This report has been prepared by the London Environmental Economics Centre (LEEC). LEEC is a joint venture, established in 1988, by the International Institute for Environment and Development (IIED) and the department of Economics of University College London (UCL). Popularly known as The Pearce Report, this book is a report prepared for the Department of the Environment. It demonstrates the ways in which elements in our environment at present under threat from many forms of pollution can be costed. The book goes on to show ways in which governments are able, as a consequence of this analysis, to construct systems of taxation which would both reduce pollution by making it too costly and generate revenue for cleaning up much of the damage. The book ends with a series of skeleton programmes for progress.

Viewed from the perspective of environmental management, this study describes the implications and applications of the precautionary principle - a theory of avoiding risk even when its likelihood seems remote. This principle has been employed in the United Nations Framework Convention on Climate Change and the North Atlantic Convention, yet it is not widely understood. This study examines the history and context of the principle, and its applications to law, governmental policies, business and investment, scientific research and international relations.

First Published in 2009. This title contains a diverse collection of pieces from which the reader can draw an understanding of the shape and function of the institutions discussed within, the scope of their activities, and the niche they occupy in the larger system. Werksman reveals a pattern that organizations grow and contract erratically and organically in response to competing demands, concerns and resources. This volume aims to raise questions as to whether the demands of sustainable development require a more fundamental push against the inertia of institutional culture.

For centuries, denuded landscapes, fouled streams, and dirty air were accepted by society as part of the price that had to be paid for mineral production. Even initial environmental legislation devised by industrialized countries in the 1960s and 1970s was largely designed without mining in mind. And developing countries had little in the way of environmental policy. With the advent of sustainability in the 1990s, times have changed. Today's economic development, many now feel, must not come at the expense of an environmentally degraded future. Current policies toward mining are under rigorous review, and mineral-rich developing countries are designing environmental policies where none existed before. In Mining and the Environment, noted analysts offer viewpoints from Australia, Chile, the United Kingdom, the United States, and the European community on issues and challenges of metal mining.

'This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.' - Anne Orford, Melbourne Law School, Australia 'Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.' - Benedict Kingsbury, New York University, School of Law, US Concepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline. This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life. Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read. Contributors include: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Broelmann, B. Cali, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d'Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernandez, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Megret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkaemper, U. OEszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. Wuerth

A growing number of GHG emissions trading schemes are being implemented at regional or national levels. However, even as the number of different schemes grows, few linkages exist between them. Major cap-and-trade proposals are currently at important stages in their development, especially in the United States, Japan and Australia, some of which explicitly emphasize the aim of linking with other schemes. One of the strategic goals of European climate policy is linking the EU ETS with other comparable schemes. The research presented in this volume is on actual economic, political and institutional constraints and implications. It examines the role of linking trading schemes for the development of the post-Kyoto climate architecture and for increasing linkage between schemes. This essential research will be relevant to both the scientific community and for policymakers who are involved in the design of emerging trading schemes and offset mechanisms, as well as in designing the post Kyoto climate regime. This volume focuses specifically on: o Economic, institutional/regulatory and legal dimensions of linking o Implications of linking on the design of emerging trading schemes o The role of linking trading schemes for the development of the post-Kyoto climate regime

In 1972, UNESCO put in place the World Heritage Convention, a highly successful international treaty that influences heritage activity in virtually every country in the world. Focusing on the Convention's creation and early implementation, this book examines the World Heritage system and its global impact through diverse prisms, including its normative frameworks, constituent bodies, programme activities, personalities and key issues. The authors concentrate on the period between 1972 and 2000 because implementation of the World Heritage Convention during these years sets the stage for future activity and provides a foil for understanding the subsequent evolution in the decade that follows. This innovative book project seeks out the voices of the pioneers - some 40 key players who participated in the creation and early implementation of the Convention - and combines these insightful interviews with original research drawn from a broad range of both published and archival sources. The World Heritage Convention has been significantly influenced by 40 years of history. Although the text of the Convention remains unchanged, the way it has been implemented reflects global trends as well as evolving perceptions of the nature of heritage itself and approaches to conservation. Some are sounding the alarm, claiming that the system is imploding under its own weight. Others believe that the Convention is being compromised by geopolitical considerations and rivalries. This book stimulates reflection on the meaning of the Convention in the twenty-first century.

