Public international law: environment Books
Edward Elgar Publishing Ltd The Paris Agreement on Climate Change: A
Book SynopsisProviding in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs).Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.Trade Review'This Commentary brings together 22 eminent climate, energy and environmental law scholars to provide a much-needed, comprehensive analysis of the ground-breaking Paris Agreement. This will be a valuable go-to resource for policy makers, scholars and students alike.' -- Jolene Lin, National University of Singapore'For anyone wanting to understand the intricacies of the all-important Paris Climate Agreement, this book will be indispensable. For each of the Agreement's 29 articles it provides a clear explanation of the origins, meaning and related authorities, with ample references. I wish I had it the last time I was puzzling through a section. The editors and chapter authors, all of them real experts, have provided a major service to everyone involved with or studying global climate governance.' -- Michael B. Gerrard, Columbia Law School, US'This Commentary is an essential reading for all who want to understand the ''what, why and how'' of the Paris Agreement's rules and architecture. It offers history, interpretation and implementation guidance in a comprehensive manner. Geert Van Calster and Leonie Reins did an excellent job in making the complexity of the Agreement accessible to a larger audience.' -- Professor Christina Voigt, University of Oslo, NorwayTable of ContentsContents: Table of cases xxi Table of legislation Introduction –The Paris Agreement on Climate Change 1 Leonie Reins and Geert Van Calster The Preamble 5 Ben Boer Article 1 Scope of obligations: terms and definitions 33 Rowena Cantley-Smith Article 2 Aims, objectives and principles 73 Navraj Singh Ghaleigh Article 3 Aims, objectives and principles 94 Navraj Singh Ghaleigh and Cleo Verkuijl Article 4 Mitigation 109 Benoît Mayer Article 5 Sinks, reservoirs of GHGs and forests 133 Annalisa Savaresi and Lucia Perugini Article 6 Voluntary cooperation/NDCs 148 Matthieu Wemaëre Article 7 Adaptation 172 Cathrine Ramstad Wenger Article 8 Loss and damage 200 Elisa Calliari, Lisa Vanhala, Linnéa Nordlander, Daniel Puig, Fatemeh Bakhtiari, Md Fahad Hossain, Saleemul Huq, and M. Feisal Rahman Article 9 Finance 218 Michael Mehling Article 10 Technology development and transfer 237 Matthew Rimmer Article 11 Capacity-building 260 Gokce Mete Article 12 Education and training 284 Jelena Bäumler and Thomas Schomerus Article 13 Enhanced transparency framework for action and support 302 Harro van Asselt and Kati Kulovesi Article 14 The global stocktake 326 Marjan Peeters Article 15 Compliance mechanism 347 Lisa Benjamin, Rueanna Haynes and Bryce Rudyk Article 16 Institutional provisions 364 Jed Odermatt Article 17 Institutional provisions 369 Jed Odermatt Article 18 Institutional provisions 371 Jed Odermatt Article 19 Institutional provisions 373 Jed Odermatt Article 20 Concluding the Paris Agreement: signature and consent to be bound 375 Rowena Cantley-Smith Article 21 Entry into force and ratification 386 Rowena Cantley-Smith Article 22 Amending the Paris Agreement 390 Rowena Cantley-Smith Article 23 Annexes to the Paris Agreement 395 Rowena Cantley-Smith Article 24 Settlement of disputes under the Paris Agreement 400 Rowena Cantley-Smith Article 25 Voting rights 411 Rowena Cantley-Smith Article 26 Depositary of the Paris Agreement 414 Rowena Cantley-Smith Article 27 Reservations to the Paris Agreement 416 Rowena Cantley-Smith Article 28 Withdrawal from the Paris Agreement 422 Rowena Cantley-Smith Article 29 Authentication and adoption of the Paris Agreement’s text 428 Rowena Cantley-Smith Index 435
£205.00
Edward Elgar Publishing Ltd Research Handbook on Ocean Acidification Law and
Book SynopsisThis important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.Trade Review‘. . . the edited collection makes for an excellent contribution to the literature on ocean acidification. Many of the contributions address issues that have not yet received much scholarly attention, while those that cover more familiar topics provide new perspectives and track recent developments in the legal and policy response to ocean acidification. Research Handbook on Ocean Acidification Law and Policy certainly succeeds in providing “a navigational guide to the tangled currents” of responding to ocean acidification at the global, regional and national levels. For this, the editors and the contributors are to be commended. Hopefully this guide will not only be the basis for further scholarly investigation of the different challenges ocean acidification presents, but will also be read by policymakers at different levels of governance and go some way to steering them towards more effective responses to continuing ocean acidification.’ -- Philipp Peter Nickels, The International Journal of Marine and Coastal Law‘Like climate change, ocean acidification is caused by rising carbon dioxide emissions. However, unlike the former, its adverse impacts on the marine ecosystems globally, biological diversity, human rights and food security are largely unaddressed. This Research Handbook draws attention to this gap in law and policy; a gap in dire need of closing. The opportunities, the book suggests, lie in regional, national and sub-national responses. The success depends on whether governments rise to this major challenge. In this context, the book is an alarm bell.’ -- Christina Voigt, University of Oslo, NorwayTable of ContentsContents: 1 Introduction to the Research Handbook on Ocean Acidification Law and Policy 1 David L VanderZwaag, Nilüfer Oral, and Tim Stephens PART I SCIENTIFIC CONTEXT 2 Ocean acidification: scientific understanding and challenges 11 Dan Laffoley, John M Baxter, Elizabeth B Jewett, Maureen T Brooks and Nelson A Lagos PART II GLOBAL LAW AND POLICY 3 Implications of the Paris Agreement for Action on Ocean Acidification within the UNFCCC 24 Ellycia R Harrould-Kolieb 4 Ocean acidification and multilateral environmental agreements 37 Naporn Popattanachai and Elizabeth A Kirk 5 Maritime transport and ocean acidification 53 Beatriz Martinez Romera 6 Ocean acidification and a new treaty on marine biodiversity in areas beyond national jurisdiction 61 Joanna Mossop 7 Food security, fisheries and ocean acidification: a human rights based approach 74 Hilal Elver and Nilüfer Oral PART III REGIONAL LAW AND POLICY 8 Regional seas programmes and ocean acidification 94 Kerry Tetzlaff 9 Regional fisheries bodies and ocean acidification 123 Rosemary Rayfuse 10 Ocean acidification and the Arctic: regional scientific and governance responses 142 Nadja Steiner and David L VanderZwaag 11 Southern Ocean acidification and the Antarctic Treaty System 164 Karen N Scott 12 Ocean acidification and Pacific Island countries and territories: sounding the alarm on an existential threat 179 Clement Yow Mulalap PART IV NATIONAL LAW AND POLICY 13 Ocean acidification: science, policy and law in Australia 201 Ellycia R Harrould-Kolieb and Tim Stephens 14 Brazilian policy and law review on ocean acidification and climate change: achievements and challenges 220 Maria Helena Fonseca de Souza Rolim and Victor Alencar Mayer Feitosa Ventura 15 Ocean acidification and China’s response 238 Jiayu Bai and Jiaxin Sui 16 The battle against ocean acidification in the United States 260 Sherry P Broder Index
£168.00
Edward Elgar Publishing Ltd Litigating the Environment: Process and Procedure
Book SynopsisProviding an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.Trade Review‘What role do international litigation and the international legal system play in resolving environmental disputes? An older generation of international lawyers would have answered that question by reference to the law of state responsibility for damage and the Trail Smelter case. A modern scholar, such as Dr. Bendel, focuses instead on the need for a preventive approach to environmental harm, exemplified by part XII of the 1982 UNCLOS. Relocating the international legal system within this preventive context has not been easy. There is first the problem of systematizing the growing network of regulatory treaties into a coherent whole that courts and governments can apply effectively. There is also the growing number and diversity of courts, tribunals and noncompliance procedures with overlapping jurisdiction over a wide range of disputes, only some of which are environmental. How do we make sense of such a fragmented system that no-one would design from scratch but that seems to work tolerably well. Dr. Bendel’s book provides a sure and confident guide to these challenging questions. It merits a place on the bookshelves of anyone who has to deal with global or regional environmental problems.’ -- Alan Boyle, Edinburgh University, UK‘Legal questions regarding the protection of the environment, including addressing climate change and its adverse effects, are quickly rising on the international judicial agenda. Justine Bendel's book provides a diligent analysis of the procedural contours of international court and tribunals in addressing such questions. The timing of this book could not have been more suitable nor its relevance more acute.’ -- Christina Voigt, University of Oslo, Norway‘The litigation of environmental matters in international courts and tribunals continues apace, and this exciting new book explores and challenges assumptions about the function of this litigation in delivering positive outcomes for a global environment that is under increasing pressure.’ -- Tim Stephens, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction 2. Functions of international litigation 3. Access to international courts and tribunals 4. Scientific evidence 5. Prevention and provisional measures of protection 6. Remedies 7. Relationships between judicial dispute settlement and non-compliance procedures 8. Conclusion Bibliography Index
£116.47
Edward Elgar Publishing Ltd Intellectual Property and Sustainable Markets
Book SynopsisDiscussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.Trade Review'This is an excellent book which explores an important issue for scholarship and society. The editors have drawn together high-quality scholars from a diverse range of geographical and legal disciplinary backgrounds. They have delivered a work which crosses silos and engages directly with the cultural, commercial, market-based and technological elements with which intellectual property and sustainability are entwined. The contributions are of individual significance and the work as a whole will be of interest to scholars, policymakers and industry as they develop their future paths to combining and delivering the key goals of sustainability, sustainable development and appropriate protection for IP.' -- Abbe Brown, University of Aberdeen, UK'Ole-Andreas Rognstad and Inger B. Ørstavik’s edited volume on IP and sustainable markets makes a timely and important contribution to the growing literature on the intersection of intellectual property and sustainable development. The chapter authors are all highly regarded experts in their fields, ranging from international environmental and intellectual property law treaties to domestic legislation. Their practical recommendations would, if adopted, result in welcome changes to our current international sustainable development infrastructure.' -- Joshua Sarnoff, DePaul University, US'This clear-sighted book on intellectual property and sustainable development provides a road map for a transition to a circular economy. The research explores the role of international institutions such as the WIPO, WTO and WHO in the realization of the United Nations Sustainable Development Goals. This research highlights the nexus between intellectual property and environmental policies in respect of clean energy, climate change and sustainable development.' -- Matthew Rimmer, Queensland University of Technology, AustraliaTable of ContentsContents: 1 Intellectual property and sustainable markets: introduction 1 Ole-Andreas Rognstad and Inger B. Ørstavik 2 Why are intellectual property rights hardly visible in the United Nations Sustainable Development Goals? 12 Hans Morten Haugen 3 Realigning TRIPS-plus negotiations with UN Sustainable Development Goals 38 Peter K. Yu 4 Disrupted creativity: cultural sustainability in peril 63 Daniel J. Gervais 5 Repairing and re-using from an exclusive rights perspective: towards sustainable lifespan as part of a new normal? 81 Taina Pihlajarinne 6 Revisiting the concept of ‘trade mark piracy’ in light of sustainable development goals: a discussion of the Norwegian ‘Apple Case’ 101 Ole-Andreas Rognstad 7 A modern role for intellectual property rights in sustainable finance, prudential banking and capital adequacy regulation 115 Janice Denoncourt 8 Intellectual property rights, technology development and market dynamics in the renewable energy sector 158 Inger B. Ørstavik 9 Smart Grid standards development and patent protection in the United States: striking the balance between dramatic overhaul of the electric grid and encouragement of innovation 188 Joel B. Eisen and Kristen Jakobsen Osenga 10 The treatment of intellectual property rights in open innovation models: new business models for the energy transition 207 Catherine Banet Index
£99.00
Edward Elgar Publishing Ltd Advanced Introduction to Environmental Compliance
