 9. Daniel Bodansky (1995), ‘Customary (and Not So Customary) International Environmental Law’, Global Legal Studies Journal, Symposium: International Environmental Law and Agencies: The Next Generation, 3 (1), Fall, 105–19 10. A. E. Boyle (1999), ‘Some Reflections on the Relationship of Treaties and Soft Law’, International and Comparative Law Quarterly, 48 (4), October, 901–13 PART III PRINCIPLES 11. Edith Brown Weiss (1990), ‘Our Rights and Obligations to Future Generations for the Environment’, American Journal of International Law, 84 (1), January, 198–207 12. David Freestone (1991), ‘The Precautionary Principle’, in Robin Churchill and David Freestone (eds), International Law and Global Climate Change, Chapter 2, London, UK: Graham and Trotman Ltd, 21–39, references 13. Duncan French (2000), ‘Developing States and International Environmental Law: The Importance of Differentiated Responsibilities’, International and Comparative Law Quarterly, 49 (1), January, 35–60 PART IV INSTITUTIONS 14. Daniel C. Esty (1994), ‘The Case for a Global Environmental Organization’, in Peter B. Kenen (ed.), Managing the World Economy: Fifty Years After Bretton Woods, Part III, Chapter 7, Washington, DC, USA: Institute for International Economics, 287–309 15. Peter H. Sand (1999), ‘Carrots without Sticks? New Financial Mechanisms for Global Environmental Agreements’, Max Planck Yearbook of United Nations Law, 3, September, 363–88 PART V HUMAN RIGHTS 16. Dinah Shelton (1991), ‘Human Rights, Environmental Rights, and the Right to Environment’, Stanford Journal of International Law, 28, 103–38 17. Jane McAdam (2011), ‘Swimming against the Tide: Why a Climate Change Displacement Treaty is Not the Answer’, International Journal of Refugee Law, 23 (1), March, 2–27 18. Alan Boyle (2012), ‘Human Rights and the Environment: Where Next?’, European Journal of International Law, 23 (3), August, 613–42 19. Dinah Shelton (2015), ‘Whiplash and Backlash – Reflections on a Human Rights Approach to Environmental Protection’, Santa Clara Journal of International Law, 13 (1), 11–29 PART VI CONSERVATION OF NATURE 20. Cyril De Klemm (1989), ‘Migratory Species in International Law’, Natural Resources Journal, 29 (4), Fall, 935–78 21. Daniel M. Bodansky (1995), ‘International Law and the Protection of Biological Diversity’, Vanderbilt Journal of Transnational Law, 28, 623–34 22. Elisa Morgera and Elsa Tsioumani (2010), ‘Yesterday, Today, and Tomorrow: Looking Afresh at the Convention on Biological Diversity’, Yearbook of International Environmental Law, 21 (1), 3–40 23. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European, Comparative and International Environmental Law, Special Issue: Focus on CITES+40, 22 (3), November, 251–63 PART VII ATMOSPHERE 24. 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 25. F. Sherwood Rowland (2001), ‘Atmospheric Changes Caused by Human Activities: From Science to Regulation’, Ecology Law Quarterly, 27 (4), January, 1261–93 26. David Freestone (2016), ‘The United Nations Framework Convention on Climate Change – The Basis for the Climate Change Regime’, in Cinnamon P. Carlane, Kevin R. Gray and Richard Tarasofsky (eds), The Oxford Handbook of International Climate Change Law, Part II, Chapter 5, New York, NY, USA: Oxford University Press, 97–119 27. Daniel Bodansky (2016), ‘The Legal Character of the Paris Agreement’, Review of European, Comparative and International Environmental Law, Special Issue: The Paris Agreement, 25 (2), July, 142–50 PART VIII OCEANS 28. Alan E. Boyle (1985), ‘Marine Pollution under the Law of the Sea Convention’, American Journal of International Law, 79 (2), April, 347–72 29. David Freestone and Zen Makuch (1996), ‘The New International Environmental Law of Fisheries: The 1995 United Nations Straddling Stocks Agreement’, Yearbook of International Environmental Law, 7 (1), 3–51 30. Ellen Hey (2011), ‘The Interplay between Multilateral Environmental and Fisheries Law: A Struggle to Sustainably Regulate Economic Activity – Including A Case Study of The North Sea’, Japanese Yearbook of International Law, 54, 190–217 31. Kristina M. Gjerde (2012), ‘Challenges to Protecting the Marine Environment beyond National Jurisdiction’, International Journal of Marine and Coastal Law, 27 (4), 839–47 PART IX HAZARDOUS SUBSTANCES 32. Alexandre Kiss (1991), ‘The International Control of Transboundary Movement of Hazardous Waste’, Texas International Law Journal, 26, 521–39 33. Noelle Eckley Selin and Henrik Selin (2006), ‘Global Politics of Mercury Pollution: The Need for Multi-Scale Governance’, Review of European Community and International Environmental Law, 15 (3), November, 258–69 PART X SPECIFIC REGIMES 34. Steve Charnovitz (2007), ‘The WTO’s Environmental Progress’, Journal of International Economic Law, 10 (3), September, 685–706 35. Gregory Rose and Ben Milligan (2009), ‘Law for the Management of Antarctic Marine Living Resources: From Normative Conflicts towards Integrated Governance?’, Yearbook of International Environmental Law, 20 (1), 41–87 36. Ben Boer and Ian Hannam (2015), ‘Developing a Global Soil Regime’, International Journal of Rural Law and Policy, Special Edition: Soil Governance, 1, 1–13 37. Salman M. A. Salman (2015), ‘Entry into Force of the UN Watercourses Convention: Why Should it Matter?’, International Journal of Water Resources Development, 31 (1), 4–16 PART XI COMPLIANCE AND JUDICIAL SETTLEMENT 38. Günther Handl (1997), ‘Compliance Control Mechanisms and International Environmental Obligations’, Tulane Journal of International and Comparative Law, 5, Spring, 29–49 39. Alan Boyle and James Harrison (2013), ‘Judicial Settlement of International Environmental Disputes: Current Problems’, Journal of International Dispute Settlement, 4 (2), July, 245–76 Index

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Book Synopsis'In this important book, Benoît Mayer forces us to confront the implications of labelling in the climate migration context, and skillfully leverages this debate to shine a light on broader questions of the evolving role of global governance. His forthright analysis is both refreshing and appropriately challenging.'- James C. Hathaway, University of Michigan Law School'The discussion on the legal aspects of climate migration is often limited to the issue of the legal status. Yet the debate extends way further, and Mayer offers a much-needed broader look at the different dimensions of this concept, their legal implications and political caveats.'- François Gemenne, University of Liège, Belgium, and Sciences Po, FrancePolitical narratives on climate or environmental migration have been deployed in support of policy arguments relating to humanitarian assistance, migration, and climate change, or to promote national security or economic interests. But while climate change certainly has various impacts on human mobility, it does not appear to create distinct ''climate migrants'' or (in general) unprecedented migration scenarios. In this timely book, Benoit Mayer offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration.The Concept of Climate Migration identifies the essential narratives around climate migration - the humanitarian narrative, the migration narrative and the climate change narrative - and assesses their prospects. It argues that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. Throughout the discussion, it appears that the weaknesses of the concept of "climate migration" are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.This discerning book explores new paradoxes in political advocacy and relates them to some of the greatest challenges to contemporary global governance. It will be of great interest to researchers and postgraduate students interested in climate migration, climate change and the law, or anyone involved in advocacy around these important issues.Trade Review'The book addresses the very timely and controversial concept of climate migrants. With great skill and thoroughness, Mayer discloses the ambivalence that lies in this concept: It may foster desirable developments as well as undesirable ones, depending on the way it is being used in political advocacy. The danger is that the concept of climate migrants could heighten the general anxiety about climate change and be detrimental to causes such as human rights protection and climate change responsibility. Yet, it could facilitate stronger international cooperation, international assistance and solidarity. (The concept of ''climate migrants'' carries with it an understanding of complex, global interdependence and arguments for states to not ignore the protection of vulnerable peoples outside their jurisdiction. Moreover, the concept might also contribute to a greater understanding of states' responsibility under international law to drastically reduce their excessive greenhouse gas emissions.)All in all, the book sheds light on one of the major challenges that today's system of global governance faces: the inertia to address collective issues in a cooperative and effective manner. The solution to this challenge may lie beyond the scope of this book, but it certainly is an important step in analysing the underlying legal and political dimensions and constrains to providing such solution.' --Christina Voigt, University of Oslo, Norway'Professor Mayer clearly and persuasively argues that . . . the effects of climate change on migration cannot and should not be addressed in isolation from broader concerns over migrant welfare and environmental protection. His insightful, interdisciplinary book requires us to rethink our assumptions about the relationship of climate change and migration, and provides a strong platform for future scholarship and policy.' --John H. Knox, UN Special Rapporteur on Human Rights and the Environment and Wake Forest University'With stories about migration and climate change making daily headlines, Benoît Mayer's insightful analysis of the concept of ''climate migration'' is particularly timely. Mayer's careful and critical deconstruction of the concept offers a fresh scholarly perspective on how the challenges of migration and climate change are intertwined. Its clear guidance on how the elusive concept can be used in political advocacy should put the book on the reading list of anyone concerned with tackling two of the most important global challenges of this day and age in conjunction.' --Harro van Asselt, University of Eastern FinlandTable of ContentsContents: Introduction 1. Conceptualizing Climate Migration 2. The Humanitarian Narrative - Human Rights, Global Justice, and the Limits of Humanitarian Reason 3. The Migration Narrative - Protection Gaps, the Refugee Analogy, and the Rights of Migrants 4. The Responsibility Narrative - Anthropogenic Climate Change, Migration as Injury, and Interference in Place of Reparation 5. Pragmatic Narratives - Self-Interests, National Aspirations, and Global Complex Interdependence Conclusion Bibliography Index

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Book SynopsisEditor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S. Trade Review'Combating Climate Change with Section 115 of the Clean Air Act shows how a farsighted section of the Clean Air Act - the international air pollution provision - can provide the President with ample authority to achieve our global climate commitments, even in the absence of new legislation. Its carefully reasoned approach could be the basis for crafting an effective U.S. climate policy under existing law, and once again, make the United States a global leader in tackling the climate crisis.' --ohn Podesta, Former White House Chief of Staff and Founder of the Center on American Progress, US'Produced by an all-star team of top environmental lawyers, Combating Climate Change with Section 115 of the Clean Air Act offers a detailed action plan and legal foundation for taking on climate change using the existing - but untested - Clean Air Act regulatory authority to address international air pollution. Creative, comprehensive, and detailed, this book could well become the go-to guide for those who want to see the United States reassert a leadership role in response to the build-up of greenhouse gas emissions in the atmosphere.' --Dan Esty, Yale University, USTable of ContentsContents: Foreword ix Hon. Henry Waxman 1 Introduction 1 Michael Burger PART I CONTENT 2 The legislative history of Section 115 15 Philip S. Barnett 3 Section 115 in practice 41 Justin Gundlach 4 The environmental case for action under Section 115 62 Michael B. Gerrard 5 The economic case for action under Section 115 79 Jason Schwartz and Jayni Hein PART II DEFINITIONS 6 Judicial review in the new age of deference 101 Jonathan Z. Cannon 7 The Substantive elements of Section 115 125 Michael Burger and Daniel P. Selmi 8 Procedural reciprocity 153 Keith J. Benes 9 Substantive reciprocity 176 Ann E. Carlson 10 EPA’s nondiscretionary duties to act under Section 115 192 Cale Jaffe and Michael A. Livermore PART III IMPLEMENTATION 11 The Section 115 SIP call 208 Phil Barnett and Alexandra E. Teitz 12 Implementing Section 115 through the SIP revision process 239 Jared Snyder and Jessica Wentz 13 Transportation fuels and consumer natural gas 274 Jayni Foley Hein 14 Offsets 292 Jason Schwartz 15 Addressing carbon leakage in a Section 115 world 311 Greg Dotson Index

