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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
The core concern of this book is the potential use of taxation and related measures to foster climate-helpful, large-scale change within East Asia. The contributing authors examine key cases such as how Greater China, for instance, confronts severe environmental problems which are a direct product of several decades of remarkable economic growth. The detailed analysis in this book identifies a range of green taxation guidelines for East Asia as it seeks to drive down striking levels of environmental degradation - and address the climate change challenge. Addressing an important need in the public policy debate, this book will appeal to academics, students, government policy makers, regulators and practitioners in environmental law, taxation law and policy, as well as, comparative environmental law and comparative taxation law and policy. Public policy commentators and journalists with an interest in the above areas will also find this book worthwhile and informative. Contributors include: A. Cockfield, M. Derlen, S. Griffiths, W. Gumley, J. Lindholm, J. Milne, S. Phua, N. Stoianoff, J. Vanderwolk, Y. Xu
Environmental Taxation in China and Asia-Pacific contains an integrated set of detailed chapters providing insights and analysis on how fiscal policy can be used to achieve environmental sustainability. Highly topical chapters include energy tax policy in China, environmental fiscal reform, carbon tax policy in northeast Asia and environmental taxation strategies in China, Asia and Australia, as well as many other relevant topics. Written by distinguished environmental taxation scholars from around the world, the emphasis of this book is on finding solutions to environmental problems which merit serious consideration by policy makers as well as academics in environmental law and other academic disciplines. Contributors include: H. Ashiabor, K. Bachus, B. Butcher, J. Cao, J. Cottrell, S. Gao, C. Ge, T.T. Le Nguyen, X. Liu, F. Long, Y. Lu, A. Mortimore, R. Nel, T.H.Y. Nguyen, G. Nienaber, K. Ogisu, P. Pearce, Y. Ren, M. Sacccasan, T. Shishime, S. Suk, G. Sun, S.L. Tan, D.J. Thampapillai, J. Wang, W. Wang
This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla s book makes a valuable contribution to the debate.' --Graham Dutfield, University of Leeds, UK 'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while the food insecurity seem to be a constant companion to many in spite of decades of our work on securing food as a fundamental right for the poor.' -- Balakrishna Pisupati, United Nations Environment Programme, Kenya 'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' -- Duncan Matthews, Queen Mary University of London, UK This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyzes developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, and biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies. Contents: 1. Introduction and Overview; 2. Patents, Agricultural Innovation and Sustainable Development; 3. Plant Intellectual Property Protection: Patents and Plant Variety Rights; 4. The International Legal Framework of Access to Plant Genetic Resources and Benefit Sharing; 5. Case Study: The Regulation of Crop Diversity in Viet Nam; 6. Conclusions; Bibliography; Index
Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.
This book takes a new approach on understanding causes of extreme poverty and promising actions to address it. Its focus is on marginality being a root cause of poverty and deprivation. "Marginality" is the position of people on the edge, preventing their access to resources, freedom of choices, and the development of capabilities. The book is research based with original empirical analyses at local, national, and local scales; book contributors are leaders in their fields and have backgrounds in different disciplines. An important message of the book is that economic and ecological approaches and institutional innovations need to be integrated to overcome marginality. The book will be a valuable source for development scholars and students, actors that design public policies, and for social innovators in the private sector and non-governmental organizations.
This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
This book offers a guide, for companies, pension funds, asset managers, and other institutional investors, on how to commence the legal, governance, and financial strategies needed for effective climate mitigation and adaptation, and to help distribute the economic benefits of these actions to their stakeholders. It takes the reader from ideas to action, from first steps to a more meaningful contribution to the move towards a net zero carbon world. It can serve as a helpful guide to everyone implicated in a corporation's activities - employees, pensioners, consumers, banks and other lenders, policymakers, and community members. It offers insights into what we should be expecting, and asking, of these fiduciaries who have taken responsibility for effectively managing our savings, our retirement funds, our investments, and our tax dollars.
Die Umwelt wird in internationalen bewaffneten Konflikten nicht allein durch das KriegsvAlkerrecht geschA1/4tzt. Dies zeigen die Untersuchungen dieses Buches. Anwendung finden auch die Bestimmungen des (Friedens-)UmweltvAlkerrechts, welche die Umwelt im Interesse der Staatengemeinschaft als Ganzes schA1/4tzen. Dazu gehAren u.a. die Bestimmungen zum Schutz der Umwelt der Antarktis und des Weltraums, die umweltschA1/4tzenden Vorschriften des SeerechtsA1/4bereinkommens sowie die Klimarahmenkonvention und das Aoebereinkommen zum Schutz der biologischen Vielfalt. Sie binden - in Analogie insbesondere zu MenschenrechtsvertrAgen - die sich bekAmpfenden Staaten. Nur ausnahmsweise und bei Vorliegen besonderer Notlagen wAhrend eines bewaffneten Konfliktes kann eine Modifizierung dieser Pflichten zum Schutz der Umwelt angenommen werden.