Book SynopsisThis Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider “next generation” and “smart regulation” strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide. Trade Review‘Advanced Introduction to Environmental Compliance and Enforcement provides both accessible and comprehensive coverage of modern environmental compliance and enforcement issues. Paddock skilfully weaves together foundational and advanced insights to make an important contribution to our understandings of many novel compliance and enforcement challenges, including program design, optimising mixes of tools and parties, citizen science and monitoring, and private governance. This book will be of great interest to governments, policy makers, students and academics.’ -- Cameron Holley, University of New South Wales, Australia‘As the former Chief of Environmental Enforcement, Environment and Natural Resources Division (ENRD), US Department of Justice, I have had the occasion to review a number of books about environmental compliance and enforcement. This book by Lee Paddock is the best, and reflects his considerable knowledge born of years of experience as a State Assistant Attorney General, and as a Professor and Dean at two leading law schools. His book covers all the basics, but adds new developments including citizen science and monitoring, private governance, and both civil and criminal enforcement.’ -- John C. Cruden, former Assistant Attorney General, ENRD‘Lee Paddock's Advanced Introduction accomplishes a major feat: it brings together the full range of constantly evolving environmental enforcement challenges into a set of clear explanations and feasible recommendations. Its well-organized chapters untangle enforcement’s overlapping dimensions, from inspection and judicial procedures to private management and international supply lines, and examines each in a systematic, informed, and applicable way. This book is an essential foundation for anyone studying environmental law and an invaluable reference for anyone working in the field.’ -- Mark Ungar, Graduate Center, CUNY, US‘Paddock’s comprehensive overview uses examples from around the world to illustrate environmental compliance and enforcement challenges and opportunities. The book blends theory and practice in discussing foundational matters such as enforcement strategies, tools, and mechanisms. It also explores innovations in citizen enforcement, the relationship between enforcement and environmental justice, and the role of private environmental governance. This book will be an essential resource for anyone interested in environmental enforcement, from the uninitiated to the most experienced practitioners, policymakers, and academics.’ -- Robert Glicksman, George Washington University Law School, USTable of ContentsContents: Preface PART 1 Introduction and Design Elements 1. Introduction to the Advanced Introduction to Environmental Compliance and Enforcement 2. Compliance and Enforcement Design Elements PART 2 Compliance and Enforcement Theories and Strategies 3. Compliance and Enforcement Theories 4. Compliance and Enforcement Strategies PART 3 Inspections and Monitoring 5. Inspections 6. Monitoring PART 4 Compliance Assistance and Administrative Enforcement 7. Compliance 8. Administrative Enforcement PART 5 Civil Judicial and Criminal Enforcement 9. Civil Judicial Enforcement 10. Criminal Enforcement PART 6 Sanctions 11. Civil Penalty Policies 12. Criminal Sanction PART 7 Private Environmental Governance and Enforcement 13. Private Environmental Governance References Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Environmental Compliance
Book SynopsisThis Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider “next generation” and “smart regulation” strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide. Trade Review‘Advanced Introduction to Environmental Compliance and Enforcement provides both accessible and comprehensive coverage of modern environmental compliance and enforcement issues. Paddock skilfully weaves together foundational and advanced insights to make an important contribution to our understandings of many novel compliance and enforcement challenges, including program design, optimising mixes of tools and parties, citizen science and monitoring, and private governance. This book will be of great interest to governments, policy makers, students and academics.’ -- Cameron Holley, University of New South Wales, Australia‘As the former Chief of Environmental Enforcement, Environment and Natural Resources Division (ENRD), US Department of Justice, I have had the occasion to review a number of books about environmental compliance and enforcement. This book by Lee Paddock is the best, and reflects his considerable knowledge born of years of experience as a State Assistant Attorney General, and as a Professor and Dean at two leading law schools. His book covers all the basics, but adds new developments including citizen science and monitoring, private governance, and both civil and criminal enforcement.’ -- John C. Cruden, former Assistant Attorney General, ENRD‘Lee Paddock's Advanced Introduction accomplishes a major feat: it brings together the full range of constantly evolving environmental enforcement challenges into a set of clear explanations and feasible recommendations. Its well-organized chapters untangle enforcement’s overlapping dimensions, from inspection and judicial procedures to private management and international supply lines, and examines each in a systematic, informed, and applicable way. This book is an essential foundation for anyone studying environmental law and an invaluable reference for anyone working in the field.’ -- Mark Ungar, Graduate Center, CUNY, US‘Paddock’s comprehensive overview uses examples from around the world to illustrate environmental compliance and enforcement challenges and opportunities. The book blends theory and practice in discussing foundational matters such as enforcement strategies, tools, and mechanisms. It also explores innovations in citizen enforcement, the relationship between enforcement and environmental justice, and the role of private environmental governance. This book will be an essential resource for anyone interested in environmental enforcement, from the uninitiated to the most experienced practitioners, policymakers, and academics.’ -- Robert Glicksman, George Washington University Law School, USTable of ContentsContents: Preface PART 1 Introduction and Design Elements 1. Introduction to the Advanced Introduction to Environmental Compliance and Enforcement 2. Compliance and Enforcement Design Elements PART 2 Compliance and Enforcement Theories and Strategies 3. Compliance and Enforcement Theories 4. Compliance and Enforcement Strategies PART 3 Inspections and Monitoring 5. Inspections 6. Monitoring PART 4 Compliance Assistance and Administrative Enforcement 7. Compliance 8. Administrative Enforcement PART 5 Civil Judicial and Criminal Enforcement 9. Civil Judicial Enforcement 10. Criminal Enforcement PART 6 Sanctions 11. Civil Penalty Policies 12. Criminal Sanction PART 7 Private Environmental Governance and Enforcement 13. Private Environmental Governance References Index
£19.95
Edward Elgar Publishing Ltd Research Handbook on Law, Governance and
Book SynopsisThis comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform.Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.Trade Review'The planetary boundaries concept provides an ideal framework for connecting science with law at the global level. This book explores this connection in great detail, from our undeniable need for limits and the fundamental concepts of ethics, justice and governance to the comprehensive assessment of the legal implications of each of the individual boundaries.' -- - Will Steffen, The Australian National University'Co-edited by Duncan French and Louis Kotz - two of the foremost scholars in the field of environmental law in the era of the Anthropocene - this Research Handbook is the first comprehensive attempt to investigate, from a legal perspective, the human dimensions of scientific concepts of planetary boundaries. The book brings together a fascinating series of contributions from some of the leading legal thinkers in the field. At a time when raging fires and other ''unprecedented'' environmental disasters are providing increasing evidence of the consequences of failing to respect planetary limits, this book is a timely and important reminder of the contribution that can be made by law in ensuring that humanity and our environment remain within the planet's ''safe operating space''.' -- -- Jacqueline Peel, University of Melbourne, Australia'If international environmental law is to stay relevant in the face of overwhelming evidence of its inability to address the galloping environmental harms humanity is witnessing, it needs to embrace a fundamental reset of its premises, conceptual pillars, and governance models. Such a reset requires imagination -- imagination that is outrageous in its ambition and fuelled by outrage. This Research Handbook, edited by two of the finest international environmental law scholars of our time, Duncan French and Louis Kotz, is a work of such outrageous imagination. It challenges legal boundaries in its quest to protect planetary ones, and in so doing takes us closer to law and governance fit for environmental purpose.' -- - Lavanya Rajamani, University of Oxford, UKTable of ContentsContents: Foreword xi Preface xii 1 Staying within the planet’s ‘safe operating space’? Law and the planetary boundaries 1 Louis J. Kotzé and Duncan French PART I LEGAL, ETHICAL AND GOVERNANCE DIMENSIONS OF THE PLANETARY BOUNDARIES 2 Exploring the planetary boundaries and environmental law: historical development, interactions and synergies 21 Alice Bleby, Cameron Holley and Ben Milligan 3 Governing the complexity of planetary boundaries: a state-of-the-art analysis of social science scholarship 45 Rakhyun E. Kim and Louis J. Kotzé 4 Planetary boundaries, planetary ethics and climate justice in the Anthropocene 65 Sam Adelman 5 Science, law and planetary uncertainty 84 Lynda Collins 6 Planetary boundaries intra muros : cities and the Anthropocene 103 Helmut Philipp Aust and Janne E. Nijman PART II INTERNATIONAL LAW AND THE PLANETARY BOUNDARIES 7 Planetary boundaries and regime interaction in international law 125 Dario Piselli and Harro van Asselt 8 Changing role of law-making in responding to planetary boundaries? 147 Giovanna M. Frisso and Elizabeth A. Kirk 9 International law, planetary boundaries and teleconnections 167 Ellen Hey 10 Compliance with planetary boundaries in international law 183 Jonas Ebbesson 11 Exploring the planetary boundaries’ wasteland: international law and the advent of the Molysmocene 203 Michael Hennessy Picard and Olivier Barsalou PART III PLANETARY BOUNDARIES AND THE LAW 12 Loss of biosphere integrity (biodiversity loss and extinctions) 221 Han Somsen and Arie Trouwborst 13 Climate change 245 Jonathan Verschuuren 14 Stratospheric ozone depletion 260 Louise du Toit 15 Atmospheric aerosol loading 277 Leslie-Anne Duvic-Paoli and Emily Webster 16 Ocean acidification 294 Tim Stephens 17 Nitrogen and phosphorus flows to the biosphere and oceans 309 Daniela Diz 18 Freshwater consumption and the global hydrological cycle 324 Nathan John Cooper 19 Land system change 342 Karen Morrow 20 Chemical pollution (and the release of novel entities) 363 Tiina Paloniitty, Chukwukpee Nzegwu and Duncan French Index
£197.00
Edward Elgar Publishing Ltd Protecting Forest and Marine Biodiversity: The
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,
£38.95
Edward Elgar Publishing Ltd Implementing the World Heritage Convention:
Book SynopsisAs the World Heritage Convention enters its 50th year, questions are being raised about its failures and successes. This topical book draws together perspectives across law and heritage research to examine the Convention and its implementation through the novel lens of compliance.The book challenges the widely held view that managing the 'world’s heritage' is a non-regulatory, incentive-based task with limited sanctioning options. Combining theoretical perspectives with deep technical analysis and historical investigation, the book tackles the compliance question through an examination of 12 diverse cases.Analysing past World Heritage properties like the Arabian Oryx Sanctuary (Oman) and Dresden Elbe Valley (Germany), as well as at-risk properties, like the Great Barrier Reef (Australia), Group of Monuments at Hampi (India) and Everglades National Park (United States), chapters trace the evolution and application of key non-compliance mechanisms like Reactive Monitoring, the In Danger List, and the Deletion procedure. In so doing, this book provides a comprehensive understanding of the Convention's compliance architecture and the tools available to respond to instances of non-compliance.Illustrating how an improved compliance system is a critical component of a functioning and legitimate World Heritage regime, this book provides an invaluable resource to heritage and environmental policymakers and organisations looking to understand obligations under the Convention, as well as students and scholars coming to terms with the impact of the regime.Trade Review‘This work involves a high level of technicality in law and policy and scientific data analysis, highlighting the dynamic between scientific reports and decision-making in heritage policies.’ -- Anaïs Matiez, Asian Journal of International Law‘How we conserve our natural and cultural heritage, and with what effect on people and the natural environment, depends largely on how science-based regimes play out. Implementing the World Heritage Convention: Dimensions of Compliance is a major contribution to the critical debate on science-based governance of World Heritage. Hamman and Hølleland have systematically examined UNESCO’s digital archive to illuminate compliance and non-compliance across 12 high-profile cases, including the Everglades, the Great Barrier Reef, East Rennell, Old Town of Lijiang, Dresden and George Town. By synthesising perspectives from transnational environmental law and archaeology, the book breaks new ground in the vitally important project of global heritage conservation.’ -- Tiffany H. Morrison, Australian Research Council Centre of Excellence for Coral Reef Studies‘A half-century after the adoption of the World Heritage Convention, much research and public comment focuses on the ways in which the World Heritage system is bent to political purposes and vested interests. But what if we take its ambitious regulatory apparatus seriously? Positing compliance as a key notion, heritage studies specialist Hølleland and law scholar Hamman deliver a meticulously researched analysis of how the rules and procedures around awarding, monitoring and removing World Heritage honours have been conceptualised and implemented over the years. For anyone interested in a realistic appraisal of the possibilities and limitations of the most prominent global framework for heritage conservation, this is an invaluable resource.’ -- Christoph Brumann, Max Planck Institute for Social Anthropology, GermanyTable of ContentsContents: Preface 1. Introduction to Implementing the World Heritage Convention 2. The World Heritage regime: rules, obligations and actors 3. World Heritage listings and the challenge of legacy issues 4. Reporting and Reactive Monitoring: a first step towards substantive compliance 5. The List of World Heritage in Danger: from fire alarm to non-compliance mechanism 6. Deletion from the World Heritage List: from deterioration to irretrievable loss 7. Conclusion: a regime at a crossroads Index
£100.00
Edward Elgar Publishing Ltd Research Handbook on International Law and
