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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This compilation of key materials in international environmental law takes account of the most significant developments in the field that have occurred during the past decade, including in the areas of climate change, chemicals and pesticides, biosafety, and nuclear safety, as well as good governance, compliance and liability. Not only does multilateral environmental law making have wide-ranging repercussions on the way national development policies are drafted and business is conducted, but also environmental issues increasingly interweave with those relating to human rights, trade, agriculture and intellectual property, making familiarity with the key instruments in international law essential for all working in these areas. The book comprises a representative selection of the most important studies in international environmental law, with an editorial introduction to each topic. Its focus on recent trends and cross-sectoral aspects makes it an indispensable tool for students, researchers, practitioners and policy makers in international environmental law and related fields.
This book is open access under a CC BY 4.0 license. This book takes an in-depth look at Louisiana as a state which is ahead of the curve in terms of extreme weather events, both in frequency and magnitude, and in its responses to these challenges including recovery and enhancement of resiliency. Louisiana faced a major tropical catastrophe in the 21st century, and experiences the fastest rising sea level. Weather specialists, including those concentrating on sea level rise acknowledge that what the state of Louisiana experiences is likely to happen to many more, and not necessarily restricted to coastal states. This book asks and attempts to answer what Louisiana public officials, scientists/engineers, and those from outside of the state who have been called in to help, have done to achieve resilient recovery. How well have these efforts fared to achieve their goals? What might these efforts offer as lessons for those states that will be likely to experience enhanced extreme weather? Can the challenges of inequality be truly addressed in recovery and resilience? How can the study of the Louisiana response as a case be blended with findings from later disasters such as New York/New Jersey (Hurricane Sandy) and more recent ones to improve understanding as well as best adaptation applications - federal, state and local?
This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.
This book is the third volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative of 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 an annual conference. This book bundles 15 contributions from those presented during the Third EELF Conference in Aix-en-Provence, hosted by the CERIC, Aix-Marseille University, from 2 to 4 September 2015.The central topic of the book is the effectiveness of environmental law. Indeed the impressive developments in environmental law in recent years have not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to human health have never been so numerous or so serious. Paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches to the topic. Suggestions for improving the effectiveness of environmental law range from classic yet still necessary approaches working within criminal and administrative channels, such as civil sanctions, liability rules and strengthening the regulatory structure and the role of judges, to more innovative methods involving public participation, collaborative or hybrid governance and private environmental enforcement.
Few nations rely upon the ocean as much as Japan for livelihood, culture and transport. The seas have long played a vital role for the Japanese, helping to support the economic and social life of a nation that possesses few resources and little arable land, and sustain a population that has nearly tripled in the last century. Fish are a distinctive feature of the Japanese diet, constituting nearly half of all animal protein consumed - the highest rate in the world. The industry itself has provided an impetus for coastal community growth and national economic development over the past century, while fisheries have worked their way into Japanese culture and customs, serving as a dominant symbol in traditional arts and folklore. This book explores the overarching rationale that motivated Japanese international fisheries policy throughout the post-war period until today, highlighting the importance of international fisheries to Japan and the stature this resource has occupied as a national interest. It provides a comparative view of Japanese foreign policy at various ocean conferences, treaty negotiations, bilateral diplomatic initiatives and other maritime relations that constitute ocean policy over half a century, and investigates the domestic constituents of national policy. Roger Smith argues that the rationale for international fisheries policy may be best viewed as deriving from Japan's unique defence strategy for its national interests: comprehensive security. Encompassing non-military elements and most importantly defence of economic interests, Japan's international fisheries policy provides an interesting case study of how comprehensive security is conceptualised and carried out. Taking a broad view of Japan's international fisheries policies from 1945 to the present, this book highlights the key trends in policy motives and means throughout the post-war period. As such, it will be of great interest to students and scholars of Japanese studies, international and environmental law, resource management and international relations, as well as to policy makers working in the field.
