Public international law: environment Books
Edward Elgar Publishing Ltd Rethinking Voluntary Approaches in Environmental
Book SynopsisVoluntary approaches, such as corporate codes of conduct, have been widely advocated as alternatives to traditional approaches to environmental regulation. Yet concern remains that companies cannot be trusted to police themselves and that many of the putative advantages of self regulation, such as reduced cost and increased flexibility, have not been realised in practice. The book systematically analyses three initiatives (environmental management systems, the Australian Greenhouse Challenge and the Australian mining industry's Code for Environmental Management) and their contribution to public environmental policy. By moving the debate away from narrow considerations of economic efficiency towards a broader framework that accounts for the multiple goals to which environmental policy needs to be directed, this book significantly enhances our understanding of the role that voluntary approaches can play in achieving environmental policy goals.The book is required reading for all those concerned with the design and implementation of modern environmental policy.Trade Review'Appealing to a wide audience. . . this book makes a worthwhile contribution to the environmental politics literature.' -- Darren McCauley, Environmental PoliticsTable of ContentsContents: Part I: Introduction 1. Introduction 2. Evaluating Environmental Policy Instruments Part II: Literature Review 3. Environmental Policy Instruments Part III: Voluntary Approaches in Australia 4. The Australian Environmental Policy Context 5. Environmental Management Systems 6. The Australian Greenhouse Challenge 7. The Australian Minerals Industry Code for Environmental Management Part IV: Synthesis and Analysis 8. Discussion Bibliography Index
£95.00
Edward Elgar Publishing Ltd Contemporary Issues in International
Book SynopsisThe central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states.The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.Trade Review'. . . this book offers a timely contribution in the field of international environmental law. The way it presents the fundamental principles of international environmental law is innovative. For this, the author gains special credit. She deals with the most fundamental and difficult legal issues in such a pragmatic manner that one will clearly understand the practical difficulties involved in implementing these principles. Readers will particularly benefit from the analytical approach undertaken in this book. . . The book is well researched. The arguments are well rounded and consistent. Students, practitioners and those with a general interest in the fundamental principles underlying contemporary international environmental law alike will enjoy reading this book.' -- Kamrul Hossain, International Journal on Minority and Group Rights'. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject.' -- British Yearbook of International Law'This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance.' -- Priscilla Schwartz, Journal of Environmental Law'This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice's collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law.' -- James Crawford, University of Cambridge, UKTable of ContentsContents: Introduction 1. Precautionary Principle 2. Sustainable Development 3. Intergenerational Equity: A Reappraisal 4. The European Convention on Human Rights and the Human Right to a Clean Environment 5. Conclusions Bibliography Index
£99.00
Edward Elgar Publishing Ltd The Economic Analysis of Environmental Policy and
Book SynopsisAlthough many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style.The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors' view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis.The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners.Trade Review'Sometimes, one has to teach an introductory course, for instance to civil servants, and if you should have the task to teach environmental policy and law, this is the book to recommend. It could really not be more straightforward. . . This is a wonderful introduction, and every conscientious teacher of the subject can successfully build upon it.' -- Jurgen G. Backhaus, European Journal of Law and Economics'This volume would make an excellent textbook for students of both introductory environmental economics and introductory environmental law. The examples of real world legal problems and environmental policies provide the student with the context within which the basic principles of microeconomics come alive. The scope of economic topics covered is broad and impressive, ranging from the notion of marginal cost to the idea of limits to growth. The authors have created a framework within which it is possible for both law students and economics students to learn from each other's disciplines. A truly remarkable achievement.' -- Timothy M. Swanson, University College London, UKTable of ContentsContents: 1. Introduction and Summary Part I: Rights and the Environment 2. Principles of Environmental Policy 3. Exploitation and Protection of Endangered Species 4. Property Rights Part II: Resources, Prices and Sustainable Growth 5. Prices and Markets 6. Market Failures 7. Capital, Investments, Interests and Risks 8. Sustainable Growth Part III: Transaction Costs and the Law 9. The Role of Law 10. Balancing Benefits and Costs 11. Regulation of Industry 12. Land-use Control 13. Tradable Permits, Charges and Deposits Part IV: Risk and Liability 14. Tort Law 15. Limits to Liability 16. Environmental Crime 17. Various Instruments at Various Levels of Government Bibliography Index
£52.20
Edward Elgar Publishing Ltd Implementing the Precautionary Principle:
Book SynopsisThis challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, it explores the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision-making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.Bringing together authors from both policy making and academia and from a wide range of disciplines and jurisdictions, this book will be of interest to academic scholars interested in environmental policy, law and politics.Trade Review'. . . this book represents a welcome addition to the literature on PP and is recommended for readers interested in risk assessment, decision making and the precautionary principle.' -- Krishna Ravi Srinivas, Political Studies ReviewTable of ContentsContents: Preface 1. Implementing the Precautionary Principle: Perspectives and Prospects Elizabeth Fisher, Judith Jones and René von Schomberg PART I: GENERAL IMPLICATIONS OF THE PRECAUTIONARY PRINCIPLE FOR PUBLIC DECISION MAKING 2. The Precautionary Principle and its Normative Challenges René von Schomberg 3. The Role of Science and Precaution in Environmental and Public Health Policy Joel Tickner and David Kriebel 4. The Precautionary Principle and Catastrophism on Tenterhooks: Lessons from Constitutional Reform in France Olivier Godard 5. Precautionary Policy Assessment for Sustainability Stephen Dovers PART II: THE CHALLENGES INVOLVED IN IMPLEMENTING THE PRECAUTIONARY PRINCIPLE 6. The Precautionary Principle and Administrative Constitutionalism: The Development of Frameworks for Applying the Precautionary Principle Elizabeth Fisher and Ronnie Harding 7. The Burden and Standard of Proof in Environmental Regulation: The Precautionary Principle in an Australian Administrative Context Judith Jones and Simon Bronitt 8. Tr(e)ading Cautiously: Precaution in WTO Decision Making Jan McDonald 9. The Threshold Test of the Precautionary Principle in Australian Courts and Tribunals: Lessons for Judicial Review Warwick Gullett 10. Precautionary Only in Name? Tensions between Precaution and Risk Assessment in the Australian GMO Regulatory Framework Jacqueline Peel PART III: PROSPECTIVE APPLICATIONS OF THE PRECAUTIONARY PRINCIPLE IN SPECIFIC FIELDS 11. A Long and Winding Road? Precaution from Principle to Practice in Biodiversity Conservation Rosie Cooney 12. Climate Change and the Precautionary Principle Jeroen van der Sluijs and Wim Turkenburg 13. The Tension between Fiction and Precaution in Nanotechnology Arie Rip 14. A Framework for the Precautionary Governance of Food Safety: Integrating Science and Participation in the Social Appraisal of Risk Andy Stirling, Ortwin Renn and Patrick van Zwanenburg Index
