This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli-Palestinian conflict.

This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons' rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.

This book will discuss the legal tools offered by international law that can support foreign direct investment (FDI) in the renewable energy sector in the Global South. Promoting and increasing investment in the renewable energy sector is crucial for limiting global temperature rise to 1.5 DegreesC and addressing energy poverty in the Global South. In this volume, Avidan Kent explores the various home-country measures (HCMs) offered by international law that support FDI in the renewable energy sector. This book provides a bird's eye evaluation of HCMs from fields such as trade law, investment law, environmental law, development law and more. It reveals that while international law indeed offers many legal tools to support investors' needs, the current legal framework is fragmented; most legal instruments were designed in isolation and the potential for mutually supportive, synergetic policies has been explored only to a limited extent. This fragmented reality is in contradiction to the notion of Policy Coherence for Development, which is increasingly gaining support in leading institutions in Europe and elsewhere. This book will provide recommendations on the manner in which HCMs can be connected in order to maximise their potential and boost investment in renewable energies in the developing world. International Law and Renewable Energy Investment in the Global South will be of great interest to scholars, students and practitioners of international law, energy studies, development studies and IR more broadly.

This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.

This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.

This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO's Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019. The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.

This collection seeks to expand the limits of current debates about urban commoning practices that imply a radical will to establish collaborative and solidarity networks based on anti-capitalist principles of economics, ecology and ethics.

This book explores the relationship between oil pollution laws and environmental justice by comparing and contrasting the United States and Nigeria. Critically, this book not only examines the fluidity of oil pollutions laws but also how effective or ineffective enforcement can be when viewed through the lens of environmental justice. Using Nigeria as a case study and drawing upon examples from the United States, it examines the legal and institutional challenges impacting upon the effective enforcement of laws and provides a contrasting view of developed and developing countries. Focusing on the oil and gas industry, the book discusses the laws and international acceptable standards (IAS) in these industries, the principles behind their application, the existing barriers to their effective implementation, and how to overcome those barriers. Utilising an environmental justice framework, the book demonstrates the synergy between policy-making, human rights, and justice in oil-producing regions as well as addressing the importance of protecting the rights of minorities. Through a comparative analysis of the United States and Nigeria, this book draws out enforcement approaches and mechanisms for tackling oil-related pollution with a view to reducing environmental injustice in developing countries. Examining the role of NGOs in pursuing environmental justice matters, the book showed the regional courts as one avenue of overcoming the enforcement challenges faced by the developing countries. This book will be of great interest to students and scholars of environmental law, environmental justice, minorities' rights, business and human rights, energy law, and natural resource governance.

This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

Licensing law is a wide ranging , detailed and complex body of law within the UK. This book comes at a time when local authorities are required to consider and approve, or reject, applications for an increasing number and very wide range of licences. The book provides easy to read, and easy to follow procedures for a wide range of licences which local authorities and other public bodies are required by law to consider and issue. Each chapter addresses a distinct topic and the book includes guidance on local authority and court procedures. The main legal procedures used in the licensing field are presented as flow charts supported by explanatory text. Licensing professionals and students will find this essential reading. It will also be a valuable reference for all those whose responsibilities demand they keep abreast of current licensing practices.

1. This book has a multi-disciplinary market across criminology, sociology, law and environment and sustainability studies. 2. Rob White is the key figure in the development of Green Criminology; courses on the topic are usually at upper-level undergraduate so this will find a market as a supplementary for students looking to understand theoretical and conceptual approaches with the seminal essays all in one place.

Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.

