Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Every person on our home planet is affected by a worldwide deluge of man-made chemicals and pollutants - most of which have never been tested for safety. Our chemical emissions are six times larger than our total greenhouse gas emissions. They are in our food, our water, the air we breathe, our homes and workplaces, the things we use each day. This universal poisoning affects our minds, our bodies, our genes, our grandkids, and all life on Earth. Julian Cribb describes the full scale of the chemical catastrophe we have unleashed. He proposes a new Human Right - not to be poisoned. He maps an empowering and hopeful way forward: to rid our planet of these toxins and return Earth to the clean, healthy condition which our forebears enjoyed, and our grandchildren should too.

Few concerns preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal include those of how to arrest induced global environmental change (GEC), persistent disagreements about the contribution of economic activities to GEC and further differences in views on how these activities can be reformed in order to reduce the rate of change and thus to mitigate threats to much life on Earth. Reforming Law and Economy for a Sustainable Earth aims to help resolve these problems in two ways. Since addressing GEC will require global coordination, the book first clarifies the conditions necessary to achieve this effectively. Paul Anderson explores these conditions with the aid of a sustained analysis of key concepts in influential disciplines, particularly in social and political theory and law, relating to the transition to a sustainable economy. Second, Anderson tackles the problem of how to arrest GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective global coordination. From this basis, the book offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. It also critically reviews and advances the proposition that global sustainability can be achieved only by changing the capitalist form of organizing the economy. Enriched by a genuinely interdisciplinary approach, the originality of Reforming Law and Economy for a Sustainable Earth lies in the manner it combines a rigorous analysis of the requirements for global sustainability with decisive conclusions as to what are, and what are not, viable means of fulfilling those requirements. The book advances research on sustainability within key disciplines, among them political theory, law and social science, by offering a timely and insightful statement about the global environmental predicament in the 21st century.

Emerging Pathogens at the Poles: Disease and International Trade Law explores the applicability and possible complicating issues of the SPS Protocol to the Polar Regions in light of emerging pathogeneses and unknown host and environmental susceptibility and resilience. It examines the current literature on emerging pathogeneses in the Arctic and Antarctic and the relationship pathogeneses has with human development and movement of goods and people in spreading pathogens in the Polar Regions. Given the endemic nature of the Polar environment and the increasing interest in these regions for tourism and industry, this topic is important to address. The major component of the work is on the relevance of the SPS Protocol and the GATT 1994 Article XX(b) exception on human, animal and plant health as a barrier to trade which is examined in the context of its application to the Arctic and Antarctic. This book is an introduction to the interdisciplinary thinking required, across both science and law, in order to appreciate the significance of global trade barriers in reducing disease transmission and spread. The spread of pathogens across boundaries has become an important geopolitical issue and the provisions of international trade law may prove decisive in limiting or exacerbating the spread of disease. Academics and students with initial knowledge of the international trade regime, or those with initial studies in health or Polar medicine, will find this cross-over a useful introduction to the complications of food, trade and disease.

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

Critically assessing recent developments in environmental and tax legislation, and in particular low-carbon strategies, this timely book analyses the implementation of market-based instruments for achieving climate stabilisation objectives around the world. Through case studies and broader analysis, international experts examine taxes and subsidies in energy intensive sectors including stationary energy and transport in Europe and South America, and low-carbon strategies in Australia and East Asia. They also address cross-cutting policy issues involving water pollution and biodiversity protection. This work illustrates how economic instruments for a low-carbon transition need to align with other governmental policies and together influence behaviour in multiple domains such as energy, mobility, trade, land use and innovation. Providing a rich economic modelling of environmental fiscal policies, this topical book will be an engaging read for environmental tax scholars and professionals, as well as academics across energy and environmental economics, law and policy. Policy makers and practitioners in energy and climate policy will also benefit from its problem-solving approach. Contributors include: M.S. Andersen, E. Aydos, E. Belletti, M. Bisogno, C. Camara Barroso, Q. Changbo, G. Chazhong, J. Dellatte, B. Fenfen, L. Feng, S. Geringer, E. Guglyuvatyy, T. Iliopoulos, T. Kawakatsu, D. Kortschak, K. Kratena, V. Kulmer, A. Lerch, I. Meyer, M. Molinos-Senante, M. Pizzol, S. Rudolph, K. Schlegelmilch, S. Seebauer, M. Sommer, C. Sotiriou, N.P. Stoianoff, H. Thodsen, A. Tomo, J. Tumpel, M. Villar Ezcurra, Z. Zachariadis, J.M.M. Zanocchi

Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.

Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. The increasing cross-border scope of environmental crimes and harms is one of the reasons why governments and the enforcement community have trouble in finding the proper responses. Law enforcement cooperation between western industrialized states is often time consuming and problematic, and the problems increase exponentially when environmental criminals take advantage of situations where government and law enforcement are weak. This book provides an overview of the developments and problems in the field of transnational environmental crimes and harms, addressing these issues from perspectives such as enforcement, deterrence, compliance and emission trading schemes. Divided into four parts, the authors consider global issues in green criminology, responses to transnational environmental crimes and harms, alternative methods to combat environmental crime, and specific types of crimes and criminological research. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the transnational dimensions of crime and the environment.

The Intergovernmental Panel on Climate Change (IPCC) has become a hugely influential institution. It is the authoritative voice on the science on climate change, and an exemplar of an intergovernmental science-policy interface. This book introduces the IPCC as an institution, covering its origins, history, processes, participants, products, and influence. Discussing its internal workings and operating principles, it shows how IPCC assessments are produced and how consensus is reached between scientific and policy experts from different institutions, countries, and social groups. A variety of practices and discourses - epistemic, diplomatic, procedural, communicative - that make the institution function are critically assessed, allowing the reader to learn from its successes and failures. This volume is the go-to reference for researchers studying or active within the IPCC, as well as invaluable for students concerned with global environmental problems and climate governance. This title is also available as Open Access via Cambridge Core.

This significant book investigates the political economy of environmental policy in Europe with a careful analysis of how EU directives are realised in the member states. The authors explore this issue through a comparative evaluation of the implementation of three pieces of EU environmental legislation in France, Germany, the Netherlands and the UK. Areas covered by the legislation include air emission standards for waste incinerators, the electricity supply industry, and the certification of environmental management systems. The results vary across cases even though overcompliance is observed in certain cases. The regularity arising from the different case studies is related to the determinants of the environmental outcomes that are observed. When environmental directives are implemented they are likely to interact with parallel policy processes and these interactions can exert a strong positive or negative influence on the success of the policy in question. The central policy problem is the fact that these interactions are very difficult to anticipate at the policy formulation stage. It leads the authors to propose that effective environmental policy should therefore be adaptable in order to cope with these unanticipated effects. This book covers a very important and topical issue by studying the genuine impact of environmental directives and increasing the readers' understanding of the way in which environmental federalism works in Europe. It will be welcomed by scholars of environmental law and political science, environmental economists, and environmental policymakers, advisors and consultants.

--The first edition is an essential reading for planning students as it is the only text available that focuses on planning law and practice in Northern Ireland. --Updated to address consequences of BREXIT, the impact of COVID-19 on planning procedures, and the emergence of Local Development Plans within the new 2-tier planning system of Northern Ireland

With a considerable influence on national and international legislators, courts, public administrators and private companies, environmental principles ? such as the polluter-pays principle, sustainable development or the precautionary principle ? play an important role in the making, application and the interpretation of environmental law. As a key part of the Elgar Encyclopedia of Environmental Law, this comprehensive volume provides detailed coverage of all of the important environmental principles and offers unique insights as well as wider reflection on the role played by principles. With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet. As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators. Contributors include: A. Aaragao, M. Alberton, S. Atapattu, V. Barral, B. Boer, N. Craik, C. Dalhammar, J. Darpoe, N. de Sadeleer, O. Dubovik, L.-A. Duvic-Paoli, T. Fajardo del Castillo, R. Fowler, M. Fuhr, M. Gestri, G. Handl, M. Hedemann-Robinson, S. Khan, R. Kibugi, S. Kingston, V. Koester, L. Kramer, K. Kulovesi, R. Lefeber, R. Macrory, C.W. Malcomb, G.J. Martin, E. Meidinger, I. Michallet, B. Milligan, M. Montini, E. Morgera, D.M. Ong, E. Orlando, A. Panovic, O. Pedersen, M. Peeters, M. Prieur, A. Proelss, L. Rajamani, C. Redgwell, M. Reese, A. Roehricht, G. Roller, J. Schenten, P. Schwartz, D. Spitzer, T. Stephens, H. Strydom, P. Taylor, E. Tsioumani, J.B. Wiener, G. Winter, Y. Zhao

Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs' claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.

Controlling Pollution in Transition Economies examines and evaluates the recent experience of implementing pollution charges and the use of environmental permits in Central and Eastern Europe and Russia.The book focuses on controlling point-source air and water pollution. It describes and analyses the experience of implementing pollution charges and fines, and the interactions of these fiscal instruments with systems of pollution permits. The ten country case studies have been written by specialists who have been or are actively involved with the development or revision of pollution charges. Based on the experience of these countries, general conclusions are drawn for implementing pollution charge systems in other contexts. This book will encourage new theoretical and empirical work on the problem of implementing economic instruments (pollution charges), in combination with 'command-and-control' instruments (pollution permits). Practitioners and policy analysts as well as graduate students, academics, researchers and environmental consultants will find this book an important contribution to the existing literature.

Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself. Against the background of current global threats to the realisation of rights, including severe environmental degradation and depleted reserves of essential natural resources, this innovative book considers whether dignity has any role to play in addressing these new problems, as well as in securing environmental rights and greater environmental care. The author provides an astute examination of important developments in human and environmental rights across a range of jurisdictions and levels, and considers whether human dignity should play a more central role in judicial considerations regarding environmental rights and environmental threats to human rights. Eminently engaging, this forward-thinking book will prove a critical read for legal academics and scholars with an interest in human dignity and environmental rights, as well as judicial reasoning and legal philosophy more widely. Its practical presentation of recent developments will also be of great importance to practitioners and policy-makers working in human rights and environmental law.

Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.

tells the stories, some for the first time, of eleven individuals who made heroic contributions to protecting our planet through groundbreaking international treaties investigates who was involved, how different personalities impacted the negotiations, what the state of play was and highlights the pivotal make or break moments the range of heroic individuals examined includes Luc Hoffmann, Mostafa Tolba, Maria Luiza Ribeiro Viotti, Raul Oyuela Estrada, Barack Obama and Paula Caballero presents uplifting and gripping narrative an invaluable resource for students, scholars, activists and professionals who are seeking to understand how consensus is reached in these global meetings and how individuals can have a genuine impact on preserving our planet and reinforcing the positive message that global cooperation can actually work

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

This book explores the role of law and policy in circular economy transitions and their impacts on justice, including on distributional equity and recognition and procedural rights, especially for people already marginalised under the current dominant economic system. Amid increasing demand for virgin raw materials, and unsustainable consumption and waste disposal that are driving the global ecological and climate crisis, there are growing calls to urgently transition to circular economies. Despite an increasing number of circular approaches being adopted, implemented, and integrated in national and local laws and policies, the number of commercially successful business stories remains isolated. Moreover, questions about whether circular economy laws and policies are delivering fair and just global outcomes need to be addressed. This book examines this significant knowledge gap to understand legal experiences, including justice and equity issues in the global context, so that these can inform wider design and implementation. The book begins by explaining the concept of a circular economy and its context within wider issues of sustainable development and justice. The first part of the book then examines the legal context of the circular economy by analysing legal forms in practice and those recommended in wider scholarship before considering how these could impact on existing inequity and injustices globally. The second part delivers an empirical understanding of the implications of the law on circular economy approaches and the global equity and justice dimensions through two case studies on solid waste management and forestry. The final part addresses legal opportunities and challenges for wider implementation of circular economy approaches that incorporate justice into its framing. This book will be of great interest to students, scholars, and practitioners of environmental and natural resource law and policy, circular economy, industrial ecology, natural resource management, and sustainable development more broadly.

Re-imagines law as ecolaw. Proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Will appeal both to legal theorists and to others with interests in these areas.

This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as a first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations in broader pollution response mechanisms because it does not aligns comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and Salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as a first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics and practitioners working at the intersection of shipping and environmental law.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies. In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.

examines how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. considers the lessons that can be learnt about the situation of indigenous peoples and local communities. investigates the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge

EU environmental law is now a dominant source of influence in the development and application of environmental law and policy in most Member States. This important new study provides a fresh appraisal of the changing nature of EU environmental legislation, and the tensions between discretion and goals. Above all it tackles the difficult questions of the appropriate role and design of law in tackling current and future environmental challenges. It should be required reading by all those concerned with the future of environmental law, both within Europe and elsewhere, and the authors are to be congratulated on the quality and scope of their analysis.' - Richard Macrory, University College, London, UKThis thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focusing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough investigations of several environmental domains - particularly water law, air quality law, industrial emissions law and climate and energy law - it presents the current state of EU environmental regulatory approaches and suggests potential ways for improvement. It pays close attention to the consequences of EU legislative choices for Member States and balances the need for clear environmental legislation providing enforceable substantive rights to citizens against the wish to leave discretion to Member States. This timely book provides a critical review of the complexity and inherent flexibility of EU environmental law. It will have great appeal to environmental law scholars, political scientists, environmental policy and law consultants and to Governmental officers both in the EU and Member States. Contributors: B. Beijen, M. Bogaart, F. Groothuijse, S. van Holten, A. Keessen, J. van Kempen, F. Oosterhuis, M. Peeters, M. van Rijswick, R. Uylenburg, E. Vogelezang-Stoute