Examining the existing legal framework for ocean carbon dioxide removal (CDR), this forward-thinking book highlights potential legal challenges and opportunities associated with using the ocean to remove and store carbon dioxide from the atmosphere. It describes five commonly discussed ocean CDR techniques, including rock-based ocean alkalinity enhancement (OAE), electrochemical OAE, ocean fertilization, artificial upwelling and downwelling, and seaweed cultivation, and explores the legal issues that different techniques could raise. This timely book explores the laws governing ocean CDR research and deployment at the international level and domestically in seven countries across Asia, Europe, and North America. The analysis highlights the complexities and uncertainties associated with applying existing international and domestic law to ocean CDR, providing lawyers and policymakers with invaluable insights into areas where legal reforms are needed to facilitate in-ocean research and deployment. This book is essential reading for lawyers, policymakers, and others interested in advancing innovative climate change solutions. It will also appeal to academic and private sector scientists who are conducting research into ocean CDR.

Foreword by Tony Press and Foreword by Bernie Funston'As climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.' - Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic 'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance - whether through the Antarctic Treaty System or the Arctic Council - if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.' - Gillian Triggs, Australian Human Rights Commission This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges. Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene. Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. Wright

The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.' - Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.' - Malgosia Fitzmaurice, Queen Mary University of London Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia. This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law. Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

* An enormous contribution to the understanding of climate negotiations - the most complex and challenging international regime to date* Explains how governments need to organize ever more demanding multilateral negotiations successfully* Essential reading for those involved in climate negotiations and in planning or participating in other high-level negotiationsThe global negotiations over climate change involved over 180 countries and innumerable observers and other participants, addressing enormously complex and economically vital issues with conflicting agendas. For the UN to create an effective and well-supported international regime required enormous and very skilful organization. Using the metaphor of a theatrical production, this book shows how this was accomplished to produce the UN Framework Convention on Climate Change, the Kyoto Protocol and the subsequent Bonn and Marrakesh Accords. The author draws out the lessons and implications for other intricate and far-reaching negotiations, not all of which have succeeded so far, such as the WTO trade negotiations at Seattle and Cancun. She identifies six key elements that determine organizational effectiveness as a necessary condition for successful outcomes.

Emission trading schemes have become instruments of choice in climate change policy across many jurisdictions, and this has led to massive experimentation across very different contexts. The scale and urgency of the climate change problem and the real-life complexity of emission trading schemes combine to make high quality, detailed studies necessary, important, and sometimes fascinating. This book scores on all these fronts. By putting practical implementations within a sound theoretical framework, it will be of value both for seasoned and not so seasoned scholars and policymakers.' - Javier de Cendra de Larragan, IE Law School, SpainEmissions trading is becoming an increasingly popular policy instrument with growing diversity in design. This book examines emissions trading design, emissions trading implementation problems and how to address them. In an easily accessible way, the book examines advantages and disadvantages of emissions trading and presents policy considerations that designers should not neglect. Stefan Weishaar reviews the main implementation challenges emissions trading faces and assesses how they can be addressed in an effective, efficient and acceptable way. By reviewing existing and emerging emissions trading systems around the world, the book describes why emissions trading systems are used in an environmental policy mix, how an emissions trading system can be designed, what special design issues should be duly considered, and with whom emissions trading systems can be linked. Written from both a legal and an economic perspective, this book will appeal to academic researchers and postgraduate students in environmental law and policy, and those focused on energy and climate change issues. It will also be essential reading for policymakers, managers and consultants working in this field. Contents: 1. Introduction 2. Emission Trading and Alternative Instruments 3. Design Variants of Emissions Trading 4. Real-life Applications of Emissions Trading Systems 5. Implementation Issue 1: Initial Allocation of Emission Rights 6. Implementation Issues 2: Secondary Market for Emissions Rights 7. Implementation Issue 3: Operational Aspects of Emission Rights 8. Implementation Issue 4: Lawsuits Following from Emissions Trading 9. Linking Emissions Trading Schemes 10. Concluding Remarks References Index

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommendations for change.

