This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of "nature" as "property" and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.

This authoritative Research Handbook presents, for the first time, a comprehensive overview of the salient content and major developments in environmental law in transitional China. Through this rigorous examination, it gives a unique insight into the implementation problems and reform needs of environmental governance in China. This timely book explores the core concepts, basic mechanisms and key challenges of Chinese environmental law, extending the frontier of understanding in this fundamental area. Combining theory and practice, the expert contributors provide an introduction to and comments on relevant environmental laws and regulations and their latest developments. The Research Handbook builds upon previous knowledge of Chinese environmental law, divulging concerns on redressing environmental protection issues in the context of economic growth and sustainable development. Readers will gain a discerning insight into the nuances of environmental regulation in China from this extensive review. This necessary exploration of Chinese environmental law will be an indispensible reference point for academics and advanced students of environmental studies in general, and environmental law in particular. Practitioners will find the work both informative and important. Contributors: H. Chang, S. Chen, X. Jiang, N. Liu, T. Qin, S. Ren, X. Tou, H. Wang, W. Yu, J. Zhang, S. Zhang, X. Zhao, C. Zhou

Doing Research in Urban and Regional Planning provides a basic introduction to methodology and methods in planning research. It brings together the methods most commonly used in planning, explaining their key applications and basic protocols. It addresses the unique needs of planners by dealing with concerns which cut across the social, economic, and physical sciences, showing readers how to mobilise fresh combinations of methods, theoretical frameworks and techniques to address the complex needs of urban and regional development. It includes illustrative case studies throughout to help planning students see how methods can be operationalised on the ground and connect research with urban and regional planning practice to build foundations for action. The book pays attention to contemporary trends - such as the growth in information technology, and general shifts in urban and environmental governance - that are affecting the practicalities and protocols of doing planning research. Doing Research in Urban and Regional Planning also encourages ethical reflection and discusses the ethical issues specific to planning research. Each chapter begins with a chapter outline with learning outcomes and concludes with take-home messages and suggested further readings. It also suggests a range of learning activities and discussion points for each method.

Winner of the Julia Ward Howe Prize "The gripping story of the most important environmental law case ever decided by the Supreme Court." -Scott Turow "In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we've come-and how far we still must go." -Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate "any air pollutant" thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5-4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. "There's no better book if you want to understand the past, present, and future of environmental litigation." -Elizabeth Kolbert, author of The Sixth Extinction "A riveting story, beautifully told." -Foreign Affairs "Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system." -Science

Contents:
The Relationship between Energy, the Environment Imperatives and Scientific Drivers Regulation, Energy Resources and the Environment The Regulatory Bodies The International Dimension European Energy Law and Policy Trade, Competiton and the Environment The Regulation of the Coal Industry Environmental Protection and Onshore Oil and Gas The Exportation and Exploitation of Oil and Gas in the Marine Environment Nuclear Energy and the Environment The Electricity Supply Industry Sustainable Energy and Climate Change

Environmental justice is one of the most controversial and important issues in contemporary social science. Volume 8 of the "Energy and Environmental Policy" series challenges our understanding of environmental justice in a global context. It includes theoretical investigations and case studies by leading authors in the field. Global forces of technology and the development of global markets are transforming social life and the natural order. These changes require a critical examination of nature-society relations. Increasingly, modernization assigns the risks of modernity to those with the least power and greatest vulnerability to environmental harm. Conventional environmentalism, which focuses on critique of the effects of humanity against nature, is inadequate to the challenges of globalization. In particular, it fails to explain sources of persistent patterns of social injustice that accompany escalating environmental exploitation. As the capacity for environmental destruction expands, broader concerns about environmental injustice have come to the fore, including awareness of threats to whole cultures, ways of life, and entire ecologies. The volume's authors consider the links between expanded patterns of environmental injustice and the structures and forces underlying and shaping the international political economy. Environmental injustice is examined across a variety of cultures in the developed and developing world. Through case studies of climate colonialism, revolutionary ecology, and environmental commodification, the global and local dimensions of the problem are presented. The latest volume in this important series demonstrates that environmental justice cannot be reduced to simple parables of indifference, prejudice, or appropriation. It forges understanding of environmental injustice as a development of international political economy itself. Likewise, initiatives on behalf of environmental justice are seen as elements of broader movements to secure self-determination in a globalizing world. This book will be of interest to policymakers, energy and environmental experts, and all those interested in the environment and environmental law. It provides new perspectives on the place of environmental justice in international political and economic conflict. John Byrne is director of the Center for Energy and Environmental Policy, University of Delaware. Leigh Glover is a research fellow at the same Center. Cecilia Martinez is a professor of ethnic studies at the Metropolitan State University (Minnesota) and a research associate of the American Indian Research and Policy Institute.

In fifty years, European private international law has undergone significant changes. Increased globalization and the emergence of e-commerce has led to a greater need for and more widespread reliance on private international law. As a result, most legal practitioners can no longer avoid it in their day-to-day practices.Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference.European Private International Law at 50 is the written result of the 2018 conference. It brings together legal experts and provides the reader with a thorough examination of the most important aspects of the field, considering possible future developments and the impact of Brexit

There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.

This book argues that a key means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in order to elaborate the legislative tools necessary to ensure Indigenous participation in the water management landscape.

