The basic assumption of this book is that the organization of a negotiation process matters. The global negotiations on climate change involve over 180 countries and innumerable observers and other participants, addressing enormously complex and economically vital issues with conflicting agendas. For the UN to create an effective and well-supported international regime has required enormous and very skilful organization: factors such as the role of the Chair, the choice of negotiating arenas, the rules for the conduct of business and the approach of negotiating texts are usually taken for granted, and rarely attract attention until something goes wrong. This book explores how the negotiations were organized to produce the Kyoto Protocol to the Climate Change Convention and the subsequent Bonn Agreements and Marrakesh Accords. The author draws out the lessons and implications for other intricate and far-reaching negotiations, not all of which have succeeded so far, such as the WTO trade negotiations at Seattle and Cancun. This is essential reading for all participants in and organizers of international negotiations; and for researchers and students of international relations, climate change and environmental studies.

This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.

Whales are regarded as a totemic symbol by some nations and as a natural marine resource by others. This book presents a complex picture of legal problems surrounding the interpretation of the International Convention for the Regulation of Whaling and the role of its regulatory body, the International Whaling Commission. Contemporary whaling is about the competing interests of whaling nations (which are in the minority), non-whaling nations (which are in the majority) and indigenous peoples. Whales are covered by many international conventions, which has led to a very fragmented legal situation and does not necessarily ensure that whales are protected. This is one of the paradoxes of the contemporary international legal regime which are explored in this book. The book also examines the contentious issue of the right of indigenous peoples to whaling and questions whether indigenous whaling is very different from commercial practices.

Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.

Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.

Saving endangered species presents a critical and increasingly pressing challenge for conservation and sustainability movements, and is also matter of survival and livelihoods for the world's poorest and vulnerable communities. In 1973, a global Convention on International Trade in Endangered Species (CITES) was adopted to stem the extinction of many species. In 2015, as part of the Sustainable Development Goals (SDG 15) the United Nations called for urgent action to protect endangered species and their natural habitats. This volume focuses on the legal implementation of CITES to achieve the global SDGs. Activating interdisciplinary analysis and case studies across jurisdictions, the contributors analyse the potential for CITES to promote more sustainable development, proposing international and national regulatory innovations for implementing CITES. They consider recent innovations and key intervention points along flora and fauna value chains, advancing coherent recommendations to strengthen CITES implementation, including through the regulation of trade in endangered species globally and locally.

International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.

The Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.

The essays selected for this volume illustrate the growing interest in and importance of crime that is both environmental and transnational in nature. The topics covered range from pollution and waste to biodiversity and wildlife crimes, and from the violation of human rights associated with the exploitation of natural resources through to the criminogenic implications of climate change. The collection provides insight into the nature and dynamics of this type of crime and examines in detail who is harmed and what can be done about it. Differential victimisation and contemporary developments in environmental law enforcement are also considered. Collectively, these essays lay the foundations for a criminology that is forward looking, global in its purview, and that deals with the key environmental issues of the present age.

Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource.
Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries.
This book seeks to conceive of and analyze freshwater regulation in a broader context, and go beyond a literature that either lauds or criticizes ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

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.

While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.

The monograph analyzes international relations in the Arctic from two perspectives: cooperation and competition. The following question was asked: does rivalry outweigh cooperation in the Arctic or is it the other way round; do the entities manage to gain the benefits of cooperation? The authors pose the hypothesis that States and the Arctic actors should cooperate with each other in the light of the prisoner's dilemma of obtaining tangible benefits, but the more probable, and definitely more possible variant of absence of such a cooperation or breaking the cooperation is rivalry, which in the short-term gives an advantage over other players, but in the long-term causes losses.

Governance of Genetic Resources maps out a landscape of the international governance of genetic resources. It shows what governance efforts currently exist, what is missing, which areas are problematic, and outlines what the international community should be aiming for in regard to its future development and implementation.The book begins by exploring the historical development of international genetic resources governance and considers why the area has become so significant and complex. It goes on to analyze the current situation and develop recommendations on what governance efforts should be achieving for the future. This timely study will be of interest to students and academics concerned with the management of genetic resources and its connection to issues such as intellectual property rights, biodiversity conservation and food security. It will appeal strongly to academic researchers in the fields of international relations, international law and global governance, environmental science, development studies, and the biosciences. The book will also appeal to policy-makers and practitioners, particularly those working in or with international organizations involved in genetic resources governance and to national decision makers seeking information on the international context for genetic resources management. Contents: 1. Introduction Part I: Resources and Issues for International Governance of Genetic Resources 2. Resources 3. Issues Part II: Current Landscape of Genetic Resources Governance . Actors 5. Rules 6. Emerging Trends and Initiatives 7. Problems and Implications Part III: Improved Governance 8. Improved Governance 9. Conclusion References Index

