Today, more than ever before, there is considerable concern about the deterioration of the environment arising from environmental pollution - water, air, noise, radiation and others. For, such pollution has a huge adverse impact on human health, and the hazards it poses are too numerous. There is also a felt-need for environmental protection and management and effective implementation of environmental laws. This comprehensive book, authored by Prof. Sengar, an eminent academic, with his wealth of experience in various areas of environmental law and management, brings these issues into sharp focus.The book highlights problems such as public health and safety, right to carry on trade vis-a-vis duty to protect environment, right to information about hazardous installations, right to clean environment, and ecological balance for sustainable development. It stresses the need for striking a balance between environment and development to bring about sustainable development. Finally, the text shows how important it is to formulate a legal framework for environmental protection.While giving a broad conceptual overview of environmental law, the text explains the major environmental laws, examines the relevant provisions, and traces the origin of constitutional support to environmental protection. It refers to all leading cases on environmental law and highlights the role of judiciary on entertaining as well as restraining public interest litigations (PILs) to stop environmental violations. It provides appendices containing various environmental laws. The accompanying CD-ROM contains text of all relevant environmental laws - both general and specific - to help readers have access to those laws instantly.Primarily intended as a text for students of law (LL.B./BA LL.B./LL.M., MBL) and management (MBA), the book should also prove to be an excellent reference for academics, lawyers, judges, environmental activists, environmental managers and corporates concerned with environmental protection.

The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.

'Conflict and Cooperation on South Asia's International Rivers' traces the development of international water law. This book focuses on the hydro-politics of four countries in the South Asia region: Bangladesh, India, Nepal, and Pakistan. It analyzes the problems that these countries have encountered as riparians of international rivers and how they have addressed these problems. In particular, this study reviews the treaty regimes governing the Indus River basin, the Ganges River basin, and the Kosi, Gandaki, and Mahakali river basins. Each of these regimes is described in-depth, with special attention devoted to the main problems each of these treaties sought to address. The authors also review the treaty experience and offer observations on bilateralism and multilateralism.

International law has become the key arena for protecting the global environment. Since the 1970s, literally hundreds of international treaties, protocols, conventions, and rules under customary law have been enacted to deal with such problems as global warming, biodiversity loss, and toxic pollution. Proponents of the legal approach to environmental protection have already achieved significant successes in such areas as saving endangered species, reducing pollution, and cleaning up whole regions, but skeptics point to ongoing environmental degradation to argue that international law is an ineffective tool for protecting the global environment.

In this book, Joseph DiMento reviews the record of international efforts to use law to make our planet more livable. He looks at how law has been used successfully--often in highly innovative ways--to influence the environmental actions of governments, multinational corporations, and individuals. And he also assesses the failures of international law in order to make policy recommendations that could increase the effectiveness of environmental law. He concludes that a "supranational model" is not the preferred way to influence the actions of sovereign nations and that international environmental law has been and must continue to be a laboratory to test approaches to lawmaking and implementation for the global community.

Blending scientific and legal expertise, Kunich proves that a devastating ecological crisis is imminent or even underway already, and that conservation law has yet to catch up with biological science. He challenges readers with a hotspots wager, arguing that he have vastly more to gain than lose by legally protecting biological hotspots, and that foregoing them in favor of the relatively minor and immediate returns arising from their devastation is both foolish and, ultimately, dangerous.

Legal thought lags behind modern science in focusing on and setting priorities for global conservation. An extinction spasm is imminent, many scientists argue, due to the ongoing global devastation of biological hotspots, home to a disproportionate share of all life forms, including perhaps millions of unknown species. These hotspots have already lost 88 percent of their primary vegetation and are likely to lose much more, yet few legal measures exist to protect them. Environmental legal protections are often incomprehensive and feebly enforced. Even worse, 62 percent of all hotspots are unprotected. Kunich provides a brief history and science of extinction. He discusses the importance of saving species from extinction and analyzes the legal measures directed toward preserving biodiversity in nations that harbor hotspots.

This work provides a detailed analysis of international environmental legal principles and concepts, as well as public policy criteria of direct relevance to Multilateral Development Bank (MDB) operations in developing member countries. The study describes the international legal and public policy underpinning MDB's pursuit of sustainable development as a strategic development objective which is key not only to the quality of life of inhabitants of the countries concerned, but also to global economic prosperity. The bulk of legal rules, standards and guidelines, as well as of public policy notions, are reduced in this volume to a set of operationally meaningful principles and concepts for multilateral development banking. The book draws from a vast range of source materials and extends from international conventional law (multilateral, bilateral), customary legal principles, Agenda 21 and other formally non-binding instruments or documents, to practices and standards of international financial institutions. The issues addressed include accountability and empowerment (which include access to information, environmental impact assessment, and public participation); the social impact of MDB operations (such as involuntary resettlement, treatment of indigenous populations); the effectiveness of environmental protection measures (such as environmental monitoring and environmental audits); and the impact on certain environmental resources. This overview of the environmental policy objectives and criteria applicable to multilateral development banking should be welcomed by policy-makers, environmentalists, lawyers, scholars, stakeholders in development projects, and many others.

