This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of 'environmental governance' and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. The rapid changes in economic, social and political life have had an enormous impact on Asia's ecosystems and resources. Asian countries, in the name of economic development, are following the same environmentally destructive path their European counterparts followed in the past. The key to the environmental future of these two regions lies in the evolution of the character of governance - the ensemble of social ethics, public policies and institutions which structure how state actors and the civil society interact with the environment. This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision makers and policy analysts.

Few problems preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal of sustainability mainly involve arresting induced global environmental changes (GEC), but problems also result from the sheer number of competing disciplinary perspectives on GEC, on ways in which economic activities are causing environmental change, and on how the latter can be reformed in order to stop the former.

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Reforming Law and Economy for a Sustainable Earth "aims to help resolve these problems in two ways. Accepting that resolving most GEC will require global coordination, the book first clarifies the conditions necessary for effective global coordination. Paul Anderson explains these conditions by enacting a sustained analysis of key concepts in politics, law, and policy related to the transition to a sustainable economy, and by synthesizing the different ways in which these concepts are understood by influential disciplinary perspectives. Next, Anderson tackles the problem of arresting GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective coordination. The book" "offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. Anderson" "also critically reviews the position that global sustainability cannot be achieved except by changing the capitalist form of organizing the economy.

Enriched by an interdisciplinary approach, the originality of "Reforming Law and Economy for a Sustainable Earth" lies in the way it combines a rigorous analysis of the requirements for global sustainability with a decisive statement about what are, and what are not, viable means of fulfilling those requirements. The book" "advances a growing literature in human-environment relations, sustainability studies, and social and political theory by offering a timely and insightful statement about the global environmental predicament in the 21st century."

This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the European Union more widely. As a case study it delves into the complex situation pertaining in Ireland. At a more general level it offers an up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe, with the main focus being on the role of the national courts in overseeing the correct application of the directive by the competent authorities via the judicial review process. The procedural requirements set down in the EIA directive are examined against the backdrop of the role played by the public in environmental decision-making. Amendments to the directive prompted by the Aarhus Convention are explained and their impact in practice is assessed. The core elements of the concept of effective judicial protection developed by the European Court of Justice are explored. Following an analysis of the EIA case law from the Irish Superior Courts to date, the work examines the extent to which Irish planning and administrative law meets the requirements of the principle of effective judicial protection and the access to justice provisions articulated in the Aarhus Convention.

In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called green criminology . Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such environmental victims in criminal justice systems both nationally and internationally.

Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of environmental victimisation from a social harms perspective (as opposed to a criminal harms one) thus problematising the definitions of environmental crime found within most jurisdictions.

"Victims of Environmental Harm" concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes."

This book provides a range of perspectives on some of the most pressing contemporary challenges in EU environmental law and governance from some of today s leading European environmental academics and practitioners.

The book maintains a focus on three key cross-cutting issues, each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second issue explored concerns the challenge of integrating environmental considerations into other policy areas, as is required by the Treaty on the Functioning of the European Union and the EU s Charter of Fundamental Rights. Finally, the third theme centres on the important challenge of improving environmental enforcement within the EU, and considers issues such as the Aarhus Convention and the evolution of the Commission s work on implementation and enforcement throughout the past twenty years. Each of these three themes is situated within the broader ongoing debate about the changing nature of European environmental governance post-Lisbon and the ways in which developments in this area fits within broader trends in European governance theory and policy generally.

European Perspectives on Environmental Law and Governance contains contributions from experts in the field including; Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law."

The world increasingly relies on groundwater resources for drinking water and the provision of food for a growing population. The utilization of aquifer systems also extends beyond freshwater supply to include other resources such as heat extraction and the storage and disposal of substances.

Unlike other books about conflict resolution and negotiations over water resources, this volume is unique in focusing exclusively on conflicts over groundwater and aquifers. The author explores the specific challenges presented by these "hidden" resources, which are shown to be very different from those posed by surface water resources. Whereas surface watersheds are static, groundwater boundaries are value-laden and constantly changing during development.

The book describes the various issues surrounding the governance and management of these resources and the various parties involved in conflicts and negotiations over them. Through first-hand accounts from a pracademic skilled in both process and substance as a groundwater professional and professional mediator, the book offers options for addressing the challenges and issues through a transdisciplinary approach.

This important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book's focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.

The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.