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Book SynopsisThe oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.Table of ContentsContents: Preface xxvii PART I KEY PRINCIPLES AND ISSUES RELATED TO GOVERNING LAW AND DISPUTE RESOLUTION IN THE OIL AND GAS INDUSTRY 1 The oil and gas industry is prone to disputes 2 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 2 Governing law of oil and gas agreements and of disputes arising in the oil and gas industry 22 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 3 Dispute resolution planning in oil and gas projects 59 Elina Aleynikova, Tuuli Timonen and Eduardo G Pereira 4 Future of oil and gas disputes 86 Elina Aleynikova, Tuuli Timonen and Eduardo G. Pereira PART II KEY JURISDICTIONS’ APPROACH TOWARDS GOVERNING LAW AND DISPUTE RESOLUTION IN THE OIL AND GAS INDUSTRY A. Americas 5 Argentina 102 Pablo Rueda and Marcos Blanco 6 Bolivia 117 Ramiro Moreno Baldivieso 7 Brazil 126 Flávio Spaccaquerche Barbosa and Vanessa Winkler 8 Canada 139 Philip Abraham, Rachel A. Howie, Kim Martyn and Adrienne O’Reilly 9 Mexico 157 Juan Carlos Serra Campillo and Jorge Eduardo Escobedo Montaño 10 United States of America 168 Lisa M. Bohmer B. Africa 11 Algeria 187 Waniss Almashri Otman 12 Angola 210 José-Miguel Júdice, Ana Oliveira Rocha and Ana Coimbra Trigo 13 Ghana 220 Thomas Kojo Stephens and Seyram Dzikunu 14 Libya 233 Waniss Almashri Otman 15 Mozambique 253 José-Miguel Júdice, Ana Oliveira Rocha and Ana Coimbra Trigo 16 Nigeria 261 Olayemi Anyanechi C. Asia 17 Azerbaijan 280 Anna Dreyzina 18 China 294 Michael Polkinghorne and Anna Chuwen Dai 19 Indonesia 315 Debby Sulaiman and Ali Nasir 20 Iran 329 Seyed Nasrollah Ebrahimi 21 Kazakhstan 348 Yerbolat Yerkebulanov and Bakhyt Tukulov 22 Qatar 360 Francis Nii Botchway and Abdullah Dohan Al-Shammari 23 England and Wales 372 Mark Clarke and James Hart 24 France 389 Kirsten Odynski, Philippe Boisvert, Menalco J. Solis, and Agathe Mercier 25 Georgia 404 Ketevan Betaneli 26 The Netherlands 422 Kasper Krzeminski and Lisa Schoenmakers 27 Russia 435 Noah Rubins QC, Alexey Yadykin and Dmitry Kazhaev Index

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Book SynopsisThis original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.Table of ContentsContents: Preface and Acknowledgements 1. The Twentieth Century: Dams and the Epic Struggle to Control Nature 2. America and the Age of Dams 3. A Brief Survey of Human Rights Law 4. Funding Mega-Dams: The Multilateral Banks 5. The Yacyretá Dam: Adiós to Paradise and the Destruction of Human Rights 6. Dark Lessons from the Senegal River 7. The Southeastern Anatolia Project (GAP): The loss of cultural heritage 8. The Narmada Dam, India: The courage of tribals 9. Zambia’s Kariba Dam 10. The Xayaburi Dam on the Mekong River 11. The Oldman Dam, Alberta, Canada Epilogue Index

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Book SynopsisThis highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers. The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance. Taking a comparative, interdisciplinary approach, Protecting the Third Pole will be a key resource for legal and policy scholars. NGO's and practitioners will also benefit from its detailed analysis.Trade Review'This book offers an in-depth assessment of the relevance of international environmental law for protecting one of the world s most fascinating ecological regions - the Hindu Kush Himalayas and Tibetan Plateau. The Third Pole, as this high altitude area is known, is under enormous pressure from local, regional and global threats, including climate change. Marsden assesses the potential for 'transplanting' successful environmental regimes from other contexts to the Third Pole, and makes a major contribution to understanding the potential for enhanced environmental governance in this vital region.' --Tim Stephens, University of Sydney, Australia'While to some extent international law protects the first two poles (the Arctic and Antarctic), it has largely been ignored for the Third Pole (the Hindu Kush Himalayas / Tibetan Plateau). This book responds to this by reviewing measures for Asia's polar region. Supplementing analysis of customary international law with potential treaty law, it analyses the practicalities of legal borrowing together with the content of such measures. In doing so it provides an extremely welcome contribution to existing literature on international transplants and broadens the discipline of polar law.' --Timo Koivurova, University of Lapland, FinlandTable of ContentsContents: Preface 1. Introduction 2. International Legal Transplants 3. Developing Global Protected Areas 4. Connecting Area and Species Protection 5. Transboundary Environmental Impact Assessment 6. Protection of International Rivers 7. Protection of Transfrontier Mountains Bibliography Index

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Book SynopsisBuilding on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.The 17 goals and 169 targets of the SDGs cover areas as crucial as poverty reduction, climate change, clean water and access to justice. Combining both thematic and goal-specific analysis, expert contributors establish the relevance not just of international law, but also of a broader range of normative frameworks including constitutional norms, domestic regulatory law and human rights. Connecting the SDGs to wider debates in international law and politics, this book ultimately demonstrates that law has an important constitutive and instrumental role to play in both implemention and analysis.The first of its kind to offer a specific focus on the relationship between law and the SDGs, this much-needed book will prove invaluable for scholars in the field of international sustainable development. Its insightful observations will also provide food for thought for both related international organizations and national government officials.Contributors include: S. Adelman, H. Aust, M. Barnard, L. Collins, N. Cooper, A. du Plessis, D. French, L. Kotzé, G. Long, O. McIntyre , K. Morrow, N. Sánchez Castillo-Winckels, W. Scholtz, N. SoininenTrade Review'A must read for those who aim to understand the limitations and potentialities of the SDGs. Using the lens of law, this volume presents a critical analysis of whether the SDGs, rooted in neoliberalism and anthropocentrism, will be able to realize the promise that ''no one will be left behind''. Or, as Long writes in his chapter, ''given that our world is unjust, and a more just world is possible, what role can the SDGs play in getting there from here?''.' --Ellen Hey, Erasmus University Rotterdam, the Netherlands'This book addresses the questions around the importance and relevance of the SDGs that many lawyers have often wondered but struggled to articulate. It is an honest and deeply interrogated account of the different perspectives on the SDGs and the emerging trend of ''governance through goals''. The editors are to be commended on their thoughtful arrangement of these discussions and views.' --Olivia Rumble, University of Cape Town, South Africa'The Sustainable Development Goals aim to transform our world. Although a drastic change in the way we use the Earth is urgently needed, the question arises whether the SDG's sufficiently facilitate such a transformation. This excellent new book, edited by the world's leading legal scholars in the broad area of sustainable development law, provides clear answers to that pressing question and is a must read for all academics and policy makers involved in steering human behaviour toward a more sustainable track.' --Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Duncan French and Louis J. Kotzé PART I GENERAL THEMES 2. The Sustainable Development Goals, Anthropocentrism and Neoliberalism Sam Adelman 3. The Sustainable Development Goals: An Existential Critique Alongside Three New-millennial Analytical Paradigms Louis J. Kotzé 4. Sustainable Development Goals and Human Rights: Challenges and Opportunities Lynda M. Collins 5. Underpinning Commitments of the Sustainable Development goals: Indivisibility, universality, leaving no one behind Graham Long 6. How the Sustainable Development Goals Promote a New Conception of Ocean Commons Governance Nadia Sánchez Castillo-Winckels PART II A SELECTIVE ANALYSIS OF PARTICULAR GOALS 7. Gender and the Sustainable Development Goals Karen Morrow 8. International Water Law and SDG 6: Mutually Reinforcing Paradigms Owen McIntyre 9. Good Urban Governance as a Global Aspiration: On the Potential and Limits of SDG 11 Helmut Philipp Aust and Anél du Plessis 10. The Environment and the Sustainable Development Goals: ‘We are on a Road to Nowhere’ Werner Scholtz and Michelle Barnard 11. Torn by (un)certainty – Can There be Peace Between Rule of Law and Other Sustainable Development Goals? Niko Soininen 12. SDG 17: Partnerships for the Goals - Cooperation within the Context of a Voluntarist Framework Nathan Cooper and Duncan French Index

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Book SynopsisFrom soil degradation and biodiversity loss to the coexistence of malnutrition and obesity, many of the largest challenges facing humanity today are underpinned by food and agriculture systems. In order to alleviate and resolve them, global governance of food and agriculture needs to be reformed. Unravelling the array of international regulatory instruments, this timely book provides the first systematic analysis of the international law surrounding food systems.International Agricultural Law and Policy provides a systems-based analysis of the rules that intersect with the physical elements of agriculture against a framework of commonly held norms. The author conducts a comprehensive examination not only of the rules, but also the implementation and broader socioeconomic, scientific and political context. By, exploring and clarifying the relationship between food security and the right to food and sustainability, Johnson closes the gap between the disparate international rules that govern food and agriculture, while exploring the practical implications of these overlapping regimes.This unique book is an invaluable resource for lawyers and social scientists working within food and agriculture systems and their governance and lays the much-needed groundwork for future research. For policy makers in the food and agricultural space, this book provides a wide-ranging and innovative analysis of the global regulatory landscape that influences law and policy processes.Trade Review‘This book gives a wide-ranging view of recent agricultural challenges in the agricultural law arena. The book is insightful and worth reading for legal and non-legal members of government, academia, and professionals who either work or are interested in agricultural study.’ -- Eva Johan, Asian Journal of International Law‘Given the important need to consider the future for food security and agriculture globally, Hope Johnson’s book should be considered a valuable contribution to the subject matter.’ -- Andrew Chalet, Law Institute Journal'To understand how international law helps or hinders food security, a systemic account of the existing fragmented laws and institutions is needed, which should include at the very least trade, investment, environment, human rights and climate agreements. Hope Johnson does this and more, using a policy-oriented approach that places agriculture at the centre. The result is a compelling case for a broader inclusion of the subjects and objects of international regulation, and an enhanced participation of food insecure groups and countries.' --Margaret Young, University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. A human rights-based approach to regulating food systems for food security 3. Land 4. Soils 5. Water 6. Seeds 7. Pesticides 8. World Trade 9. Conclusion and recommendations Index

