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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
The term "total petroleum hydrocarbons" (TPHs) is used for any mixture of several hundred hydrocarbons found in crude oil, and they represent the sum of volatile petroleum hydrocarbons and extractable petroleum hydrocarbons. The petrol-range organics include hydrocarbons from C6 to C10, while diesel-range organics are C10-C28 hydrocarbons. Environmental pollution by petroleum hydrocarbons is one of the major global concerns, particularly in oil-yielding countries. In fact, there are more than five million potentially contaminated areas worldwide that represent, in general, a lost economic opportunity and a threat to the health and well-being of humans and the environment. Petroleum-contaminated sites constitute almost one-third of the total sites polluted with chemicals around the globe. The land contamination caused by industrialization was recognized as early as the 1960s, but less than a tenth of potentially contaminated lands have been remediated due to the nature of the contamination, cost, technical impracticability, and insufficient land legislation and enforcement. This book is the first single source that provides comprehensive information on the different aspects of TPHs, such as sources and range of products, methods of analysis, fate and bioavailability, ecological implications including impact on human health, potential approaches for bioremediation such as risk-based remediation, and regulatory assessment procedures for TPH-contaminated sites. As such, it is a valuable resource for researchers, graduate students, technicians in the oil industry and remediation practitioners, as well as policy makers.
This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: * The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. * The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. * Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. * Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. * Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.
ResponsAbility challenges conventional thinking about our governance and legal frameworks. The cross-currents of persisting, established worldviews, knowledge systems, institutions, law and forms of governance are now at odds with future-facing innovations designed to help societies transition to both low-carbon economies and social equity. This book explores the ways in which we can move to new governance and legal structures that more effectively reflect our changed relationship with the Earth in the Anthropocene. The book is written by a group of eminent scholars and leading experts from a diverse range of backgrounds, all of whom bring new knowledge and analysis from across oceanic and continental regions. Many are from the discipline of law, whilst others bring expertise on indigenous knowledge, climate, water, governance and philosophy to engage with law. Contributors include His Highness Tui Atua Tupua Tamasese Ta'isi Efi, Head of State of Samoa, Judge Sir E. Taikakurei Durie, Dame Anne Salmond, Pierre Calame and Adrian Macey. A number of scenarios are presented throughout the book for the realignment of global and local law to institutionalise responsibility for social, environmental and earth-centered equity.
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world's most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.
We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
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.
This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.
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.
In Climate Change Law in China in Global Context, seven climate change law scholars explain how the country's legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. There has been little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country's international obligations on mitigation. The authors are not only interested in China's laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China's current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system's response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law.
There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.
The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments have in fact taken in practice. Environmental Taxation Law: Policy, Contexts and Practice examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind. Although the focus of the book is the UK's pioneering implementation of a web of distinct yet interrelated policy measures, it locates the UK's taxes and instruments not simply in their broader context of market and environmental regulation, but also in the contexts of European and international law.
The last twenty years have seen a rapid increase in scholarly activity and publications dedicated to environmental migration and displacement, and the field has now reached a point in terms of profile, complexity, and sheer volume of reporting that a general review and assessment of existing knowledge and future research priorities is warranted. So far, such a product does not exist. The Routledge Handbook of Environmental Displacement and Migration provides a state-of-the-science review of research on how environmental variability and change influence current and future global migration patterns and, in some instances, trigger large-scale population displacements. Drawing together contributions from leading researchers in the field, this compendium will become a go-to guide for established and newly interested scholars, for government and policymaking entities, and for students and their instructors. It explains theoretical, conceptual, and empirical developments that have been made in recent years; describes their origins and connections to broader topics including migration research, development studies, and international public policy and law; and highlights emerging areas where new and/or additional research and reflection are warranted. The structure and the nature of the book allow the reader to quickly find a concise review relevant to conducting research or developing policy on particular topics, and to obtain a broad, reliable survey of what is presently known about the subject.
A gap has long existed between construction professionals - such as architects, engineers, quantity surveyors and consultants - and the property development process. The underlying development structures, expressed in terms of legal obligation and accountability, are all too little understood. This practical guide by a highly experienced lawyer identifies the role of the construction professional in a wider context and looks beyond their relationship with their immediate employer. It provides the development professional with an understanding of the many relationships involved in projects, both in terms of contractual obligation and duty of care. This encourages more effective communication between those involved, including joint venture partners, bankers, funders, landowners with an interest in the outcome and tenants.
