This book addresses legal aspects of sustainable development and offers the latest thinking on a wide range of current themes. By taking a cross-cutting approach, it adds considerably to the exploration of this emerging scientific field. Twenty-nine original contributions present innovative thoughts and replicable ideas from this exciting, new area, which will be of value to practitioners and researchers alike.These contributions are allocated into a horizontal and sectorial part. The section covering horizontal policies has five sub-parts: 1) general aspects; 2) human and intellectual property rights; 3) communication and social enterprise governance; 4) public participation and 5) assessment tools. The second part on sectorial policies also has five sub-parts: 1) forest and water management; 2) renewable energy; 3) cities, waste and material management; 4) biodiversity, nature conservation, oceans and spatial planning and 5) agriculture and rural policy. It offers a multifaceted discussion of sustainable development and law by authors from five continents and from both the public and the private sectors. This selection guarantees a broad view that presents the more theoretical arguments from the academic as well as the practical perspective. Furthermore, the authorship includes senior, highly experienced academics and practitioners as well as those at the start of their career. This ensures thoughtful expansions of established theories as well as the emergence of innovative ideas. Moreover, the ten sub-parts bring together likeminded thoughts, resulting in an exchange of different viewpoints on a similar theme. This allows the readers to concentrate on individual chapters, while at the same time discovering a variety of thoughts and ideas.

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.

The Antarctic is symbolic of the wider challenge facing the progressive development of the international legal order. How can the law ensure a balance between economic growth (and the attendant exploitation of natural resources) and environmental protection (requiring the wise and sustainable use of limited natural resources)? the contribution of science, of new institutional structures and of the non-governmental sector towards effective law-making, administrative and enforcement processes present a major challenge. This volume, inspired by a major symposium held in Brussels in October 1990, crystallizes the response of leading representatives of the legal, governmental, scientific and political communities and represents a significant new contribution to legal thought and practice, at a time when the international community has recognized the inadequacies of the international rules relating to the protection of natural resources and the environment.

The Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. The book covers overarching and sectoral, as well as traditional and emerging, legal issues in natural resource development. The book illuminates interactions and tensions between international environmental law, human rights and economic law, as well as the law of the sea, tracing their evolution and identifying critical areas for further investigation. It also discusses the relevance of soft law and international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. Analysis of historical and current policy debates, including the incipient negotiations of a new international legally binding instrument on marine biodiversity in areas beyond national jurisdiction, and the adoption of the Sustainable Development Goals and the Paris Agreement on climate change, are included. While the handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers and practitioners of international environmental, economic, and human rights law. Contributors include: R. Barnes, V. Barra, B. Boer, C. Chiarolla, L. Cotula, F. Francioni, J. Harrison, J. Jabour, M. Jansson, M. Kidd, R.E. Kim, T. Koivurova, K. Kulovesi, R. Leal-Arcas, F. Lesniewska, C. Massarella, S. Minas, O. McIntyre, E. Morgera, E. Orlando, F. Ortino, A. Proelss, S. Romppanen, C. Salpin, N.M. Tabari, K. Talus, A. Trouwborst, H. van Asselt, J. Vinuales

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.

The information provided in this book aims to provide a starting point for foreign investors in their investigation of the environmental regulations and the related social priorities which will have an increasing impact on their investment decisions and strategies. Lawyers from Austria, Australia, Belgium, Canada, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, and the United States have combined to provide this analytical overview of the regulatory schemes and major environmental issues in their respective jurisdictions. A separate chapter is included on the rules of the EC.

This book focuses on animal laws and animal welfare in major jurisdictions in the world, including the more developed legal regimes for animal protection of the US, UK, Australia, the EU and Israel, and the regulatory regimes still developing in China, South Africa, and Brazil. It offers in-depth analyses and discussions of topical and important issues in animal laws and animal welfare, and provides a comprehensive and comparative snapshot of some of the most important countries in the world in terms of animal population and worsening animal cruelty. Among the issues discussed are international law topics that relate to animals, including the latest WTO ruling on seal products and the EU ban, the Blackfish story and US law for cetaceans, the wildlife trafficking and crimes related to Africa and China, and historical and current animal protection laws in the UK and Australia. Bringing together the disciplines of animal law and animal welfare science as well as ethics and criminology with contributions from some of the most prominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings of existing animal protection law in different parts of the world. In doing so it draws more attention to animal protection as a moral and legal imperative and to crimes against animals as a serious crime.

I had the pleasure of participating at the two conferences which form the basis of this book: as a chairman at the 2007 The Hague Conference 'Tackling Climate Change - An appraisal of the Kyoto Protocol and options for the future' and as a speaker at the 2006 Siena Conference' The Kyoto Protocol and beyond: a legal perspective'. I would like to thank my colleagues Wybe Douma, Leonardo Massai and Massimiliano Montini for those opportunities, and although I was, unfortu nately, unable to contribute a paper to this book due to time constraints, I am glad to be able to say a few words on the issue by means of this foreword. The timing of the two conferences was well chosen: the period between the Siena Conference (June 2006) and The Hague Conference (March 2007) encapsu lated perfectly the period of the drafting, the presentation and the approval of the 'Integrated Energy and Climate Change Package', as presented by the European th Commission on the 10 of January 2007 and as approved by the Spring European th th Council of the 8 and 9 of March 2007. The importance of the Commission's package and the Council's conclusions must be strongly emphasized. They set, at the EU level, legally binding targets regarding the reduction of greenhouse gas of energy, and biofuels.

