This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment. Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact. Scholars and students of maritime and environmental law will find this book's analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping. - Regina Asariotis, United

This thoroughly updated and revised second edition combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). The Research Handbook provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law. Expert contributors examine the key theories and concepts of IEL governance and provide an in-depth analysis of IEL principles, supplemented in this new edition by a consideration of the significant actors involved in international environmental law-making and governance. Chapters go on to discuss practical issues, such as dispute settlement and compliance, and analyse selected environmental protection regimes, as well as including a brand new section covering IEL litigation in relation to human rights and climate change. Providing a thorough examination of the major topics in the field, this Handbook will be an indispensable resource for scholars and students of international environmental law. Practitioners and policymakers will also find it useful for its coverage of developments in environmental litigation and the actors involved.

This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues. This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial.

This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D. Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.

Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries. Describing the history, implementation and operation of the Paris Agreement, this Commentary is indispensable for obtaining a deep and nuanced understanding of the way in which the global community seeks to intensify its efforts to address climate change. Written by internationally renowned contributors, it discusses recent examples of implementation of the Agreement and nationally determined contributions (NDCs). Clearly written and accessible, this Commentary will be a vital resource for policy makers and government officials involved in climate change across the globe, whilst also being valuable for practitioners, scholars and students of climate change law and policy.

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced. Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider "next generation" and "smart regulation" strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace - in other words -the 'posthuman' condition - a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.

This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regimes governing renewable energy sources, regulation of the transport and supply of energy, consumer protection, and energy savings mechanisms. Providing an authoritative analysis of key developments in this significant area of law, this volume will be an invaluable resource for researchers, academics and students. Its insights into governance and regulation in the sector will also prove useful to practitioners and policymakers.

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy. Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation. Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs. Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs. Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.

China is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.

Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries.

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

This 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 thoroughly revised second edition provides an up-to-date account of essential EU climate mitigation law, analysing an area that remains one of the most dynamic fields of EU law. Special attention is paid to the energy sector and to the impact of climate law on broader legal issues, such as energy network regulation and human rights. Written by leading scholars of EU climate law from the University of Groningen, the book addresses the relevant directives and regulations, examining their implementation and impact on current policy and academic debate. Chapters guide the reader through key topics including the EU emissions trading system, renewable energy consumption, and carbon capture and storage. Key features of the second edition include: A clear and accessible introduction to EU climate mitigation law Comprehensive coverage of the climate targets and instruments of the EU Special focus on the relationship between climate law and energy law New classroom questions to stimulate further discussion and debate Educational design based on reviews by climate law students and lecturers. Combining educational design and analytical accuracy, this book will be an indispensable guide for both students and professionals. It is highly recommended for courses on EU climate mitigation law, as well as climate law, energy law, environmental law and EU law.

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both 'hard' and 'soft' innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient. In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation. Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

This unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject. Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.

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

This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a 'right of place' is proposed and developed. The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.

This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC - Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. Katie Sykes argues that international trade law has made a significant contribution to global animal law. This is a notable development, considering that the WTO has long been seen as a threat to animal welfare. The book traces the evolution of animal welfare in the trade regime, the growth of global animal law, and the potential for new trade agreements to promote international cooperation on animal welfare. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation. Animal Welfare and International Trade Law will be a key resource for scholars and students of global animal law, international trade law, and trade and the environment. It will also prove valuable for legal practitioners, activists, advocates, and policymakers interested in how trade law tools can be used to improve international animal welfare standards.

All too often, international environmental law is presented as a kind of guided tour of different treaties and environmental problems. Professor Hey succeeds beautifully in articulating the themes that connect all of these disparate areas, an effort that both students and scholars will appreciate.' - Daniel Farber, University of California, Berkeley, US'This volume presents a superb overview of international environmental law by a long-time observer. Ellen Hey shares her deep insight into the historical, environmental, technical and policy context of the law, and introduces the reader to regulatory techniques and choices, the main legal tools at actors' disposal, and the key developments in the field. The result is an accessible, yet sophisticated introduction to the evolution of the field, and its expanding modes of action and range of participants.' - Jutta Brunee, University of Toronto, Canada 'This is a significant contribution from a leading figure in the field. Of particular note is the effort to embed international environmental law in its broader context, not only through the detailed analysis of its foundational principles or of its deep interactions with other fields of international law but, more generally, through the overarching theme of the Anthropocene. It is to be thoroughly recommended.' - Jorge E. Vinuales, University of Cambridge, UK Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: - Concise and compact overview - Discusses contemporary developments - Examines IEL's relationship to other areas of international law - Considers the social-economic context.

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced. Key features include: a review of how the role of criminal enforcement has evolved discussion of traditional compliance monitoring and the role of citizen science examination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practices exploration of the need to consider "next generation" and "smart regulation" strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.

This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries' safe operating space. The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform. Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.

This two-volume set contains a representative selection of leading articles by outstanding scholars, practitioners, and policymakers in the field of international environmental law (IEL). Professor Anton has organized the contributions along three major lines: firstly, the papers explore the challenge of transnational environmental problems and the nature of IEL, including fundamental principles and concepts, actors, and compliance and enforcement. Secondly, the development and application of IEL in the context of specific regimes is explored, including atmosphere, oceans, and hazardous substances. Finally, the volumes examine how IEL interacts with other international legal regimes, including international trade and human rights. All the contributions reflect a broad diversity of views and cover the most important key areas currently debated in IEL. Alongside an original introduction by the editor, this collection is a valuable tool for scholars, researchers, practitioners, and students with an interest in international environmental law.

This timely book addresses the need for further measures to reduce greenhouse gas emissions in the European Union, arguing that the EU Emissions Trading Scheme does not offer sufficient incentives for the carbon-intensive materials sector. It highlights the challenge that emissions from industries such as iron and steel, cement and aluminium, amongst others, pose to the EU's commitment to significantly cut emissions by 2030. Offering an in-depth review from an economic and legal perspective, Manuel Haussner explores these carbon-intensive sectors and their contribution to current emissions, and provides insightful suggestions on how a consumption-based carbon charge would create incentives for deep decarbonisation. He demonstrates how the design of such a charge would comply with the EU's obligations and WTO's legal requirements, and illustrates how such a charge would be drafted, providing guidance on administering carbon taxation and analysing carbon charges alongside the EU recommended portfolio of policy instruments. This thought-provoking book will be an essential read for all policymakers, consultants and practitioners working in environmental law and policy in the EU. It will also be valuable to scholars working at the intersections of economics and environmental and energy law.