'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' - Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well-written and attractive in-depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' - Carel Dieperink, Utrecht University, The Netherlands 'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' - Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still, are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' - James C. Scott, Yale University, US This important book employs the theory of polycentricity, a system with several centers as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. Contents: 1. Governance and International Rivers 2. Polycentricity of World Politics 3. Institutional Evolution in the Mekong and the Rhine 4. Multilayer Environmental Governance in the Rhine 5. Influence of Non-state Actors in Governance of the Rhine 6. Issues, Interests and Actors in the Pak Mun Dam Project 7. Influence of Non-state Actors on Pak Mun Dam 8. Polycentric Environmental Governance References Index

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.

Many scholars posit distinct European and American approaches to public policy, with the European approach more likely to have a generous social safety net, tougher regulations on businesses, and stronger protections for animals. Via a comparative analysis of several policies, In Search of Canine Justice asks whether this conventional wisdom holds in the area of canine welfare. While there is much vindication of these two distinct approaches, the reality is more complex when the behavior of particular states is taken into account. In short, European laws are more likely to advance canine welfare, but there are not only exceptions but places where practices deviate from the laws. At the state level in the United States, the trend is toward more protective laws and practices in this area as well. In Search of Canine Justice is a valuable resource for students of comparative politics, animal studies, animal law, and public policy, as well as anyone with a general interest in canine welfare or a specific interest in the regulation of commercial breeding, euthanasia, commercial greyhound racing, scientific experimentation, and/or unnecessary surgeries for cosmetic reasons.

More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problematique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

The Supreme Court and the Environment discusses the body of federal statutory law amassed to fight pollution and conserve natural resources that began with the enactment of the National Environmental Policy Act of 1969. Instead of taking the more traditional route of listing court decisions, The Supreme Court and the Environment puts the actual cases in a subsidiary position, as part of a larger set of documents paired with incisive introductions that illustrate the fascinating and sometimes surprising give-and-take with Congress, federal administrative agencies, state and local governments, environmental organizations, and private companies and industry trade groups that have helped define modern environmental policy. ? From the author: When one views the body of modern environmental law-the decisions and the other key documents-the picture that emerges is not one of Supreme Court dominance. In this legal drama, the justices have most often played supporting roles. While we can find the occasional, memorable soliloquy in a Supreme Court majority, concurring, or dissenting opinion, the leading men and women are more likely found in Congress, administrative agencies, state and local legislatures, nongovernmental organizations, private industry, and state and lower federal courts. ? What one learns from studying the Supreme Court's environmental law output is that the justices for the most part seem more concerned about more general issues of deference to administrative agencies, the rules of statutory interpretation, the role of legislative history, the requisites for standing, and the nature of the Takings Clause than the narrow issues of entitlement to a clean environment, the notion of an environmental ethic that underlies written statutes and regulations, and concerns about ecological diversity and other environmental values. When we widen the lens, however, and focus on the other documents that make up essential parts of the story of the Supreme Court and the environment-complaints by litigants, briefs by parties and by friends of the court, oral argument transcripts, the occasional stirring dissent, lower court decisions, presidential signing statements and press conference transcripts, media reports and editorials, and legislative responses to high court decisions-we discover what is often missing in the body of Supreme Court decisions. --Michael Allan Wolf

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.

Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

This book looks at how legal frameworks can and do reduce risks arising out of disasters. The volume: analyses existing disaster laws and the challenges on the ground; brings together case studies from some of the most vulnerable regions; and proposes solutions to avert existing and possible future crises. The book offers appropriate legal frameworks for disaster management which could not only offer sustainable institutional reforms towards community resilience and preparedness but also reduce risk within the frameworks of justice, equity and accountability. It examines the intricacies of governance within which governments function and discusses how recent trends in infrastructure development and engineering technology could be balanced within the legal principles of ethics, transparency and integrity. The chapters in the volume suggest that legal frameworks ought to resonate with new challenges of resource management and climate change. Further, these frameworks could help secure citizens' trust, institutional accountability and effective implementation through an unceasing partnership which keeps the community better prepared and more resilient. This volume will be indispensable to scholars and researchers of disaster management, law, public policy, environment and development studies as well as policymakers and those in administrative, governmental, judicial and development sectors.

This book addresses the production practices employed in the production of food animals and animal products that enable marketers to sell a variety of products to meet consumer demand. Food animal production practices have come under increased scrutiny by consumers who object to inputs and practices. The industry has been a proponent of using technologies to reduce production costs, resulting in lower-priced meat and animal food products, and now consumers are starting to look at other objectives. This book considers the key issues of concern to consumers, including the treatment of animals, the use of antibiotics, feed additives and hormones, and how these are monitored, regulated, and communicated to consumers. It also reviews labeling and information provided to consumers, including organic, genetic engineering, welfare standards, and place of origin. While the main focus is on the United States, there are descriptions of European practices and legislation. Overall, it aims to provide an objective and balanced appraisal, which will be of interest to advanced students and researchers in agricultural, food and environmental economics, law and policy, and animal production and welfare. It will also be very useful for early career professionals in the food and agricultural sectors.