The first protocol to the UN Framework Convention on Climate Change (UNFCCC) was adopted in Kyoto in 1997 and entered into force in February 2005. It is a unique international law instrument which sets legally binding targets for the reduction of emissions of greenhouse gases which contribute to climate change. The targets are unprecedented in an environmental agreement and will involve substantial financial commitment in virtually all industrialized country parties to the protocol. The Kyoto Protocol is also the first international agreement to include economic instruments which are designed to involve private sector entities and assist parties to meet their targets. These economic instruments, known as the Kyoto or flexible mechanisms, are Joint Implementation (JI), the Clean Development Mechanism (CDM), and International Emissions Trading. The Kyoto Protocol defined these mechanisms but did not set out the details necessary for their operation. After protracted negotiations, detailed rules were finalized at the Seventh Session of the UNFCCC Conference of the Parties held in Marrakech in 2001. The Marrakech Accords run to almost 250 pages but still leave many important practical issues unaddressed. As the 2008-2012 commitment period of the Kyoto Protocol draws close more and more projects under CDM and JI are being developed to take advantage of the Kyoto mechanisms and the key issues and problems are now becoming more apparent. Drawing on the emerging body of expertise in this complex area, this book conveys a knowledge of what is becoming known as 'Carbon Finance'. It thereby aims to contribute to the development of the market for carbon emission reductions - one of the objectives of the Kyoto mechanisms.

The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

Cities across the globe face unprecedented challenges as a result of ever-increasing pressure from climate change, migration, ageing populations and resource shortages. In order to guarantee a sustainable global future, these issues demand radical new approaches to how we govern our cities. Providing new research and thinking about cities, their governance and innovative models of planning reform, this timely and important book compares the UK with an array of international examples to examine cutting-edge experimentation and innovation in new models of governance and urban policy. The flagship text of the Urban Policy, Planning and Built Environment series, this broad but accessible volume is ideal for students and provides an authoritative single point of reference for teaching.

This book traces the relations between the organization of violence and social and political order from ancient Rome to early modern Europe. Following the work of Michel Foucault, the author studies the ways authority, obedience and forms of self-conduct were produced by the micro-techniques used to govern the bodies of violence deployed in different forms of warfare.

This volume examines energy security in a privatized, liberalized, and increasingly global energy market, in which the concept of sustainability has developed together with a higher awareness of environmental issues, but where the potential for supply disruptions, price fluctuation, and threats to infrastructure safety must also be considered. Part I commences with an essential introductory chapter which defines energy security and sets forth the key issues and themes of the book. There then follow several cross-cutting chapters which include sceptical analysis of energy security claims from an environmental perspective and a broader geopolitical analysis of energy security. Part II examines a wide variety of international, regional, and national approaches to energy security issues. Energy security concerns differ considerably from country to country, however most of the chapters examining particular nations provide an economic and historical context of their energy security concerns, followed by a detailed analysis of the legal provisions relating to each of the main energy sectors (oil, gas, coal, electricity, nuclear, and renewable energies). This entails examination of regulation, organization, and planning for security and other purposes. In a number of cases, energy security law is shaped by other factors such as market liberalization, environmental protection, and competition policy. Part III comprises two final chapters, the first contrasting the various national and regional approaches and analysing cross-cutting issues, whilst the concluding chapter forecasts future trends in the legal regulation of energy security.

The environment has not always been protected by law. It was not until the middle of the 20th century that 'the environment' came to be understood as an entity in need of special care, and the law-politics duo firmly fixed its focus on this issue. In this book Wickham and Goodie tell the story of how law and politics first came upon the environment as an object in need of special attention. They outline the unlikely intersection of aesthetics and science that made 'the environment' into the matter of great concern it is today. The book describes the way private common-law strategies and public-law legislative strategies have approached the task of protecting the environment, and explore the greatest environmental challenge to have so far confronted environmental law and politics; the threat of global climate change. The book offers descriptions of many of the strategies being deployed to meet this challenge and present some troubling assessments of them. The book will be of great interest to students, teachers, and researchers of environmental law, socio-legal studies, environmental studies, and political theory.

Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and controversial subject for the first time. Topics covered include administration and enforcement, waste management, EU environmental law, pollution control, environmental permitting, contaminated land, environmental torts and private regulation. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; and updates relating to the defence of statutory authority in the tort of private nuisance. Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject. Susan Wolf is Principal Lecturer in Law at the University of Northumbria. Neil Stanley is Lecturer in Law at the University of Leeds.

Climate change is one of the central challenges facing African countries and their people. Unless concerted efforts are made worldwide very soon to reduce emissions, climate change impacts are likely to be devastating. Higher-end temperature scenarios present a dark future jeopardising secure access to basic needs such as water, food, housing and a healthy environment, as well as adding to the stressors on natural resources. Those who will suffer the most from the challenges posed by climate change have contributed the least to the problem in the first place: the poor and vulnerable, especially in developing countries. To make matters worse, these are the same people who have benefited the least from modernisation and industrialisation and have a relatively small carbon footprint. This is a double injustice. While climate justice and social justice are difficult to disentangle, neither the legal systems nor the main actors framing the dominant climate change narratives seem sufficiently attentive to the double-edged justice questions posed by the impacts of climate change on poor communities. This book attempts to fill some of the gaps in climate change scholarship by focusing on the climate narratives emerging in and around South Africa - how they relate to broader issues of social justice and resource allocation, and the role of rights talk and legal strategies in the framing of the problems and solutions. In doing so, the book contributes to developing rights- and justice-based strategies for translating knowledge into action. The authors approach the issues from different discourses and practices, but all have in common the integration between fairness related to environmental issues and fairness related to socio-economic issues.

