Reauthorization of the Superfund law continues to be a major source of controversy among political leaders and environmental activists. Some seek a major overhaul of the statute, arguing that considerable cleanup still needs to be done. Others oppose major changes, asserting that cleanup is almost complete. One of the most contentious issues in the debate is whether the taxes that once stocked the Superfund Trust Fund need to be reinstated. The answer depends in large part on how much money EPA will need to implement the Superfund program. To inform this discussion, the U.S. Congress asked Resources for the Future (RFF) to estimate the program's future costs. The results of this research are included in Superfund's Future, a book that will become an essential reference for all participants in the debate about one of the nation's most controversial environmental programs.

This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were 'distanced' by the presence of member states that intermediate between the Security Council's international commands and those individuals that are subject to member states' domestic law. However, in practice, the UN Security Council's exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council's distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council's exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council's extensive encounter with the actors who primarily reside in a domestic legal order.

The financial crisis posed new challenges for the administrations of Eurozone countries, including: how to respect EU obligations when the economy is under stress? How to improve the overall implementation of EU policies and domestic reforms? How to negotiate effectively with the Troika and then quickly and efficiently fulfil the requirements of the Memoranda of Understanding? This volume offers the first analysis of EU coordination by national executives in the light of the legal and political consequences of the crisis, using case studies of five severely affected Member States: Cyprus, Greece, Ireland, Italy, and Portugal. It examines from an interdisciplinary perspective how they have adapted their coordination systems since the outbreak of the crisis, shedding light on the adjustments undertaken by domestic administrations. The comparison reveals that in this process Prime Ministers and Ministers of Finance were empowered in a common shift towards the centralization of EU coordination.

Many people today feel that something has gone wrong with British society and British politics. The quality of like seems to be declining. Crime soars. Traffic and pollution spiral. Mass unemployment is undiminished, while many people experience insecurity and stress at work. Growing poverty and inequality have left many of Britain's citizens excluded from mainstream society. Everywhere, the sense of community seems to be breaking down. In the world as a whole, poverty and conflict cause immense suffering and threaten the security of nations. Global environmental degradation - from the greenhouse effect to the destruction of rainforests - makes the very future of the planet uncertain. Yet the political system seems barely to register what is happening. It is hardly surprising that public disillusionment with politicians and Parliament has never been higher. The Politics of the Real World addresses these interlocking crises. Setting out the issues clearly, it explains how conventional economic and social policies are creating the problems we face, not solving them. Arguing that the British political system itself needs rejuvenating, it proposes a new direction for the UK in an increasingly globalised world.

Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.

In most countries, the development of environmental programs follows a similar pattern. Early efforts concentrate on direct threats to public health, such as contaminated drinking water and air pollution. Only after these problems are addressed does the need to improve day-to-day management of hazardous wastes reach the top of the environmental agenda. In this new report, RFF's Katherine Probst and Thomas Beierle compare the development of hazardous waste management programs in eight countries---the United States, Canada, Germany, Denmark, Indonesia, Hong Kong, Malaysia, and Thailand---and discuss steps taken to foster proper hazardous waste management. The authors focus on two questions: What were the major steps in the evolution of a successful hazardous waste program? What role, if any, did the public sector play in financing modern treatment and disposal facilities? Based on interviews and secondary sources, this report includes country-specific profiles that detail the steps in the evolution of each country's hazardous waste management program and describe the role of the public sector in facility financing.

Pollution control, a key component of U.S. environmental policy, has made important progress in recent decades. Yet important problems remain and there is need for improvement in the pollution control regulatory system. This book is the most extensive evaluation of that system ever produced. It reveals many strengths and accomplishments, but also illustrates serious shortcomings and the need for reform. The volume emerges from three years of research on a fragmented 'system' of institutions, statutes, and procedures that is often inefficient and ineffective, hobbled by misplaced priorities. Part I provides an in-depth description of this system, centered on the federal Environmental Protection Agency and the labyrinthine laws it must implement. The authors evaluate the federal legislation, administrative decisionmaking, and the state-federal division of labor that defines the system. Davies and Mazurek assess the effectiveness and efficiency of U.S. pollution control. They discuss the performance of U.S. laws and regulations in comparison with those of other nations, assess the ability of the U.S. pollution control system to meet future problems, and consider proposals for reform and repair. Within this far reaching analysis, they include criteria that are often overlooked by policymakers and analysts, including social values, equity, nonintrusiveness, and public participation.

Felix Dodds is the Milo Minderbinder of the stakeholder world!' Alex Kirby, BBC 'An invaluable tool for anyone wishing to understand and contribute effectively to the competition of good ideas that intergovernmental meetings should be' Paul Hohnen, former Strategic Director, Greenpeace International '...the book is a valuable resource for people willing to understand the practice of international negotiation and for those preparing to be influential negotiators.' Political Studies Review Organizations spend considerable resources taking staff to international meetings, often without understanding how these meetings work. This book is a unique guide on how to participate and be heard at intergovernmental meetings, whether as a stakeholder or a government official. It contains a wealth of essential reference material including tips for navigating the intergovernmental hot spots of New York and Geneva, lists of UN commissions, conferences and permanent missions, contact details of key international organizations, NGOs and stakeholder groups and useful web addresses. If you have never lobbied or just want to have a better understanding of how the intergovernmental governance process works, this book is the essential resource to make your work much easier.

