Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert's involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

Based on interviews with key EPA decision makers and an analysis of the public record, this informative case study demonstrates how the contemporary movement for regulatory reform has actually affected the internal organizational politics of a highly visible administrative agency. The volume offers an in-depth look at how a specific agency effort at regulatory reform can be drastically influenced by the machinations of bureaucratic politics. Evidence is offered to support Cook's claim, in contrast to conventional views, that senior political and career leadership has considerable influence over the policy direction of an administrative agency.

This edited collection provides a cross-sectional review of environmental legislation and administration in the United States, with comparative chapters relating to Canada and New Zealand. The experts look at a variety of environmental issues that create policy problems, and while the book offers no blueprint or prognosis of environmental policy in the twenty-first century, it does offer insights into trends that will influence the future shape of that policy.

The book is prefaced by an overview of the environment as a problem for policy by Lynton K. Caldwell, who has been credited with inventing the term environmental policy. Experts examine the role of risk analysis in policy making; the transnational issues associated with NAFTA and GATT are discussed; and the efforts of the Environmental Protection Agency to integrate policy and administration are described. The perspective of the authors is transnational, with several chapters focusing primarily on U.S. policy.

This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.

This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country's Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and 'corrupt' real estate developers and housing groups as largely contributing to the project's deviation from the law's proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.

The United Nations Conference on the Environment and Development brought over 100 governments together in Rio de Janeiro (3-14 June 1992) to agree action and legal bases for the future protection of the environment. This text elucidates the UNCED process and the Conference itself by assembling the key documents, including the final version of Agenda 21, and using them to recount how UNCED began, developed and finally, in Rio, came to fruition. Each document is preceded by analytical commentary, and a comprehensive index has been included.

WAhrend das VerstAndnis, die Bearbeitung und die LAsung von existierenden Umweltproblemen sowie die Vermeidung neuer Probleme immer schwieriger werden, werden im gleichen Zuge die finanziellen Ressourcen immer knapper. Deshalb stellt sich die Frage nach dem Erfolg von MaAnahmen und nach den MAglichkeiten ihrer Steuerung und Verbesserung umso dringender. Die Erfolgskontrolle stellt eine Schnittstelle zwischen den Umweltnatur- und den Umweltsozialwissenschaften dar. So werden zu ihrer DurchfA1/4hrung einerseits ein detailliertes SystemverstAndnis von Problem und MaAnahme vorausgesetzt, andererseits sind die Formulierung von Zielen, die Ableitung geeigneter Erfolgskriterien und deren Bewertung eindeutig gesellschaftliche Prozesse. Aufgabe der Erfolgskontrolle ist es, diese Aspekte zu verbinden bzw. die Grundlagen hierfA1/4r zu schaffen. Erfolgskontrollen von umweltrelevanten AktivitAten spielen sowohl in Unternehmen als auch in staatlichen Institutionen eine wichtige Rolle.

This book aims to identify the challenges presented by current urban environmental governance practices in fast growing Indian cities, to propose changes to the current governance implementation strategies, and to explore the best practices to achieve sustainable urban models through Indian and global perspectives. With a focus on the city of Bengaluru, the book draws on extensive reviews of literature and data to present current trends and statuses of environmental resource use in growing urban centres of India.The book analyzes the situations that impact urban environmental governance decisions and outcomes and proposes solutions to address these issues for long-term sustainability. Policy makers, researchers, academics and development practitioners in environmental politics and urban governance will find this work of great interest. The book starts by examining different urban environmental threats on global and domestic levels, and provides evidence for the effectiveness of sustainable efforts to curb the impact of crisis-like scenarios. Then the book discusses the role of institutional regimes in influencing urban environmental outcomes through policies, and analyzes the role of various actors in the evolution of urban environmental governance from a legal perspective at global and local scales. In the final chapters, the book explores the trends and status of environmental resource management in Bangalore Metropolitan Area (BMA), and examines the dynamics of local institutions and governance structures for regulating environmental governance for promoting effective sustainable environmental governance in Bengaluru.

A brief yet comprehensive and clearly written compendium of the most important federal energy, environmental, and natural resource statutes through 1982. Freedman's special talent is the ability to relate Congressional intent to the policy context within each act was written. . . . This] is a sweeping panoply of statute summaries replete with citations, and is thus highly suitable as a reference work. "Choice"

This book discusses 69 major federal environmental laws that have a direct impact on companies operating in the United States. Coverage includes every major statute from the Refuse Act of 1899 through recent laws governing nuclear waste policy and solid waste disposal. The statutes discussed included those designed to provide compensation based upon proof of liability and those that establish statutory prohibitions and penalties. For each, the author provides an incisive analysis of the statute itself and of supporting court decisions to show how these statutes have been interpreted in practice.