£126.00
Edward Elgar Publishing Ltd Research Handbook on International Environmental
Book SynopsisThis wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.Trade Review‘This book offers a timely contribution in the field of international environmental law. The way it presents the fundamental principles of international environmental law is innovative. For this, the author gains especial credit. She deals with the most fundamental and difficult legal issues in such a pragmatic manner that one will clearly understand the practical difficulties involved in implementing these principles. Readers will particularly benefit from the analytical approach undertaken in this book. They will understand the importance of these principles in the field of international environmental law and, at the same time, realize how difficult it is to find the concrete basis of these principles, which shows the difficulties in the application of these principles in practice. The book is well researched. The arguments are well grounded and consistent. Students, practitioners and those with a general interest in the fundamental principles underlying contemporary international environmental law alike will enjoy reading this book.’ -- International Journal on Minority and Group Rights‘. . . an impressive volume, the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come.’ -- Web Journal of Current Legal IssuesTable of ContentsContents: Preface Panos Merkouris PART I: INTERNATIONAL ENVIRONMENTAL LAW AS A SYSTEM OF INTERNATIONAL LAW 1. Actors and Law-making in International Environmental Law Mark A. Drumbl 2. International Framework for Environmental Decision-making Geir Ulfstein PART II: THEORIES AND CONCEPTS OF INTERNATIONAL ENVIRONMENTAL LAW 3. Sustainable Development Duncan French 4. Environment and Development: Friends or Foes in the 21st Century? Paolo Galizzi and Alena Herklotz 5. Implementing Intergenerational Equity Edith Brown Weiss 6. An Introduction to Ethical Considerations in International Environmental Law Alexander Gillespie 7. The World Bank and Sustainable Development David Freestone 8. Common but Differentiated Responsibilities Philippe Cullet 9. The Principles of Prevention and Precaution in International Law: Two Heads of the Same Coin? Nicolas de Sadeleer PART III: SUBSTANTIVE PRINCIPLES 10. The Precautionary Principle Minna Pyhälä, Anne Christine Brusendorff and Hanna Paulomäki 11. Environmental Impact Assessment Olufemi Elias 12. The Polluter-Pays Principle Priscilla Schwartz PART IV: HUMAN RIGHTS TO A CLEAN ENVIRONMENT 13. Human Rights and the Environment: Substantive Rights Dinah Shelton 14. Human Rights to a Clean Environment: Procedural Rights Jona Razzaque PART V: RESPONSIBILITY AND LIABILITY FOR ENVIRONMENTAL HARM 15. Responsibility for Environmental Damage Phoebe Okowa 16. International Liability for Damage to the Environment Louise Angélique de La Fayette 17. Corporate Liability for Environmental Harm Amanda Perry-Kessaris PART VI: DISPUTE SETTLEMENT AND COMPLIANCE 18. Settlement of International Environmental Law Disputes Natalie Klein 19. Environmental Disputes in the WTO Joanna Gomula 20. Compliance Procedures and Mechanisms Gerhard Loibl 21. International Legal Efforts to Address Human-Induced Global Climate Change David M. Ong 22. Filling The Holes: The Montreal Protocol’s Non-Compliance Mechanism Feja Lesniewska PART VII: BIODIVERSITY 23. Environmental Protection and the Concept of Common Concern of Mankind Michael Bowman 24. International Environmental Law Governing Threats to Biological Diversity David M. Ong 25. Fisheries and Marine Biodiversity Richard Barnes PART VIII: SPECIFIC ENVIRONMENTAL PROTECTION REGIMES 26. The 1982 UN Convention on the Law of the Sea and Marine Environmental Protection David M. Ong 27. Environmental Protection in Armed Conflict Karen Hulme 28. The Relationship between the Law of International Watercourses and Sustainable Development Malgosia Fitzmaurice 29. International Chemicals and Waste Management Katharina Kummer Peiry 30. Drilling at the Poles: Environmental Protection in the Antarctic and the Arctic Karen N. Scott Index
£260.00
Edward Elgar Publishing Ltd The Law and Governance of Water Resources: The
Book SynopsisThis path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability.To achieve the sustainable use and development of water resources is a daunting challenge for both global and local communities. It requires commitments from all groups within international, national and local communities from their own particular, possibly conflicting, perspectives. Without a set of coherent legal arrangements designed to ensure effective governance of water resources, their sustainable use and development is unlikely to be achieved. Douglas Fisher considers how legal arrangements for managing water resources have evolved across the continents over hundreds of years. He explores their relevance for contemporary society; how the norms of current international and national legal regimes are responding; and, most importantly, how legal rights and duties should be structured so as to achieve sustainability in the future.This detailed textual and linguistic analysis of legal doctrines and instruments in relation to water resources will be invaluable for international and national water resources policy analysts, water resource managers and water resource lawyers. Students of water resource management, sustainable development and sustainability will also find this book of great interest to them.Trade Review'. . . this is a formidable work and its detailed analysis of the law, its institutions and norms will be highly useful as a reference text for postgraduate law students and legal academics.' -- Poh Ling Tan, Australasian Journal of Environmental ManagementTable of ContentsContents: Preface Introduction Part I: The Challenge of Sustainable Water Resources Governance 1. Water Resources Governance in Context 2. The Conceptual Framework of Sustainability 3. Governance for Sustainable Development Part II: The Formal Structure of Water Resources Governance 4. The Doctrinal Foundations of Water Resources Law 5. The Range of Functions Performed by States 6. Individual Water Rights 7. Water Entitlements Part III: The Normative Structure of International Arrangements 8. Norms of International Law 9. Norms in Interstate Agreements Part IV: The Normative Structure of Arrangements Within States 10. Normative Arrangements in Federal Jurisdictions 11. Normative Arrangements in Unitary Jurisdictions Part V: Evolving International Arrangements for Water Resources Governance 12. The Dynamics of the International Legal System 13. The Dynamics of Interstate Agreements Part VI: Evolving National Arrangements for Water Resources Governance 14. Grundnorms Underlying Water Resources Development 15. Planning for Water Resources Development 16. Water Rights as Regulatory Instruments Part VII: Towards Sustainable Water Resources Governance 17. Evolving Statutory Structures for Water Resources Governance 18. The Need for Doctrinal Innovation 19. Models of Doctrinal Innovation Bibliography Index