This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues. Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. Wright

From soil degradation and biodiversity loss to the coexistence of malnutrition and obesity, many of the largest challenges facing humanity today are underpinned by food and agriculture systems. In order to alleviate and resolve them, global governance of food and agriculture needs to be reformed. Unravelling the array of international regulatory instruments, this timely book provides the first systematic analysis of the international law surrounding food systems. International Agricultural Law and Policy provides a systems-based analysis of the rules that intersect with the physical elements of agriculture against a framework of commonly held norms. The author conducts a comprehensive examination not only of the rules, but also the implementation and broader socioeconomic, scientific and political context. By, exploring and clarifying the relationship between food security and the right to food and sustainability, Johnson closes the gap between the disparate international rules that govern food and agriculture, while exploring the practical implications of these overlapping regimes. This unique book is an invaluable resource for lawyers and social scientists working within food and agriculture systems and their governance and lays the much-needed groundwork for future research. For policy makers in the food and agricultural space, this book provides a wide-ranging and innovative analysis of the global regulatory landscape that influences law and policy processes.

The doctrine of Direct Effect is an issue of importance to all those concerned with, or affected by the implementation of European Union directives. The doctrine of Direct Effect bestows responsibility for the implementation of directives on individual regulators, even if the member state itself has not made full arrangements for implementation. This text considers the doctrine with particular regard to the regulation of the discharge of dangerous substances to the aquatic environment in England and Wales. It contains an analysis of the evolution, applications and implications of Direct Effect.;A range of cases are studied, allowing the reader to realize the scope of this important doctrine. This book explores an area of European Law that should be understood by all those involved in the regulation of the discharge of dangerous substances.

This Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material. The Research Review discusses articles that cover international dimensions, including principles, substantive areas of regulation and implementation techniques as well as the European dimensions broadly understood, including EU law and other regional approaches (the UNECE) and distinguishing sector-specific and transversal regulation. It also looks at the transnational, comparative and domestic dimensions and major questions arising from selected English-speaking jurisdictions. Edited by two recognised experts in the field, this research review will provide a solid foundation for the study of environmental and energy law.

We live in unprecedented times - the Anthropocene - defined by far-reaching human impacts on the natural systems that underpin civilisation. Planetary Health explores the many environmental changes that threaten to undermine progress in human health, and explains how these changes affect health outcomes, from pandemics to infectious diseases to mental health, from chronic diseases to injuries. It shows how people can adapt to those changes that are now unavoidable, through actions that both improve health and safeguard the environment. But humanity must do more than just adapt: we need transformative changes across many sectors - energy, housing, transport, food, and health care. The book discusses specific policies, technologies, and interventions to achieve the change required, and explains how these can be implemented. It presents the evidence, builds hope in our common future, and aims to motivate action by everyone, from the general public to policymakers to health practitioners.

Transboundary Pollution: Evolving Issues of International Law and Policy provides a comprehensive and perceptive overview of the legal principles that govern pollution internationally and explores the utilization of these principles in practice.Legal principles regarding State responsibility for transboundary pollution are well settled in international law. At issue is how these principles are applied and what mechanisms are developed to regulate specific types of transboundary pollution, including pollution of the marine environment and shared water resources, nuclear pollution and air pollution. Expert contributors come together in this book to discuss all major aspects of transboundary pollution and the practical application of the State responsibility doctrine. Empirical studies of European, Asian and Southeast Asian countries demonstrate regional perspectives of how international law and policy governing transboundary pollution translates into practice. Academics, students and practitioners alike will benefit from the perceptive and discerning insight the book presents into this important issue within international law, environmental law and public policy. Contributors: R. Beckman, A. Boyle, H.C. Bugge, G. Handl, L. Hua, S. Jayakumar, T. Koh, Y. Lyons, S.C. McCaffrey, J. Peel, H.D. Phan, C. Redgwell, N.A. Robinson, L.M. Syarif, A.K-.J.Tan, S. Tay

The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field. This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. Ziganshina

Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China's pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China's environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.

This contemporary textbook and manual for aspiring or new environmental managers provides the theory and practical examples needed to understand current environmental issues and trends. Each chapter explains the specific skills and concepts needed for today's successful environmental manager, and provides skill development exercises that allow students to relate theory to practice in the profession. Readers will obtain an understanding not only of the field, but also of how professional accountability, evolving science, social equity, and politics affect their work. This foundational textbook provides the scaffolds to allow students to understand the environmental regulatory infrastructure, and how to create partnerships to solve environmental problems ethically and implement successful environmental programs.

