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

This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.

This Research Handbook examines one of the most dynamic areas of public international law: the interaction between environmental law and policy and international investment law. The multiplicity of forms that interaction takes is the core theme of this Research Handbook. The contributors are drawn from a variety of legal backgrounds to give a well-rounded view of this complex relationship. Taking a thematic approach, this Research Handbook provides analysis on key issues in the environment-investment nexus, including freshwater resources, climate, biodiversity and sustainable development. The expert contributors unpack the complexities of this field of research through investigating regional experiences, assessing practices and procedures, and offering innovative approaches and new critical perspectives on the issues involved. The Research Handbook demonstrates that the exact nature of the relationship between environmental law and investment law is still evolving and, in so doing, indicates directions for future research. This timely Research Handbook will be of great interest to scholars who are researching the interactions between environmental law, international investment law and sustainable development. More widely, those with a research interest in public international law will find this to be a compelling reference tool. Contributors include: R.J. Anderson, F. Baetens, A.K. Bjorklund, G. Bottini, C. Brown, D. Cucinotta, M. Ferrer, S. Frank, U. Kriebaum, J. Levine, D. Liang, E. Luke, S. Luttrell, E. Mendez Brautigam, K. Miles, I. Odumosu-Ayanu, N. Peart, J. Peel, B.J. Richardson, A. Telesetsky, K. Tienhaara, V. Vadi, J.E. Vinuales, R. Weeramantry, R. Yotova

National institutions involved in environmental policy planning respond more to the accommodation of special interests, whether vested, parochial, or societal, than to the realities of technological advances. This situation, combined with the added problem of widespread scientific illiteracy, makes the formulation of effective environmental policy a very difficult task to accomplish.

Our politico-legal system and relationships among science, scientists, and society are explored here with specific attention to issues arising from pharmaceutical innovation and biotechnology. The identification of the resultant dilemmas reveal disenfranchisement and point to possible means of reform. Howell focuses on the need for multilateral responsibility for communication to improve the accommodation of science in policy. A truly multidisciplinary study, this book is for environmental planners as well as the interested public.

Vaughan's perceptive analysis of EU chemicals regulation vividly portrays new governance as an intricate world of 'hybrid' governance. It is a world in which a range of legislative and non-legislative texts and tools encounter one another in normative frameworks that are rather more fluid than fixed. Not only do we learn a great deal about EU chemicals regulation, our understanding of the complex legal character of new governance in the EU is greatly enriched.' - Kenneth Armstrong, University of Cambridge, UK'This fascinating and original monograph examines the EU's innovative regime for the regulation of chemicals. It will be of great interest to lawyers and political scientists who are interested in chemicals regulation, but also crucially to those who are not. The volume uses chemicals regulation as a case study to shed light upon broader debates in EU law and governance, including the role played by 'soft law' instruments in EU law and the pressing accountability issues to which this gives rise.' - Joanne Scott, University College London, UK 'Steven Vaughan's book on the EU's REACH regime is a splendid case study in new governance. It has been said that 'there is nothing more practical than a good theory.' Producing a good, practical theory, however, requires not just strong academic skills, but also practical experience. Vaughan brings both to the task of analyzing how 'new governance' plays out in the area of chemical regulation. His insightful analysis demonstrates that much highbrow academic theory on REACH and new governance is inaccurate.' - Lucas Bergkamp, Partner, Hunton & Williams, Brussels This perceptive book provides an exploratory, explanatory and normative account of the EU Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and its regulator, the European Chemicals Agency (ECHA). With more than one million words of official ECHA guidance to accompany and underpin the 516 pages of REACH, comprehension of these cooperative regimes is often confounded. Through rigorous analysis of REACH and ECHA's guidance, this book offers a critical insight into hybrid new governance, the situation whereby hard law is conjoined with soft law. Steven Vaughan uses his practical and academic expertise in environmental law to present an accessible and multidimensional account of the core elements of REACH and its associated guidance. The overarching discussion challenges existing assumptions about new governance to establish a basis for academic commentaries on EU chemicals regulation and hybridity in law and governance. Acute and discerning, this book will act as a useful reference tool for environmental and public law scholars and students interested in EU chemicals regulation, new governance and hybridity. Legal practitioners and policy makers alike will find value in the acumen into REACH for both advisory remarks and areas of potential reform.

