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Books > Law > International law > Public international law > International environmental law
Ocean Law and Coastal Law have grown rapidly in the past three decades as specialty areas within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of the global overfishing crisis, widespread depletion of marine living resources (such as marine mammals and coral reefs), and oil pollution. During this same period, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively brings together the two worlds of climate change and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.
Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.
The oil and gas industry's wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved. Key Features: Insightful contributions from over 40 leading practitioners and expert legal scholars Examination of domestic and international case law, with analysis of the local laws of 24 jurisdictions globally Consideration of the future of disputes in the oil and gas industry by tracking the evolution and latest trends of the global energy market Examination of the dispute resolution mechanisms used to mitigate disputes, with a focus on international arbitration as a forum for dispute resolution Discussions of a range of operations in the oil and gas industry, including upstream, midstream and downstream projects, and the various contracts that exist within these Featuring a comparative and practice-oriented perspective, this highly informative book will prove an essential resource for practitioners advising parties concerning contractual agreements in the oil and gas sector, as well as a valuable reference point for scholars of energy law and arbitration.
Climate change will have a bigger impact on humanity than the Internet has had. The last decade's spate of superstorms, wildfires, heat waves, and droughts has accelerated the public discourse on this topic and lent credence to climatologist Lonnie Thomson's 2010 statement that climate change "represents a clear and present danger to civilization." In June 2015, the Pope declared that action on climate change is a moral issue. This book offers the most up-to-date examination of climate change's foundational science, its implications for our future, and the core clean energy solutions. Alongside detailed but highly accessible descriptions of what is causing climate change, this entry in the What Everyone Needs to Know series answers questions about the practical implications of this growing force on our world: * How will climate change impact you and your family in the coming decades? * What are the future implications for owners of coastal property? * Should you plan on retiring in South Florida or the U.S. Southwest or Southern Europe? * What occupations and fields of study will be most in demand in a globally warmed world? * What impact will climate change have on investments and the global economy? As the world struggles to stem climate change and its effects, everyone will become a part of this story of the century. Here is what you need to know.
Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach. Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital. Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.
Over the past twenty years considerable public attention has been
focused on the decline of marine fisheries, the sustainability of
world fish production, and the impacts of fishing on marine
ecosystems. Many have voiced their concerns about marine
conservation, as well as the sustainable and ethical consumption of
fish. But are fisheries in danger of collapse? Will we soon need to
find ways to replace this food system? Should we be worried that we
could be fishing certain species to extinction? Can commercial
fishing be carried out in a sustainable way? While overblown
prognoses concerning the dire state of fisheries are plentiful,
clear scientific explanations of the basic issues surrounding
overfishing are less so - and there remains great confusion about
the actual amount of overfishing and its ecological impact.
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.
This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilizes the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector. The book makes a meaningful contribution to the literature within public international law, engaging with scholarly discourse on the fragmentation of international law and providing an in-depth analysis of the theoretical context against which the principle of mutual supportiveness is emerging. Chapters examine the WTO jurisprudence on renewable energy subsidies, propose specific solutions to improve the alignment between climate and trade law, and build a case for the development of climate-friendly trade policies. Taking account of the multifaceted interactions between international climate and trade law, Monti highlights the implications of trade disputes on renewable energy and the promotion of climate objectives. Addressing the specialized legal regimes of both climate and trade law, Promoting Renewable Energy will prove a valuable resource to students and scholars of environmental, trade, and energy law. International policy officers, legal practitioners and NGOs working on climate, trade and energy policies will also benefit from its examination of relevant legal frameworks.