Children often fare the worst when communities face social and environmental changes. The quality of food, water, affection and education that children receive can have major impacts on their subsequent lives and their potential to become engaged and productive citizens. At the same time, children often lack both a private and public voice, and are powerless against government and private decision-making. In taking a child rights-based approach to sustainable development, this volume defines and identifies children as the subjects of development, and explores how their rights can be respected, protected and promoted while also ensuring the economic, social and environmental sustainability of our planet.

This research review identifies several of the most important and influential journal articles and papers in the broad field of climate law. The editor discusses essential scholarship not just on the international law making process and on mitigation (emissions trading, taxes, the CDM, REDD+, etc.), but also on adaptation (in a wide variety of fields such as sea level rise, water, biodiversity, cities, agriculture etc.), liability, climate justice and human rights, and on climate engineering.

Ecological restoration is as essential as sustainable development for the health of the biosphere. Restoration, however, has been a low priority of most countries' environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes. Through critical theoretical perspectives and topical case studies, this book's diverse contributors explore a more ambitious agenda for ecological restoration law. Not only do they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously. Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law.

This new book covers drinking water regulations such as disinfectant by-products, synthetic organics, inorganic chemicals, microbiological contaminants, volatile organic chemicals, radionuclides, fluoride, toxicological approaches to setting new national drinking water regulations, and trihalomethanes. In addition, organic and inorganic compounds scheduled to be regulated in 1989 and new candidates for the 1990s regulations are detailed.

The California Environmental Law and Natural Resources Handbook is a succinct reference manual for lawyers, students, conservationists, and developers. It will take you step-by-step through statutes, programs, and stringent environmental standards in the state of California. This newly updated edition provides a comprehensive overview of California's complex laws. It includes information on topics such as climate change, greenhouse gases, permit requirements, enforcement, and permitting processes. This is the first edition of the California Environmental Law and Natural Resources Handbook in 14 years.

The EU has been portrayed as a leader in international climate change negotiations. Its role in the development of the climate change regime, as well as the adoption of novel policy instruments such as the EU Emissions Trading Scheme in 2005, are frequently put forward as indicative of a determination to push the international climate agenda forward. However, there are numerous instances where the EU has failed to achieve its climate change objectives (e.g. the 2009 Copenhagen Conference of the Parties). It is therefore important to examine the reasons behind these failures. This book explores in detail the involvement of the EU in international climate talks from the late 1980s to the present, focusing in particular on the negotiations leading up to Copenhagen. This conference witnessed the demise of the top-down approach in climate change policy and dealt a serious blow to the EU's leadership ambitions. This book explores the extent to which negotiation theory could help with better comprehending the obstacles that prevented the EU from getting more out of the climate negotiation process. It is argued that looking at the role played by problematic strategic planning could prove highly instructive in light of the Paris Agreement. This broad historical perspective of the EU's negotiations in international climate policy is an important resource to scholars of environmental and European politics, policy, law and governance.

Tax Law and the Environment: A Multidisciplinary and Worldwide Perspective takes a multidisciplinary approach to explore the ways how tax policy can is used solve environmental problems throughout the world, using a multi-jurisdictional and multidisciplinary approach. Environmental taxation involves using taxes to impose a cost on environmentally harmful activities or tax subsidies to provide preferred tax treatment to more sustainable alternatives to those harmful activities. This book provides a detailed analysis of environmental taxation, with examples from around the world. As the extraction, processing and use of energy use resources is has been a major cause of environmental harm, this book explores the taxation and subsidization of both fossil fuels and renewable energy. Its analysis of the past, present, and future potential of environmental taxation will help policymakers move economies toward sustainability, as well as and informing students, academics, and citizens about tax solutions for pressing environmental issues.

Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book's contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.

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

The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world-a bright, safe future.

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

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.

The new edition of Environmental Law provides a comprehensive account of this topical and complex area of law, bringing within one volume the full range of law and legislation in the field.
Written by a group of practicing attorneys, all with specialist experience of environmental law, it aims to cover all aspects of the area including the practice and jurisprudence of the tribunals which administer it in England and Wales, and Northern Ireland.
This title contains detailed coverage of the substantive environmental law areas such as pollution of all kinds, the control and management of waste and hazardous substances, contaminated land issues, and conservation. The book also examines thoroughly the regulation, enforcement of environmental law, and analyses the international and European context and its implications for the UK.
The new edition of this title brings the book up to date with recent legislation such as the Clean Neighborhoods and Environment Act 2005 and considers the impact of the Planning and Compulsory Purchase Act 2004. As central government policy documents have increasingly concentrated on the control of pollution in the planning process, this title analyzes development of planning and social sustainability policies as put forward in the White Paper of May 2007 and the forthcoming Planning Bill.
This book combines valuable analysis with practical guidance on the full range of topics facing the environmental lawyer.

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.