When Europeans first arrived at what is now California's San Joaquin Valley, they found a vast landscape of wetlands, small ponds, riparian forests, and grasslands surrounding three large swampland lakes. What greets a visitor to the region today is a dramatically different view of mile after mile of row crops, vineyards, orchards, and grazing acreage - some of the most fertile and productive agricultural land in the world. This remarkable transformation, with its enduring consequences, is at the center of Ruling the Waters, a legal, social, and environmental history of how western water law shaped, and was shaped by, the subjugation of the largest freshwater wetlands wildlife habitat in the West. At the heart of efforts to wrest arable land from the region was the Kern River, which rises in the Sierra Nevada and carries snowmelt to what was once a great network of lakes, sloughs, and marshes at the southern end of California's Central Valley. In Ruling the Waters Douglas R. Littlefield describes how, over the course of the nineteenth and early twentieth centuries, pioneers and entrepreneurs diverted water out of this network of waterways to extract gold in the mountains and irrigate farms lower down the river, and how the law was made to accommodate these practices. Struggles over the Kern River's water established one of the most important concepts in water law in some parts of the United States - that prior appropriation, dependent on the chronological order of diversions from waterways, could legally coexist with riparian rights, which restrict water usage to landownership directly next to a river or stream. Littlefield traces this concept to the 1886 California Supreme Court case of Lux v. Haggin - which pitted the giant farming and cattle company of Miller & Lux against a prominent land baron, James B. Haggin - and shows how the lawsuit profoundly shaped future waters issues, which in turn influenced water laws in other western states that were grappling with similar questions. Far from a dry legal history, Ruling the Waters tells a story with world-wide historical environmental ramifications, a tale of competing personalities and values and visions that forever changed both the economy and the ecology of the American West.

The European Union has succeeded in bringing into force an impressive package of regulatory measures aiming to provide a high level of environmental protection across the EU. As a result, scholars, students and practitioners are confronted with the challenge of gaining insight into this complex legislative framework and its effects. This wide-ranging Research Handbook investigates a multitude of substantive issues including waste, nature conservation, air pollution, water quality protection, chemical substantives and genetically modified organisms. Based on contributions developed by 40 environmental law scholars, this comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society?s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation. Shedding light on the institutional, horizontal and sectoral dimensions of EU environmental law, the Research Handbook on EU Environmental Law will be a key resource for environmental law scholars both in the EU and worldwide, whilst also being of value to environmental law practitioners working in EU member states.

The book gives detailed discussions of essential EU climate law and presents profound national reports which cover the transposition of EU law and focus on national climate strategies, which are often complex and sometimes also ambitious. Comparative studies at the grassroots level are an important source of ideas and possibilities and also useful documentation both for researchers and political actors.' - Erkki Hollo, University of Helsinki, Finland'This is an outstanding collection of essays by a multi-national team of leading scholars. It reminds us that in a system of multi-level governance, it is crucial to examine and appraise developments not only at the level of the European Union but also within the Member States. This task has become easier with the publication of this excellent book.' - Joanne Scott, University College London, UK The complex and multifaceted nature of EU climate legislation poses a major challenge for EU Member States. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond). The book seeks to answer such questions as: what kind of legislative approaches should be developed to comply with EU climate law? What room for national discretion should remain? What opportunities exist to go beyond EU ambitions? In addition, distinguished authors analyze national regulatory developments across selected Member States, identifying potential areas for review and improvement. The book offers further discussion and legal analysis of core themes such as: long-term target setting; contrasting legislative approaches; instrument mixes; and key linkages between environmental and energy law. In light of the challenges confronting national legislators, this book offers important insights into the role and contribution of law towards improved climate protection, with potential lessons for countries both within and outside the EU. With this in mind, Climate Law in EU Member States will be a valuable read for policymakers and civil servants at national ministries and at the European Commission, carbon consultants and environmental non-governmental organizations, as well as for academics in and outside the EU. Contributors: E. Bergsma, J. de Cendra de Larragan, K. de Graaf, J. Gupta, N. Herve-Fournereau, M. Holwerda, G. Kaminskaite-Salters, L. Karski, A. Langlais, T. Parejo Navajas, M. Peeters, B. Pozzo, C. Reid, T. Schomerus, L. Squintani, M. Stallworthy, N. van der Grijp, S. Weishaar

Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.

This book examines the aspects of prevention, mitigation, and management of environmental hazards and disasters from an international perspective. In light of the recent debate on climate change and the possible effects of such a change upon increasing frequency and magnitude of extreme environmental events, this publication overviews various policy and response discourses. Several case studies from various countries and world regions depicting recent experience in mitigation policy and program development and implementation and establishing links between vulnerability and mitigation are presented to provide further insights. This book is primarily intended for academics, policymakers, professionals, and practitioners in hazards reduction activities who are seeking a better understanding of the complex and dynamic aspects of nature and society.

This is the first textbook to provide a focused, subject specific guide to planning practice and law. It gives students essential background and contextual information to planning's statutory basis, supported by practical and applied discussion, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited qualifications.

