There are few topics as controversial as globalisation. It is meant to bring economic growth and solve a range of social, cultural and humanitarian problems. However, there are significant debates in relation to the extent that the reality of globalisation reflects this idealized vision. In particular, globalisation has produced a highly interdependent world, rendering state boundaries meaningless and challenging the ideology and limits of certain areas of international law. This book will provide the opportunity to address some of the multifaceted issues provoked by the issue of globalisation. The book is an exploration of the intricate nexus that emerges as a result of globalisation, inextricably linking together issues of international law, human rights, environmental law and international trade law. Bringing together a number of experts in the field, the book focuses on the areas of social justice and environmental justice, and explores the links that exists between the two and the effect of globalisation on these areas. A variety of topics are addressed throughout the chapters of this book - including biodiversity, the law of the sea, biotechnology, child labour, the rights of women, corporate social responsibility, terrorism and counter-terrorism, water resources, intellectual property rights and the role of non-government organisations. As globalisation has many facets and actors, the contributions to the book engage with interdisciplinary research to deal with the various challenges identified, and critically explore both the potential of globalisation as a vehicle of sustainable and equitable development.

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

In this thought-provoking new book, career U.S. State Department negotiator Richard J. Smith offers readers unprecedented access to the details about some of the most complex and politically charged international agreements of the late and immediate post Cold War era. During his nine years as Principal Deputy Assistant Secretary in the Bureau of Oceans and International Environmental and Scientific Affairs, Smith led U.S. negotiations on many significant international agreements. In Negotiating Environment and Science, Smith presents first-hand, in-depth accounts of eight of the most high-profile negotiations in which he was directly involved. The negotiations Smith covers are wide-ranging and include the London agreement to amend the Montreal Protocol on Substances that Deplete the Ozone Layer, the international space station agreement, the U.S.-Soviet (eventually, U.S.-Russian) agreement on scientific cooperation, the U.S.-Canada acid rain agreement, the negotiations in Sofia, Bulgaria that established a first link between human rights and the environment, and a contentious confrontation with Japan over driftnet fishing. Smith chronicles the development of these negotiations, the challenges that emerged (as much within the U.S. delegations as with the foreign partners), and the strategies that led to substantive treaties. Smith infuses his narrative with unique historical insight as well as astute observations that can guide U.S. strategies toward productive international agreements in the future. His book also highlights the shift in diplomatic focus over the past 25 years from arms control and other security-related agreements to international and trans-boundary agreements that address global environmental threats and promote cooperative approaches in science and technology. Written for an audience with a general interest in environmental issues as well as international relations, Negotiating Environment and Science will also be an important resource for historians, political scientists, and students in international law and diplomacy.

Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997

Mountains are the home of significant ecological resources - wildlife habitat, higher elevation plant systems, steep slopes, delicate soils and water systems. These resources are subject to very visible and growing pressures, most of which are caused by the unique features of mountains. Using as case studies four mountain resorts in the US and Canada, this book analyzes the extent to which the law protects the ecological systems of mountains from the adverse impacts associated with the development, operation and expansion of resorts. In order to examine these issues, Mountain Resorts takes an interdisciplinary approach, with contributions from ecologists and lawyers who focus on ski-related activities, increasing four-season use of the mountains and expanding residential, commercial and recreational development at the mountains' base. Its analysis of an array of US and Canadian federal, state and local laws provides a multifaceted exploration of the intersection of ecology and the law at mountain resorts.

This title was first published in 2000: In examining the domestic politics of international co-operation, this book addresses two important questions: 1. Why do governments often take different positions in negotiations about common problems - why do some states push for international regulation while others hold back? 2. How can variance in the domestic implementation of and compliance with, international agreements be explained - why do some states deliver more than they have promised, others less? The authors report findings and observations from a major study which focused on efforts to establish international regulations to cope with the problem known as acid rain. They provide in-depth case studies of nine European countries as well as a comparative analysis searching for patterns and general conclusions.

The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement's evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.

Environmental migration is not new. Nevertheless, the events and processes accompanying global climate change threaten to increase human movement both within states and across international borders. The Inter-governmental Panel on Climate Change has predicted an increased frequency and severity of climate events such as storms, cyclones and hurricanes, as well as longer-term sea level rise and desertification, which will impact upon people's ability to survive in certain parts of the world. This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.

Global findings estimate that 80 per cent of marine pollution originates from land-based sources and is trans-boundary in nature. These problems persist in spite of a number of legal and policy initiatives taken to protect the marine environment. This volume explores the applications and shortcomings of current international regimes in addressing these issues. The book identifies the sources and effects of land-based marine pollution and analyzes the problems of controlling them. Management principles, policy and regulation are examined at both regional and international level. The author discusses the strengths and weaknesses of existing regimes and advances a more effective international legal framework. The text provides a valuable insight into an important area of international environmental law. It will be of interest to researchers and policy-makers working in this area.

