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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
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.
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world's largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
Huge quantities of natural resources are illegally harvested and their proceeds laundered in the Asia-Pacific region, fostering corruption and undermining environmental governance. Most illegal exploitation and pollution occurs in countries with poor governance capacities, but much of the sale for profit and money laundering occurs in mature markets with well-developed governance capacities. Their asymmetrical enforcement capacities can complement each other. This book explores ways to combat illegal fishing and logging in Asia-Pacific region by the use of cooperative legal measures, particularly anti-money laundering and confiscation of proceeds techniques. Contributors to this volume cover themes including: the nature of transnational environmental crime; patterns in laundering of illicit fish and forest products; networks for distribution of illicit products; weaknesses in current systems for assurance of the legality of products; and international legal cooperation to enforce anti-money laundering laws in relation to illicit products. In considering these topics the book explores how the innovative use of anti-money laundering measures and the seizure of criminal proceeds can as policy options to combat transnational fishery and forestry crimes. The book will be of keen interest to scholars and students of environmental law and criminal law, and excellent use for practitioners in natural resources conservation law.
Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
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
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 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.
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.
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.
Who will protect our planet from the corporations, governments, and individuals who pollute, destroy, and devastate our natural world? Step forward a fresh new breed of passionately purposeful environmental lawyers, whose client is the Earth itself. At the head of this legal army stands James Thornton, who takes governments to court, and wins. In Client Earth, we travel from Poland to Ghana, from Alaska to China, to see how citizens can use public interest law to protect our planet ― and our future.
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.
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.
THERE IS NO SUCH THING AS AN ORDINARY ANIMAL. EVERY ONE HAS A HEROIC STORY TO TELL. Discover how . . . Able Seacat Simon rescued the crew of HMS Amethyst Bobby the Wonder Dog crossed a continent to find his family Galipolli Murphy carried 250 wounded soldiers to safety Pickles tracked down the stolen World Cup And the Tamworth Two managed to save their bacon Clare Balding's stories of daring, courageous, remarkable creatures who changed our world for the better: from the dog that inspired Lassie to the bear that fought the Nazis.
Climate change is dramatically affecting freshwater supplies, particularly in the developing world. The papers in this volume present a powerful case for and exploration of different freshwater adaptation strategies in the face of global climatic change. The volume centres on six detailed case studies, from India, China, Mexico, Brazil, the lower Danube basin and Tanzania, written by experienced local academics and practitioners. They assess autonomous adaptation in the freshwater sector, drawing out key lessons about what motivated these societies to change, which factors led to more successful adaptation, and how interventions may best be sustained. The volume also contains a global overview of the lessons derived from these experiences. It sheds light on two key theories: that vulnerability to climate change is best reduced by reducing poverty and promoting sustainable development first, or by reducing bio-physical risks from climate change. The publication also highlights the need to ensure that access to more precise climate change impact data is not used as an excuse to delay implementation of no regrets adaptation measures.
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.
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 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'.
Written by an award-winning historian of science and technology, Planet in Peril describes the top four mega-dangers facing humankind - climate change, nukes, pandemics, and artificial intelligence. It outlines the solutions that have been tried, and analyzes why they have thus far fallen short. These four existential dangers present a special kind of challenge that urgently requires planet-level responses, yet today's international institutions have so far failed to meet this need. The book lays out a realistic pathway for gradually modifying the United Nations over the coming century so that it can become more effective at coordinating global solutions to humanity's problems. Neither optimistic nor pessimistic, but pragmatic and constructive, the book explores how to move past ideological polarization and global political fragmentation. Unafraid to take intellectual risks, Planet in Peril sketches a plausible roadmap toward a safer, more democratic future for us all.
Genetically modified organisms (GMOs) are an extraordinary innovation. They raise great expectations of economic prosperity and improved capacity to address pressing problems of poverty and environmental degradation, whilst simultaneously raising great concerns about the type of social and physical world they promise. Finding space in regulation to consider the full range of issues provoked by GMOs is a huge challenge. This book explores the EU's elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts. This book will be of interest to academics and students in both law and social sciences, as well as practising lawyers and policy makers. It addresses questions that are significant for those involved in environmental or food issues, as well as specialists in GMOs.