In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new 'river persons,' show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States' diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders' role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

Analyzing the impact and benefits of nuclear energy on environment, this book examines nuclear treaties in relation to environmental protection, highlights legal framework on non-proliferation and denuclearization, explores treaties on nuclear safety and nuclear security, discusses legal regimes on management of nuclear wastes, assesses the third-party liability regime and discusses the role of IAEA, EURATOM and NEA in regulating nuclear energy. It explores nuclear energy in the context of climate change and sustainable development. This book also examines the international legal framework on notification, assistance and emergency preparedness in the event of nuclear accidents, considers legal aspects of decommissioning of nuclear power plants and main legislative trends on nuclear energy use in selected countries. It also addresses regulatory responses to nuclear energy in the wake of the Fukushima power plant nuclear accident in Japan.

Environmental degradation in China has not only brought a wider range of diseases and other health consequences than previously understood, it has also taken a heavy toll on Chinese society, the economy, and the legitimacy of the party-state. In Toxic Politics, Yanzhong Huang presents new evidence of China's deepening health crisis and challenges the widespread view that China is winning the war on pollution. Although government leaders are learning, stricter and more centralized policy enforcement measures have not been able to substantially reduce pollution or improve public health. Huang connects this failure to pathologies inherent in the institutional structure of the Chinese party-state, which embeds conflicting incentives for officials and limits the capacity of the state to deliver public goods. Toxic Politics reveals a political system that is remarkably resilient but fundamentally flawed. Huang examines the implications for China's future, both domestically and internationally.

This book is the fifth volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative established by environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is the organisation of an annual conference.The fifth EELF Conference dedicated to 'Sustainable Management of Natural Resources - Legal Instruments and Approaches' was held in Copenhagen from the 30th of August to the 1st of September 2017 at the Faculty of Science, University of Copenhagen, in collaboration with the Department of Law, Aarhus University.This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials. Based on the contributions, it can be asserted that despite many efforts there is still a long way to go in order to achieve sustainable management of natural resources. Making ecosystem integrity ultimately the bottom-line for sustainable development requires not only dedication in the design and coherence of (environmental) legislation at international, EU and national level, but also a strong commitment to the implementation and enforcement of the legislation. Thus, it is necessary to carefully consider how different legal instruments and approaches may pave the way for the sustainable management of natural resources.

Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

This newly revised edition is an up-to-date and concise volume, clarifying the Building Acts and Regulations relating to houses, flats and maisonettes, for all construction professionals and students. Each chapter forms a self-contained unit covering all the regulation requirements applicable to a particular part of a building, dealing with each part in turn. With this single volume, professionals can ensure that all regulations are fully covered in respect of houses, flats and maisonettes. Inclusion of the July 1995 changes in the Acts and Regulations ensures the text provides the very latest information. An ideal reference book for architects, builders, structural and building services engineers. Essential supplementary reading for students undertaking courses in any of the above at HNC, HND and degree level.

This volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from 'thick' to 'thin' to determine the regime's legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.

A valuable tool, this comprehensive reference simplifies the time-consuming process of searching through more than 14,000 pages of the Title 40 and 29 Code of Federal Regulations for sampling, analysis, and monitoring methods requirements, designated each year by EPA. Completely updated and greatly expanded from the previous edition, this edition features a new appendix containing the "EPA Index to Test Methods" and new sections on FIFRA, TSCA, noise control, and OSHA safety program. Within just one volume, you'll find all the tables and listings of measurement methods that you need from eight major Acts: Clean Water Act; Safe Drinking Water Act; Resource Conservation and Recovery Act; Clean Air Act; Federal Insecticide, Fungicide and Rodenticide Act; Noise Control Act; Toxic Substances Control Act; and Occupational Safety and Health Act. To make your job even easier, this book also contains chemical cross-reference tables by alphabetical order and CAS number order.

Total Environmental Compliance: A Practical Guide for Environmental Professionals gives you the background and skills you need to ensure total environmental compliance in your organization. Instead of dryly describing theoretical management systems or reciting regulatory provisions, the author delves into the challenging issues of why organizations disregard this important issue and explains how to promote compliance-oriented attitudes throughout the entire organization.
The Guide focuses on critical elements such as communication skills, hiring and retaining qualified employees, managing environmental information, and maintaining high standards of professionalism. Other topics covered include: how to understand environmental requirements, why organizations violate environmental laws, and the aspects of permitting, designing, and monitoring that must be considered to achieve and sustain compliance. Case studies illustrate actual instances of individuals and organizations who ran afoul of environmental laws because they disregarded the basic principles of environmental compliance.
Total Environmental Compliance: A Practical Guide for Environmental Professionals explores how noncompliance occurs and how to avoid it using techniques that address legal requirements. It shows you how to protect your organization from the expensive and time consuming litigation that occurs when environmental laws are ignored or interpreted incorrectly.

First published in 1999 , the book is based on papers given at the final workshop of a research project into the evolution of environmental regulation in Poland undertaken as part of the UKs ERSC Global Environmental Change Programme. Other invited papers focused on the development of regulatory policy in transforming economies and in the UK. Furthermore the book highlights the weakness of internal political processes in Poland and the important role played by foreign sponsored pressures whilst exsamaning the divergence between the way environmental charges are supposed to operate and the ways in which they are implemented and enforced. Topics covered include the links between privatisation and the environment, the saline water problem in Upper Silesia, enforcement of and compliance with environmental charges, air pollution in Krakow and the structure of the Polish environmental administration system.

First published in 1997, this volume responds to the challenges faced in post-Communist Eastern Europe in the privatization and decollectivisation of agriculture. The contributors feature specialists in agriculture, finance, economics and political science. They begin with discussions on the political economy of privatization and a historical overview and continue with thoughts on agricultural decollectivization in twelve countries across Eastern Europe including Albania, the Baltic countries, Bulgaria, Slovakia and Hungary. The project reflects the basic framework of endogenous institutional change and policy analysis, and uses a political economy framework to explain and interpret these agricultural trends.

Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.