This book argues that social and environmental policy should be synthetically treated as one and the same field, that both are but two aspects of the same coin - if sustainability is the goal. Such a paradigm shift is indicated, important, and timely to effectively move towards sustainability. This book is the first to take this approach and to give examples for it. Not to synthetically merge the two fields has been and will continue to be highly insufficient, inefficient and contradictory for policy and public administration aiming for a transformation towards a sustainable world. In general, social problems are dealt with in one "policy corner" and environmental problems in another. Rarely is social policy (at large) concerned with its impact on the environment or its connection with and relevance to environmental policy. Equally, environmental problems are generally not seen in conjunction with social policy, even though much environmental policy directly relates to health, nutrition, migration and other issues addressed by social policy. This book intends to correct the pattern to separate these very significant and large policy fields. Using examples from diverse academic and applied fields, it is shown how environmental policy can (and should) be thought of as social policy - and how social policy can (and should) simultaneously be seen as environmental policy. Tremendous benefits are to be expected.
This book is about conflicts between different stakeholder groups triggered by protected species that compete with humans for natural resources. It presents key ecological features of typical conflict species and mitigation strategies including technical mitigation and the design of participatory decision strategies involving relevant stakeholders. The book provides a European perspective, but also develops a global framework for the development of action plans.
This short book sets out to explore the concept of nature in the context of a changing reality, in which the extent of our transformation of the environment has become evident: What is nature and to what extent has humanity transformed it? How do nature and society relate to one another? What does the idea of a sustainable society entail and how can nature be understood as a political subject? What is the Anthropocene and how does it affect nature as both an idea and a material entity? Has nature perhaps "ended?" In addressing these questions, the author delivers a concise but meaningful study of contemporary understandings of nature, one that goes beyond the limits posed by a single discipline. Adopting a truly comprehensive perspective, the work incorporates classical disciplines such as philosophy, evolutionary theory and the history of ideas; new and mixed approaches ranging from environmental sociology to neurobiology and ecological economics and the emerging area of the environmental humanities and represents a growing branch of political thought that views nature as a new political subject.
The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are not legally binding can change the behaviour of states as well as or better than legal norms do.
Chemical additives are used to enhance the properties of many industrial products. Since their release into the environment is a potential risk for man and nature, their fate and behavior have been investigated in the framework of the European Union-funded project RISKCYCLE. The results are presented in two volumes, Global Risk-Based Management of Chemical Additives I: Production, Usage and Environmental Occurrence and Global Risk-Based Management of Chemical Additives II: Risk-Based Assessment and Management Strategies. This book is the second of the two volumes and features two main parts. In the first part, experts in the field discuss different models related to the assessment of the potential risks posed by chemical additives and analyze their benefits and drawbacks. In the second part, specific case studies in which the models have been applied are presented and the reliability of the models is evaluated. This volume is an invaluable source of information for scientists and governmental agencies dealing with the risk assessment of chemicals on a global scale.
Over the last 50 years there has been a growing appreciation of the important role that farmers play in the development and conservation of crop genetic diversity, and the contribution of that diversity to agro-ecosystem resilience and food security. This book examines policies that aim to increase the share of benefits that farmers receive when others use the crop varieties that they have developed and managed, i.e., 'farmers varieties'. In so doing, the book addresses two fundamental questions. The first question is 'how do farmer management practices - along with other factors such as environment and the breeding systems of plants - affect the evolution and maintenance of discrete farmers' varieties?' The second question is 'how can policies that depend on being able to identify discrete plant varieties accommodate the agricultural realities associated with the generation, use and maintenance of farmers' varieties?' This focus on discreteness is topical because there are no fixed, internationally recognized taxonomic or legal definitions of farmers' varieties. And that presents a challenge when developing policies that involve making specific, discrete farmers' varieties the subject of legal rights or privileges. The book includes contributions from a wide range of experts including agronomists, anthropologists, geneticists, biologists, plant breeders, lawyers, development practitioners, activists and farmers. It includes case studies from Asia, Africa, Latin America and Europe where, in response to a diversity of contributing factors, there have been efforts to develop policies that provide incentives or rewards to farmers as stewards of farmers' varieties in ways that are sensitive to the cultural, taxonomic and legal complexities involved. The book situates these initiatives in the context of the evolving discourse and definition of 'farmers' rights', presenting insights for future policy initiatives.
