In The Political Uncommons, Kathryn Milun presents a cultural history of the global commons: those domains, including the atmosphere, the oceans, the radio frequency spectrum, the earth's biodiversity, and its outer space, designated by international law as belonging to no single individual or nation state but rather to all humankind. From the res communis of Roman property law to early modern laws establishing the freedom of the seas, from the legal battles over the neutrality of the internet to the heritage of the earth's genetic diversity, Milun connects ancient, modern, and postmodern legal traditions of global commons. Arguing that the logic of legal institutions governing global commons is connected to the logic of colonial doctrines that dispossessed indigenous peoples of their land, she demonstrates that the failure of international law to adequately govern the earth's atmosphere and waters can be more deeply understood as a cultural logic that has successfully dispossessed humankind of basic subsistence rights. The promise of global commons, Milun shows, has always been related to subsistence rights and an earth that human communities have long imagined as 'common' existing alongside private and public domains. Utilizing specific case studies, The Political Uncommons opens a way to consider how global commons regimes might benefit from the cross-cultural logics found where indigenous peoples have gained recognition of their common tenure systems in Western courts.

In the 21st century, environmental harm is an ever-present reality of our globalised world. Over the last 20 years, criminologists, working alongside a range of other disciplines from the social and physical sciences, have made great strides in their understanding of how different institutions in society, and criminal justice systems in particular - respond - or fail to respond - to the harm imposed on ecosystems and their human and non-human components. Such research has crystallised into the rapidly evolving field of green criminology. This pioneering volume, with contributions from leading experts along with younger scholars, represents the state of the art in criminologists' pursuit of understanding in the environmental sphere while at the same time challenging academics, lawmakers and policy developers to explore new directions in the study of environmental harm.

In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.

Densification has been a central method of achieving smart, sustainable cities across the world. This book explores international examples of the property rights tensions involved in attempting to develop denser, more sustainable cities through compulsory acquisition of property. The case studies from Europe, North America, eastern Asia and Australia show how well, or not, property rights have been recognised in each country. Chapters explore the significance of local legal frameworks and institutions in accommodating property rights in the densification process. In particular, the case studies address the following issues and more: Whether compulsory acquisition to increase densification is justified in practice and in theory The specific public benefits given for compulsory acquisition The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition What compensation or offsets are offered for acquisition, and how are they funded? Is there a local or national history of compulsory property acquisition by government for a range of purposes? Is compulsory acquisition restricted to certain types or locations of densification? Where existing housing is acquired, are there obligations to provide alternative housing arrangements? The central aim of the book is to summarize international experiences of the extent to which property rights have or have not been protected in the use of compulsory property acquisition to achieve sustainable cities via urban densification. It is essential reading for all those interested in planning law, property rights, environmental law, urban studies, sustainable urban development and land use policy.

This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US-Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

This book explains the EU's climate policies in an accessible way, to demonstrate the step-by-step approach that has been used to develop these policies, and the ways in which they have been tested and further improved in the light of experience. The latest changes to the legislation are fully explained throughout. The chapters throughout this volume show that no single policy instrument can bring down greenhouse gas emissions. The challenge facing the EU, as for many countries that have made pledges under the Paris Agreement, is to put together a toolbox of policy instruments that is coherent, delivers emissions reductions, and is cost-effective. The book stands out by the fact it covers the EU's emissions trading system, the energy sector and other economic sectors, including their development in the context of international climate policy. This accessible book will be of great relevance to students, scholars and policy makers alike. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9789276082569, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.

Doing Research in Urban and Regional Planning provides a basic introduction to methodology and methods in planning research. It brings together the methods most commonly used in planning, explaining their key applications and basic protocols. It addresses the unique needs of planners by dealing with concerns which cut across the social, economic, and physical sciences, showing readers how to mobilise fresh combinations of methods, theoretical frameworks and techniques to address the complex needs of urban and regional development. It includes illustrative case studies throughout to help planning students see how methods can be operationalised on the ground and connect research with urban and regional planning practice to build foundations for action. The book pays attention to contemporary trends - such as the growth in information technology, and general shifts in urban and environmental governance - that are affecting the practicalities and protocols of doing planning research. Doing Research in Urban and Regional Planning also encourages ethical reflection and discusses the ethical issues specific to planning research. Each chapter begins with a chapter outline with learning outcomes and concludes with take-home messages and suggested further readings. It also suggests a range of learning activities and discussion points for each method.

