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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
This book poses the question of whether identifiable individual-level attributes (e.g., values, interests, knowledge, demographic characteristics) lead to support for or opposition to the development and implementation of alternative energy technologies. In recent years, attempts to site alternative energy technologies (e.g., wind, solar, wave) have been met by intense opposition from a variety of sources, including many environmentalists from whom one might expect support for non-carbon based renewable energy initiatives. This volume argues that there are indeed such discernible attributes, and moreover that the identification and exploration are important for the development of support strategies for the well-informed and achievable siting of such technologies.
Derived from an undergraduate course taught by the author, this accessible book seeks to challenge and provoke readers by posing a series of topical questions concerning climate change and society. Topic summaries provide answers to technical, socio-economic and moral questions surrounding the deployment of climate science. These include how to build and test a climate model, whom and what is most at risk from climate change, and whether we should geoengineer the climate. Practical exercises and case studies provide deeper insights by taking readers through role-play activities and authentic climate change projects. Supporting materials, including notes for instructors and students, graphics, video-clips, games, and online resources, offer scope for further private study and group work. With a focus on applying climate science in practice, this book is ideal for students of geography, natural science, engineering and economics, as well as practitioners involved in the climate service industry.
This book is open access under a CC BY-NC 2.5 license. This book provides an unprecedented synthesis of the current status of scientific and management knowledge regarding global rangelands and the major challenges that confront them. It has been organized around three major themes. The first summarizes the conceptual advances that have occurred in the rangeland profession. The second addresses the implications of these conceptual advances to management and policy. The third assesses several major challenges confronting global rangelands in the 21st century. This book will compliment applied range management textbooks by describing the conceptual foundation on which the rangeland profession is based. It has been written to be accessible to a broad audience, including ecosystem managers, educators, students and policy makers. The content is founded on the collective experience, knowledge and commitment of 80 authors who have worked in rangelands throughout the world. Their collective contributions indicate that a more comprehensive framework is necessary to address the complex challenges confronting global rangelands. Rangelands represent adaptive social-ecological systems, in which societal values, organizations and capacities are of equal importance to, and interact with, those of ecological processes. A more comprehensive framework for rangeland systems may enable management agencies, and educational, research and policy making organizations to more effectively assess complex problems and develop appropriate solutions.
This book explores the regulation of pesticides in the European Union in order to reveal the complex, controversial, and contested nature of an assessment system proudly declared by the EU to be 'the strictest in the world'. The current regulatory framework is based on Regulation 1107/2009, which substantially reformed the previous system. The analysis describes the new criteria and procedures for the authorization of active substances to be used in the production of pesticides, traces the lengthy policy formulation process, and identifies factors that made policy change possible. Further, the book illustrates the current controversies that characterise the implementation of Regulation 1107/2009: the ban of pesticides harmful to pollinators, the renewal of the authorization of glyphosate, and the definition of criteria for the assessment of endocrine disruption. The author provides information on policy outcomes and highlights persisting shortcomings in the enforcement of EU regulation. This book will appeal to students and scholars from a variety of disciplines, including political science, political sociology, and public policy.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Divided into three sections, this book explores the three main pillars of sustainable development, namely economy, environment and society, and their interlinkages at the regional level. The first section, Access and Benefit Sharing (ABS) for sustainable development, focuses on international agreements and national legislation, as well as the challenges in implementing ABS in e.g. India. In turn, the second section examines the process of forming Biodiversity Management Committees (BMCs) at the Local Self Government (LSG) level to promote environmental sustainability, highlighting local and community-level conservation initiatives that have led to the conservation of habitats and species. The third section addresses poverty eradication and food security. The case studies included demonstrate how the combination of traditional knowledge and modern techniques can enhance the productivity of traditional crop varieties, yielding greater benefits for communities. The aim of this volume is to disseminate the lessons learned from these case studies, as well as the findings from projects already in place, which can offer recommendations that can be applied to similar problems elsewhere in an attempt to find environmental solutions for sustainable development. Further, it introduces readers to new approaches to inclusive development, demonstrating that participation and grass root empowerment are key drivers of equitable and sustainable development.
The first volume of the International Yearbook of Soil Law and Policy includes an important discussion on the implementation of the Sustainable Development Goals that are the basis for the post-2015 development agenda up to the year 2030; the Yearbook focuses in particular on Goal 15, which includes achieving a "land degradation-neutral world." It also provides a comprehensive and highly informative overview of the latest developments at the international level, important cross-disciplinary issues and different approaches in national legislation. The book is divided into four sections. Forewords by internationally renowned academics and politicians are followed by an analysis of the content and structure of the Sustainable Development Goals with regard to soil and land as well as the scientific methods for their implementation. In addition, all relevant international regimes are discussed, including the latest developments, such as the decisions made at the 12th Conference of the Parties to the United Nations Convention to Combat Desertification (UNCCD) and the Paris Agreement on Climate Change. The next section deals with cross-disciplinary issues relevant to the implementation of the Sustainable Development Goals like the right to food, land tenure, migration and the "Economics of Land Degradation" initiative. The last section gathers reports on the development of national legislation from various nations and supra-national entities, including Brazil, China, the European Union, Mongolia, Namibia and the United States. Addressing this broad range of key topics, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses the central questions of law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level.
This book presents an extensive review of the context and an analysis of the market for clean energy technologies, with batteries as the primary case study. The focus of this book is on clean energy technology and in particular, on renewable energy and portable, mobile and stationary battery and energy supply. The authors examine how effectively countries with large and advanced economies are building and coaxing the markets needed to effectively mitigate environmental risk. The analysis takes a country-level perspective of some of the largest and most technologically advanced economies in the world including China, France, Germany, Japan, Korea, the United Kingdom and the United States. The authors explore the measures being taken to foster markets that effectively reduce environmental risk, increase its resilience and even its recovery. In the concluding chapter, the authors suggest that while the market for environmental risk mitigation remains nascent, the possibility for its rapid development is high. A number of market coaxing mechanisms to promote its more rapid development are proposed. The book will be of interest to researchers, policy makers, business strategists, and academics in the fields of political science and business management.
Critically synthesising a range of disparate literatures and debates, this book asks what is at stake in mounting a decisive response to the 'socio-ecological crisis' - a crisis of humanity's relationship with the rest of nature that places social life as we know it in jeopardy. Martin Craig proposes that political economists within and beyond the field of political ecology make an indispensable contribution to the diagnosis of this crisis and the formulation of prescriptions for its resolution. In a wide-ranging yet concise exposition, he assess the fraught relationship between capitalist societies and the biosphere of which they are a part, and urges a renewed emphasis on political-economic structure and strategy when considering responses to the crisis. The result is a proposal for a critical yet inclusive research enterprise - 'ecological political economy' - within which a wide variety of researchers can readily participate.
This book brings together the findings of a multi-disciplinary and international research project on environmental crime in Europe, funded by the European Union (EU). "European Union Action to Fight Environmental Crime" (EFFACE) was a 40-month research project that included eleven European research institutions and think tanks and was led by Ecologic Institute Berlin. EFFACE assessed the impacts of environmental crime as well as effective and feasible policy options for combating it from a multidisciplinary perspective, with a focus on the EU. As part of this project, numerous instances of environmental crime within and outside of the EU were studied and are now presented in this volume. This edited collection is highly innovative in showing not only the many facets of environmental crime, but also how it should be conceptualised and the consequences. An original and rigorous study, this book will be of particular interest to policy makers and scholars of green criminology and environmental studies.
This edited volume discuses urban transport issues, policies, and initiatives in twelve of the world's major emerging economies - Brazil, China, Colombia, India, Indonesia, Iran, Mexico, Nigeria, Russia, South Africa, Turkey, and Vietnam - countries with large populations that have recently experienced large changes in urban structure, motorization and all the associated social, economic, and environmental impacts in positive and negative senses. Contributions on each of these twelve countries focus on one or more major cities per country. This book aims to fill a gap in the transport literature that is crucial to understanding the needs of a large portion of the world's urban population, especially in view of the southward shift in economic power. Readers will develop a better understanding of urban transport problems and policies in nations where development levels are below those of richer countries (mainly in the northern hemisphere) but where the rate of economic growth is often increasing at a faster rate than the wealthiest nations.
