The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

This book discusses and studies the basic course of ecological civilization construction in the 70 years since the founding of the People's Republic of China and summarizes the experience and lessons. It contains 75 articles from 75 top experts and government officials in the field of ecological civilization policy-making and basic theory research in China, including Xi Jinping Thought on Ecological Civilization, ecological culture, green industry economy, environmental quality, legal system, ecological security and so on, so as to provide reference for understanding and studying the progress of ecological environment protection since the founding of China.

Why are women still at a disadvantage in Chinese divorce courts? Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice. Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

"Efficient breach" is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.

This book discusses civil litigation at the supreme courts of nine jurisdictions - Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States - and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court's judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Peter Derleder, Universitatsprofessor und herausragender Zivilrechtsdogmatiker, Mitherausgeber, Kommentator, Kritiker, Praktiker als Richter und Rechtsanwalt, engagierter Lehrer, Foerderer und Prufer des wissenschaftlichen Nachwuchses, Literatur- und Kunstliebhaber, begeht am 3. Marz 2015 seinen 75. Geburtstag. Um ihn zu ehren, haben sich Freunde, Kollegen, Mitstreiter und Weggefahrten zu einer facettenreichen Festschrift zusammengefunden, die seinem Wirken in den vergangenen 10 Jahren gewidmet ist und thematisch vor allem die derzeitigen Arbeitsschwerpunkte des Jubilars im Miet- und Wohnungseigentumsrecht, im Bank-, Insolvenz- und Verbraucherrecht, aber auch zu Grundfragen des Zivilrechts, des Rechts wie der Gerechtigkeit uberhaupt in Bezug nimmt.

Alternative Formen der Streitbeilegung etablieren sich zunehmend. In Arzthaftungssachen gehoeren die Verfahren vor den bei den AErztekammern angesiedelten Gutachterkommissionen und Schlichtungsstellen mittlerweile zum Standardrepertoire der Konfliktloesungsmoeglichkeiten. Die Zweckdienlichkeit der Mediation bei Stoerungen im Arzt-Patient-Verhaltnis ist bislang jedoch kaum thematisiert worden und entsprechend wenig geklart. Die vorliegende Schrift stellt sich erstmalig der Aufgabe einer umfassenden Untersuchung. Sie stellt die Konfliktpotentiale dieser besonderen Beziehung eingehend dar und diskutiert die Eignung der Mediation als Konfliktloesungsmoeglichkeit. UEber die reine Streitbeilegung hinaus wird Mediation als Instrument zur gemeinsamen Loesungsfindung eroertert und aufgezeigt, dass sie speziell in ethischen Grenzbereichen Potentiale birgt. Die Arbeit bietet eine eingehende Analyse der Einsatzmoeglichkeiten und der Grenzen von Mediationsverfahren bei den verschiedensten Stoerungen im Arzt-Patient-Verhaltnis.

This book introduces readers to the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2018. It is divided into 3 parts, and each part is arranged in chronological order. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference of the two conferences and the "Ministerial Channel". The second part contains the record of Special Representative of China's Climate Change Affairs, Xie Zhenhua, who attended the "China's Policies and Actions on Climate Change 2018 Annual Report" press conference, and Zhao Yingmin, Deputy Minister of the Ministry of Ecology and Environment, who attended the "Three-year Action Plan to Win the Blue Sky Defense War" policy briefing. The third part contains the records of 12 regular press conferences of the Ministry of Ecology and Environment throughout the year.

This book introduces the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2019. It is divided into four parts, each arranged chronologically. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference on "Promoting Ecological Civilization and Building a Beautiful China". The second part contains the records of Minister Li Ganjie's attendance at the press conference of the National People's Congress and the Chinese Political Consultative Conference as well as the "Minister channel". The third part contains the records of four press conferences on ecological and environmental protection held by the State Council Information Office of the People's Republic of China. The fourth part contains the records of 12 regular press conferences held by the Ministry of Ecology and Environment.

This Open Access book provides detailed information about the incoming Mexican Emissions Trading System, including an analysis on why the system was implemented, how the system was designed, how it operates, how it could work, and how it could be strengthened by 2023 when it will be formally launched. This document is aimed at those who want to understand how an ETS can operate in an emerging economy. Although it has been written for experts and non-experts, this book does not provide the underlying theory of market-based instruments and emissions trading systems in general. The book can be read from start to finish, but can also be used as a reference for specific components of regional ETSs. The book draws upon a meticulous study of background documents and fieldwork from different authors to tell the story of how a Mexican ETS, the first of its kind in Latin America, can be set in the country. The emissions trading system cover many greenhouse gas emissions and has been hailed as one of the cornerstones of the Mexican climate policy. The book also examines and explains how the ETS is designed and implemented.

