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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
The fonner Egyptian Minister of State for Foreign Affairs and fonner UN Secre tary General, Butros Butros Ghali stated after the second Gulf War "The next war in the Middle East will not be fought for oil, but for water. " This famous statement has been echoed by many politicians: shortly before be coming president of Turkey, SOleyman Demirel declared that the waters of the Euphrates and Tigris belonged to Turkey, just as oil belongs to the Arabs. Rafael Eytan, at that time and now again Israeli Minister of Agriculture, declared in 1990 in full-page advertisements in the Jerusalem Post that Israel would never cede the West Bank to the Palestinians because Israel's water supply would otherwise be endangered. Finally, Ismail Serageldin, vice president of the World Bank, declared in 1995 that "the wars of the next century will be over water." These statements are typical of the atmosphere reigning in the Middle East and in several other places around the world concerning the issue of international fresh water resources. Whether these perceptions correspond to an actual threat to a nation's water supply or whether they correspond to the official position of states in negotiations often conducted secretly, is an entirely different matter. A closer analysis of the issue of international fresh water resources, as we attempt in this book, admittedly reveals a dangerous potential for conflict over water."
This book takes a long-term view of environmental policy in Poland, which thus serves as an example to increase our understanding of environmental policy making in general in the former Eastern bloc countries. The perspective adopted also includes the pre-transition period, since the transformation process cannot be understood without reference to the preceding period. The book investigates the driving forces underlying policy changes, both prior to and after the transition, and identifies elements both of change and continuity - topics that have hitherto been neglected in the literature. A change of political system in Poland did not lead to a major change in the thrust of environmental policy: the policy makers adopted a cautious approach to new instruments and institutions during the transition period. What did change with the transition was the implementation aspect: the effectiveness of environmental policy increased dramatically after the abolition of socialism. The rule of law meant that the state administration and the polluters were subordinated to the legal system, thus increasing the power to environmental policy. Readership: Researchers and students interested in the environment and the countries in transition.
ENVIRONMENTAL HYGIENE III deals with the detection and evaluation of environmental pollutants as well as with their relevance to human health. Environmental components are important determinants of the health status of groups at risk and of the general population. The main objective is the early detection and identification of hazardous substances by physical, chemical and biological methods, risk assessment andprotection of human health. Faced with these problems the volume gives an overview on the mulifaceted aspects of environmental hygiene and medicine. Contributions include basic and innovative approaches in the fields of - Experimental cell biology - Cytotoxicity testing - Mutagenicity and carcinogenicity studies - Inhalation toxicity - Human exposure monitoring - Epidemiology - Important harzardous agents - Environmental control, prevention and legislation.
Increasingly over the next few decades, the oil and gas industry faces the complex task of decommissioning its offshore platforms, pipelines and sub-sea equipment as they reach the end of their operational capabilities. Decommissioning involves and integrates many distinct aspects: engineering, environmental, economic, legal, political and safety considerations. A practical strategy for removing and disposing these structures needs to be developed which best meets the demands of all of these different aspects. Specialists in these various fields have been brought together for this volume to contribute their assessments of the situation. The result is an important step toward the development of a co-ordinated approach to the subject. It is essential reading for all those who are involved with major decommissioning projects, their possible environmental impact and their implications in politics and law.
In the last few years, the quantity of books and papers on the political, economic and legal problems of the exploration and use of the sea and marine resources has considerably increased. But the status and activities of intern a tional organizations related to maritime shipping, fisheries, scientific research in the World Ocean and the protection of the marine environment have not yet, as a whole, been represented in the scientific and reference literature. It would be fair, though, to mention that some general information on marine international organizations may be found in the Yearbook of International Organizations, Brussels, 1979; in Annotated Acronyms and Abbreviations of Marine Science Related International Organizations, U. S. Department of Commerce, 1976; and in the UN Annotated Directory ofIntergovernmental Organizations Concerned with Ocean Affairs, 1976. Voluminous informa tion on organizations engaged in problems of the exploration and use ofthe sea is given in International Marine Organizations by the well-known Polish scientists Lopuski and Symonides, 1978. Meanwhile the increasing volume of practical work related to the participa tion of governmental and scientific bodies as well as individual scientists and specialists in these organizations, the necessity of long-term planning in this field, and the perspectives of the development of these organizations, make necessary a special publication depicting the structure and many-sided activi ties of such international bodies. This book is the first one in which the most complete information on the main marine international organizations is presented."
On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Ursula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.
This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: * the fundamentals of law and the English legal system; * contract, business, tort and property law; * procurement, subcontracting and partnering; * claims, damages, losses and expenses; * dispute resolution including mediation, arbitration, litigation and adjudication. The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.
At the first Conference of the Parties of the Climate Convention in Berlin in Spring 1995 it became evident once again: To counteract anthropogenic climate changes, individuals as well as societies have to change their way of thinking and behavior. This accounts for other areas of global environmental change as well. Global trends like soil degradation, loss of biological diversity, water scarcity and population growth show little or no sign of improvement. In fact, in most areas a rapid deterioration has taken place. In its latest Report the German Advisory Council on Global Change describes "Ways Towards Global Environmental Solutions."