Enabling Environment is as real as it gets. The global commons are jointly owned and their inhabitants are jointly obligated to ensure their preservation. In the face of protracted negotiations, convoluted documentation, discord, and incessant bickering among scientists, activists, pressure groups of various hues, politicians and negotiators, very often the people on the ground are ignored or taken for granted. In the meantime, life meanders along. It is these 'everyday individuals' who make consumption-related choices on their lifestyles, travel or on preferring certain products or services over others. Enabling Environment puts the individual front and center. Ecosystem services need to be recognized, appropriately priced and the costs allocated to the agents concerned. Enabling Environment is about defining economic and non-economic incentive structures and utilizing them to arrive at pro-environmental outcomes. This collection of articles illustrates the use of existing social, economic and regulatory structures, and the financial architecture and instruments, suitably modified or extended, to help internalize the environmental externality.
Facts and feelings constitute a complex tension in modern science. Not only can public opinion deviate from scientific knowledge, but that knowledge itself can be lacunose or contradicting. Managing Facts and Feelings in Environmental Governance examines this internal friction, between the need to engage the public in the importance of environmental governance and the demand of professional expertise to address the issues that arise. This timely and insightful book acknowledges the growing role of behavioural science in the determination of environmental policy, regulation and decision-making, providing astute guidance to decision-makers regarding how to balance the needs of public participation procedures and professional expertise. Its multidisciplinary approach provides new insights in the field of public participation, enabling further analysis of environmental psychology, equality law and fundamental rights and offers concrete guidance on how to approach natural science in court. Engaging with the role that the precautionary principle can play in balancing tensions between public and academic spheres, this book includes a state-of-the-art account of the precautionary approach under EU and International Law. Combining law in action with academic approaches, this book is a must-read for scholars of environmental law, governance and regulation. It also offers valuable guidance for decision-makers and NGOs active in environmental protection, as well as environmental lawyers at national, European and international levels.
Today's youth will face global environmental changes, as well as complex personal and social challenges. To address these issues this collection of essays provides vital insights on how science education can be designed to better engage students and help them solve important problems in the world around them. Assessing Schools for Generation R (Responsibility) includes theories, research, and practices for envisioning how science and environmental education can promote personal, social, and civic responsibility. It brings together inspiring stories, creative practices, and theoretical work to make the case that science education can be reformed so that students learn to meaningfully apply the concepts they learn in science classes across America and grow into civically engaged citizens. The book calls for a curriculum that equips students with the knowledge, skills, attitudes and values to confront the complex and often ill-defined socioscientific issues of daily life. The authors are all experienced educators and top experts in the fields of science and environmental education, ecology, experiential education, educational philosophy, policy and history. They examine what has to happen in the domains of teacher preparation and public education to effect a transition of the youth of America. This exciting, informative, sophisticated and sometimes provocative book will stimulate much debate about the future direction of science education in America, and the rest of the world. It is ideal reading for all school superintendents, deans, faculty, and policymakers looking for a way to implement a curriculum that helps builds students into responsible and engaged citizens.
This book develops a new theory of the modern economy. Conventional economic theory is (still) based on an essentially static notion of equilibrium. In contrast, this book offers an analysis of the economic process based on a truly dynamic approach. It understands modern economic activity as manifesting itself in a growth spiral. There are two main drivers of the dynamics of this spiral: steady money creation in the banking system, on the one hand; and the continuous inflow of energy and raw materials through the exploitation of natural resources, on the other. Both driving forces are generally neglected by the conventional theory. Understanding their role is absolutely essential for preventing our economy from being more and more exposed to financial and ecological crises. This book offers important insights about the functioning of the modern economy and addresses the specialist as well as the interested lay reader.
I had the pleasure of participating at the two conferences which form the basis of this book: as a chairman at the 2007 The Hague Conference 'Tackling Climate Change - An appraisal of the Kyoto Protocol and options for the future' and as a speaker at the 2006 Siena Conference' The Kyoto Protocol and beyond: a legal perspective'. I would like to thank my colleagues Wybe Douma, Leonardo Massai and Massimiliano Montini for those opportunities, and although I was, unfortu nately, unable to contribute a paper to this book due to time constraints, I am glad to be able to say a few words on the issue by means of this foreword. The timing of the two conferences was well chosen: the period between the Siena Conference (June 2006) and The Hague Conference (March 2007) encapsu lated perfectly the period of the drafting, the presentation and the approval of the 'Integrated Energy and Climate Change Package', as presented by the European th Commission on the 10 of January 2007 and as approved by the Spring European th th Council of the 8 and 9 of March 2007. The importance of the Commission's package and the Council's conclusions must be strongly emphasized. They set, at the EU level, legally binding targets regarding the reduction of greenhouse gas of energy, and biofuels.
The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that under International Law the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations whereas under Community Law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and its obligations, as well as the discrepancies between International Law and Community Law in that regard. The book is a useful tool for academics, practitioners, consultants and all stakeholders operating in the field of environmental law and climate change. Leonardo Massai is a legal expert and lecturer in International and EU Environmental Law and Climate Change.
Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general. This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors - many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts. The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements - 'ecosystems of legal instruments'.
Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe". The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision. This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field. |
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