A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?
Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance. The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that 'effective' laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.
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.
In this book the author examines the illegal wildlife trade from multiple perspectives: the historical context, the impact on the environment, the scope of the problem internationally, the sociocultural demand for illegal products, the legal efforts to combat it, and several case studies from inside the trade. The illegal wildlife trade has become a global criminal enterprise, following in the footsteps of drugs and weapons. Beyond the environmental impact, financial profits from the illegal wildlife trade often fund organized crime groups and violent gangs that threaten public safety and security in myriad ways. This innovative volume covers several key questions surrounding the wildlife trade: why is there a demand for illegal wildlife products, which actors are involved in the trade, how is the business organized, and what are the harmful consequences. The author performed ethnographic fieldwork in three key markets: Russia, Morocco, and China, and has constructed a detailed picture of how the wildlife trade operates in these areas. Conversations with informants directly involved in the illegal business ensure unique insights into this lively black market. In the course of his journey the author follows the route of the illegal wildlife trade from poor poaching areas to rich business districts where corrupt officials, legally registered companies, wildlife farms and sophisticated criminal organizations all have a share. A fascinating look inside the world of poachers, smugglers and traders.
In this book 60 authors from many disciplines and from 18 countries on five continents examine in ten parts: Moving towards Sustainability Transition; Aiming at Sustainable Peace; Meeting Challenges of the 21st Century: Demographic Imbalances, Temperature Rise and the Climate-Conflict Nexus; Initiating Research on Global Environmental Change, Limits to Growth, Decoupling of Growth and Resource Needs; Developing Theoretical Approaches on Sustainability and Transitions; Analysing National Debates on Sustainability in North America; Preparing Transitions towards a Sustainable Economy and Society, Production and Consumption and Urbanization; Examining Sustainability Transitions in the Water, Food and Health Sectors from Latin American and European Perspectives; Preparing Sustainability Transitions in the Energy Sector; and Relying on Transnational, International, Regional and National Governance for Strategies and Policies Towards Sustainability Transition. This book is based on workshops held in Mexico (2012) and in the US (2013), on a winter school at Chulalongkorn University, Thailand (2013), and on commissioned chapters. The workshop in Mexico and the publication were supported by two grants by the German Foundation for Peace Research (DSF). All texts in this book were peer-reviewed by scholars from all parts of the world.
This book investigates the existing and possible links between the concept of a Carbon Club and the Paris Agreement. In doing so the book defines those criteria that may lead to an effective establishment of a Carbon Club acting within the mandate of the Paris Agreement and identifies the key questions that such an option may help to tackle: Which low-carbon pathways are compatible with the new temperature targets set by the Paris Agreement? Can new entities like the Carbon Club have a decisive role in guaranteeing the alignment of the aggregate mitigating actions with the global objectives identified within the Paris Agreement? What role will be played by market and non-market approaches within the proposed framework? How can economic, social, and environmental sustainability be ensured during the implementation of the Agreement? How can justice and equity be encouraged between the Parties and all the involved actors as required by the Agreement? Which instruments can be designed and adopted to provide the expected degree of transparency for the new system? To respond to these questions the book adopts a holistic approach, able to emphasize the strong interrelations. The book discusses the opportunity to develop a Carbon Club within the Article 6 framework, and provides a feasible roadmap for its means of implementation, rules and governance structure. The final result is a feasible policy proposal that takes into account all the key issues introduced by the questions, and draws a roadmap towards a 'low-carbon Bretton Woods'.
This book outlines how Germans convinced their politicians to pass laws allowing citizens to make their own energy, even when it hurt utility companies to do so. It traces the origins of the Energiewende movement in Germany from the Power Rebels of Schoenau to German Chancellor Angela Merkel's shutdown of eight nuclear power plants following the 2011 Fukushima nuclear accident. The authors explore how, by taking ownership of energy efficiency at a local level, community groups are key actors in the bottom-up fight against climate change. Individually, citizens might install solar panels on their roofs, but citizen groups can do much more: community wind farms, local heat supply, walkable cities and more. This book offers evidence that the transition to renewables is a one-time opportunity to strengthen communities and democratize the energy sector - in Germany and around the world.