£126.00
Edward Elgar Publishing Ltd China and International Environmental Liability:
Book SynopsisThis book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution.Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.Trade Review'Few countries are likely to have a more important global environmental role in coming years than the People's Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China's engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work.' -- Philippe Sands QC, University College London and Matrix Chambers, UKTable of ContentsContents: 1. Introduction and Editorial Preface Michael Faure and Song Ying PART I: INTERNATIONAL ENVIRONMENTAL LAW AND CONVENTIONS 2. Cluster-Litigation in Cases of Transboundary Environmental Harm André Nollkaemper 3. The Role of International Conventions in Solving Transboundary Pollution Disputes James Harrison 4. Transboundary Vessel-Source Marine Pollution – International Legal Framework and its Application to China Wang Hui 5. ILC Proposal on the Role of Origin State in Transboundary Damage Gou Haibo PART II: NATIONAL ENVIRONMENTAL LAW IN A TRANSBOUNDARY LEGAL CONTEXT 6. Applying National Liability Law to Transboundary Pollution: Some Lessons from Europe and the United States Michael Faure and Gerrit Betlem 7. The Joint Governance of Transboundary River Basins: Some Observations on the Role of Law Marjan Peeters 8. A New Look at Environmental Impact Assessments: Using Customary Law to Prevent Domestic and Transboundary Environmental Damage Jack Jacobs 9. Transboundary Environmental Crimes: An Analysis of Chinese and European Law Thomas Richter PART III: THE SONGHUA RIVER POLLUTION CASE 10. Reflections from the Transboundary Pollution of Songhua River Wang Jin, Huang Chiachen and Yan Houfu 11. Pondering Over the Incident of Songhua River Pollution from the Perspective of Environmental Law Wang Canfa, Yu Wen-xuan, Li Dan and Li Jun-hong 12. International Legal Aspect of the Songhua River Incident Song Ying PART IV: COMPARATIVE CONCLUSIONS 13. Comparative and Concluding Remarks Michael Faure and Song Ying Index
£126.00
Edward Elgar Publishing Ltd Climate Law and Developing Countries: Legal and
Book SynopsisThis timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.Trade Review'. . . the book is rich and unique. It offers very useful analysis of climate law in developing countries and the key issues in the ongoing negotiations. . . an important source of reference.' -- Environmental Law Review'The editors of Climate Law and Developing Countries have brought together a star-studded group of authors with often innovative views on how climate law works (or fails to work) in those countries where it arguably matters more than elsewhere. This volume largely avoids the pitfalls of climate and carbon jargon. It may well succeed in reconnecting the regulatory community to a field of law which has rapidly become the exclusive habitat of banking and finance lawyers. A superb read and reference treasure trove.' -- Geert van Calster, Katholieke Universiteit Leuven, Belgium'Global warming is essentially an issue of human rights and justice severely affecting poor countries and indigenous peoples. This book shows why and how climate justice must shape international and domestic climate law. A timely, must-read companion for climate experts and activists, but equally a reminder of how much is left to be learned by negotiators of post-Kyoto agreements.'R>- Klaus Bosselmann, University of Auckland, New Zealand and IUCN Commission on Environmental Law Ethics Specialist Group'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' -- Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental LawTable of ContentsContents: 1. Introduction: Climate Law and Developing Countries Benjamin J. Richardson, Yves Le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood PART I: CLIMATE JUSTICE 2. Climate Change, Differentiated Responsibilities and State Responsibility: Devising Novel Legal Strategies for Damage Caused by Climate Change Sumudu Atapattu 3. India’s Constitutional Challenge: A Less Visible Climate Change Catastrophe Deepa Badrinarayana 4. Promoting Justice within the International Legal System: Prospects for Climate Refugees Angela Williams 5. Climate Change and Indigenous Peoples in the South Pacific: The Need for Regional and Local Strategies Eric Kwa PART II: EXPANDING THE SCOPE OF THE CLIMATE CHANGE LEGAL REGIMES 6. Supporting Adaptation in Developing Countries at the National and Global Levels Jolene Lin 7. Designing a REDD Mechanism: The TDERM Triptych Claire Stockwell, William Hare and Kirsten Macey 8. The Role of Marine ‘Forests’ and Soils as Carbon Sinks: Enhanced Bio-Sequestration as a Mitigation Strategy to Help Avoid Dangerous Climate Change Robert Fowler 9. Adaptation to Climate Change to Save Biodiversity: Lessons Learned from African and European Experiences Saja Erens, Jonathan Verschuuren and Kees Bastmeijer PART III: THE CLEAN DEVELOPMENT MECHANISM AND MITIGATION STRATEGIES 10. The Deadlock of the Clean Development Mechanism: Caught between Sustainability, Environmental Integrity and Economic Efficiency Christina Voigt 11. Beautifying Africa for the Clean Development Mechanism: Legal and Institutional Issues Considered Damilola S. Olawuyi 12. Policy and Legal Dimensions of CDM Projects in the Forestry Sector: Implications for Climate Change Mitigation and Adaptation in Uganda Emmanuel B. Kasimbazi 13. Brazilian Policy on Biodiesels: A Sound Means of Mitigating Climate Change? Solange Teles da Silva and Carolina Dutra PART IV: CLIMATE POLICY BRIDGING THE NORTH AND SOUTH 14. Improving Citizen Responsibility in the North and its Consequences for the South: Voluntary Carbon Offsets and Government Involvement Marjan Peeters 15. Climate and Trade in a Divided World: Can Measures Adopted in the North End Up Shaping Climate Change Legislative Frameworks in the South? Francesco Sindico 16. Climate Change in the European Union Development Cooperation Policy Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois Index
£151.00
Edward Elgar Publishing Ltd Environmental Governance of the Great Seas: Law
Book SynopsisThe great seas contain immense resources and provide invaluable services to humankind, yet their environmental conditions are threatened worldwide. The authors of this comprehensive study provide a rich assessment of the seas and the efficacy of the initiatives governing them, as well as suggestions for improving governance and protection. Case studies of the Baltic, Mediterranean, Black, Caribbean and East Asian seas illustrate the varying degrees of policy success, failure and promise. The authors address the specific roles of the Law of the Sea and the United Nations Regional Seas Programme and discuss the importance of better information exchange between scientists and policymakers, increased funding, greater participation, and new and more effective laws. National, regional and international initiatives are conceptualized as clusters, and their success evaluated using data on the physical conditions of the seas, the law and policy adopted, and international cooperation. The interdisciplinary, insightful treatment of this complex issue will be of great interest to policymakers, students and scholars in the fields of law and policy as well as marine and environmental sciences.Trade Review’This book is informative and educational. It provides a representative sample of governance systems ranging from