Environmental Politics Casebook: Genetically Modified Foods includes testimony, journal and newspaper articles, book chapters, and interest group communications such as press releases and on-line briefs, as well as other studies and reports that constitute the principal elements of the public debate on the genetic modification of food. A companion to Environmental Politics: Interest Groups, the Media, and the Making of Policy, it provides the substantive, detailed, case-in-point application for practices and principles previously discussed only in theory, keeping the basic text compact and current.
This book is designed to be used as a textbook for Urban/Community Forestry courses and a handbook for Shade Tree Commissions, tree wardens, State and National Forestry Services, and professional societies. The chapters have been written by experts in each subfield who are active practitioners.Designed urban environments and community forests are the only structures that appreciate in size and value, whereas all other built structures depreciate. The quality of life and sense of community that comes from our urban and community forests is enhanced when we can derive benefits from the living landscape.
Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them:Aim Higher andCommon Pitfalls offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus QandAs and multiple-choice questions to help you focus your revision more effectively.
Water is a basic human need, and despite predictions of "water wars," shared waters have proven to be the natural resource with the greatest potential for interstate cooperation and local confidence building. Indeed, water management plays a singularly important role in rebuilding trust after conflict and in preventing a return to conflict. Featuring nineteen case studies and analyses of experiences from twenty eight countries and territories in Africa, Asia, Europe, the Americas, and the Middle East, and drawing on the experiences of thirty-five researchers and practitioners from around the world, this book creates a framework for understanding how decisions governing water resources in post-conflict settings can facilitate or undermine peacebuilding. The lessons will be of value to practitioners in international development and humanitarian initiatives, policy makers, students, and others interested in post-conflict peacebuilding and the nexus between water management and conflict. Water and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high-value resources, land, livelihoods, assessing and restoring natural resources, and governance.
Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
The rapid industrialization of societies has resulted in radical changes to the Earth's biosphere and its local ecosystems. Climate scientists have recorded and forecasted worrying global temperature rises going back to the early twentieth century, while biologists and palaeontologists have suggested that the next mass extinction is on its way if the current rate of species loss continues. To avert further ecological damage, excessive natural resource use and environmental deterioration are challenges that humanity must deal with now. The human species has had such a significant impact on the natural environment that the present geological epoch can be referred to as the 'Anthropocene', the age of humans. The blame and responsibility for the prevailing unsustainability, however, cannot be assigned equally to all humans. To analyse the root problems and consequences of unsustainable development, as well as to outline rigorous solutions for the contemporary age, this transdisciplinary book brings together natural and social sciences under the rubric of the Anthropocene. The book identifies the central preconditions for social organization and governance to enable the peaceful coexistence of humans and the non-human world. The contributors investigate the burning questions of sustainability from a number of different perspectives including geosciences, economics, law, organizational studies, political theory and philosophy. The book is a state-of-the-art review of the Anthropocene debate and provides crucial signposts for how human activities can, and should, be changed.
In England, it has been possible since 2013 to convert an office building into residential use without needing planning permission (as has been required since 1948). This book explores the consequences of this central government driven deregulation on local communities. The policy decision was primarily about boosting the supply of housing, but reflects a broader neoliberal ideology which seeks to reform public planning in many countries to reduce perceived interference in free markets. Drawing on original research in the English local authorities of Camden, Croydon, Leeds, Leicester and Reading, the book provides a case study of the implementation of planning deregulation which demonstrates the lowering of standards in housing quality, the reduced ability of the local state to proactively steer development and plan for their places, and the transfer of wealth from the public to private spheres that has resulted. Comparative case studies from Glasgow and Rotterdam call into question the very need for the deregulation in the first place.
This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school
This book has been developed in association with the Cultural Heritage Department of the Council of Europe. It examines key themes and objectives for the protection of the architectural and archaeological heritage in a range of European countries. The analysis of individual countries and the group as a whole gives an assessment of how advanced current mechanisms are and the ongoing problems that remain to be managed in order to safeguard the 'common heritage'.
This book takes an interdisciplinary look at environmental protection during Poland's transition to market democracy. The contributors are recognised experts in their fields, making this an authoritative volume, combining the perspectives of economists, legal scholars, political scientists and sociologists.
