The world's freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of 'regional common concern' is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a 'case study' for advancing public international law in order to fulfil its responsibility of promoting international peace and security.

Rafael Leal-Arcas expertly examines the interface of climate change mitigation and international trade law with a view to addressing the question: How can we make best use of the international trading system experience to aim at a global climate change agreement?The insightful book contributes to developing the architecture for a post 2012 global climate agreement and, in doing so, seeks and proposes new approaches to climate change mitigation by linking it to the international trade system. The author suggests the adoption of a bottom-up approach to climate change negotiations by using the evolution of multilateral trade agreements as a model for reaching a global climate treaty. He discusses the innovative approach of inserting climate goals within regional trade agreements, given their proliferation - especially bilateral - in the international trading system. He explains the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation may potentially clash. Climate Change and International Trade will strongly appeal to undergraduate and graduate students of international and European trade law, international and European environmental law as well as social science academics. NGOs, think tanks, practitioners, researchers, and international organizations will also find plenty of valuable information in this timely resource. Contents: 1. Prologue Part I: Setting the Scene 2. The Climate Change Challenge in the Context of International Trade 3. Environmental Protection and the International Trade System Part II: The Current State of Play 4. Legal and Policy Responses to Climate Change 5. Analyzing the Kyoto Protocol Part III: Moving Forward 6. Top-down and Bottom-up Approaches to Climate Change and Trade 7. Regional Trade Agreements and Climate Change 8. Geoengineering the Climate and Possible Trade Implications 9. Recommendations Bibliography Index

Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. These types of crime, however, do not always produce an immediate consequence, and the harm may be diffused. As such, the complexity of victimization - in terms of time, space, impact, and who or what is victimized - is one of the reasons why governments and the enforcement community have trouble in finding suitable and effective responses. This book provides a diverse and provocative array of arguments, critiques and recommendations from leading researchers and scholars in the field of green criminology. The chapters are divided into three main sections: the first part deals with specific characteristics of some of the major types of environmental crime and its perpetrators; the second focuses explicitly on the problem of victimization in cases of environmental crime; and the third addresses the question of how to tackle this problem. Discussing these topics from the point of view of green criminological theory, sociology, law enforcement, community wellbeing, environmental activism and victimology, this book will be of great interest to all those concerned about crime and the environment.

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.

Few criminologists have drawn attention to the fact that widespread and significant forms of harm such as green or environmental crimes are neglected by criminology. Others have suggested that green crimes present the most important challenge to criminology as a discipline. This book argues that criminology needs to take green harms more seriously and to be revolutionized so that it forms part of the solution to the large environmental problems currently faced across the world. It asks how criminology should be redesigned to consider green/environmental harm as a key area of study in an era where destruction of the earth and the world's ecosystem is a major concern and examines why this has remained unaccomplished so far. The chapters in this book apply an environmental frame of reference underlying a green approach to issues which can be addressed from within criminology and which can encourage criminologists and environmentalists to respond and react differently to environmental crime.

Few criminologists have drawn attention to the fact that widespread and significant forms of harm such as green or environmental crimes are neglected by criminology. Others have suggested that green crimes present the most important challenge to criminology as a discipline. This book argues that criminology needs to take green harms more seriously and to be revolutionized so that it forms part of the solution to the large environmental problems currently faced across the world. It asks how criminology should be redesigned to consider green/environmental harm as a key area of study in an era where destruction of the earth and the world's ecosystem is a major concern and examines why this has remained unaccomplished so far. The chapters in this book apply an environmental frame of reference underlying a green approach to issues which can be addressed from within criminology and which can encourage criminologists and environmentalists to respond and react differently to environmental crime.

The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.

Climate change poses fundamental and varied challenges to all communities across the globe. The adaptation and mitigation strategies proposed by governments and non-governmental organisations are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation. The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. The book brings together experts to present perspectives from different disciplines on the issue of international climate change law and policy. Beginning from the premise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices, the book showcases innovative ideas from across the disciplines and investigate the link between the efficacy of international legal and policy mechanisms on climate change and cultural legitimacy. The book includes chapters on with a theoretical basis as well as specific case-studies from around the globe. The topics covered include: land use planning as a tool of enhancing cultural legitimacy, indigenous peoples in international environmental negotiations, transnational advocacy networks, community-based forestry management and culture and voluntary social movements.