Book SynopsisThis incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources. Chapters examine the role of international legal obligations on fair and equitable benefit-sharing in environmental protection, the contribution of the UN and other international institutions to environmental peacebuilding, and the nexus between access to environmental services and peacebuilding efforts. The compelling conclusion explores contemporary approaches for improving the inclusivity of environmental peacebuilding, considering the role of gender and indigenous peoples’ perspectives. The Research Handbook on International Law and Environmental Peacebuilding will be crucial reading for students and scholars in environmental law, environmental politics and policy, peace and security studies and public international law. Its comprehensive treatment will also be beneficial to policymakers in international environmental and peacebuilding organizations.Trade Review‘Environmental peacebuilding is a crucial part of the measures to be taken after an armed conflict to facilitate the return to true peace and prevent the relapse into conflict. The book fills the existing research and knowledge gap regarding the law governing them in an innovative and creative way.’ -- Michael Bothe, Goethe University Frankfurt/Main, GermanyTable of ContentsContents: Foreword ix Acknowledgements xi 1 The international legal dimensions of environmental peacebuilding 1 Daniëlla Dam-de Jong and Britta Sjöstedt PART I INTERNATIONAL LAW AS A NORMATIVE FRAMEWORK 2 Sustainable development and environmental peacebuilding 17 Onita Das 3 The contribution of equity to environmental peacebuilding 42 Virginie Barral 4 The role of fair and equitable benefit-sharing in environmental peacebuilding 62 Elisa Morgera 5 Managing the tensions between a maximalist approach to environmental protection and anthropocentric peacebuilding 89 Jens Iverson 6 Environmental peacebuilding and environmental rule of law: Linkages, lessons, and looking forward 105 Carl Bruch and Isabelle Morley 7 Natural resources, transitional states and grand corruption 127 Naomi Roht-Arriaza PART II INTERNATIONAL LAW AS AN INSTITUTIONAL FRAMEWORK 8 Environmental peacebuilding and sustaining peace: The United Nations and integrated approaches 152 Albert Martinez and David Jensen 9 The contribution of the UN Security Council to environmental peacebuilding 183 Daniëlla Dam-de Jong 10 Contribution of multilateral environmental agreements and their institutional mechanisms to environmental peacebuilding 200 Britta Sjöstedt 11 Assessing the contribution of human rights actors to environmental peacebuilding 230 Karen Hulme 12 To repair or not to repair: What are the questions? 253 Giulia Pinzauti and Merryl Lawry-White 13 Environmental peacebuilding and natural resources management: The role of international investment law 277 Ole Kristian Fauchald PART III THE WAY FORWARD – AN INTEGRATED APPROACH 14 Addressing land inequality, rehabilitation and competing uses 304 Daniëlla Dam-de Jong 15 Access to water and peacebuilding 328 Mara Tignino and Tadesse Kebebew 16 Extractive industry for sustainable development? Some reflections on the role of investment contracts in ensuring benefit sharing and community participation in natural resource governance 355 Marco Pertile and Sondra Faccio 17 Integrating gender, peace and environment: The gender dimension of environmental peacebuilding 381 Sarah Mead and Marie Jacobsson 18 Environmental peacebuilding and indigenous peoples’ rights to lands and resources 401 Bas Rombouts Index
£205.00
Edward Elgar Publishing Ltd Teaching and Learning in Environmental Law:
Book SynopsisThis unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject.Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.Trade Review'Teaching and Learning in Environmental Law is a landmark contribution to environmental law scholarship as the first book to be devoted entirely to different teaching methodologies for environmental law. The editors and authors are leading names and recognized professors of environmental law. This book will quickly become an essential resource for environmental law scholars in all parts of the world and from all legal systems engaged in the teaching of environmental law.' -- Nilüfer Oral, Centre for International Law, National University of Singapore, Singapore and Member of the UN International Law Commission'This book represents a real breakthrough. It is the first to explore in depth how to overcome the daunting challenges of teaching environmental law. The field's rapid growth during the last half century has made it more important than ever, but also more difficult, to understand how law seeks to combat environmental problems. The book examines a rich variety of approaches to teaching environmental law through the experienced eyes of a multinational group of outstanding teachers and scholars. It offers fresh insights that will be of great value no matter how long one has been teaching in this field.' -- Robert Percival, University of Maryland Francis King Carey School of Law, US'Teaching and Learning in Environmental Law is a highly recommended book for all teachers of environmental law around the world. This edited collection contains carefully curated articles showing a wide range of teaching methodologies that could be applied in differing contexts. Considering the many challenges that frequently arise in teaching environmental law, this book reveals fresh perspectives and inspiring accounts which were gained from experience by the different contributors in the book. The book provides a compilation of narratives and lessons from tried-and-tested learning approaches that takes one inside and beyond the four walls of the classroom.For most teachers, competence in teaching is often honed by experience. This book, therefore, allows one to embark on a journey of self-reflection as one sifts through the information shared by each contributor. In the end, one emerges hopeful, inspired and ready to take on the challenges of teaching environmental law in a complex, fast-changing world. Indeed, many teachers of environmental law will greatly benefit from the treasure trove of teaching materials found in this book.Environmental law has become a widely recognized discipline in legal education today. It is, thus, vital for teachers of environmental law to teach and learn how to be effective teachers in environmental law. The Teaching and Learning in Environmental Law book can be an essential part of the teaching arsenal of every teacher of environmental law.' -- Rose-Liza Eisma-Osorio, University of Cebu School of Law, Philippines'In all modern societies, the protection of the environment lies mainly in the hands of public authorities, which grant permits, plan and realise infrastructure projects, fight - or do not fight - pollution, and deal with resource issues. This means that a great number of those who study environmental law will later occupy posts in transport, energy, local administrations or in economy. It is vital that they understand ecological concerns, environmental impairment and the need to integrate environmental issues into their day-to-day decisions.This book offers a wealth of new ideas for how to teach environmental law in a way that reaches the mind and at the same time the heart of students. The examples stem mainly from Anglo-Saxon countries, but offer enough flexible ways of teaching that they are of use to environmental teachers all over the world. And the examples are not limited to environmental law teaching and learning: indeed, as the protection of our planet is of general vital interest, any teacher may usefully adapt his teaching methods to examples that are given in the book, whether he teaches at a high school, a primary school, a university or in vocational courses. The whole book centers around the question of how to bring the message of the necessity to conserve this planet into the minds and hearts of the students.A very welcome and necessary book, which deserves - and needs! - many readers and is indispensable for any teacher of environmental policy, law, economy, or science.' -- Ludwig Krämer, Derecho y Medio Ambiente S.L., Spain
£109.00
Edward Elgar Publishing Ltd Research Handbook on International Marine
Book SynopsisThis wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment.Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.Trade Review‘This second edition of the Research Handbook is a tour de force of the most relevant topics of marine environmental law by global experts in the field. This book is a must read for any practitioners and policymakers who are interested in viable solutions for ocean governance dilemmas where the needs of humans may not be easy to reconcile with the needs of increasingly precarious ocean ecosystems.’ -- Anastasia Telesetsky, California State University, San Luis Obisbpo, US‘The Research Handbook provides a comprehensive analysis of critical issues in international marine environmental law. Ambitious and forward looking, it addresses contemporary concerns, such as biodiversity loss, plastic pollution and climate change, suggesting solutions for coping with these challenges. This is an excellent and highly recommended publication for scholars and practitioners engaged in this crucial field of law.’ -- Tomas Heidar, Vice-President of the International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi PART I MARINE ENVIRONMENTAL LAW IN THE 21ST CENTURY 1 International marine environmental law in the 21st century 2 Rosemary Rayfuse, Aline Jaeckel and Natalie Klein 2 The UN Convention on the Law of the Sea – still relevant to protection of the marine environment? 33 Robin Churchill 3 Fragmentation and coherence in the legal framework for the protection of the marine environment 57 Alexander Proelss PART II LEGAL FRAMEWORKS FOR THE PROTECTION OF THE MARINE ENVIRONMENT 4 Basic principles of international marine environmental law 81 Yoshifumi Tanaka 5 Compliance mechanisms under treaties relating to protection of the marine environment 104 James Harrison 6 Resolving international disputes concerning the marine environment 124 Natalie Klein and Millicent McCreath 7 Mapping progress and challenges for the UNEP Regional Sea Programme for the Mediterranean 150 Nilufer Oral 8 The Indian Ocean region and marine environmental law 172 Erika Techera PART III POLLUTION AND THE MARINE ENVIRONMENT 9 Vessel-source pollution – some key developments 196 Henrik Ringbom 10 Regulating shipping under conditions of uncertainty: The Arctic Ocean and knowledge-based decision-making 218 Tore Henriksen 11 From ocean dumping to marine geoengineering: The evolution of the London Regime 240 Karen N Scott 12 Ocean acidification 264 Ellycia Harrould-Kolieb and Tim Stephens PART IV PROTECTING MARINE BIODIVERSITY 13 Protecting the marine environment of the deep seabed 289 Michael Lodge 14 Protecting marine biodiversity and vulnerable marine ecosystems 311 Rosemary Rayfuse 15 Marine mammals and migratory species 333 Richard Caddell PART V MECHANISMS AND TOOLS FOR PROTECTING THE MARINE ENVIRONMENT 16 Public participation in the governance of deep-seabed mining in the Area 361 Jeff Ardron, Hannah Lily and Aline Jaeckel 17 Marine scientific research and the protection of the seas and oceans 385 Anna-Maria Hubert 18 New technology and the protection of the marine environment 409 Hilde J Woker, Rozemarijn J Roland Holst and Harriet Harden-Davies 19 Implementing environmental impact assessment in areas beyond national jurisdiction: Epistemic, institutional and normative challenges 428 Neil Craik and Kristine Gu 20 Enhancing marine protected areas and marine spatial planning through an ecosystem approach 451 Vasco Becker-Weinberg Index 467
£210.00
Edward Elgar Publishing Ltd Courts and the Environment
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
£38.95
Edward Elgar Publishing Ltd Global Plastic Pollution and its Regulation:
Book SynopsisAddressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem.Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilizes stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue.This comprehensive book will be crucial for students and scholars of law, economics, politics and environmental studies endeavouring to further understand the multi dimensional issue of global plastic pollution. It will additionally be valuable for policy- and decision-makers seeking to understand the challenges involved in environmental policy regulation.Trade Review‘This book is an invaluable resource for students and scholars across various fields, such as law, economics, politics, and environmental studies, who seek a deeper understanding and combating of the multifaceted issue of global plastic pollution. Furthermore, it serves as an essential reference for policymakers and decision-makers grappling with the complexities of environmental policy regulation.’ -- Dilara Özer, Politics TodayTable of ContentsContents: Introduction: global plastic and its regulation PART I THE PLASTIC POLLUTION PROBLEM, DEFINITIONS, SCOPE AND ALTERNATIVES 1. The plastic pollution problem, definitions, scope and alternatives PART II NATIONAL AND REGIONAL REGULATORY APPROACHES TO PLASTIC 2. Plastic regulation in the United States of America 3. Plastic regulation in the People’s Republic of China 4. Plastic regulation in Australia 5. Plastics regulation in the European Union PART III GLOBAL CONTEXT OF PLASTIC USAGE AND POLLUTION 6. Current international law and plastic 7. Crafting a global plastics treaty 8. Drafting/Developing the components of an effective global plastics treaty Conclusion: the current international response to the regulation of plastic Index
£115.00
Edward Elgar Publishing Ltd Including Consumption in Emissions Trading:
Book SynopsisThis timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030.Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments.This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.Trade Review'How can carbon pricing guide industry towards climate neutrality while avoiding carbon leakage risks? Manuel Haussner shows that including the consumption of basic materials into the Emission trading system offers a viable solution, which is now being discussed across Europe. The book analysis in detailed WTO and administrative feasibility and makes the case for a legal basis as part of the EU Emission Trading Directive. This well presented analysis is a must read for everyone that wants to understand the reality of policy instruments at the interface between trade and climate change.' -- Karsten Neuhoff, German Institute for Economic Research, Germany'This book is an essential read for everyone interested in the EU's carbon pricing policy. The book offers insight into the economic rationale and the design of a consumption charge on carbon-intensive materials. It also highlights the legal challenges surrounding the adoption of such a charge by the EU. This is an extremely relevant topic, which will remain high on the political agenda in the coming years, considering the Commission's Green Deal and its proposal for a carbon border adjustment mechanism.' -- Alice Pirlot, University of Oxford, UK'As the European Union has committed to becoming the first climate-neutral continent, carbon border adjustment measures have moved to the forefront of the political agenda. The questions of what form such measures should take and how to implement them require urgent answers. In his thoroughly researched book, Manuel Haussner draws on insights from both law and economics to develop an innovative approach offering feasible answers to both questions. This timely book should therefore be read by policymakers and practitioners alike.' -- Roland Ismer, Friedrich-Alexander-University Erlangen-Nuremberg, GermanyTable of ContentsContents: 1. Introduction PART I THE ECONOMIC CASE FOR A CONSUMPTION CHARGE, DESIGN ISSUES AND ECONOMIC IMPACT 2. The economic case for a consumption charge on carbon-intensive materials 3. Design issues for a consumption charge and economic impact PART II THE LEGAL BASIS AND DECISION-MAKING PROCEDURE FOR THE IMPLEMENTATION OF THE IOC CHARGE UNDER EU LAW 4. Incentivising consumption efficiency: a matter of environmental policy 5. Article 192(1) TFEU vs Article 192(2) TFEU PART III THE IOC CHARGE AND WORLD TRADE LAW 6. The compatibility of the IoC charge with world trade law PART IV PRACTICAL ADMINISTRATION OF THE IOC CHARGE 7. The administration of the IoC charge 8. Conclusion Bibliography Index