highly organised, functioning and well-resourced systems to underfunded systems in which implementation and the political will to do so remain fundamental challenges. The case studies chosen by the authors also display a range of environmental challenges, insofar as this is possible as several of those challenges, such as land-based pollution are evident in all regions of the globe. The inclusion of interviews with representatives of various of the institutions involved in governance of the regional seas and other experts adds depth, colour and pragmatism to the authors' assessments. Viewed holistically, the book should be of interest to all those wishing to build a more in-depth and comparative knowledge of regional seas governance and those wishing to explore the ways in which we might improve governance of the oceans.' -- Micha Young, IUCNAEL EJournal'Environmental Governance of the Great Seas: Law and Effect provides a considerable volume of valuable data and analysis on the capacity of regional structures to deliver tangible regulatory benefits to the marine environment generally, and on the operational challenges facing particular regional frameworks specifically. It is an insightful, accessible and revealing work, shedding considerable light on the merits and pitfalls of regional frameworks and the ability of institutions to interact effectively. Finally, it is a work that will be of great interest and assistance to those engaged with the challenging issues of institutional performance, treaty congestion and the role and value of ever-increasing regionalism in the pursuit of effective environmental standards.' -- Richard Caddell, The International Journal of Marine and Coastal LawTable of ContentsContents: Preface 1. Introduction 2. The Baltic Sea with Hermanni Backer, Joseph F.C. DiMento and Alexis Jaclyn Hickman 3. The Black Sea 4. The East Asian Seas 5. The Mediterranean Sea with Tullio Scovazzi, Joseph F.C. DiMento and Alexis Jaclyn Hickman 6. The West and Central African Seas 7. The Wider Caribbean Region 8. An Accounting Appendices References Index
£94.00
Edward Elgar Publishing Ltd The Making of International Environmental
Book SynopsisGerry Nagtzaam contends that in recent decades neoliberal institutionalist scholarship on global environmental regimes has burgeoned, as has constructivist scholarship on the key role played by norms in international politics. In this innovative volume, the author sets these interest- and norm-based approaches against each other in order to test their ability to illustrate why and how different environmental norms take hold in some regimes and not others. The book explores why some global environmental treaties seek to preserve and protect some parts of nature from human utilization, some seek to conserve certain parts of nature for human development, whilst others allow the reckless exploitation of nature without accounting for the consequences. It tracks the fate of these three underlying environmental norms - preservation, conservation and exploitation - using case studies on whaling, mining in Antarctica and tropical timber. The book illustrates how international political battles to shape environmental regimes inevitably result in clashes between these competing environmental norms. This unique study will prove a fascinating read for both academics and practitioners in the fields of international environmental politics and international environmental law.Trade Review'It is a scholarly but approachable "must read" for anyone wishing to improve their understanding of international environmental law and politics. The book is not one to be read for a few minutes before lights out. It requires and deserves more attention than that.' -- Nick Wimbush, Australian Journal of Environmental Management'The Making of International Environmental Treaties offers college-level environmental and political science collections a fine survey on global environmental treaties that seek to preserve and protect some parts of nature from human use. . . College-level collections will find it a winner!' -- The Midwest Book ReviewTable of ContentsContents: Foreword by Robyn Eckersley Introduction 1. Putting the Cart Before the Horse: Neoliberalism, Interests and Norms 2. The Gentle Art of Persuasion: Constructivism and Norms 3. Frozen in Time: Minerals and the Campaign to Preserve Antarctica 4. The International Whaling Commission and the Elusive Great White Whale of Preservationism 5. Let’s Be Careful, It’s a Jungle Out There: The International Tropical Timber Organization and Sustainable Forestry Conclusion Bibliography Index
£128.00
Edward Elgar Publishing Ltd Climate Law and Developing Countries: Legal and
Book SynopsisThis timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change.With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry.Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.Trade Review'. . . the book is rich and unique. It offers very useful analysis of climate law in developing countries and the key issues in the ongoing negotiations. . . an important source of reference.' -- Environmental Law Review'The editors of Climate Law and Developing Countries have brought together a star-studded group of authors with often innovative views on how climate law works (or fails to work) in those countries where it arguably matters more than elsewhere. This volume largely avoids the pitfalls of climate and carbon jargon. It may well succeed in reconnecting the regulatory community to a field of law which has rapidly become the exclusive habitat of banking and finance lawyers. A superb read and reference treasure trove.' -- Geert van Calster, Katholieke Universiteit Leuven, Belgium'Global warming is essentially an issue of human rights and justice severely affecting poor countries and indigenous peoples. This book shows why and how climate justice must shape international and domestic climate law. A timely, must-read companion for climate experts and activists, but equally a reminder of how much is left to be learned by negotiators of post-Kyoto agreements.'R>- Klaus Bosselmann, University of Auckland, New Zealand and IUCN Commission on Environmental Law Ethics Specialist Group'The phenomenon of anthropogenic climate change has become of critical importance to all countries. However, while the majority of developing countries contribute the least to global greenhouse gas emissions, they will generally bear the major burden of the social, environmental and economic impacts of climate change imposed upon them by developed countries. This cutting-edge book contains outstanding contributions by scholars from around the world on the need to expand the range of legal and policy mechanisms and strategies required to bridge the gaps between the north and the south to achieve global climate justice.' -- Ben Boer, University of Sydney and former Co-director of the IUCN Academy of Environmental LawTable of ContentsContents: 1. Introduction: Climate Law and Developing Countries Benjamin J. Richardson, Yves Le Bouthillier, Heather McLeod-Kilmurray and Stepan Wood PART I: CLIMATE JUSTICE 2. Climate Change, Differentiated Responsibilities and State Responsibility: Devising Novel Legal Strategies for Damage Caused by Climate Change Sumudu Atapattu 3. India’s Constitutional Challenge: A Less Visible Climate Change Catastrophe Deepa Badrinarayana 4. Promoting Justice within the International Legal System: Prospects for Climate Refugees Angela Williams 5. Climate Change and Indigenous Peoples in the South Pacific: The Need for Regional and Local Strategies Eric Kwa PART II: EXPANDING THE SCOPE OF THE CLIMATE CHANGE LEGAL REGIMES 