This book discusses the law and practice of the European Union's new chemical regulatory programmes known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight. The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.

Recommandations relatives au transport des marchandises dangereuses des Nations Unies, et pour classer les produits chimiques qui presentent des dangers physiques conformement au Systeme general harmonise de classification et d'etiquetage des produits chimiques (SGH). En consequence, il complete egalement les reglements nationaux et internationaux qui ont ete etablis sur la base des Recommandations relatives au transport des marchandises dangereuses ou du SGH.

By the end of the 1970s, contaminated sites had emerged as one of the most complex and urgent environmental issues affecting industrialized countries. The authors show that small and prosperous Switzerland is no exception to the pervasive problem of sites contamination, the legacy of past practices in waste management having left some 38,000 contaminated sites throughout the country. This book outlines the problem, offering evidence that open and polycentric environmental decision-making that includes civil society actors is valuable. They propose an understanding of environmental management of contaminated sites as a political process in which institutions frame interactions between strategic actors pursuing sometimes conflicting interests. In the opening chapter, the authors describe the influences of politics and the power relationships between actors involved in decision-making in contaminated sites management, which they term a "wicked problem." Chapter Two offers a theoretical framework for understanding institutions and the environmental management of contaminated sites. The next five chapters present a detailed case study on environmental management and contaminated sites in Switzerland, focused on the Bonfol Chemical Landfill. The study and analysis covers the establishment of the landfill under the first generation of environmental regulations, its closure and early remediation efforts, and the gambling on the remediation objectives, methods and funding in the first decade of the 21st Century. The concluding chapter discusses the question of whether the strength of environmental regulations, and the type of interactions between public, private, and civil society actors can explain the environmental choices in contaminated sites management. Drawing lessons from research, the authors debate the value of institutional flexibility for dealing with environmental issues such as contaminated sites.

This book details various stages in the introduction, establishment and evolution of China's environmental management system. By combining a literature review, comparative analysis, and case study, it investigates the environmental management system in several key periods in order to systematically assess the necessary measures and appropriate adjustments the Chinese Government implemented to reconcile the growing conflicts between economic development and resources conservation, in the context of rapid economic growth and economic transformation. Given its scope, the book offers a valuable resource for experts, scholars, and government officials in related fields.

Eco-Finance is the first in-depth legal analysis of this extraordinary hybrid of environmental regulation and global financial markets. It deals with what are currently the two dominant types of market-based environmental instruments: market-traded environmental instruments (which include the tradable pollution allowances envisaged by the Kyoto Protocol), and environmental financing instruments (which include the emerging class of environmental and socially responsible investment funds). Among the numerous topics and issues treated by Ali and Yano are the following:
- the 'cap-and-trade' regime;
- debt-for-environment swaps;
- forestry securitisations;
- greenhouse gas emissions markets;
- carbon funds and swaps;
- tradable green certificates
- weather derivatives;
- duty to hedge climatic risks;
- catastrophe bonds;
- protected cell companies;
- the prudent investor rule; and
- ethical security indices.

This edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.' - Mary Footer, University of Nottingham School of Law, UK'This fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a 'must read' for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.' - Joanne Scott, University College London, UK 'Geert Van Calster and Denise Prevost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.' - Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners. Contributors include: A. Accuri, A. Alemanno, J. Atik, H. Baumuller, M. Burnier, T. Cottier, K. Das, J. De Cendra De Larragan, P. Delimatsis, M. Echols, T. Epps, M. Footer, L. Gruszczynki, A. Herwig, C. Joerges, B. Mercurio, P. Morrisson, L. Nielsen, J. Pauwelyn, J. Peel, D. Regan, L. Rubini, D. Shabalala, N. Shariff, T. Voon, D. Wirth, Z. Zhang

The fourth edition of Housing Policy in the United States refreshes its classic, foundational coverage of the field with new data, analysis, and comparative focus. This landmark volume offers a broad overview that synthesizes a wide range of material to highlight the significant problems, concepts, programs and debates that all defi ne the aims, challenges, and milestones within and involving housing policy. Expanded discussion in this edition centers on state and local activity to produce and preserve affordable housing, the impact and the implications of reduced fi nancial incentives for homeowners. Other features of this new edition include: * Analysis of the impact of the Tax Cuts and Jobs Act of 2017 on housing- related tax expenditures; * Review of the state of fair housing programs in the wake of the Trump Administration's rollback of several key programs and policies; * Cross- examination of U.S. housing policy and conditions in an international context. Featuring the latest available data on housing patterns and conditions, this is an excellent companion for graduate and advanced undergraduate courses in urban studies, urban planning, sociology and social policy, and housing policy.