£94.00
Edward Elgar Publishing Ltd A Research Agenda for Human Rights and the
Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.Trade Review‘Organized around four themes – repositioning, reinventing, relocating, and rethinking human rights – Dina Lupin skillfully brings together a diverse array of essays by an impressive group of scholars to give the reader a flavor of this burgeoning area of international law, made even more significant by the UN General Assembly resolution recognizing a clean, healthy and sustainable environment as a human right and the worsening climate crisis. An important contribution to the scholarship on human rights and the environment.’ -- Sumudu Atapattu, University of Wisconsin Law School, USTable of ContentsContents: 1 Introduction: A Research Agenda for Human Rights and the Environment 1 Dina Lupin PART I REPOSITIONING MARGINALISED EPISTEMIC AND EXPERIENTIAL CONTRIBUTIONS 2 Towards a disability-inclusive environment and human health research agenda 13 Sarah L. Bell 3 Indigenous Peoples’ rights and the politics of climate change 31 Anna F. Laing 4 A critical peasants’ rights perspective for human rights and the environment: Leveraging the UN Declaration on the Rights of Peasants 55 Amanda Lyons and Ana María Suárez Franco PART II REINVENTING HUMAN RIGHTS TOOLS AND APPROACHES 5 Racial segregation, water disconnection and human rights litigation: An examination of the use of law to challenge structural racism in Detroit and Johannesburg 81 Jackie Dugard 6 The right to consultation is a right to be heard 103 Dina Lupin and Leo Townsend 7 Rethinking ‘vulnerability’: Widening the scope to conceptualize ‘vulnerability’ for the human right to water 123 Daphina Misiedjan PART III RELOCATING RIGHTS IN OVERLOOKED SPACES 8 Climate change and human rights in the overseas colonized territories of the state 143 Miriam Cullen and Céline Brassart Olsen 9 Human rights law as a gap-filler: The invisibility of climate vulnerability in international climate change law 159 Linnéa Nordlander PART IV RETHINKING HUMAN RIGHTS AND THE ENVIRONMENT 10 Indigenous knowledge and new materialism 181 Tina Sikka, Elizabeth Mills and Nisha Sikka 11 Decoloni-zation/ality of ‘protected areas’: A South African perspective 209 Clive Vinti 12 The human right to a healthy environment and the rights of racialized groups: Applying critical race theory as a framework for (re)constructing environmental rights through foundational transformation 231 Natalia Urzola Gutiérrez Index 253
£111.52
Edward Elgar Combating Deforestation
Book Synopsis
£110.00
Edward Elgar Publishing Ltd From Student Strikes to the Extinction Rebellion:
Book SynopsisAcross the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass ‘die-ins’ and ‘discobedience’ theatrics in public spaces.Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the ‘climate emergency’, and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice.This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.Trade Review’Extinction Rebellion, children’s climate strikes, Indigenous anti-pipeline protests and proliferating citizen science brigades have lent new urgency to the perennial question of the role of direct action and civil disobedience in struggles for environmental and racial justice. This timely, eclectic, interdisciplinary volume provides invaluable insight into the sources, goals, tactics, prospects and impacts of -- and often draconian governmental reactions to -- these exciting contemporary movements that employ non-violent mass mobilisation to spur action on ecological and social emergencies. It makes a landmark contribution to empirical and theoretical knowledge in this rapidly evolving field.’ -- Stepan Wood, Canada Research Chair in Law, Society & Sustainability, University of British Columbia, CanadaTable of ContentsVolume 11, Special Issue, 2020 Contents: Editorial Introduction Benjamin J. Richardson Articles Can climate activism deliver transformative change: Extinction Rebellion, business & people power Neil Gunningham Cultivating ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver Dana James and Trevor Mack Moral education in the face of orthodoxy – environmental crisis and dissent Francine Rochford Exploring legitimization strategies for contested uses of citizen-generated data for policy? Anna Berti Suman, Sven Schade and Yasuhito Abe Victim, litigant, activist, messiah: the child in a time of climate change Nicole Rogers A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations Corrie Grosse and Brigid Mark Pipelines in the time of Indigenous resurgence Tyler McCreary Interviews XR representatives Claire Burgess and Rupert Reed Green politicians Jonathan Bartley, Paul Manley and Chloe Swarbrick
£89.00
Edward Elgar Publishing Ltd The Structure of Regulation: Explaining Why
Book SynopsisThis timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses’ compliance with environmental regulation, in particular, could be improved.The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair.Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.Trade Review'The Structure of Regulation delivers a fresh look at regulation and compliance. While keeping one foot solidly planted in conventional accounts of regulation, it takes a substantial step forward by integrating a thoughtful perspective on firm decision-making with a rich conception of regulatory structure. After carefully setting the theoretical stage and mapping the trade-offs presented in crafting regulation that aims for compliance, the book offers a cogent minmax methodology for regulatory design. It is nuanced but clear; provocative yet balanced.' -- Timothy Malloy, UCLA School of Law, US‘A novel analysis of regulatory compliance is on offer in this book. It relates to firms and regulation in ways that might be expected but also in ways that are revealing. A fine contribution.’ -- John Braithwaite, Australia National UniversityTable of ContentsContents: 1. Introduction to The Structure of Regulation 2. Regulation 3. Regulation and rule following 4. Conditions of regulation 5. A revised view of regulation 6. Structural exclusion References Index
£78.00
Edward Elgar Publishing Ltd The Transformation of Environmental Law and
Book SynopsisThis cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation.Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.Trade Review‘Sindico, Switzer and Qin's prescient volume brings answers to some of the most crucial questions in law, and indeed, in society today. In a comprehensive analysis spanning topics from food and agriculture, to climate change and energy, it demonstrates the importance of understanding the connections between socio-ecological risk, legal innovation and ecological and societal resilience. It should have a place on the bookshelf of all legal scholars.’ -- Elizabeth Kirk, University of Lincoln, UK‘In the face of ongoing and emerging environmental pressures, the foundations of environmental law are rapidly changing, with new actors and new forms of regulation challenging existing preconceptions of how environmental law works. This book offers a timely look into the forces of risk, innovation and resilience underpinning and reflecting these changes. Sindico, Switzer and Qin have successfully brought together a diverse cast of established and early career scholars to shed new light on the dynamic evolution of environmental law.’ -- Harro van Asselt, University of Eastern Finland‘Never has environmental law been more paradoxical; the need for it so obvious whilst its impact seemingly less notable. Society is grappling not only with a wide range of challenges, across multiple sectors but how it confronts them is also changing. As the contributors to this book reveal, searching for answers and new ways of doing things is essential, whilst underlining the continual challenges of human folly. This collection opens up the conversation, revealing new insights and explores some of the ongoing problems.’ -- Duncan French, University of Lincoln, UKTable of ContentsContents: PART I INTRODUCTION 1 Risk, innovation and resilience: moving towards mutual supportiveness 2 Francesco Sindico, Stephanie Switzer and Qin Tianbao PART II INNOVATION 2 Fracking and environmental law for sustainability: an era of global ecological risks and the imperative of legal transformations 15 Patryck de Araújo Ayala and Mariana Carvalho Victor Coelho PART III RISK 3 Innovating societal response to radiation risk: insights from the Fukushima Safecast case 34 Anna Berti Suman 4 Drug pollution from manufacturing, antimicrobial resistance and the importation of pharmaceutical active ingredients from third countries. The European drug safety regime under scrutiny: key legal and institutional aspects, challenges and opportunities 51 Elodie Le Gal PART IV RESILIENCE 5 Evaluating community resilience in promoting ecological and social justice in groundwater governance: lessons from India 75 Stellina Jolly 6 Strengthening the role of traditional leaders for effective local community participation in environmental management in Malawi 93 Gift Dorothy Makanje PART V CLIMATE CHANGE 7 Integrating climate change into impact assessments: key design elements 112 Meinhard Doelle 8 ‘Innovation’ and the law in state reports on climate change action 130 He Xiangbai and Alexander Zahar 9 Climate change law and colonialism: the rights of nature and a hypothetical case for bison person in Canada 148 Laura S. Lynes PART VI ENERGY 10 Community renewable energy for sustainable development 168 Richard Ottinger, Tom Bourgeois, Robert Habermann and Achinthi Vithanage PART VII FRESHWATER 11 The construction of the Três Marias dam and the absence of public policies for the arrival of the waters in the municipality of Morada Nova de Minas in Brazil 190 Mônica Thaís Souza Ribeiro, Izabela Zanotelli Collares and Danuta R. N. de Souza Calazans PART VIII BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND LAND, FOOD AND AGRICULTURE 12 Blockchain technology for food security? Resilience potential and risk identification for the Multilateral System of the International Treaty on Plant Genetic Resources for Food and Agriculture 207 Thomas Gils and Christine Frison 13 Synthetic biology and international environmental law: time to move from definition to regulation 226 David Leary PART IX OCEANS 14 Climate proofing ocean governance: a journey through unchartered waters 245 Simone Borg PART X HUMAN RIGHTS 15 A new frontier in human rights law: the proposed third international covenant on the right of human beings to the environment 266 Michel Prieur and Mohamed Ali Mekouar PART XI LITIGATION 16 Resilience and access to climate justice 285 Morgan Eleanor Harris Index
£115.00
Edward Elgar Publishing Ltd Posthuman Legalities: New Materialism and Law
Book SynopsisHow might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law?This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative.Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.Table of ContentsContents: Posthuman legalities: New Materialism and law beyond the human Emille Boulot, Anna Grear, Joshua Sterlin and Iván Darío Vargas-Roncancio 1 Articles Re-forming property to address eco-social fragmentation and rift Margaret Davies 13 ‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature Matt Harvey and Steve Vanderheiden 38 Climate change, environmental justice and the unusual capacities of posthumans Nick J Fox and Pam Alldred 59 Posthuman international law and the rights of nature Emily Jones 76 Response-abilities of care in more-than-human worlds Marie-Catherine Petersmann 102 Alter-transitional justice; transforming unjust relations with the more-than-human Danielle Celermajer and Anne Therese O’Brien 125 The practice of multispecies relations in urban space and its potentialities for new legal imaginaries Teresa Dillon 148 Index
£79.00
Edward Elgar Publishing Ltd Human Rights and the Planet: The Future of
Book SynopsisAdopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.Trade Review‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’ -- David Boyd, UN Special Rapporteur on human rights and the environment‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’ -- Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’ -- Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’ -- Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’ -- Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South PacificTable of ContentsContents: Editorial Human Rights the Planet: the future of environmental human rights in the European Court of Human Rights Natalia Kobylarz and Evadne Grant 1 Articles Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6 Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review Natalia Kobylarz 16 Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system Jorge Calderón-Gamboa and Julie Diane Recinos 86 Does the European Convention on Human Rights guarantee a human right to clean and healthy air? Litigating at the nexus between human rights and the environment – the practitioners’ perspective Irmina Kotiuk, Adam Weiss and Ugo Taddei 122 The climate change dimension of human rights: due diligence and states’ positive obligations Christina Voigt 152 The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and ‘due diligence’ in climate change cases Monica Feria-Tinta 172 The Strasbourg Principles of International Environmental Human Rights Law – 2022 195
£96.69
Edward Elgar Publishing Ltd A Research Agenda for Water Law
Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation.Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water.Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Law will be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes.Trade Review‘Casado Pérez and Larson have created the single best resource for understanding the potential trajectories of water law in the 21st century. From climate change to water markets, from smart cities to legal personhood for rivers and many more topics, leading scholars from around the globe identify the key challenges to water management and paths forward. If you want to understand the breadth of cutting-edge water law topics, read this book.’ -- James Salzman, University of California, Los Angeles, US‘The authors and editorial team led by Professors Vanessa Casado Pérez and Rhett Larson have given readers an outstanding Research Agenda for water law. Based on the team’s wide-ranging expertise, leading colleagues have raised vexing questions to set a research agenda for the resource that is fundamental to life, water. This work has value for students, academics, and practitioners.’ -- Melissa K. Scanlan, Center for Water Policy, University of Wisconsin-Milwaukee, US‘The evolution of domestic and international water law—particularly in a rapidly changing climate—demands universal attention. This astute group of scholars anticipates and dissects most of the key issues requiring water law adaptation in the coming decades. An important guide for water law and policy experts everywhere.’ -- Robert W. Adler, University of Utah, USTable of ContentsContents: 1 Introduction to A Research Agenda for Water Law 1 Vanessa Casado Pérez and Rhett Larson 2 “Giant Steps”: How Technology is Shaping International Water Law 9 Makane Moïse Mbengue and Elena Cima 3 Ensuring Water Security in Brahmaputra Basin: Shift from Conflict to Cooperation 33 Abhishek Chakravarty 4 The Grand Ethiopian Renaissance Dam and Water Law in Africa 59 John Mukum Mbaku 5 Regulatory Journey towards Biological Indicators in Assessing Water Quality 89 Aleksandra Čavoški and Robert Lee 6 Repairing our relationship with rivers: water law and legal personhood 113 Erin O’Donnell 7 The Concept of Water for Indigenous People in Ecuador – How it is Regulated in the Water Law Regime 139 Andrés Martínez-Moscoso and Israel Castro-Enríquez 8 International Water Law and Climate Change 157 Mara Tignino and Tadesse Kebebew 9 Water Law and Municipal Water 185 Alberto Quintavalla 10 Remembering the Ocean in Water Law 205 Robin Kundis Craig 11 Water Markets Agonistes 237 Barton H. Thompson, Jr Conclusions: a research agenda for the water law of the future 267 Vanessa Casado Pérez and Rhett Larson Index 273
£100.00
Edward Elgar Publishing Ltd Law in the EU's Circular Energy System: Biofuel,
Book SynopsisAdopting a holistic and multidisciplinary approach, this expertly crafted book comprehensively maps out the complex multi-jurisdictional legal landscape pertaining to the EU’s circular energy system. Offering in-depth critical analysis, it identifies several areas of law and policy that require further scholarly inquiry to ensure the creation of an effective policy framework which can facilitate the move from a linear to a circular energy system.In three thematic sections, the expert contributors first examine the interactions between EU law and policy for waste, agriculture, food and forestry. Focus is then drawn to how, when, and by whom the energy sources created from biowaste can become part of the EU’s energy mix. A range of legal instruments that impact the financing of the circular energy system through taxation, EU financing, and state aid are also considered. The book concludes by reflecting on inefficiencies and ineffectiveness caused by these interactions of legal and policy areas related to the circular energy system.This insightful and progressive book will be of great interest to practitioners and policymakers looking to better understand the legal complexities of implementing a circular energy system. It will also prove an essential read for scholars and students interested in environmental law, energy law, European law, and affordable and clean energy studies.Trade Review‘This excellent edited collection makes an important contribution to legal scholarship on making energy supplies sustainable. Its exploration of relationships between the waste, agriculture, food and forestry sectors and the energy sector, of their respective regulatory frameworks, and of related policy and legal contexts shines a light on key interactions for achieving circular economies in the EU and elsewhere. Coverage of legal issues raised by the integration of biofuels and biogases into energy systems and concerning the decarbonisation of heating and transport is also most welcome. The volume's examination of these hitherto underexplored areas will prove useful for scholars both in the EU and also in other jurisdictions who are looking to learn from the EU's experience with developing laws for managing waste streams and exploiting their energy-producing potential. The editors are to be commended for assembling this valuable volume.’ -- Olivia Woolley, Durham University Law School, UK‘This is an impressive book detailing a range of contemporary problems and potential solutions from a cross-sectoral perspective in the paradigm shift from a linear to a circular energy system. By adopting an energy systems perspective, this edited collection provides a much-needed contribution analysing the complex legal and regulatory environment for biofuels and gases in the European Union and their interrelationship.’ -- Sirja-Leena Penttinen, Energy Authority, and UEF Law School, Finland‘Lucila de Almeida and Josephine van Zeben have assembled a top-notch roster of experts to consider EU policies regarding the circular energy system. The result is not just an essential guide to this emerging field, but also a nuanced account of law's role in effecting systemic reform.’ -- Bruce Huber, University of Notre Dame, USTable of ContentsContents: 1 The EU’s circular energy system and the Green Deal 1 Lucila de Almeida and Josephine van Zeben PART I FROM WASTE TO BIOFUELS AND BIOGAS 2 Waste in the circular energy system 17 Geert van Calster 3 Agricultural waste to biofuel and biogas: law and policy 28 Mirta Alessandrini, Edwin Alblas, and Lin Batten 4 Food waste to biogas and biofuel: law and policy 49 Madhura Rao, Aalt Bast, and Alie de Boer 5 Forestry waste to biofuel and biogas: law and policy 70 Elisa Cavallin PART II THE USE OF BIOFUEL AND BIOGAS IN THE CIRCULAR ENERGY SYSTEM 6 From gas to biogas from biowaste: heating, power generation, and cogeneration 103 Maciej M Sokołowski 7 Sustainable biofuels and gaseous biomass fuels from biowaste in the EU transport sector 129 Piero Carlo dos Reis, Phillip Lugmayr, and Benjamin Gomado 8 Methane emission in a circular economy 160 Maria Olczak and Andris Piebalgs PART III CROSS-SECTORAL ISSUES 9 The Energy Tax Directive reform 182 Álvaro Antón Antón 10 EU law and policy shaping supranational and national investment in biofuel and biogas transition 205 Agnieszka Smoleńska 11 Energy State aid 226 Allard Knook 12 Renewable support schemes and Guarantees of Origin applied to renewable energy regulation 239 Alberto Pototschnig and Ilaria Conti 13 The (in)coherence–(in)effectiveness nexus of the EU’s circular energy system 261 Lucila de Almeida and Josephine van Zeben Index 269
£110.00
Edward Elgar Publishing Ltd Advanced Introduction to International Water Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas.This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources.Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.Trade Review‘Owen McIntyre's book provides a detailed analysis of the evolution of international water law over the past decades, illuminating the complexities surrounding the management and protection of water resources. It represents a valuable guide for academics and practitioners interested in international water law and the sustainable governance of shared natural resources.’ -- Mara Tignino, University of Geneva, Switzerland‘By providing an artful and comprehensive introduction to an area of international law that is only likely to become more critical in the years to come, Advanced Introduction to International Water Law is a valuable contribution. Professor Owen McIntyre, a leading authority in this area, is to be commended for providing such an accessible account of this fast-evolving area of international law.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘In his typical eloquent style Professor McIntyre provides an accessible introduction to international water law. The book presents the latest trends in this field and explores the important questions of equity, fragmentation and convergence. For anyone interested in international water law and how it fits into the broader development context and contributes to the achievement of the Sustainable Development Goals, this is the book to read.’ -- Christina Leb, The World Bank
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to International Water Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas.This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources.Key Features: Summarises established practices in the field of transboundary water cooperation Deftly explores the evolving objectives of international water law and the key drivers affecting these changes Highlights procedural engagement and institutional cooperation as an integral requirement of international water law Examines the necessity of related fields of international law when managing shared international water resources This authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.Trade Review‘Owen McIntyre's book provides a detailed analysis of the evolution of international water law over the past decades, illuminating the complexities surrounding the management and protection of water resources. It represents a valuable guide for academics and practitioners interested in international water law and the sustainable governance of shared natural resources.’ -- Mara Tignino, University of Geneva, Switzerland‘By providing an artful and comprehensive introduction to an area of international law that is only likely to become more critical in the years to come, Advanced Introduction to International Water Law is a valuable contribution. Professor Owen McIntyre, a leading authority in this area, is to be commended for providing such an accessible account of this fast-evolving area of international law.’ -- Alistair Rieu-Clarke, Northumbria University, UK‘In his typical eloquent style Professor McIntyre provides an accessible introduction to international water law. The book presents the latest trends in this field and explores the important questions of equity, fragmentation and convergence. For anyone interested in international water law and how it fits into the broader development context and contributes to the achievement of the Sustainable Development Goals, this is the book to read.’ -- Christina Leb, The World Bank
£22.95
Edward Elgar Publishing Ltd Ocean Carbon Dioxide Removal for Climate
Book SynopsisExamining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise.This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment.This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.Table of ContentsContents: 1 Introduction 1 Romany M. Webb PART I OCEAN CDR PRIMER 2 The role of ocean CDR in mitigating climate change 12 Michael B. Gerrard 3 Ocean CDR approaches 20 Romany M. Webb and Korey Silverman-Roati PART II THE INTERNATIONAL LEGAL FRAMEWORK FOR OCEAN CDR 4 Jurisdiction over the oceans 41 Romany M. Webb 5 International laws governing ocean CDR 47 Romany M. Webb, Korey Silverman-Roati and Michael B. Gerrard PART III DOMESTIC LAWS GOVERNING OCEAN CDR 6 Canada 86 David L. VanderZwaag, Kevin P. Berk, and Sara L. Seck 7 China 131 Keyuan Zou and Lei Zhang 8 Germany 164 Alexander Proelss and Robert C. Steenkamp 9 The Netherlands 196 Panos Merkouris, Frans Nelissen, and Medes Malaihollo 10 Norway 227 Catherine Banet 11 United Kingdom 255 Catherine Redgwell 12 United States 278 Romany M. Webb, Korey Silverman-Roati, and Michael B. Gerrard 13 Conclusion 310 Korey Silverman-Roati and Romany M. Webb Index
£120.00
Edward Elgar Publishing Ltd The Impact of Environmental Law: Stories of the
Book SynopsisThis cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-AlbinTrade Review'This uplifting compilation of environmental law success stories from all over the world offers hope, guidance, and inspiration - a welcome antidote to the paralyzing despair that pervades so many conversations about our increasingly damaged planet.' --Carmen G. Gonzalez, Seattle University School of Law, USTable of ContentsContents: List of contributors vi Foreword: Changing the Story by Antonio Oposa, Jr. viii Acknowledgements x 1 Introduction: the need to rethink environmental laws 1 Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin 2 Getting the lead out: the phase-out of gasoline lead additives – a global environmental success story 8 Robert V. Percival 3 Caring for our oceans and their biodiversity 30 Trevor Daya-Winterbottom 4 The Charter of the Forest: evolving human rights in nature 54 Nicholas A. Robinson 5 Implementation of obligations for wetland and waterfowl conservation under the Ramsar Convention: lessons and options at the Sakumo Lagoon, Ghana 75 David Estrin, Freedom-Kai Phillips and Theodore Nsoe Adimazoya 6 Ecosystem-based approaches to climate change adaptation and disaster risk reduction in law and policy: prospects for transformative flood risk management in Australia 100 Anita Foerster 7 Public housing in Singapore: a success story in sustainable development 128 Lye Lin-Heng 8 A perfect storm: how China’s Taizhou case marks the beginning of a new era of environmental enforcement 154 Amy Pickering and Yanmei Lin Index 174
£36.05
Edward Elgar Publishing Ltd Promoting Renewable Energy: The Mutual
Book SynopsisThis incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives.Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.Trade Review‘Alessandro Monti’s Promoting Renewable Energy takes us to the center of the battle to address climate change – the policy push to establish a renewable energy economy. With deep insight and careful analysis of how international trade law intersects with the global climate change regime, Professor Monti lays out a principle of “mutual supportiveness” that might reduce trade disputes related to clean energy and pave the way for success in achieving net-zero greenhouse gas emissions by 2050. Essential reading for trade and climate change policymakers, lawyers, scholars, and all those who care about a sustainable future.’ -- Dan Esty, Yale University, US‘The transition to net zero requires action from all sorts of international institutions, including international trade law. Alessandro Monti’s timely account of trade law’s role in promoting renewable energy offers a rich analysis of the extent to which climate and trade rules can be considered mutually supportive, and offers clear suggestions for reform.’ -- Harro van Asselt, University of Eastern Finland Law School, FinlandTable of ContentsContents: 1. Introduction to Promoting Renewable Energy: The Mutual Supportiveness of Climate and Trade Law 2. Regime interaction and the emerging principle of mutual supportiveness 3. International climate and trade law: mapping the regimes 4. The promotion of renewable energy in climate and trade law 5. International trade disputes on discriminatory renewable energy subsidies 6. International trade disputes on unilateral trade remedies 7. Enhancing mutual supportiveness in international trade agreements: opportunities and challenges 8. Conclusions References. Index