Why self-regulation? With the advent of such concepts as design for the environment, industrial ecology, and the recognized enlightened self-interest that voluntary compliance brings, it is in any company's best interest to avoid fines, liabilities, and bad publicity. Consumer concern and pressure from the marketplace give a competitive advantage to companies that pursue self-regulatory initiatives such as ISO 14001. Bottom line, voluntary compliance saves your organization time and money. Written by a senior environmental manager at a Fortune 500 company, Industry Self-Regulation and Voluntary Environmental Compliance examines environmental regulation through a review of compliance and enforcement theory. Case studies of four leading programs illustrate the use of self-regulation as a compliance tool. The author highlights industry best practices, identifies the key elements of a successful self-regulation program and focuses on the benefits. Today's political environment has shown that to be successful environmental policy must move to the next level, one in which we take advantage of voluntary self-regulation initiatives and focus on environmental improvement. Industry Self-Regulation and Voluntary Environmental Compliance shows you how to create a voluntary self-regulation program that will result in your organization becoming a star company.
At every stage, environmental policy is the result of the combat of stakeholders interested in, and affected by, the problem being addressed and the range of possible solutions. The combatants include any or all of the following: the federal government, environmental advocacy groups, and business, the media, the scientific community, think tanks, NGOs of every stripe, trade associations and professional organizations, and even state and local governments, each of whom have their own interests in the resulting policy. Environmental Politics: Interest Groups, the Media, and the Making of Policy discusses political battles over the environment from ground level - as they are fought in legislative chambers, the daily newspaper, on television, and, increasingly, on the Internet. The text explores environmental politics as a clash of interests, not ideologies, and environmental policy as a result of the reconciliation of those interests. The author covers not only the conventional aspects of the policymaking process but more recent and less recognized elements and developments such as: Proliferation of legislative riders and monument designations as major environmental strategies Evolving role of the media, from science popularizer to agenda setter Growing influence on both Congress and the public of conservative and libertarian foundations and think tanks Devolution of environmental power from the Federal to state governments Metamorphosis of EPA in a business-driven regulatory revolution Effect of globalization on US environmental policy Newly emerging role of the precautionary principle in marrying science and politics Increasing role of the Internet in promoting populist issues and promoting the decentralization of the environmental power structure No other book covers the politics of the environment the way this one does. Written by an expert with 25 years of experience in environmental policymaking, Environmental Politics: Interest Groups, the Media, and the Making of Policy gives you an insider's view of how policies are forged. By examining these issues through an interest group lens, this book not only accounts for what policies have been adopted but also shows how you can influence policy and effect change.
Legal Competence in Environmental Health assists the environmental health professional in understanding the operation of English law and navigating through some of its complexities. It covers those aspects of the work which are regulated by legal principles but not found in a single statute.
Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.
Originally published in 2004. Examining the successes and failures of three decades of environmental law, this absorbing book reconsiders some of the policies devised to remedy centuries of abuse of the planet. It acknowledges the advances made using technological standards to effect pollution control as well as rudimentary systems that regulate use of land at the local level. However, as the author observes, these systems have limitations in solving vexing problems such as sprawl and non-point source pollution, as the cost of their use can easily outweigh the benefits. He suggests a system, termed 'Green Wood in the Bundle of Sticks', that provides the necessary theoretical and historical bases to bridge the gap between the potentials of each system. Using objective criteria based on science, this system is tied to a land ownership system that also takes into account societal concerns at a broader level.
Utilizing the principle of reciprocity, Reciprocity and China's Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China's transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity's continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Building upon work to explore the differences and similarities in the theoretical underpinnings of both disciplines and concluding by calling for greater cross-collaboration, Green Criminology and Earth Jurisprudence will be of great interest to scholars and students across Law, Environmental Studies, and Criminology.
This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.
First published in 1997, this volume responds to the challenges faced in post-Communist Eastern Europe in the privatization and decollectivisation of agriculture. The contributors feature specialists in agriculture, finance, economics and political science. They begin with discussions on the political economy of privatization and a historical overview and continue with thoughts on agricultural decollectivization in twelve countries across Eastern Europe including Albania, the Baltic countries, Bulgaria, Slovakia and Hungary. The project reflects the basic framework of endogenous institutional change and policy analysis, and uses a political economy framework to explain and interpret these agricultural trends.
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. |
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