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Book SynopsisThis timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. YangTrade Review'The book is recommended for all libraries that deal with wildlife law and is complemented with a comprehensive index.' --UKELATable of ContentsContents: Part I An Introduction to Legal Aspects of Protecting Forest and Marine Biodiversity 1. Legal Aspects of the Protection of Forest and Marine Biodiversity: Understanding the Context Ed Couzens, Alexander Paterson and Sophie Riley Part II Global issues of protection of biological diversity 2. Moral Boundaries, Anthropocentrism and Biodiversity: Possums in New Zealand as an Example Gay Morgan 3. For Peat’s Sake: Environmental Law Amidst the Bogs Nicholas A. Robinson 4. Illegal Trade in Endangered Forest and Marine Species - Enhancing Laws and Enforcement: a South-East Asian Perspective Lin Heng Lye and Sallie Chia-Wei Yang Part III The protection of biological diversity in the forest environment 5. Biodiversity and Agriculture – Friends or Foes? The Legal Implementation of Agroforestry Practices in Brazil Marcia Fajardo Cavalcanti de Albuquerque 6. Forest Biodiversity Conservation: Strengthening the Regulation and Management of Chinese Enterprises during Foreign Investment Bingyu Liu 7. Addressing Human and Wildlife Conflict in Forest Protected Areas: A Critical Analysis of China’s Nature Reserve Management Experience Yilin Pei 8. Climate Change and Forest Management in Nepal Amber Prasad Pant Part IV The protection of biological diversity in the marine environment 9. Governance of Oil and Gas Exploration and Exploitation at Sea: Towards Coastal Marine Biodiversity Preservation Violeta S. Radovich 10. The Valuable Role that Private Environmental Governance might play in Managing Global Fisheries Resources Anastasia Telesetsky 11. Black Coral Forests and Marine Biodiversity in New Zealand Trevor Daya-Winterbottom 12. The Contribution that the Concept of Global Public Goods can make to the Conservation of Marine Resources Carina Costa de Oliveira and Sandrine Maljean-Dubois Index C. Costa de Oliveira,

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Book SynopsisThis thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change.Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.Table 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

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Book SynopsisThis authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future.The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment.Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. WrightTrade Review'For diplomats, practitioners, and scholars concerned with the myriad threats facing our oceans, the Elgar Research Handbook on International Marine Environmental Law is a must. It contains enlightening analysis of the complex ocean governance problems that imperil the marine environment and continue to evade solution. More importantly, it advances realistic ideas to move the environmental protection of our oceans forward. All of this from some of the sharpest thinkers on these issues today.' --Donald K. Anton, Griffith University, Australia'Written by eminent scholars and practitioners, this Handbook is an accessible treasure trove for diplomats as well as advocates, advanced scholars and law students, indeed anyone interested in the future of our oceans. I predict it will become an essential guidebook for all those involved in international ocean negotiations.' --Kristina Gjerde, High Seas Policy Advisor, IUCNTable of ContentsContents: Foreword PART I THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE MARINE ENVIRONMENT 1. The LOSC Regime for Protection of the Marine Environment – Fit for the Twenty-first Century? Robin Churchill 2. Principles of International Marine Environmental Law Yoshifumi Tanaka 3. Actors and Institutions for the Protection of the Marine Environment James Harrison Part II POLLUTION AND THE MARINE ENVIRONMENT 4. Land Based Pollution and the Marine Environment David Osborn 5. Vessel-source Pollution Henrik Ringbom 6. The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores David L. VanderZwaag PART III SEABED ACTIVITIES AND THE MARINE ENVIRONMENT 7. Protecting the Marine Environment of the Deep Seabed Michael Lodge 8. Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment Joanna Mossop 9. Protection of the Marine Environment from Offshore Oil and Gas Activities Nengye Liu 10. Protection and Preservation of the Marine Environment from Seabed Mining Activities on the Continental Shelf: Perspectives from the Pacific Islands Region Marie Bourrel PART IV PROTECTION OF MARINE BIODIVERSITY 11. Protecting Marine Species Alexander Proelss and Katherine Houghton 12. Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement Dire Tladi 13. Marine Protected Areas in Areas beyond National Jurisdiction Glenn Wright, Julien Rochette and Elizabeth Druel 14. Environmental Assessment in Marine Areas beyond National Jurisdiction Robin Warner 15. Marine Scientific Research and the Protection of the Seas and Oceans Anna Maria Hubert PART V REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT 16. Forty Years of the UNEP Regional Seas Programme: From Past to Future Nilufer Oral 17. Protecting Polar Environments: Coherency in Regulating Arctic Shipping Tore Henriksen 18. Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management David Vousden 19. Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea Hai Dang Vu PART VI CLIMATE CHANGE AND THE MARINE ENVIRONMENT 20. Ocean Acidification Tim Stephens 21. Geoengineering and the Marine Environment Karen N. Scott Index

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Book Synopsis'James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.'- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association'Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that Human Rights and the Environment envelops.'- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition.This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic.Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.Contributors include: S. Adelman, N. Ahuja, C. Anant Malviya, A. Awal Khan, L. Benjamin, D. Bonilla Maldonado, R. Bratspies, C. Bruch, M. Burger, C. Butler, A. Carlson, C. Cournil, P. Coventry, E. Daly, K. Davies, R. Dhingra, R.J. Donato Quan, E. Gebre, C. Guneratne, A.M. Hammadeen, B. Hudson, C. Iorns Magallanes, V. Karageorgou, A. Kariuki, A. Kenmogne Simo, J.H. Knox, G.J. Kounga, A. Kreilhuber, S. Lamdan, R. Libel Waldman, K.E. Makuch, S.-J.-T. Manga, P. Martin, J.R. May, A. Mboya, S.O. McKenzie, M.A. Mekouar, D. Misiedjan, E. Mrema, R. Mwanza, D.S. Olawuyi, N. Osborne, O.W. Pedersen, J. Pendergrass, M.-C. Petersmann, M. Prieur, S.R. Rajan, L. Reins, J.M. Rivero Godoy, D.N. Scott, A. Solntsev, M. Stevenson, D.B. Suagee, A. Thomas, S.J. Turner, G. Van Hoorick, L. Vandenhende, J. Wentz, W. Yun SantosoTrade Review‘This book demonstrates the rapidly changing nature of law and the environment in the new millennium and the dynamic capacity for moulding and reshaping legal concepts to enhance environmental protection. It provides an authoritative collection of scholarship that offers new perspectives on human rights and the environmen. This book is quite simply a work that postgraduate students, seasoned academics, judges and jurists will return to as a source of information and imagination.’ -- Trevor Daya-Winterbottom, Waikato Law Review‘James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.’ -- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association‘Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth – the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.’ -- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist'James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.' --Rosemary Lyster, University of Sydney, Australia'James R May and Erin Daly set out to create an 'encyclopedia' of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward - something vital in this important emerging area of law.' --Donald K Anton, Griffith Law School, Australia'This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach.' --Malgosia Fitzmaurice, Queen Mary, University of London, UKTable of ContentsContents: Introduction: New Dimensions in Human Rights and the Environment James R. May and Erin Daly PART I LEGALITY 1. Advancing Human Rights through the Environmental Rule of Law Naysa Ahuja, John Pendergrass, Arnold Kreilhuber, Elizabeth Mrema and Carl Bruch 2. The United Nations Mandate on Human Rights and the Environment John H. Knox 3. An International Covenant on the Right of Human Beings to the Environment Michel Prieur, Mohamed Ali Mekouar and Erin Daly 4. New Frontiers in Environmental Constitutionalism: Environmental Rule of Law and the Sustainable Development Goals Arnold Kreilhuber and Angela Kariuki 5. In Defense of Constitutionalizing Environmental Rights Rosemary Mwanza 6. Human Rights Developments in Global Environmental Constitutionalism James R. May and Erin Daly 7. Human Rights and Human Benefits: the Implementation Gap Paul Martin 8. Sovereignty and Environmental Human Rights Sam Adelman 9. The Human Right to Environmental Information Rebecca Bratspies and Sarah Lamdan 10. Implementing Human Rights-Related Environmental Principles with e-Technology Innovation Under the Aarhus Convention Sylvestre-José-Tidiane Manga 11. Access to Justice in Environmental Matters: Recent Developments at International and Regional Level and the Repercussions at the National Level Vasiliki (Vicky) Karageorgou PART II INDIVISIBILITY 12. Indivisibility of Human and Environmental Rights Erin Daly and James R. May 13. Identifying Legal Claims to Human Rights and the Environment S. Ravi Rajan, Kirsten Davies and Catherine Iorns Magallanes 14. Climate Change and Human Rights Michael Burger and Jessica Wentz 15. Climate Change, Mobility, Law and Human Rights Christel Cournil and Emnet Gebre 16. Protecting The Right to Food When Implementing Climate Change Mitigation Strategies in Developing Countries Philip Coventry 17. Human Rights And the Gender Dynamics of Climate Change Ryan Jeremiah Donato Quan 18. Sustainability and Environmental Human Rights Chetna Anant Malviya and Ricardo Libel Waldman 19. Moral Limitations on Property Rights in the United States as Human Rights Blake Hudson 20. Land Use Restrictions and the Right to Property Geert Van Hoorick and Lise Vandenhende 21. Conflicts between Environmental Protection and Human Rights Marie-Catherine Petersmann 22. Biodiversity and Human Rights Wahyu Yun Santoso 23. The Rights of Nature and a New Constitutional Environmental Law Daniel Bonilla Maldonado PART III DIGNITY 24. Environmental Dignity Rights Erin Daly and James R. May 25. The Human Right to Water Daphina Misiedjan and Scott O. McKenzie 26. The Human Right to Landscape Michel Prieur 27. Understanding the Nexus of Environment, Energy and Human Rights Leonie Reins 28. Business Practices, Human Rights and the Environment Stephen Turner 29. Environmental Rights of Children Karen E. Makuch 30. Indigenous Peoples and Environmental Rights Alexander Solntsev 31. Indigenous Peoples and Conservation of Biodiversity Ritu Dhingra 32. Human Rights Based Environmental Remedy for Allotment Era Legacy in Indian Country Dean B. Suagee 33. Human Rights to the City: Urban Ecologies and Indigenous Justice Natalie Osborne, Anna Carlson & Chris Butler 34. Environmental Justice and the Hesitant Embrace of Human Rights Dayna Nadine Scott PART IV GEOGRAPHY 35. European Court of Human Rights and Environmental Rights Ole W. Pedersen 36. Vida Digna and Environmental Human Rights in the Inter American System Juan Manuel Rivero Godoy 37. Human Rights and the Environment in the Middle East and North African Region: Trends, Limitations and Opportunities Damilola S. Olawuyi 38. Non-Economic Losses and Human Rights in Small Island Developing States Lisa Benjamin, Adelle Thomas and Michael Stevenson 39. The Effectiveness of Access Rights in Sri Lanka in Issues of Environment and Development Camena Guneratne 40. Human Rights and Climate Change Displaced People: Bangladesh Perspective Md Abdul Awal Khan 41. Evaluation of Human Rights and the Environment in Jordan Aisa M. Hammadeen 42. Human Rights and Environmental Justice in Development Projects in Central Africa: from the Pipeline Chad-Cameroon to the Mbalam-Nabéba Iron Ore Project Guy Jules Kounga and Alain Kenmogne Simo 43. Human Vulnerability and Environmental Rights: The Endorois Welfare Council v. Kenya Case Atieno Mboya Samandari 44. Legal Personality for the Environment in Aotearoa New Zealand Catherine Iorns Magallanes Index

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Book SynopsisChina is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.Table of ContentsContents: Introduction 1. Climate change, catastrophe risk, and government stimulation of the insurance market—a study of transitional China 2. Climate change, and financial instruments to cover disasters: What role for insurance in transitional China? 3. Mitigation of climate-change risks and regulation by insurance 4. Regulation by catastrophe insurance: a comparative study 5. Regulation by government-sponsored reinsurance in catastrophe management 6. Innovations in insurance markets and securitization of catastrophe risk: experiences and lessons to learn 7. Roadmap for transitional reform in China Index