Climate change has thrust us into a ''no-analog'' future in which climate disasters threaten to cause extraordinary damage, with little precedent to guide policymakers and private actors. Addressing such risks requires a firm grounding in disaster risk reduction, climate change policy, and environmental law. This Research Handbook provides readers with that integrated foundation, investigating topics in international law as well as domestic programs from countries around the world. Because climate disasters affect both government and non-government actors, the Research Handbook covers issues of both public and private law. We know from the scientific literature and recent experience that the laws addressing natural disasters are insufficient to confront disasters amplified by climate change. The Research Handbook acknowledges that the majority of disasters are susceptible in some way to changes in the earth's climate and explores the barriers to, and opportunities for, finding legal solutions to the risks posed by such disasters. It shows that climate change must be considered in order to fully understand disaster risk and the respective legal and policy responses. The Research Handbook also emphasizes the moral responsibility we have to move as quickly as possible to create a carbon-free economy. This work will be of great appeal to legal scholars, practitioners, and policymakers who are interested in environmental law or climate change as it relates to international and domestic law and policy. Contributors include: C.A. Arnold, C. Bakker, M. Burkett, S. Donald, J.D. Echeverria, D.A. Farber, M. Faure, M.B. Gerrard, Q. He, R. Kundis Craig, S. Kuo, D.A. Kysar, R. Lyster, T. Parejo-Navajas, J. Peel, L. Rajamani, S. Shapiro, T. Stephens, L.G. Sun, K. Tracy, R.R.M. Verchick, J. Verschuuren

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners. Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. Stafford

Forests are important for their own values as ecosystems and for their contributions to the welfare of humankind. Dr. Rowena Maguire's book is a significant contribution to our understanding of the extent to which forests can be and indeed are, managed sustainably. It brings together clearly and authoritatively the doctrinal concepts supporting sustainable forest governance from rights of sovereignty and property through public and private sector regulatory mechanisms to the increasing use of market arrangements. This detailed analysis is set, among others, in the context of climate change. It is an impressive and substantial contribution to what has so far been a relatively limited literature on how an important natural resource is managed.' - Douglas Fisher, Queensland University of Technology, Australia'Sustainable forest management is an attractive concept used in this book to frame the interdisciplinary and contextualized study of the role of a range of actors, institutions and regimes which contribute to regulating the use of forests around the world. This book effectively provides an important, broad and legal critique and assessment of transnational trends, structures and innovations currently in use for managing forests. Its conclusions provide wide ranging insights that not only clarify and critique the potential of existing strategies and trends for legally managing forests but for governance of cosystems more generally as humanity gradually acknowledges its role in the anthropocene.' - Afshin Akhtarkhavari, Griffith University, Australia Global Forest Governance provides insightful legal analysis of the current key policy trends and the challenges surrounding international forest regulation. This book identifies the fundamental legal principles and the governance requirements of sustainable forest management. An analytical model for assessing forest regulation is created which identifies the doctrinal concepts that underpin forest regulation (justice, property, sovereignty and governance). It also highlights the dominant public international institutions involved in forest regulation (UNFF, UNFCCC and WB) which is followed by analysis of non-state international forest regulation (forest certification and ecosystem markets). The book concludes by making a number of practical recommendations for reform of global forest governance arrangements and suggested reforms for individual international forest institutions. This book will appeal to academics, policymakers, international environmental researchers, government officials involved in forest regulation and environmental regulation more broadly.

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability. Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragan, A. de Garay Sanchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. Gonzalez, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.' - David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group 'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal 'owners' of our planet's common natural resources, but mere 'trustees' on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.' - Peter H. Sand, University of Munich, Germany The predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance. Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons. This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.

Provides a comprehensive overview of Legal Instruments for Biodiversity Beyond National Jurisdiction, an important development in international law.

Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.

Environmental conflicts over sustainability, environmental impact assessment (EIA), biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR) and reframes the role of law and science. This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts for environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts, and will be valuable to environmental professionals. The book also promotes the use of Indigenous traditional knowledge for resolving conflicts over sustainability, biodiversity and the EIA process. The book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is an issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will of course be of great interest to academics and researchers of environmental studies and environmental law. It will also appeal to the Indigenous community, environmental groups and local communities who are seeking more direct and effective inputs into finding sustainable solutions for environmental conflicts.

This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies. Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang