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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Protecting Endangered Species in the United States is a collection of original papers by economists, biologists and political scientists with a common theme--protecting species at risk while safeguarding social order is a policy challenge that entangles biology, politics, and economics. The volume begins by assessing the biological needs that define the endangered species problem. The authors then explore the political realities that delimit the debate--who pays the costs and receives the benefits, and how interest groups affect species protection. The book addresses the economic choices that must be confronted for effective protection strategies including incentive schemes to promote preservation on public and private land.
This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.
This innovative book models pollution mitigation as a negative externality whilst also providing desirable and useful solutions, such as establishing the triangular equivalence relationship among the Lindahl equilibrium without transfers, the Nash bargaining solution with the payoffs of the Cournot-Nash equilibrium as the status quo point, and the social optimum under the Lindahl weights. By introducing programming algorithms to validate these relationships numerically, Zili Yang bridges the gap between analytical results and empirical modelling, ultimately solving the Lindahl equilibrium and hybrid Nash equilibria in the influential RICE model. This text demonstrates the complexity and variety of environment externality problems, ranging from mixed externality to correlated externalities to environmental externality under IRS and policy applications. Integrating theory, algorithms and applications in a comprehensive framework, The Environment and Externality will benefit scholars and students working across environmental, resource and climate change economics.
This volume examines women and wildlife trafficking via a collection of narratives, case studies and theoretical syntheses from diverse voices and disciplines. Wildlife trafficking has been documented in over 120 countries around the world. While species extinction and animal abuse are major problems, wildlife trafficking is also associated with corruption, national insecurity, spread of zoonotic disease, undercutting sustainable development investments and erosion of cultural resources, among others. The role of women in wildlife trafficking has remained woefully under-addressed, with scientists and policymakers failing to consider the important causes and consequences of the gendered dimensions of wildlife trafficking. Although the roles of women in wildlife trafficking are mostly unknown, they are not unknowable. This volume helps fill a lacuna by examining the roles and experiences of women with case studies drawn from across the world, including Mexico, Cameroon, the Central African Republic, South Africa and Norway. Women can be wildlife trafficking preventors, perpetrators, and pawns; their roles in facilitating wildlife trafficking are considered from both a supply and a demand viewpoint. The first half of the book assesses the range of science, offering four different perspectives on how women and wildlife trafficking can be studied or evaluated. The second half of the book profiles diverse case studies from around the world, offering context-specific insight about on-the-ground activities associated with women and wildlife trafficking. This book will be of great interest to students and scholars of wildlife crime, environmental law, human geography, conservation, gender studies and green criminology. It will also be of interest to NGOs and policymakers working to improve efficacy of efforts targeting wildlife crime, the illegal wildlife trade and conservation more broadly.
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.
Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU's overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science. This text can also be read with the authors' A Guide to US Environmental Law for a comparative look at how two important jurisdictions in the world deal with key environmental problems.
The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.
Although it is usually assumed that only the federal government can confer citizenship, localities often give residents who are noncitizens at the federal level the benefits of local citizenship: access to medical care, education, housing, security, labor and consumer markets, and even voting rights. In this work, Kenneth A. Stahl demonstrates that while the existence of these 'noncitizen citizens' has helped to reconcile competing commitments within liberal democracy to equality and community, the advance of globalization and the rise of nationalist political leaders like Donald Trump has caused local and federal citizenship to clash. For nationalists, localities' flexible approach to citizenship is a Trojan horse undermining state sovereignty from within, while liberals see local citizenship as the antidote to a reactionary ethnic nationalism. This book should be read by anyone who wants to understand why citizenship has become one of the most important issues in national politics today.
Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.
How to tackle environmental damage from the throwaway society is one of the defining questions of the twenty-first century. By establishing a circular economy, we can encourage and support sustainable production and consumption. These essays by an international group of leading scholars from a range of disciplines analyse policies and legal instruments and challenge mainstream assumptions, from the choice of a policy mix to the actual effect of imposing standards on the market, and from corporate objectives and priorities to the use of precaution in assessing particularly harmful substances. Each chapter contributes to a better understanding of the current policy and regulatory framework in Europe and identifies the challenges and opportunities ahead. The book breaks new ground by examining how product policies can contribute to important objectives and visions, such as the aims of the circular economy. It is a must-read for researchers as well as for policymakers and practitioners.
The modern era is facing unprecedented governance challenges in striving to achieve long-term sustainability goals and to limit human impacts on the Earth system. This volume synthesizes a decade of multidisciplinary research into how diverse actors exercise authority in environmental decision making, and their capacity to deliver effective, legitimate and equitable Earth system governance. Actors from the global to the local level are considered, including governments, international organizations and corporations. Chapters cover how state and non-state actors engage with decision-making processes, the relationship between agency and structure, and the variations in governance and agency across different spheres and tiers of society. Providing an overview of the major questions, issues and debates, as well as the theories and methods used in studies of agency in earth system governance, this book provides a valuable resource for graduate students and researchers, as well as practitioners and policy makers working in environmental governance. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.