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Book SynopsisThis thought-provoking Research Handbook offers a critical survey of the law and governance issues facing the world's oceans and coasts in this era of Anthropocentric climate change. It discusses the biophysical impacts that climate change is having upon our oceans and coasts, as well as the various ways that international, national and sub-national laws have sought to respond. With contributions from scientists and lawyers, this comprehensive Research Handbook provides cutting edge analysis of the marine governance responses to climate change and how this will need to adapt in a rapidly changing world. It reflects on the interaction of climate change with regional marine governance regimes and analyses the likely impacts on maritime and national security. Illustrating the up-to-date treatment of interactions between climate and oceans regimes, this incisive Research Handbook examines the possible adaptation options to address specific issues for our oceans and coasts.The Research Handbook on Climate Change, Oceans and Coasts will be a key resource for students, scholars and practitioners of climate change, water law and environmental law and policy, while also being of benefit to researchers in the cross-cutting fields of human rights and disaster law.Trade Review'Although the physical interconnections between the climate system and the ocean are critical to both, the legal implications of these interconnections are only beginning to be explored. This insightful and comprehensive Research Handbook brings together an outstanding group of scholars and will be an essential reference for anyone interested in learning more about the relationship of climate change and ocean law.' -- Daniel Bodansky, Arizona State University, US'This Research Handbook takes a topic that many have addressed in pieces and offers a more comprehensive vision of how it all works. The Handbook's Asia-Pacific leanings take readers through topics rarely explored in such volumes, including regional focus chapters on the Indian Ocean, the China Sea, and the Antarctic treaty regime. One of the Handbook's key values is its insights, from a variety of perspectives, into what climate change really means for the ocean's living resources - and the humans around the world who depend upon marine fisheries. As a thought-provoking bonus, the Postscript on the COVID-19 pandemic will likely set the terms for such discussions for years to come.' -- Robin Kundis Craig, University of Utah, US'The ocean is undergoing a number of rapid and profound physical changes as a result of human interference with the Earth's carbon cycle. The law of the sea, and the broader body of national and international law applicable to coastal and marine areas, is struggling to keep pace with the extent and speed of this change. This Research Handbook addresses all of the key legal dimensions of this challenge, from sea level rise to fisheries management, and will be of enormous value to scholars, practitioners and students as they navigate the increasingly uncertain waters ahead.' -- Tim Stephens, University of Sydney, Australia'This exceptional book offers a timely, comprehensive, and interdisciplinary analysis of cutting-edge issues in ocean and coastal governance at the intersection of climate change. Professors McDonald, McGee, and Barnes have assembled an unparalleled cast of expert contributing authors from around the world to explore a wide range of topics at the forefront of the global response to climate change.' -- Randall S. Abate, Monmouth University, USTable of ContentsContents: PART I FRAMING THE ISSUES: CLIMATE CHANGE AND OUR OCEANS AND COASTS 1 Oceans and coasts in the era of Anthropogenic climate change 2 Jan McDonald, Jeffrey McGee and Richard Barnes 2 The impact of climate change on oceans: physical, chemical and biological responses 27 Alistair J Hobday and Richard J Matear PART II INTERNATIONAL GOVERNANCE OF CLIMATE CHANGE, OCEANS AND COASTS 3 Climate change, the Anthropocene and ocean law: mapping the issues 49 David Freestone and Millicent McCreath 4 Sea-level rise and the law of the sea 81 Moritaka Hayashi 5 Adapting UNCLOS dispute settlement to address climate change 94 Natalie Klein 6 Climate change and high seas fisheries 114 Yoshinobu Takei 7 Climate change and the International Maritime Organization 134 Sophia Kopela 8 Climate change-related displacement of coastal and island peoples: human rights implications 152 Amy Maguire 9 Climate change, disaster law, and extreme ocean and coastal events 174 Anastasia Telesetsky 10 Oceans, climate change and non-state actors 193 Irini Papanicolopulu and Armando Rocha PART III REGIONAL AND SECTORAL GOVERNANCE OF CLIMATE CHANGE, OCEANS AND COASTS 11 Handling climate change for the East and South China Seas 210 Keyuan Zou and Lei Zhang 12 The Southern Ocean and changing environmental conditions: Antarctic Treaty System 224 Julia Jabour and Marcus Haward 13 Climate change and the Arctic: adapting to threats and opportunities in Arctic marine waters 239 Elise Johansen and Tore Henriksen 14 International law and institutional responses to climate change and fisheries management in the Indian Ocean 259 Erika Techera 15 Governing Pacific fisheries under climate change 278 Jan McDonald and Shannon Maree Torrens 16 Integrated oceans management and climate change 295 Karen N Scott 17 Marine spatial planning and climate change: an example from Scotland 313 Anne-Michelle Slater and Alison MacDonald PART IV ADAPTING AND RESPONDING TO CLIMATE IMPACTS ON OCEANS AND COASTS 18 Responding to ocean acidification beyond climate governance 330 Reuben Makomere and Jan McDonald 19 Ecosystem-based adaptation in coastal areas: lessons from selected case studies 348 Justine Bell-James 20 The governance of marine invasive alien species and climate change in China 366 Jiayu Bai and Jing Cheng 21 Shifting currents: climate change and maritime security in the Asia Pacific 394 Robin Warner and Stuart Kaye 22 Naval, national security and defence issues from climate change 409 Sam Bateman and Anthony Bergin 23 A global network of MPAs: an important tool in addressing climate change 425 Danielle Smith PART V INNOVATIVE GOVERNANCE FOR MARINE-BASED CLIMATE MITIGATION 24 Marine geoengineering governance and the importance of compatibility with the law of the sea 442 Kerryn Brent 25 Protecting Antarctica’s coastal blue carbon: a case for international cooperation 462 Brendan Gogarty, Narissa Bax, David KA Barnes, Chester Sands, Jeffrey McGee, Marcus Haward, Maria Lund Paulsen, Bernabé Moreno, Camille Moreau, Christoph Held and Rachel Downey 26 Postscript: governance for climate change, oceans and coasts in a post-COVID-19 world 485 Jan McDonald, Jeffrey McGee and Richard Barnes Index 493

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Book SynopsisAt a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.Animal Welfare and International Environmental Law offers compelling and timely arguments in favour of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decentres the needs of humans and instead emphasises the growing need to protect wildlife with compassion and care.This book will prove invaluable to both students and scholars of environmental law, animal law and international law more widely. It will also appeal to policymakers, legal scholars and NGOs dealing with the imminent needs of the earth's wildlife.Contributors include: D. Bilchitz, M. Bowman, S. Riley, J. Schaffner, W. Scholtz, K. Sykes, S. WhiteTrade Review‘This book is an integral building block for welfare-conscious wildlife law. Scholtz and the contributors to this collection deserve the greatest praise for their bravery and intellectual integrity in supporting a compassionate approach to conservation.’ -- Iyan Offor, The IUCN AEL Journal of Environmental Law'This book does two things very well. It demonstrates that the ethical imperative of treating non-human creatures with respect makes a better conceptual fit with the international legal order's basic tenets than is often assumed. At the same time, it starkly exposes the challenge of ensuring that attention for the welfare of individual animals does not impede the effectiveness of current policies for the conservation, recovery and sustainable use of healthy wildlife populations and ecosystems.' --Arie Trouwborst, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Werner Scholtz 2. Value, wild animals and law Joan E. Schaffner 3. Animals, humans and the international legal order: towards an integrated bioethical perspective Michael Bowman 4. Wildlife law and animal welfare: competing interests and ethics Sophie Riley 5. Shifting Norms in Wild Animal Protection and Effective Regulatory Design Steven White 6. Why conservation and sustainability require protection for the interests of animals David Bilchitz 7. Trading rhinoceros horn for the sake of conservation: dehorning the dilemma through a legal analysis of the emergence of animal welfare Werner Scholtz 8. WTO Law, the Environment and Animal Welfare Katie Sykes Index

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Book SynopsisThis discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. ZhangTrade Review'This book is a survival tool for judges who are increasingly required to respond to legal action meant to protect the earth from the existential threat to human civilization posed by global warming. Christina Voigt and Zen Makuch have assembled authors who affirm that there is no greater force to protect Earth and its habitants than the environmental rule of law.' --Michael D. Wilson, Hawaii Supreme Court, US'From pioneers to latecomers, the role of Courts in relation to environmental protection has oscillated in ways that make their overall contribution difficult to assess. This book is a significant addition to the mapping and stock-taking effort. It shows that, in practice, Courts are indeed playing a very important role in adapting legal systems to the need to conserve the environment.' --Jorge E. Viñuales, University of Cambridge, UKTable of ContentsContents: Part I Conceptualizing the Role of Courts in Protecting the Environment 1. The Nature of Courts Nicholas Robinson 2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development Brian Preston, Paul Martin and Amanda Kennedy 3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution Trevor Daya-Winterbottom Part II Taking the Lead: The Court as Trailblazer for Environmental Protection 4. Ghana’s Courts and Environmental Rule of Law Godwin E. K. Dzah 5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes 6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis Stellina Jolly and Zen Makuch Part III Access to Justice for the Environment 7. Inviting Civil Society to the Table: The Case of the African Commission Nora Ho Tu Nam 8. Collective Environmental Litigation in Colombia: An Empirical Assessment Everaldo Lamprea and Angela M. Páez 9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System Lauren Butterly and Rachel Pepper 10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law Zhuoxian Zhang 11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine Oleksandra Chornous and Nicolay Kichigin Part IV Courts in Action 12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs María Augusta León Moreta and Gloria Bingyu Liu 13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts Yetty Komalasari Dewi and Anbar Jayadi 14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment? Otto Spijkers 15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation David Hodas 16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary Ria Guidone and Holly Jonas 17. Swedish Environmental Courts – Specialized Civil and Administrative Courts Anders Bengtsson Index

