On 20 December 2017 and 10 April 2018 respectively, the Court of Justice of the European Union passed two landmark cases on the legal status of internet platform Uber. The Court established that Uber does not merely provide an app, but rather offers a full transport service. Without Uber there would be no market for non-professional drivers using their own vehicles. Moreover, the platform exercises a decisive influence over the conditions under which drivers provide their service. These rulings address the very core of several highly debated questions on the legal status of online intermediaries such as Uber, Airbnb and TaskRabbit. Is regulatory intervention needed to reap the potential benefits of the platform economy or to mitigate the potentially negative consequences of regulatory disruption? Can platforms be held liable for the proper execution of services provided by others? Does existing national regulation impose disproportionate market restrictions on innovators? Should we rethink labour protection aand social security to address the potential loss of social protection of non-standard workers? How can revenue law be improved to tackle elaborate (international) schemes to avoid direct and indirect taxation? Emerging platforms claim to create new market opportunities and to provide innovative solutions to improve social welfare. Conversely, the platform economy blurs established lines between traditional legal categories, such as business and consumer, personal and professional, and worker and contractor. Traditional regulation, which often focuses on balancing the interests of two contracting parties, is now confronted with the three-sided contractual relationship between a platform, a supplier and a user. In this book, a panel of international legal experts unravel the legal status of online intermediaries a thorny knot that legislators, judges and lawyers across the globe are facing.

Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition. The International Society of Family Law (ISFL) is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.

Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning 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 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.

In the last 50 years marine conservation has grown from almost nothing to become a major topic of global activity involving many people and organisations. Marine conservation activities have been applied to a huge diversity of species, habitats, ecosystems and whole seas. Many marine conservation actions have focused on human impacts on the marine environment from development and pollution to the impacts of fisheries. Whilst science has provided the backbone of thinking on marine conservation, perhaps the biggest change over this period has been the use of an ever-increasing range of techniques and disciplines to further marine conservation ends. Bob Earll explores what marine conservation involves in practice by providing a synthesis of the main developments from the viewpoints of 19 leading practitioners and pioneers who have helped shape its progress and successes. Their narratives highlight the diversity and richness of activity, and the realities of delivering marine conservation in practice with reference to a host of projects and case studies. Many of these narratives demonstrate how innovative conservationists have been - often developing novel approaches to problems where little information and no frameworks exist. The case studies described are based on a wide range of European and international projects. This book takes an in-depth look at the reality of delivering marine conservation in practice, where achieving change is often a complicated process, with barriers to overcome that have nothing to do with science. Marine conservationists will often be working with stakeholders for whom marine conservation is not a priority. This book aims to help readers describe and understand those realities, and shows that successful and inspirational projects can be delivered against the odds.

The essays in this volume were presented originally in September 1993 at a colloquium sponsored by the Oxford University Law Faculty and the Norton Rose M5 Group of Solicitors. Written by practising and academic lawyers, and addressing some of the most fundamental problems facing industrialists and environmentalists throughout the world, these essays review and analyse various countries' attempts to blend environmental protection with continued economic development. How does the recently-concluded GATT Agreement influence international developments in environmental regulation? Is deregulation an answer? Will the polluter always have to pay, and how are the costs to be equitably distributed throughout society? These are some of the fundamental questions asked and discussed in this collection of penetrating and illuminating essays.

Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.

A critical resource for approaching sustainability across the disciplines Sustainability and social justice remain elusive even though each is unattainable without the other. Across the industrialized West and the Global South, unsustainable practices and social inequities exacerbate one another. How do social justice and sustainability connect? What does sustainability mean and, most importantly, how can we achieve it with justice? This volume tackles these questions, placing social justice and interdisciplinary approaches at the center of efforts for a more sustainable world. Contributors present empirical case studies that illustrate how sustainability can take place without contributing to social inequality. From indigenous land rights, climate conflict, militarization and urban drought resilience, the book offers examples of ways in which sustainability and social justice strengthen one another. Through an understanding of history, diverse cultural traditions, and complexity in relation to race, class, and gender, this volume demonstrates ways in which sustainability can help to shape better and more robust solutions to the world's most pressing problems. Blending methods from the humanities, environmental sciences and the humanistic social sciences, this book offers an essential guide for the next generation of global citizens.

