The Conference on Codification of Environmental Law was organized on the occasion of the presentation of the Draft Decree on Environmental Policy to the Flemish government. The Draft Decree was prepared by the Interuniversity Commission for the Revision of Environmental Law in the Flemish Region. It codifies and revises environmental protection law and has, to a large extent, been influenced by EC Law. The conference provided a forum for the analysis of experiences and plans for codification in a number of EC Member States, the role of international law in the codification process and the essential procedural and substantive difficulties to be dealt with in codifying national environmental law. This book will be published in conjunction with the English version of the Draft Decree and its detailed analysis, a publication which has been sponsored by the Flemish government.

This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.

Almost every US water and wastewater utility must comply with US environmental protection regulations covering air emissions, hazardous materials and wastes, toxic substances, and other issues. This useful new book will help you avoid violations of US environmental law. The book addresses the safe handling, disposal, and storage of all regulated substances to be in compliance with the laws. The book tells you* Which environmental laws apply to your utility and when they apply* What the laws say and mean* Which US federal agencies are responsible for enforcement * What is required of your utility to comply with the laws* Which violations are most common with utilities Specially written for water and wastewater utilities, this book explains in clear, understandable language: * Air emissions* Hazardous materials* Hazardous wastes* Pesticides* Petroleum* Solid wastes* Storage tanks* Toxic substances* WastewaterFeatures to help you comply* Compliance Checklists list key compliance requirements of the regulation and recommended best management practices. * Example Activities tell you when the chapter would be applicable to your utility. * Common Regulatory Findings uncover common compliance issues and pitfalls. Includes CD-ROMAn included CD-ROM provides the Compliance Checklists that you can download and print. The CD also includes a printable "Dangerous Goods and Combustible Liquids Storage Compatibility Chart. FREE CHAPTER DOWNLOAD: Ch. 7 Toxic Substances.

Over the past five decades, the European Union (EU) has developed into the most legally and politically authoritative regional organization in the world, wielding significant influence across a wide range of issue areas. European Union and Environmental Governance focuses on the growing global role of EU environmental and sustainable development policies in Europe and around the world.

Written in a concise and accessible manner, this book introduces and examines the major European and global environmental issues, debates, and policies and provides a critical, evidence-based evaluation of the achievements and shortcomings to date in EU environmental and sustainability governance. Providing both an historical overview and a discussion of the major future legal, political and economic challenges to the realization of EU goals related to better environmental governance, the authors offer a comprehensive introduction to this key issue.

This book will be useful reading for students of global environmental politics, comparative environmental politics and policy, international organizations, European politics, and environmental studies.

This book is a practical guide to the international, EC, and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition - published by Sweet and Maxwell in 1997 - was very well received. Given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated, and much expanded second edition is timely. It covers the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters that deal specifically with new construction and decommissioning will be vital reading. Written by Stephen Tromans, one of the leading environmental law experts who has published widely in this field, the book will be of interest to environmental law practitioners, NGO's, and academics.

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of "the jewel in the crown," which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.

Most of the world s redundant ships are scrapped on the beaches of the Indian sub-continent, largely by hand. As well as cargo residues and wastes, ships contain high levels of hazardous materials that are released into the surrounding ecology when scrapped. The scrapping process is labour-intensive and largely manual; injuries and death are commonplace.

Ship breaking was a relatively obscure industry until the late 1990s. In just 12 years, action by environmental NGOs has led to the ratification of an international treaty targeting the extensive harm to human and environmental health arising from this heavy, polluting industry; it has also produced important case law.

Attempts to regulate the industry via the "Basel Convention" have resulted in a strong polarization of opinion as to its applicability and various international guidelines have also failed because of their voluntary nature. The adoption of the "Hong Kong Convention" in 2009 was a serious attempt to introduce international controls to this industry."

Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are and should be shaping the law of the sea. The discussion sets out the rules regulating passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing.
While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. This book argues that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

Generating waste is a human condition. There is, however, very little real knowledge about this important issue, as the mishandling of wastes threatens lives and the environment. Therefore, I strongly recommend Professor Gillespie's book, as it is an in-depth, extremely competent holistic overview of waste which covers both its management, and its economic impact. The language is accessible to all interested in these issues, and the book gives a unique insight into waste policy, with great attention to detail that showcases Gillespie's vast knowledge in all environmental matters.' - Malgosia Fitzmaurice, Queen Mary University of London, UK'Nature knows no waste, only humans do. The modern industrial world seems to have forgotten that natural and human systems are inextricably linked. Waste has been externalized causing huge environmental, economic and social costs. This book aims for reversing the trend. Taking a comparative and contextual perspective, Gillespie shows how smart policies can lead to minimizing waste and to creating material flows consistent with ecological flows. An important book, rich in detail, very accessible and with a powerful message.' - Klaus Bosselmann, University of Auckland, New Zealand From human waste to nuclear waste, the question of how we must manage what we no longer want, in terms of either recycling or disposal, is one of the most pressing issues in environmental law. Alexander Gillespie addresses the gaps in previous literature by incorporating economics, philosophy and the ideal of sustainable development in order to provide context to the surrounding legal and policy considerations for the management of waste. The book's premise is that all forms of waste are expanding exponentially, and are often of a hazardous nature. The author examines the size of the problem, considers how it is evolving, and assesses the legal and political implications. He then shows that existing solutions to reducing consumption and recycling are limited, and concludes by discussing potential ways forward. Students and scholars with an interest in environmental law at the national, regional and international level will find this book to be of use. The book will also be of interest to practitioners looking to solve the issues surrounding waste and recycling.