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Book SynopsisClimate change is causing a geological transition, defining a new era in which the Earth System is configured through human action. The emergence of a global polity through physical, economic and social interaction demands a global response to this phenomenon which cannot be modelled on traditional political and legal concepts centred around the nation-state. This Research Handbook explores the implementation of climate constitutionalism on a global scale, considering both language and substance in order to design adequate normative patterns for addressing climate change. Against the narrative of the Anthropocene and its implications for the law, carefully curated chapters provide a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity that are so necessarily intertwined with the causes and consequences of climate change. Recognising the adaptation and mitigation demands implied by climate change, this astute Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society. Timely and engaging, this Research Handbook will prove vital reading for students and scholars of environmental, constitutional and administrative law and policy. Climate change practitioners, policy makers and activists will also find its insights highly informative. Contributors include: S. Atapattu, S. Borràs, K. Bosselmann, E. Cocciolo, G.M. Cuadros, E. Daly, P. de Araujo Ayala, B.H. Desai, R.J. Heffron, A. Hornborg, J. Jaria-Manzano, L.J. Kotzé, J.R. May, D. McCauley, K. Morrow, M. Powers, J.M. Pureza, B.K. Sidhu, A. SindenTrade Review'Anyone concerned about an orderly and principled human response to the planetary consequences of climate change will find guidance and insight in this collection of engaged essays ranging from conceptual perspectives on global governance and justice through to practical and institutional analysis of the ongoing transition in energy systems.' --Jamie Benidickson, University of Ottawa, CanadaTable of ContentsContents: 1. Introduction to the Research Handbook on Global Climate Constitutionalism Jordi Jaria-Manzano and Susana Borràs 2. The Anthropocene Challenge to our Worldview Alf Hornborg 3. Law in the Anthropocene Jordi Jaria-Manzano 4. A global environmental constitution for the Anthropocene’s climate crisis Louis J. Kotzé 5. The Atmosphere as a Global Commons Klaus Bosselmann 6. Global environmental constitutionalism as a constitutionalism of the Earth José Rubens Morato Leite and Patryck de Araujo Ayala 7. Global Constitutionalism as an Ambivalent Script José Manuel Pureza 8. The Fragility of Climate, Human Responsibility and Finding the Impetus to Act Decisively―Investigating the Potential of the Ethics of Care Karen Morrow 9. A Human Rights Framework for the Anthropocene Amy Sinden 10. Climate Change as a Common Concern of Humankind. Some Reflections on International Law-making Process Bharat H. Desai and Balraj K. Sidhu 11. Environmental Rights, Responsibility and Care: A New Constitutional Paradigm Gregorio Mesa Cuadros 12. Environmental Justice, Climate Justice and Constitutionalism: Protecting Vulnerable States and Communities Sumudu Attapatu 13. Climate Migration, Gender and Poverty Susana Borràs 14. Global Climate Constitutionalism and Justice in the Courts James R. May and Erin Daly 15. Energy Transition: Reforming Social Metabolism Melissa Powers 16. Capitalocene, Thermocene and the Earth System: Global law and Connectivity in the Anthropocene Age Endrius Cocciolo 17. Beyond Energy Justice: Towards a Just Transition Raphael Heffron and Darren McCauley 18. Conclusion: Exploring a Constitution for the Climate Jordi Jaria-Manzano Index

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Book SynopsisGroundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law.Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book’s practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.Trade Review‘This book represents an updated and required reading for policymakers, practitioners and other stakeholders, lawyers and non-lawyers, working in the field of transboundary aquifer management, especially if one considers how few comprehensive studies on the international law of transboundary aquifers exist.’ -- Laura Movilla Pateiro, Review of European, Comparative and International Environmental Law‘Transboundary aquifers are increasingly being recognised as an important part of addressing the world water challenge. However, as this book artfully demonstrates, legal arrangements pertaining to this precious resource are still in their infancy. This contribution from a highly knowledgeable expert in the field offers an extremely accessible account of the existing international law relating to transboundary aquifers, and the way in which the law needs to develop in the future. The book is therefore a must read for all researchers and experts from academia, government, inter-governmental bodies, civil society and NGOs, that have an interest in deepening their understanding of the laws relating to transboundary aquifers.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘This book is a welcome addition to scholarly investigations of the norms applicable to transboundary aquifers. Groundwater has an increasingly important role to play in the context of water security but its governance, domestically and particularly internationally, remains embryonic. With its practical and academic approach, this publication clearly brings to light and thoroughly explains the essential international legal rules that aquifer states need to be aware of when considering engaging in transboundary aquifer cooperation.’ -- Zaki Shubber, IHE Delft Institute for Water Education, the Netherlands‘Management and regulation of groundwater is generally fragmented and poor, especially when the resource flows across state boundaries. In such cases, sovereignty prevails over cooperation, hampering protection and optimal utilization.This book provides deeper insights and critical analysis of the principles of transboundary groundwater law and the agreements and arrangements on shared aquifers, with the view of addressing the problems of sharing, management and protection. It is scrupulously researched and well-written, and is highly recommended for water lawyers, practitioners, and policy makers.’ -- Salman M. A. Salman, former Water Law Adviser, The World BankTable of ContentsContents: 1. Introduction 2. Transboundary Aquifers 3. The emergence of an International Law of Transboundary Aquifers 4. The normative content of the International Law of Transboundary Aquifers 5. The Future of the International Law of Transboundary Aquifers 6. Transboundary aquifer agreements and arrangements 7. Conclusion Index

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Book SynopsisThere has been an exponential growth in international environmental treaty-making over the past fifty years, to the point of 'treaty congestion' - with a total of more than 1,300 multilateral (global and regional) agreements on the topic and close to 3,000 bilateral ones currently in force. This research review addresses this phenomenon from a variety of disciplinary perspectives: international law, political science, and 'ecological economics'. The objective is comparative analysis, with a view to identifying common features and common problems of transnational environmental regimes, in light of their historical evolution, their application and effectiveness in practice, and possible lessons learned in their institutional 'interplay' with each other.Table of ContentsContents: Preface Introduction: International Environmental Agreements Peter H. Sand PART I HISTORICAL EVOLUTION 1. Preparatory Committee for the United Nations Conference on Environment and Development (1992), ‘Survey of Existing Agreements and Instruments and Its Follow-Up’, United Nations General Assembly, A/CONF.151/PC/103, March–April, 1–18 2. Edith Brown Weiss (1993), ‘International Environmental Law: Contemporary Issues and the Emergence of a New World Order’, Georgetown Law Journal, 81, 675–710 3. Ronald B. Mitchell (2003), ‘International Environmental Agreements: A Survey of Their Features, Formation, and Effects’, Annual Review of Environment and Resources, 28, November, 429–61 4. 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), October, 623–59 5. Annecoos Wiersema (2009), ‘The New International Law-Makers? Conferences of the Parties to Multilateral Environmental Agreements’, Michigan Journal of International Law, 31 (1), 231–87 6. Laurence Boisson de Chazournes (2009), ‘Environmental Treaties in Time’, Environmental Policy and Law, 39 (6), 293–8 7. Rakhyun E. Kim (2013), ‘The Emergent Network Structure of the Multilateral Environmental Agreement System’, Global Environmental Change, 23 (5), October, 980–91 8. Walid Marrouch and Amrita Ray Chaudhuri (2015), ‘International Environmental Agreements: Doomed to Fail or Destined to Succeed? A Review of the Literature’, International Review of Environmental and Resource Economics, 9 (3–4), September, 245–319 9. Todd Sandler (2016), ‘Environmental Cooperation: Contrasting International Environmental Agreements’, Oxford Economic Papers, 69 (2), 345–64 10. Peter H. Sand (1996), ‘International Economic Instruments for Sustainable Development: Sticks, Carrots and Games’, Indian Journal of International Law, 36 (2), April–June, 1–16 PART II EFFECTIVENESS AND COMPLIANCE 11. Helmut Breitmeier, Arild Underdal and Oran R. Young (2011), ‘The Effectiveness of International Environmental Regimes: Comparing and Contrasting Findings from Quantitative Research’, International Studies Review, 13 (4), December, 579–605 12. Patrick Sźell (1997), ‘Compliance Regimes for Multilateral Environmental Agreements – A Progress Report’, Environmental Policy and Law, 27 (4), 304–7 13. Edith Brown Weiss (1999), ‘Understanding Compliance with International Environmental Agreements: The Baker’s Dozen Myths’, University of Richmond Law Review, 32 (5), 1555–89 14. Markus Ehrmann (2002), ‘Procedures of Compliance Control in International Environmental Treaties’, Colorado Journal of International Environmental Law and Policy, 13 (2), 377–443 15. André Nollkaemper (2003), ‘Compliance Control in International Environmental Law: Traversing the Limits of the National Legal Order’, Yearbook of International Environmental Law, 13 (1), December, 165–86 16. Teall Crossen (2004), ‘Multilateral Environmental Agreements and the Compliance Continuum’, Georgetown International Environmental Law Review, 16, 473–500 17. W. Bradnee Chambers (2004), ‘Towards an Improved Understanding of Legal Effectiveness of International Environmental Treaties’, Georgetown International Environmental Law Review, 16, 501–32 18. Gregory Rose (2011), ‘Interlinkages between Multi-Lateral Environmental Agreements: International Compliance Cooperation’, in Lee Paddock, Du Qun, Louis J. Kotzé, David L. Markell, Kenneth J. Markowitz and Durwood Zaelke (eds), Compliance and Enforcement in Environmental Law: Toward More Effective Implementation, Chapter 1, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 3–33 19. Suh-Yong Chung (2004), ‘Is the Convention-Protocol Approach Appropriate for Addressing Regional Marine Pollution?: The Barcelona Convention System Revisited’, Penn State Environmental Law Review, 13 (1), 85–103 20. Tuomas Kuokkanen (2006), ‘Designing Compliance Mechanisms under Multilateral Environmental Agreements’, International Environmental Law-making and Diplomacy Review, 4, 27–36 21. Peter H. Sand (2016), ‘The Effectiveness of Multilateral Environmental Agreements: Theory and Practice’, International Environmental Law-making and Diplomacy Review, 16, 1–25 PART III FRAGMENTATION AND SYNERGY 22. Donald K. Anton (2013), ‘“Treaty Congestion” in Contemporary International Environmental Law’, in Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury and Erika J. Techerais (eds), Routledge Handbook of International Environmental Law, Chapter 36, London, UK: Routledge, 651–65 23. Rüdiger Wolfrum and Nele Matz (2000), ‘The Interplay of the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity’, Max Planck United Nations Yearbook, 4 (1), February, 445–80 24. Nele Matz (2005), ‘Chaos or Coherence? – Implementing and Enforcing the Conservation of Migratory Species through Various Legal Instruments’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht/Heidelberg Journal of International Law, 65, 197–215 25. Konrad von Moltke (2005), ‘Clustering International Environmental Agreements as an Alternative to a World Environment Organization’, in Frank Biermann and Steffen Bauer (eds), A World Environment Organization: Solution or Threat for Effective International Environmental Governance?, Chapter 7, Aldershot, UK: Ashgate, 175–204 26. Sebastian Oberthür (2002), ‘Clustering of Multilateral Environmental Agreements: Potentials and Limitations’, International Environmental Agreements: Politics, Law and Economics, 2 (4), December, 317–40 27. Annette Cowie, Uwe A. Schneider and Luca Montanarella (2007), ‘Potential Synergies Between Existing Multilateral Environmental Agreements in the Implementation of Land Use, Land-Use Change and Forestry Activities’, Environmental Science and Policy, 10 (4), June, 335–52 28. Kerstin Stendahl (2007), ‘Enhancing Cooperation and Coordination Among the Basel, Rotterdam and Stockholm Conventions’, International Environmental Law-making and Diplomacy Review, 7, 127–41 29. Jośe Octavio Velázquez Gomar (2016), ‘Environmental Policy Integration Among Multilateral Environmental Agreements: The Case of Biodiversity’, International Environmental Agreement: Politics, Law and Economics, 16 (4), August, 525–41 30. John Carter Morgan III (2016), ‘Fragmentation of International Environmental Law and the Synergy: A Problem and a 21st Century Model Solution’, Vermont Journal of Environmental Law, 18 (1), Fall, 134–72 PART IV BEYOND THE TERRITORIAL IMPERATIVE 31. Markus Vordermayer (2018), ‘The Extraterritorial Application of Multilateral Environmental Agreements’, Harvard International Law Journal, 59 (1), Winter, 59–124 Index