The proliferation of pipelines to transport oil and natural gas represents a major area of contestation in the landscape of energy development. Battles over energy pipelines pit private landowners, local community representatives, and environmentalists against energy corporations and industry supporters, sometimes drawing opposition and attention from well beyond the impacted regions, as in the case of the Standing Rock/Dakota Access Pipeline. Stakeholders must navigate complex government regulatory processes, interpret technical and scientific reports, and endure lengthy and expensive court battles. As with other forms of environmental injustice, the contentious construction of pipelines often disproportionately impacts communities of lower economic development, people of color, and indigenous peoples; pipelines also pose potential short and long-term health and safety threats. With the expansion of energy pipelines carrying fracked oil and gas across the United States and abroad, the moment is ripe for teaching about pipeline projects and engaging students and community members in learning about methods for mobilization. Our volume examines pedagogical opportunities, challenges, and interventions that campus-community engagement, and other kinds of community engagement, produce in relation to infrastructuring in the form of pipeline development.

Mit Vertr gen sollen wirtschaftliche Ziele umgesetzt werden. Das gelingt nur deshalb, weil Regeln dar ber bestehen, welches Verhalten durch Vertr ge bewirkt und im Streitfall erzwungen werden kann. Fr her orientierten sich Vertragsinhalte vornehmlich daran, was die Vertragsparteien wollten, heute sind sie zunehmend an die Wertvorstellungen des Gesetzgebers gebunden. Das Buch hilft dabei, die Konsequenzen zu berschauen, die sich daraus f r die Vertragsparteien ergeben, die wirtschaftlichen Folgen zu erkennen und vertraglich zu gestalten.

This book explores the use of restorative justice approaches in the context of environmental crimes. It critically assesses regular criminal justice approaches with regard to green crimes and explores restorative justice conferencing as an alternative. Focussing on justice approaches in Australia and New Zealand, it argues that court processes following environmental offending provide minimal to no offender and victim voice, interaction, and input, rendering them invisible. It proposes a third measure of justice - that of meaningful involvement, beyond that of fair procedure and outcome. It suggests the use of restorative justice conferencing, a facilitated dialogue between stakeholders to crime or conflict, as a vehicle to operationalise and achieve justice as meaningful involvement. This book speaks to those interested in green criminology, victimology and environmental law.

This open access book introduces a multi-disciplinary and comprehensive research on China's long-term low-carbon emission strategies and pathways. After comprehensively considering China's own socioeconomic conditions, policy design, energy mix, and other macro-development trends and needs, the research team has proposed suggestions on China's low-carbon development strategies and pathways until 2050, with required technologies and policies in order to realize the goals of building a great modern socialist country and a beautiful China. These achievements are in conjunction with the climate goals set in the Paris Agreement alongside Global Sustainable Development. The authors hope that the research findings can serve as a reference for all sectors of Chinese society in their climate research efforts, offer support for the formulation and implementation of china's national low-carbon development strategies and policies, and help the world to better understand China's story in the general trend of global green and low-carbon development.

This edited book aims to address challenges facing the deployment of autonomous vehicles. Autonomous vehicles were predicted to hit the road by 2017. Even though a high degree of automation may have been achieved, vehicles that can drive autonomously under all circumstances are not yet commercially available, and the predictions have been adjusted. Now, experts even say that we are still decades away from fully autonomous vehicles. In this volume, the authors form a multidisciplinary team of experts to discuss some of the reasons behind this delay. The focus is on three areas: business, technology, and law. The authors discuss how the traditional car manufacturers have to devote numerous resources to the development of a new business model, in which the sole manufacturing of vehicles may no longer be sufficient. In addition, the book seeks to introduce how technological challenges are creating a shift toward connected autonomous vehicles. Further, it provides insight into how regulators are responding to the insufficiently tested technology and how lawyers try to answer the liability question for accidents with these autonomous vehicles.

