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.

Enrolling over 30 million acres, the U.S. Conservation Reserve Program (CRP) is the largest conservation program in the United States. Under the guidelines of the CRP, the federal government pays farmers to stop farming their land in the hopes of achieving a variety of conservation goals, including the reduction of soil erosion, improvement of water quality, and creation of wildlife habitat. In Conserving Data, James T. Hamilton explores the role of information in the policy cycle as it relates to the CRP. The author asks how the creation and distribution of information about what is going on across these millions of enrolled acres has influenced the development of the program itself. Of the many CRP stakeholders, each accesses a different set of information about the CRP s operations. Regulators have developed the Environmental Benefits Index as a rough indicator of a field s conservation benefits and adopted that measure as a way to determine which lands should be granted conservation contracts. NGOs have used publicly available data from these contracts to show how CRP monies are allocated. Members of Congress have used oversight hearings and GAO reports to monitor the Farm Service Agency s conservation policy decisions. Reporters have localized the impact of the CRP by writing stories about increases in wildlife and hunting on CRP fields in their areas. Conserving Data brings together and analyzes these various streams of information, drawing upon original interviews with regulators, new data from Freedom of Information Act requests, and regulatory filings. Using the CRP as a launch point, Hamilton explores the role of information, including 'hidden information, ' in the design and implementation of regulatory policy

Following decades of vigorous economic expansion, Asia is confronting the environmental consequences of unfettered development. This poses a challenge because of the strong bias of prevailing cultural systems in the region toward the goal of lifting standards of living over achieving ecological sustainability. This book juxtaposes international environmental norms and practices with relevant Asian policies and their applications in key areas. environmental law-making, as well as the rights approach, against the emergence of democratic and human rights norms in the region. The complex relationship between trade and the environment is also discussed in light of the strong regional emphasis on economic growth, trade liberalization, and the aversion to conditionalities. Given regionalization processes in Asia-Pacific and elsewhere, this work seeks to establish to what extent such processes have led to the regionalization of international environmental law. some gaps can be identified between international imperatives and regional responses, Asian values have not proved to be an insurmountable barrier to the spread of international environmental legal ideas. On the whole, the region is responding to impulses emanating from the global arena rather than resisting them consciously. The analysis and conclusions of this comprehensive and original work will be of considerable interest to scholars of international law and relations, environmental policy, comparative culture, economic development, and social change.

As an environmental issue transcending national boundaries, the spread of toxic substances in the environment, with harmful consequences for ecosystems and human health, has become the focus of transnational regulatory efforts in a variety of international fora. In order to address the problems created by transboundary toxic movements a set of binding as well as non-binding norms are being developed at the European and international level. This book analyzes the development and effectiveness of transnational toxics law through two case studies: one dealing with the European regional regime for the control of toxic discharges in the aquatic environment and the other looking at the emerging global regime for the regulation of international trade in hazardous pesticides. It provides a comprehensive analysis of the legal and political framework in EC law for the reduction of inputs of hazardous substances in the marine and freshwater environment, and in regional agreements for the protection of the marine environment of the North Sea and Northeast Atlantic, Baltic Sea and Mediterranean. It also offers a critical account of the development of soft and hard law regulating exports of banned and severely restricted pesticides from industrialized to developing countries; from the resolutions of the United Nations Environment Programme and General Assembly in the late 1970s, to the signing of the Rotterdam Convention on the Prior Informed Consent Procedure in 1998. The author shows that international normative efforts in these two fields have proved much more productive in establishing procedural obligations for states than in laying down actual substantive standards to govern their conduct, and argues that transnational environmental law may be valued by governments more for its symbolic, value-expressive function, than for any real problem-solving capacity.

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.

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 report inventories and analyses the range of international laws that protect the environment during armed conflict. With a view to identifying the current gaps and weaknesses in this system, the authors examine the relevant provisions within four bodies of international law - environmental humanitarian (IHL), international criminal law (ICL), international environmental law (IEL), and international human rights law (HRL). The report concludes with twelve concrete recommendations on ways to strengthen this legal framework and its enforcement. The Environment and Natural Resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. There can be no durable peace if the natural resources that sustain livelihoods are damaged or destroyed. This report provides a basis upon which Member States can draw upon to clarify, expand and enforce international law on environmental protection in times of war.

The need to reassess the discourse of sustainable development in terms of equity and justice has grown rapidly in the last decade. This book explores renewed and distinctive approaches to the sustainability and justice debate, integrating a range of perspectives that include moral philosophy, sociology and law. By bringing together young and senior scholars from the field of global environmental law and governance from around the world, this work is divided into three sections, covering sustainable development and justice, sustainable development in context, and sustainable development and judiciaries. This book will appeal to academics, law practitioners and policy-makers interested in shaping future socio-legal research on global environmental law and governance.

Water is a unique and vital resource for which there is no substitute. There are seventy-one international river basins within Europe and approximately eighty-nine international aquifers shared among twenty-seven countries. The hydro-vulnerability of Europe is governed by the institutions created to resolve transboundary water issues in a cooperative manner that attempts to prevent potential conflict. This report provides a comprehensive assessment of the hydropolitical vulnerabilities and resiliencies of Europe's international waters, including detailed information on existing and forthcoming cooperative agreements. It aims to support informed policymaking and greater cooperation across the diverse, social, political and economic boundaries of this continent.

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.