This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.

This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.' - Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, The NetherlandsJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law. Peter Lawrence uses an interdisciplinary approach, involving discourse theory, international relations theory, and philosophical concepts of ethics and justice to inform discussion of international law. Recent political science theories are used to show why the current global climate change treaties are so weak in addressing intergenerational justice concerns. The book draws on contemporary theories of justice to develop a number of principles used to critique the existing global climate change treaties. These principles are also used as a blueprint for suggestions on how to develop a much-needed global treaty on climate change. The approach is pragmatic in that the justice-ethics argument rests on widely shared values. Moreover, the book is informed by the author's extensive experience in the negotiation of global environmental treaties as an Australian diplomat. With its interdisciplinary approach and focus on intergenerational justice, this detailed study will be of particular interest to academics and policymakers in international environmental law and climate law, as well as to those in international law with an interest in ethics and justice issues. Contents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward - Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index

Written by an award-winning historian of science and technology, Planet in Peril describes the top four mega-dangers facing humankind - climate change, nukes, pandemics, and artificial intelligence. It outlines the solutions that have been tried, and analyzes why they have thus far fallen short. These four existential dangers present a special kind of challenge that urgently requires planet-level responses, yet today's international institutions have so far failed to meet this need. The book lays out a realistic pathway for gradually modifying the United Nations over the coming century so that it can become more effective at coordinating global solutions to humanity's problems. Neither optimistic nor pessimistic, but pragmatic and constructive, the book explores how to move past ideological polarization and global political fragmentation. Unafraid to take intellectual risks, Planet in Peril sketches a plausible roadmap toward a safer, more democratic future for us all.

This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.

The Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing upon law, economics and, at times, political science, to present relevant research strands in a clear and multifaceted way. Its comprehensive mix of theoretical analysis and experiences from existing trading systems offers insights that can be applied around the world. The expert contributors bring together views from different disciplinary and geographic perspectives. This multifaceted examination of economic and legal origins, implementation problems and the emerging international aspect of emissions trading identifies key bodies of research for both upcoming and seasoned academics in the field and highlights future research opportunities. Its broad and accessible approach touches on climate law, environmental law and environmental governance. This Research Handbook will appeal strongly to academics and postgraduate students, as well as providing valuable insights for regulators, government officials and practitioners who are involved in emissions trading. Contributors include: H. Chen, D.H. Cole, C. de Perthuis, A.F. Gubina, F. Gulli, B. Hinterman, K. Holzer, C. Kettner, E. Kosolapova, A. Nentjes, K. Nield, M. Peeters, R. Pereira, K.S. Rogge, R. Trotignon, A. Tuerk, J. van Zeben

This book is the most updated and comprehensive look at efforts to protect the Amazon, home to half of the world's remaining tropical forests. In the past five years, the Basin's countries have become the cutting edge of environmental enforcement through formation of constitutional protections, military operations, stringent laws, police forces, judicial procedures and societal efforts that together break through barriers that have long restrained decisive action. Even such advances, though, struggle to curb devastation by oil extraction, mining, logging, dams, pollution, and other forms of ecocide. In every country, environmental protection is crippled by politics, bureaucracy, unclear laws, untrained officials, small budgets, regional rivalries, inter-ministerial competition, collusion with criminals, and the global demand for oils and minerals. Countries are better at creating environmental agencies, that is, than making sure that they work. This book explains why, with country studies written by those on the front lines-from national enforcement directors to biologists and activists.

With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges.This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events.

Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently "similar" developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.

This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.

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.

This work presents an analysis and commentary on the 1992 United Nations Convention on Biological Diversity, which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention was an international treaty which addressed all aspects of biodiversity, ranging from the conservation of biological diversity and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyzes the controversial issue of intellectual property rights, the problems of implementation in the EU, differences between developing and developed states, and the role of indigenous people. This work was written by members of the Committee on Environmental Law of the British branch of the International Law Association, following an earlier study of International Law and Global Climate Change (Graham & Trotman, 1991).

This book is the outcome of the global consultation on the development and enforcement of international environmental law, with a special focus on the preservation of biological diversity. More than 250 experts on international environmental law and representatives of the global environmental movement collaborated in the drafting of a list of recommendations and conclusions. This list was then communicated to the delegates at the Third Preparatory Committee meeting for the United Nations Conference on Environment and Development.