£106.58
Edward Elgar Publishing Ltd Urban Climate Resilience: The Role of Law
Book SynopsisThis significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures.A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect.Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.Trade Review‘Urban form, function and governance must urgently adapt in and for a new normal where disasters, crises and other socio-economic stressors are no longer temporary states of exception. Through its rich engagement with how laws that underlie, structure and enable resilient urban life are made, implemented and lived within an array of cities over the world, this volume constitutes an integral theoretical building block of urban adaptation and resilience.’ -- Marius Pieterse, University of the Witwatersrand, South AfricaTable of ContentsContents: Foreword by Gianluca Crispi xiv 1 Introduction to climate resilient cities and the law 1 Angela van der Berg and Jonathan Verschuuren 2 The role of international law in enhancing urban climate resilience 20 Esmé Shirlow 3 Legislating for urban climate resilience: the case of Amsterdam 44 Sol Maria Halleck Vega and Josephine van Zeben 4 Indian cities’ climate resilience: what role for transnational environmental law? 70 Tuula Honkonen 5 Enabling urban climate action in Accra, Ghana: policy pathways and advances toward urban climate resilience 104 Michael Addaney 6 Resilience justice and adaptive law in European cities 124 Craig Anthony (Tony) Arnold and Tiago de Melo Cartaxo 7 Room available: an overview of the literature on urban private property adaptation law 150 Joris van Laarhoven 8 Strategic adaptation to climate change: a legal comparative study of Lyon and Montréal with a focus on urban heat islands 191 Emma Novel 9 Advancing climate resilience in US cities through green infrastructure by leveraging their dual roles as regulator and regulated under the US Clean Water Act 221 Robert Weinstock 10 The climate change mitigation and adaptation imperative in South Africa’s Spatial Planning and Land Use Management Act, 2013 (SPLUMA) 253 Jeannie van Wyk and Mark Oranje 11 Good governance and flood management in Jakarta 277 Natalia Yeti Puspita 12 Racing to defeat climate change on reluctant roads: autonomous vehicles, urban climate resilience, and legal reform 306 Tracy Hresko Pearl 13 Shared mobility towards urban climate resilience in the city of Johannesburg 326 Angela van der Berg and Anél du Plessis 14 Urban warfare: expanding legal approaches to urban climate policy in the United States 359 M Alexander Pearl Index
£130.00
Edward Elgar Publishing Ltd Non-doctrinal Research Methods in Environmental
Book SynopsisThis timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of lawand policy, leading to more effective legal protection for the environment.Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental lawresearchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods. Non-doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers. Table of ContentsContents: 1 Introduction: Non-doctrinal Research Methods in Environmental Law 1 Paul Martin 2 Non-doctrinal legal research to advance urban sustainability in the southern African context 20 Anél du Plessis 3 Objective evaluation of environmental law 38 Paul Martin and Solange Teles da Silva 4 Futures methods for environmental law research 57 Natalie P. Stoianoff, Paul Martin and Michelle Lim 5 Economics methods in non-doctrinal environmental law research 82 Michael Faure 6 Feminist methods in environmental law research 97 Solange Teles da Silva, Marcia Leuzinger and Patrícia Bertolin 7 The limits of social science research in environmental law analysis 113 Colin Crawford 8 Using adaptive theory and multi-modal case study methods in environmental law research 130 Cameron Holley, Amanda Kennedy, Alice Bleby and Carley Bartlett 9 Systems methods in non-doctrinal environmental law research 154 Paul Martin and J. B. Ruhl 10 Legislative argumentation: Study of the Federal Executive Power Decrees combating deforestation of the Amazon Rainforest from 2019 to 2020 176 Mariana Barbosa Cirne and Lorene Souza 11 Sustaining ongoing environmental law research teams and programs 200 Paul Martin and Andrew Lawson 12 Bibliometric approaches in non-doctrinal research 219 Maria Luiza A Luz, Andrew Lawson and Paul Martin 13 Non-doctrinal methods: Fundamental challenges and possible directions 234 Paul Martin, Andrew Lawson, Solange Teles da Silva, Marcia Leuzinger and Miriam Verbeek Index
£105.00
Edward Elgar Publishing Ltd Feminist Frontiers in Climate Justice: Gender
Book SynopsisFeminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all.This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women’s mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.Trade Review‘Hearty congratulations to the authors of Feminist Frontiers in Climate Justice for exposing the gender discriminatory dimensions of climate injustices. The best way to honor this book is to read it and ask how we can bring feminist perspectives to the development of mitigation and adaptation strategies necessary to achieve climate justice.’ -- Rebecca Cook, University of Toronto, CanadaTable of ContentsContents: Introduction – Feminist Frontiers in Climate Justice: Rights, climate change and gender equality 1 Cathi Albertyn, Helena Alviar García, Meghan Campbell, Sandra Fredman and Marta Rodriguez de Assis Machado 1 The inequality of climate change and the difference it makes 17 Shreya Atrey 2 A critical evaluation of inter-generational equity and its application in the climate change context 40 Kate Wilkinson Cross 3 A feminist critique on gender based violence in a changing climate: Seeing, listening and responding 68 Rowena Maguire 4 A greener CEDAW: Adopting a women’s substantive equality approach to climate change 90 Meghan Campbell 5 The world of work: A green and feminist future? 116 Sandra Fredman 6 Radical connectedness: Reproductive rights, climate justice and gender equality 138 Cathi Albertyn 7 Gender equality and climate change in plural legal contexts: A critical analysis of Kenya’s law and policy framework 165 Patricia Kameri-Mbote and Nkatha Kabira 8 Climate change and gender in Colombia: Exploring female led struggle in the flower industry 188 Helena Alviar García and María Carolina Olarte-Olarte 9 The value of litigation to women environmental human rights defenders in South Africa 213 Lisa Chamberlain 10 ‘Grass in the cracks’: Gender, social reproduction and climate justice in the Xolobeni struggle 246 Beth Goldblatt and Shireen Hassim 11 Indigenous women against Bolsonaro’s government in Brazil: Resisting right-wing authoritarianism and demanding climate justice 268 Marta Machado, Denise Vitale and Danielle Rached Index
£115.00
Edward Elgar Publishing Ltd Research Handbook on Polar Law
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
£46.50
Edward Elgar Publishing Ltd Defining Disaster: Disciplines and Domains
Book SynopsisThis timely book unpacks the idea of ‘disaster’ from a variety of approaches, broadening understanding and improving the usability of this complex and often contested concept. Including multidisciplinary perspectives from leading and emerging scholars, it offers reflections on how the concept of disaster has been shaped by and within various fields of research, providing complementary and thought-provoking comparisons across many domains.Functioning as an important point of reference between and across disciplines, chapters explore the forces and building blocks of disaster and how these are interpreted, providing opportunities for dialogue between multiple points of view. The book concludes with a broader, integrated discussion of the aspects of disaster research covered, putting forward suggestions for further cooperation between disciplines and a future research agenda.Defining Disaster will be a fascinating read for disaster researchers in disciplines including law, sociology, and social and public policy who wish to improve their understanding of how their work maps onto the wider field. It will also be beneficial for policy makers and practitioners in this area looking for a rounded view of contemporary cross-disciplinary research on the subject.Trade Review‘Bringing together anthropology, geography, social work, and law, among other disciplines, this new edited book from Aronsson-Storrier and Dahlberg tackles a critical issue in an era of climate change, extreme weather events, and man-made shocks: how to define a disaster. Rather than providing easy answers, each chapter contributes a different perspective on this topic, some universal, and others quite specific. This book would serve as an ideal discussion piece for undergraduates and graduate students alike.’ -- Daniel P. Aldrich, Northeastern University, USTable of ContentsContents: Preface xv 1 On disaster: disciplines, domains and definitions 1 Marie Aronsson-Storrier and Rasmus Dahlberg 2 Prologue: the sociology of disaster – a US perspective on the transformational conceptualization embedded in a discipline 9 Tricia Wachtendorf PART I DISCIPLINES 3 Disaster anthropology: vulnerability, process and meaning 30 Kristoffer Albris 4 Keep the curtains drawn! Event, process and disaster in international law 45 Marie Aronsson-Storrier 5 Positioning social work in relation to disasters: a social notion running along a continuum 58 Carin Björngren Cuadra 6 Defining the role of public health in disasters and emergency management 72 Kevin Blanchard 7 Disaster in engineering and earthquake science 90 Sólveig Thorvaldsdóttir 8 Defining disaster in volcanology 107 Jazmin P. Scarlett, Ailsa Naismith and Ashleigh Rushton PART II DOMAINS 9 Whose views matter? Navigating insiders’ and outsiders’ understanding of disasters 123 Loïc Le Dé and J.C. Gaillard 10 Drought, famine and disasters 140 Olivier Rubin 11 Defining disasters through international space governance 157 Nathan Clark 12 Disaster definitions from an Arctic perspective 176 Natalia Andreassen and Rebecca Pincus 13 Disaster movies: definitions, filmography and three analyses 194 Rasmus Dahlberg and Uta Reichardt 14 Systemic disasters: considering the whole and not constituent parts 212 Livhuwani Nemakonde 15 Epilogue: what are disasters not? 228 Ilan Kelman Index
£104.00
Edward Elgar Publishing Ltd The Future of Animal Law
Book SynopsisThis unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a ‘right of place‘ is proposed and developed.The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.Trade Review‘This impressive book brings together and adds to the unique, creative, and thoughtful legal possibilities David Favre has posited for achieving meaningful improvements in the lives of animals. Built on a carefully argued ethical framework and focussing on companion animals - especially dogs - as a means of emotional and political engagement - Favre addresses a significant gap in much animal law scholarship. He is able to shift from a diagnosis of shortcomings in the law affecting animals to a rich account of a host of legal reforms - both modest and significant - which might be pursued. The book is highly readable, clear-sighted, and ultimately optimistic about the prospects of legal change for the betterment of the animals with which we share our lives and the planet.‘Table of ContentsContents: 1. Introduction to The Future of Animal Law : it’s a dog’s world 2. The arc of history: anti-cruelty, animal welfare, and animal rights 3. The modification of property law 4. The ethical framework for legal rights 5. Green shoots in law for companion animals 6. Animals in international law 7. Sovereign power and constitutional law in developing animal law 8. New legislation for the animals 9. Animal action in the courts 10. Private actions concerning ownership of animals 11. Final thoughts on the future of animal law Index
£88.00
Edward Elgar Publishing Ltd Climate Change Law: An Introduction
Book SynopsisThis timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation.Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.Trade Review‘In their introduction, the authors state that “[h]elping individuals [ ... ] to develop climate change law literacy is the raison d'être of this book,” a goal they accomplish admirably. This relatively slim reader opens doors to deeper discovery and inquiry by providing a solid foundation and understanding of the extremely complex sets of legal, political, and economic dynamics involved in any effort to address the transnational and existential problems associated with an anthropogenically warming planet. Climate Change Law: An Introduction would make a great choice for a textbook for a climate change or environmental law seminar, and would also serve as a compact but highly informative resource for practitioners, policymakers, students, and others who wish to obtain a thorough grounding in the current state of climate change laws and policies.’BR> -- Jennifer E. Sekula, International Journal of Legal Information‘It is a challenge to write a textbook on climate change law because the field changes so rapidly. These authors have masterfully pulled together principles that serve as the backbone of the field while integrating recent case law and international agreements. The authors present foundational elements of mitigation, adaptation, energy, and human rights, and then help us recall the importance of private actors and the ethical challenges lawyers must face in this changing world.’ -- Jessica Owley, University of Miami School of Law, US‘This book could not be more timely – it is a comprehensive yet concise and accessible analysis of the multifaceted and complex area of climate change law. It is a rare combination of an analysis of international and U.S. law, mitigation and adaptation, state and non-state responsibilities, climate litigation, human rights, as well as individual, ethical considerations, demonstrating, in all of these areas, where the law stands today, as well as providing a glimpse as to where it is likely to evolve. A fantastic resource on climate change law!’ -- Lisa Benjamin, Lewis & Clark Law School, US‘Both lawyers and non-lawyers often ask me what to read for a concise introduction to the U.S. and international laws that are relevant to climate change. Now I have something to enthusiastically recommend. This book is a terrific primer on a complex and rapidly evolving area of law. It shows how courts, legislatures, and executives are addressing (or not) one of humanity's greatest challenges. Even experts will find it a useful refresher.’ -- Michael B. Gerrard, Columbia Law School, USTable of ContentsContents: Introduction to Climate Change Law 1. International Climate Change Treaty Regime 2. Climate Law Primer: Mitigation Approaches 3. Introduction to Energy Law 4. Adaption to Climate Change at the Subnational Level 5. Litigating Government (In)Action on Climate Change 6. Human Rights and Climate Change 7. Legal and Policy Levers to Prompt Action by Private Climate Change Actors 8. Introduction: Why the Individual Ethics of Greenhouse Gas Emissions Matters to Climate Law Index
