This innovative collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection. Written by a wide range of contributors who have approached the subject from fresh theoretical and practical perspectives, the essays examine how these permutations of justice have influenced policy choices relating to topics like climate change, protection of the stratospheric zone, trade and the conduct of warfare. The significance of participatory rights as a medium for the realisation of environmental justice is given extended treatment, and the contributors also assess the congruence between environmental justice and structural issues, such as gender, class, state borders and, on a global scale, North-South relations. The book will inform and stimulate debate on an important-yet-neglected aspect of the environmental discourse, and is highly recommended for researchers and students of international and domestic law, political science and international relations.

The new edition of this market-leading textbook includes a revised introduction and updated chapters with new research and insights. Four new case studies of twenty-first-century genocides bring this horrific history up to the present moment: the genocide perpetrated by the government during Argentina's "Dirty War," the genocide of the Yazidis by the Islamic State of Iraq and Syria (ISIS), genocidal violence against the Rohingya in Myanmar, and China's genocide of the Uyghurs. Powerful survivor testimonies bring the essays to life and help readers grapple with the difficult lessons presented throughout the book.

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.

This book presents an argument for environmental human rights as the basis of intergenerational environmental justice. It argues that the rights to clean air, water, and soil should be seen as the environmental human rights of both present and future generations. It presents several new conceptualizations central to the development of theories of both human rights and justice, including emergent human rights, reflexive reciprocity as the foundation of justice, and a communitarian foundation for human rights that both protects the rights of future generations and makes possible an international consensus on human rights, beginning with environmental human rights. In the process of making the case for environmental human rights, the book surveys and contributes to the entire fields of human rights theory and environmental justice.

This book presents an important discussion on urbanization and sustainable soil management from a range of perspectives, addressing key topics such as sustainable cities, soil sealing, rehabilitation of contaminated soils, property rights and liability issues, as well as trading systems with regard to land take. This third volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which explores several aspects of the topic "urbanization and sustainable management of soils." The second part then covers recent international developments, while the third part presents regional and national reports, and the fourth discusses cross-cutting issues. Given the range of key topics covered, the book offers an indispensible 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.

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers' affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

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 book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

The potential conflict among economic and ecological goals has formed the central fault line of environmental politics in the United States and most other countries since the 1970s. The accepted view is that efforts to protect the environment will detract from economic growth, jobs, and global competitiveness. Conversely, much advocacy on behalf of the environment focuses on the need to control growth and avoid its more damaging effects. This offers a stark choice between prosperity and growth, on the one hand, and ecological degradation on the other. Stopping or reversing growth in most countries is unrealistic, economically risky, politically difficult, and is likely to harm the very groups that should be protected. At the same time, a strategy of unguided "growth above all" would cause ecological catastrophe. Over the last decade, the concept of green growth - the idea that the right mix of policies, investments, and technologies will lead to beneficial growth within ecological limits - has become central to global and national debates and policy due to the financial crisis and climate change. As Daniel J. Fiorino argues, in order for green growth to occur, ecological goals must be incorporated into the structure of the economic and political systems. In this book, he looks at green growth, a vast topic that has heretofore not been systematically covered in the literature on environmental policy and politics. Fiorino looks at its role in global, national, and local policy making; its relationship to sustainable development; controversies surrounding it (both from the left and right); its potential role in ameliorating inequality; and the policy strategies that are linked with it. The book also examines the political feasibility of green growth as a policy framework. While he focuses on the United States, Fiorino will draw comparisons to green growth policy in other countries, including Germany, China, and Brazil.

This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums - including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders' rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

Sean D. Murphy's wide-ranging and in-depth survey of United States practice in international law in the period 1999-2001 draws upon the statements and actions of the executive, legislative and judicial branches of the United States Government to examine its involvement across a range of areas. These include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, and human rights. Available for the first time in one compendium, this summary of the most salient issues (including the Kosovo conflict) will be a central source of information about US practice in international law. This volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners is the first in a series of books capturing the international law practice of a global player.

