This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution "The human right to water and sanitation". To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.

This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children's environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability. Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragan, A. de Garay Sanchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. Gonzalez, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field. This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. Ziganshina

Over the past twenty years considerable public attention has been focused on the decline of marine fisheries, the sustainability of world fish production, and the impacts of fishing on marine ecosystems. Many have voiced their concerns about marine conservation, as well as the sustainable and ethical consumption of fish. But are fisheries in danger of collapse? Will we soon need to find ways to replace this food system? Should we be worried that we could be fishing certain species to extinction? Can commercial fishing be carried out in a sustainable way? While overblown prognoses concerning the dire state of fisheries are plentiful, clear scientific explanations of the basic issues surrounding overfishing are less so - and there remains great confusion about the actual amount of overfishing and its ecological impact.
Overfishing: What Everyone Needs to Know(r) will provide a balanced explanation of the broad issues associated with overfishing. Guiding readers through the scientific, political, economic, and ethical issues associated with harvesting fish from the ocean, it will provide answers to questions about which fisheries are sustainably managed and which are not. Ray and Ulrike Hilborn address topics including historical overfishing, high seas fisheries, recreational fisheries, illegal fishing, climate and fisheries, trawling, economic and biological overfishing, and marine protected areas. In order to illustrate the effects of each of these issues, they will incorporate case studies of different species of fish.
Overall, the authors present a hopeful view of the future of fisheries. Most of the world's fisheries are not overfished, and many once overfished stocks are now rebuilding. In fact, we can learn from the management failures and successes to ensure that fisheries are sustainable and contribute to national wealth and food security. Concise and clear, this book presents a compelling "big picture" of the state of oceans and the solutions to ending overfishing.
What Everyone Needs to Know(r) is a registered trademark of Oxford University Press

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners. Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. Stafford

This book presents an important discussion on land tenure rights for the effective implementation of sustainable soil management provisions. It investigates a variety of aspects, such as the clash of modern and traditional tenure concepts, forms of illegal or illegitimate land acquisition, and the preconditions for legal and legitimate investments. In addition, the book analyses the challenges to ensuring secure land tenure rights in Africa and in Germany. Lastly, it provides information on the role of women in this context. This fifth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme "Land Tenure Rights and Sustainable Soil Management". The second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national, and regional level.

Written by one of the most prolific and provocative thinkers of our time, Klaus Bosselmann's latest book is set to reaffirm his rank among the leading environmental law scholars in the world. Bosselmann cogently argues that we live in deeply troubling times, characterized as they are by unprecedented socio-ecological upheaval. His vision is of a global governance order that is centred on the Earth as an integrated whole and that seeks to protect the Earth's ecological integrity, especially insofar as the global commons are concerned. This book is an original, timely and very welcome (juridical) addition to the growing body of Earth system governance literature.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Deputy-Director of the Global Network for the Study of Human Rights and the Environment'Klaus Bosselmann provides a subtle and masterful overview of the limits of contemporary law and nation-state governance in solving our planetary ecological catastrophes. Even better, he offers a range of practical and attractive alternatives, most notably the commons and new forms of trusteeship. We must promptly adopt these new/old legal forms in order to overcome compulsive economic growth and the delusions of national sovereignty, and to honor our actual dependence on the more-than-human world. This book points the way forward.' - David Bollier, author of Think Like a Commoner and cofounder of the Commons Strategies Group 'This book takes a fresh look at governance of the environment, from the long-neglected perspective of international trusteeship: What if sovereign states were not the legal 'owners' of our planet's common natural resources, but mere 'trustees' on behalf of people (present and future) as the ultimate beneficiaries? Thoroughly documented and brilliantly pleaded, Bosselmann's work opens a whole new research agenda on how to hold governments and international organizations accountable to citizens in an age of global environmental democracy.' - Peter H. Sand, University of Munich, Germany The predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance. Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons. This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.

This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic and effective at resolving disputes between mining enterprises and impacted communities. The key to this provocative solution is twofold: the proposal harnesses the power of industry-sponsored dispute mechanisms to reduce the costs and other burdens on home state governments and judicial systems. Critically, civil society actors will be given a role as both advocates and mediators in order to achieve a fair result for those impacted abroad by extractive enterprises. Compelling, engaging and timely, this book presents an innovative approach for regulating the foreign conduct of the extractive sector.

This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the tradeoffs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (ie decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as hydrogen networks, power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. This book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted. With chapters written by leading experts in energy law and policy, the reader-friendly style and engaging discussions will benefit an international audience of policymakers, academics, students and advisers looking for a more incisive understanding of the issues involved in energy transitions and the decarbonisation of energy systems.