After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO,the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consquence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.

The global commons - the oceans, Antarctica, outer space and the atmosphere - are critical to the survival of human kind. Yet, they are, by definition, beyond the control of any government. How, then, can the governments of some 180 or more sovereign states co-operate effectively to protect and sustain the often fragile environment of the commons? This book develops and applies the tools of regime analysis to the question of how the various global commons are, or fail to be, governed effectively. The new edition has been extensively re-written and expanded to take into account recent developments and includes a new conclusion on the connections between global and local commons. Involving the first systematic comparative analysis of governance regimes The Global Commons covers:

• The Third Law of the Sea Convention, the deep seabed, whaling and marine pollution regimes
• Antarctica and the Madrid Protocol on Environmental Protection
• Outer space regimes for weapons, the operation of satellites and the emerging problem of orbital debris
• The global atmosphere, the Montreal Protocol for the protection of the stratospheric ozone layer and the developing climate change regime and the Kyoto Protocol

At the October 1996 meeting of the Section on Business Law of the International Bar Asscoaition, Committee J presented a programme on environmental issues in insolvency proceedings. The success of the programme encouragd the participants to expand their papers into this volume, which offers an up-to-date current analysis of the treatment of environmental issues in bankruptcy and insolvency proceedings in six jurisdictions: Canada, Denmark, Germany, Spain, the United Kingdom, and the United States. Each of the contributors outlines the environmental concerns and legal issues within their jurisdiction, and addresses the insolvency issues that arise and the impact of environmental concerns. The text also includes insights from a major international bank - Bank of Nova Scotia - into the handling of international credits where environmental concerns are raised in insolvency proceedings.

The number, intensity, and impact of diverse forms of 'natural' and 'human-made' disasters are increasing. In response, the international community has shifted its primary focus away from disaster response to prevention and improved preparedness. The current globally agreed upon roadmap is the ambitious Sendai Framework for Disaster Risk Reduction 2015-2030, central to which is the better understanding of disaster risk management and mitigation. Sendai also urges innovative implementation, especially multi-sectoral and multi-hazard coherence. Yet the law sector itself remains relatively under-developed, including a paucity of supporting 'DRR law' scholarship and minimal cross-sectoral engagement. Commonly, this is attributable to limited understanding by other sectors about law's dynamic potential as a tool of disaster risk mitigation, despite the availability of many risk-related norms across a broad spectrum of legal regimes. This unique, timely Handbook brings together global and multi-sector perspectives on one of the most pressing policy issues of our time.

The United States has been experiencing an energy transition for over four decades, and now - thanks to the Clean Power Plan of the Obama Administration and the Paris climate agreement - a clean energy future is moving closer to reality. In Clean Power Politics, Joseph Tomain describes how clean energy policies have been developed and, more importantly, what's necessary for a successful transition to a clean energy future, including technological innovation, new business models, and regulatory reforms. The energy system of the future will minimize the environmental costs of traditional energy production and consumption, and emphasize expanded use of natural resources and energy efficiency. Because many new energy technologies can be produced and consumed at smaller scales, they will shift decision-making power away from traditional utilities and empower consumers to make energy choices about consumption and price. In this way, a clean energy future embodies a democratization of energy.

Coined barely two decades ago, the Anthropocene has become one of the most influential and controversial terms in environmental policy. Yet it remains an ambivalent and contested formulation, giving rise to a multitude of unexpected, and often uncomfortable, conversations. This book traces in detail a broad variety of such 'Anthropocene encounters': in science, philosophy and literary fiction. It asks what it means to 'think green' in a time when nature no longer offers a stable backdrop to political analysis. Do familiar political categories and concepts, such as democracy, justice, power and time, hold when confronted with a world radically transformed by humans? The book responds by inviting more radical political thought, plural forms of engagement, and extended ethical commitments, making it a fascinating and timely volume for graduate students and researchers working in earth system governance, environmental politics and studies of the Anthropocene. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

A large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analyses the various intentions of TER regulators, TER's governance principles and compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability.