The first protocol to the UN Framework Convention on Climate Change (UNFCCC) was adopted in Kyoto in 1997 and entered into force in February 2005. It is a unique international law instrument which sets legally binding targets for the reduction of emissions of greenhouse gases which contribute to climate change. The targets are unprecedented in an environmental agreement and will involve substantial financial commitment in virtually all industrialized country parties to the protocol. The Kyoto Protocol is also the first international agreement to include economic instruments which are designed to involve private sector entities and assist parties to meet their targets. These economic instruments, known as the Kyoto or flexible mechanisms, are Joint Implementation (JI), the Clean Development Mechanism (CDM), and International Emissions Trading. The Kyoto Protocol defined these mechanisms but did not set out the details necessary for their operation. After protracted negotiations, detailed rules were finalized at the Seventh Session of the UNFCCC Conference of the Parties held in Marrakech in 2001. The Marrakech Accords run to almost 250 pages but still leave many important practical issues unaddressed. As the 2008-2012 commitment period of the Kyoto Protocol draws close more and more projects under CDM and JI are being developed to take advantage of the Kyoto mechanisms and the key issues and problems are now becoming more apparent. Drawing on the emerging body of expertise in this complex area, this book conveys a knowledge of what is becoming known as 'Carbon Finance'. It thereby aims to contribute to the development of the market for carbon emission reductions - one of the objectives of the Kyoto mechanisms.

This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.

The Clean Development Mechanism (CDM) is widely regarded as one of the Kyoto Protocol's best creations and as an essential part of the international climate change regime. The CDM has been constantly evolving to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The over 6,000 registered projects under the CDM are estimated to have generated almost US$200 billion of investment in developing countries and are expected to achieve GHG emission reductions of about 6.8 billion tonnes. Nevertheless, the CDM is not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries. This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of international law to identify the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. Based on these investigations, Tomilola Akanle Eni-Ibukun breaks new ground in defining equitable distribution under the CDM and exploring how key obstructions to the equitable distribution of projects may be overcome. The book will be of particular interest to academics and policymakers of climate change and the CDM within international law.

This book analyses the status and prospects of the global governance of Access Benefit Sharing (ABS) in the aftermath of 2010's Nagoya Protocol to the Convention on Biological Diversity (CBD). The CBD's initial 1992 framework of global ABS governance established the objective of sharing the benefits arising from the use of genetic resources fairly between countries and communities. Since then, ABS has been a contested issue in international politics - not least due to the failure of effective implementation of the original CBD framework. The Nagoya Protocol therefore aims to improve and enhance this framework. Compared to the slow rate of progress on climate change, it has been considered a major achievement of global environmental governance, but it has also been coined a 'masterpiece of ambiguity'. This book analyses the role of a variety of actors in the emergence of the Nagoya Protocol and provides an up-to-date assessment of the core features of the architecture of global ABS governance. This book offers a central resource regarding ABS governance for those working on and interested in global environmental governance. This is achieved by focusing on two broad themes of the wider research agenda on global environmental governance, namely architecture and agency. Furthermore, individual chapter contributions relate and link ABS governance to other prominent debates in the field, such as institutional complexes, compliance, market-based approaches, EU leadership, the role of small states, the role of non-state actors and more. Partly due to its seeming technical complexity, ABS governance has so far not been at the centre of attention of scholars and practitioners of global environmental governance. In this book, care is taken to provide an accessible account of key functional features of the governance system which enables non-specialists to gain a grasp on the main issues involved, allowing the issue of ABS governance to move centre-stage and be more fully recognised in discussions on global environmental governance.

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Benedicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

Tropical coral reefs are important ecosystems. They are economically important to coastal communities living in predominantly developing countries, and also provide shoreline protection, catalyse land formation enabling human habitation, act as a carbon sink and are a repository for genetic and species diversity rivalling rainforests. In the face of mounting man-made pressure from pollution, climate change and over-exploitation, these ecosystems increasingly need action to be taken to ensure their conservation and long term sustainable development. International Environmental Law and the Conservation of Coral Reefs breaks new ground by providing the first in-depth account of the ways in which multilateral environmental treaty regimes are seeking to encourage and improve the conservation of tropical coral reef ecosystems. In so doing, the work aims to raise the profile of such activities in order to reinforce their status on the environmental agenda. The book also has wider implications for international environmental law, arguing that sectorial legal action, provided it remains co-ordinated through a global forum that recognises and reflects the inter-connections between all elements of the natural environment, is the most effective way for international law to enhance the conservation of certain habitats. This book will be invaluable to environmental lawyers, legal researchers, marine conservationists and other stakeholders in coral reefs.