The National Environmental Policy Act (NEPA), enacted in 1970, requires federal agencies to analyze the environmental effects of all proposed major Federal actions significantly affecting the quality of the human environment. Because the law is so broadly written and has wide application, it is impossible to understand how to comply with NEPA merely by reading the statute. In addition to the statute, NEPA'S implementing regulations written by the Council on Environmental Quality must be consulted as well as the relevant judicial decisions and regulations of individual federal agencies. This book draws together these various sources of NEPA law and presents the law in a clear and readable format designed to be both a practical reference and guide to compliance with the NEPA process and a comprehensive legal analysis of every aspect of NEPA law.

Among the topics addressed by the author are the criteria that make a project subject to NEPA and the procedures mandated by NEPA and its regulations. Issues that frequently arise in NEPA legislation such as standing, ripeness, mootness, and exhaustion of administrative remedies receive extended treatment as do the scope of remedies available under NEPA. The author then provides a complete review and analysis of three state statutes with similar purposes to NEPA and compares them with NEPA. She also includes detailed instructions on the preparation of environmental assessments, environmental impact statements, and supplemental environmental impact statements. The volume concludes by examining major themes in NEPA law. An indispensable handbook for attorneys who deal with environmental transactions and litigation, and for people who prepare NEPA documentation, this book will also be an invaluable reference for members of citizens' groups interested in participating meaningfully in the NEPA process.

This volume discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment.

As the evidence for human-induced climate change becomes more obvious, so too does the realisation that it will harshly impact on the natural environment as well as on socio-economic systems. Addressing the unpredictability of multiple sources of global change makes the capacity of governance systems to deal with uncertainty and surprise essential. However, how all these complex processes act in concert and under which conditions they lead to the sustainable governance of environmental resources are questions that have remained relatively unanswered. This book aims at addressing this fundamental gap, using as case examples the basins of the Po River in Northern Italy and the Syr Darya River in Kyrgyzstan. The opening chapter addresses the challenges of governing water in times of climate and other changes. Chapter Two reviews water governance through history and science. The third chapter outlines a conceptual framework for studying institutional adaptive capacity. The next two chapters offer detailed case studies of the Po and Syr Darya rivers, followed by a chapter-length analysis and comparison of adaptive water resources management in the two regions. The discussion includes a description of resistant, reactive and proactive institutions and puts forward ideas on how water governance regimes can transition from resistant to proactive. The final chapter takes a high-level view of lessons learned and how to transform these into policy recommendations and offers a perspective on embracing uncertainty and meeting future challenges.

That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations.
In Retaking Rationality, Richard Revesz and Michael Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment.
Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmentaland public health regulation.

The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts. Focusing on the circumstances and the prerequisites that must be met in order to construct a potentially successful case, the author addresses the following questions: * On the basis of a high-level review of the relevant scientific literature, what impacts is climate change expected to have on the human and natural environment? * What goals would be served by climate change litigation? * Under what circumstances would the English Courts accept jurisdiction in relation to a climate change claim? * To what extent can existing tort law precedents - e.g., negligence, product liability, public nuisance - be used in climate change-related claims? * To what extent does the existence of a regulatory framework limit or extinguish the liability of the defendants if they can show full compliance with the provisions of the relevant regulations? * How would the current law of causation need to develop in order to overcome the difficulties inherent in ascribing certain forms of damage to climate change? The analysis considers each available cause of action in turn, setting out the elements that would have to be established, as well as highlighting the obstacles that would need to be overcome if the validity of the claim was to be upheld. The defences that would be available to the defendants are also examined, and their effectiveness at invalidating a claim is tested. In addition, the study assesses the remedies that could be claimed in law and equity for climate change-related damage. The analysis also incorporates examination of case law from tobacco, asbestosis, handguns, and other relevant types of litigation - including climate-based litigation cases in the U.S. - where comparable issues of multiple tortfeasors, proportional liability, materiality thresholds, increase in risk, and other complexities of causation have already been considered at some length. By concentrating on tortious liability, the author clearly shows that litigation can become a significant means of compensating climate change victims, encouraging regulatory change, and facilitating a socioeconomic transition away from the fossil fuel economy. Although the book will be of particular interest to lawyers in multinational corporations and certain non-governmental organizations, the book's relevance to a much broader spectrum of jurists, academics, and policymakers is undeniable.