Volume 9 of the EYIEL focusses on natural resources law understood as a special area of international economic law. In light of increasing conflicts over access to and the use of natural resources and of their impact on political, social and environmental aspects, the contributions of this volume analyse to which extent international economic law can contribute to the sustainable exploitation, management and distribution of natural resources. The volume collects contributions on general principles of natural resources law, the importance of natural resources for trade, investment and European economic law as well as analyses of particular sectors and areas including fracking, timber, space and deep seabed mining and natural resources in the arctic region. In its section on regional developments, EYIEL 9 addresses two regional integration systems which are usually not at the centre of public interest, but which deserve all the more attention due to their special relations with Europe: The Eurasian Economic Union and the Caribbean Community (CARICOM). Further EYIEL sections address recent WTO and investment case law as well as developments at the IMF. The volume also contains review essays of important recent books in international economic law and other aspects of international law which are connected to international economic relations. The chapter "Sovereignty, Ownership and Consent in Natural Resource Contracts: From Concepts to Practice" by Lorenzo Cotula is open access under a CC BY 4.0 license via link.springer.com.

This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states' attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.

This book provides a concise and up-to-date overview of environmental noise control issues, utilizing specific case studies from India to help explore noise mapping and monitoring, impact analysis, and policy, among other relevant topics. The book provides an extensive review of recent studies, including references, and describes the latest noise monitoring structures. It also addresses heretofore under-emphasized topics, including but not limited to acoustic metrology, Multi Attribute Decision Making (MADM) techniques, and sound insulation utilizing passive control strategies.

Provides a comprehensive overview of Legal Instruments for Biodiversity Beyond National Jurisdiction, an important development in international law.

The legal arrangements applying to the economic and commercial aspects of managing natural resources have traditionally been unrelated to those applying to the management of ecosystems and the protection of the environment. However, the interface between what have increasingly been described as economic law and environmental law has become an issue of both practical and theoretical importance at all levels of the legal system. Dr Felicity Deane's global analysis of the relationship between emissions trading law and the law of the World Trade Organization is both timely and important. She skillfully reviews the range of complex legal issues. The result is a significant contribution to the legal literature.' - Douglas Fisher, Queensland University of Technology, AustraliaEmissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO. Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks. Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context. The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management. This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights. Contributors include: N. Bankes, A. Belinskij, H. Coetzee, E. Couzens, M. Couzens, D. Curran, L. Dai, D. Fisher, E.J. Hollo, I. Kornfeld, L. Kotze, T. Kuokkanen, S. Mascher, E.N. Nyanchaga, M. Onestini, T. Paloniitty, M. Reese, B. Schmidt, M. van Rijswick, P. Vihervuori

This book is the most updated and comprehensive look at efforts to protect the Amazon, home to half of the world's remaining tropical forests. In the past five years, the Basin's countries have become the cutting edge of environmental enforcement through formation of constitutional protections, military operations, stringent laws, police forces, judicial procedures and societal efforts that together break through barriers that have long restrained decisive action. Even such advances, though, struggle to curb devastation by oil extraction, mining, logging, dams, pollution, and other forms of ecocide. In every country, environmental protection is crippled by politics, bureaucracy, unclear laws, untrained officials, small budgets, regional rivalries, inter-ministerial competition, collusion with criminals, and the global demand for oils and minerals. Countries are better at creating environmental agencies, that is, than making sure that they work. This book explains why, with country studies written by those on the front lines-from national enforcement directors to biologists and activists.

Climate change will fundamentally affect every area of human endeavor, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. The volume also examines the impacts of climate change on the underlying principles and processes of international law, including those relating to the making and enforcement of international law and to third party dispute resolution. The book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximize its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policymakers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximize our international legal and policy responses to it. Contributors: J. Brunnee, M.-C. Cordonier Segger, E. Crawford, A. Edwards, M.W. Gehring, C. Gray, J. Hepburn, E. Hey, K. Hulme, S. Humphreys, R. Lefeber, F. Lyall, A. Naude Fourie, H.M. Osofsky, R. Rayfuse, C. Redgwell, S.V. Scott

The first volume of the International Environmental Law Reports focuses on early decisions. It includes all the well known, and some lesser known, international decisions relevant to international environmental law prior to the 1970s, with a summary of each decision. Volume 1 also includes a number of very early national decisions considered important in the development of international environmental law, either because they were the background against which international decisions were shaped or because they are often referred to but are not widely available in English. Other decisions are included in because they illustrate of national views of the content and direction of international law at the beginning of the twentieth century. This is the first ever collection devoted to international environmental law decisions, an essential work of reference collecting all relevant materials in one place.

This book intends to inform the key participants in extractive projects - namely, the communities, the host governments and the investors - about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.

The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development centred approach, The Contribution of International Fisheries Law to Human Development, is essential reading for all those involved in the fields of international environmental law and sustainable human development.

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.