This book, the first in a series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing progress in the development of domestic regulatory regimes for biosafety. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines developments in biosafety law and policy.

Environmental conflicts over sustainability, environmental impact assessment (EIA), biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR) and reframes the role of law and science. This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts for environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts, and will be valuable to environmental professionals. The book also promotes the use of Indigenous traditional knowledge for resolving conflicts over sustainability, biodiversity and the EIA process. The book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is an issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will of course be of great interest to academics and researchers of environmental studies and environmental law. It will also appeal to the Indigenous community, environmental groups and local communities who are seeking more direct and effective inputs into finding sustainable solutions for environmental conflicts.

In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.

This text is a comprehensive, in-depth review and summary of the UN FCCC AIJ pilot. Over 30 prominent players in the UN FCCC AIJ pilot, drawn from 12 countries, prepared the 16 peer-reviewed chapters in this book. Most chapters are extensively illustrated and the book contains a glossary of acronyms and a list of points of contact in the UN FCCC AIJ pilot. To help meet the technical and policy needs associated with the UN FCCC and complementary treaty negotiations, this book has three broad objectives: review, interpret and compile experiences of AIJ pilot participants and observers; based on empirical data and skilled observations, identify and document lessons learned from the AIJ pilot; and interpret, summarize and translate lessons learned for future consideration by FCCC parties. Specific topics covered include: an introduction to the AIJ pilot and the FCCC guidelines/criteria; AIJ project development and finance; the project development community; an overview of energy and land-use and forestry sector projects; sustainable development technology transfer; human and institutional capacity building; legal issues; and project monitoring, verification and reporting.

Responding to a need for a deeper and more nuanced understanding of the consequences of climate change, this book brings experts in climate science, engineering, urban planning, and conservation biology into conversation with scholars in law, geography, anthropology and ethics. It provides insights into how climate change is conceptualized in different fields. The book also aims to contribute to developing successful and multifaceted strategies that promote global, intergenerational and environmental justice. Among the topics addressed are the effects of climate change on the likelihood and magnitude of natural hazards, an assessment of civil infrastructure vulnerabilities, resilience assessment for coastal communities, an ethical framework to evaluate behavior that contributes to climate change, as well as policies and cultural shifts that might help humanity to respond adequately to climate change.

In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiatedconsensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future,she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolatedfrom the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding anddesertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking aboutglobal policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, anextensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able todisplay and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential normsis vital for attaining fraternity between nations and among all people. Climate Justice - A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.

Despite the potential benefits that PSSA designation can deliver, recent practice both within the IMO and by individual member States, has considerably undermined confidence in this emerging concept. The focus of this book is on the events within the IMO that have led to this lack of confidence arising. In doing so, this book presents an examination of coastal State practice with the PSSA concept.

In undertaking this analysis, the research provides evidence of the value of the PSSA concept, but also demonstrates its limitations. In this regard, the book presents a reality check which seeks to rationalise some of the heightened expectations with the concept that are apparent in the current debate. The research argues that States may seek to designate PSSAs more for their iconic status than for any demonstrable environmental benefits that may be realised."

Providing an overview of the various legal responses to conflicts involving the use of water resources, this text analyzes the continuous development of water law in the face of new threats of water shortages. The book is a result of the conference "Scarcity of Water, International, European and National Legal Aspects" held at the faculty of Law of the Erasmus University, Rotterdam in October 1995. It contains a selection papers presented at the conference and several additional contributions on the issues of water law and policy.

At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests. At the centre of the issue of compensation for environmental damage lie acute legal conflicts among concepts of property, natural resources, ecosystems, and the public good. This study examines the applicability to environmental damage of each of these factors, relating them to such salient elements of environmental law cases as the following: * the problematic causality link between pollutant activity and environmental damage; * setting a minimum threshold of pollution that should be considered tolerable; * how much a polluter should pay to compensate for damages caused; * liability mechanisms under various national laws; * the public trust doctrine; * the rights of indigenous people; * economic valuation of the environment; * insurance in relation to environmental risks; * the principle of prevention; and * the precautionary principle. An in-depth analysis of relevant international jurisprudence, liability treaties, and reports and resolutions of international organizations reveals the scope of compensation standards in international law. The analysis proceeds from quantitative research on these standards to qualitative research that identifies and separates the main elements of fair compensation that exist in international law. This leads to a highly cogent proposal that moulds the notion of fair compensation to the environmental field. This book leaves no doubt that environmental damage leads to an entitlement under international law, although the extension of such entitlement, and particularly the amount of compensation, remains to be determined case by case. This study succeeds in identifying elements of analysis for the establishment of a more adequate compensation system for environmental damages - a system that privileges the intrinsic value of the environment, and also takes into account factors that encourage prevention and discourage abusive or arbitrary awards in relation to environmental damages. As such, it will be of incomparable value and significance to lawyers and academics working on the development of standards in international environmental law.