6. Supporting Adaptation in Developing Countries at the National and Global Levels Jolene Lin 7. Designing a REDD Mechanism: The TDERM Triptych Claire Stockwell, William Hare and Kirsten Macey 8. The Role of Marine ‘Forests’ and Soils as Carbon Sinks: Enhanced Bio-Sequestration as a Mitigation Strategy to Help Avoid Dangerous Climate Change Robert Fowler 9. Adaptation to Climate Change to Save Biodiversity: Lessons Learned from African and European Experiences Saja Erens, Jonathan Verschuuren and Kees Bastmeijer PART III: THE CLEAN DEVELOPMENT MECHANISM AND MITIGATION STRATEGIES 10. The Deadlock of the Clean Development Mechanism: Caught between Sustainability, Environmental Integrity and Economic Efficiency Christina Voigt 11. Beautifying Africa for the Clean Development Mechanism: Legal and Institutional Issues Considered Damilola S. Olawuyi 12. Policy and Legal Dimensions of CDM Projects in the Forestry Sector: Implications for Climate Change Mitigation and Adaptation in Uganda Emmanuel B. Kasimbazi 13. Brazilian Policy on Biodiesels: A Sound Means of Mitigating Climate Change? Solange Teles da Silva and Carolina Dutra PART IV: CLIMATE POLICY BRIDGING THE NORTH AND SOUTH 14. Improving Citizen Responsibility in the North and its Consequences for the South: Voluntary Carbon Offsets and Government Involvement Marjan Peeters 15. Climate and Trade in a Divided World: Can Measures Adopted in the North End Up Shaping Climate Change Legislative Frameworks in the South? Francesco Sindico 16. Climate Change in the European Union Development Cooperation Policy Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois Index
£53.15
Edward Elgar Publishing Ltd International Law in the Era of Climate Change
Book SynopsisClimate change will fundamentally affect every area of human endeavor, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law, including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximize its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policymakers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximize our international legal and policy responses to it. Contributors: J. Brunnee, M.-C. Cordonier Segger, E. Crawford, A. Edwards, M.W. Gehring, C. Gray, J. Hepburn, E. Hey, K. Hulme, S. Humphreys, R. Lefeber, F. Lyall, A. Naude Fourie, H.M. Osofsky, R. Rayfuse, C. Redgwell, S.V. ScottTrade Review’This volume offers an original and thought-provoking analysis of the impact of climate change across international law. The book convincingly shows how the legal regulation of climate change has affected the content and structure of international law as a whole. A must-read for everyone interested in current challenges to international law. -- Wouter G. Werner, VU University Amsterdam, The Netherlands’The sheer complexity and magnitude of the challenges ahead as related to mitigating and adapting to climate change are intimidating yet the authors in International Law in the Era of Climate Change provide a rich, insightful, timely and multidisciplinary roadmap that can be used to understand not only the current solutions but also the need for greater progress in the development and evolution of international law, whether incrementally or substantially, to ensure greater peace and security in a climate-changed world.’ -- Avnita Lakhani, City University of Hong Kong’UN Secretary-General Ban-Khi Moon has called Climate Change 'the defining issue of our era'. It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.’ -- David Freestone, George Washington UniversityTable of ContentsContents: Preface PART I: SETTING THE SCENE 1. Mapping the Impact of Climate Change on International Law Rosemary Rayfuse and Shirley V. Scott PART II: THE IMPACT OF CLIMATE CHANGE ON SUBSTANTIVE REGIMES OF INTERNATIONAL LAW 2. Climate Change and International Human Rights Law Stephen Humphreys 3. Climate Change and International Refugee Law Alice Edwards 4. Climate Change and International Trade and Investment Law Markus W. Gehring, Marie-Claire Cordonier Segger and Jarrod Hepburn 5. Climate Change and International Environmental Law Catherine Redgwell 6. Climate Change and the Law of the Sea Rosemary Rayfuse 7. Climate Change and Space Law Francis Lyall 8. Climate Change and International Humanitarian Law Karen Hulme 9. Climate Change and the Law on the Use of Force Christine Gray PART III: THE IMPACT OF CLIMATE CHANGE ON INTERNATIONAL LEGAL PRINCIPLES AND PROCESSES 10. Climate Change and Statehood Emily Crawford and Rosemary Rayfuse 11. Participation in Climate Change Governance and its Implications for International Law Ellen Hey and Andria Naudé Fourie 12. Climate Change and Compliance and Enforcement Processes Jutta Brunnée 13. Climate Change and State Responsibility René Lefeber 14. Climate Change and Dispute Resolution Processes Hari M. Osofsky Index
£126.00
Edward Elgar Publishing Ltd From Environmental Action to Ecoterrorism?:
Book SynopsisThis book scrutinizes the growth of the ecoterrorism movement operating on a global scale, focusing on the main groups and their more radical offshoots, both historically and currently active. These include Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. Gerry Nagtzaam critically examines how these groups formed and how they have evolved, their key personnel, their strategies and tactics, principles, motivating philosophies and attitudes to violence. Specifically, this book seeks to understand whether groups such as these inevitably evolve from activists to militants to terrorists who gravitate towards political violence on behalf of the environment. Particular attention is paid to the future of such groups, predicting whether they will become more prominent as more people become ecologically aware and as global environmental conditions deteriorate, or whether groups like these have peaked as a force for environmental change. Gerry Nagtzaam compares and contrasts the selected ecoterrorist groups, highlighting their similarities and differences as regards to their use of political violence and pathways of radicalization. This book will be of interest to a number of different audiences, including scholars, teachers and students of law enforcement, terrorism, environmental politics, environmental law, international relations theory, geography, environmental science, sociology and development studies. It will also be relevant for activists and environmental NGOs.Trade Review‘From Environmental Action to Ecoterrorism? offers perhaps the clearest and most comprehensive examination of radical environmental groups and tactics to date, and does so in a balanced and richly narrated manner. Taking the Animal Liberation Front, Earth First! and the Sea Shepherds as case studies, Nagtzaam focuses upon the processes by which persons and groups undergo radicalization and come to embrace political violence. Tracing the evolution of group strategies, leaders, and philosophies, his detailed narrative and careful theoretical and empirical analysis underscore the need for a better understanding of radicalization processes. Scholars and students interested in the development of radical environmentalism or in the dynamics of more militant forms of environmental resistance will find much to explore. Those merely interested in the history and internal dynamics of radical environmentalism as a social movement, and the cautionary tale that it contains, will also find much to admire in this engaging book.' -- Steve Vanderheiden, University of Colorado at Boulder, US'In a volume that is non-alarmist in tone, yet inherently attentive to the fact that such groups can constitute challenges to law enforcement and society more generally, Nagtzaam enhances our understandings of radicalisation, reaffirming that it is a process not just currently confined and relevant to Islamist groups and exclusivist nationalist organizations. He approaches and frames radical actors and radicalisation in a neutral, technical manner, advocating that neither should be inherently associated or equated with violence and terrorism. His study also reinforces that while mainstream environmental and animal rights groups and their more militant counter-parts occasionally share affinities, they are distinguished by very different philosophies and modes of operation on resolving ecological crises.' -- Peter Lentini, Monash University, AustraliaTable of ContentsContents: Introduction PART I 1. Cage Fighting: the Animal Liberation Front 2. Rattling the Cages: Animal Liberation Front Actions 3. By Other Means: The Animal Liberation Front and its Purported Splinter Groups PART II 4. Direct Action in Defence of Living Systems: Earth First! 