This is a global survey and assessment of the structure, evolution, and performance of water institutions administration policies and regulatory practices in regional, national, and international settings. The coverage includes analysis and discussion of the rationale for institutional innovations, based on case study findings; specific suggestions for sustainable institutional design; and recommendations for implementing institutional reforms.

This work offers an overview of the oil and gas insurance market. It addresses market credits, how oil and gas insurance product developed and their function, and analyzes the types of claims and litigation arising, as well as alternative means of dispute resolution. Relevant EC Directives and their impact on placing oil and gas contracts are examined as are approaches to mutural indemnities in North Sea Contracts. In the context of the increasing magnitude and sophistication of the international oil and gas industry, the critical role of risk management is considered.

This timely study addresses the pressing issue of food security through a range of interdisciplinary contributions, providing both scholarly and policymaking perspectives. It sets the discussion on food security within the little-studied context of its international legal and regulatory framework. The expert contributors explore the key issues from a development perspective and through the lens of existing governance and policy systems with a view to articulating how these systems can be made more effective in dealing with the roots of food insecurity. The book considers the root causes of food insecurity before discussing the regulatory challenges inherent in reconciling food production and sustainability to ensure both adequate supply of and equitable access to food, particularly in light of emerging issues such as food price volatility, 'land grabbing' and the need to coordinate the actions of the multitude of actors that influence food policy and regulation. It highlights the need for more equitable, transparent and coherent policy and regulatory approaches to the myriad of issues that make up the food security challenge. This cross-cutting study will appeal to researchers in law, international relations, agricultural science and food systems, as well as to policymakers in government and international organizations that engage with policy and regulation of food security issues. It will also be essential reading for professionals in non-governmental organisations that are interested in development issues in general and food security in particular. Contributors: E. Burgi Bonanomi, C. Chartres, N. Colbran, L. Cotula, I.C. De Jesus, R. Ford, D. Fuchs, K. Glaab, C. Haberli, M.S. Islam, A. Joshi, A. Kalfagianni, N. Louwaars, M. Margulis, R. Meyer-Eppler, C. Pearson, R. Rayfuse, B. Visser, N. Weisfelt, M. Young

Over the past twenty years considerable public attention has been focused on the decline of marine fisheries, the sustainability of world fish production, and the impacts of fishing on marine ecosystems. Many have voiced their concerns about marine conservation, as well as the sustainable and ethical consumption of fish. But are fisheries in danger of collapse? Will we soon need to find ways to replace this food system? Should we be worried that we could be fishing certain species to extinction? Can commercial fishing be carried out in a sustainable way? While overblown prognoses concerning the dire state of fisheries are plentiful, clear scientific explanations of the basic issues surrounding overfishing are less so - and there remains great confusion about the actual amount of overfishing and its ecological impact.
Overfishing: What Everyone Needs to Know(r) will provide a balanced explanation of the broad issues associated with overfishing. Guiding readers through the scientific, political, economic, and ethical issues associated with harvesting fish from the ocean, it will provide answers to questions about which fisheries are sustainably managed and which are not. Ray and Ulrike Hilborn address topics including historical overfishing, high seas fisheries, recreational fisheries, illegal fishing, climate and fisheries, trawling, economic and biological overfishing, and marine protected areas. In order to illustrate the effects of each of these issues, they will incorporate case studies of different species of fish.
Overall, the authors present a hopeful view of the future of fisheries. Most of the world's fisheries are not overfished, and many once overfished stocks are now rebuilding. In fact, we can learn from the management failures and successes to ensure that fisheries are sustainable and contribute to national wealth and food security. Concise and clear, this book presents a compelling "big picture" of the state of oceans and the solutions to ending overfishing.
What Everyone Needs to Know(r) is a registered trademark of Oxford University Press

A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context. By focusing the analysis on both developed and developing countries, the contributors offer an extensive exploration of climate change legislation, and how it has been enacted on a global scale. Vitally, they make the link between the international commitments under the Paris Agreement and their delivery at national level. Concluding that strong climate legislation is essential to give credibility to the pledges that countries made in Paris, this book identifies the key provisions that good climate laws should contain, and addresses factors that influence the passing of climate laws. This stimulating and informative book will be of particular interest to parliamentarians, policy makers and lawyers involved in areas of climate policy and environmental law. It will also appeal to students and researchers with an interest in climate change legislation. Contributors include: A. Abeysinghe, A. Averchenkova, M. Bangalore, S. Barakat, A. Bowen, A. Clare, S. Fankhauser, J. Franca, I. Galarraga, C. Gennaioli, F. Green, S. Matikainen, M. Nachmany, I. Neuweg, E. Sainz de Murieta, J. Setzer