Although all states agree that sustainable development must be provided for at the international level, it is still impossible to foresee which environmental problems are to be dealt with by the community of States rather than by states individually. The all-important debate over the development of specific measures enforceable under international law is just beginning. This book takes a major step in the progress of that debate toward a genuine global commitment to the protection of the earth and of future generations. The essays represent a confluence of expert scholarly opinion on this vital subject in two of the world's most populous and powerful countries. The outcome of a symposium in Beijing in September 1999, organized jointly by the Chinese Academy of Social Sciences and the German Research Association, the book emphasizes the urgent need for international co-ooperation without losing sight of the inevitable restrictions on state sovereignty inherent in solving environmental problems.

This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.

This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.

Marine oil pollution is one of the most damaging environmental liabilities of our time, and is taken very seriously by governments. Although international conventions take the lead in the legal regime underpinning prevention and compensation of marine oil pollution damage, national legal systems differ considerably in how they interpret and apply their monitoring and enforcement responsibilities. This is the first book to present a comparative analysis of the law with respect to marine oil pollution, with expert contributions emphasising particular solutions in Europe, the US, and China. The authors draw on the full range of legal sources, from theory and legislation to procedure and actual case studies. Written by both academics and practitioners - senior academics with a wide experience in the field, and practitioners who have extensively dealt with marine pollution issues - the work is not confined to a mere legal analysis, but offers a more inclusive law and economics perspective, solidly built on a substantial analysis (in English) of the law in the European, US, Chinese, and international contexts. Individual contributors focus on countries with which they have particular expertise or experience. This book will be of interest to corporate counsel, international lawyers, academics, and policy makers, as well as to students of (international) environmental and maritime law. In addition, the book is especially valuable to non-Chinese lawyers for its clear insight into the complex Chinese environmental legal 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.

Blending scientific and legal expertise, Kunich proves that a devastating ecological crisis is imminent or even underway already, and that conservation law has yet to catch up with biological science. He challenges readers with a hotspots wager, arguing that he have vastly more to gain than lose by legally protecting biological hotspots, and that foregoing them in favor of the relatively minor and immediate returns arising from their devastation is both foolish and, ultimately, dangerous.

Legal thought lags behind modern science in focusing on and setting priorities for global conservation. An extinction spasm is imminent, many scientists argue, due to the ongoing global devastation of biological hotspots, home to a disproportionate share of all life forms, including perhaps millions of unknown species. These hotspots have already lost 88 percent of their primary vegetation and are likely to lose much more, yet few legal measures exist to protect them. Environmental legal protections are often incomprehensive and feebly enforced. Even worse, 62 percent of all hotspots are unprotected. Kunich provides a brief history and science of extinction. He discusses the importance of saving species from extinction and analyzes the legal measures directed toward preserving biodiversity in nations that harbor hotspots.

The ozone layer is threatened by chemical emissions, the climate is endangered from fossil fuels and deforestation, and global biodiversity is being lost by reason of thousands of years of habitat conversions. Global environmental problems arise out of the accumulated impacts from many years' and many countries' economic development. In order to address these problems the states of the world must cooperate to manage their development processes together - this is what international environmental agreements are designed to do. But can the world's countries cooperate successfully to manage global development? How should they manage it? Who should pay for the process, as well as for the underlying problems? This book presents an examination of both the problems and the processes underlying international environmental lawmaking: the recognition of international interdependence, the negotiation of international agreements and the evolution of international resource management. It examines the general problem of global resource management by means of general principles and case studies and by looking at how and why specific negotiations and agreements have failed to achieve their targets. The book, commissioned by UNCTAD to assist policymakers, especially in developing countries. It will also be of interest to practitioners in the areas of environmental economics and law and to scholars studying global environmental policy making and institution building.

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, in 1992, of the Rio Declaration at UNCED. Principle 15 of that Declaration provides that: "In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." The challenge facing the international community is how to attain truly precautionary environmental policies. This challenge is one of changing perceptions as much as of changing institutions or technical mechanisms. It is a challenge to our way of viewing the world as much as to our views of the role of science, or the burden of proof. It also raises a question as to the role of legal and other regulatory instruments in implementing the precautionary principle. This question, however, lends itself to a multifaceted and multidisciplinary approach. After an introduction to the origins and development of the precautionary principle, 12 chapters explore a selection of themes relevant to the implementation of the principle. Where the relationship between international, national and local policies is concerned, a new concept is introduced: glocalization. The book concludes with a synthesis of the opportunities for, and constraints on, the implementation of the precautionary principle, as identified by the various authors.

This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Water security threats arising from inadequate access to water for sustaining ecosystems, livelihoods, human well-being and socio-economic development has gained increasing attention over the past decades all over the world, but especially in international river basins shared by two or more states. In the Aral Sea basin, shared by Afghanistan and five post-Soviet republics of Central Asia - Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan - water security issues are extremely pressing due to heavy reliance on, and competition over, shared waters. Promoting Transboundary Water Security in the Aral Sea Basin through International Law addresses the current gap in the literature by moving beyond the static identification of treaties and norms to examine how these treaties and norms can work for water security in practice. In its thorough and incisive scholarship, the book serves as a contribution toward peaceful and sustainable regulation of transboundary watercourses and their ecosystems in the Aral Sea basin.

The book describes and analyses how environmental issues are regulated in several federal, regional and unitary systems and in the European Union. The comparative analysis reveals common trends towards a multi-layered environmental governance, cross-cutting traditional distinctions among different state models. In the second part, the case study of the management and protection of water resources is selected and analysed in the same legal systems. Disaggregating environmental protection into more specific competence fields allows trends and challenges to be tested The book casts light on the relationship between the state models as to the division of powers and environmental governance. It develops theoretical and practical foundations of contemporary, multi-level environmental law and challenges consolidated approaches in federal studies.