The development of modern international environmental law has been one of the most remarkable exercises in international law-making. Although far more law and policy exists in this area than a quarter of a century ago, the global environment is in a much worse state: challenges remain in relation to the poor health of the oceans, climate change, the growing loss of biodiversity and ecosystems, and the other effects of human mismanagement of our global ecosystem, including global pandemics. As conservation of the environment plays an increasingly important role within society, Birnie, Boyle, and Redgwell's International Law and the Environment continues to be an essential read for students and practitioners alike. Written by experts in the field Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of the text, while remaining rooted in the substantive law. The authors employ sharp and thorough analysis of the law, allowing them to share their extensive knowledge and experience with the reader. They provide a unique perspective on the implications of international regulation, promoting a wider understanding of the pertinent issues impacting upon the law. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats. - The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is a no brainer. Few people would actively argue for pollution or environmental destruction. Ensuring a clean environment is ethically desirable, and also sensible from a purely self-interested perspective. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Whilst environmental law is often characterized in overly simplistic terms, with a law being seen as be a magic wand that solves an environmental problem, the reality is that creating and maintaining a body of laws to address and avoid problems is not easy, and involves legislators, courts, regulators and communities. This Very Short Introduction provides an overview of the main features of environmental law, and discusses how environmental law deals with multiple interests, socio-political conflicts, and the limits of knowledge about the environment. Showing how interdependent societies across the world have developed robust and legitimate bodies of law to address environmental problems, Elizabeth Fisher discusses some of the major issues involved in environmental law's: nation statehood, power, the reframing role of law, the need to ensure real environmental improvements, and environmental justice. As Fisher explains, environmental law is, and will always be, necessary but inherently controversial. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

This fully updated second edition of Corporate Accountability in International Environmental Law examines systematically all international sources of corporate accountability standards with specific reference to environmental protection, and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing practice points to the emergence and consolidation of international legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The role of international organizations who, in the absence of State intervention, identify and promote the application of selected international environmental standards is analyzed in depth. This analysis demonstrates how these international organizations are a driving force in establishing and operationalizing international standards for corporate environmental accountability. The new edition includes a recent assessment of the Rio+20 Summit, analysis of the UN Framework on Business and Human Rights, and the 2012 Performance Standards. It contains a discussion on the role of 'fair and equitable benefit-sharing' under the Convention on Biological Diversity and international human rights law, and analysis of the monitoring practice of the UN Special Rapporteur on Indigenous Peoples' Rights. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

In 1962, Rachel Carson's Silent Spring sounded an alarm: the natural environment is being dangerously degraded because of human activity. Ever since, environmental protection has been a major societal concern. A robust system of environmental laws has emerged in the United States, commercial activities are increasingly scrutinized for their environmental impact, and communities around the world are becoming aware of the environment as a global issue requiring international attention. The most important evidence comes from the environment itself: the planet is warming, water supplies are at risk, ecosystems are under stress, and species are being lost at an unprecedented rate. Environmental Protection: What Everyone Needs to Know (R) provides accessible information that will help readers navigate this complex and highly relevant subject. It gives background information on the origins and development of environmental protection; introductions to the main elements of environmental protection with concrete examples; the context for understanding current issues; definitions of key terms; scientific, legal, and economic underpinnings; and discussion of hot-button current issues from nanopollution to climate change. The reader will gain familiarity with phenomena like biodiversity, the greenhouse effect, fugitive emissions, and algal blooms while learning about the impact of landmark policy initiatives like the Clean Air Act, the Endangered Species Act, the Kyoto Protocol, and the Paris Agreement.

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers, and academics.

Despite a growing interest in critical social and political studies of climate change, the field remains fragmented and diffuse. This is the first volume to collect this body of scholarship, providing a key reference point in the growing debate about climate change across the social sciences. The book provides a new set of insights into the ways in which climate change is creating new forms of social order, and the ways in which they are structured through the workings of rationality, power and politics. Governing the Climate is invaluable for three main audiences: social science researchers and advanced students in the field of climate change; the wider research community interested in global environmental politics and global environmental governance; and policy makers and researchers concerned more broadly with environmental politics at international, national and local levels.

This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments-including regulators, policymakers and lawmakers-as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law-safety, security, safeguards and nuclear liability-and the interaction of nuclear law with other fields of national and international law.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.

Environmental law envisions ecological systems as existing in an equilibrium state, or a balance of nature, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, resilience theory, which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Guiding you through each step, Statutory Nuisance takes you from initial assessment of a potential nuisance, through document drafting to the magistrates' court and beyond to the higher courts. Clear, readable and user friendly this book provides lucid explanation, practical guidance and the primary materials needed in court - all in one handy volume. Accessible to the layman, yet illuminating to the experienced practitioner, this title expresses a view on the issues not yet resolved by the courts. The new 4th edition covers the significant legislative changes such as: - The Anti-Social Behaviour, Crime and Policing Act 2014 - Coventry v Lawrence [2014] - Lorna Grace Peires v Bickerton Aerodromes Ltd [2016] - Forster v The Secretary of State for Communities and Local Government [2016] - Cocking v Eacott [2016]