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.

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 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 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.

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.

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.

The Arctic ice cap is melting and scientists are uncertain about how this will affect ecosystems. At the same time, the Arctic is the object of heated political discussion. Who shall extract the oil when the ice disappears? How are marine delimitation lines established? Who will control the new sea routes that are opening up? Who actually owns the Arctic? This volume, edited by a leading academic in the field, brings together some of the most authoritative journal articles on Arctic politics publishes since the end of the Cold War. The articles discuss circumpolar and regional Arctic governance, including the claim that a 'scramble for the Arctic' is underway. Along with an original introduction by Professor Honneland, this collection will be of interest to academics, researchers and students with an interest in the politics of the arctic.

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.

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.

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.

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.

The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) is intended to increase the safety of international transport of dangerous goods by road. Regularly amended and updated since its entry into force, it contains the conditions under which dangerous goods may be carried internationally. This version has been prepared on the basis of amendments applicable as from 1 January 2019.

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.

This book focuses on River Basin Organizations as the key institutions for managing internationally shared water resources. This includes a comparative analysis of all River Basin Organizations worldwide and three in-depth case studies from three different continents. The detailed case studies are the Senegal (West Africa), Mekong (South-east Asia) and Danube (Europe) rivers. The book contributes to the academic debate on how shared natural and environmental resources can be managed in a sustainable way and which institutional and legal mechanisms actually matter for doing so. It adopts the neo-institutionalist approach, according to which international environmental institutions do make a difference. The analysis not only confirms this argument for the specific case of shared water resources, but also refines existing hypotheses on the influence of different independent variables, namely the nature of the collective action problem, the constellation of actors and the institutional design of an international environmental institution. The work also contributes to the policy debate on how to better govern internationally shared natural resources and the environment. It provides policy makers with advice on which exogenous conditions to be aware of when managing water resources they share with co-riparians and which institutional design features and governance mechanisms to set up in order to increase effectiveness in management.

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?

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.

Renewable and carbon-neutral energy have been promoted as the future of energy production in the United States. Non-traditional energy sources show promise as alternatives to fossil fuels and may provide a sustainable source of energy in increasingly uncertain energy markets. However, these new sources of energy face their own set of political, administrative, and legal challenges. Green vs. Green explores how mixed land ownership and existing law and regulation present serious challenges to the development of alternative energy sources in the United States. Analytically examining and comparing five green energy sectors; wind, solar, geothermal, biofuel and hydro power, Ryan M. Yonk, Randy T. Simmons, and Brian C. Steed argue that discussing alternative energy without understanding these pitfalls creates unrealistic expectations regarding the ability to substitute "green" energy for traditional sources. The micro-goals of protecting individual areas, species, small-scale ecosystems, and other local environmental aims often limits ability to achieve macro-goals like preventing global climate change or transitioning to large-scale green energy production. Statutes and regulations designed to protect environmental and cultural integrity from degradation directly conflict with other stated environmental ends. Although there is substantial interest in adding clean energy to the grid, it appears that localized environmental interests interfere with broader environmental policy goals and the application of existing environmental laws and regulations may push us closer to gridlock. Green vs. Green provides a fascinating look into how existing environmental law created or will create substantial regulatory hurdles for future energy generations.

Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU's overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science. This text can also be read with the authors' A Guide to US Environmental Law for a comparative look at how two important jurisdictions in the world deal with key environmental problems.

'This is arguably one of the best books ever written about condominiums. Easthope has researched all aspects of the life-cycle of condominiums, from development to termination, covering multiple jurisdictions across the world. She draws out differences in structures and management, but more importantly, highlights the striking similarities in global residential development. As condominiums increasingly dominate our cities, this book will become an essential resource for all researchers.' - Cathy Sherry, University of New South Wales, Australia With a majority of the world's population now living in cities, apartment living is a necessity. This book explores the potential of private apartment developments (condominiums) to play an important role in modern cities and contribute to a positive urban future. Addressing the influences of housing markets, development practices, planning regimes, legal structures and social and cultural norms on the development and operation of condominiums, Hazel Easthope argues that while the condominium is a child of the neo-liberal city, it has the potential to rebel against its parent by enabling local-level resident action, mobilising place-based politics, and facilitating the creation of local social ties. Including interviews with over 100 specialists across seven countries, this book is an exemplary cross-disciplinary work that studies the past, present and potential of apartment living. A timely and original contribution to current scholarship, this book will be an interesting read for students and researchers of geography, urban studies, planning, social policy and law. Its insights into the complexities of condominiums will also be useful for lawyers, property managers and government officials.

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.

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 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.

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