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 examines the global, local, and specific environmental factors that facilitate illegal fishing and proposes effective ways to reduce the opportunities and incentives that threaten the existence of the world's fish. Humans are deeply dependent on fishing-globally, fish comprise 15 percent of the protein intake for approximately 3 billion people, and 8 percent of the global population depends on the fishing industry as their livelihood. The global fishing industry is plagued by illegal fishing, however, and many highly commercial species, such as cod, tuna, orange roughy, and swordfish, are extremely vulnerable. Through criminological analysis, The Last Fish Swimming emphasizes the importance of looking at specific environmental factors that make illegal fishing possible. It examines such factors as proximity to known ports where illegally caught fish can be landed without inspection (i.e., ports of convenience), fisheries monitoring, control and surveillance efforts, formal surveillance, and resource attractiveness in 53 countries that altogether represent 96 percent of the world's fish catch. The book calls upon the global community to address the illegal depletion of the world's fish stock and other similar threats to the world's food supply and natural environment in order to ensure the sustainability of the planet's fish and continuation of the legal fishing industry for generations to come. Provides a criminological analysis of illegal fishing through the application of two important environmental criminology perspectives (rational choice and situational crime prevention) Highlights the countries most at risk, i.e. hot spots of illegal fishing, and the ports most frequently used to land illegally caught fish Discusses environmental factors that increase or reduce the risk of illegal fishing Includes summary tables on the most vulnerable species and on global, regional, and local factors contributing to illegal fishing Provides a toolbox of empirically founded policy recommendations on how illegal fishing can be stopped

Given the rapid spread of ETSs in an increasing number of countries and the important role that they are likely to play for the success or failure of the environmental policy in the years to come, this book provides an interdisciplinary analysis of the EU ETS from both the legal and economic perspectives comparing it with the other main ETSs existing worldwide, in order to assess whether the EU ETS has truly represented a prototype for the other ETSs established around the world and to investigate the current perspectives for linking them in the future.Through the years, the EU ETS has progressively gained a paramount position within the EU environmental policy and climate change legislation and currently represents the most striking flagship in this sector, with more than 11.000 installations covered by the scheme. In parallel, the EU ETS has paved the way for the establishment of many other ETSs in several other jurisdictions. Such schemes are now recognized worldwide as the "cornerstones" of the climate change policy.

One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a 'protection gap'. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states). The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term 'climate refugees' is indeed correct and should be relied upon. The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of 'cross-governance', through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.

This book addresses the livelihood impacts of climate change, vulnerability and adaptation measures on the forest dependent communities of India. Research presented here focuses on three different agro-climatic areas of West Bengal, namely the coastal Sundarban, the drought-prone region and the mountainous region. Readers will discover the main climate induced vulnerabilities that affect livelihoods of forest communities, understand how to evaluate the expected impacts of climate change at different levels under different climate change scenarios, and be able to assess and measure the implied major social, environmental and economic impacts. Particular attention is also given to the role of the Indian governmental policy (including national forest policy of 1988) to reduce climate-related vulnerabilities. Chapters also highlight two main approaches to vulnerability assessment in socio-ecological systems. The first is the impact-based approach, which assesses the potential impacts of climate change on forest dependent people. The second is the vulnerability-based approach, which assesses social sensitivity and adaptive capacity to respond to stresses. Development practitioners, government implementing agencies, and researchers in environmental science and policy will find this book appealing.

This volume draws on the ecojustice, citizen science and youth activism literature base in science education and applies the ideas to situated tensions as they are either analyzed theoretically or praxiologically within science education pedagogy. It uses ecojustice to evaluate the holistic connections between cultural and natural systems, environmentalism, sustainability and Earth-friendly marketing trends, and introduces citizen science and youth activism as two of the pedagogical ways ecojustice philosophy can be enacted. It also comprises evidence-based practice with international service, community embedded curriculum, teacher preparation, citizen monitoring and community activism, student-scientist partnerships, socioscientific issues, and new avenues for educational research.

This book presents peer-reviewed texts from the International Peace Research Association's Ecology and Peace Commission: M.I. Abazie-Humphrey (Nigeria) reviews "Nigeria's Home-Grown DDR Programme"; C. Christian and H. Speight (USA) analyse "Water, Cooperation, and Peace in the Palestinian West Bank"; T. Galaviz (Mexico) discusses "The Peace Process Mediation Network between the Colombian Government and the April 19th Movement"; S.E. Serrano Oswald (Mexico) examines "Social Resilience and Intangible Cultural Heritage: Case Study in Mexico"; A. F. Rashid (Pakistan) and F. Feng (China) focus on "Community Perceptions of Ecological Disturbances Caused During Terrorists Invasion and Counter-insurgency Operations in Swat, Pakistan"; M. Yoshii (Japan) examines "Structure of Discrimination in Japan's Nuclear Export" and finally, S. Takemine (Japan) discusses "'Global Hibakusha' and the Invisible Victims of US Nuclear Testing in the Marshall Islands".

The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.

Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning in order to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning in order to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.

The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.

The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.