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Book SynopsisThis timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.Trade Review‘This excellent, comprehensive, and thought-provoking book articulates a set of existential questions for the structure of 'Polar law' in the world of accelerating change. The Research Handbook on Polar Law applies an ambitiously convergent focus on the Poles. The 22 chapters provide an excellent update on particular topics and a critical reflection on the challenges and opportunities of a distinct Polar approach. Beyond providing invaluable reference for researchers, the book helps see the bigger picture, stimulate innovative thinking, and allow for cross-pollination of ideas.’ -- Jan Jakub Solski, Ocean Yearbook‘This book would be a valuable addition to law libraries, especially in departments working on environmental law, law of the sea, and climate change.’ -- Daria Shapovalova, The Edinburgh Law Review‘This book provides a comprehensive and engaging analysis of the Polar regions, largely through a legal lens complemented by historical, political and scientific perspectives. The volume explores the complexity of regimes governing the polar regions, in a way that is both practical and user friendly, by focusing on the issues they are designed to address. The book deepens our knowledge and understanding of not only the regional Arctic and Antarctic legal regimes and governance structures, but also how they unite, through a set of common values, to form a tapestry of “Polar Law”. This book advances the literature and will be an excellent resource for researchers interested in discovering and analysing the complex nature of “Polar Law”.’ -- Claudia Sosin and Erika Techera, The Polar Journal‘The political, social and physical context of the polar regions makes the application of laws there distinctive. There are homelands, disputed territories, fertile oceans, unique lifeforms and electric skies, connected by icy nature-scapes. They have hidden riches of scientific information about our world that is of universal importance. This book, edited by Karen Scott and David VanderZwaag, brings the best authors on polar topics together to highlight points of convergence and divergence essential for a comprehensive understanding of legal custodianship.’ -- Julia Jabour, University of Tasmania, AustraliaTable of ContentsContents: 1 Introduction to Polar Law 1 Karen N Scott and David L VanderZwaag 2 Polar Regions in the Anthropocene 18 Colin Summerhayes, Jan Zalasiewicz, Davor Vidas and Mark Williams 3 The Antarctic Treaty System 40 Jill Barrett 4 Arctic Regional Agreements and Arrangements 64 Timo Koivurova, Pirjo Kleemola-Juntunen and Stefan Kirchner 5 People at the Poles 84 Sara L Seck and Sarah L MacLeod 6 Polar science diplomacy 105 Paul Arthur Berkman 7 The Arctic Ocean unscrambled: competing claims and boundary disputes 124 Ted L McDorman and Clive Schofield 8 Antarctic: competing claims and boundary disputes 146 Shirley V Scott 9 Emerging and non-traditional actors at the Poles 162 Nengye Liu 10 Southern Ocean fisheries 180 Marcus Haward 11 The evolving management of fisheries in the Arctic 199 Alf Håkon Hoel 12 Marine mammals at the Poles 217 Richard Caddell 13 Non-living resources and the Poles 249 Rachael Lorna Johnstone and Scott Joblin 14 Bioprospecting at the Poles 271 David Leary 15 Polar cruise tourism 292 Daniela Liggett and Emma J. Stewart 16 Principles of environmental protection at the Poles 325 Robin Warner 17 Marine protected area networks at the Poles 345 Suzanne Lalonde 18 Polar shipping law 370 Kristin Bartenstein and Aldo Chircop 19 Global trajectories of chemical pollution: legal gaps and complexities in the Polar context 390 Sabaa A Khan and Seita Romppanen 20 Climate change and the Poles 412 Rosemary Rayfuse 21 Ocean acidification at the Poles: regional responses to marine environmental change in the Anthropocene 433 Tim Stephens 22 Evolution of a Polar Law 454 Donald R Rothwell and Alan D Hemmings Index

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Book SynopsisThis illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. It analyzes important sectors at the forefront of the field, including climate change and biodiversity. Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes. Offering an accessible and broad-ranging guide to the field's major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.Trade Review'The Research Handbook on Transnational Environmental Law offers a striking illustration of the lag between a long-identified phenomenon of growing importance and the development of adequate conceptual categories to explain it and integrate it into the wider body of knowledge. Faithful to the specificity of EE Research Handbooks, this book is a major leap in closing this gap. It not only maps the field but also provides solid conceptual foundations for it. It is destined to be a classic.' --Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge, UK'This book provides a state-of-the-art guide to the dynamic new field of transnational environmental law scholarship, focused on critical, cross-cutting issues such as climate change, biodiversity loss and marine pollution. Under the expert editorial guidance of Heyvaert and Duvic-Paoli, leading and emerging scholars from around the world provide an engaging and accessible introduction to the field's key concepts, tools and debates. This Research Handbook is an essential resource for all those interested in environmental law and its broader transnational dimensions.' --Jacqueline Peel, The University of Melbourne, AustraliaTable of ContentsContents: Preface xiv PART I A THEORY OF TRANSNATIONAL ENVIRONMENTAL LAW 1 The meanings of transnational environmental law 2 Veerle Heyvaert and Leslie-Anne Duvic-Paoli 2 Exploring transnational legal orders: using transnational environmental law to strengthen the global regulation of black carbon for the benefit of the Arctic region 18 Kati Kulovesi 3 An unknown past, an unequal present, and an uncertain future: transnational environmental law through three research challenges 32 Natasha Affolder 4 Methodological challenges of transnational environmental law 48 Elisa Morgera, Louisa Parks and Mika Schroeder PART II UNDERSTANDING TRANSNATIONAL ENVIRONMENTAL GOVERNANCE 5 ‘Interglobalsuprasubandtransialidocious’: mapping and disentangling transnational environmental governance 67 Till Markus and Olaf Dilling 6 Regulatory instruments of transnational environmental governance 88 Jerneja Penca 7 Transnational environmental regulation and evolving approaches to compliance 104 Aleksandra Čavoški 8 Transnational environmental governance before the courts 126 Suzanne Kingston 9 Facing the legitimacy challenge: law as a disciplining force for transnational environmental governance 145 Josephine van Zeben PART III CONSEQUENCES OF THE TRANSNATIONALIZATION OF ENVIRONMENTAL GOVERNANCE 10 The transnationalization of environmental constitutionalism 159 Louis J. Kotzé 11 Regime interlinkages: examining the connections between transnational climate change and biodiversity law 178 Jonathan Verschuuren 12 Global values, transnational expression: from Aarhus to Escazú 198 Emily Barritt PART IV NON-STATE ACTORS AS A FOCAL POINT OF TRANSNATIONAL ENVIRONMENTAL LAW 13 The role of subnational actors in transnational climate change law 216 Jolene Lin 14 The responsibilities of corporations: new directions in environmental litigation 229 Lisa Benjamin 15 Art and activism in transnational environmental governance 248 Benjamin J. Richardson PART V CROSSING JURISDICTIONAL AND DISCIPLINARY BORDERS 16 Sovereignty, unilateralism, and the transboundary reach of environmental protection 268 An Hertogen 17 Vice or virtue? Flexibility in transnational environmental law 284 Sébastien Jodoin, Ling Chen and Carolina Gueiros 18 Judicial transnationalization 301 Geetanjali Ganguly 19 Transnational litigation: what can we learn from Chevron–Ecuador ? 318 Robert V. Percival 20 Human rights in a changing environment 340 Ole W. Pedersen 21 Intersections between climate change and the World Trade Organization 352 Shawkat Alam PART VI CONCLUDING REMARKS 22 Concluding remarks 369 Veerle Heyvaert and Leslie-Anne Duvic-Paoli Index

