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.

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

This volume brings together multiple perspectives on both the changing Arctic environment and the challenges and opportunities it presents for the shipping sector. It argues for the adoption of a forward-looking agenda that respects the fragile and changing Arctic frontier. With the accelerated interest in and potential for new maritime trade routes, commercial transportation and natural resource development, the pressures on the changing Arctic marine environment will only increase. The International Maritime Organization Polar Code is an important step toward Arctic stewardship. This new volume serves as an important guide to this rapidly developing agenda. Addressing a range of aspects, it offers a valuable resource for academics, practitioners, environmentalists and affected authorities in the shipping industry alike.

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

The great seas contain immense resources and provide invaluable services to humankind, yet their environmental conditions are threatened worldwide. The authors of this comprehensive study provide a rich assessment of the seas and the efficacy of the initiatives governing them, as well as suggestions for improving governance and protection. Case studies of the Baltic, Mediterranean, Black, Caribbean and East Asian seas illustrate the varying degrees of policy success, failure and promise. The authors address the specific roles of the Law of the Sea and the United Nations Regional Seas Programme and discuss the importance of better information exchange between scientists and policymakers, increased funding, greater participation, and new and more effective laws. National, regional and international initiatives are conceptualized as clusters, and their success evaluated using data on the physical conditions of the seas, the law and policy adopted, and international cooperation. The interdisciplinary, insightful treatment of this complex issue will be of great interest to policymakers, students and scholars in the fields of law and policy as well as marine and environmental sciences.

This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

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 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.

This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).

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.

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.

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.

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.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

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.

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 provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.

This book engages with international legal responses to the global environmental crisis.  Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Access to justice in environmental matters has been a topic for increasing legal discourse and law-making in international, European Community (EC) and national arenas. The 1998 Aarhus Convention provides new norms of international law, inspired by the 1992 Rio Declaration. EC law on access to justice is being drafted and changes can be observed in the laws of the European Union (EU) members states. This timely book presents the state-of-the-art of access to justice in environmental matters in the European Union. It provides a thematic and comparative introduction of the topic, followed by thorough descriptions of EC law and the law of each EU member state. The chapters are written in English or French with a summary in the other language.

The international character of today's most pressing environmental problems has become a key challenge for environmental policy making. As regulation by a supranational authority is not a realistic option at present, policymakers have to rely on decentralized approaches to the management of international environmental resources.This study combines two core dimensions of international environmental policy: the traditional search for cost-effective policy instruments and the creation of incentives for voluntary cooperation among sovereign nations. The analysis offers some clear-cut policy recommendations for the design of environmental treaties and for the further development of existing international institutions to protect the global environment.

The patterns and impact of globalization have become a common concern of all international jurists, sociologists, political scientists, and philosophers. Many have observed the erosion of the powers of nation states and the emergence of new transnational governance regimes, and seek to understand their internal dynamics, re-regulatory potential, and normative quality. Karl Polanyi's seminal book - The Great Transformation - is attracting new attention to such endeavors, mirroring a growing sensitivity to the social and economic risks of dis-embedding politics. Their re-construction by Polanyi - including his warning against a commodification of labor, land, and money - provide the trans-disciplinary reference point for the contributions to this book. Political economy, political theory, sociology, and political science inform this discussion of Polanyi's insights in the age of globalization. Further theoretical essays and case studies look at his 'false commodities': money, labor (and services), and land (and the environment). Jurists have hardly ever discussed Polanyi, and the law has not been taken very seriously among 'Polanyians.' It is nevertheless clear that economic stability and social protection are simply inconceivable without the visible hand of law. The legal discussion in this book's concluding chapters do not, and cannot, depart directly from such premises. The framework of their analyses is, instead, informed by current debates on the emergence of para-legal regimes, the fragmentation of international law, and the prospects of constitutional perspectives within which the rule of law and the notion of law-mediated legitimate governance are established. Polanyi's notion of the co-originality of dis-embedding moves and re-imbedding countermoves can, however, be usefully employed in the re-construction of the sociological background of the moves and tensions which jurists discern.

This book focuses on the legal and practical aspects of environmental finance and socially responsible business practices in Russia since the 1990s. Related publications to date tend to give a rather one-sided and negative picture. The authors in this book, however, provide a more positive and balanced outlook. Over half of them are from Russia, and most of the non-Russian authors have worked there extensively. As experts in their respective fields, they discuss a myriad of separate, but interrelated issues from an economic, legal or practical perspective. Topics include environmental law, pollution abatement, climate change and the Kyoto Protocol, renewable energy opportunities, NPAF, TACIS and EBRD projects, corporate social responsibility, environmental management systems, integration of EU environmental standards and adherence to the European Principles of Environmental Protection, environmental education and philanthropy. Giving a valuable introductory insight into the progress of environmental and socially responsible business practices in Russia, this book is essential reading for investors, academics, practitioners and those interested in sustainable development in Russia. Wybe Th. Douma, is a senior researcher in European Law and International Trade Law at the T.M.C. Asser Instituut. He worked in Russia on several projects, notably as senior legal expert for the first TACIS 'Harmonisation of environmental standards' project. Fiona M. Mucklow is a research associate at the T.M.C. Asser Instituut and an English solicitor with extensive expertise in finance law and international environmental law in Russia.