This path-breaking book focuses on the law and legal doctrine within the wider policy context of water resources and analyses the concept of sustainability. To achieve the sustainable use and development of water resources is a daunting challenge for both global and local communities. It requires commitments from all groups within international, national and local communities from their own particular, possibly conflicting, perspectives. Without a set of coherent legal arrangements designed to ensure effective governance of water resources, their sustainable use and development is unlikely to be achieved. Douglas Fisher considers how legal arrangements for managing water resources have evolved across the continents over hundreds of years. He explores their relevance for contemporary society; how the norms of current international and national legal regimes are responding; and, most importantly, how legal rights and duties should be structured so as to achieve sustainability in the future. This detailed textual and linguistic analysis of legal doctrines and instruments in relation to water resources will be invaluable for international and national water resources policy analysts, water resource managers and water resource lawyers. Students of water resource management, sustainable development and sustainability will also find this book of great interest to them.

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.

The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going - Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.' - Donald K. Anton, The Australian National University College of Law'This is a remarkable publication wherein some of the world s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.' - Malgosia Fitzmaurice, Queen Mary University of London Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia. This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law. Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

International energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy. This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means. Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hober, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. Yafimava

This book provides a new approach to thinking about the politics and geographies of climate governance. It argues that in order to understand the nature and potential of the range of new responses to climate change emerging at multiple scales we need to examine how governance is accomplished - how it is undertaken, practised and contested. Through a range of case studies drawn from communities, corporations and local government, the book examines how climate change comes to be governed and made to matter as an issue with which diverse publics should be concerned. It concludes that rather than seeking the solution to climate change once and for all, we need to engage with the ways in which we can channel our intentions to ameliorate the climate problem to more progressive ends. The book will be of interest to researchers, advanced students and policy makers across the social sciences.

The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal institutions and governments been unable to address and correct these problems? Jan Laitos reviews the history of our relationship with the natural environment and develops new ways of thinking about nature and its protection. Instead of proceeding with human-based goals, Laitos argues that we should protect environmental resources for their own intrinsic value. Instead of giving humans more and more rights to clean up the environment, and to halt resources depletion, a right of nonuse held by the resource itself should be created. Natural resources have always possessed this parallel nonuse function, and society should recognize and legitimize it.

It is increasingly clear that the world of climate politics is no longer confined to the activities of national governments and international negotiations. Critical to this transformation of the politics of climate change has been the emergence of new forms of transnational governance that cut across traditional state-based jurisdictions and operate across public and private divides. This book provides the first comprehensive, cutting-edge account of the world of transnational climate change governance. Co-authored by a team of the world's leading experts in the field and based on a survey of sixty case studies, the book traces the emergence, nature and consequences of this phenomenon, and assesses the implications for the field of global environmental politics. It will prove invaluable for researchers, graduate students and policy makers in climate change, political science, international relations, human geography, sociology and ecological economics.

As climate change begins to take a serious toll on the planet--with much more damage yet to come--a solution to our warming problems is hiding in plain sight. We need to commit to de-carbonizing our economy, and do so immediately, but so far we have lacked the courage to really try. Our fears of nuclear energy have grown irrationally large, even as our fears of climate change are irrationally small. In this clear-sighted and compelling book, Joshua Goldstein and Steffan Qvist come bearing good news: a real solution, one that is fast, cheap, and provably works. Based on Sweden's success cutting their carbon emissions in half, Goldstein and Qvist argue for a policy that combines nuclear and renewable energy sources. From 1970-1990, Sweden replaced coal power plants with nuclear ones, and slowly integrated renewable energy alongside it. During that same time period, the country generated more electricity than ever and its economy grew by 50 percent. They have had no nuclear accidents, nor has any of their uranium been stolen by terrorists. Separating facts from doomsday scenarios, Goldstein and Qvist force a real and meaningful dialogue about what the best energy policy is, and the dangers of remaining on our present path. And they offer an answer that really could work--if only we'd give it a try.

This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing. Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.

This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural� is more than “agricultural�: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.

This book investigates the potential need for an international convention on forests and establishes a multifunctional concept of forests as a cornerstone for international forest regulation. Accordingly, it examines a variety of international instruments pertaining directly or indirectly to forests and explores their entangled, fragmented nature. While contending that the lack of consistency in international law impedes the development of a stand-alone international forest convention, at the same time it argues that the lessons learned from fragmentation as well as from the history of forest discourse on the international level open up new options for the regulation of forests in international law, based on (new) concepts of coordination and cooperation.

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.

This book examines the role of The International Maritime Organization (IMO) in the prevention and control of pollution of the marine environment from vessels with a particular reference to the current north-south tensions regarding the strategy for combating climate change in the maritime sector as well as the prevention of marine pollution from the ship-breaking industry. The IMO, a United Nations specialized agency, has been entrusted with the duty to provide machinery for cooperation among governments for the prevention and control of pollution of the marine environment from vessels. The organization is responsible for drafting legal instruments as well as for facilitating technical cooperation for the protection of the marine environment. Although IMO legal instruments are mainly targeted at the prevention of pollution of the marine environment from vessels, there is a trend towards a liberal interpretation of this, and the organization has expanded its work to areas like shipbreaking, which is essentially a land-based industry.