This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgre les barrieres juridictionnelles, culturelles et politiques ainsi que des divergences dues a ces barrieres. Ecrits par d'eminents universitaires de tous les continents, ses 26 chapitres presentent une analyse comparative de sujets juridiques majeurs du 21e siecle. Dans un monde technologiquement avance, bien que chaque pays analyse dans cet ouvrage demeure autonome en tant qu'Etat souverain, l'ensemble des systemes disparates presente neanmoins des strategies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la resolution des differends etatiques, la panoplie croissante de differents types d'instruments non etatiques et de resolution non etatique des differends devient de plus en plus centrale dans la sphere juridique. Cet ouvrage est un ajout essentiel a la bibliotheque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traites d'un point de vue comparatif et represente l'etat actuel du droit dans chaque domaine.

This book presents oral histories, collective dialogues, and analyses of rural and indigenous livelihoods facing global socio-environmental regime change in Latin America (LA). Since the late twentieth century, rural and indigenous producers in LA, including agriculturists, coffee-growers, as well as small-scale farmers/fishers, and others, have had to resist, cope with, or adapt to a range of neoliberal socio-environmental regimes that impact their territories and associated resources, including water, production systems and ultimately their cultural traditions. In response, rural producers are using local visions and innovation niches to decide what, when, and how to resist, cope with uncertainty, and still be successful in using their customary laws to retain their land rights and livelihoods. This book presents a range of ethnically diverse case studies from LA, which addresses socio-environmental, educational, and law regimes' effects using transdisciplinary research approaches in rural, traditional and indigenous production systems. Based on both, the results and insights gained into how producers are resisting and adapting to these regimes, as well as decades of research carried out in LA rural territories by the participating authors, the book puts forward a baseline for devising new public policies that are better suited to the real challenges of livelihoods, poverty, and environmental degradation in LA. These recommendations are rooted in post-development thinking; they promote territorial public policy with social inclusion and a human's rights approach. The book draws on over 20 years of research carried out by LA's academics and their undergraduate and graduate students who have addressed collaborative work, participatory research, and transdisciplinary approaches with rural commons and communities in LA. It features 19 case studies, with contributions from Argentina, Bolivia, Brazil, Colombia, Cuba, Honduras, and Mexico.

This book provides a comprehensive analysis of the illegal extraction of metals and minerals from the perspectives of organized crime theory, green criminology, anti-corruption studies, and victimology. It includes contributions that focus on organized crime-related offences, such as drug trafficking and trafficking in persons, extortion, corruption and money laundering and sheds light on the serious environmental harms caused by illegal mining. Based on a wide range of case studies from the Amazon rainforest through the Ukrainian flatlands to the desert-like savanna of Central African Republic and Australia's elevated plateaus, this book offers a unique insight into the illegal mining business and the complex relationship between organized crime, corruption, and ecocide. This is the first book-length publication on illegal extraction, trafficking in mined commodities, and ecocide associated with mining. It will appeal to scholars working on organized crime and green crime, including criminologists, sociologists, anthropologists, and legal scholars. Practitioners and the general public may welcome this comprehensive and timely publication to contemplate on resource-scarcity, security, and crime in a rapidly changing world.

The book discusses sustainability and law in a multifaceted way. Together, sustainability and law are an emerging challenge for research and science. This volume contributes through an interdisciplinary concept to its further exploration. The contributions explore this exciting domain with innovative ideas and replicable approaches. It combines a variety of authors, from both the public and the private sectors, and thereby guarantees a broad view that enshrines the more theoretical arguments from the academic side as well as stronger practical applicable perspectives. The book provides space for thoughtful expansions of established theories as well as the hopeful emergence of innovative ideas. Moreover, the combination of three to five contributions into the eleven parts respectively aims toward a compression of like minded thoughts. This should lead to an intensification of exchange of viewpoints from different angles on a similar theme. Readers therefore also have the opportunity to concentrate on single chapters, but receive comprised knowledge and a variety of thoughts for new ideas on a particular theme.

There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a "new" cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people's lives and on our social systems.

This book provides critical insight into the experience of multi-owned property, and showcases different cultural responses across the Asia-Pacific region. Escalating demand for properties within global cities has created exuberance around apartment living; however less well understood are the restrictions on individual rights and responsibilities associated with collective living. In contrast to the highly populated and traditional communal housing arrangements of past Asian economies, we see an increasing focus on neo-liberalist, market-based policies associated with the rise of an Asian middle class shaping structural change from communal to individualistic. This edited collection unpacks the rights, restrictions and responsibilities of multi-owned property ownership across the Asia-Pacific region; examining the experiences of developers, strata-managers, owners and residents. In doing so, they highlight how the rights of one party affects the restrictions and responsibilities of others within different policy frameworks. This work will reach an interdisciplinary audience including scholars and practitioners of sociology, public policy, urban studies and planning, economics, property management and architecture.