The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners. Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. Stafford

This book focuses on innovative treatment technologies for the elimination of emerging contaminants in wastewater and drinking water treatment processes. The book also discusses sources and occurrence of emerging contaminants in municipal and industrial waste, giving an overview of state-of-the-art analytical methods for their identification. Further important aspects covered include the acute and chronic effects and overall impact of emerging contaminants on the environment.

Regional legal action to environmental problems has become increasingly important for national and international approaches. This important new study provides profound discussions of the state of affairs of regional approaches across the world and points at many remaining challenges regarding not only regulatory approaches, particularly in the field of transboundary waters and climate change, but also human rights instruments. It should be required reading by all interested in the further development of environmental law from a sustainable development perspective.' - Marjan Peeters, University of Maastricht, the NetherlandsThis perceptive work presents a unique comparative legal analysis, ascertaining how regional environmental law can contribute to the prevailing pursuit of global sustainable development. The book provides an introduction to and analysis of the environmental law adhered to by each regional organization in an accessible and discerning discussion. Regional Environmental Law analyzes the manner in which four distinct regional organizations the European Union (EU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN) and the African Union (AU) facilitate cooperation concerning regional environmental law in order to promote sustainable development. The fundamental environmental issues that require regional cooperation are considered: human rights and the environment, climate change and shared watercourses. Leading scholars critically analyze how states may pool sovereignty, pursuant to finding solutions to these salient environmental problems. The book puts forward conclusive thoughts about how to work towards the sustainable development agenda through both specific regional action and collaborative efforts. Researchers and students interested in international and environmental law will benefit from the comparative analysis of the respective regional organisations and their contribution to the sustainable development commitment. Practitioners and policy makers will find practical insight from the conclusions drawn. Contributors: M. Barnard, L. Bhullar, B. Boer, J.T. Calasans, J. de Cendra de Larragan, C.S. de Windt, B. Garcia, K. Kheng-Lian, L. Kramer, W.D. Lubbe, O. McIntyre, A. Meijknecht, M.A. Orellana, D.M. Pallangyo, W. Scholtz, H. Strydom, J. Verschuuren

Environmental degradation in China has not only brought a wider range of diseases and other health consequences than previously understood, it has also taken a heavy toll on Chinese society, the economy, and the legitimacy of the party-state. In Toxic Politics, Yanzhong Huang presents new evidence of China's deepening health crisis and challenges the widespread view that China is winning the war on pollution. Although government leaders are learning, stricter and more centralized policy enforcement measures have not been able to substantially reduce pollution or improve public health. Huang connects this failure to pathologies inherent in the institutional structure of the Chinese party-state, which embeds conflicting incentives for officials and limits the capacity of the state to deliver public goods. Toxic Politics reveals a political system that is remarkably resilient but fundamentally flawed. Huang examines the implications for China's future, both domestically and internationally.

Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interface; the interaction between global, regional and domestic legal regimes; the rights of Indigenous Peoples; and the increasing importance of private law. While these broad themes have been addressed to varying extents elsewhere, the editors believe that this Handbook brings them together to create a comprehensive (if never exhaustive) account of what constitutes Polar law today. Leading scholars in public international and private law as well as experts in related fields come together to offer unique insights into polar law as a burgeoning discipline.

The regulation of genetically modified organisms (GMOs) continues to generate controversy. On the one hand, they are actively promoted by the biotechnology industry as vital to ensuring food security. Yet, on the other hand, consumer resistance persists, not least in the European Union, and such lack of confidence extends not just to GM food itself but also to the regulatory regime, where legal issues are inextricably linked with economics and politics.
This edited collection provides a novel contribution to the ongoing debate, recognizing that the legislative environment is complicated by forces as varied as national public opinion and world trade commitments.
The book is divided into four parts. The first of these addresses the influence in this context of both civil society and economic imperatives. The second part is directed more specifically to the measures that have been implemented in the European Union, considering multi-level governance, wider aspects of food law, co-existence with conventional and organic crops, and environmental liability. The third part is comparative in focus, with chapters covering the diverse regimes implemented in Africa, Australia, North America and South America. The book concludes with chapters on world trade and international considerations, including analysis of the Biotech case.

