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.

In dieser Arbeit wird das Recht als Instrument zur Bewaltigung der Herausforderungen des Meeresspiegelanstiegs untersucht. Da sich die beiden exemplarisch ausgewahlten Lander in ihren Anpassungsstrategien und den entsprechenden rechtlichen Regelungen deutlich unterscheiden, stellt der Autor allgemeine Ideen vor, wie jeder rechtliche Rahmen, der vor ahnlichen Herausforderungen steht, verbessert werden koennte. Insbesondere werden (Hochwasser-)Risikobewertungen, Kustenschutz und hochwassersichere Bauweise sowie Raum- und Landnutzungsplanung, einschliesslich des kontrollierten Ruckzugs, diskutiert. Aufgrund der grundlichen Analyse ist dieses Buch nicht nur eine unverzichtbare Lekture fur politische Entscheidungstrager und Forscher, die sich fur den Kustenbereich interessieren, sondern fur die Anpassung an den Klimawandel im Allgemeinen, da viele allgemeine Erkenntnisse auf andere Auswirkungen ubertragbar sind.

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.

Das vorliegende Lehrbuch vermittelt Studierenden und Rechtspraktikern eine schnelle Orientierung und sichere Wege zur Loesung praxisnaher Falle im Umweltstrafrecht, dessen Bedeutung im Studium und in der Rechtspraxis rasant zunimmt. Die tiefgrundig behandelte Rechtsdogmatik wird anhand klarer Strukturen und zahlreicher Beispiele didaktisch aufbereitet.

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.

Der Autor nimmt eine Bestandsaufnahme und kritische Analyse volkerrechtlicher Instrumente und Regeln fur nationale und internationale Verfahren zur Beilegung von Konflikten uber grenzuberschreitende Umweltprobleme vor. Er setzt sich mit den besonderen Anforderungen auseinander, die der grenzuberschreitende Umweltschutz an die Streitbeilegung stellt, und untersucht eingehend die herkommlichen Methoden der friedlichen Streitbeilegung, innovative Methoden der Normdurchsetzung durch Non-Compliance Mechanismen und volkerrechtliche Regeln fur die Einbeziehung der betroffenen Personen, Unternehmen und Organisationen in nationale wie internationale Verfahren. Im Mittelpunkt der Analyse stehen zum einen der Umgang mit Konflikten, die gemeinsame Interessen der Staatengemeinschaft betreffen, und zum anderen Mechanismen, die den Interessenausgleich unmittelbar zwischen den Betroffenen ermoglichen."

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.

The World Ocean Assessment - or, to give its full title, The First Global Integrated Marine Assessment - is the outcome of the first cycle of the United Nations' Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects. The Assessment provides vital, scientifically-grounded bases for the consideration of ocean issues, including climate change, by governments, intergovernmental agencies, non-governmental agencies and all other stakeholders and policymakers involved in ocean affairs. Together with future assessments and related initiatives, it will support the implementation of the recently adopted 2030 Agenda for Sustainable Development, particularly its ocean-related goals. Moreover, it will also form an important reference text for marine science courses.

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.

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 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]

Written with passion for anyone interested in seeing an end to the illegal trade in elephant ivory and rhino horn, this book shows how, by working together, people all over the world who care about these animals are gradually bringing about change for the better. It takes an overview of how the current situation came to pass by exploring poaching and its devastating consequences and the pivotal role of organized crime. The discussion of how matters are starting to improve covers the investigation and monitoring of ivory markets, sustainable uses and the key role of local communities.Enforcement of the law is vital in this story. Enter the enforcers, the technology they use to defeat the poachers and the evidence they require to prosecute offenders. Cases, some deeply shocking, are included, as well as a number of fascinating case studies, while the exploits of organized crime gangs make lively, as well as disturbing reading. Throughout the message is clear. We can and must save these animals from extinction.

In Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states' practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.

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.

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively

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.

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.

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

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.