Each of the jurisdictions within the UK and Ireland is refining the operational characteristics of its planning system and while there are some common practices, it is also the case that there are substantive divergences. In each territory the planning template is fundamentally shaped within a dynamic legal context and thus, students and practitioners of planning need accessible, informative and up-to-date literature dealing with this matter. Planning Law and Practice in Northern Ireland provides an interpretive narrative of the statutes, case law and planning procedures that have shaped its planning system, with due regard being given to the combined influences emanating from European Union, UK and Northern Ireland planning governance. The contributions in this book explore the evolution of planning in Northern Ireland and discuss key facets of development management, enforcement, environmental law, equality, property law and professional ethics. This book makes an important contribution to the wider literature in this field and provides an essential reference to students, planning practitioners and researchers.

The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU's entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe's most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.

Environmental justice research and activism predominantly focus on openly conflictive situations; claims making is central. However, situations of injustice can still occur even if there is no overt conflict. Environmental Justice and Soy Agribusiness fills this gap by applying an environmental justice incommensurabilities framework to reveal the mechanisms of why conflicts do not arise in particular situations, even though they fall within classic environmental justice schemes. Empirically, the case study focus is on the remote soy frontier in Northwest Argentina, particularly the town of Las Lajitas as the nucleus of soy production. This represents an excellent example of the recent expansion of the soy agribusiness industry in Latin America. First, a classic environmental justice analysis is carried out. Second, and drawing on the epistemological works of Ludwik Fleck, an alternative analytical framework is proposed, visualising locals' thought styles on change, effects and potential conflict in relation to soy agribusiness. Here, visceral elements and the application of a jazz methodology are vital for a more holistic form of multisensory cognition. Third, incommensurabilities among the classic and alternative approach are uncovered, arguing for the importance of temporal and spatial contexts in environmental justice research.

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

The Paris Framework for Climate Change Capacity Building pioneers a new era of climate change governance, performing the foundational job of clarifying what is meant by the often ad-hoc, one-off, uncoordinated, ineffective and unsustainable practices of the past decade described as 'capacity building' to address climate change. As an alternative, this book presents a framework on how to build effective and sustainable capacity systems to meaningfully tackle this long-term problem. Such a reframing of capacity building itself requires means of implementation. The authors combine their decades-long experiences in climate negotiations, developing climate solutions, climate activism and peer-reviewed research to chart a realistic roadmap for the implementation of this alternative framework for capacity building. As a result, this book convincingly makes the case that universities, as the highest and sustainable seats of learning and research in the developing countries, should be the central hub of capacity building there. This will be a valuable resource for students, researchers and policy-makers in the areas of climate change and environmental studies.

Erster Teil: Zu den allgemeinen Lehren des einstweiligen Rechtsschutzes.- Zweiter Teil: Die Gewahrung einstweiligen Rechtsschutzes durch den Gerichtshof der Europaischen Gemeinschaften.- Dritter Teil: Nationaler einstweiliger Verwaltungsrechtsschutz im Widerstreit von Gemeinschaftsrecht und nationalem Verfassungsrecht.- 1. Kapitel: Darstellung neuerer Urteile des EuGH zum nationalen einstweiligen Rechtsschutz.- 2. Kapitel: Die sog. "indirekten Kollisionen" zwischen nationalem Verfahrensrecht und Gemeinschaftsrecht.- 3. Kapitel: Zulassigkeit und Grenzen der Zulassigkeit von Relativierungen grundgesetzlicher Vorgaben beim Vollzug des Gemeinschaftsrechts am Beispiel des deutschen einstweiligen Verwaltungsrechtsschutzes.- 4. Kapitel: Paradigmenwechsel in der EuGH-Rechtsprechung: Gestaltender Eingriff in den nationalen einstweiligen Verwaltungsrechtsschutz.- 5. Kapitel: Zur Erstreckung der "Suderdithmarschen"-Doktrin auf (positive) einstweilige Anordnungen: "Atlanta Fruchthandelsgesellschaft u.a../. Bundesamt fur Ernahrung und Forstwirtschaft" Rs C-465/93.- Vierter Teil: Die Gewahrung einstweiligen Rechtsschutzes im Rahmen des Vorabentscheidungsverfahrens (Art. 177 EGV).- 1. Kapitel: Gewahrung einstweiligen Rechtsschutzes und Vorlagepflicht mitgliedstaatlicher Gerichte.- 2. Kapitel: Nationales Eilverfahren und Vorabentscheidungsverfahren gemass Art. 177 EGV: Der Gerichtshof der Europaischen Gemeinschaften als gesetzlicher Richter i.S.d. Art. 101 Abs. 1 S. 2 GG.- Thesenartige Zusammenfassung.- Summary: Interim Relief and the European Union.- Council of Europe, Committee of Ministers Recommendation No. R (89)8 of the Committee of Ministers to Member States on Provisional Court Protection in Administrative Matters.