This book provides an original analysis of the problems facing global governance and in particular that of one of the most globalised of all industries - shipping. Central to all global trade and its dramatic growth, shipping faces difficulties of governance stemming from its every globalised nature. The current characteristics of global governance - nation-state fixation, anachronistic institutions, inadequate stakeholder involvement and an over-domination of owner interests are dwarfed by the problems of stasis and fixation which means that policies to address problems of safety, the environment and security are inadequate. This book provides a full and wide ranging discussion of how governance can be animated in a global context so that the dynamism of the maritime industry and its problems can be prevented, regulated and understood. Its unique approach to governance makes it essential reading for all maritime policy-makers and those analysing maritime issues, alongside those with an interest in governance in its widest sense.

The book will explore the impact of the Lawrence Report since it was published in 1999. Upon publication, Home Secretary Jack Straw promised that the Macpherson Inquiry would lead to real change in the policing of minority ethnic communities in Britain. Several senior police officers made similar pledges and insisted that the benchmark against which their commitment should be judged should be the extent to which progress was made 'on the ground'. In the aftermath of the report a host of initiatives have addressed issues ranging from police liaison with victims, first aid training, to stop and search procedures and police complaints. As well as exploring the many ways in which the Lawrence Report has impacted on the police service and on society more widely this collection assesses the extent to which, in retrospect, the Macpherson Inquiry has led to significant changes to policing, and highlights areas where future efforts ought to be concentrated.

Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way. The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions. Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.

For too long, cities have been thought of as environmental blackspots, with high levels of air and soil pollution, overcrowding, poor sanitation and growing waste disposal problems. This book takes a more positive attitude: cities can be made to work sustainably. Their high population density can work in the environment's favour if they can achieve efficient use of resources such as energy and water supplies, and improve transport and infrastructure. The best cities today are clean, resource efficient, green and pleasant, and not only act as cultural and entertainment centres, but also harbour great varieties of wildlife. Making Cities Work looks at the vital role which local authorities can - and must - play in safeguarding and developing our towns and cities. Their role is crucial, and the aim of the book is to make governments, international bodies and local authority associations aware of how potential environmental and social problems can be overcome, and what can be achieved. This book is being written by urban development experts, based on material supplied by the world's leading city associations. It is being edited by one of the world's most highly regarded cultural ecologists, and has been commissioned by UNHCS for the Habitat II conference. Clearly written, accessible, and fully illustrated throughout with photographs, figures and graphs, it is ideal for students, fascinating reading for the general public, and essential for those involved in local authorities, planning and development.

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year's edition to an analysis of the phenomenon of yearbooks in international law. Once the decision was made that this would be the subject of this year's NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are published on a yearly basis? Does the existence of yearbooks tell us something about who we are, or who we think we are, or what we have to contribute to the world? These questions will be addressed both in a general and in a specific sense, whereby a number of yearbooks published all over the world will be looked at in further detail. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Disasters both natural and human-induced are leading to spiralling costs in terms of human lives, lost livelihoods and damaged assets and businesses. Yet these consequences and the financial and human crises that follow catastrophes can often be traced to policies unsuited to the emerging scales of the problems they confront, and the lack of institutional capacity to implement planning and prevention or to manage disasters. This book seeks to overcome this mismatch and to guide development of a policy and institutional framework. For the first time it brings together into a coherent framework the insights of public policy, institutional design and emergency and disaster management.