The U.S. Environmental Protection Agency was created to protect public health and the environment, and it has traditionally emphasized its regulatory mission over its scientific mission. Yet for environmental policy to be credible with the public and policymakers, EPA's actions must have a sound basis in science. In Science at EPA, Mark Powell offers detailed case studies that map the origins, flow, and impact of scientific information in eight EPA decisions involving the agency's major statutory programs. Drawing on extensive research and interviews, he provides the most comprehensive examination available on the acquisition and use of science in environmental regulation. Powell describes the key obstacles to the practical, efficient, and effective acquisition and use of knowledge in what is a crucial, but complex endeavor. His book is an essential contribution for practitioners, scholars and students, and citizens who are determined to protect our environment rationally and effectively.

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Nunez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

Can trade liberalization and environmental protection be pursued together, or do the two objectives inevitably conflict? The rapid evolution of international regimes and institutions is increasingly bringing such conflicts to the fore. A consensus, both on the extent of the clash, and on how it can be resolved, does not yet exist. This volume includes the proceedings from the RIIA's April 1997 conference on trade and the environment, which brought together prominent contributors from all sides of the debate, including industry, governments, academics, NG0s and intergovernmental institutions such as the World Trade Organization, UNEP, UNCTAD and the OECD. They examine the background to the issue; the impacts of trade-related environmental measures; the relationship between environmental policy, competitiveness and investment; industry and developing country concerns; and the evolution of dispute settlement procedures in the EU and the WTO. The concluding chapter features a wide-ranging discussion on the future of the debate and of the WTO's Committee on Trade and Environment.

The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council's agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council's decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..

Environmentally sustainable development has become one of the world's most urgent priorities. But countries cannot achieve it alone: it depends on international coordination and action. Greening International Institutions, the latest in a series of highly-acclaimed publications devoted to environmental and developmental law, assesses how far and how successfully intergovernmental organizations have responded to the challenge. The organizations analyzed include: the UN General Assembly, the new Commission for Sustainable Development, UNEP, UNDP and UNCTAD, WTO, GATT, NAFTA, the Bretton Woods institutions and several regional bodies, as well as treaty bodies and the mechanisms for avoiding and settling disputes. For each, the contributors provide an accessible overview of the organization's mandate and structure, examine substantive policy initiatives and assess the need and scope for procedural and institutional reform. Drawing together a collection of essays by lawyers and researchers from various backgrounds, Greening International Institutions is stimulating reading for students and policy-makers, as well as anyone concerned with the development of international institutions. Jacob Werksman is an attorney, a Programme Director at FIELD, and Visiting Lecturer in International Economic Law at the University of London. Greening International Institutions is the fifth volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature and Improving Compliance with International Environmental Law. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1996

Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

The European Union's stalled expansion, the Euro deficit and emerging crises of economic and political sovereignty in Greece, Italy and Spain have significantly altered the image of the EU as a model of progressive civilization. However, despite recent events the EU maintains its international image as the paragon of European politics and global governance. This book unites leading scholars on Europe and Empire to revisit the view of the European Union as an 'imperial' power. It offers a re-appraisal of the EU as empire in response to geopolitical and economic developments since 2007 and asks if the policies, practices, and priorities of the Union exhibit characteristics of a modern empire. This text will be of key interest to students and scholars of the EU, European studies, history, sociology, international relations, and economics.

An examination of the conflicts facing traditional pastoralist societies within the developing nations of Africa. The book explores the forms of traditional land tenure and access to grazing resources, which are being increasingly eroded by modern forms of ownership and development. It shows how communal land tenure arrangements are essential not only for the survival of these societies but also to manage the pastures and rangelands in question. The case studies are by local experts. They cover Kenya, Mali, Senegal, Mauritania, Sudan, Tanzania and Uganda. Each looks at: the political and legal context, trends in pastoral development, causes of conflict, procedures for resolving conflict, and environmental implications.

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Effective policies to prevent global warming and climatic change are urgently required by the world community. However, international negotiations on this issue repeatedly come up against the problems of allocating responsibility for the greenhouse effect, and bearing the costs of remedying the situation.;This volume offers a multidisciplinary response to the challenge. It presents the scientific, economic and political issues and goes on to describe the policy options available. The different ways of determining responsibility for greenhouse gases and calculating obligations to pay for hazards to the environment are analyzed. The contributors examine the implications for various countries, while a concluding chapter explores climatic change negotations - what is at stake, and for whom.

Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.