This Handbook provides a comprehensive overview of local governance in China, and offers original analysis of key factors underpinning trends in this field drawing on the expertise of scholars both inside and outside China. It explores and analyzes the dynamic interaction and collaboration among multiple governmental and non-governmental actors and social sectors with an interest in the conduct of public affairs to address horizontal challenges faced by the local government, society, economy, and civil community and considers key issues such as governance in urban and rural areas, the impact of technology on governance and related issues of education, healthcare, environment and energy. As the result of a global and interdisciplinary collaboration of leading experts, this Handbook offers a cutting-edge insight into the characteristics, challenges and trends of local governance and emphasizes the promotion of good governance and democratic development in China.

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and aquaculture. However, the CFP is not just a matter for those with an economic interest in fisheries. It also raises many issues of more general concern, such as the capacity of the EC and its Member States to manage important natural resources sustainably, the impact of fishing on the wider marine environment, and relations between developed and developing States. This book addresses the CFP from a legal perspective. It provides a detailed account of the very large body of EC law comprising the CFP, and draws on the European Commission's associated documents to aid interpretation and add context. As a result, the book will be of value to anyone wanting knowledge of the law of the CFP. Although not addressing the Commission's 2009 Green Paper on reform of the CFP, the book should provide a useful reference point against which to view the reform of parts of the CFP that is anticipated to take place over the next few years.

Neighbourhood planning, introduced by the Localism Act 2011, is now well established as the new 'first tier' of our planning system. The key to this brave new world of localism is the Neighbourhood Development Plan, which enables local communities to make planning policies for their area that have statutory effect and which must be taken into account by decision makers. But how does a neighbourhood plan get off the ground? How do communities make sure that it comes into force? And, more importantly, what are the essential features of an effective plan; one that can withstand the often intense pressures for new development? This unique book answers these and many other questions faced by neighbourhood planners with a clear, pragmatic focus and in sufficient depth to arm both lay readers and planning professionals with the knowledge they need to operate effectively within this novel planning regime. Along the way, some of the less well-known planning rules and procedures that can be invoked by neighbourhood planning groups and others at a local level are also explained. The author, a planning lawyer and consultant who has helped many parishes and communities since the advent of neighbourhood planning, also helpfully explores the place of neighbourhood planning within the wider planning system and offers a fascinating assessment of the potential of neighbourhood planning to address a whole range of important environmental issues. This insight and expertise makes The Power of Neighbourhood Planning an essential resource for everyone involved - whether as an interested member of the public, local councillor or parish clerk - or as a planning professional looking for an incisive introduction to this often controversial topic.

This book provides essential reading to anyone interested in projecting the future of either the forest products market and/or the forest resource conditions. It is aimed at policy makers, model builders, researchers and graduate students who are building or using forest sector models, as well as at forest industry managers and analysts. While focusing on a specific modeling system the US Timber Assessment models the authors highlight the general elements that might comprise a forest-sector market model of any country or region. Approaches to policy analysis are also general and equally applicable to both national and multi-national forest policy development outside the US particularly in relation to on-going efforts to formulate national programs of sustainable forestry. Darius Adams and Richard Haynes are widely recognized as leading experts in the forest sector modeling field.

Reflecting the concerns over environmental sustainability, there has been an increasing focus on the protection of our water resources and on the proper management of our waste. Our economic growth can only be sustainable when it does not represent a threat to human health and to fauna, flora, and eco-system in the long-term. A long-term resilience, new business and economic opportunities, and environmental sustainability can be achieved through circular economy model that offers us a world of opportunity to rethink and redesign our economic activities and consumption patterns. With an aim to give the reader a new perspective on this issue, this book covers European Union's water and waste management legislation and the Czech Republic's transposition of this legislation, and includes a comparative analysis of the performances of the EU Member States on the implementation of new water and waste management policy strategies.

This book exists at the intersection of two complementary and conflicting perspectives, law and biology. From the vantage point of both disciplines, Juris Zoology provides a comprehensive and realistic framework to objectively assess the role and significance of animals in American civil and criminal law. Contrasting the views of animal rights activists, Duckler examines animals in terms of their prehistory, history, biology, social utility, economic effect, and aesthetic value. Focusing on animal captivity, control, use, and value, Duckler refutes the proposal of granting animal's legal rights. The book offers a new and controversial voice to the national conversation on the propriety of animal rights, and would be of interest to lawyers, economists, sociologists, as well as scholars and professionals in animal-related fields.

