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.

'Government by the people, for the people, and of the people'? But the people, in one public opinion poll after another, reaffirm their avid support of protection of the environment. Fools they are, for their government is powered by special interests who reap massive profits from the exploitation of the environment and in turn contribute to the two large political parties supporting such essential functions as forty-million dollar inaugural balls. Critics say that the environment has no more chance then a snowball in hell. But then there is an EPA which exists anyway as a fig leaf for government leaders as well as to swing wildly at windmills. This book summarises the laws which the EPA is somehow supposed to administer.

This textbook provides a concise introduction for students with little or no legal background, to the role of law in environmental protection. It describes and explains law and legal systems, the concept of the environment, sources of environmental law and some of the techniques used in environmental law. Interdisciplinary in approach, the book explores some of the major connections between law and the disciplines of ethics, science, economics and politics.
Environment and Law offers a greater understanding of international and national environmental law and has case-studies from all over the world, including examples from UK, US and Australian law.

What has happened globally on the climate change issue? How have countries' positions differed over time, and why? How are problems and politics developing on an increasingly globalised planet, and can we find a solution? This book explores these questions and more, explaining the key underlying issues of the conflicts between international blocs. The negotiation history is systematically presented in five phases, demonstrating the evolution of decision-making. The book discusses the coalitions, actors and potential role of the judiciary, as well as human rights issues in addressing the climate change problem. It argues for a methodical solution through global law and constitutionalism, which could provide the quantum jump needed in addressing the problem of climate governance. This fascinating and accessible account will be a key resource for policymakers and NGOs, and also for researchers and graduate students in climate policy, geopolitics, climate change, environmental policy and law, and international relations.

Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

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

The world of climate politics is increasingly no longer confined to the activities of national governments and international negotiations. Critical to this transformation of the politics of climate change has been the emergence of new forms of transnational governance that cut across traditional state-based jurisdictions and operate across public and private divides. This book provides the first comprehensive, cutting-edge account of the world of transnational climate change governance. Co-authored by a team of the world's leading experts in the field and based on a survey of sixty case studies, the book traces the emergence, nature and consequences of this phenomenon, and assesses the implications for the field of global environmental politics. It will prove invaluable for researchers, graduate students and policy makers in climate change, political science, international relations, human geography, sociology and ecological economics.

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

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

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

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

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

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

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