This thoroughly revised second edition provides an up-to-date account of essential EU climate mitigation law, analysing an area that remains one of the most dynamic fields of EU law. Special attention is paid to the energy sector and to the impact of climate law on broader legal issues, such as energy network regulation and human rights. Written by leading scholars of EU climate law from the University of Groningen, the book addresses the relevant directives and regulations, examining their implementation and impact on current policy and academic debate. Chapters guide the reader through key topics including the EU emissions trading system, renewable energy consumption, and carbon capture and storage. Key features of the second edition include: A clear and accessible introduction to EU climate mitigation law Comprehensive coverage of the climate targets and instruments of the EU Special focus on the relationship between climate law and energy law New classroom questions to stimulate further discussion and debate Educational design based on reviews by climate law students and lecturers. Combining educational design and analytical accuracy, this book will be an indispensable guide for both students and professionals. It is highly recommended for courses on EU climate mitigation law, as well as climate law, energy law, environmental law and EU law.
This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The international law of fresh water is most comprehensively understood in the light of the different bodies of norms applicable to these varied uses and functions. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses. Yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. The book investigates the origin and scope of these bodies of norms as they apply to fresh water, and demonstrates how they connect and adapt to one another, forming an integrated body of international principles. This approach is accompanied by a detailed analysis of the practice of states and of international organizations, taking into account the activities of the many non-state actors involved in the treatment of fresh water.
Addressing one of the most pressing environmental issues, this topical book carefully inspects the current extent of the plastic pollution crisis and observes contemporary approaches to its regulation. By adopting a strong interdisciplinary approach, the book fully encapsulates the key challenges and solutions surrounding this globally applicable problem. Through critical analysis, this insightful book methodically identifies the faults in existing efforts to tackle the problem of plastic pollution such as often-fragmented regulation tactics, proposing potential approaches to policy reform. It utilises stakeholder analysis to offer a study of key participants such as governments and industries and comprehensively surveys the ongoing nature of this provocative issue. This comprehensive book will be crucial for students and scholars of law, economics, politics, and environmental studies endeavouring to further understand the multi dimensional issue of global plastic pollution. It will additionally be valuable for policy and decision-makers seeking to understand the challenges involved in environmental policy regulation.
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research. This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues. Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law's effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice. This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.
This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures. A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect. Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level.
Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers. Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law. Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book’s practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.
This thought-provoking Research Handbook offers a critical survey of the law and governance issues facing the world's oceans and coasts in this era of Anthropocentric climate change. It discusses the biophysical impacts that climate change is having upon our oceans and coasts, as well as the various ways that international, national and sub-national laws have sought to respond. With contributions from scientists and lawyers, this comprehensive Research Handbook provides cutting edge analysis of the marine governance responses to climate change and how this will need to adapt in a rapidly changing world. It reflects on the interaction of climate change with regional marine governance regimes and analyses the likely impacts on maritime and national security. Illustrating the up-to-date treatment of interactions between climate and oceans regimes, this incisive Research Handbook examines the possible adaptation options to address specific issues for our oceans and coasts. The Research Handbook on Climate Change, Oceans and Coasts will be a key resource for students, scholars and practitioners of climate change, water law and environmental law and policy, while also being of benefit to researchers in the cross-cutting fields of human rights and disaster law.
This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a 'right of place' is proposed and developed. The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.
Across the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass 'die-ins' and 'discobedience' theatrics in public spaces. Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the 'climate emergency', and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice. This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.
As numerous jurisdictions implement emissions mitigation mechanisms that put a price on carbon, this incisive book explores the emerging emissions markets and their diverse and fragmented nature. It proposes an innovative model for connecting such markets, offering a significantly more successful and expeditious achievement of climate policy objectives. Justin D. Macinante proposes distributed ledger technology to foster fluid markets that price carbon emissions more effectively, achieve greater scale and efficiency, and are less susceptible to manipulation. He investigates the applicable regulatory frameworks, technology design issues and governance structures for the model proposed for networking emissions trading schemes within the context of the Paris Agreement. Providing a plausible and viable mechanism to achieve desired policy outcomes with economic, political and environmental benefits, Effective Global Carbon Markets will be a key resource for practitioners, policy makers and consultants alike, as well as being of value to scholars and students engaged with environmental and energy law, climate change and environmental economics.
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.
Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.
This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries' safe operating space. The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform. Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries. |
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