This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.

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.

A search for new methods for dealing with climate change led to the identification of forest maintenance as a potential policy option that could cost-effectively reduce greenhouse gas emissions, with the development of measures for Reducing Emissions from Deforestation and Forest Degradation (REDD). This book explores how an analysis of past forest governance patterns from the global through to the local level, can help us to build institutions which more effectively deal with forests within the climate change regime. The book assesses the options for reducing emissions from deforestation in developing countries under the international climate regime, as well as the incentives flowing from them at the national and sub national level and examines how these policy levers change human behaviour and interface with the drivers and pressures of land use change in tropical forests. The book considers the trade-offs between certain forestry related policies within the current climate regime and the larger goal of sustainable forestry. Based on an assessment of existing multi-level institutional forestry arrangements, the book questions how policy frameworks can be better designed in order to effectively and equitably govern the challenges of deforestation and land degradation under the global climate change regime. This book will be of particular interest to students and scholars of Law and Environmental Studies.

The editor takes an excitingly broad and refreshing approach to environmental justice, tracing the subject from its early developments to its contemporary need for a new non-anthropocentric ontology responsive to questions of human-non-human justice. This invaluable study includes 24 of the best available research articles in the field and offers a stimulating journey into the rich ambiguities, tensions and promise of environmental justice for the 21st century and beyond.

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

International Marine Mammal Law is a comprehensive, introductory volume on the legal regimes governing the conservation and utilisation of marine mammals. Written as a textbook, it provides basic overviews of international conservation law, which enable the reader to understand the greater implications of governance of a specific group of species. Paired with biological information on some marine mammal species, the international regimes for whales, seals and polar bears are explored - either as part of global regimes of international environmental governance or as regimes that were specifically designed for them. The book concludes with outlooks on the future of international marine mammal law, particularly in light of Japan's withdrawal from the International Convention for the Regulation of Whaling in July 2019.

Addressing three central questions of legal policy, this is an interesting and comprehensive analysis of the need to control and regulate tobacco consumption. The core issues of the book are litigation vs. regulation with a comparative analysis of the US and European approaches; the challenge to regulate tobacco as a lawful product within constitutional limits to promote the reduction of risks to health and the extent to which consumers should be entrusted with information to make their own informed choices. Suggesting dialogue and transparency in policy development, this book covers advertising, psychology, ethics, economics and health in addition to the central debate about the litigation and regulation of tobacco and the role of consumer protection law and private law.

This timely book examines the legal and policy challenges in international, regional and national settings, faced by developing countries in mitigating and adapting to climate change. With contributions from over 20 international scholars from developing and developed countries, the book tackles both long-standing concerns and current controversies. It considers the positions of developing countries in the negotiation of a new international legal regime to replace the Kyoto Protocol and canvasses various domestic issues, including implementation of CDM projects, governance of adaptation measures and regulation of the biofuels industry. Through a unique focus on the developing world, this book makes a significant contribution to understanding current challenges and future directions of climate law. It will prove a stimulating read for legal academics, undergraduate and graduate law students as well as policymakers interested in the role of developing countries in climate change law. The book originates from an international conference on Climate Law in Developing Countries Post-2012, co-sponsored by the IUCN Academy of Environmental Law, the University of Ottawa Faculty of Law and Osgoode Hall Law School. The book is part of the ongoing mandate of the IUCN Academy of Environmental Law to generate collaborative research on the most pressing issues in environmental law.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water.

The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.

In this topical collection, Professor Dinah Shelton brings together seminal articles published since the Stockholm Conference on the Human Environment that discuss and debate the linkages between human rights and environmental protection. This comprehensive research review successfully encompasses the various approaches and thinking of the leading scholars in the field. This authoritative and timely book will be of great interest to lawyers, policy-makers, advocates and academics and will serve as an excellent reference tool for anyone with an interest in human rights and the environment.