This book addresses the forms of legal protection extended to people displaced due to the consequences of climate change, and who have either become refugees by crossing international borders or are climatically displaced persons (CDPs) in their own homelands. It explores the legal response of the South Asian Jurisdictions to these refugee-like situations, and also to what extent these people are protected under current international law. The book critically examines and assesses whether States have obligations to protect people displaced by climate change under international refugee law (IRL) and international climate change law (ICCL). It discusses the issue of climate migration in South Asia, analyzes the legal and judicial response initiated by South Asian nations, and also investigates the role of SAARC in relation to climate change and climate refugees. Drawing on the International Legal Standards and States' Practices in South Asia regarding climate refugees, the book shows how IRL, ICCL, and IHRL (international human rights law) have been used to address and identify the gaps in the global legal protection framework concerning the contours of the normative debate on climate refugees, climate change displacement, migration, forced migration, susceptibility to climate change, typology of climate change-induced displacement, role of the SAARC and its municipal legal systems, approaches to climate change, human mobility and developing a hybrid regional law, or advocating a legal alternative of equal measure in a region characterized by diversity and multiculturalism. The book offers valuable takeaways for students, researchers, consultants, practitioners and policymakers alike.

Based on a major project executed by the European Commission, "Investors' Environmental Guidelines" should be useful to all those associated with the process of investment in central and eastern Europe. The "Guidelines" have been designed for rapid use by the investor who knows very little about the environment, as well as the environmental specialist. The "Guidelines", in particular the sections covering liability and regulatory compliance, should also be of particular interest to lawyers while the coverage of environmental legislation should be of wider interest to policy makers, consultants, NGOs and others, both from within the region and from western countries. In particular, they will allow comparisons of investor-related environmental requirements between countries in the region.

This is the first book to outline a basic philosophy of ecology using the standard categories of academic philosophy: metaphysics, axiology, epistemology, aesthetics, ethics, and political philosophy. The problems of global justice invariably involve ecological factors. Yet the science of ecology is itself imbued with philosophical questions. Therefore, studies in ecological justice, the sub-discipline of global justice that relates to the interaction of human and natural systems, should be preceded by the study of the philosophy of ecology. This book enables the reader to access a philosophy of ecology and shows how this philosophy is inherently normative and provides tools for securing ecological justice. The moral philosophy of ecology directly addresses the root cause of ecological and environmental injustice: the violation of fundamental human rights caused by the inequitable distribution of the benefits (economies) and costs (diseconomies) of industrialism. Philosophy of ecology thus has implications for human rights, pollution, poverty, unequal access to resources, sustainability, consumerism, land use, biodiversity, industrialization, energy policy, and other issues of social and global justice. This book offers an historical and interdisciplinary exegesis. The analysis is situated in the context of the Western intellectual tradition, and includes great thinkers in the history of ecological thinking in the West from the natural sciences, social sciences and humanities. Keller asks the big questions and surveys answers with remarkable detail. Here is an insightful analysis of contemporary, classical, and ancient thought, alike in the ecological sciences, the humanities, and economics, the roots and fruits of our concepts of nature and of being in the world. Keller is unexcelled in bridging the is/ought gap, bridging nature and culture, and in celebrating the richness of life, its pattern, process, and creativity on our wonderland Earth. Holmes Rolston, III University Distinguished Professor, Colorado State University Author of A New Environmental Ethics: The Next Millennium for Life on Earth (2012) Mentored by renowned ecologist Frank Golley and renowned philosopher Frederick Ferre, David Keller is well prepared to provide a deep history and a sweeping synthesis of the "idea of ecology"-including the metaphysical, epistemological, and ethical aspects of that idea, as well as the scientific. J. Baird Callicott University Distinguished Research Professor, University of North Texas Author of Thinking Like a Planet: The Land Ethic and the Earth Ethic (2013)