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.

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.

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.

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.

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.

Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner. Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights. Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhaes, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. Wu

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.

With the rapid growth of the renewable energy sector, it has become increasingly important to understand how renewable energy is defined in national laws around the world and what regulatory mechanisms these countries are deploying to achieve their renewable energy goals. In Renewable Energy Law: An International Assessment, Penelope J. Crossley compares the national renewable energy laws for each of the 113 countries that have such a law, shedding light on the question of whether energy laws are converging globally to facilitate trade or engaging in regulatory competition. The book includes over sixty extracts from different national laws, case studies on the European Union and the Chinese wind sector, and many examples of the particular challenges facing specific countries. This work should be read by scholars, policymakers, regulators, employees of commercial entities operating in the energy sector, and anyone else interested in the legal and regulatory landscape of renewable energy.

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

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.

The North American Free Trade Agreement (NAFTA) and its companion agreement, the North American Agreement on Environmental Cooperation (NAAEC), provide important and often underappreciated protection for the environmental laws of the Party states: Canada, Mexico, and the United States. On the twentieth anniversary of NAFTA's ratification, this book assesses the current state of environmental protection under those agreements. Bringing together scholars, practitioners, and regulators from all three Party states, it outlines the scope and process of NAFTA and NAAEC, their impact on specific environmental issues, and paths to reform. It includes analyses of the impact of the agreements on such matters as bioengineered crops in Mexico, assessment of marine environmental effects, potential lessons for China, climate change, and indigenous rights. Together, the chapters of this book represent an important contribution to the global conversation concerning international trade agreements and sustainable development.

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 central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.

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.