This is the first textbook to provide a focused, subject specific guide to planning practice and law. It gives students essential background and contextual information to planning's statutory basis, supported by practical and applied discussion, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited qualifications.

This book provides the reader with essential tools needed to analyze complex societal issues and demonstrates the transition from physics to modern-day laws and treaties. This second edition features new equation-oriented material and extensive data sets drawing upon current information from experts in their fields. Problems to challenge the reader and extend discussion are presented on three timely issues: * National Security: Weapons, Offense, Defense, Verification, Nuclear Proliferation, Terrorism * Environment: Air/Water, Nuclear, Climate Change, EM Fields/Epidemiology * Energy: Current Energy Situation, Buildings, Solar Buildings, Renewable Energy, Enhanced End-Use Efficiency, Transportation, Economics Praise for the first edition: "This insight is needed in Congress and the Executive Branch. Hafemeister, a former Congressional fellow with wide Washington experience, has written a book for physicists, chemists and engineers who want to learn science and policy on weapons, energy, and the environment. Scientists who want to make a difference will want this book." Richard Scribner, first Director, Congressional Science and Engineering Fellow Program, AAAS "Hafemeister shows how much one can understand about nuclear weapons and missile issues through simple back-of-the-envelope calculations. He also provides compact explanations of the partially successful attempts that have been made over the past 60 years to control these weapons of mass destruction. Hopefully, Physics of Societal Issues will help interest a new generation of physicists in continuing this work." Frank von Hippel, Professor, Princeton, former Assistant Director, National Security, White House, OSTP "Energy policy must be quantitative. People who don't calculate economic tradeoffs often champion simplistic hardware. 'The solution is more... nuclear power, or electric cars, or photovoltaics, etc.' Some simple physics will show that the true solution matches supply and demand as an 'integrated resource plan.' Physics of Societal Issues is a good place to begin this journey." Arthur Rosenfeld, former California Energy Commissioner, Professor-emeritus, U. of California-Berkeley

The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat 'the environment' as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.

Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book's contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.

The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the '3-11' events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to 'man-made' disasters. Another is how 'disaster law' interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces. Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011. (Annelise Riles)

This Brief identifies various aspects of energy challenges faced by the Chinese central/local governments, and also provides an opportunity to study how best to achieve green growth and a low-carbon transition in a developing country like China. The progress of China's carbon mitigation policies also has significant impacts on the on-going international climate change negotiations. Therefore, both policymakers and decision makers in China and other countries can benefit from studying the challenges and opportunities in China's energy development.

This book is about conflicts between different stakeholder groups triggered by protected species that compete with humans for natural resources. It presents key ecological features of typical conflict species and mitigation strategies including technical mitigation and the design of participatory decision strategies involving relevant stakeholders. The book provides a European perspective, but also develops a global framework for the development of action plans.

This book originates from the work of contributors to initiatives and global networks promoting and pursuing lines of enquiry that recognise and probe relationships between sustainable consumption, design and production, and the implications of those relationships for new economic activity and the way we live and govern ourselves. It features contributions from social scientists (e.g. from the fields of innovation studies, geography, environmental policy and sociology) and practitioners, serving to generate a short-list of research perspectives and topics around which future research and actions in practice will be orientated. The book consists of ten chapters divided into three parts, focusing on: perspectives/methodological insights; empirical work integrating consumption and production; and site-specific practitioner-oriented case studies. The conclusion examines the key aspects of policy, research and practical implications.

This short book sets out to explore the concept of nature in the context of a changing reality, in which the extent of our transformation of the environment has become evident: What is nature and to what extent has humanity transformed it? How do nature and society relate to one another? What does the idea of a sustainable society entail and how can nature be understood as a political subject? What is the Anthropocene and how does it affect nature as both an idea and a material entity? Has nature perhaps "ended?" In addressing these questions, the author delivers a concise but meaningful study of contemporary understandings of nature, one that goes beyond the limits posed by a single discipline. Adopting a truly comprehensive perspective, the work incorporates classical disciplines such as philosophy, evolutionary theory and the history of ideas; new and mixed approaches ranging from environmental sociology to neurobiology and ecological economics and the emerging area of the environmental humanities and represents a growing branch of political thought that views nature as a new political subject.

This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry's philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Enabling Environment is as real as it gets. The global commons are jointly owned and their inhabitants are jointly obligated to ensure their preservation. In the face of protracted negotiations, convoluted documentation, discord, and incessant bickering among scientists, activists, pressure groups of various hues, politicians and negotiators, very often the people on the ground are ignored or taken for granted. In the meantime, life meanders along. It is these 'everyday individuals' who make consumption-related choices on their lifestyles, travel or on preferring certain products or services over others. Enabling Environment puts the individual front and center. Ecosystem services need to be recognized, appropriately priced and the costs allocated to the agents concerned. Enabling Environment is about defining economic and non-economic incentive structures and utilizing them to arrive at pro-environmental outcomes. This collection of articles illustrates the use of existing social, economic and regulatory structures, and the financial architecture and instruments, suitably modified or extended, to help internalize the environmental externality.

The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are not legally binding can change the behaviour of states as well as or better than legal norms do.