Since 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime - the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential - constitutes a poorly understood topic. Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states' climate finance obligations to date. The book will be of interest to scholars and students of international law and policy, international relations, and the maturing field of climate change law.

For the last few thousand years, humanity has struggled to achieve sustainable development. Gillespie sees the problem as multi-faceted: a three legged stool of economic, social, and environmental conundrums have stalled the quest for the long term viability of both our species and the ecosystems in which we reside. Gillespie moves from the low life expectancy, excessive deforestation, and wetland drainage of the medieval period, through the species loss, coal burning, free trade, and poor waste management of the seventeenth and eighteenth centuries, and to the more recent concerns of climate change, unsustainable fisheries, and chemical pollutants. By delivering a comprehensive examination of human survival over the past millennium, Gillespie illustrates that the challenges we face are not new - that we now have the means to counter them, is.

This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complimentary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

This book evaluates the global response to climate change from a cosmopolitan justice perspective. Going above and beyond existing studies, Dietzel neatly illustrates that climate justice theory can be used to normatively assess and compare both state (multilateral) and non-state (transnational) climate change governance - or, in other words, that theory and practice can be bridged. Investigating the role of states, cities, corporations, and non-governmental organisations in the post-Paris Agreement era, Dietzel provides fresh insight into the 'big picture' of climate change (mis)management and the injustices that come along with it. These insights allow her to make recommendations for change that should be of keen interest to climate justice scholars and climate governance practitioners alike.

The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.

Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the options for regulating activities on the extended continental shelf. Because the extended continental shelf lies below the high seas, the area poses unique legal challenges for coastal States that are different from those faced in respect of the shelf within 200 nautical miles. In addition, the United Nations Convention on the Law of the Sea imposes some specific obligations that coastal States must comply with in respect of the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimising the potential for conflict between flag and coastal States.

A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike.

Hailed in the Foreign Service Journal as "a landmark book that should command the attention of every serious student of American diplomacy, international environmental issues, or the art of negotiation," and cited in Nature for its "worthwhile insights on the harnessing of science and diplomacy," the first edition of Ozone Diplomacy offered an insider's view of the politics, economics, science, and diplomacy involved in creating the precedent-setting treaty to protect the Earth: the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer. The first edition ended with a discussion of the revisions to the protocol in 1990 and offered lessons for global diplomacy regarding the then just-maturing climate change issue. Now Richard Benedick--a principal architect and the chief U.S. negotiator of the historic treaty--expands the ozone story, bringing us to the eve of the tenth anniversary of the Montreal Protocol. He describes subsequent negotiations to deal with unexpected major scientific discoveries and important amendments adding new chemicals and accelerating the phaseout schedules. Implementing the revised treaty has forced the protocol's signatories to confront complex economic and political problems, including North-South financial and technology transfer issues, black markets for banned CFCs, revisionism, and industry's willingness and ability to develop new technologies and innovative substitutes. In his final chapter Benedick offers a new analysis applying the lessons of the ozone experience to ongoing climate change negotiations. Ozone Diplomacy has frequently been cited as the definitive book on the most successful environment treaty, and is essential reading for those concerned about the future of our planet.

This is the new paperback edition of the successful and well received hardback. The essays in this collection explore the links between the environment and human rights, and respond to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights.

International law is increasingly applied in the field of natural resources. This reflects the current and challenging problem of mankind, namely how should increasingly rare natural resources or commodities be explored and exploited. This collection draws on the experts in the field to explore questions such as mining and human rights; national resources and investment law; and authority over natural resources. Though asking probing questions from different sectors, each contribution keeps the big picture and the underlying conditions in mind to answer the collection’s research questions with one voice.

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Non-governmental organizations (NGOs) play an increasingly prominent role in addressing complex environmental issues such as climate change, persistent bio-accumulative pollutants, and the conservation of biodiversity. At the same time, the landscape in which they operate is changing rapidly. Markets, and direct engagement with industry, rather than traditional government regulation, are often the tools of choice for NGOs seeking to change corporate behavior today. Yet these new strategies are poorly understood-by business, academics, and NGOs themselves. How will NGOs choose which battles to fight, differentiate themselves from one another in order to attract membership and funding, and decide when to form alliances and when to work separately? In Good Cop/Bad Cop, Thomas P. Lyon brings together perspectives on environmental NGOs from leading social scientists, as well as leaders from within the NGO and corporate worlds, to assess the state of knowledge on the tactics and the effectiveness of environmental groups. Contributions from Greenpeace, Rainforest Action Network, the Environmental Defense Fund, and the World Wildlife Fund describe each organization s structure and key objectives, and present case studies that illustrate how each organization makes a difference, especially with regard to its strategies toward corporate engagement. To provide additional perspective, high-level executives from BP and Ford share their views on what causes these relationships between companies and NGOs to either succeed or fail. For students of the social sciences and NGO practitioners, this book takes an important step in addressing an urgent need for objective study of NGO operations and their effectiveness.

* The most comprehensive and accessible guide to environment and trade, with thorough coverage of WTO rulings and impacts* An easy-to-use and accessible tool for practitioners, civil society, academics, students, and policy-makers who work on environmentand/or trade issues.* Authored by world-leading authorities on environment and trade law from the Center for International Environmental Law (CIEL)International trade rules have significant impacts on environmental law and policy at the domestic, regional and global levels. In the WTO, dispute settlement tribunals are increasingly called to decide on environment-related questions.-Can members treat products differently based on environmental considerations?-Can members block the import of highly carcinogenic asbestos-containing products or genetically modified products crops? -Can members require labeling for "dolphin-friendly" tuna? This Guide, authored by five world leaders on international environmental and trade law at CIEL, is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyzes how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.

There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities - implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance - demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on: *whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; *whether PIL interventions in environmental matters enhance and spread the EU's environmental law policy, both inside and outside the EU *whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.