This reference work presents an analysis of the European legislative framework governing waste management and disposal. Waste legislation in the European Union member states derives in large measure directly from European Community directives and regulations. A thorough understanding of the applicable European law is therefore essential for all those involved in waste management and their legal advisers. The author provides a systematic description and analysis of the framework Directive on waste, general laws relating to civil liability, regulations of specific waste management operations (transboundary movements, transport, incineration, dumping and incineration and dumping at sea) and regulations specific to certain categories of waste (hazardous waste, PCB waste, waste oils, packaging, batteries, TiO2 waste, sewage sludge, animal waste and radioactive waste). It further considers the institutional framework and categories of legal measures that have shaped waste legislation, the basic legal principles arising from the Treaties and the political guidelines which lie at the basis of all current and planned regulations.

1 Einleitung.- 1.1 Problemstellung.- 1.2 Vorgehensweise.- 2 Handelspolitische Konzepte und Umweltpolitik.- 2.1 Freihandel und Handelsliberalisierung.- 2.1.1 Smith, Ricardo und die Natur.- 2.1.2 Marktversagen und naturliche Ressourcen.- 2.1.3 OEkonomische Loesungen bei Marktversagen mit negativen Umweltauswirkungen.- 2.1.4 Die oekologische Kritik am neoliberalen Ansatz des Umweltschutzes.- 2.1.5 Konstanter Rohstoffverbrauch.- 2.2 Entwicklung der Umweltoekonomie nach oekologischer Kritik.- 2.2.1 Neue Impulse durch die OEkologische Umweltoekonomie.- 2.2.2 Der Mainstream der Umweltoekonomie.- 2.3 Zusammenfassung.- 3 Handel, Umweltschutz und zwischenstaatliche Beziehungen.- 3.1 Handelspolitische Effekte auf die Umweltpolitik.- 3.1.1 Produkteffekte.- 3.1.2 Skaleneffekte.- 3.1.3 Struktureffekte.- 3.2 Auswirkungen der Umweltpolitik auf internationalen Handel.- 3.2.1 Umweltpolitische Instrumente.- 3.2.2 Politisch relevante Effekte umweltpolitischer Instrumente.- 3.3 Empirische Beobachtungen.- 3.3.1 Negative Auswirkungen.- 3.3.2 Positive Effekte.- 3.3.3 Umweltpolitische Handlungsmoeglichkeiten.- 3.4 Bewertung.- 3.4.1 Effekte des internationalen Handels auf internationale Umweltpolitik.- 3.4.2 Internationale Umweltschutzabkommen.- 3.5 Konflikte zwischen Entwicklungs- und Industrielandern.- 3.5.1 Positionen des Sudens im Querschnittsbereich von Handels- und Umweltpolitik.- 3.5.2 "Gruner Protektionismus" und "OEkoimperialismus".- 3.6 Fazit.- 4 Umweltschutz im GATT/WTO-System.- 4.1 Die Entwicklung des Welthandelssystems und die Integration von Umweltschutz.- 4.1.1 Vom GATT zur WTO.- 4.1.2 Grundprinzipien.- 4.1.3 Ausnahmen und institutionelle Probleme.- 4.1.4 Multilaterale Handelsrunden.- 4.1.5 Wichtige Weichenstellungen.- 4.1.6 Die WTO.- 4.2 Die WTO und Umweltschutz.- 4.2.1 Institutionelle Entwicklungen.- 4.2.1 Die Konferenz von Seattle und moegliche Folgen.- 4.2.2 Grunde fur das "Scheitern" und Blick in die Zukunft.- 4.3 Streitschlichtungsverfahren aufgrund umweltpolitischer Handelsmassnahmen.- 4.3.1 Entwicklung im GATT.- 4.3.2 Streitschlichtung in der WTO.- 4.3.3 Streitschlichtung bei umweltpolitischen Handelsmassnahmen.- 4.4 Eine vorlaufige Analyse der Schlichtungsverfahren.- 4.4.1 Internationale Umweltschutzabkommen.- 4.4.2 Produktions- und Prozessmethoden.- 4.4.3 ArtikelXX-Praambel.- 4.4.4 Artikel XX (b).- 4.4.5 Artikel XX (g).- 4.5 Das Komitee fur Handel und Umwelt.- 4.5.1 Institutionelle Entwicklung.- 4.5.2 Das CTE in der WTO.- 4.5.3 Das CTE-Arbeitsprogramm.- 4.5.4 Aktueller Diskussionsstand.- 4.5.5 OEffentliche Kritik.- 4.6 Implikationen.- 4.6.1 Die Suche nach dem Ausgleich.- 4.6.2 Implikationen der Streitfalle.- 4.6.3 Politoekonomische Zusammenhange.- 4.6.4 Grenzen der Abwagung.- 5 Die EU, Umweltschutz und Handelspolitik.- 5.1 Umweltpolitik im Binnenmarkt.- 5.1.1 Die Entwicklung der Umweltpolitik in der EU.- 5.1.2 Die Rechtsgrundlagen europaischer Umweltpolitik.- 5.1.3 Umweltpolitik und politische Integration.- 5.1.4 Kritik und Unzulanglichkeiten europaischer Umweltpolitik.- 5.1.5 Der Europaische Gerichtshof und umweltpolitische Handelsmassnahmen.- 5.2 Die internationale Dimension europaischer Umweltpolitik.- 5.2.1 Die Entwicklung internationaler Umweltpolitik der Gemeinschaft.- 5.2.2 Die EU als Akteur.- 5.2.3 Das 5. Umweltaktionsprogramm - "Hin zu Nachhaltigkeit".- 5.3 Die internationale Handelspolitik der Gemeinschaft.- 5.3.1 Die Position der Gemeinschaft im Welthandel.- 5.3.2 Die Rechtsgrundlagen.- 5.3.3 Handelspolitische Instrumente.- 5.3.4 Allgemeine Aspekte der gemeinschaftlichen Handelspolitik.- 5.4 Die Gemeinschaft und die Wechselwirkungen zwischen Umweltschutz und Handel.- 5.4.1 Die programmatische Diskussion uber Handel und Umwelt in der Gemeinschaft.- 5.4.2 Umweltpolitische Handelsmassnahmen der Gemeinschaft.- 5.4.3 Schlussfolgerungen.- 6 Schlussbetrachtung.- 6.1 Handelspolitische und umweltpolitische Konzepte.- 6.2 Die Wechselwirkungen in den zwischenstaatlichen Beziehungen.- 6.3 Die WTO und di

