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.

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.

The recent Brexit debates present leaving the European Union largely as a threat to environmental protection, and to environmental law. This exciting and important new work argues that Brexit represents a real opportunity for environmental protection in the United Kingdom, freeing it from a pan-European framework not necessarily fit for UK domestic purposes. Central to the argument is the belief that environmental protection, in the United Kingdom, can most effectively be pursued through established domestic institutions, looking inwards at 'local' challenges and outwards at more global ones, all the while drawing on considerable historical experience. The book is designed to address rather than dismiss those concerns raised by environmental lawyers after the outcome of the referendum. Provocative and compelling, it offers an alternative vision of the UK environmental law framework outside of the European Union.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.

Climate and energy policy needs to be durable and flexible to be successful, but these two concepts often seem to be in opposition. One venerable institution where both ideas are apparent is the Clean Air Act, first passed by the United States Congress in 1963, with amendments in 1970 and 1990. The Act is a living institution that has been hugely successful in improving the environment. It has programs that reach across the entire economy, regulating various sectors and pollutants in different ways. This illuminating book examines these successes - and failures - with the aim to offer lessons for future climate and energy policymaking in the US at the federal and state level. It provides critical information to legislators, regulators, and scholars interested in understanding environmental policymaking.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

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.

This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Transboundary watercourses account for an estimated 60 per cent of global freshwater flow and support the livelihoods of hundreds of millions of people worldwide. Yet the indeterminate status of water rights in many international watercourses presents a problem and many attempts to resolve water rights issue have failed. Knowing how and where negotiations fail is essential if successful resolution is to be achieved. Muserref Yetim's important book seeks to illustrate a means to the peaceful resolution of natural resource based conflicts. Through a detailed study of the Tigris-Euphrates water conflict, involving Turkey, Syria and Iraq, countries of vital security interest to the world at large, the author clarifies the collective action dilemmas confronting Middle Eastern watercourses and reveals the bargaining bottlenecks where negotiations fail. She develops an original framework that explains bargaining failures and proposes conditions for creating a new property rights regime among watercourse states that offers a route to governing their shared water resources in ways that are politically, economically and environmentally sound. In almost all water scarce regions, international water resources are subject to intense unilateral exploitation in a highly competitive fashion. And as demand for freshwater continues to increase, through increasing urbanization and the continuing development of societies, so the issue of how such shared water resources can best be governed is becoming vitally important. Negotiating International Water Rights offers both a timely contribution to a matter of international concern and important insights into resource conflict in countries of vital security interest to the world at large.

Volume VI in the Critical Issues in Environmental Taxation series contains an interdisciplinary, selection of peer-reviewed papers written by international experts in the field. The volume contains nearly forty articles written by authors representing disciplines such as law, economics, accounting, taxation, environmental policy and political sciences. The articles were selected from papers presented at the Eighth Annual Global Conference on Environmental Taxation in October 2007 in Munich, Germany.
The book is clearly structured with the articles divided into parts and organized by topic. Part 1 it features analysis of the effect of environmental tax policies on innovation, technology, and competitiveness, Part 2 on implementation issues, Part 3 on issues relating to energy and innovation, Part 4 on land use, planning, and conservation and Part 5 closes with papers dealing with international approaches to environmental taxation that use market-based instruments.
The book and its sister volumes in the series are a unique and invaluable resource for anyone interested in the next generation of policy instruments for transitioning to sustainable economies.

The proliferation of environmental agreements is a defining feature of modern international relations that has attracted considerable academic attention. The cooperation literature focuses on stories of policy creation, and ignores issue areas where policy agreements are absent. Science and International Environmental Policy introduces nonregimes into the study of global governance, and compares successes with failures in the formation of environmental treaties. By exploring collective decisions not to cooperate, it explains why international institutions form but also why, when, and how they do not emerge. The book is a structured comparison of global policy responses to four ecological problems: deforestation, coral reefs degradation, ozone depletion, and acid rain. It explores the connection between knowledge and action in world politics by investigating the role of scientific information in environmental management. The study shows that different types of expert information play uneven roles in policymaking. Extensive analysis of multilateral scientific assessments, participatory observation of negotiations, and interviews with policymakers and scientists reveal that some kinds of information are critical requirements for policy creation while other types are less influential. Moreover, the state of knowledge on ecological problems is not a function of sociopolitical power. By disaggregating the concept of 'knowledge,' the book solves contradictions in previous theoretical work and offers a compelling account of the interplay between knowledge, interests, and power in global environmental politics.

This book juxtaposes international environmental norms and practiceswith relevant Asian policies and their applications in key areas. RodaMushkat examines the fundamental principle of public participation inenvironmental law-making, as well as the "rights approach,"against the emergence of democratic and human rights norms in theregion. The complex relationship between trade and the environment isalso discussed in light of the strong regional emphasis on economicgrowth, trade liberalization, and the aversion to conditionalities.Given regionalization processes in Asia-Pacific and elsewhere, thiswork seeks to establish to what extent such processes have led to theregionalization of international environmental law.

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.

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.

In the 1970s the world became aware of a huge danger: the destruction of the stratospheric ozone layer by CFCs escaping into the atmosphere, and the damage this could do to human health and the food chain. So great was the threat that by 1987 the UN had succeeded in coordinating an international treaty to phase out emissions; which, over the following 15 years has been implemented. It has been hailed as an outstanding success. It needed the participation of all the parties: governments, industry, scientists, campaigners, NGOs and the media, and is a model for future treaties. This volume provides the authoritative and comprehensive history of the whole process from the earliest warning signs to the present. It is an invaluable record for all those involved and a necessary reference for future negotiations to a wide range of scholars, students and professionals.

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.

This is one of the few books dealing with regime theory to be written from a legal point of view. Jurgielewicz's book is part of an effort to promote interdisciplinary research on the nature of the international legal order. Her work explores the concept of international regimes within the international legal order, utilizing the policy-oriented approach to international law. The study uses examples of global environmental change as models. By examining the general international law applicable to climate change and ozone layer depletion, the author attempts to explain the original need for regime formation in these areas. Next, Jurgielewicz looks at the role of regimes within international law, focusing on their formation, maintenance, source of legal obligation, and compliance mechanisms. The book concludes that regimes are present within the international legal order and play a vital role in maintaining that order. This book will appeal to students in law schools, graduate schools, or advanced undergraduate seminars covering international relations, international legal theory, international law, and international organizations.

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.

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.

In Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?, Christina Leb discusses how technology innovations disrupt the conventional methods of data and information exchange and the potential impact this may have on international water law. Cross-border data and information exchange is one of the most challenging issues for transboundary water management. Only a small number of treaties include direct obligations related to mutual data and information exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.