This book addresses the ways in which the Black Summer megafires influenced the development of climate narratives throughout 2020. It analyses the global pandemic, and its ensuing restrictions, as a countervailing force in the production of such narratives. Lives and properties were lost in the spring and summer of 2019 and 2020, when catastrophic bushfires burnt through millions of hectares of mainland Australia. Nearly 3 billion native animals died. And for millions of Australians, and others worldwide, it was through the Australian megafires that the global climate emergency became tangible and concrete, no longer a comfortably deferred, albeit problematic abstraction which could be consigned to future generations to deal with. This book explores the legal and other implications of new understandings of climate emergency arising from the fires, and the emergence of a hierarchy of emergencies as the pandemic came to dominate global and domestic political discourses. It examines narratives of culpability, and legal avenues for seeking retribution from government and big fossil fuel emitters. It also considers the impact of the fires on the burgeoning phenomenon of climate activism, particularly in Australia, and the ways in which pandemic restrictions curtailed such activism. Finally, the book reflects on the fires through the lenses offered by climate fiction, and apocalyptic fiction more generally, in order to consider how these shape, and might shape, our responses to them. This important and timely book will appeal to environmental lawyers and socio-legal theorists; as well as other scholars and activists with interests in climate change and its impact. It is recommended for anyone concerned about current and future climate disasters, and the shortcomings in legal, political and popular responses to the climate crisis.

This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent's natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.

This book provides a reimagining of how Western law and legal theory structures the human-earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human-earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human-earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed 'Cosmic Person' as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human-earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

With cities increasingly following rigid rules for designing out crime and producing spaces under surveillance, this book asks how information shapes bodies, space, and, ultimately, policymaking. In recent years, public spaces have changed in Western countries, with the urban realm becoming an ever-more monitored, privatised, homogeneous, and aseptic space that has lost its character, uniqueness, and diversity in the name of 'security'. This underpins precise moral and political choices in terms of what a space should be, how it can be used, and by whom. These choices generate material consequences concerning urban inequality and freedom, or otherwise, of movement. Based on ethnographic and autoethnographic explorations in London's 'criminal' spaces, this book illustrates how rules, policies, and moral values, far from being abstract concepts, are in fact material. Outlining the basis of a new urban information ethics, the book both exposes and challenges how moral values and predefined categories are applied to, and materially shape, the movement of bodies in urban space with regard to crime and security policies. Drawing on Gilbert Simondon's information theory and a wide range of work in urban studies, geography, and planning, as well as in surveillance studies, object-oriented ontology, and contemporary theoretical work on both materiality and affect, the book provides a radically new perspective on urban space in general, and crime and security in particular. This book uses a balanced mix of theoretical concepts and empirical study to bring theory and practice together in an intertwining of ethnography and autoethnography. This book will be of interest to students and scholars in the fields of urban studies, urban geography, sociology, surveillance studies, legal theory, socio-legal studies, planning law, environmental law, and land law.

Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors' procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations' representatives.

This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the 'flexible mechanism' (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as 'voluntary cooperation' or 'sustainable development' mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.

Sustainable Development has become the leading concept of the 21 century. It describes a development, which agrees with the needs of the present generation but does not endanger the chances of the coming generations to satisfy also their needs. "Sustainable development" has become an important general goal for all fields of life like economy, ecology and social balance. The development and shaping of our future has been discussed internationally like on the summits of the Conferences in Rio and in Johannesburg. But this is also a topic on national base in various countries. Leading authorities in various fields of economy and politics have also accepted this concept. Although the concept of sustainable development has been generally accepted, there are still problems how to achieve and evaluate these general goals. It is clear that the definitions about the prime needs vary from man to man, from country to country and from continent to continent. But pollution does not respect national borders. Therefore, it is necessary to develop the politics of economy, ecology and social demands by a synergistic way that they are strengthened by each other. If it is not possible to stop tendencies, which threaten the future quality of life, the cost demands of societies will dramatically increase and negative tendencies will become irreversible.

Climate Change Law and Policy in the Middle East and North AfricaRegion provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region. This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies-focusing on transparency, accountability, gender justice, and other human rights safeguards-needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation. Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.

This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.

This book argues for a balanced approach to 'greening' the World Trade Organization (WTO) ban on China's export duties without opening the floodgates to protectionism. As a result of the China-Raw Materials and China-Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China's export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely 'export duties plus': export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.

Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia's strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.