Southwest Under Stress examines the development-environment conflict in the four contiguous states of Arizona, Utah, Colorado, and New Mexico. It emphasizes three issues with implications that extend far beyond the Southwest: water---its quantity, quality, and allocation; environment---how and to what extent it should be preserved; and the future of Native American and other poverty-stricken peoples. Energy comes in for special attention because the Southwest is a principal repository of fossil and nuclear fuels. This book serves as a guide for public policy in the region, and many of the policy alternatives set out are aimed at state and local governments. Alleviating poverty, improving the lot of Native Americans, and formulating workable water, environmental, and natural resources development policies are all of special concern to the region, but the federal government has asserted a dominant role in may of these areas. The book discusses ways in which the federal role may change to improve both federal policy itself and cooperation with other levels of government.

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2 Degrees C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the 'wall', the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.

Since the very beginning of European integration, electricity has been within the legal sphere of the EU. Much of this is found within the binding European acts making up the framework of the Energy Packages. The established legal institutions have had a significant impact on the shape of the energy market in Europe. Nevertheless, the European energy market still seems to be developing, as demonstrated by the current lively discussion about the state of the Energy Union. Regulation in the European Electricity Sector delves into European energy law and reflects on some of the primary issues related to the public legal impact on the European energy sector. The book offers a brief explanation of the background operation of the electricity sector, as well as liberalisation within the area, and traces the evolution of the EU's approach towards the issue of public law regulation within the electricity sector. Finally, the book presents an analysis of European and national laws, considering their interpretation, and explores the future of public law regulation. Aimed at giving the reader a deep insight into a nature of the state's presence in the power sector, this book will be of great interest to students and scholars of EU energy law and policy.

This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields - environmental justice, international environmental law and international maritime law - this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization's role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.

This book is mainly about the National Environmental Policy Act (NEPA) of 1969 and the process for its implementation. This is most often called theNEPA process. The need for this book arises because, although the awareness for faithful implementation of NEPA has now matured, the method of NEPA implementation is not always known, and hence, needs to be clearly laid out for the benefit of project engineers and the decision makers in government and industry. This book aims to do that.

The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.

The world's freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective.

Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

This book is a remarkable case study of an environmental policy initiative for a national environmental regulatory system in the information age. In 1995 the Indonesian Ministry of Environment took the bold step to launch an environmental disclosure initiative called the Program for Pollution Control, Evaluation and Rating (PROPER). Under PROPER, environmental performance of companies is mapped into a five-color grading scale - Gold for excellent, Green for very good, Blue for good, Red for non-compliance, and Black for causing environmental damage. These ratings are then publicly disclosed through a formal press conference and posted on the internet. Not only did this simple rating scheme create a major media buzz and enhanced environmental awareness of the general public, but it also unleashed a wide range of performance incentives that showed how markets with environmental information could function in a developing country setting. The authors provide a multidisciplinary analysis of how the PROPER program harnessed the power of public disclosure to abate the problem of industrial pollution. They describe how the program has successfully improved the average environmental compliance rate from close to thrity per cent in 1995 to as high as seventy per cent in 2011. This improvement was driven primarily by information disclosure, which avoided expensive and unpredictable legal enforcement through the court system of Indonesia. The combination of institutional history and detailed economic and analyses sheds light on the role of policy entrepreneurs who laid the foundation for disclosure and transparency, despite the constraints of the Suharto regime. The PROPER program is now internationally recognized and continues to serve as a model for many developing countries.