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.

Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy.

Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.

Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

This volume focuses on how, in Europe, the debate on the commons is discussed in regard to historical and contemporary dimensions, critically referencing the work of Elinor Ostrom. It also explores from the perspective of new institutional political ecology (NIPE) how Europe directly and indirectly affected and affects the commons globally. Most of the research on the management of commons pool resources is limited to dealing with one of two topics: either the interaction between local participatory governance and development of institutions for commons management, or a political- economy approach that focuses on global change as it is related to the increasingly globalised expansion of capitalist modes of production, consumption and societal reproduction. This volume bridges the two, addressing how global players affect the commons worldwide and how they relate to responses emerging from within the commons in a global- local (glocal) world. Authors from a range of academic disciplines present research findings on recent developments on the commons, including: historical insights; new innovations for participatory institutions building in Europe or several types of commons grabbing, especially in Africa related to European investments; and restrictions on the management of commons at the international level. European case studies are included, providing interesting examples of local participation in commons resource management, while simultaneously showing Europe as a centre for globalized capitalism and its norms and values, affecting the rest of the world, particularly developing countries. This book will be of interest to students and researchers from a wide range of disciplines including natural resource management, environmental governance, political geography and environmental history.

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.

The goals of this book are to update information on the effects of rural road development, both in Nepal and globally, explain the environmental, socioeconomic, and sociocultural impacts of expanding rural road networks in the Nepalese Himalaya, and to promote further studies on rural road development throughout the world based on studies and investigations performed in Nepal. Readers will learn about the history of rural road development, as well as the challenges to effectively design and construct rural roads and how these obstacles may be overcome. Chapter one offers a global review of road development, and both the positive and negative impacts of rural road implementation. Chapter two defines mobilities within the context of coupled social and ecological systems, specifically in the Nepalese Himalaya. Chapters three through five detail the environmental, socioeconomic, and sociocultural impacts expanding rural road networks through several case studies. The concluding chapter summarizes the findings of the book, discussing the need for interdisciplinary cooperation and collaboration to avoid negative consequences. This book will be of interest to teachers, researchers, policy makers, and development organizations.

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.

The only book out there to draw together all the disparate law on highways in development projects Managing and providing highways and highway improvements looms large in many building projects but the law and rules regulating their part in the planning and development processes are complex and widespread. A Practical Guide to Planning, Highways and Development brings that law together in a single, invaluable volume. Tom Graham, a specialist planning and highway lawyer, explains all the knotty problems raised by highways so you can get authoritative guidance on such issues as: Essential highway law concepts, including 'ransom' strips Dealing with highway matters in the planning process, including by conditions and planning agreements The impact of national policies, development plans and technical guidance on proposed developments The drafting, use and misuse of "Section 38 Agreements" and "Section 278 Agreements Alongside this essential commentary, is an invaluable set of annotated sample agreements including s38 and 278 agreements, minor works agreements and planning obligations. Tom has also provided annotated extracts from the key statutes to help you interpret the underlying law, all of which makes the book the definitive, hands-on reference for all planners, developers, highway engineers and their advisers.

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.

Global food insecurity is a growing issue. At a time when the world's population is increasing and agricultural production is challenged by climate change, it is estimated that around a third of the food produced globally is lost or wasted. This book examines the problem of food loss and waste (FLW) and the policies that could be enacted to remedy this fundamental global concern. Michael Blakeney provides a well-rounded view of FLW from production to plate. He begins by examining the problems associated with defining and measuring food waste, arguing that more reliable data on FLW is key to the creation of effective FLW reduction policies. He goes on to address the drivers of FLW, the environmental impacts of FLW and the moral and ethical considerations that are linked to the issue. Food Loss and Waste concludes with a critical assessment of FLW reduction strategies across the food supply chain. Providing the first comprehensive assessment of FLW and its remedies, this book will be of great interest to scholars working in the fields of food security, agricultural law and policy and rural economics. Policy makers involved in food policy and security will also find this a valuable resource as it identifies and analyses FLW policies on an international scale.

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.

The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.

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.

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 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 innovative book examines the role an automobile emissions tax could play in reducing emissions in the United States. The author concludes that an emissions tax has the potential to reduce emissions from households vehicles significantly, even when travel demand is relatively price inelastic. Beginning with a theoretical discussion of a first-best tax, a second-best tax on passenger vehicles is developed. This study contains detailed analyses of: * the design of the tax * behavioural responses that lead to emissions reductions, including reductions in the household's vehicle miles of travel and the scrapping of low-value, high emitting vehicles * the effect of the tax on the reduction of emissions * the effect of the tax on households in different income quintiles * the emissions reducing potential of a gasoline tax compared to an emissions tax This study uses a simulation model to analyse the sensitivity of travel demand and the resulting emissions, to different tax rates and demand elasticities. The author concludes that an emissions tax has the potential to reduce emissions from household vehicles significantly, even when travel demand is relatively price inelastic. Taxing Automobile Emissions for Pollution Control will prove invaluable to policymakers and academics in the field of environmental management and environmental economics and policy.

This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing. Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.

This detailed book explores how market based environmental strategies are used in various countries around the world. It investigates how successful sustainability strategies used by one country can be transferred and used successfully in other countries, with a minimum of new research and experimentation. Leading environmental taxation scholars discuss this question and analyse a set of key case studies.This enriching and detailed book will appeal to policy makers in government, as well as to professors in environmental law, environmental economics and environmental sustainability programmes. Students in these fields will also find much to benefit them in this book. Contributors include: M. Boehm, B. Butcher, J.F. Colares, J. Cottrell, E. de Lemos Pinto Aydos, T. Falcao, S. Gao, C. Ge, M. Horne, Y. Ito, T. Kawakatsu, M. Krahe, L. Kreiser, Q. Liu, C. Qin, Y. Ren, E. Rhodes, S. Rudolph, R. Smale, H. Sprohge, R. Tavallali, J. Wang, J. Ward

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 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.

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.

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.

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.