5. Elves Running through the Forest: the Earth Liberation Front PART III 6. Gaia’s Navy: the Sea Shepherd Conservation Society 7. Ramming Speed: Sea Shepherd Conservation Society Actions 8. Vigilante Justice: The Sea Shepherd Conservation Society and the Law Conclusion Bibliography Index
£121.00
Edward Elgar Publishing Ltd Human Rights and the Environment
Book SynopsisIn this topical collection, Professor Dinah Shelton brings together seminal articles published since the Stockholm Conference on the Human Environment that discuss and debate the linkages between human rights and environmental protection. This comprehensive research review successfully encompasses the various approaches and thinking of the leading scholars in the field. This authoritative and timely book will be of great interest to lawyers, policy-makers, advocates and academics and will serve as an excellent reference tool for anyone with an interest in human rights and the environment.Table of ContentsContents: Volume I Acknowledgements Introduction Dinah L. Shelton PART I THEORETICAL APPROACHES 1. Joseph L. Sax (1990), ‘The Search for Environmental Rights’ 2. James W. Nickel (1993), ‘The Human Right to a Safe Environment: Philosophical Perspectives on Its Scope and Justification’ 3. Günther Handl (1992), ‘Human Rights and Protection of the Environment: A Mildly ‘Revisionist’ View’ 4. Sumudu Atapattu (2002), ‘The Right to a Healthy Life or the Right to Die Polluted?: The Emergence of a Human Right to a Healthy Environment Under International Law’ 5. Alan Boyle (2007), ‘Human Rights or Environmental Rights? A Reassessment’ 6. Roda Mushkat (2009), ‘Contextualizing Environmental Human Rights: A Relativist Perspective’ 7. Hari M. Osofsky (2005), ‘Learning from Environmental Justice: A New Model for International Environmental Rights’ 8. Richard P. Hiskes (2005), ‘The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice’ 9. James R. May (2006), ‘Constituting Fundamental Environmental Rights Worldwide’ 10. Prudence E. Taylor (1998), ‘From Environmental to Ecological Human Rights: A New Dynamic in International Law?’ PART II SPECIFIC ISSUES AND PROBLEMS 11. Malgosia Fitzmaurice (2007), ‘The Human Right to Water’ 12. Paul L. Joffe (2009), ‘Conscience and Interest: Law, Rights, and Politics in the Struggle to Confront Climate Change and the New Poverty’ 13. Marc Limon (2009), ‘Human Rights and Climate Change: Constructing a Case for Political Action’ 14. Cyril Uchenna Gwam (2002), ‘Adverse Effects of the Illicit Movement and Dumping of Hazardous, Toxic, and Dangerous Wastes and Products on the Enjoyment of Human Rights’ 15. Michael N. Schmitt (2000), ‘Humanitarian Law and the Environment’ 16. Christopher Tracy (1994), ‘The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment’ 17. Daniel Barstow Magraw and Lauren Baker (2007), ‘Globalization, Communities and Human Rights: Community-Based Property Rights and Prior Informed Consent’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I VULNERABLE POPULATIONS 1. Lawrence Watters (2002), ‘Indigenous Peoples and the Environment: Convergence from a Nordic Perspective’ 2. Cherie Metcalf (2003), ‘Indigenous Rights and the Environment: Evolving International Law’ 3. Rebecca Tsosie (2007), ‘Indigenous People and Environmental Justice: The Impact of Climate Change’ 4. Aurelie Lopez (2007), ‘The Protection of Environmentally-Displaced Persons in International Law’ 5. Karen E. MacDonald (2006), ‘Sustaining the Environmental Rights of Children: An Exploratory Critique’ PART II INTERNATIONAL TEXTS AND JURISPRUDENCE 6. Neil A.F. Popović (1996), ‘In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment’ 7. John H. Knox (2009), ‘Linking Human Rights and Climate Change at the United Nations’ 8. Dinah Shelton (2010), ‘Developing Substantive Environmental Rights’ 9. Stephen J. Powell (2007), ‘Should or Must?: Nature of the Obligation of States to Use Trade Instruments for the Advancement of Environmental, Labour, and Other Human Rights’ 10. Ole W. Pedersen (2008), ‘European Environmental Human Rights and Environmental Rights: A Long Time Coming?’ 11. Kristof Hectors (2008), ‘The Chartering of Environmental Protection: Exploring the Boundaries of Environmental Protection as Human Right’ 12. Jona Razzaque (2007), ‘Linking Human Rights, Development, and Environment: Experiences from Litigation in South Asia’ 13. Cesare Pitea (2006), ‘The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms’
£608.00
Springer International Publishing AG Corporate Liability for Transboundary
Book SynopsisThis open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.Table of Contents- Part I International Perspectives of Corporate Environmental Liability. - 1. Introduction. - 2. Functions and Objectives of Corporate Liability for Transboundary Environmental Harm. - 3. States Responsibility and Liability for Transboundary Environmental Harm. - 4. Liability of Private Actors in International Law. - 5. International Standards for National Environmental Liability Regimes. - Part II Tackling Transboundary Environmental Damage in the National Arena. - 6. National Civil Liability and Transboundary Environmental Damage. - 7. Environmental Due Diligence Obligations in Home State Law with Regard to Transnational Value Chains. - Part III Key Sectors and Synthesis. - 8. Climate Change Litigation: A Reference Area for Liability. - 9. Geoengineering: Methods, Associated Risks and International Liability. - 10. Synthesis. Part IV Annex: Selected Environment Treaties with Liability Elements. - 11. Convention on International Liability for Damage Caused by Space Objects. - 12. Liability Annex to the Protocol on Environmental Protection to the Antarctic Treaty. - 13. Liability Under Part XI UNCLOS (Deep Seabed Mining). - 14. The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. - 15. Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal. - 16. Paris Agreement.
£33.24
T.M.C. Asser Press Children’s Environmental Rights Under International and EU Law: The Changing Face of Fundamental Rights in Pursuit of Ecocentrism
Book SynopsisThis book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024. Table of ContentsChapter 1. Setting the Scene: From Environment as an Object to be Protected towards an Environmental Right(s)-based Approach - The International and EU Law Perspective.- Chapter 2. The Convention on the Rights of the Child: The Legal Basis for Environment-related Children’s Rights.- Chapter 3. A Child-centred Approach between the Lines of International and EU Environmental Law.- Chapter 4. Children in Pursuit of Environmental Human Rights: Current Practice and Future Prospects.- Chapter 5. Concluding Remarks.- Index.