Natural resources often stretch across borders that separate modern nation states. This can create conflict and limit opportunities for regulated consumption of their goods and services, but also provide opportunities for joint multinational efforts that exceed single country capabilities. This book illustrates the diversity of transborder natural resources, the pressures that they experience or the opportunities that exist for multinational regulatory regimes, monitoring and enforcement. It presents ten case studies of transborder natural resources that are of interest to two or more neighboring countries, and that are subject to, or in need of bilateral or multinational coordinated management. The case studies include the exploitation of specific marine resources in international waters, rivers that travel through several countries and contiguous tropical forests across national borders, and where commodities, nature conservation or even territorial integrity are at stake. They are drawn from across the globe, including flood management in Western Europe, tropical forests in the Western Amazon, hydropower development in the Mekong region of South-east Asia, forest conservation in Central Africa and marine resource and fisheries exploitation in the waters of Japan, South-east Asia and Australia. Together the chapters provide a review of a wide range of transborder natural resource examples, and the diverse regulatory regimes that need to be devised to achieve successful management. An introductory chapter provides a conceptual and theoretical underpinning that can guide future research efforts on similar cases and a concluding chapter draws major conclusions and implications for related concepts and theories.

The charter of the World Trade Organization (WTO) sets the tone that sustainable trade and economic development dominates multilateral trade negotiation and specific working agreements. This book examines the novel challenge for developing countries to upgrade and optimize their industrial structure and trade composition by stimulating genuinely innovative and competitive industrial strength. The book specifically explores the issue of infant industry promotion under the legal framework of the WTO treaties and case law. Taking the regulatory measures and incentives China has used to build up a large civil aircraft supplier, the book evaluates the key trade agreements relevant to infant industry promotional policies and practices, such as product regulations and standards under the 'Agreement on Technical Barriers to Trade', and export promotion policies under the 'Agreement on Subsidies and Countervailing Measures'. Juan He argues that the regulatory room prescribed by the multilateral trade rules of the WTO does not allow adequate space for developing countries to encourage new and technologically advanced areas of production and trade. The author concludes by suggesting ways in which WTO rules could be modified to help enable developing countries' industrialization. In doing so, the book highlights a need to investigate how localized and international policy trends can be reconciled and enhanced towards the common goal of development. The book will be of great interest to scholars and students of international trade law, Chinese studies, international political economy, and of great use to government agencies responsible for internal trade and industrial policy decisions.

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Developed for use as a reference work in graduate and undergraduate courses as well as for researchers, policymakers, and interested laypersons, the book is a unique collection of authoritative yet accessible journal articles about risk. Drawn from a variety of disciplines including the physical and social sciences, engineering, and law, the articles deal with a wide range of public policy, regulatory, management, energy, and environmental issues. The selections are accompanied by introductory notes, questions for thought and discussion, and suggestions for further reading.

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

This book explores the everyday practices of border control and implementation of mobility policy in the European Schengen area by analyzing consular visas services on the edges of the territory. Using an original case study, private contractors that implement EU visa policy on governments' behalf, the author focuses on visa application centers located in Morocco and run by the two major contractors of European Member States, the transnational corporations VFSGlobal and TLSContact. The analysis builds on ethnographic research that encompasses the making of EU visa policy at the European, national and local levels. It aims at uncovering the reasons that have led to the adoption of outsourcing as a normal and legitimized mode to implement EU visa policy and the effects of that choice.

The jurisprudential conception of effective control is rooted in outmoded conc- tions of hierarchical organizational structure. By extension, the current template for evaluating effective control poses an increasing risk that culpable commanders will escape liability by exploiting the lacunae in current case law. This article p- poses that jurists should analyze command/superior responsibility cases with full cognizance of modern command and control theory in order to sustain its viability as a practical prosecutorial tool to regulate the crimes committed by loosely knit groups and non-state actors conducting atrocities in chaotic circumstances. The Composite Theory proposed herein would support liability for the acts of subor- nates on the theory that commanders who field fighting organizations without the proper methods for enforcing compliance with the laws and customs of war - sume the risk of criminal sanction where criminal violations occur by their sub- dinates, regardless of the nature of the organization. Despite its broad acceptance and frequent regurgitation in jurisprudence, the doctrine of effective control drawn from the essence of the leader's authority is increasingly inapplicable to non-state actors who conduct hostilities in non-tra- tional conflicts. The independent emergence of the principle that the commander's orders operate with the force of law to limit the application of violence in widely disparate cultures and historical periods suggests that it is more than just a legal technicality, but instead is fundamental to the nature of warfare itself.