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Environmental conflicts over sustainability, environmental impact assessment (EIA), biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR) and reframes the role of law and science. This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts for environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts, and will be valuable to environmental professionals. The book also promotes the use of Indigenous traditional knowledge for resolving conflicts over sustainability, biodiversity and the EIA process. The book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is an issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will of course be of great interest to academics and researchers of environmental studies and environmental law. It will also appeal to the Indigenous community, environmental groups and local communities who are seeking more direct and effective inputs into finding sustainable solutions for environmental conflicts.

This book examines the development and implementation of the EU's legislative framework on the commercial release of GMO products as a case study of social regulation operating within a predominantly technical framework. The analysis and findings are based on an extensive documentary analysis and interviews with regulators, risk assessors, public interest groups and biotechnology experts at the national and European levels. It argues that in the case of the EU biotechnology framework, the particular institutional settings created for the formulation and interpretation of its provisions have been of decisive importance in elaborating a proceduralised 'science-based' prior authorization scheme as the preferred framework for granting commercial permits. This interdisciplinary work will appeal to EU lawyers, decision-makers and risk managers as well as academics working in the fields of EU studies, politics, law, risk governance sociology of science/risk and technology assessment. The book is based on a PhD thesis that was awarded with the 2008 UACES Prize for the Best Thesis in European Studies in Europe and with the EPEES 1st Prize for the Best Thesis written by a Greek Researcher between 2004 and 2008.

This work investigates law as an instrument to deal with the challenges of sea level rise. As the two countries chosen as examples differ significantly in their adaptation strategies and the corresponding legal regulations, the author presents general ideas on how any legal framework facing similar challenges could be improved. In particular, (flood) risk assessments, coastal defences and flood-resistant design as well as spatial and land use planning are discussed, including managed retreat. Moreover, conflicts as well as potential synergies of coastal adaptation and nature conservation are examined.Due to the thorough analysis this book is not just an essential read for policymakers and researchers interested in the coastal area but climate change adaptation in general as many general findings are transferrable to other impacts.

Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved.

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

This book explores a range of plausible futures for environmental law in the new era of the Earth's history: the Anthropocene. The book discusses multiple contemporary and future challenges facing the planet and humanity. It examines the relationship between environmental law and the Anthropocene at governance scales from the global to the local. The breadth of issues and jurisdictions covered by the book, its forward-looking nature, and the unique generational perspective of the contributing authors means that this publication appeals to a wide audience from specialist academics and policy-makers to a broader lay readership.

This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.

Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a 'lens of ecological law' through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.

This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies. Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang

While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the "aurora" of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, "Climate Constitutionalism Momentum: Adaptive Legal Systems" deals with three major means to combat anthropogenic climate change-namely science, politics and law-further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book's primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.

Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China's pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China's environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.

This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national Climate Change Acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for Climate Change Acts that can usefully inform the development of national framework climate legislation in all countries.

The thawing Antarctic continent offers living space and marine and mineral resources that were previously inaccessible. This book discusses how revisiting the Antarctic Treaty System and dividing up the continent preemptively could spare the world serious conflict. The Antarctic Treaty and related agreements-collectively known as the Antarctic Treaty System (ATS)-regulate the seventh continent, which is the only continent without a native human population. The main treaty within the ATS came into force in 1961 and suspended all territorial claims in Antarctica. The Antarctic Environmental Protocol followed in 1998 and prohibited any minerals exploitation in the continent. With this prohibition up for review in 2048, this book asks whether the Antarctic Treaty can continue to protect Antarctica. Doaa Abdel-Motaal-an expert on environmental issues who has traveled through the Arctic and Antarctic-explains that the international community must urgently turn its attention to examining how to divide up the thawing continent in a peaceful manner. She discusses why the Antarctic Treaty is unlikely to be an adequate measure in the face of international competition for invaluable resources in the 21st century. She argues that factors such as global warming, the growth in climate refugees that the world is about to witness, and the increasingly critical quest for energy resources will make the Antarctic continent a highly sought-after objective. Readers will come to appreciate that what has likely protected Antarctica so far was not the Antarctic Treaty but the continent's harsh climate and isolation. With Antarctica potentially becoming habitable only a few decades from now, revisiting the Antarctic Treaty in favor of an orderly division of the continent is likely to be the best plan for avoiding costly conflict. Argues that the Antarctic Treaty, which was opened for signature in 1959, needs to be reconsidered since pressure continues to build for the occupation of the continent and the exploitation of its living and non-living resources Suggests that international conflict over Antarctica is likely in the coming decades, particularly because the ban on mineral resources is up for revision in 2048 Argues that policymakers need to draw lessons from the economic competition the world is now witnessing in the thawing Arctic Ocean