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 timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses' compliance with environmental regulation, in particular, could be improved. The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair. Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.

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.

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 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).

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.

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.

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.

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.

Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea.

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

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.

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.

A healthy water sector has been identified as a crucial contributing factor in reaching and maintaining a healthy society, from an environmental, human health and economic perspective. However, freshwater resources are under increasing pressure and climate change is expected to have a substantial impact on the hydrological cycle and freshwater resources. Considering the fact that the territories of 145 States worldwide, and 60 per cent of EU territory, run through transboundary lakes and river basins, their good governance is essential in tackling the challenges ahead. To this end, solid inter-regional and international upstream-downstream cooperation mechanisms are necessary.The Law of the River takes a comparative perspective by analysing the relevant legal and policy frameworks in the European Union and the United States, with the goal of providing Critical Success Factors to transboundary river basin management. Each Critical Success Factor has resulted in a specific set of recommendations, both geared toward the level of the EU and the International River Basin Districts.The main focus of this book is on water quantity management, specifically floods, scarcity and droughts. The relevant EU requirements for water quantity management in transboundary waters (International River Basin Districts) and the way these have been implemented in a specific river basin in the EU, the Scheldt, are scrutinized. Moreover, a case study of the river basin mechanism governing the Delaware River in the United States has been conducted with the aim of identifying lessons learned for the EU. The key theme running through the book is based on the social-ecological resilience theory and the water security paradigm.This book proposes an Enhanced Cooperation Model, whereby the notion of "River Basin District Security" is set forth as a comprehensive assessment tool to be used in transboundary river basins.

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.

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.

This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.

The focus of this work is on a single source of pollution, namely that by vessels from the perspective of the coastal state. This implies that exercises of jurisdiction with other objectives, for example security, are in general not dealt with even though these could also impede or entirely frustrate navigation. State practice is given a prominent place in this study. Relevant collective state practice exists in the form of bilateral or multilateral conventions or other international instruments, such as IMO Resolutions. Individual state practice can consist of unilateral declarations, legislation, and actual exercises of enforcement. The book gives insight into the way in which the LOSC legal regime of coastal state jurisdiction over vessel-source pollution operates in practice. Safeguards form an inseparable part of the jurisdictional balance in general, and that of enforcement jurisdiction in particular. The jurisdictional balance for vessel-source pollution in the LOSC is complemented by an innovative system of dispute settlement. The wide range of issues brought forward illustrates the extremely complex, but equally fascinating character of coastal state jurisdiction over vessel-source pollution.