Policy issues relating to forestry have been the subject of much debate in recent years, and many countries and international agencies have recently, or are currently in the process, of revising their policies for forestry. Much of this debate has implied that previous policies have failed or been much less successful than had been hoped. There is a tendency to think of policy as a matter for governments, but it is now more widely appreciated that all shareholders in the forestry sector have a legitimate interest in both the policy objectives and the means that will be used to implement it. This book is mainly concerned with the process of developing policy and the subsequent implementation, than in specific content, though many of the important issues which policies must address are discussed. It is based on a review of many case studies with which the author has been personally involved over the past 40 years.
This last volume in a trilogy published on the occasion of the 80th birthday of Rodolfo Stavenhagen, professor emeritus of El Colegio de Mexico, includes eight essays on Peasants, Culture and Indigenous Peoples: Critical Issues; Basic Needs, Peasants and the Strategy for Rural Development (1976); Cultural Rights: a Social Science Perspective (1998); The Structure of Injustice: Poverty, Marginality, Exclusion and Human Rights (2000); What Kind of Yarn? From Color Line to Multicolored Hammock: Reflections on Racism and Public Policy (2001); The United Nations Special Rapporteur on the Rights of Indigenous Peoples (2012); A Report on the Human Rights Situation of Indigenous Peoples in Asia (2007); Report on the Impact of Megaprojects on the Rights of Indigenous Peoples (2003); and Study Regarding the Best Practices to Implement the Recommendations of the Special Rapporteur (2007). These texts address human rights issues, especially those that arose when Stavenhagen was servinged as United Nations special rapporteur on the rights of indigenous peoples.
This seminal book results from a NATO Advanced Research Workshop at the University of Cambridge with Russian co-directorship, enabling the first formal dialogue between NATO and Russia about security issues in the Arctic Ocean. Involving interdisciplinary participation with experts from 17 nations, including all of the Arctic states, this workshop itself reflects progress in Arctic cooperation and collaboration. Interests now are awakening globally to take advantage of extensive energy, shipping, fishing and tourism opportunities in the Arctic Ocean as it is being transformed from a permanent sea-ice cap to a seasonally ice-free sea. This environmental state-change is introducing inherent risks of political, economic and cultural instabilities that are centralized among the Arctic states and indigenous peoples with repercussions globally. Responding with urgency, environmental security is presented as an "integrated approach for assessing and responding to the risks as well as the opportunities generated by an environmental state-change." In this book - diverse perspectives on environmental security in the Arctic Ocean are shared in chapters from high-level diplomats, parliamentarians and government officials of Arctic and non-Arctic states; leaders of Arctic indigenous peoples organizations; international law advisors from Arctic states as well as the United Nations; directors of inter-governmental organizations and non-governmental organizations; managers of multi-national corporations; political scientists, historians and economists; along with Earth system scientists and oceanographers. Building on the "common arctic issues" of "sustainable development and environmental protection" established by the Arctic Council - environmental security offers an holistic approach to assess opportunities and risks as well as develop infrastructure responses with law of the sea as the key "international legal framework" to "promote the peaceful uses" of the Arctic Ocean. With vision for future generations, environmental security is a path to balance national interests and common interests in the Arctic Ocean for the lasting benefit of all.
Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.
This collection of original essays by economists, biologists and political scientists has a common theme: that protecting species at risk while safeguarding social order is a policy challenge that entangles biology, politics, and economics. Nearly 1200 species are listed as endangered or threatened under the Endangered Species Act (ESA) of 1973; only twelve have been removed from the list. Attempts at species recovery on public and private property lead the authors to examine the political realities that define the debate: who should pay the costs and receive the benefits, and how interest group behaviour affects the nature of endangered species protection. Although the ESA directs administrative agencies to list and protect species following scientific priorities, the collection addresses the economic choices that still must be confronted. These range from the protection potential of private markets to the design of incentive schemes to encourage conservation by private landowners.
Budgets have a big influence on the economy and society. With many countries, about 50 percent of total expenditures and income pass through the budget via taxes, charges and expenditures. In recent years many countries, e. g. in the OECD and the EU, have tended to use this influence in an environmentally rational way. Tradi tional environmental policy has relied on command-and-control and cnd-olpipc technologies that have proven to be insufficient in coping with the challenge of glo bal change. Hence, many countries have started to investigate the environmental impacts of their budgets by looking at existing taxes and charges, as well as tax allowances and exemptions and other relevant regulations and expenditures -even to have a special impact on the environment. The implementation of those not meant such findings is now broadly discussed in these countries. This publication will contribute to the debate. It is a result of a wider project called Green Budget Reform -Prospects in Central and Eastern Europe. initiated by Vida Ogorelec Wagner, managing Director of Umanotera, The Sloven ian Founda tion for Sustainable Development, and then jointly developed. proposed to the EC and carried out in partnership with Kai Schlegelmich of the Wuppertal Institute in Germany. The project comprised an international seminar on Green Budget Reform in April 1997 at Lake Bled, Slovenia, and the Case Study of Sloveilla."