£104.49
Oxford University Press, USA International Management of Hazardous Wastes The Basel Convention and Related Legal Rules Oxford Monographs in International Law
Book SynopsisThe Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal celebrates its tenth anniversary in 1999. As the only treaty addressing international transfer and environmentally sound management of hazardous wastes at the global level, the Basel Convention has gained universal recognition as the key legal instrument in this field. The anniversary presents an opportunity to assess its evolution , and to consider challenges for the future. Other existing relevant legal instruments have also evolved further, and new ones have been adopted. This book analyses the relationship of the Basel Convention with other pertinent legal rules, and proposes means to form a comprehensive global regulatory regime for hazardous waste management on the basis of the Convention. Since the book was first published, a number of important developments have taken place. Chief among these is the adoption of an amendment to the Basel Convention which provides for a ban on exports of hazardous wastes from OECD to non OECD countries. A tendency to impose similar restrictions can also be observed in other relevant legal instruments. The introduction to this book has therefore been revised by way of a substantial new preface to give an overview of the important developments since 1994, and their impact on the overall analysis.Trade ReviewA worthy addition to the Oxford Monographs in International Law series ... a well-researched and comprehensive reference work. * Nicholas Grief, Scottish Planning and Environmental Law, Aug 99 , no 74 *Table of ContentsAbbreviations ; Foreword ; Table of Cases ; Table of Legal Instruments of the EU and OECD ; Table of Treaties and other International Legal Instruments ; Preface ; Introduction ; 1. Transboundary Movements of Hazardous wastes in International Law ; 2. The Basel Convention: an Analysis and Assessment ; 3. The Basel Convention as an Umbrella for Regional Hazardous waste Treaties ; 4. The Relationship Between the Basel Convention and the Waste Management Systems of the EU and the OECD ; 5. The Basel Regime and Sectoral Pollution Control treaties ; 6. Ensuring Compliance: Relevant Concepts and Mechanisms ; 7. The Contribution of the Basel Convention and Related Rules to an Emerging Global aste Management System ; Appendices ; Bibliography ; Index
£66.50
Taylor & Francis Environmental Water Markets and Regulation
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Taylor & Francis Ltd International Law and Agroecological Husbandry Building legal foundations for a new agriculture Earthscan Food and Agriculture
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Taylor & Francis Ltd Marine Pollution Shipping Waste and International Law Routledge Research in International Environmental Law
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Taylor & Francis Sustainable Development Principles in the Decisions of International Courts and Tribunals
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Taylor & Francis Ecological Restoration in International Environmental Law
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Taylor & Francis The Global Climate Regime and Transitional Justice
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Taylor & Francis International Environmental Law and the Conservation of Coral Reefs 2 Routledge Research in International Environmental Law
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Taylor & Francis Ltd The WTO and the Environment Development of competence beyond trade Routledge Research in International Economic Law
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Taylor & Francis European Union and Environmental Governance Global Institutions
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Taylor & Francis Global Governance of Genetic Resources
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Taylor & Francis Wild Law In Practice
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Taylor & Francis Environmental Justice and the Rights of Ecological Refugees
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Taylor & Francis Environmental Justice and the Rights of Indigenous Peoples
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Taylor & Francis The Global Climate Regime and Transitional Justice
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Taylor & Francis Ltd Mountain Resorts Ecology and the Law Ecology and Law in Modern Society
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Taylor & Francis Ltd Key Materials in International Environmental Law
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Taylor & Francis Ltd Artists and Patrons in Postwar Britain No 2 Courtauld Research Papers
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Taylor & Francis Ltd The Sardar Sarovar Dam Project
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Taylor & Francis Ltd The Law and Ecology of Pesticides and Pest Management
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Taylor & Francis Ltd Environmental Liability and the Interplay between
Book SynopsisThe role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level.Given the book's focus and the transnational legal dimension of the issues covered, this volume will be of greaTable of ContentsPreface Acknowledgements Abbreviations Introduction—relevance of the topic and scope of the analysis 1. Background: the problem 2. The concept, role and function of liability in the environmental context 3. Environmental liability and access to justice 3.1. Access to justice in environmental matters 3.2. Access to justice and environmental liability 4. From theory to practice: current developments in environmental liability 4.1. The global picture 4.2. The elusive response of international law 5. Scope and aims of this book 5.1. Theoretical background 5.2. Focus, methodological approach and structure of the book PART 1Environmental liability in international law 1 The law of State responsibility and its application to environmental damage 1. Introduction 2. The responsibility of States for wrongful acts: general principles 3. Transboundary harm prevention and State responsibility 3.1. Early developments and evolution of the primary rules 3.2. From no-harm to prevention 3.3. Due diligence and environmental liability 3.4. The ‘significant harm’ threshold 3.5. The link of causality 4. From transboundary harm prevention and responsibility to States’ environmental liability 4.1. The concept of environmental damage 4.2. Reparation under the law of State responsibility 4.3. Valuation and assessment of environmental damage 5. Current challenges of the law of State responsibility in the environmental context 5.1. Non-state actors and State responsibility 5.2. The erga omnes character of environmental harms 6. State responsibility for environmental harm in the international States practice 7. Concluding remarks and assessment 2 The quest towards an international law framework of states’ environmental liability in the work of the ILC 1. State liability as a primary rule of international law 2. Environmental liability in the work of the ILC: from international liability to allocation of losses 3. Response measures and ex post prevention in the environmental field: between primary and secondary rules? 4. Conclusions 3 Civil liability for environmental damage in international treaties 1. Introductory remarks 2. The international liability framework for nuclear damage 2.1. The 1960 Paris and 1963 Vienna Conventions 2.2. The role of the state in the nuclear liability regime 2.2.1. State liability under the 1963 Vienna and 1960 Paris Conventions 2.3. Revising and enhancing the international nuclear liability regime 2.3.1. The 1988 linking protocol 2.3.2. The 1997 Vienna amending protocol2.3.3. The 1997 Convention on Supplementary Compensation (CSC) 2.3.4. The 2004 protocols amending the Paris and Brussels Conventions 2.4. The international nuclear liability framework: an assessment 3. International civil liability regimes for sea pollution damage 3.1. The 1969 civil liability convention and the 1971 fund convention 3.2. The 1992 revision protocols of the oil pollution liability framework 3.3. The definition of oil pollution damage 3.4. Revising the amount of compensation 3.5. The International Oil Pollution Compensation (IOPC) Fund 3.6. The 2003 Supplementary Fund 3.7. Oil pollution liability treaties in a multilevel context 4. Complementing the oil pollution regime: the HNS and Bunker oil liability conventions 5. The international liability framework and the protection of the marine environment 6. ‘Second generation’ environmental liability agreements 6.1. The 1993 Council of Europe’s Lugano Convention 6.2. The Nagoya-Kuala Lumpur supplementary protocol on liability for biodiversity damage 6.2.1. Liability and redress in the framework of the Biodiversity Convention 6.2.2. Liability for damage caused by LMOs 6.3. The liability annex to the Madrid Protocol on Environmental Protection 7. Conventional systems of international liability: a layered framework 8. Soft law developments in the field of environmental liability 9. Concluding remarks PART 2Harmonising environmental liability in the EU: Substantive and procedural legal aspects 4 The EU approach to environmental liability: The 2004/35 environmental liability directive 1. Introduction 2. Historical background 3. The underling regulatory and policy rationales 4. The Directive’s main elements and scope of application 4.1 Definition of ‘environmental damage’ 4.2. The natural resources covered 4.2.1. Damage to ‘biodiversity’ 4.2.2. Damage to water 4.2.3. Damage to land 4.3. A limited approach to environmental damage? 