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.

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.

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.

This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.

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

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.

When the oral history of a medicinal plant as a genetic resource is used to develop a blockbuster drug, how is the contribution of indigenous peoples recognized in research and commercialization? What other ethical, legal, and policy issues come into play? Is it accurate for countries to self-identify as users or providers of genetic resources? This edited collection, which focuses on Canada, is the result of research conducted in partnership with indigenous peoples in that country, where melting permafrost and new sea lanes have opened the region's biodiversity, underscoring Canada's status as a user and provider of genetic resources and associated indigenous knowledge. This work is an important resource for scholars, corporations, indigenous peoples, policymakers, and concerned citizens as Canada and other countries take on the implementation of Access and Benefit Sharing policies over genetic resources and associated indigenous knowledge. This book is also available as Open Access.

The goals of the National Environmental Policy Act are to declare a national environmental policy, provide federal agencies with action-forcing provisions intended to ensure that the goals of the policy are implemented, establish the Council on Environmental Quality (CEQ) to provide advice to the President on environmental matters and to monitor the state of the environment, and require the President to submit to Congress an annual report on the state of the environment. This book describes information on the number and type of NEPA analyses; costs and benefits of completing those analyses; and frequency and outcomes of related litigation.

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.

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]

Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond.

Climate change is increasingly recognized as a global threat, and is already contributing to record-breaking hurricanes and heat waves. To prevent the worst impacts, attention is now turning to climate engineering - the intentional large-scale modification of the environment to reduce the impact of climate change. The two principal methods involve removing some carbon dioxide from the atmosphere (which could consume huge amounts of land and money, and take a long period of time), and reducing the amount of solar radiation reaching the earth's surface, perhaps by spraying aerosols into the upper atmosphere from airplanes (which could be done quickly but is risky and highly controversial). This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally.

This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.

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.

This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.

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.

Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.

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.

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.

This book critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union's role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU's global regulatory power.