Many European Union Directives seek to minimize the potential for harm to humans and the environment arising from the use of chemicals. This book takes an interdisciplinary, selective look at the effector mechanisms employed in such directives. It covers the pre-marketing use of toxicology to identify the hazardous properties of chemicals, acknowledging its shortcomings, while contrasting the scientific method with the precautionary principle in developing risk-management practices. The book then goes on to describe the use of bio-indicators, chemical analyses and mathematical modelling for prediction, or to determine the adequacy of chemical safety legislation. The environmental risk assessment of priority chemicals is described and the impact of pesticides on sustainability in agriculture is discussed from the differing standpoints of agronomy and economics. Audience: All professionals concerned with the safe management of chemicals and their use, including teachers, practitioners, policy makers or legislators.
At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses - a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.
This book presents the results of thirty-four case studies in an EU-sponsored project on heavily modified water bodies. The account emphasizes the methods used in the process of identification and designation, and identifies further research needs. The contents are the basis for the agreed European Guidance on artificial and heavily modified water bodies to be used by practitioners in the implementation of the Water Framework Directive.
Biological markers used to assess the effects of environmental pollution have attracted considerable attention from regulatory agencies and are currently under evaluation at a number of research facilities throughout the world. However promising a biomarker-based biomonitoring approach may be, the development of this concept is complicated by a range of technical issues. This book provides a conceptional framework for research and application of biomarkers. International experts on biomonitoring have formulated a unified strategy for the development and validation of biomarkers in assessing environmental health as well as appropriate protocols for their implementation and interpretation in a biological monitoring program.
Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.
The impartial administration of justice and the accountability of
government officials are two of the most strongly held American
values. Yet these values are often in direct conflict with one
another.
Global risk potentials and their interplay with economic, social and ecological processes of change have emerged as a challenge to the international community. By presenting this report, the Council hopes to contribute constructively to an effective, efficient and objective management of the risks of global change. The approach taken by the Council is first to classify globally relevant risks and then to assign to these classes of risk both established and innovative risk assessment strategies and risk management tools. On this basis, management priorities can be set. The Council further recommends a number of cross-cutting strategies for international policies. These include worldwide alignment of liability law, creation of environmental liability funds, establishment of a United Nations Risk Assessment Panel and implementation of strategies aimed at reducing vulnerability to risk.
The climate change problem can only be effectively dealt with if global anthropogenic greenhouse gas (GHG) emissions can be reduced substantially. Since the emission of such gases is closely related to the economic growth of countries, a critical problem to be addressed by the United Nations Framework Convention on Climate Change (FCCC) is: how will the permissible emission levels be shared between industrialised (ICs) and developing countries (DCs)? The thesis of this book is that the long-term effectiveness of the FCCC runs the risk of a horizontal negotiation deadlock between countries and the risk of vertical standstill within countries if there is little domestic support for the domestic implementation of measures being announced in international negotiations. The research question is: Can one observe trends towards horizontal deadlock and vertical standstill and if yes, how can the treaty design be improved so as to avoid such potential future bottlenecks? The research focuses on the perspectives of domestic actors on the climate convention and related issues in four developing countries: India, Indonesia, Kenya and Brazil. The following key findings emerge from the research: 1. Handicapped negotiating power: The common theme of the foreign policy of DCs is that ICs are responsible for the bulk of the GHG emissions and need to take appropriate domestic action.
Since all-out interstate wars for the time being seem to belong to the past, con flict studies focus more and more on domestic conflicts. This is a broad field, not only because the arbitrary line between war and sub-war violence disap pears and the analyst is confronted with phenomena reaching from criminal violence and clashes between communities to violent conflicts of long duration and civil wars with massacres and genocides as their characteristics. It is also because there are so many different types of conflicts to be analyzed, so many different types of behavior to be studied, whereas there is often little informa tion available on what is really going on. Against the background of internal conflicts, which tend to be as protracted as diffuse in terms of time, intensity, actors, and their goals, this study aims to follow a specific pathway through the current thicket of violent circumstances. It focuses on causation patterns by exploring the causal role of the environ mental factor in the genesis of violent conflicts occurring today and probably even more so tomorrow. This approach, which for once does not focus on a specific level of the conflict system, on one area in the conflict geography, or on a specific category of actors, analyzes causation dynamics."
Environmental policy is undergoing a dramatic transformation. The problems connected with global change, the need for preventative action, and the growing importance of non-source pollution call for new courses of action and new institutional arrangements. In this situation, it is fairly obvious that both the traditional command and control policy instruments and the more modern financial and economic instruments are increasingly under stress. This volume deliberately aims to break new ground in providing the conceptual tools necessary for the next generation of environmental policies. In doing so, it covers a wide interdisciplinary range, from public policy analysis to international law, and draws upon much international experience, well reflected by the mixed composition of the contributors. On the basis of a shared theoretical framework, the book explores the potential of new policy instruments, such as policy evaluation or mediation, proposes alternative institutional arrangements for dealing with the issues, classifies existing instruments, and illuminates the process through which old and new tools can be set into operation. |
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