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Having realized that its traditional mode of coordinating--essentially issuing regulation--no longer commands sufficient political support, the European Union (EU) has turned to what are increasingly referred to as 'new' modes of governance, which rely upon different actors working together in relatively non-hierarchical networks. This book provides the first extended account of how effective they are at addressing 'wicked' policy problems which simultaneously demand greater levels of horizontal and vertical coordination. Taking, as an example, the thirty year struggle to integrate environmental thinking into all areas and levels of EU policy making, it offers a stark reminder that networked governance is not and is unlikely ever to be a panacea. In doing so, it strips away some of the rhetorical claims made about the novelty and appeal of 'new' modes, to reveal a much more sober and realistic appraisal of their coordinating potential.

Critical Issues in Environmental Taxation provides valuable insights and analysis for legislators, policy makers and academics addressing the challenges of pursuing and achieving environmental goals through taxation policy. It contains pioneering and thought-provoking articles contributed by the world's leading environmental tax scholars representing various jurisdictions worldwide. Their aim is to ensure that by discussing and sharing environmental taxation issues that exist around the world, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. The articles published in this work are based on presentations at the Third Annual Global Conference on Environmental Taxation held in April 2002 in Woodstock, Vermont U.S.A.

Climate Change and the Oceans investigates the effects of climate change on the ocean environment and its implications for maritime activities, both globally and within the Asia Pacific region. This detailed work draws together informed opinion from a range of disciplines to examine the impacts of climate change on marine and coastal areas and review legal and policy responses to the rapidly changing ocean environment. Issues including the effects on fisheries and marine biodiversity in the Asia Pacific region, maritime security, global shipping, marine jurisdiction and marine geo-engineering are also explored. Examining the multiple impacts of climate change on the oceans and ocean based solutions to mitigate the adverse impacts of climate change, this thought-provoking book will prove invaluable to academics, researchers and students in the fields of law, environment, ecology and political science. Oceans and marine environmental policymakers will also find this to be an essential resource. Contributors: A. Arsana, M. Haward, O. Hoegh-Guldberg, S. Kaye, R. Kenchington, L. Kirkendale, S. Palassis, C. Rahman, R. Rayfuse, A. Rubio, C. Schofield, R. Warner, P.C. Winberg

Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law's fundamental role in institutions of value production and valuation. Utilising pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued.

It is increasingly apparent that capitalism cannot stave off the truly frightening ecological disasters that threaten the future of life on earth. Is it an accident that the strongest and most capitalist economic force in the world, the US, is also that force that is most prone to the denial of the enormous dangers of global warming? While capitalism is a global force, it is not supported by the majority of the world, and much more thought and action is needed to integrate and globalize movements against oppression, injustice and ecological destruction. While changes at a local level are important and more feasible in our current world, ultimately changes at a global level may have greater long-term importance, and we need to greatly expand theorizations and mobilizations in this direction now. Robert Albritton proposes 'practical utopias' as a process of thinking by which short-term changes tend in the direction of desirable changes in the long term.

This book presents an in-depth analysis of how UN Human Rights institutions and mechanisms have addressed environmental protection, sustainable development and climate change. Despite the increasing involvement of UN human rights bodies in addressing environmental degradation and climate change, a systematic review of the convergence between human rights and the environment in these bodies has not been carried out. Filing this lacuna, this book surveys the resolutions, general comments, concluding observations, decisions on individual communications and press releases. It identifies principles that have emerged, explores the ways in which human rights Charter-based and treaty-based institutions are interpreting environmental principles and examines how they contribute to the emerging field of human rights and environment. Given the disproportionate effect that polluting activities have on marginalized and vulnerable groups, Atapattu also discusses how these human rights mechanisms have addressed the impact on women, children, indigenous peoples, people with disabilities and racial minorities. Written by a world-renowned expert on human rights and the environment, this book will be of great interest to students and scholars researching and teaching in this important field of study.

Volume 4 in the Critical Issues in Environmental Taxation series provides a peer-reviewed selection of papers on environmental taxation written by experts from around the world. Selected from papers delivered at the Annual Global Conference on Environmental Taxation, they cover the theory of environmental taxation, countries' experiences of specific environmental taxes, proposed environmental taxes, and evaluations of the role of taxation compared with other environmental instruments. The book provides an interdisciplinary approach to environmental taxation, drawing on the fields of economics, law, political science, and accounting. Each volume in the series reflects the theme of the conference from which the papers are drawn, as well as other broader themes. Volume 4 will focus on the role of taxation in promoting renewable energy, but also includes a number of papers on other topics related to environmental taxation. Written predominantly by academics, the papers provide in-depth analysis that will provide a valuable resource to people interested in environmental taxation.

The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.