This book provides an up-to-date critical analysis of the integration of environmental policies into US free trade agreements. The work focuses on the evolution of the design of environmental policies and analyzes their effectiveness. Starting with the North American Free Trade Agreement (NAFTA) leading to the Trans-Pacific Partnership (TPP), the book examines the history of policy integration. In doing so, it provides an overview of the major trade-related environmental policies and presents empirical research on their effectiveness, a discussion of the continued demand for policy integration in light of the effectiveness, and recommendations for addressing shortcomings. The main objective of the book is to inform the ongoing policy debate over integration of environmental policies into trade agreements. The current renegotiation of NAFTA provides an opportune time for undertaking this critical review of trade-related environmental policies. As our understanding and knowledge of the environmental policies associated with US trade agreements, in particular for NAFTA, has grown significantly over the past twenty-five years, this book provides a timely and critical update for this policy debate. Students and scholars of environmental law, trade and economics, and specifically US trade, environmental policy and law will find this book of great interest.

The Encyclopedia of Global Environmental Governance and Politics surveys the broad range of environmental and sustainability challenges in the emerging Anthropocene and scrutinizes available concepts, methodological tools, theories and approaches, as well as overlaps with adjunct fields of study. This comprehensive reference work, written by some of the most eminent academics in the field, contains 68 entries on numerous aspects across 7 thematic areas, including concepts and definitions; theories and methods; actors; institutions; issue-areas; cross-cutting questions; and overlaps with non-environmental fields. With this broad approach, the volume seeks to provide a pluralistic knowledge base of the research and practice of global environmental governance and politics in times of increased complexity and contestation. Providing its readers with a unique point of reference, as well as stimulus for further research, this Encyclopedia is an indispensable tool for anyone interested in the politics of the environment, particularly students, teachers and researchers. Contributors: K.W. Abbott, C. Adelle, L. Andonova, S. Andresen, W.F. Baber, K. Backstrand, R.V. Bartlett, I. Baud, S. Bauer, S. Beck, M. Beisheim, D. Benson, S. Bernstein, K. Biedenkopf, F. Biermann, K. Booth, U. Brand, P.-O. Busch, S. Chan, K. Chelminski, J. Clapp, D. Compagnon, D. Cordell, V. Cornelissen, E. Dellas, S. Dietz, R. Eckersley, R. Floyd, D.J. Frank, V. Galaz, K. Genskow, S. Godin-Beekman, A. Gupta, J. Gupta, R. Haluza-DeLay, A. Hironaka, M. Isailovic, M. Ivanova, A. Jerneck, K. Joensson, A. Jordan, S. Karlsson-Vinkhuyzen, M. Kok, A. Kronsell, M. Lang, S. Lim, J. Lister, K. Magyera, A. Mert, D. Moran, G. Nagtzaam, T. Nielsen, M. Nilsson, C. Okereke, T. Oliver, L. Olsson, P.H. Pattberg, J. Pinkse, A. Prakash, O. Renn, K. Rosendal, M.A.F. Ros-Tonen, D. Rothe, E. Schofer, B. Siebenhuner, N. Simon, J. Stel, H. Stevenson, O.S. Stokke, K. Szulecki, M.W.Tvedt, A. Underdal, T. Van de Graaf, D. Van Vuuren, P. Vellinga, P. Wapner, E. Weinthal, J. Wettestad, S. White, O. Widerberg, F. Zelli

Nanotechnology promises to transform the materials of everyday life, leading to smaller and more powerful computers, more durable plastics and fabrics, cheap and effective water purification systems, more efficient solar panels and storage batteries, and medical devices capable of tracking down and killing cancer cells or treating neurological diseases. Policy analysts predict a radical change in the industrial sector; at present, the U.S. government spends nearly $2 billion annually on nanotechnology research and development. Yet the nanotechnology revolution is not straightforward. Enthusiasm about nanotechnology s future is tempered by recognition of the hurdles to its responsible development, including the capacity of government to support technological innovation and economic growth while also addressing potential environmental and public health impacts. This is the first volume to engage scholarly perspectives on environmental regulation in light of the challenges posed by nanotechnology. Contributors focus on the overarching lessons of decades of regulatory response, while posing a fundamental question: How can government regulatory systems satisfy the desire for scientific innovation while also taking into account the direct and indirect effects of 21st century emerging technologies, particularly in the face of scientific uncertainties? With perspectives from economics, history, philosophy, and public policy, this new resource illuminates the various challenges inherent in the development of nanotechnology and works towards a reconceptualization of government regulatory approaches."