4.4. The notion of operator and the activities covered 4.5. The Directive’s temporal scope of application 4.6. Exceptions and defences under the Directive 4.7. Questions of causation and plurality of responsible parties 5. Enforcing environmental liability 5.1. Combining prevention and reparation for environmental harm 5.2. The competent authorities and the enforcement of the ELD’s liability regime 6. Remedies 7. Issues of access to justice under the ELD 8. Harmonising environmental liability in the EU: assessing the ELD and its potential added value 9. Concluding remarks 5 Transnational harm in Europe and the potential for a harmonised legal framework 1. Introduction 2. The harmonisation of conflict of law in Europe 3. The Brussels I Regulation and its application to transboundary environmental damage 4. Rome II regulation and the determination of applicable law 5. Transnational corporate litigation before domestic courts in Europe 6. Jurisdictional aspects, corporate liability and duty of care 7. The harmonisation of EU private international law rules: an assessment 8. Transboundary environmental liability litigation in Europe: perspectives after the ELD 9. The new proposal for a directive on corporate sustainability due diligence PART 3Exploring the interactions between EU law and international law 6 The EU’s contribution to international law-making in the field of environmental liability 1. Introduction 2. The EU’s participation in international agreements: general remarks 3. The principle of conferral and EU’s external competence 3.1. Express external competences 3.2. The doctrine of implied external powers 3.3. Choosing the appropriate legal basis 4. The practice of EU external relations 4.1. Mixed agreements 4.2. Member States acting as ‘trustees’ of the EU 5. The duty of cooperation and its impact on Member States’ external action 6. Reflections on the relationship between the EU legal order and international law 7. The participation of the EU in international environmental liability agreements 7.1. Liability agreements with an environmental dimension: the Nagoya-Kuala Lumpur Supplementary Protocol 7.2. Disrupting interaction? 7.3. The EU’s involvement in international civil liability treaties on marine pollution and nuclear damage 7.3.1. The external relations implications of Brussels I Regulation 7.3.2. The impact of the ELD on the EU’s participation in the marine pollution civil liability regime 7.4. EU’s and Member States’ ratification of international liability conventions 8. Interaction and coordination between liability regimes in a multilevel context 8.1. The practice of disconnection and non-affect clauses 8.2. Coordinating the ELD and the liability conventions on marine pollution and nuclear damage 8.3. Article 4 of the ELD 9. Environmental policy and governance perspectives on the interaction between the ELD and international law 10. Concluding remarks 7 Substantive aspects of the interplay between EU law and international environmental agreements 1. Introduction 2. The legal status and impact of international treaties to which the EU is a party in the EU legal order 2.1. The binding character of EU international agreements and the CJEU’s jurisdiction over them 2.2. Primacy of EU international agreements 3. The CJEU’s case-law and its approach to direct effect of international norms 4. Consistent interpretation 5. Towards a harmonious approach to the relationship between EU and international law 6. Consistent interpretation and the mutual supportiveness of EU law and international law in the field of environment 7. Interim findings 8. Between mutual supportiveness and complementarity in the CJEU’s case-law on environmental liability 9. Interactions and potential synergies between liability regimes in a multilevel context Conclusions 1. An evolving scenario 2. General trends and emerging principles 3. Environmental harms and the relationship between EU and international law: towards mutual supportiveness? 4. Closing remarks Bibliography Index
£87.39
Cambridge University Press Protecting the Polar Marine Environment
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Cambridge University Press The Antarctic Treaty Regime Law Environment and Resources Studies in Polar Research
Book SynopsisThe Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.Table of ContentsPart I. Antarctica: physical environment and scientific research: 1. Introduction; 2. The Antarctic physical environment D. J. Drewry; 3. Scientific opportunities in the Antarctic R. M. Laws; Part II. The Antarctic Treaty regime: legal issues: 4. Introduction; 5. The Antarctic scene: legal and political facts R. Trolle-Andersen; 6. The Antarctic Treaty system: a viable alternative for the regulation of resource-oriented activities F. Orrego Vicuna; 7. The relevance of Antarctica to the lawyer Hazel Fox; 8. The Antarctic Treaty system: some jurisdictional problems G. D. Triggs; Part III. The Antarctic Treaty regime: protecting the marine environment: 9. Introduction; 10. The Antarctic Treaty system as a resource management mechanism J. A. Gulland; 11. Regulated development and conservation of Antarctic resources M. W. Holdgate; 12. Recent developments in Antarctic conservation W. N. Bonner; 13. Environmental protection and the future of the Antarctic: new approaches and perspectives are necessary J. N. Barnes; Part IV. The Antarctic Treaty regime: minerals regulation: 14. Introduction; 15. Antarctic mineral resources: negotiations for a mineral resources regime A. D. Watts; 16. Mineral resources: commercial prospects for Antarctic minerals F. G. Larminie; 17. Negotiation of a minerals regime G. D. Triggs; Part V. Whither Antarctica? Future policies: 18. Introduction; 19. Current and future problems arising from activities in the Antarctic J. A. Heap; 20. Antarctica: the claims of 'expertise' versus 'interest' Zain-Azraai; 21. Whither Antarctica? Alternative strategies J. R. Rowland; Part VI: 22. Conclusion.
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Cambridge University Press Fairness in International Climate Change Law and Policy
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Cambridge University Press Transboundary Harm in International Law
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Cambridge University Press Managing and Transforming Water Conflicts
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Cambridge University Press Multilevel Governance of Global Environmental Change
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Cambridge University Press The International Law of Environmental Impact Assessment Process Substance and Integration 58 Cambridge Studies in International and Comparative Law Series Number 58
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Cambridge University Press lystersinternationalwildlifelaw
Book SynopsisThe development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work fTrade Review'The book closes on a cliff-hanger moment just before the events of the Tenth COP to the CBD, at which it was revealed - to nobody's surprise - that the international community had roundly failed to meet its 2010 commitments in halting global biodiversity loss. The reasons behind this collective failure are admirably covered in this excellent and highly recommended text, which shares the cautious optimism of the original in the potential of multilateral action to effect a genuine improvement in the conservation status of biodiversity … With this second edition, symbolically coinciding with a crucial year for international biodiversity law, the authors have produced a worthy successor to Lyster's celebrated original work.' Richard Caddell, Journal of Environmental LawTable of ContentsPart I. Foundations of International Wildlife Law: 1. The historical evolution of international wildlife law; 2. Wildlife and the international legal system; 3. The philosophical foundations of international wildlife law; 4. Implementation and enforcement of international wildlife law; Part II. Species Regulation: 5. Fish; 6. The International Convention for the Regulation of Whaling; 7. Birds; Part III. Regional Wildlife Regulation: 8. The Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; 9. The African Convention on the Conservation of Nature and Natural Resources; 10. The Convention on the Conservation of European Wildlife and Natural Habitats; 11. Polar regions; 12. Other regional and sub-regional arrangements; Part IV. Global Wildlife Regulation: 13. The Ramsar Convention on Wetlands; 14. World Heritage Convention; 15. The Convention on International Trade in Endangered Species of Wild Fauna and Flora; 16. The Convention on the Conservation of Migratory Species of Wild Animals; Part V. Biological Diversity: A New Perspective on Wildlife Regulation: 17. The Biodiversity Convention and biosafety protocol; 18. Deserts, forests and mountains; Part VI. Cross-Sectoral Issues in Wildlife Regulation: 19. Wildlife and trade; 20. Wildlife and welfare; 21. Wildlife and pollution; Part VII. Conclusion: 22. Final reflections.
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Cambridge University Press Rescuing Science from Politics
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