This compact and elegant work (equally fitting for both academic as well as the trade audiences) provides a readily accessible and highly readable overview of Bhutan's unique opportunities and challenges; all her prominent environmental legislation, regulatory statutes, ecological customs and practices, both in historic and contemporary terms. At the same time, Bionomics places the ecological context, including a section on animal rights in Bhutan, within the nation's Buddhist spiritual and ethical setting. Historic contextualization accents the book's rich accounting of every national park and scientific reserve, as well as providing up-to-the-minute climate-change related hurdles for the country. Merging the interdisciplinary sciences, engineering and humanities data in a compelling up-to-date portrait of the country, the authors have presented this dramatic compendium against the backdrop of an urgent, global ecological time-frame. It thus becomes clear that the articulated stakes for Bhutan, like her neighboring Himalayan and Indian sub-continental countries (China, India, Bangladesh and Myanmar) are immense, as the Anthropocene epoch unfolds, affecting every living being across the planet. Because Bhutan's two most rewarding revenue streams derive from the sale of hydro-electric power and from tourism, the complexities of modern pressures facing a nation that prides herself on maintaining traditional customs in what has been a uniquely isolated nation are acute.

Sustainable development and the protection of the environment are concepts that have become inescapably connected. At the World Summit on Sustainable Development in Johannesburg in September 2002, the challenges facing the global environment were discussed at length. Air, water and marine pollution continue to rob millions of a decent life, loss of biodiversity continues, fish stocks are being depleted, desertification claims more fertile land, climate changes are having devastating effects, natural disasters are more frequent and developing countries are even more vulnerable. (Principle 13). This volume examines these important issues and adapts a practical approach. It outlines the programme of sustainable development in concrete fields of economic and environmental cooperation. The concept for this volume originated from the Conference on Exploitation and Management of Natural Resources in the Twenty-First Century: The Challenge of Sustainable Development. The Conference was organised by the British Institute of International and Comparative Law and the Department of Law at Queen Mary, University of London.