This book seeks to better understand how International Environmental Law regimes evolve. The authors address throughout the major environmental, economic, and political tensions that have both shaped and constrained the evolution of international environmental policy within regimes, and its expression in international legal rule and norm development. Readers will gain an increased understanding of the growing role played by non-state actors in global environmental governance, including environmental non-government organisations, scientists, the United Nations, and corporations. The authors also look ahead to the future of International Environmental Law, evaluating key challenges and decisions that the discipline will face. The text is clear, concise, and accessible. It is ideally suited to students and professionals interested in International Environmental Law, and individuals who are intrigued by this dynamic area of law.

Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas. The focus rests on whether and how evolving regimes, including that based in the UN Fish Stocks Agreement, meet the scientific, regulatory, and compliance-related goals of effective management - and the significance of regime interplay in this regard.

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.

This important work satisfies the need for a thorough assessment of environmental justice concerns at the global level. Using three international environmental case studies, the book extends the theory of environmental justice, commonly used in domestic settings, to the international arena of environmental law, policy and politics. Spanning the traditional boundaries between political science, international relations, international law, international political economy and policy studies, this text is intended primarily for scholars of environmental justice, national and international policymakers, businesses, activists and students of international environmental law, public policy and political economy of the third world.

This book examines international climate change mitigation and adaptation regimes with the aim of proposing fair climate stability implementation strategies. Based on the current endeavors to finance climate change mitigation and adaptation around the world, the author introduces a 3-dimensional climate justice approach to share the benefits and burdens of climate change equitably within society, across the globe and over time.

This textbook provides a concise introduction for students with little or no legal background, to the role of law in environmental protection. It describes and explains law and legal systems, the concept of the environment, sources of environmental law and some of the techniques used in environmental law. Interdisciplinary in approach, the book explores some of the major connections between law and the disciplines of ethics, science, economics and politics.
Environment and Law offers a greater understanding of international and national environmental law and has case studies from all over the world, including examples from UK, US and Australian law.

Why self-regulation? With the advent of such concepts as design for the environment, industrial ecology, and the recognized enlightened self-interest that voluntary compliance brings, it is in any company's best interest to avoid fines, liabilities, and bad publicity. Consumer concern and pressure from the marketplace give a competitive advantage to companies that pursue self-regulatory initiatives such as ISO 14001. Bottom line, voluntary compliance saves your organization time and money.
Written by a senior environmental manager at a Fortune 500 company, Industry Self-Regulation and Voluntary Environmental Compliance examines environmental regulation through a review of compliance and enforcement theory. Case studies of four leading programs illustrate the use of self-regulation as a compliance tool. The author highlights industry best practices, identifies the key elements of a successful self-regulation program and focuses on the benefits.
Today's political environment has shown that to be successful environmental policy must move to the next level, one in which we take advantage of voluntary self-regulation initiatives and focus on environmental improvement. Industry Self-Regulation and Voluntary Environmental Compliance shows you how to create a voluntary self-regulation program that will result in your organization becoming a star company.

This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the extent to which consumers purchase more sustainably. In doing so, this book goes beyond a rationalist understanding of the interpretation and application of EU law. Rational approaches have severely impacted the interpretation and application of EU law. Practice shows, however, that the implications of using a noncritical application of rationalist approaches in the interpretation and application of EU competition law, EU consumer law, and EU fundamental rights law to sustainability labels may have an inhibiting effect on sustainable consumption. The book offers remedies to overcome this inhibitive effect by critically applying insights from cognitive science and behavioral economics in the legal interpretation and application of EU law.

'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.' - Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith

Human population growth is a serious biospheric problem yet is largely overlooked. Because of the neglect of demography, environmental policies - while well-intentioned - are unlikely to succeed. This book gives a concise review of world fertility rates and population growth, and offers a valuable summary of studies of the impact of over-population on the biosphere. In addition, the book explains key demographic variables to consider when formulating law and government policy relevant to childbearing, and it summarizes findings of social science research - findings that contradict popular assumptions about the impact of government interventions addressing the frequency of childbearing and immigration.

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States' diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders' role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

In 1989 the international community banned the international trade in elephant ivory; three years later the ban was renewed. Dr. Harland believes the ivory ban is the most controversial--and most misunderstood--piece of international wildlife law ever made. His book, Killing Game, seeks to unravel some of the misunderstandings, and it attempts to determine if international law can be an effective tool for the conservation of wildlife and if international law has served the African elephant well. Part I is an extended investigation of how and why international law is used so badly by the conservation community, and how it could be used better. Here Dr. Harland focuses on the problem of which laws are complied with and which are not; in the process he shows the importance of factors of compliance in determining the degree to which laws will be followed. In Part II he examines the status of the African elephant in international law in light of these factors. This book will be of interest to those involved in formulating international law, as well as the conservation community in general.

Contents:
Chapter One: Introduction Chapter Two: The Scientific and Ethical Dimensions of the Greenhouse Effect Chapter Three: State Responsibility for Environmental Harm Chapter Four: International Liability of Injurious Consequences Arising Out of Acts Not Prohibited by International Law Chapter Five: Human Rights ane the Environment Chapter Six: Common Heritage of Mankind Chapter Seven: Rio: An Opportunity Lost? Chapter Eight: Conclusion

Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.