Is the EU isolated within the emergent multipolar world? Concentrating on interregional relations and focussing on the European Union's (EU) evolving international role with regards to regional cooperation, this innovative book collects a set of fresh empirical analyses of interregional ties binding the EU with its Eastern and Southern neighbourhood, as well as with Asia, Africa and the Americas. The 25 leading authors from 5 continents have contributed original and diverse chapters and the book advances a novel theoretical 'post-revisionist' approach beyond both the Eurocentrism of 'Europe First' perspectives as well as the Euroscepticism of those advocating to simply move 'Beyond Europe'. After a Foreword by A. Acharya, the book's five sections reflect the main drivers of EU interregional policies: The European Union as a Sophisticated Laboratory of Regional and Interregional Cooperation (with chapters by M. Telo, L. Fawcett and T. Risse), De Facto Drivers of Regionalism (F. Ponjaert, M. Shu, A. Valladao and C. Jakobeit), De Jure Drivers of Regionalism (S. Lavenex, G. Finizio, C. Jakobeit, R. Coman, C. Cocq & S. Teo L-Shah), Cognitive Drivers of Regionalism (J. Ruland, E. Fitriani, S. Stavridis & S. Kingah, P. Bacon), and Instrumental Drivers of Regionalism (B. Delcourt, C. Olsson & G. Muller, A. Malamud & P. Seabra and L. Fioramonti & J. Kostopoulos).

Complying with the forthcoming tightening of CO2 emission allocations in the EU may mean big bills for the industries affected. In this special issue of Climate Policy journal, leading experts examine the impacts on competitiveness and the commercial incentives available from the CO2 allowance allocations under the methodologies, and whether - and if so at what stage - the ETS itself may need to be amended. The study is multidisciplinary, combining economic, legal and policy analysis with specific studies of impacts on electricity, cement and other industrial sectors and the allocation issues. It brings together the results of research conducted over the past two year from various research centres and consultancies in Europe, and in particular, work commissioned by the Carbon Trust and Climate Strategies Network. Through these, it presents the most comprehensive and detailed set of analyses yet conducted of the impacts of allocation on competitiveness - one of the most critical issues for the sectors affected and for the operation of the ETS.

The first three volumes of the World Court Digest cover the periods 1986 to 1990, 1991 to 1995 and 1996 to 2000. We are happy to issue the fourth volume, covering the period from 2001 to 2005. We hope that this new Digest will be welcome to all those interested in the case law of the International Court of Justice. We are, of course, aware that nowadays the decisions of the Court are easily accessible through electronic data systems. However, there is no systematic analysis available in the form presented by the World Court Digest. Therefore, the Digest will be useful for those who wish to find the most recent position of the Court on a particular issue of international law. As the three previous volumes, also this fourth volume will be made available through electronic data on the homepage of the Max Planck Institute for Comparative Public Law and International Law. The first five years of the new century have been a busy period for the Court due to its continuing heavy caseload. The cases concerned a variety of legal issues reaching from the use of force and self-defence to questions of land and maritime boundary delimitation, immunity, consular matters, revision of judgments and the effect of provisional measures. The parties to the cases were States from all parts of the world demonstrating the general acceptance of the Court.

With existing literature focusing largely on Western perspectives of peace and their applications, a global understanding of peace is much needed. Spurred by more recent debates and discourses that criticize the dominant realist and liberal approaches for crises in contemporary state- and peace-building, the contributors to this handbook emphasize not only the need to solve this eternal conundrum of humanity, but also demand-with the rise of increasingly more violent conflicts in international relations-the development of a global interpretive framework for peace and security. To this end, the present handbook examines conceptual, institutional and normative interpretive approaches for making, building and promoting peace in the context of roles played by state and non-state actors within local, national, regional, and global units of analysis.

This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.