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.

International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.

Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.The types of large scale projects, planned as well as under construction in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic ''Environmental and Planning Law Aspects of Large Scale Projects''. The conference focused more specifically on the following aspects:- The role of spatial and environmental planning- Permitting and review procedures- Critical sectoral regimes- Horizontal measuresThis book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.The book is subdivided into six main themes:1. General2. Public participation3. Environmental impact assessment4. Water5. Nature6. Land use

A gap has long existed between construction professionals a " such as architects, engineers, quantity surveyors and consultants a " 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.

Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.

Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.

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

This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sami customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sami customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sami is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.

This book undertakes a critical appraisal of the concept of sustainable development in the European Union. In addition to existing issues of sustainability, it examines the development of a European "general principle" of sustainable development. This original, critical approach examines legal, political, and economic implications of the emergence of the principle and places the impact of such in local, national, intranational, and international contexts. While essentially focusing on the development of the principle, the discussion also includes a normative assessment of current policy and practice, and appraises European efforts in the light of international goals.

The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.

Decentering Biotechnology explores the nature of technology, objects and patent law. Investigating the patenting of organic life and the manner in which artifacts of biotechnology are given their object-ive appearance, Carolan details the enrollment mechanisms that give biotechnology its momentum. Drawing on legal judgements and case studies, this fascinating book examines the nature of object-ification, as a thought and a thing, without which biotechnology, as it is done today, would not be possible. Unable to reject biotechnology per se, recognizing that such a rejection would essentialize the very object-ive categories shown to be manufactured, Carolan ultimately argues for doing biotechnology differently. A theoretically sophisticated analysis of the nature of objects and the role of technology as a form of life which shapes the social landscape, Decentering Biotechnology engages with questions of power, globalization, development, resistance, exclusion, and participation that arise from treating biological objects differently from conventional property forms. As such, it will appeal to social theorists, sociologists and philosophers, as well as scholars of law and science and technology studies.

First published in 1999 , the book is based on papers given at the final workshop of a research project into the evolution of environmental regulation in Poland undertaken as part of the UKs ERSC Global Environmental Change Programme. Other invited papers focused on the development of regulatory policy in transforming economies and in the UK. Furthermore the book highlights the weakness of internal political processes in Poland and the important role played by foreign sponsored pressures whilst exsamaning the divergence between the way environmental charges are supposed to operate and the ways in which they are implemented and enforced. Topics covered include the links between privatisation and the environment, the saline water problem in Upper Silesia, enforcement of and compliance with environmental charges, air pollution in Krakow and the structure of the Polish environmental administration system.

Most scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people's access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceable solutions to reduce world hunger and malnutrition are also advanced, including national capacity building, the improvement of governance, and strategic development of biofuel programs. This book will be of great interest to agricultural trade professionals and consultant policy makers in the EU, US and developing countries. Students and researchers with a concentration on international trade, agriculture economics, global governance and international law will benefit greatly from this study.

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.

Through a combination of theoretical and empirical approaches, this book explores the role of international environmental law in protecting and conserving plants. Underpinning every ecosystem on the planet, plants provide the most basic requirements: food, shelter and clear air. Yet the world's plants are in trouble; a fifth of all plant species are at risk of extinction, with thousands more in perpetual decline. In a unique study of international environmental law, this book provides a comprehensive overview of the challenges and restrictions associated with protecting and conserving plants. Through analysing the relationship between conservation law and conservation practice, the book debates whether the two work symbiotically, or if the law poses more of a hindrance than a help. Further discussion of the law's response to some of the major threats facing plants, notably climate change, international trade and invasive species, grounds the book in conservation literature. Using case studies on key plant biomes to highlight the strengths and weaknesses of the law in practice, the book also includes previously unpublished results of an original empirical study into the correlations between the IUCN Red List and lists of endangered/protected species in international instruments. To conclude, the book looks to the future, considering broader reforms to the law to support the work of conservation practitioners and reshape humanity's relationships with nature. The book will be of interest to scholars and students working in the field of international environmental law and those interested more broadly in conservation and ecological governance frameworks.

A straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered. Includes hundreds of actual construction cases.