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Book SynopsisThis comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms.Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.Trade Review'This impressive and ambitious volume could not be more timely. Climate change now firmly links energy and the environment, and the way in which energy law is structured will profoundly influence the effectiveness of policy responses. Written by leading experts from across the world, this is the most comprehensive examination of energy law to date that has been written with climate change and the environment in mind. As such it will be an essential reference work for lawyers and policy makers engaged in these issues.' -- Richard Macrory, University College London, UK'Eighty authors from around the world provide a comprehensive study of energy law. Their 65 entries provide clear explorations of the science and technology, commercial use, and law and regulation of energy sources and uses. Special attention is given to the environmental and social consequences of energy uses ranging from climate change to energy poverty. Scholars, practitioners and interested citizens could all find no better guide to energy's multiple roles in today's and tomorrow's world.' -- Donald Zillman, University of Maine School of Law, US'This volume is edited by a formidable set of editors who have a stellar set of authors writing for them on an encyclopedic set of topics related to the broad theme of energy law, climate and the environment. I cannot think of many scholars or practitioners unaffected by the issues covered. Many of the contributors have practical experience with their assigned topic which gives the analysis extra bite. The book is most, most useful both as a practical reference guide on the law as it stands including its history and practical interpretation, and as an analysis of how the status quo ought to be changed to address the crucial issues raised in it.' -- Geert Van Calster, KU Leuven, BelgiumTable of ContentsContents: Foreword to the Encyclopedia xviii Jamie Benidickson and Yves Le Bouthillier Foreword to Volume IX xix Michael Faure List of abbreviations xxi Introduction to Volume IX 1 Martha M Roggenkamp, Kars J de Graaf and Ruven C Fleming PART 1 GENERAL CONCEPTS IX.1 Sovereignty and jurisdiction over energy resources 9 Catherine Redgwell IX.2 Regulating the energy chain 20 Martha M Roggenkamp IX.3 The energy trilemma 31 Ruven C Fleming IX.4 Sustainable development, principles of environmental law and the energy sector 41 Kars J de Graaf and Lorenzo Squintani PART 2 INTERNATIONAL DEVELOPMENTS International energy cooperation and trade IX.5 The International Atomic Energy Agency 57 Jennifer Campion IX.6 International cooperation in oil and gas: current and evolving roles of OPEC and GECF 68 Damilola S Olawuyi IX.7 The International Energy Agency 79 John Paterson and Ruven C Fleming IX.8 The Energy Charter Treaty 88 Cees Verburg IX.9 The International Renewable Energy Agency 99 Thijs Van de Graaf Regional energy cooperation and trade IX.10 The development of energy cooperation and trade in the European Union 111 Îñigo del Guayo IX.11 Energy cooperation in North America: from CUSFTA to USMCA 122 Jos. Juan González Márquez, Alastair Lucas and Diego Almeida IX.12 Energy cooperation in South America: the case of MERCOSUR 134 Lila Barrera-Hernández and Thomas Andrew O’Keefe IX.13 Energy cooperation in Asia: the case of ASEAN 145 Sufian Jusoh IX.14 Energy cooperation in Africa: the African Union vs Regional Economic Communities 156 Taciana Peão Lopes and Cheri-Leigh Young PART 3 REGULATING ENERGY MARKETS IX.15 Governance of the energy market in the European Union 169 Silke Goldberg and Anne Eckenroth IX.16 Governance of the energy markets in Canada 180 Alastair Lucas and Diego Almeida IX.17 Governance of the energy market in the United States 193 Richard Ottinger, Aaron Rudyan and Bahar Hashemolhosseini IX.18 Governance of the energy market in Australia 204 Lee Godden and Anne Kallies IX.19 Governance of the energy market in Russia 216 Sergey Seliverstov and Ivan Gudkov IX.20 Governance of the energy market in China 227 Wang Mingyuan and Gao Lailong IX.21 Frameworks for energy governance and regulation in Africa 238 Hanri Mostert, Hugo Meyer van den Berg and Bernard Kengni PART 4 REGULATING THE OIL AND GAS SECTOR Exploration and production of oil and gas IX.22 Overview of legal regimes governing exploration and production of petroleum 257 Hugo Meyer van den Berg IX.23 Protecting health, safety and the environment offshore 267 John Paterson IX.24 Decommissioning of (abandoned or disused) offshore installations 277 Constantinos Yiallourides and Greg W Gordon New developments IX.25 Reuse of offshore oil and gas infrastructure: a case study on CCS 291 Dinand Drankier and Joris Gazendam IX.26 Regulating oil and gas exploration and production in the Arctic 302 Tina Soliman Hunter IX.27 Regulating the production of shale gas and fracking 313 Leonie Reins and Allan Ingelson IX.28 Alternatives to natural gas: the legal framework on synthetic natural gas and biomethane 326 Daisy G Tempelman PART 5 REGULATING THE ELECTRICITY PRODUCTION SECTOR General IX.29 Electricity production and emission standards 341 Kars J de Graaf and Lolke S Braaksma IX.30 Electricity production and greenhouse gas emissions trading 352 Edwin Woerdman and Yingying Zeng IX.31 Environmental considerations in regulating nuclear energy 363 Anthony Wetherall Renewable resources IX.32 Renewable energy sources and the impact on security of supply and dispatching 377 Fokke Elskamp IX.33 Regulating the promotion of renewable electricity consumption and production: a European Union case study 388 Olivia Woolley IX.34 Regulating the promotion of non-conventional renewable energy sources in Latin America 399 Milton Fernando Montoya Pardo and María Alejandra Garzón Albornoz Hydropower IX.35 Regulation of hydropower in the European Union 413 Henrik Bjørnebye IX.36 Regulation of hydropower in South America 424 Milton Fernando Montoya Pardo and Daniela Aguilar Abaunza Wind energy IX.37 Regulation of wind energy in the European Union 439 Romain Mauger IX.38 Regulation of wind power in China 450 Wang Mingyuan and Gao Lailong Solar energy IX.39 Regulating solar energy in the European Union 463 Michel Chatelin and Louis-Narito Harada IX.40 Regulating solar energy in Mexico 474 Jos. Juan González Márquez Biomass IX.41 Wood-based biomass and electricity in the United States: a case study in scientific and policy uncertainty 487 Blake Hudson IX.42 Promoting sustainable energy in Brazil: the role of biomass 498 Rômulo Sampaio and Patrícia Sampaio Geothermal IX.43 Regulation of electricity from geothermal heat in Iceland 511 Hilmar Gunnlaugsson IX.44 Regulation of geothermal resources for energy in New Zealand 522 Phoebe Parson New developments IX.45 Regulating offshore wind energy 535 Ceciel T Nieuwenhout IX.46 Regulating wave, tidal and ocean thermal energy 546 Theodore Nsoe Adimazoya and Meinhard Doelle PART 6 REGULATING ENERGY TRANSPORT General IX.47 Energy networks, natural monopolies and tariff regulation 563 Machiel Mulder and Edwin Woerdman IX.48 Maritime transport and the environment: energy transport by sea 573 Beatriz Martinez Romera and Catalin Gabriel Stanescu IX.49 Greening the transport sector: promoting ‘zero emissions vehicles’ in the EU and US 584 Gijs Kreeft and Dirk Kuiken Network-bound energy IX.50 Regulating the use of energy networks in liberalised markets 599 Anne Kallies IX.51 Regulating electricity network reliability 611 Dirk Kuiken IX.52 Regulating high voltage power lines: electromagnetic fields and safety 621 Catherine Banet and Astrid Skjønborg Brunt IX.53 Regulating pipeline safety 633 Mehdi Piri New developments IX.54 A legal framework for smart grids 645 Lea Diestelmeier IX.55 The regulation of microgrids 656 Donna M Attanasio IX.56 Developing an offshore electricity grid: European and US approaches 668 Ceciel T Nieuwenhout and Hannah K Müller IX.57 Developing a regulatory framework for electricity storage 679 Gijs Kreeft and Romain Mauger PART 7 REGULATING ACCESS TO ENERGY AND PROTECTING ENERGY CONSUMERS Energy supply and consumption IX.58 Energy poverty and household access to energy services in international, regional and national law 695 Marlies Hesselman IX.59 Protecting energy consumers from the bankruptcies of energy supply companies 707 René van ’t Hoft IX.60 Protecting energy consumers via tariff regulation 717 James M Van Nostrand New developments IX.61 Regulating residential prosumers 729 Lea Diestelmeier PART 8 REGULATING ENERGY EFFICIENCY AND ENERGY SAVINGS IX.62 Regulating energy efficiency in the European Union 741 Martha M Roggenkamp IX.63 Energy efficiency at energy production level: promoting combined heat and power 753 Maciej M Sokołowski IX.64 The role of demand-response mechanisms in promoting energy efficiency 764 LeRoy Paddock IX.65 Energy efficiency at the consumer level in the United States 776 LeRoy Paddock and Deepti Bansal Index 789

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Book SynopsisThe editor takes an excitingly broad and refreshing approach to environmental justice, tracing the subject from its early developments to its contemporary need for a new non-anthropocentric ontology responsive to questions of human-non-human justice. This invaluable study includes 24 of the best available research articles in the field and offers a stimulating journey into the rich ambiguities, tensions and promise of environmental justice for the 21st century and beyond.Table of ContentsContents: Introduction: ‘Staying with the Trouble’ – Environmental Justice for the Anthropocene–Capitalocene Anna Grear PART I ENVIRONMENTAL JUSTICE: TAXONOMIES AND CONCEPTUALISATIONS 1. Robert D. Bullard (1994), ‘Overcoming Racism in Environmental Decisionmaking’, Environment: Science and Policy for Sustainable Development, 36 (4), May, 10–20, 39–44 2 2. Alice Kaswan (1997), ‘Environmental Justice: Bridging the Gap between Environmental Laws and “Justice”’, American University Law Review, 47 (2), 221–301 19 3. Dorceta E. Taylor (2000), ‘The Rise of the Environmental Justice Paradigm: Injustice Framing and the Social Construction of Environmental Discourses’, American Behavioral Scientist, 43 (4), January, 508–80 100 4. Robert R. Kuehn (2000), ‘A Taxonomy of Environmental Justice’, Environmental Law Reporter, 30 (9), September, 10681–703 173 PART II ENVIRONMENTAL JUSTICE: DISTRIBUTIVE PATTERNS, STRUCTURAL UNEVENNESS 5. Luke W. Cole (1992), ‘Empowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law’, Ecology Law Quarterly, 19 (4), September, 619–83 197 6. Sheila Foster (1998), ‘Justice from the Ground Up: Distributive Inequities, Grassroots Resistance, and the Transformative Politics of the Environmental Justice Movement’, California Law Review, 86 (4), July, 775–841 262 7. Rebecca Tsosie (2007), ‘Indigenous People and Environmental Justice: The Impact of Climate Change’, University of Colorado Law Review, 78 (4), Fall, 1625–77 329 8. Melissa Checker (2008), ‘Eco-Apartheid and Global Greenwaves: African Diasporic Environmental Justice Movements’, Souls: A Critical Journal of Black Politics, Culture, and Society, 10 (4), 390–408 382 PART III ENVIRONMENTAL JUSTICE: PROCEDURAL JUSTICE, RELATIONAL RECOGNITION 9. Daniel J. Fiorino (1990), ‘Citizen Participation and Environmental Risk: A Survey of Institutional Mechanisms’, Science, Technology, and Human Values, 15 (2), Spring, 226–43 402 10. Gordon Walker (2009), ‘Beyond Distribution and Proximity: Exploring the Multiple Spatialities of Environmental Justice’, Antipode, 41 (4), September, 614–36 420 11. Astrid Ulloa (2017), ‘Perspectives of Environmental Justice from Indigenous Peoples of Latin America: A Relational Indigenous Environmental Justice’, Environmental Justice, 10 (6), December, 175–80 443 12. Joshua C. Gellers and Chris Jeffords (2018), ‘Toward Environmental Democracy? Procedural Environmental Rights and Environmental Justice’, Global Environmental Politics, 18 (1), February, 99–121 449 PART IV ENVIRONMENTAL JUSTICE: IDENTIFIABLE WRONGS, CORRECTIVE AND RETRIBUTIVE REPARATIONS 13. Kathy Seward Northern (1997), ‘Battery and Beyond: A Tort Law Response to Environmental Racism’, William & Mary Environmental Law and Policy Review, 21 (3), 485–598 473 14. Tseming Yang (2002), ‘Environmental Regulation, Tort Law and Environmental Justice: What Could Have Been’, Washburn Law Journal, 41 (3), Spring, 607–28 587 15. Peter Atkins, Manzurul Hassan and Christine Dunn (2007), ‘Environmental Irony: Summoning Death in Bangladesh’, Environment and Planning A: Economy and Space, 39 (11), November, 2699–714 609 16. Upendra Baxi (2010), ‘Writing about Impunity and Environment: The “Silver Jubilee” of the Bhopal Catastrophe’, Journal of Human Rights and the Environment, 1 (1), March, 23–44 625 PART V ENVIRONMENTAL JUSTICE: INTERROGATING THE SOCIOPOLITICAL 17. Julian Agyeman and Bob Evans (2004), ‘“Just Sustainability”: The Emerging Discourse of Environmental Justice in Britain?’, Geographical Journal, 170 (2), June, 155–64 648 18. Carmen G. Gonzalez (2011), ‘An Environmental Justice Critique of Comparative Advantage: Indigenous Peoples, Trade Policy, and the Mexican Neoliberal Economic Reforms’, University of Pennsylvania Journal of International Law, 32 (3), Spring, 723–803 658 19. Donna Houston (2013), ‘Crisis Is Where We Live: Environmental Justice for the Anthropocene’, Globalizations, 10 (3), 439–50 739 20. Joan Martinez-Alier, Leah Temper, Daniela Del Bene and Arnim Scheidel (2016), ‘Is There a Global Environmental Justice Movement?’, Journal of Peasant Studies, 43 (3), 731–55 751 PART VI ENVIRONMENTAL JUSTICE: ONTOLOGICAL JUSTICE AND THE POLITICS OF MEANING 21. Anna Stanley (2009), ‘Just Space or Spatial Justice? Difference, Discourse, and Environmental Justice’, Local Environment: The International Journal of Justice and Sustainability, 14 (10), November, 999–1014 777 22. Anna Tsing (2012), ‘Unruly Edges: Mushrooms as Companion Species’, Environmental Humanities, 1, 141–54 793 23. David Schlosberg (2013), ‘Theorising Environmental Justice: The Expanding Sphere of a Discourse’, Environmental Politics, 22 (1), 37–55 807 24. Stacy Alaimo (2016), ‘Climate Systems, Carbon-Heavy Masculinity, and Feminist Exposure’, in Exposed: Environmental Politics and Pleasures in Posthuman Times, Part II, Chapter 4, Minneapolis, MN, USA and London, UK: University of Minnesota Press, 91–108, 216–20 826 Index