No other European laws are so frequently violated as environmental directives. This informative and illuminating volume explains why member states have repeatedly failed to comply with European Environmental Law. It challenges the assumption that non-compliance is merely a southern problem. By critically comparing and analyzing Spain and Germany, the volume demonstrates that both northern leaders and southern laggards face compliance problems if a European policy is not compatible with domestic regulatory structures. The North-South divide is therefore much more complex than previously thought. Examining each country's capabilities of shaping European policies according to its environmental concerns and economic interests, the book debates the possible outcomes if the European Union does not come to terms with the leader-laggards dynamics in environmental policy-making. It will be a prime resource for anyone concerned with environmental policy-making and law, particularly within the EU, as well as those interested in environmental and political geography.
The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio 'Earth Summit' UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world's Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.
Climate change is arguably the most important environmental issue that the world currently faces. Carbon Capture and Storage (CCS) offers the possibility of significant reductions in the volume of CO2 released into the atmosphere in the near to medium term. As a fairly new technology that has not been widely adopted, there remain some uncertainties related to both viability and desirability. This book discusses the key issues with regard to technical and legal feasibility, economic viability and public and stakeholder perceptions. It also provides recommendations for policy and future research.
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.
While water is an increasingly scarce resource, most existing methods to allocate it are neither economically nor environmentally efficient. In these circumstances, water markets offer developed countries a form of regulatory response capable of overcoming many of the shortcomings of current water management. The debate on water markets is, however, a polarized one. This is mostly a result of the misunderstanding of the roles played by governments in water markets. Proponents mistakenly portrayed them as leaving governments, for the most part, out of the picture. Opponents, in turn, understand commodification of water and administration by public agencies as incompatible. Casado Perez argues that both sides of the debate overlook that water markets require a deeper and more varied governmental intervention than markets for other goods. Drawing on economic theories of regulation based on market failure, she explains the different roles governments should play to ensure a well-functioning water market, and concludes that only the visible hand of governments can ensure the success of water markets. Casado Perez proves her case by examining case studies of California and Spain to assess the success of their water markets. She explores why water markets were more extensively institutionalized in California than in Spain in the first ten years since their introduction and how the role of governments in each case study impacted water market operation. This unique analysis of governmental roles in water markets, alongside qualitative studies of California and Spain, offers valuable guidance to understand environmental markets and to face the challenges presented by water management in regions with periodical droughts.
This edited volume presents a comprehensive and comparative view of the law of international watercourses with special reference to the issues facing the Ganges River basin. It provides an analysis of the development of international waterways law and outlines the essentials of the UN Convention on non-navigational uses of international watercourses. Focusing on relations between the three riparian states of the River Ganges and the potential for cooperation, the volume also examines the domestic legal regimes of the area and the political dimension to the issues of sharing the waters of the river. The work presents a comparative picture with an analysis of developments in the Rhine and Mekong basins, comparing developments in the legal regimes of these areas with the experience of South Asia. Presenting an up-to-date analysis of the current law and pointing the direction for future developments, this collection will be a valuable resource for academics, researchers and policy makers working in this area.
The international legal rules affecting renewable alternative energy resources are amongst the most important legal and environmental concerns of the near future. As traditional energy sources are depleted, new technologies are being developed to harness the potentials of wave, current and tidal energy, coastal wind power, offshore geothermal, polar energy resources and space-based solar collection. This book is the first comprehensive analysis of the legal rules governing the alternative energy resource potential of all international common areas - the high seas, the polar zones (especially Antarctica) and outer space. In a detailed, but precisely analyzed text, the book also reviews the international environmental rules affecting exploration, exploitation and use of internationally situated energy resources, alongside resources located offshore under national jurisdictions. This is accompanied by a critical look at the connection between efforts to control greenhouse gases and the growing interest in non-polluting alternatives found in the international "commons . The result is a work of unprecedented value for environmental and international law academics and practitioners, as well as those interested in environmental resource economics and politics.
This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.
This book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.
This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: * The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. * The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. * Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. * Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. * Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field. |
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