The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country's governing class - as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peoples engaging in consultation, a process mandated by the National Environmental Policy Act and the Indian Religious Freedom Act whenever a federal agency's proposed action will affect land of significance to indigenous peoples. To understand this process and its various outcomes first requires familiarity with the history and culture that make these sites significant to particular Indian nations. Morman provides this necessary context for various and changing indigenous perspectives in the legal process. He also examines consultation itself in a series of case studies, including Hopi efforts to preserve the sacred San Francisco Peaks in the Coconino National Forest from further encroachment by a ski resort, the Washoes' effort near Lake Tahoe to protect Cave Rock from an influx of rock climbers, the Forest Service's plan for the Blackfeet site Badger-Two Medicine, and religious freedom cases involving the Makahs, the Quechans, the Western Apaches, and the Standing Rock Sioux. These cases illuminate the strengths and dangers inherent in the consultation process. They also illustrate the need, for Natives and non-Natives alike, to learn the history of North America in order understand the value of protecting the many cultural and sacred sites of its many indigenous peoples. Many Nations under Many Gods reveals - and works to meet - the urgency of this undertaking.

Many highly industrialized countries are rapidly adopting new environmental policy instruments (NEPIs) such as eco-taxes, tradable permits, voluntary agreements and eco-labels. This apparently profound shift has prompted widespread claims that NEPIs have eclipsed regulation as the preferred tool of environmental policy. This volume offers a fresh perspective on the evolving tool-box of environmental policy by providing a systematic analysis of the policy and politics surrounding the adoption and use of the main NEPIs in a variety of countries. By blending political theories with fresh empirical material, the contributors to this interdisciplinary volume assess the claim that NEPIs have supplanted regulation, heralding a new era of environmental governance in which the state plays a secondary role in sustainability policy-making.

While much has been written about hate groups and extreme right political movements, this book will be the first that addresses the crucial role that place and context play in generating and shaping them. Ranging across geographical scales the essays start with the home, and then move from the local to the regional, to the national to finally the global. In this collection, much of the focus is on the U.S., as the contributors consider a variety of hate activity and hate groups across the country, including; rural white supremacist and neo-Nazi movements; anti-black sentiment directed towards cities; anti-gay activity in cities and rural areas and the resurgent Southern nationalist movement. Closing with pieces from those who combat hate activity, the intention of Spaces of Hate is to recognize specific geographic settings likely to foster hate activity.

Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.

Contents:
The Relationship between Energy, the Environment Imperatives and Scientific Drivers Regulation, Energy Resources and the Environment The Regulatory Bodies The International Dimension European Energy Law and Policy Trade, Competiton and the Environment The Regulation of the Coal Industry Environmental Protection and Onshore Oil and Gas The Exportation and Exploitation of Oil and Gas in the Marine Environment Nuclear Energy and the Environment The Electricity Supply Industry Sustainable Energy and Climate Change

Environmental justice is one of the most controversial and important issues in contemporary social science. Volume 8 of the "Energy and Environmental Policy" series challenges our understanding of environmental justice in a global context. It includes theoretical investigations and case studies by leading authors in the field. Global forces of technology and the development of global markets are transforming social life and the natural order. These changes require a critical examination of nature-society relations. Increasingly, modernization assigns the risks of modernity to those with the least power and greatest vulnerability to environmental harm. Conventional environmentalism, which focuses on critique of the effects of humanity against nature, is inadequate to the challenges of globalization. In particular, it fails to explain sources of persistent patterns of social injustice that accompany escalating environmental exploitation. As the capacity for environmental destruction expands, broader concerns about environmental injustice have come to the fore, including awareness of threats to whole cultures, ways of life, and entire ecologies. The volume's authors consider the links between expanded patterns of environmental injustice and the structures and forces underlying and shaping the international political economy. Environmental injustice is examined across a variety of cultures in the developed and developing world. Through case studies of climate colonialism, revolutionary ecology, and environmental commodification, the global and local dimensions of the problem are presented. The latest volume in this important series demonstrates that environmental justice cannot be reduced to simple parables of indifference, prejudice, or appropriation. It forges understanding of environmental injustice as a development of international political economy itself. Likewise, initiatives on behalf of environmental justice are seen as elements of broader movements to secure self-determination in a globalizing world. This book will be of interest to policymakers, energy and environmental experts, and all those interested in the environment and environmental law. It provides new perspectives on the place of environmental justice in international political and economic conflict. John Byrne is director of the Center for Energy and Environmental Policy, University of Delaware. Leigh Glover is a research fellow at the same Center. Cecilia Martinez is a professor of ethnic studies at the Metropolitan State University (Minnesota) and a research associate of the American Indian Research and Policy Institute.

The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors' interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states' asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states' interests to be voiced and considered in compliance decision-making processes.