This book offers recent insights into some of the burning issues of our times: climate change, exposure to chemicals, refugee issues and the ecological harm that accompanies conflict situations. It brings together a group of pioneering scholars, mostly legal experts but also thinkers from various scientific disciplines, to discuss concerns from around the globe - from Australia and New Zealand, to Canada and the United States, European countries including Germany, Italy, Britain and the Czech Republic, as well as the African continent. Presenting the latest climate and ecology-related case law, as well as analyses of the conceptual issues that underlie international problems, it covers the extinction of species, the basic role of women and Indigenous peoples in protecting the environment, the failure of today's states to protect the human right to a safe environment and public health, the harm arising from industrial food production, and the problems resulting from a growth-oriented economy. Lastly, the book examines various international legal principles and regulations that have been proposed to defend global ecological rights.

This book provides an in-depth assessment of the modern geopolitics of hydrocarbon resources in the territorial waters of the Eastern Mediterranean, highlighting the current conflicts and disputes in the maritime territories of Egypt, Israel, Lebanon, Cyprus, and Turkey. Further, these geopolitical aspects are analyzed within the broader context of the tensions between and competing interests of big powers such as the USA, Russia, and the European Union. To what extent can major powers influence regional actors and guide them toward rational outcomes? To what extent can economic self-interest contain nationalistic impulses? What are the most practical and sustainable ways of promoting win-win scenarios? This book focuses on such questions and presents a number of clear policy guidelines to help the conflict-laden Eastern Mediterranean region gain a more peaceful and sustainable footing for the greater benefit of the peoples living there.

The commons theory, first articulated by Elinor Ostrom, is increasingly used as a framework to understand and rethink the management and governance of many kinds of shared resources. These resources can include natural and digital properties, cultural goods, knowledge and intellectual property, and housing and urban infrastructure, among many others. In a world of increasing scarcity and demand - from individuals, states, and markets - it is imperative to understand how best to induce cooperation among users of these resources in ways that advance sustainability, affordability, equity, and justice. This volume reflects this multifaceted and multidisciplinary field from a variety of perspectives, offering new applications and extensions of the commons theory, which is as diverse as the scholars who study it and is still developing in exciting ways.

This book presents an important discussion on future options for sustainable soil management in Africa from various perspectives, including national soil protection regulations, the role of tenure rights, the work of relevant international institutions such as the UNCCD and FAO, and regional and international cooperation. This first volume of the new subseries Regional Perspectives to the International Yearbook of Soil Law and Policy includes contributions by African and international experts alike. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy - Regional Perspectives" series discusses central questions in law and politics that concern the protection and sustainable management of soil and land in different regions of the world.

This book presents an important discussion on the implementation of sustainable soil management in Africa from a range of governance perspectives. It addresses aspects such as the general challenges in Africa with regard to soil management; the structural deficiencies in legal, organizational and institutional terms; and specific policies at the national level, including land cover policies and persistent organic pollutants. This fourth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme "sustainable soil management in Africa." In turn, the second part covers recent international developments, the third part presents regional and national reports (i.a. Mexico, USA and Germany), and the fourth discusses cross-cutting issues(i.a. on rural-urban interfaces). Given the range of key topics covered, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level.

The book provides a comprehensive overview of the European Sustainability Model which cannot be properly understood without taking into account the global governance trends surrounding the topic. The author offers a fresh analysis of both theory and praxis of sustainable development in the open-ended process of EU integration by shedding new light on the often-overlooked role that law and legal science should have within the educational and cultural domains. The monograph explores the necessity of new conceptual and methodological approaches in order to understand the emerging educational and cultural challenges when it comes to their integration and intersection with sustainability in today's society, which desperately claims systemic transformations.

This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.

This book proposes that fundamental concepts of institutional law need to be rethought and revised. Contrary to conventional wisdom, international organizations do not need to have members, and the members do not need to be states and international organizations. Private sector entities may, for instance, also be full members. Furthermore, international organizations do not need to possess international legal personality, nor is their autonomy a corollary of their personality. Moreover, the notion of "subject of international law" also needs to be reconsidered and the very concepts and definitions of "intergovernmental organization" and "international organization" need to change and be defined in a wider manner. In this publication the legal implications of membership are analyzed and a new analytical framework for international organizations is proposed. The argument is propounded that the power of creation of new organizations has passed over to international organizations and other entities while an outlook on future development is also presented. Dr. Gerd Droesse is a recognized specialist in institutional law, international administrative law, complex institutional and financial policy matters and corporate governance issues, with over 30 years of experience in working for international organizations in senior and management positions. He was the Legal Counsel/Acting General Counsel of the Green Climate Fund and assisted the World Green Economy Organization as General Counsel in its transition to a new type of intergovernmental organization.

This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. The series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Economic, technological, social and environmental transformations are affecting all humanity, and decisions taken today will impact the quality of life for all future generations. This volume surveys current commitments to sustainable development, analysing innovative policies, practices and procedures to promote respect for intergenerational justice. Expert contributors provide serious scholarly and practical discussions of the theoretical, institutional, and legal considerations inherent in intergenerational justice at local, national, regional and global scales. They investigate treaty commitments related to intergenerational equity, explore linkages between regimes, and offer insights from diverse experiences of national future generations' institutions. This volume should be read by lawyers, academics, policy-makers, business and civil society leaders interested in the economy, society, the environment, sustainable development, climate change, and other law, policy and practices impacting all generations.

This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.

Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.

This book provides a broad understanding of whether law plays a role in influencing patterns of sustainable consumption and, if so, how. Bringing together legal scholars from the Global South and the Global North, it examines these questions in the context of national, transnational and international law, within single and plural legal systems, and across a range of sector-specific issue areas. The chapters identify how traditional legal disciplines (e.g. constitutional law, consumer law, public procurement, international public law), sector-related regulation (e.g. energy, water, waste), and legal rules in specific areas (e.g. eco-labelling and packing) engage with the concept of sustainable consumption. A number of the contributions describe this relationship by isolating a national legal system, while others approach it from the vantage point of legal pluralism, exploring the conflicts and convergences of rules between multiple international treaties (or guidelines) and those between the rules of international and transnational law (or both) vis-a-vis national legal systems. While sustainable consumption is recognised as an important field of interdisciplinary research linking virtually all social science disciplines, legal scholarship, in contrast, has neglected the importance of the field of sustainable consumption to the law. This book fills the gap.

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 A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.

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.

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

This book offers recent insights into some of the burning issues of our times: climate change, exposure to chemicals, refugee issues and the ecological harm that accompanies conflict situations. It brings together a group of pioneering scholars, mostly legal experts but also thinkers from various scientific disciplines, to discuss concerns from around the globe - from Australia and New Zealand, to Canada and the United States, European countries including Germany, Italy, Britain and the Czech Republic, as well as the African continent. Presenting the latest climate and ecology-related case law, as well as analyses of the conceptual issues that underlie international problems, it covers the extinction of species, the basic role of women and Indigenous peoples in protecting the environment, the failure of today's states to protect the human right to a safe environment and public health, the harm arising from industrial food production, and the problems resulting from a growth-oriented economy. Lastly, the book examines various international legal principles and regulations that have been proposed to defend global ecological rights.