This book addresses the causes of rising crime rates resulting from the rapid population growth and industrialization associated with natural resource extraction in rural communities. Ruddell describes the social problems emerging in these boomtowns, including increases in antisocial behavior, as well as property-related and violent crime, industrial mishaps and traffic collisions. Many of the victims of these crimes are already members of vulnerable or marginalized groups, including rural women, Indigenous populations, and young people. The quality of life in boomtowns also decreases due to environmental impacts, including air, water and noise pollution. Law enforcement agencies, courts, and correction facilities in boomtowns are often overwhelmed by the growing demand as these places are seldom able to manage the population growth. The key questions addressed here are: who should pay the costs of managing these booms, and how can we prepare communities to mitigate the worst effects of this growth and development and, ultimately, increase the quality of life for boomtown residents. An in-depth and timely study, this original work will be of great interest to scholars of violent crime, criminal justice, and corporate harm.

This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. "Rural" is more than "agricultural": if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.

This volume examines the process through which climate change is transforming global governance, as both an increasingly central issue on the international stage and an increasingly structured policy domain with its specific modes of governing, networks of actors, discourses, and knowledge practices. Collectively, the contributions aim to assess how and why climate change is becoming a dominant frame in international politics. In doing so, they also contribute to understanding the dynamics and drivers of climatization.As global warming progresses and efforts to mitigate and adapt intensify, living under a changing climate-or in a 'new climate regime' (Latour 2015)-increasingly appears as a central feature of 'our' new, and highly unequal, human condition in the Anthropocene. In other words, we firmly believe that climatization is here to stay. It is thus crucial to better understand this process, recognizing its problems and ambiguities, but also examining its transformative potential and identifying the conditions under which such potentials can be harnessed with a view to building a more effective and equitable climate politics. We think that the chapters in this book contribute to this endeavour.

* An enormous contribution to the understanding of climate negotiations - the most complex and challenging international regime to date* Explains how governments need to organize ever more demanding multilateral negotiations successfully* Essential reading for those involved in climate negotiations and in planning or participating in other high-level negotiationsThe global negotiations over climate change involved over 180 countries and innumerable observers and other participants, addressing enormously complex and economically vital issues with conflicting agendas. For the UN to create an effective and well-supported international regime required enormous and very skilful organization. Using the metaphor of a theatrical production, this book shows how this was accomplished to produce the UN Framework Convention on Climate Change, the Kyoto Protocol and the subsequent Bonn and Marrakesh Accords. The author draws out the lessons and implications for other intricate and far-reaching negotiations, not all of which have succeeded so far, such as the WTO trade negotiations at Seattle and Cancun. She identifies six key elements that determine organizational effectiveness as a necessary condition for successful outcomes.

The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.' - Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.' - Malgosia Fitzmaurice, Queen Mary University of London Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia. This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law. Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommendations for change.

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous.The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States' action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Modern biotechnology - the controversial manipulation of genes in living organisms - has far-reaching implications for agriculture, human health, trade and the environment. Against the odds, an international treaty governing biosafety and trade in biotechnology was adopted in 2000. The Cartagena Protocol on Biosafety of the Convention on Biological Diversity deals with one of the most important and challenging issues thrown up by developments in biotechnology. This volume is a comprehensive review of the protocol and the process that led to its adoption. It includes contributions from many of the key players involved and analyses the commercial and political interests at stake, the operations and implications of the protocol, and prospects for the future.

Emerging to the forefront of sustainable production and consumption are a promising and rapidly evolving concept known as Voluntary Standard Systems (VSS). They encompass the three pillars of sustainability social, environmental and economic aspects and consequently they can be considered as a tool, which makes sustainable development visible. Currently, they are becoming a significant element in international trade and in the promotion of sustainable development strategies, especially in the context of globalised markets and supply chains.

This volume provides a comprehensive overview of the current VSS concepts: from their nature and functioning, to the future outlook for their development. It places VSS in the broader context of global development issues and challenges, including development policy and international sustainability commitments, progress towards achieving green economy and meeting climate protection targets. The volume contains also a representative selection of case studies which demonstrate their wide range of application in different sectors of the economy."

While the size of the world's fishing catch remains at a constant level, current fishing practices are placing increasing pressure on stocks, and in turn threatening the communities which rely on them. This work examines the role of international law in dealing with this crisis in world fisheries, discussing the principles of marine living resource management found in contemporary international law, and analysing the means by which those principles are implemented. The study is focused around the two principal approaches to fisheries management: the first based upon maximising the yield of particular stocks, and reflected in the content of the 1982 United Nations Convention on the Law of the Sea; and the second founded on the precautionary approach and the associated notion of risk assessment, which encourage taking into account the management of the entire ecosystem. The author explores the legal bases of these different approaches and charts their development in international law. The work makes a comparative analysis of the two systems with reference to two international conventions, operating in analogous polar environments: the Bering Sea "Doughnut Hole" Convention, designed to preserve the pollock stock in the central area of the Bering Sea; and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), designed to manage all the elements of the marine ecosystem of the Southern Ocean. The author concludes with a discussion of the difficulties common to both approaches in the area of compliance, and proposes a number of mechanisms by which the management of stocks could be improved.

This book presents a legal genealogy of biodiversity - of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of 'genetic gold' details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book's focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention's continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.

The doctrine of Direct Effect is an issue of importance to all those concerned with, or affected by the implementation of European Union directives. The doctrine of Direct Effect bestows responsibility for the implementation of directives on individual regulators, even if the member state itself has not made full arrangements for implementation. This text considers the doctrine with particular regard to the regulation of the discharge of dangerous substances to the aquatic environment in England and Wales. It contains an analysis of the evolution, applications and implications of Direct Effect.;A range of cases are studied, allowing the reader to realize the scope of this important doctrine. This book explores an area of European Law that should be understood by all those involved in the regulation of the discharge of dangerous substances.

This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues. Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. Wright