The book addresses in a comprehensive way the full greenhouse gases budget of the Italian landscape, focusing on land use and terrestrial ecosystems. In recent years there has been a growing interest in the role of terrestrial ecosystems with regard to the carbon cycle and only recently a regional approach has been considered for its specificity in terms of new methodologies for observations and models and its relevance for national policies on mitigation and adaptation to climate changes. In terms of methods this book describes the role of flux networks and data-driven models, airborne regional measurements of fluxes and specific sectoral approaches related to important components of the human and natural landscapes. There is also a growing need on the part of institutions, agencies and policy stakeholders for new data and analyses enabling them to improve their national inventories of greenhouse gases and their compliance with the UNFCCC process. In this respect the data presented is a basis for a full carbon accounting and available to relevant stakeholders for improvements and/or verification of national inventories. The wealth of research information is the result of a national project, CARBOITALY, which involved 15 Italian institutions and several researchers to provide new data and analyses in the framework of climate policies.

The Regulation of Animal Health and Welfare draws on the research of scientists, lawyers, economists and political scientists to address the current and future regulatory problems posed by the issues of animal health and disease. Recent events such as the outbreak of mad cow disease, epidemics of foot and mouth disease, concerns about bluetongue in sheep, and the entry into the food chain of the offspring of cloned cattle, have heightened awareness of the issues of regulation in animal disease and welfare. This book critically appraises the existing regulatory institutions and guiding principles of how best to maintain animal health in the context of social change and a developing global economy. Addressing considerations of sound science, the role of risk management, and the allocation of responsibilities, it also takes up the theoretical and practical challenges which here - and elsewhere - attend the co-operation of scientists, social scientists, lawyers and policy makers. Indeed, the collaboration of scientists and social scientists in determined and regulatory contexts such as that of animal disease is an issue of ever-increasing importance. This book will be of considerable value to those with interests in this issue, as well as those concerned with the law and policy relating to animal health and welfare.

In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called green criminology . Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such environmental victims in criminal justice systems both nationally and internationally.

Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of environmental victimisation from a social harms perspective (as opposed to a criminal harms one) thus problematising the definitions of environmental crime found within most jurisdictions.

"Victims of Environmental Harm" concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes.

This book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. 'Animal law' is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, "n"or the philosophical issue of the 'human' and the 'animal' "that lies "at law's foundation. Responding to this interest, "Law and the Question of the Animal: A Critical Jurisprudence" brings together leading and emerging critical legal theorists to address the question of animality in relation to law's foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does 'animal law' alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?

Why do people harm, injure, torture and kill animals? This book evaluates the reasons why these crimes are committed and outlines the characteristics of the animal offender. It considers ethical and value judgements made about animals and the tacit acknowledgement and justification of unacceptable criminal behaviour towards the harming of animals made by offenders. Situating animal abuse, wildlife crime, illegal wildlife trading and other unlawful activities directed at animals firmly within Green Criminology, the book contends that this is a distinct, multi-dimensional type of criminality which persists despite the introduction of relevant legislation. Taking a broad approach, the book considers the killing and harming of animals in an international context and examines the effectiveness of current legislation, policy and sentencing. Including a section on further reading and useful organizations, this book is a valuable exploration into perspectives on the responsibility owed by man to animals as part of broader ecological and legal concerns. It will interest criminologists, ecologists, animal protectionists and those interested in law and society and law and the environment.

Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1957 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.

This book investigates the consequences of redundant state and federal environmental regulations in the United States. Drawing on the most exhaustive statistical analysis of US federal wetland permits ever constructed, the book uncovers the disjointed world of wetland regulation. The author starts by examining the socioeconomic and environmental factors driving individuals to apply for environmental regulatory permits and the regional inconsistencies encountered in federal environmental regulatory program performance. The book goes on to demonstrate that states have more power in federal relationships than scholars often believe and that individual state policies are important even in a time of strong federal governance. Evidence shows that such intergovernmental redundancy serves to increase overall regulatory program effectiveness. This book breaks new ground in the subjects of federalism and environmental regulation by rejecting the traditional approach of picking winners and losers in favour of a nuanced demonstration of how redundancy and collaboration between different levels of governance can make for more effective governmental programs. The book is also innovative in its use of the perspectives of regulated citizens not as a point of judgment, but as a means of introducing a constructive new way of thinking about political and administrative boundaries within a federalist system of governance. The book provides relevant context to wider political debates about excessive and duplicative regulatory oversight and will be of interest to Environmental Policy students and administrators.

Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news. Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993

Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.