Non-governmental organizations (NGOs) play an increasingly prominent role in addressing complex environmental issues such as climate change, persistent bio-accumulative pollutants, and the conservation of biodiversity. At the same time, the landscape in which they operate is changing rapidly. Markets, and direct engagement with industry, rather than traditional government regulation, are often the tools of choice for NGOs seeking to change corporate behavior today. Yet these new strategies are poorly understood-by business, academics, and NGOs themselves. How will NGOs choose which battles to fight, differentiate themselves from one another in order to attract membership and funding, and decide when to form alliances and when to work separately? In Good Cop/Bad Cop, Thomas P. Lyon brings together perspectives on environmental NGOs from leading social scientists, as well as leaders from within the NGO and corporate worlds, to assess the state of knowledge on the tactics and the effectiveness of environmental groups. Contributions from Greenpeace, Rainforest Action Network, the Environmental Defense Fund, and the World Wildlife Fund describe each organization s structure and key objectives, and present case studies that illustrate how each organization makes a difference, especially with regard to its strategies toward corporate engagement. To provide additional perspective, high-level executives from BP and Ford share their views on what causes these relationships between companies and NGOs to either succeed or fail. For students of the social sciences and NGO practitioners, this book takes an important step in addressing an urgent need for objective study of NGO operations and their effectiveness.

Enrolling over 30 million acres, the U.S. Conservation Reserve Program (CRP) is the largest conservation program in the United States. Under the guidelines of the CRP, the federal government pays farmers to stop farming their land in the hopes of achieving a variety of conservation goals, including the reduction of soil erosion, improvement of water quality, and creation of wildlife habitat. In Conserving Data, James T. Hamilton explores the role of information in the policy cycle as it relates to the CRP. The author asks how the creation and distribution of information about what is going on across these millions of enrolled acres has influenced the development of the program itself. Of the many CRP stakeholders, each accesses a different set of information about the CRP s operations. Regulators have developed the Environmental Benefits Index as a rough indicator of a field s conservation benefits and adopted that measure as a way to determine which lands should be granted conservation contracts. NGOs have used publicly available data from these contracts to show how CRP monies are allocated. Members of Congress have used oversight hearings and GAO reports to monitor the Farm Service Agency s conservation policy decisions. Reporters have localized the impact of the CRP by writing stories about increases in wildlife and hunting on CRP fields in their areas. Conserving Data brings together and analyzes these various streams of information, drawing upon original interviews with regulators, new data from Freedom of Information Act requests, and regulatory filings. Using the CRP as a launch point, Hamilton explores the role of information, including 'hidden information, ' in the design and implementation of regulatory policy

Nanotechnology promises to transform the materials of everyday life, leading to smaller and more powerful computers, more durable plastics and fabrics, cheap and effective water purification systems, more efficient solar panels and storage batteries, and medical devices capable of tracking down and killing cancer cells or treating neurological diseases. Policy analysts predict a radical change in the industrial sector; at present, the U.S. government spends nearly $2 billion annually on nanotechnology research and development. Yet the nanotechnology revolution is not straightforward. Enthusiasm about nanotechnology's future is tempered by recognition of the hurdles to its responsible development, including the capacity of government to support technological innovation and economic growth while also addressing potential environmental and public health impacts. This is the first volume to engage scholarly perspectives on environmental regulation in light of the challenges posed by nanotechnology. Contributors focus on the overarching lessons of decades of regulatory response, while posing a fundamental question: How can government regulatory systems satisfy the desire for scientific innovation while also taking into account the direct and indirect effects of 21st century emerging technologies, particularly in the face of scientific uncertainties? With perspectives from economics, history, philosophy, and public policy, this new resource illuminates the various challenges inherent in the development of nanotechnology and works towards a reconceptualization of government regulatory approaches.

This book is the first effort to develop a broad and deep perspective on the emerging space occupied by "non-state actors" in China in the context of global environmental governance. It will serve as a primer both for scholars seeking to understand China's environmental governance system and for practitioners working with policymakers and administrators within that system. Individual chapters explore what works in achieving social change, domestically as well as globally, and will provide guidance to activists and directors of NGOs as well as scholars.

Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.