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

This book is a compilation of case studies from different countries and covers contemporary technologies including electric vehicles and solar thermal power plants. The book highlights the real-world situations facing individual projects and highlights the strengths and weaknesses of the underlying business propositions. It also sheds light on the factors that are routinely ignored during project formulation and risk assessment, namely coordination among public and private agencies, confirmed availability of relatively minor but essential components, possibility of concurrent demand for inputs from different project proponents, etc. The book provides a systematic 'guided tour' of renewable energy (RE) projects for potential project analysts and includes the development of financial models. It concludes with an evaluation of risk and the design of risk-mitigation measures. It is designed to simultaneously appeal to business school students and to serve as a guide for practicing executives, policy makers and consultants. The cases cover several countries, currencies, policy environments, technologies and resources and will help policy makers, consultants and project analysts and proponents view RE projects in a new light.

This book calls for the conditions of transition to sustainability: How to take into consideration new global phenomena such as and of the dimension of climate change, the depletion of natural resources, financial crises, demographic dynamics, global urbanization, migrations and mobility, while bearing in mind short-term or local place-based issues, such as social justice or quality of life? Meeting this challenge requires an inclusive approach of sustainability. It is a matter of designing a new social contract: Sustainability requires more than developing the right markets, institutions and metrics, it requires social momentum. To do so, many issues need a clear and complete answer: How to link social justice with sustainability policies? What governance tools to do so? What linkage between one decision-making level and the other? These are major issues to design sound transitions to sustainability.

Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.

By the end of the 1970s, contaminated sites had emerged as one of the most complex and urgent environmental issues affecting industrialized countries. The authors show that small and prosperous Switzerland is no exception to the pervasive problem of sites contamination, the legacy of past practices in waste management having left some 38,000 contaminated sites throughout the country. This book outlines the problem, offering evidence that open and polycentric environmental decision-making that includes civil society actors is valuable. They propose an understanding of environmental management of contaminated sites as a political process in which institutions frame interactions between strategic actors pursuing sometimes conflicting interests. In the opening chapter, the authors describe the influences of politics and the power relationships between actors involved in decision-making in contaminated sites management, which they term a "wicked problem." Chapter Two offers a theoretical framework for understanding institutions and the environmental management of contaminated sites. The next five chapters present a detailed case study on environmental management and contaminated sites in Switzerland, focused on the Bonfol Chemical Landfill. The study and analysis covers the establishment of the landfill under the first generation of environmental regulations, its closure and early remediation efforts, and the gambling on the remediation objectives, methods and funding in the first decade of the 21st Century. The concluding chapter discusses the question of whether the strength of environmental regulations, and the type of interactions between public, private, and civil society actors can explain the environmental choices in contaminated sites management. Drawing lessons from research, the authors debate the value of institutional flexibility for dealing with environmental issues such as contaminated sites.

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

This book analyzes the legal and economic situation concerning the removal and allocation of the natural resources in the Caspian Sea - the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with great fishery resources, but is also rich in oil and gas deposits. The economic advantages gained from the development of oil and gas are the basis for the economic and social development of the riparian states, but also cause significant transboundary harm to the ecosystem of the Caspian Sea. The book contends that, if the local environment grows more heavily contaminated through the extraction of mineral resources, it could lead to environmentally induced violence. It describes the ongoing conflicts, which are primarily due to various riparian states' territorial claims concerning the extraction of oil and gas resources, and argues that the current legal framework on the use and protection of the Caspian Sea is obsolete. Thus, the main objective of the book is to point out corresponding international legal mechanisms that could be used in order to settle these disputes and protect the Caspian Sea's fragile environment from transboundary harm.

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.

Street-Level Sovereignty: The Intersection of Space and Law is a collection of scholarship that considers the experience of law that is subject to social interpretation for its meaning and importance within the constitutive legal framework of race, deviance, property, and the communal investiture in health and happiness. This book examines the intersection of spatiality and law, through the construction of place, and how law is materially framed.

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.

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.