Perspectives from worldwide experts on how major cities across the globe are responding to the major environmental threats of our time, including global climate change Over half of the world's population now lives in cities, and this share is expected to increase in the coming decades. With growing urbanization, cities and their residents face substantial environmental challenges such as higher temperatures, droughts, wildfires, and increased flooding. In response to these pressing challenges, some cities have begun to develop local environmental regulations that supplement national and environmental laws. In so doing, cities have stepped into a role that has been historically dominated by higher levels of government. Global Sustainable Cities takes stock of the policies that have been implemented by cities around the world in recent years in several key areas: water, air pollution, greenhouse gas emissions, and climate adaptation. It examines the advantages-and potential drawbacks-of allowing cities to assume a significant role in environmental regulation, given the legal and political constraints in which cities operate. The contributors present a series of case studies of the actions that seven leading cities-Abu Dhabi, Beijing, Berlin, Delhi, London, New York, and Shanghai-are taking to improve their environments and adapt to climate change. The first volume of its kind, Global Sustainable Cities is a critical comparative assessment of the actions that major cities in the global North and South are taking to advance sustainability.
The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.
This unique and up-to-date book analyzes the functioning of the European Emissions Trading Scheme (ETS) and assesses the extent to which relevant legislation has affected its capacity to promote cost-effective reduction of European carbon emissions. The author investigates whether inefficiency has been caused by both the ETS cap setting procedure and by the ETS relevant allocation rule, as defined by the Directive 2003/87/EC. He then considers whether the new Directive 2009/29/EC, which reforms the ETS institutional design, is likely to improve the scheme's effectiveness by reducing the risk of carbon leakage -which could potentially be induced by implementing a unilateral policy across the asymmetric political landscape of Europe. This well-documented book will appeal to researchers and postgraduate students in environmental law and environmental economics, as well as policy makers within environment, industry and economics, and electric and industrial operators and stakeholders. Environmental NGOs, energy and environmental consulting groups, members of the European Commission, and energy and environmental think-tanks will also find much to interest them in this insightful book. Contents: 1. Introduction; 2. Climate Change and the Kyoto Protocol: An Overview; 3. Toward a Cap and Trade Scheme Solution: Economic and Legal Instruments to Address the Problem of Externality; 4. Legal and Economic Aspects of the European Emissions Trading Scheme; 5. Analysis of the EU ETS Effectiveness: Assessing the Stringency of the ETS Cap; 6. Analysis of the Allocation Rules: Do Polluters Pay under Grandfathering?; 7. ETS Reform and Carbon Leakage: Assessing the Inconsistencies of the New ETS Directive; 8. Summary and Conclusions; References
Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.
This topical book examines the issues surrounding climate change and sustainability in relation to the freight transport sector. Written by an interdisciplinary team of contributors, the book approaches the topic from a multitude of perspectives, demonstrating that the sector will need to undergo significant changes in order to meet climate change targets. In addition to examining the challenges facing the transport sector, chapters also offer practical suggestions as to how the sector can achieve the required transformation. Legal methods are considered along with the application of new technologies and the implementation of alternative incentive structures as ways to promote sustainability and reduce emissions. Featuring contributions from leading authors from logistics, business, law and sustainability backgrounds, Sustainable and Efficient Transport demonstrates that a more integrated approach is needed at an EU level, to bring about the paradigm shift required for reducing transport emissions and making the sector more sustainable. This book will be a valuable resource for researchers working in both sustainability and transport. Lawyers, industry professionals and policy-makers will also benefit from insights in to the effectiveness of current policies and alternative solutions to contemporary challenges.
The Handbook of Regulations on Environmental Protection in China details the environmental laws, regulations and standards in China for those enforcing and creating environmental policy as it stood in the early 1990's. Originally published in English in 1994, this translation aims to illuminate an English-speaking audience on Chinese environmental policy on areas such as pollution, food standards and waste management. This title will be of interest to students of Environmental Studies. |
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