£90.00
Edward Elgar Publishing Ltd The Lens of Ecological Law: A Look at Mining
Book SynopsisContaining an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.Trade Review'Carla Sbert's book, The Lens of Ecological Law, is a foundational text for the emerging field of ecological law and governance. Not only is it the first book to offer an expansive overview and analysis of the principles of ecological law, but it applies those principles to one of the most pertinent industries to existing environmental law - the extractive industry. This book is crucial reading for academics and practitioners that seek to address the systemic and institutional flaws of existing environmental law, and their search towards a more responsive, sustainable, and just system of governance that better protects our interconnected, interdependent world.' --Kathryn Gwiazdon, Center for Environmental Ethics and Law, US'''Ecological law'' reframes ''environmental law'' and this book shows its theoretical and practical superiority. Through the lens of ecological law, we can clearly see why traditional environmental laws have failed and how domestic and international law must be advanced to protect and restore the integrity of ecological systems, for example, in the context of mining. The book is an impressive testimony to the fact that a just, sustainable society is possible and, crucially, how it can be achieved.' --Klaus Bosselmann, University of Auckland, New ZealandTable of ContentsContents: 1. Introduction: How Far to Ecological Law? A Look at Mining through the Lens of Ecological Law Part 1 – The Emerging Theory of Ecological Law 2. Underpinnings of Ecological Law 3. Converging Proposals for a New Approach: Selected Foundational Scholarship on Ecological Law 4. Defining Ecological Law 5. The Ecological Law Paradigm Shift 6. Ecological Law and Indigenous Legal Traditions 7. Ecological Law and Green Legal Theory Part II – The Lens of Ecological Law 8. What Qualifies as a Principle of Ecological Law for Purposes of the Lens of Ecological Law? 9. The Lens of Ecological Law: Three Core Principles Part III – Mining Case Studies through the Lens of Ecological Law 10. Introduction to Case Studies 11. El Salvador’s Metal Mining Ban through the Lens of Ecological Law 12. Mining in Canada’s Ring of Fire through the Lens of Ecological Law 13. Mining, Rights of Nature and Suma Qamaña/Vivir Bien in Bolivia through the Lens of Ecological Law 14. Conclusion Index
£94.00
Edward Elgar Publishing Ltd Natural Capital, Agriculture and the Law
Book SynopsisThrough an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital.Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.Trade Review‘Using Australia as the primary case study, Natural Capital, Agriculture and the Law provides what is unquestionably the most complete and up-to-date assessment of the role law can play to advance the use of natural capital and ecosystem services economics and ecology in a wide array of policy domains, from market-based instruments to regulation to international trade and environmental law. It is indispensable reading not only for those new to the concepts of natural capital and ecosystem services, but also to those who have followed these themes closely since their appearance on the environmental policy stage 25 years ago.’ -- J.B. Ruhl, Vanderbilt University Law School, US‘This book is essential reading for developing effective and feasible approaches to natural capital governance. Property rights regimes and legal frameworks need to co-evolve to better support participatory valuation and conservation of natural capital stocks as common assets. The sustainable well-being of humanity and the rest of nature depends on it.’ -- Robert Costanza, University College London, UKTable of ContentsContents: PART I EXISTING CHALLENGES 1. Introduction: natural capital and the role of law 2. Negotiating existing property rights regimes 3. Digital technologies, decision-making and data governance PART II REGULATORY INSTRUMENTS 4. Market-based instruments, ecosystem services and natural capital 5. Natural capital governance through regulation PART III THE GLOBAL CONTEXT 6. International trade rules and values to support natural capital 7. Recognising natural capital through international environmental law 8. The law and future pathways for natural capital Index
£94.00
Edward Elgar Publishing Ltd The Impact of Environmental Law: Stories of the
Book SynopsisThis cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-AlbinTrade Review'This uplifting compilation of environmental law success stories from all over the world offers hope, guidance, and inspiration - a welcome antidote to the paralyzing despair that pervades so many conversations about our increasingly damaged planet.' --Carmen G. Gonzalez, Seattle University School of Law, USTable of ContentsContents: List of contributors vi Foreword: Changing the Story by Antonio Oposa, Jr. viii Acknowledgements x 1 Introduction: the need to rethink environmental laws 1 Rose-Liza Eisma-Osorio, Elizabeth A. Kirk and Jessica Steinberg Albin 2 Getting the lead out: the phase-out of gasoline lead additives – a global environmental success story 8 Robert V. Percival 3 Caring for our oceans and their biodiversity 30 Trevor Daya-Winterbottom 4 The Charter of the Forest: evolving human rights in nature 54 Nicholas A. Robinson 5 Implementation of obligations for wetland and waterfowl conservation under the Ramsar Convention: lessons and options at the Sakumo Lagoon, Ghana 75 David Estrin, Freedom-Kai Phillips and Theodore Nsoe Adimazoya 6 Ecosystem-based approaches to climate change adaptation and disaster risk reduction in law and policy: prospects for transformative flood risk management in Australia 100 Anita Foerster 7 Public housing in Singapore: a success story in sustainable development 128 Lye Lin-Heng 8 A perfect storm: how China’s Taizhou case marks the beginning of a new era of environmental enforcement 154 Amy Pickering and Yanmei Lin Index 174
£89.00
Edward Elgar Publishing Ltd Environmental Norms in Maritime Law
Book SynopsisThis timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact.Scholars and students of maritime and environmental law will find this book’s analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping.Trade Review‘Michael Tsimplis has written a carefully calibrated book that will appeal to a wide range of audiences, all of whom can engage with this study at different levels. He has assembled the many relevant and related materials astutely to produce a comprehensive yet balanced treatment of the conjunction between environmental norms and the main elements of maritime law. Tsimplis has provided a great service to all of us who work in related legal areas and cognate disciplines. This major effort is a true success and fully deserves to be commended to all legal academics and practitioners interested to know how environmental norms are being integrated within other fields of law across the entire discipline.’ -- David M. Ong, The IUCN AEL (Academy of Environmental Law) Journal of Environmental Law‘This is an important book, which deals with a key question of our time – whether the norms designed to ensure environmental protection and environmental sustainability of maritime transport are fit for purpose. To answer this question, the author draws on his unique multidisciplinary background and insights as both a Professor of Maritime Law and renowned Oceanographer, who understands the marine environment and its interactions with shipping better than most. [...] The book is highly recommended for anyone with an interest in maritime law and the environment and makes a genuine contribution to the field.’ -- Regina Asariotis, United Nations Conference on Trade and Development (UNCTAD), Geneva, SwitzerlandTable of ContentsContents: Preface 1. Introduction to Environmental Norms in Maritime Law 2. The environmental impacts of shipping 3. The governance of international shipping 4. On environmental and maritime norms and principles 5. Environmental norms in the negotiations at the International Maritime Organization 6. Environmental norms in maritime conventions 7. Implementation and enforcement of environmental regulations 8. Environmental norms in maritime contracts 9. Enforcement of environmental claims 10. Limitation of liability for environmental claims 11. Governance for sustainable development Index
£109.00
Edward Elgar Publishing Ltd Research Handbook on Fundamental Concepts of
Book SynopsisThis expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.Perceptive contributions examine the emerging roles played by a range of concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.Table of ContentsContents: PART I INTRODUCTION 1 The jurisprudential structure of environmental law 2 Douglas Fisher 2 A normative approach to environmental governance: sustainability at the apex of environmental law 23 Klaus Bosselmann 3 From protection to restoration: a challenge for environmental governance 45 Afshin Akhtar-Khavari and Anastasia Telesetsky 4 Transnational environmental law: the birth of a contemporary analytical perspective 71 Caiphas B. Soyapi and Louis Kotzé 5 Economic approaches to environmental governance: a principled analysis 94 Michael Faure 6 Human rights and the environment: a tale of ambivalence and hope 123 Anna Grear 7 A constitutional human right to a healthy environment 141 Nicholas Bryner 8 Rights of nature: a critique 164 Peter Burdon and Claire Williams PART II THE DEVELOPING INTERNATIONAL LAW REGIME 9 The development of international environmental law by the International Court of Justice 184 Tim Stephens 10 The relative normativity of international environmental law 205 Niko Soininen and Seita Romppanen 11 The principle of sustainable development as a legal norm 228 Jonathan Verschuuren 12 The concept of the common heritage of mankind 252 Prue Taylor PART III CONCEPTUAL APPROACHES TO THE ACHIEVEMENT OF ENVIRONMENTAL GOALS 13 Environmental policy integration: the importance of balance and trade-offs 277 Jørgen K. Knudsen and William M. Lafferty 14 The role played by policy objectives in environmental law 301 Chris McGrath 15 The functions of rights of property in environmental law 318 David Grinlinton 16 Environmental impact assessment: ‘setting the law ablaze’ 339 Elizabeth Fisher 17 The precautionary principle in environmental governance 361 Annecoos Wiersema 18 The status of environmental principles in environmental law 381 Eloise Scotford 19 The conceptual foundations of climate change law 406 Benoit Mayer 20 The judicial development of ecologically sustainable development 427 Brian J. Preston Index
£224.00
Edward Elgar Publishing Ltd Effective Global Carbon Markets: Networked
Book SynopsisAs numerous jurisdictions implement emissions mitigation mechanisms that put a price on carbon, this incisive book explores the emerging emissions markets and their diverse and fragmented nature. It proposes an innovative model for connecting such markets, offering a significantly more successful and expeditious achievement of climate policy objectives. Justin D. Macinante proposes distributed ledger technology to foster fluid markets that price carbon emissions more effectively, achieve greater scale and efficiency, and are less susceptible to manipulation. He investigates the applicable regulatory frameworks, technology design issues and governance structures for the model proposed for networking emissions trading schemes within the context of the Paris Agreement. Providing a plausible and viable mechanism to achieve desired policy outcomes with economic, political and environmental benefits, Effective Global Carbon Markets will be a key resource for practitioners, policy makers and consultants alike, as well as being of value to scholars and students engaged with environmental and energy law, climate change and environmental economics.Trade Review'This is a ground-breaking book. It offers a wonderful combination of cutting-edge research with practical engagement on a profound question in climate change policy: how in reality to foster international carbon pricing. It starts from the right premise, of inevitably different systems emerging from governments around the world - and shows how modern information technology could be applied to solve the practical and political conundrum of how they could then be linked.' --Michael Grubb, University College London, UK'Blockchain has become a buzzword of late, including in the realm of climate policy. Its appeal stems as much from a vague promise to revolutionize complex processes as from the fact that it is often barely understood. Not so in this new book by Justin Macinante: as one of the very few experts who combine practical experience in carbon trading with critical analysis of distributed ledger technology, he offers a bold vision for the future of market-based climate cooperation that is backed up by unparalleled technical detail. A pioneering treatise that will set the standard for all future work on the topic.' --Michael Mehling, Massachusetts Institute of Technology, US'Carbon markets, where properly designed and adopted, have proved an effective mechanism to address climate change. However, with the exception of certain mechanisms under the Kyoto Protocol, their implementation has tended to be largely fragmented. Macinante provides an effective pathway for linking global carbon markets, reminding us that ultimately such markets, and their role in addressing climate change, should be seen as a central part of our global financial system.' --Martijn Wilder, Founding Partner, Pollination GroupTable of ContentsContents: PART I Introductory matters and background 1. Introduction to effective global carbon markets 2. Background: the problem of and response to climate change PART II The carbon market from three perspectives 3. Compartmentalisation of the carbon market 4. The nature of what is traded in the carbon market 5. Carbon market diversity and reasons to connect PART III 6. The networked market on distributed ledger technology – concept and theory 7. Practical implementation of the proposed networked market PART IV Analysis of the proposal 8. Governance structure for the networked market 9. Analysis of the networked market – legal issues PART V Concluding matters 10. Conclusions on effective global carbon markets Index
£99.00
Edward Elgar Publishing Ltd Animal Welfare and International Trade Law: The
