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Books > Law > International law > Public international law > General
Over the past decades, considerable debate has emerged surrounding the use of cost-benefit analysis (CBA) to analyze and make recommendations for environmental and safety regulations. Critics argue that CBA forces values on unquantifiable factors, that it does not adequately measure benefits across generations, and that it is not adaptable in situations of uncertainty. Proponents, on the other hand, believe that a well-done CBA provides useful, albeit imperfect, information to policymakers precisely because of the standard metrics that are applied across the analysis. Largely absent from the debate have been practical questions about how the use of CBA could be improved. Relying on the assumption that CBA will remain an important component in the regulatory process, this new work from Resources for the Future brings together experts representing both sides of the debate to analyze the use of CBA in three key case studies: the Clean Air Interstate Rule, the Clean Air Mercury Rule, and the Cooling Water Intake Structure Rule (Phase II). Each of the case studies is accompanied by critiques from both an opponent and a proponent of CBA and includes consideration of complementary analyses that could have been employed. The work's editors - two CBA supporters and one critic - conclude the report by offering concrete recommendations for improving the use of CBA, focusing on five areas: technical quality of the analyses, relevance to the agency decision-making process, transparency of the analyses, treatment of new scientific findings, and balance in both the analyses and associated processes, including the treatment of distributional consequences.
International organizations are typically intergovernmental in nature and endowed with a bipolar institutional structure where organs of States are usually juxtaposed with the Secretariat. On these premises, in Non-Governmental Interests in Regional Organizations: The Role of Parliamentary, Socio-Economic and Territorial Institutions Elisa Tino aims at analysing the unexplored phenomenon of institutional multipolarism of regional organizations, namely the trend to establish institutions representing non-governmental interests. Particularly, illustrating their diffusion in various geographic areas, explaining rationales underlying their establishment and investigating their institutional aspects, Elisa Tino pinpoints the contribution of these institutions to the development of regional organizations both according to the functionalist approach and the constitutionalist one. Thus, she aims at providing food for thought in the study of international organizations.
In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states-South Africa, the United States, Canada, the United Kingdom, and Israel-to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states' oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.
This special issue of the Climate Policy journal addresses the following key questions: * What long-term range of policies for climate change adaptation and mitigation should Europe pursue to adequately enhance sustainability on a global level? * What are the implications of long-term European climate strategy for the design of a global post-2012 climate regime? * What are the key concerns of different stakeholders and how will these concerns impact on long-term climate policy? These questions were discussed during two workshops, commissioned by the European Forum on Integrated Environmental Assessment (EFIEA) and jointly organized by the National Institute of Public Health and the Environment (RIVM), The Netherlands and the Tyndall Centre for Climate Change Research, UK. Selected papers from these workshops were adapted and peer-reviewed for publication. International experts offer detailed policy analysis and review the links between policy and economics, sustainable development, technology and adaptation. Also included are introductory and concluding remarks from the guest editors, highlighting key points and offering an expert synthesis of the workshop discussions. This will be invaluable reading for professionals, researchers and academics interested in climate change and climate policy, policy makers, policy analysts, energy consultants, and representatives from industry planning their own long-term energy strategies.
First Published in 2009. Routledge is an imprint of Taylor & Francis, an informa company.
The Yearbook on Space Policy is the reference publication analysing space policy developments. Each year it presents issues and trends in space policy and the space sector as a whole. Its scope is global and its perspective is European. The Yearbook also links space policy with other policy areas. It highlights specific events and issues, and provides useful insights, data and information on space activities. The Yearbook on Space Policy is edited by the European Space Policy Institute (ESPI) based in Vienna, Austria. It combines in-house research and contributions of members of the European Space Policy Research and Academic Network (ESPRAN), coordinated by ESPI. The Yearbook is designed for government decision-makers and agencies, industry professionals, as well as the service sectors, researchers and scientists and the interested public.
For a large proportion of the electorate, national politics misses the real issues. As a result, membership of campaigning organizations has soared whilst party numbers have declined. This work distils the principles and priorities of many of the leading voluntary groups into a strong and coherent programme of political aims and actions. The problem can be measured as a sustainability gap - between official policies and achievements and actual democratic participation, environmental restoration and the eradication of poverty. With examples and short case studies, the book translates the gap into practical and realistic recommendations for progress.
Private sector delivery of state services is increasingly common worldwide, and state forest plantation management is no exception. Increasingly governments are transferring rights and responsibilities to the private sector for state-owned plantations. Some claim that this is the road to achieving sustainable forest management, greater contributions to local livelihoods and poverty reduction, others disagree. This book examines the evidence and explores the many issues raised by these changing relationships between the state, the private sector and local livelihoods. Experiences from around the world are described through seven case studies from Australia, China, Chile, India, New Zealand, South Africa and the United Kingdom, and key lessons and clear guidance are provided on how governments can best achieve a balance between private and public involvement while continuing to deliver the key social goods and services expected by all citizens.
Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
'Imagine the pride of earning the Nobel Prize for warning that CFCs were destroying the ozone layer. Then imagine that citizens, policymakers, and business executives heeded the warning and transformed markets to protect the earth. This book is the story of why we can all be optimistic about the future if we are willing to be brave and dedicated world citizens.' MARIO MOLINA, Nobel Laureate in Chemistry and Professor, University of California This book tells how the Montreal Protocol, the most successful global environmental agreement so far, stimulated the development and worldwide transfer of technologies to protect the ozone layer.Technology transfer is the crux of the 230 international environmental treaties and is essential to fighting climate change. While debate rages about obstacles to technology transfer, until now there has been no comprehensive assessment of what actually works to remove the obstacles. The authors, leaders in the field, assess over 1000 technology transfer projects funded under the Montreal Protocol's Multilateral Fund and the Global Environment Facility, and identify lessons that can be applied to technology transfer for climate change.
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.
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. |
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