The book reveals how green buildings are currently being adapted and applied in developing countries. It includes the major developing countries such as China, Indonesia, Malaysia, Thailand, Pakistan, Cambodia, Ghana, Nigeria and countries from the Middle East and gathers the insights of respected green building researchers from these areas to map out the developing world's green building revolution. The book highlights these countries' contribution to tackling climate change, emphasising the green building benefits and the research behind them. The contributing authors explore how the green building revolution has spread to developing countries and how national governments have initiated their own green building policies and agendas. They also explore how the market has echoed the green building policy, and how a business case for green buildings has been established. In turn, they show how an international set of green building standards, in the form of various techniques and tools, has been incorporated into local building and construction practices. In closing, they demonstrate how the developing world is emerging as a key player for addressing the energy and environmental problems currently facing the world. The book helps developers, designers and policy-makers in governments and green building stakeholders to make better decisions on the basis of global and local conditions. It is also of interest to engineers, designers, facility managers and researchers, as it provides a holistic picture of how the industry is responding to the worldwide call for greener and more sustainable buildings.

With the rapid growth of global industrialization, there has been substantial consumption of fossil fuels such as coal, petroleum, and natural gas along with growing carbon dioxide emissions. Unprecedented environmental and ecological crisis clouded the world. Fortunately, the Climate Conference in Copenhagen signaled hope amid the sluggish global economic recovery. Countries worldwide have been braced for developing their scientific and industrial strategies in the era of post financial crisis with a green and low-carbon philosophy. In 2008, the UN unveiled a plan for green politics and green economy, which is well-received and carried out by countries worldwide. China s 30-year rapid economic development has attracted worldwide attention. However, how to develop in a sustainable manner when faced with acute contradictions between economic growth, resources and environment has posed great challenges to China. Therefore, it is of great significance for us to speed up the study of green development and find a rational growth model. This study is completed by Prof. Li Xiaoxi and the dedication of other leading thinkers in economics, management, environment and resources together with the help of China Economic Monitoring and Analysis Center (CEMA)."

Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each state's right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

The main challenge to international environmental law is to strike an adequate balance between the discretion of states to undertake economically attractive activities and the need for constraint in order to protect the environment. Based on one particularly elaborate environmental regime (the regime for transboundary water pollution as it applies to the Netherlands) this book examines how international law has sought to replace discretion by constraint, and what limitations have been encountered with that endeavour. The study provides a comprehensive assessment of the main assets and lacunae of the regime for transboundary water pollution. It discusses the applicable substantive and procedural rules (including new developments, such as the precautionary principle, the obligation to conduct environmental impact assessments); the combined use of legal rules (such as the 1992 Convention on the Protection of Transboundary Watercourses and the 1992 Paris Convention on the Protection of the Marine Environment of the North-East Atlantic) and non-legal rules (such as the Rhine Act Programme), and the application of procedures to control the implementation of states' obligations. Since many of the issues are not exclusively relevant to transboundary water pollution, the main conclusions of this study may prove directly applicable to other international environmental regimes.

This timely book focuses on achieving a sustainable future through the reform of green fiscal policy. Green fiscal policies help not only provide the needed financing but may also serve the Sustainable Development Goals adopted by the United Nations in 2015. In this volume environmental tax experts review the development of fiscal carbon policy, consider the impact of green taxation on trade and competition, analyze the lessons learned from national experiences with fuel and energy pricing, and evaluate a variety of green economic instruments. A comprehensive range of green economic instruments is evaluated, covering emissions trading schemes, energy tax systems, global natural resource consumption taxes and fiscal intervention. The contributions from leading environmental taxation scholars consider thought-provoking innovations in policy and law to deal with climate change and explore a range of fiscal strategies designed to mitigate the negative and maximise the positive effects of a carbon economy. This is a vital reference work for students and academics in environmental law, economics and sustainability, and will serve as an excellent guide for policy makers and those involved in fiscal reform. Contributors include: C. Brandimarte, J. Bruha, H. Bruhova-Foltynova, L. del Federico, A. Gerbeti, S. Giorgi, E. Guglyuvatyy, S.-A. Joseph, C. Kettner, D. Kletzan-Slamanig, D. Leary, Y. Motoki, A. Naito, P. Pearce, V. Pisa, N.P. Stoianoff, S.L. Tan, X. Wang, S. Wright, J. Wu, Z. Yang