The goal of this book is to explore disaster risk reduction (DRR), migration, climate change adaptation (CCA) and sustainable development linkages from a number of different geographical, social and natural science angles. Well-known scientists and practitioners present different perspectives regarding these inter-linkages from around the world, with theoretical discussions as well as field observations. This publication contributes in particular to the discussion on the Sendai Framework for Disaster Risk Reduction (SFDRR) 2015-2030 and the debate about how to improve DRR, including CCA, policies and practices, taking into account migration processes from a large perspective where both natural and social factors are crucial and mutually "alloyed". Some authors see the SFDRR as a positive step forward in terms of embracing a multitude of issues, others doubting that the agreement will lead to much concrete action toward real action on the ground. This book is a timely contribution for researchers, students and policy makers in the fields of environment, human geography, migration, disaster and climate change studies who seek a more comprehensive grasp of contemporary development issues.
This book deals with institutional reforms in response to a mounting environmental crisis in Vietnam. The author introduces the reader to the most important environmental problems that Vietnam is currently facing and shows how the emphasis on economic growth has come at the expense of the natural environment. Following an assessment of the still deteriorating environmental situation, the book develops a theoretical framework of institutional change within the political system seeking to overcome the traditionally static understanding of institutions. The empirical analysis devotes attention to the main aspects on Vietnam's environmental governance including the government, society, businesses and international organizations. The book is based on four years of empirical research including interviews with government officials and representatives of international and national non-governmental organizations, observations of meetings, official documents, and numerous Vietnamese newspaper reports. This book is directed both at academics, students, as well as development practitioners and activists. It seeks to engage those working in the fields of environmental politics, governance, and institutional change in one-party states.
This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).
While economic and other social science expertise is indispensable for successful public policy-making regarding global climate change, social scientists face trade-offs between the scientific credibility, policy-relevance, and legitimacy of their policy advice. From a philosophical perspective, this book systematically addresses these trade-offs and other crucial challenges facing the integrated economic assessments of the Intergovernmental Panel on Climate Change (IPCC). Based on John Dewey's pragmatist philosophy and an analysis of the value-laden nature and reliability of climate change economics, the book develops a refined science-policy model and specific guidelines for these assessments of climate policy options. The core idea is to scientifically explore the various practical implications of alternative climate policy pathways in an interdisciplinary manner, together with diverse stakeholders. This could facilitate an iterative, deliberative public learning process concerning disputed policy issues. This volume makes novel contributions to three strands of the literature: (1) the philosophy of (social) science in policy; (2) the philosophy of economics; and (3) debates about the design of scientific assessments, including the continuous IPCC reform debate. This work is thus interesting for philosophers and other scholars reflecting on the science-policy interface, but also for assessment practitioners, climate policy-makers, and economists. The science-policy approach developed in this volume has already influenced the recent socio-economic IPCC assessment.
This volume brings together, in a central text, chapters written by leading scholars working at the intersection of modeling, the natural and social sciences, and public participation. This book presents the current state of knowledge regarding the theory and practice of engaging stakeholders in environmental modeling for decision-making, and includes basic theoretical considerations, an overview of methods and tools available, and case study examples of these principles and methods in practice. Although there has been a significant increase in research and development regarding participatory modeling, a unifying text that provides an overview of the different methodologies available to scholars and a systematic review of case study applications has been largely unavailable. This edited volume seeks to address a gap in the literature and provide a primer that addresses the growing demand to adopt and apply a range of modeling methods that includes the public in environmental assessment and management. The book is divided into two main sections. The first part of the book covers basic considerations for including stakeholders in the modeling process and its intersection with the theory and practice of public participation in environmental decision-making. The second part of the book is devoted to specific applications and products of the various methods available through case study examination. This second part of the book also provides insight from several international experts currently working in the field about their approaches, types of interactions with stakeholders, models produced, and the challenges they perceived based on their practical experiences. |
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