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

This book is based on presentations from the Conference ‘Arctic Marine Resource Governance’ held in Reykjavik Iceland in October 2015. The book is divided into four main themes: 1. Global management and institutions for Arctic marine resources 2. Resource stewards and users: local and indigenous co-management 3. Governance gaps in Arctic marine resource management and 4. Multi-scale, ecosystem-based, Arctic marine resource management’. The ecosystem changes underway in the Arctic region are expected to have significant impacts on living resources in both the short and long run, and current actions and policies adopted over such resource governance will have serious and ultimately irreversible consequences in the near and long terms.

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers' affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

This volume discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment.

Challenging views prevalent among Western and Polish scholars, this book explains Poland's surprising success in developing effective environmental and occupational regulatory systems while achieving remarkable socioeconomic growth, despite the toxic legacy of the Communist era. It offers rich insights into the questions of how one can achieve both economic growth and improved environmental and safety protection, and of the extent to which regulatory systems can be transferred across national and cultural boundaries. The authors develop a theoretical framework for assessing regulatory success, then use it to analyze Poland's recent experience. Grounded in five case studies of recently privatized firms, the analysis also presents a new survey of privately owned firms, extensive policy and data analysis, and interviews with key policy leaders, entrepreneurs, and intellectuals. The book points to case-specific decision making and information richness as key dimensions of an effective regulatory system and considers in depth the extent to which information richness is culturally dependent, and hence its portability as a policy tool. Addressing regulatory issues that are specific to both the United States and the international development community, the book makes a significant contribution to advancing the theoretical and conceptual frameworks used to explain the success, or lack of success, of regulatory systems.

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

The world needs to turn away from fossil fuels and use clean, renewable sources of energy as soon as we can. Failure to do so will cause catastrophic climate damage sooner than you might think, leading to loss of biodiversity and economic and political instability. But all is not lost! We still have time to save the planet without resorting to 'miracle' technologies. We need to wave goodbye to outdated technologies, such as natural gas and carbon capture, and repurpose the technologies that we already have at our disposal. We can use existing technologies to harness, store, and transmit energy from wind, water, and solar sources to ensure reliable electricity, heat supplies, and energy security. Find out what you can do to improve the health, climate, and economic state of our planet. Together, we can solve the climate crisis, eliminate air pollution and safely secure energy supplies for everyone.

The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

This reference work presents an analysis of the European legislative framework governing waste management and disposal. Waste legislation in the European Union member states derives in large measure directly from European Community directives and regulations. A thorough understanding of the applicable European law is therefore essential for all those involved in waste management and their legal advisers. The author provides a systematic description and analysis of the framework Directive on waste, general laws relating to civil liability, regulations of specific waste management operations (transboundary movements, transport, incineration, dumping and incineration and dumping at sea) and regulations specific to certain categories of waste (hazardous waste, PCB waste, waste oils, packaging, batteries, TiO2 waste, sewage sludge, animal waste and radioactive waste). It further considers the institutional framework and categories of legal measures that have shaped waste legislation, the basic legal principles arising from the Treaties and the political guidelines which lie at the basis of all current and planned regulations.

It is widely understood today that nothing is more urgently needed than international agreement on the scale, application, and enforcement of environmental law. This outstanding book - a major contribution to the debate - demonstrates that existing international judicial bodies have already taken giant steps toward overcoming the insufficiency of international law enforcement with standards, compliance mechanisms, and new law development in the field of environmental law. The author not only presents a detailed analysis of a wealth of relevant case law, but also outlines a model suggesting that a commitment to international judicial control can be used to contain deviance within acceptable limits, ensure harmonized interaction among regimes, and clarify the meaning and application of environmental norms. With pervasive attention to the differing demands of inter-State relations and State-individual relations, and of the varieties of 'soft' and 'hard' control, the book considers the ways in which the proposed judicial control could move powerfully toward minimizing damage in such legal environmental areas as the following: ‒ conservation of marine living resources; ‒ obligation not to cause transfrontier pollution harm; ‒ the human rights challenge to state sovereignty; ‒ equitable utilization of international watercourses; ‒ noise; and ‒ nuclear risk. Among the international judicial regimes examined are the GATT/WTO judiciaries, the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Justice, the European Court of Human Rights and other regional human rights courts and commissions, decisions of arbitral tribunals, the Montreal Protocol Non-Compliance Procedure, and the Human Rights Committee of the International Covenant on Civil and Political Rights. It is no exaggeration to say that the environment has taken centre stage in international affairs, and this book's provocative proposal cuts through the much-lamented ineffectiveness of international law where it matters most. In its clear-headed recommendations of practical ways to resolve ambiguities, confront recurrent non-compliance, and cure the absence and defects of applicable rules, it will be of immeasurable value to policymakers, practitioners and academics concerned with international environmental law.

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums - including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders' rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

This study is written for those who seek effective ways of controlling environmental pollution. Indeed, many developing and East European states look to the experience of the United States and Western Europe. The book does not, however, concentrate on any one system of control or control laws, but succeeds in introducing the exact nature of pollution problems and the variety of ways in which effective control and management have been achieved. Rather than advocate a ready-made system, lessons are drawn for example from the UK, USA, Sweden, Denmark, France, Germany and New Zealand, and instructive legislative samples are reproduced, the place of international obligations being clearly marked out. The wide-ranging comparative approach adopted renders this handbook yet more valuable, based as it is on the premise that a control system is better if it is built on existing institutional and legal structures. It should interest all who advise on environmental matters on a daily basis, particularly senior administrators, policy makers, institutions, legal advisers and researchers.

The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.