Governments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners. Contributors include: A.D.K. Abelkop, C. Coglianese, M.A. Cohen, D.H. Cole, C.M. Correa, N. de Sadeleer, R.C. Feiock, P.Z. Grossman, N. Gunningham, S. Hayes Richards, M. Howlett, S.-L. Hsu, B. Huber, O. Karassin, B.C. Karkkainen, S.E. Light, L.M.J. McCann, J.E. Milne, I. Mukherjee, E.W. Orts, O. Perez, K.R. Richards, T.M. Roberts, A. Rowell, S. Roy, J.P. Shimshack, H. Sigman, D. Sinclair, S. Starobin, S.E. Weishaar, E. Woerdman, H. Yi, J. van Zeben

With a considerable influence on national and international legislators, courts, public administrators and private companies, environmental principles ? such as the polluter-pays principle, sustainable development or the precautionary principle ? play an important role in the making, application and the interpretation of environmental law. As a key part of the Elgar Encyclopedia of Environmental Law, this comprehensive volume provides detailed coverage of all of the important environmental principles and offers unique insights as well as wider reflection on the role played by principles. With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet. As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators. Contributors include: A. Aaragao, M. Alberton, S. Atapattu, V. Barral, B. Boer, N. Craik, C. Dalhammar, J. Darpoe, N. de Sadeleer, O. Dubovik, L.-A. Duvic-Paoli, T. Fajardo del Castillo, R. Fowler, M. Fuhr, M. Gestri, G. Handl, M. Hedemann-Robinson, S. Khan, R. Kibugi, S. Kingston, V. Koester, L. Kramer, K. Kulovesi, R. Lefeber, R. Macrory, C.W. Malcomb, G.J. Martin, E. Meidinger, I. Michallet, B. Milligan, M. Montini, E. Morgera, D.M. Ong, E. Orlando, A. Panovic, O. Pedersen, M. Peeters, M. Prieur, A. Proelss, L. Rajamani, C. Redgwell, M. Reese, A. Roehricht, G. Roller, J. Schenten, P. Schwartz, D. Spitzer, T. Stephens, H. Strydom, P. Taylor, E. Tsioumani, J.B. Wiener, G. Winter, Y. Zhao

This book focuses on particulate matter emissions produced by vehicles with combustion engines. It describes the physicochemical properties of the particulate matter, the mechanisms of its formation and its environmental impacts (including those on human beings). It discusses methods for measuring particulate mass and number, including the state-of-the-art in Portable Emission Measurement System (PEMS) equipment for measuring the exhaust emissions of both light and heavy-duty vehicles and buses under actual operating conditions. The book presents the authors' latest investigations into the relations between particulate emission (mass and number) and engine operating parameters, as well as their new findings obtained through road tests performed on various types of vehicles, including those using diesel particulate filter regeneration. The book, which addresses the needs of academics and professionals alike, also discusses relevant European regulations on particulate emissions and highlights selected methods aimed at the reduction of particulate emissions from automobiles.

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.

This book presents various perspectives on the environmental aspects of the North American Free Trade Agreement (NAFTA), including the North American Agreement on Environmental Cooperation (NAAEC). Among the issues discussed are the environmental regulations of the NAFTA nations and Chile, as well as the environmental implications of conducting cross-border business. These topics are addressed in an interdisciplinary manner, focusing on legal, economic, social, political and scientific issues, with contributions from American, Canadian, Mexican and Chilean authors. The book is invaluable as it provides a broad outlook on multifaceted environmental issues in a single volume.

This book is the third volume in our NAFTA Law and Policy series, which offers high-quality studies on different aspects of NAFTA, including legal analysis and commentary on the Agreement. The numerous areas covered by the series include NAFTA topics as diverse as agriculture, dispute settlement, intellectual property rights, investment and labour.

This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.

This volume investigates the interdisciplinary and cross-cutting challenges in the risk analysis of natural hazards. It brings together leading minds in engineering, science, philosophy, law, and the social sciences. Parts I and II of this volume explore risk assessment, first by providing an overview of the interdisciplinary interactions involved in the assessment of natural hazards, and then by exploring the particular impacts of climate change on natural hazard assessment. Part III discusses the theoretical frameworks for the evaluation of natural hazards. Finally, Parts IV and V address the risk management of natural hazards, providing first an overview of the interdisciplinary interactions underlying natural hazard management, and then exploring decision frameworks that can help decision makers integrate and respond to the complex relationships among natural events, the built environment, and human behavior.

An interdisciplinary approach to the study of the EU in UN human rights and environmental governance which addresses the legal and political science dimensions. With contributions from academics and policy-makers, this volume is a comprehensive analysis of how the challenges it faces impact on the EU's position in UN fora.

It is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law.Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.

In recent years several states have established specially-protected marine areas under their domestic legislation, whilst internationally the trend towards providing an increased protection to certain marine spaces has been reflected in a number of treaties and declarations. This volume reviews recent developments in the field of specially-protected marine areas and preservation of the marine environment in general. It devotes special attention to the Mediterranean area, because the regional framework for the protection of the environment in the Mediterranean (the so-called Barcelona system) has recently been updated and strengthened, and also because the Mediterranean is a typical example of the category of semi-enclosed seas requiring international co-operation in various fields between the bordering states. The scope of the book encompasses fisheries, a field which is closely connected to the sustainable development of marine areas.