Book SynopsisThis thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights.Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.Trade Review‘This book provides the broad and rich social, legal, cultural, and economic context needed to examine the growing presence of animal welfare as a concern of international law. The author has identified the Seal case of the WTO as a tipping point for the realization of animal welfare as a legitimate topic within international law. In doing so the author provides a comprehensive scholarly discussion of basic questions such as what is international law and how does it arise?’ -- David Favre, Michigan State University, USTable of ContentsContents 1. Introduction to Animal Welfare and International Trade Law 2. The sea change of seal products 3. Legal theory, international law, and animal welfare 4. Global animal law 5. The international trade regime 6. Before Seal Products : trade, conservation, and animal welfare 7. The Seal Products case 8. New trade agreements and animal welfare 9. Conclusion to Animal Welfare and International Trade Law Index
£88.00
Edward Elgar Publishing Ltd Dictionary of Environmental Law
Book SynopsisThis new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries.Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes.This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.Trade Review'There is no shortage of recent dictionaries covering environmental law on reference shelves. What distinguishes this titles is its inclusive coverage of the international scene. For example, where all environmental law dictionaries have an entry for acid rain, Gilpin's Dictionary informs the reader about acid rain problems in Sweden, Norway, Germany and The Netherlands in addition to the United States and Canada. This Dictionary is useful, with balanced coverage of environmental issues throughout the world. . . due to its global inclusiveness and clear, nontechnical language, this dictionary should prove very useful on shelves of all types of libraries and for environmental, political, and legal practitioners.' -- Georgia Briscoe, American Reference Books Annual 2002'Gilpin addresses the elements of environmental law with an indispensable survey of the subject. . . . The strength of this dictionary lies in its international coverage. . . . Language is nontechnical and easily accessible to general readers. . . . Gilpin is recommended for those libraries and individuals interested in international environmental law.' -- S.R. Moore, Choice'I thought Gilpin's work was excellent. The coverage was thorough and extremely helpful without getting overly bogged down in unnecessary details. I also felt that there was a very useful balance between national coverage (as of European Union and United States statutes, concepts and cases) and international agreements. I am certain that scholars, political decision makers, legal practitioners, environmental activists and reference libraries will want to have Gilpin handy. It may well become an indispensable reference work in environmental law and policy.' -- Thomas S. Ulen, University of Illinois, US
£171.00
Edward Elgar Publishing Ltd Designing International Environmental Agreements:
Book SynopsisThe international character of today's most pressing environmental problems has become a key challenge for environmental policy making. As regulation by a supranational authority is not a realistic option at present, policymakers have to rely on decentralized approaches to the management of international environmental resources.This study combines two core dimensions of international environmental policy: the traditional search for cost-effective policy instruments and the creation of incentives for voluntary cooperation among sovereign nations. The analysis offers some clear-cut policy recommendations for the design of environmental treaties and for the further development of existing international institutions to protect the global environment.Table of ContentsContents: Preface 1. Introduction 2. International Environmental Problems 3. Cost-effectiveness 4. Incentive Compatibility 5. Enforcement and Side Payments 6. Financing Incremental Abatement Costs under Asymmetric Information 7. Institutions for the Global Environment 8. Summary and Outlook Appendix Bibliography Index
£103.00
Edward Elgar Publishing Ltd Global Environmental Problems and International
Book SynopsisThe ozone layer is threatened by chemical emissions, the climate is endangered from fossil fuels and deforestation, and global biodiversity is being lost by reason of thousands of years of habitat conversions. Global environmental problems arise out of the accumulated impacts from many years' and many countries' economic development. In order to address these problems the states of the world must cooperate to manage their development processes together - this is what international environmental agreements are designed to do. But can the world's countries cooperate successfully to manage global development? How should they manage it? Who should pay for the process, as well as for the underlying problems? This book presents an examination of both the problems and the processes underlying international environmental lawmaking: the recognition of international interdependence, the negotiation of international agreements and the evolution of international resource management. It examines the general problem of global resource management by means of general principles and case studies and by looking at how and why specific negotiations and agreements have failed to achieve their targets. The book, commissioned by UNCTAD to assist policymakers, especially in developing countries. It will also be of interest to practitioners in the areas of environmental economics and law and to scholars studying global environmental policy making and institution building.Trade Review'This book is important reading for economists and other social scientists and administrators interested in international environmental agreements and their implementation.' -- Raymond Mikesell, The Economic Journal'Negotiating international environmental regimes is traditionally viewed as a task for lawyers and diplomats. This study - commissioned by the secretariat of the United Nations Conference on Trade and Development - takes a fresh look, through an economist's lens.' -- Peter H. Sand, Environment'The presentation of the economic material is first-rate, one of the best summaries of the field that I have read. The writing is clear and crisp, and the theory is leavened with wonderfully instructive examples . . . The book is likely to be the seminal piece in this area.' -- Thomas S. Ulen, University of Illinois at Urbana-Champaign, USTable of ContentsContents: Preface Part I: The Economics of Global Environmental Problems 1. The Limits to Growth 2. Planning for Future Generations 3. Global Development and Global Externalities 4. Relations between Nations Part II: Developing International Environmental Law 5. The Foundations of International Environmental Law 6. Economics of International Environmental Agreements 7. Negotiating International Environmental Agreements 8. The Evolution of International Environmental Agreements 9. Developing International Environmental Law Part III: Principles of International Environmental Law and Lawmaking 10. Principles of International Environmental Law Bibliography Index
£27.50
Edward Elgar Publishing Ltd Environmental Taxes: An Introductory Analysis
Book SynopsisEnvironmental taxes differ from each other according to the functions they serve and the manner in which they are implemented. This study highlights the appropriateness of different kinds of environmental taxes against a rigorous framework of theory and case study evidence.The purpose of this book is to analyse the way in which environmental taxes are categorized and which factors affect the effectiveness and efficiency of the different kinds of environmental taxes in practice. This pragmatic approach is emphasized along with the multiplicity of regulatory problems such as: At what level should the environmental tax rate be set? What is the proper time schedule for introducing an environmental tax? What are the most appropriate taxable characteristics and how should they be determined? What activities should be exempt from environmental taxation? How can tax relief be implemented? These are only some of the regulatory problems explored in this study, which also encompasses an examination of the theory of regulation.The author argues that economists have often paid too little attention to the administrative and legal issues concerning the implementation of legislation, such as environmental tax laws, which are of course vital to the success of any potential policy. Lawyers too have in turn neglected the theory of regulation, which would assist in analysing problems in a future-oriented way.Environmental Taxes will therefore be of great interest to a wide audience of environmental economists, law and economics scholars as well as policymakers.Trade Review'As the intricacies of the intelligent design of environmental taxes have baffled many, including people in power, this book is a welcome addition to the literature. It is clear, concise and correct. . . Kalle Maatta's Environmental Taxes should have a prominent place on the bookshelves of anyone who advises or practises environmental regulation, and it should often be taken from that shelf.' -- Richard S.J. Tol, Review of European Community & International Environmental LawTable of ContentsContents: Preface 1. Introduction 2. Conceptual Framework 3. The Fallacy of Buchanan–Tullock Theorem 4. Regulatory and Fiscal Taxes: Theoretical Considerations 5. Incentive Environmental Taxes 6. Financing Environmental Taxes 7. Environmental Taxes from the Fiscal Point of View 8. Concluding Remarks Bibliography Index
£94.00
Edward Elgar Publishing Ltd Whaling Diplomacy: Defining Issues in
Book SynopsisWhaling Diplomacy is the only book that addresses all of the substantive issues relating to the conservation of whales through the International Whaling Commission (IWC). It covers the law, policy, science and philosophy at the heart of each element of the debate, discussing how it has developed, the current problems that beset it and what is necessary for the future. Together, all of the issues involved in whaling form a single crucible through which the future of conservation in international environmental law is being debated. The intensity of this debate, despite being at the forefront of international environmental problems for over three decades has not dissipated, as ultimately, the clash of values, science and law within whaling diplomacy is one of the key front lines for international conservation in the 21st century. Studying the contemporary developments in international environmental law and policy, this book therefore is not just about whales, but also how related debates are being reflected in other forums.Students of law, politics, environmental economics and philosophy will find this book of great value for it's cutting-edge relevance over the three disciplines. Policymakers will also find it of interest for the insight into one of the most controversial conservation debates of our time.Trade Review'In this impressively informative book, Gillespie attempts to lead the reader through a brief history of commercial whaling, the creation and development of the key international bodies addressing whaling, and the ethical and political dilemmas that make this topic both so revealing and so important to the development of international law. The quest is epic and auspicious. Against the odds, Gillespie manages to capture the substance and the essence of the debate, along with the full attention of the reader . . . As the title promises, Gillespie provides a detailed, carefully documented account of whaling diplomacy. In the process of contributing to our understanding of the legal regime on whaling, however, he also draws our attention to the relationship between whaling law and international environmental law and the importance of viewing international environmental issues within a broader political, legal and ethical context. In all of these ways, the book adds to our understanding of the complexity of developing, implementing and maintaining effective international environmental laws in an ever-changing political and natural environment.' -- Cinnamon Pinon Carlarne, International Journal of Maritime History'This work is well written, authoritatively argued, masterfully thought out, and extensively documented with references from primary sources. . . . Clearly, this volume will be welcomed as an indispensable intellectual resource by laymen, scholars and policymakers alike who are seriously interested in the need for new attitudes dedicated to marshalling diplomatic initiatives for implementing and enforcing effective conservation policies.' -- Christopher C. Joyner, The Law and Politics Book Review'The International Whaling Commission has complex history and deals with fascinating issues in respect of which attitudes have changed markedly since the organisation was founded in 1946. Al Gillespie has been through all the records and knows the story well; even better he knows in practical terms how it works since he has been a distinguished member of the New Zealand delegation to the Commission for years. There can be few who know more about this controversial international body. The book demonstrates excellent research on many fronts and is full of valuable insights on a topic that will only become more important over time.' -- Rt Hon Sir Geoffrey Palmer, former Prime Minister of New Zealand, and current Commissioner for New Zealand to the International Whaling Commission'Gillespie's book is a very valuable study of whaling, which adopted a holistic approach to the subject and which represents a very high standard of academic research. It strikes an excellent balance between theory and practice and therefore, should be of interest for both academics and practitioners. The book addresses all the controversial areas of whaling and offers a solid legal and philosophical background.' -- Malgosia Fitzmaurice, Queen Mary, University of London, UKTable of ContentsContents: Preface Introduction Part I: Numbers and Threats 1. From the Blue-Whale Unit to the Revised Management Scheme 2. Management and Numbers 3. Environmental Threats to Cetaceans and the Limits of the IWC 4. Incidental Capture Part II: Philosophy in International Environmental Law 5. Whaling under Scientific Auspices 6. Humane Killing 7. Non-Lethal Utilization and the Irish Proposal 8. Aboriginal Subsistence Whaling Part III: The Mechanics of International Environmental Law 9. Sanctuaries 10. Small Cetaceans 11. The Primacy of the IWC and Related International Organizations 12. Compliance 13. Reservations to the ICRW 14. Transparency 15. Vote-Buying 16. Finance Part IV: Conclusion 17. Conclusion Index
£164.00