In response to an Executive Order by former California Governor Schwarzenegger, an evaluation of the implications to California of possible climate changes was undertaken using a scenario-based approach. The Scenarios Project investigated projected impacts of climate change on six sectors in the California region. The investigation considered the early, middle and later portions of the twenty-first century, guided by a set of IPCC Fourth Assessment global climate model runs forced by higher and lower greenhouse gas emission scenarios. Each of these climate simulations produce substantial impacts in California that would require adaptations from present practices or status. The most severe impacts could be avoided, however, if emissions can be held near the lower end of global greenhouse gas emissions scenarios.Reprinted from Climatic Change, Vol. 109: Supplement 1 (2011)
From the hill country in the north to the marshy lowlands in the south, Louisiana and its citizens have long enjoyed the hard-earned fruits of the oil and gas industry's labor. Economic prosperity flowed from pioneering exploration as the industry heralded engineering achievements and innovative production technologies. Those successes, however, often came at the expense of other natural resources, leading to contamination and degradation of land and water. In A Thousand Ways Denied, John T. Arnold documents the oil industry's sharp interface with Louisiana's environment. Drawing on government, corporate, and personal files, many previously untapped, he traces the history of oil-field practices and their ecological impacts in tandem with battles over regulation. Arnold reveals that in the early twentieth century, Louisiana helped lead the nation in conservation policy, instituting some of the first programs to sustain its vast wealth of natural resources. But with the proliferation of oil output, government agencies splintered between those promoting production and others committed to preventing pollution. As oil's economic and political strength grew, regulations commonly went unobserved and unenforced. Over the decades, oil, saltwater, and chemicals flowed across the ground, through natural drainages, and down waterways. Fish and wildlife fled their habitats, and drinking-water supplies were ruined. In the wetlands, drilling facilities sat like factories in the midst of a maze of interconnected canals dredged to support exploration, manufacture, and transportation of oil and gas. In later years, debates raged over the contribution of these activities to coastal land loss. Oil is an inseparable part of Louisiana's culture and politics, Arnold asserts, but the state's original vision for safeguarding its natural resources has become compromised. He urges a return to those foundational conservation principles. Otherwise, Louisiana risks the loss of viable uses of its land and, in some places, its very way of life.
As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.
Climate change is among the world's most important problems, and solutions based on emission cuts or adapting to new climates remain elusive. One set of proposals receiving increasing attention among scientists and policymakers is 'solar geoengineering', (also known as solar radiation modification) which would reflect a small portion of incoming sunlight to reduce climate change. Evidence indicates that this could be effective, inexpensive, and technically feasible, but it poses environmental risks and social challenges. Governance will thus be crucial. In The Governance of Solar Geoengineering, Jesse L. Reynolds draws on law, political science, and economics to show how solar geoengineering is, could, and should be governed. The book considers states' incentives and behavior, international and national law, intellectual property, compensation for possible harm, and non-state governance. It also recommends how solar geoengineering could be responsibly researched, developed, and - if appropriate - used in ways that would improve human well-being and ensure sustainability.
This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.
This textbook presents key theoretical approaches to understanding issues of sustainability and environmental management, perfectly bridging the gap between engineering and environmental science. It begins with the fundamentals of environmental modelling and toxicology, which are then used to discuss qualitative and quantitative risk assessment methods, and environmental assessments of product design. It discusses how business and government can work towards sustainability, focusing on managerial and legal tools, before considering ethics and how decisions on environmental management can be made. Students will learn quantitative methods while also gaining an understanding of qualitative, legal, and ethical aspects of sustainability. Practical applications are included throughout, and there are study questions at the end of each chapter. PowerPoint slides and jpegs of all the figures in the book are provided online. This is the perfect textbook on environmental studies for engineering and applied science students.
Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value addition and beneficiation in terms of domestic processing of raw mineral ores and metals in Africa; and the promotion of sustainable practices in the mining sector. This book analyzes the legal and fiscal frameworks for hard-rock mining in several African countries including Botswana, Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Kenya, Namibia, Nigeria, Liberia, Tanzania, Sierra Leone, South Africa, South Sudan, Zambia, and Zimbabwe, with reference to other resource-rich countries. It engages in a comparative analysis of mining statutes in Africa with regard to topics such as the acquisition of mineral rights; types of mineral rights; the nature of mineral rights; the rights and obligations of mineral right holders; security of mineral tenure; surface rights; fiscal regimes including royalty and tax regimes; resource nationalism in the mining sector; management and utilization of mining revenues including benefit-sharing arrangements between mining companies and host communities; environmental stewardship; and sustainable exploitation of mineral resources.
The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.
This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.
Europe still retains large areas which play host to numerous native and free-functioning ecosystems and lack roads, buildings, bridges, cables and other permanent manifestations of modern society. In the past such areas were considered wastelands, whose value lay only in their potential for cultivation and economic exploitation. Today, these wilderness areas are increasingly cherished as places for rest and recreation, and as important areas for scientific research, biodiversity conservation and the mitigation of and adaptation to certain climate change effects. This book provides the first major appraisal of the role of international, European and domestic law in protecting the remaining wilderness areas and their distinguishing qualities in Europe. It also highlights the lessons that can be learned from the various international, regional and national approaches, identifies obstacles to wilderness protection in Europe and considers whether and how the legal protection of wilderness can be further advanced.
This book provides a comprehensive socio-legal examination of how global efforts to fight climate change by reducing carbon emissions in the forestry sector (known as REDD+) have affected the rights of indigenous peoples and local communities in developing countries. Grounded in extensive qualitative empirical research conducted globally, the book shows that the transnational legal process for REDD+ has created both serious challenges and unexpected opportunities for the recognition and protection of indigenous and community rights. It reveals that the pursuit of REDD+ has resulted in important variations in how human rights standards are understood and applied across multiple sites of law in the field of REDD+, with mixed results for indigenous peoples and local communities in Indonesia and Tanzania. With its original findings, rigourous research design, and interdisciplinary analytical framework, this book will make a valuable contribution to the study of transnational legal processes in a globalizing world. This title is also available as Open Access.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic. |
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