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Book SynopsisThis timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D.Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.Trade Review‘Meinhard Doelle and Sara L. Seck offer a brave and overdue intervention into conventional climate law and loss & damage scholarship. They adopt an unflinchingly equity-oriented approach to climate law and explore some of the most contentious yet essential challenges – including climate justice, racial capitalism, colonialism, intersectionality and private sector participation. In addition to grappling with these challenges head on, the book also offers granular analysis of core questions of international law and international institutions and would be essential reading for anyone interested in climate law, loss & damage, or more far-reaching questions of how to draw upon the rule of law to build a safer and more equitable world.’ -- Cinnamon Carlarne, The Ohio State University, US‘Meinhard Doelle and Sara Seck bring together an impressive update on this ever evolving subject, providing required discussions on the importance of our response to climate change. Well-respected contributors provide insightful thoughts on the topic making this an essential read for those practicing within climate law and policy and academics and scholars studying the environment and climate change.’ -- Mary Robinson, Former President of Ireland and Adjunct Professor, Trinity College, Dublin, Republic of IrelandTable of ContentsContents: 1 Introducing loss and damage 1 Meinhard Doelle and Sara L Seck PART I FRAMEWORKS 2 Equity considerations in loss and damage 18 Nathalie J. Chalifour 3 The sacrifice zones of carbon capitalism: race, expendability, and loss and damage 43 Carmen G. Gonzalez 4 Measuring the immeasurable: loss and damage from climate change in international law 60 Usha Natarajan PART II PUBLIC INTERNATIONAL LAW 5 Loss and damage under the Convention 75 Linda Siegele 6 Loss and damage under the Paris Agreement 100 Linda Siegele 7 Arrested development: the late and inequitable integration of loss and damage finance into the UNFCCC 127 Patricia Galvão Ferreira 8 Against the headwind: innovative sources of loss and damage finance 149 Patricia Galvão Ferreira 9 State responsibility for damages associated with climate change 166 Christina Voigt 10 Valuation of climate change loss and damage 184 Cymie R Payne 11 A rights-based approach to loss and damage due to climate change 201 Katherine Lofts, Sébastien Jodoin and Larissa Parker 12 Indigenous peoples, climate change loss and damage, and the responsibilities of states 223 Kyle Powys Whyte 13 Loss and damage, climate displacement and international law: addressing the protection gap 244 Sumudu Atapattu 14 Loss and damage, disaster law, and climate change 266 Anastasia Telesetsky 15 Solar radiation modification and loss & damage: mapping interactions between climate responses 286 Neil Craik PART III DOMESTIC, TRANSNATIONAL AND PRIVATE INTERNATIONAL LAW 16 Atmospheric recovery litigation around the world: gaining natural resource damages against carbon majors to fund a sky cleanup for climate restoration 303 Mary Christina Wood 17 Loss and damage in European litigation 331 Roda Verheyen and Johannes Franke 18 Towards a civil liability regime for climate-related loss and damage 349 Sharon Mascher 19 Think globally, sue locally: challenges and opportunities in international climate litigation in domestic courts 368 Andrew Gage 20 Carbon major companies and liability for loss and damage 390 Lisa Benjamin 21 Class actions and climate change loss and damage litigation 409 C. Cameron and R. Weyman PART IV CONCLUSIONS 22 Pathways and prospects for loss & damage and climate justice 433 Sara L Seck and Meinhard Doelle Index

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Book SynopsisFacts and feelings constitute a complex tension in modern science. Not only can public opinion deviate from scientific knowledge, but that knowledge itself can be lacunose or contradicting. Managing Facts and Feelings in Environmental Governance examines this internal friction, between the need to engage the public in the importance of environmental governance and the demand of professional expertise to address the issues that arise. This timely and insightful book acknowledges the growing role of behavioural science in the determination of environmental policy, regulation and decision-making, providing astute guidance to decision-makers regarding how to balance the needs of public participation procedures and professional expertise. Its multidisciplinary approach provides new insights in the field of public participation, enabling further analysis of environmental psychology, equality law and fundamental rights and offers concrete guidance on how to approach natural science in court. Engaging with the role that the precautionary principle can play in balancing tensions between public and academic spheres, this book includes a state-of-the-art account of the precautionary approach under EU and International Law. Combining law in action with academic approaches, this book is a must-read for scholars of environmental law, governance and regulation. It also offers valuable guidance for decision-makers and NGOs active in environmental protection, as well as environmental lawyers at national, European and international levels.Trade Review‘The book is a valuable contribution to current scholarship and practice in environmental law, and it is especially significant in inviting further studies on these issues.’ -- Anne Saab, Review of European, Comparative and International Environmental Law'This book enriches the existing literature on environmental law and policy by discussing the often underestimated influence of facts and feelings on policy decisions. Its scientific approach and the wide experience of the contributors have generated a full consideration of all facets of the problem, including the points of view of industry, environmentalists, scientists and judges. Participation problems, the precautionary principle, the innovation principle and the judges' problems of making decisions in cases of tensions between facts and feelings are discussed in detail. The book presents an innovative and thought-inspiring insight into the challenges and difficulties of environmental decision-making.' --Ludwig Krämer, Derecho y Medio Ambiente S.L., SpainTable of ContentsContents: Foreword 1. Introduction Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll Part 1 The Inclusion and Management of the Feelings and Opinions of the Public in Environmental Decision-Making 2. Public Participation in Decision-Making on Energy Projects: When Does it Lead to Better and More Acceptable Energy Projects? Goda Perlaviciute 3. Towards Equal Opportunities in Public Participation in Environmental Matters in the European Union Lorenzo Squintani and Hendrik Schoukens 4. When Feelings Become Scientific Facts: Valuing Cultural Ecosystem Services and Taking Them Into Account in Public Decision-Making Alexandra Aragão Part II Scientific Evidence In Environmental Judicial Proceedings 5. Understanding the Nuts and Bolts: Scientific and Technical Knowledge in Environmental Litigation: National Solutions, EU Requirements and Current Challenges Jan Darpö 6. Scientific Facts and Litigants' Feelings: Practical Innovations From the Vermont Environmental Court and Other Jurisdictions Merideth Wright 7. Scientific evidence in Swedish courts: the use of technical judges for better integration of scientific data in environmental decision-making Mikael Schultz Part III The Precautionary Principle: A Challenged Tool to Manage Scientific Uncertainty 8. Of Fear and Prudence: Precaution Through Better Regulation and Innovation Peter-Tobias Stoll 9. The Limits to Precaution in International Trade Law: From WTO Law to EU Trade Agreements Wybe Th. Douma 10. Conclusions: facts and feelings as catalysts for environmental administration 3.0 Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll Index

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Book SynopsisBringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries. Trade Review‘The book paints a well-rounded picture of the state of play on issues of polar region marine living resource management in the second decade of the twenty-first century.’ -- Andrew Serdy, Ocean Yearbook‘Governing Marine Living Resources in the Polar Regions is one of the first books to comprehensively cover fisheries management in both Polar regions. With its unique concurrent analysis of the Antarctic and Arctic legal regimes, it addresses the question of how governance frameworks can be developed in the polar regions in a manner that effectively reconciles human needs and environmental protection. This book will appeal to both those involved in fisheries management and broader Polar governance and policy. It greatly contributes to the current literature by providing a better understand of the overarching global issues facing both Poles and how they have responded considering their very different governance regimes. As the first book to focus on this area, it synthesises the current understanding of marine living resources at the Poles, and with a unique focus on science and new actors in the Polar regions, highlights the benefits of a circumpolar approach to fisheries management.’ -- Claudia Sosin, Marine Policy‘This book offers a range of interesting insights into contemporary polar oceans marine living resource management.’ -- Tim Stephens, The Polar Journal‘This edited volume on the governance of marine living resources in the polar regions brings together a significant number of scholarly articles by an excellent mix of leading and established researchers and practitioners, as well as promising early-career academics. The research is very timely indeed...There is no doubt that this edited volume succeeds in its objective of providing a broad range of readers with a sound and solid assessment of key features of the governance regimes of marine living resources in the polar regions.’ -- Erik J. Molenaar, The International Journal of Marine and Coastal Law'The polar regions are sentinels for biophysical change, changes that are in turn likely to have a range of impacts on geopolitics, human activities, resource use and environmental management. This book provides a timely and significant assessment of these opportunities and challenges, drawing on insights from experts on the Arctic and Southern Oceans. These perspectives - from science, law and political science - provide a comprehensive assessment of the current state of marine resource management in the polar regions.' --Marcus Haward, University of Tasmania, Australia'The Earth's marine systems are under increasing pressure, nowhere more so than in the polar regions. In this timely volume, a team of knowledgeable analysts assess the capacity of existing Antarctic and Arctic regimes to cope with the resultant governance challenges. This work will be of interest not only to those concerned with the polar regions but also to the broader community of those interested in the fate of the world's marine systems in this era of global change.' --Oran R. Young, University of California, Santa Barbara, USTable of ContentsContents List of contributors vii Foreword by Klaus Dodds xiii Foreword by Karen N. Scott xviii Acknowledgement xxi 1 Introduction 1 Nengye Liu, Cassandra M. Brooks and Tianbao Qin PART I ANTARCTICA 2 The principles of the Convention on the Conservation of Antarctic Marine Living Resources: why its Commission is not a Regional Fisheries Management Organisation 9 Anthony J. Press, Indi Hodgson-Johnston and Andrew J. Constable 3 Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR): implementation of conservation of Southern Ocean marine living resources 30 Keith Reid 4 Geopolitical complexity at the bottom of the world: CCAMLR’s ongoing challenge of adopting marine protected areas 43 Cassandra M. Brooks 5 Inclusive and evidence-based decision-making in CCAMLR: a basis for ensuring compliance? 66 Nils Vanstappen PART II ARCTIC 6 Governance of fisheries in the Central Arctic Ocean: cooperative currents, foggy future 92 David L. VanderZwaag 7 Russia and Arctic fisheries 109 Alexander Sergunin 8 Governing access rights to harvesting marine living resources: the case of the Svalbard Archipelago 138 Sandra Cassotta and Rachel Tiller PART III FUTURE CHALLENGES AND PROSPECTS 9 Frozen robots: autonomous underwater vehicles and unmanned aerial vehicles in the Antarctic: a new tool or a new challenge for sustainable ocean governance? 158 David Leary 10 Bioprospecting in Antarctica: obligations and challenges 177 Ana Fl.via Barros-Platiau, Carina Costa de Oliveira, Gabriela G.B. Lima Moraes and Pierre Mazzega 11 The settlement of disputes concerning conservation of fish stocks in the Arctic and Antarctic high seas: towards comprehensive compulsory jurisdiction? 196 Valentin J. Schatz 12 The future of governing marine living resources in the Polar Regions 222 Nengye Liu and Cassandra M. Brooks Index 229

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Book SynopsisProtecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.Trade Review'This book carefully presents features of the systems for the protection of traditional knowledge that are found in two key developing countries. The author skillfully frames those features as lessons for those designing frameworks for the protection of traditional knowledge in other places. The book provides a commendable level of detail making it useful and accessible for both researchers and policymakers around the globe.' --Susy Frankel, FRSNZ, Victoria University of Wellington, New Zealand'The value of this excellent book is that it goes beyond merely critiquing the main approaches proposed, which it does very convincingly, by examining two of the most established legal frameworks: those of Peru and India. Viewing national legal systems as pluralist and guided by the right to self-determination, she then applies her findings to Australia. The book is an enjoyable and illuminating read which should invigorate a rather tired debate.' --Graham Dutfield, University of Leeds, UK'In this outstanding book, Evana Wright carefully choreographs sample national experiences across strategically selected countries. Her findings are prudently presented as rich policy pathways and lessons for nations, regions, and policy makers with interest in the protection of traditional knowledge of the world's Indigenous Peoples and Local Communities.' --Chidi Oguamanam, University of Ottawa, CanadaTable of ContentsContents: 1. Traditional Knowledge: Why and how should we protect it? 2. Biopiracy: Shared history, different approaches 3. Institutions and funds 4. Access and benefit sharing 5. Databases and registers 6. Lessons from case studies Bibliography Index

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