The causes and effects of climate change are just as varied as the proposed solutions and approaches for dealing with the problem. Given the global character of climate change, comprehensive global cooperation is called for that leads to effective and appropriate international action in accordance with the respective responsibilities. These will inevitably differ depending on the capabilities and the social and economic situations of the respective actors. The contributions in this book present a variety of ideas, approaches and tools regarding the adaptation to climate change in specific countries and regions. In addition to examining (existing) legal instruments, they also focus on the implementation of economic instruments and planning tools, as well as their (further) development. Rather than simply discussing strategies to counteract climate change by reducing emissions, the authors also search for ways of actively adapting to climate change.

The book offers a succinct overview of key topics and core concepts for food scientists, quality managers, and others who need to understand the regulation of food and dietary supplements in the U.S. It was designed and modeled after a six-week introduction to food law course currently taught at Northeastern University, and serves as a practical tool for regulatory professionals. The book includes a chapter on each major topic, with summations of the legislative history and general legal landscape. Each chapter focuses the reader on major and emerging issues encountered by facilities. A comparative law section at the end of every chapter offers readers an ability to view alternative methods of regulation and enforcement. This design is unique and allows students and working professionals alike to understand core concepts and the practical application of the law to their work. Using a modified casebook method approach, the book also serves as a practical tool for regulatory professionals.

Most of the world’s redundant ships are scrapped on the beaches of the Indian sub-continent, largely by hand. As well as cargo residues and wastes, ships contain high levels of hazardous materials that are released into the surrounding ecology when scrapped. The scrapping process is labour-intensive and largely manual; injuries and death are commonplace. Ship breaking was a relatively obscure industry until the late 1990s. In just 12 years, action by environmental NGOs has led to the ratification of an international treaty targeting the extensive harm to human and environmental health arising from this heavy, polluting industry; it has also produced important case law. Attempts to regulate the industry via the Basel Convention have resulted in a strong polarization of opinion as to its applicability and various international guidelines have also failed because of their voluntary nature. The adoption of the Hong Kong Convention in 2009 was a serious attempt to introduce international controls to this industry.

The Arctic region plays an important role in regulating the world's climate and is also highly impacted by climate change, with average temperatures rising almost twice as fast as the rest of the world and sea ice melting much faster than previously predicted. These rapid changes will have significant impacts on human activity in the region and on the Arctic marine environment. This book draws on the results of the 2008-2009 Arctic TRANSFORM project, funded by the European Commission's Directorate General of External Relations, which engaged experts in a transatlantic discussion on the roles of the European Union and United States in light of the Arctic's changing climate and political and legal complexities. . The book addresses the significant changes and developments in the marine Arctic, with descriptions and recommendations reflecting the current governance environment. A comprehensive overview of environmental governance and sustainable development in the Arctic is created. Chapters explore impacts and activities by sector, looking at fisheries, shipping, and offshore hydrocarbon in the Arctic, and at policy options and strategies for improving marine governance in the region. A particular focus is given to the roles of the European Union and United States and opportunities for cooperation to enhance Arctic environmental governance. .

This book presents the results of the Interdisciplinary Research Group "Society - Water - Technology" of the Berlin-Brandenburg Academy of Sciences and Humanities. It describes interdisciplinary evaluation criteria for major water engineering projects (MWEPs) and portrays an application to the Lower Jordan Valley (Middle East) and the Fergana Valley (Central Asia). Both areas are characterised by transboundary conflicts, by challenges due to demographic and climate change and by political and societal pressures. Based on the findings, the book provides recommendations for science and political decisions makers as well as for international financing institutions. In addition, it outlines research gaps from an interdisciplinary perspective. In the past, MWEPs have been used as an instrument to cope with the demands of growing populations and to enhance development progress. Experiences with MWEPs have shown that a purely technical approach has not always brought about the desired results. In many cases, MWEPs have even resulted in negative implications for society and environment. Therefore, improved management strategies and enhanced technologies for a sustainable water resource management system are a prerequisite to meet present and future challenges. And, moreover, the continuous evaluation and optimisation of these measures is, likewise, a must.

Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.

Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution "The human right to water and sanitation". To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.

This book analyzes the legal and economic situation concerning the removal and allocation of the natural resources in the Caspian Sea - the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with great fishery resources, but is also rich in oil and gas deposits. The economic advantages gained from the development of oil and gas are the basis for the economic and social development of the riparian states, but also cause significant transboundary harm to the ecosystem of the Caspian Sea. The book contends that, if the local environment grows more heavily contaminated through the extraction of mineral resources, it could lead to environmentally induced violence. It describes the ongoing conflicts, which are primarily due to various riparian states' territorial claims concerning the extraction of oil and gas resources, and argues that the current legal framework on the use and protection of the Caspian Sea is obsolete. Thus, the main objective of the book is to point out corresponding international legal mechanisms that could be used in order to settle these disputes and protect the Caspian Sea's fragile environment from transboundary harm.

This volume investigates who can be considered responsible for historical emissions and their consequences, and how and why this should matter for the design of a just global climate policy. The authors discuss the underlying philosophical issues of responsibility for historical emissions, the unjust enrichment of the earlier developed nations, and questions of transitional justice. By bringing together a plurality of perspectives, both in terms of the theoretical understanding of the issues and the political perspectives on the problem, the book also presents the remaining disagreements and controversies in the debate. Providing a systematic introduction to the debate on historical emissions and climate change, this book provides an unbiased and authoritative guide for advanced students, researchers and policymakers in climate change justice and governance, and more widely, for anyone interested in the broader issues of global justice.

"This is, for my money, the best single-source primer on the state of climate change." (New York Magazine) "The right book at the right time: accessible, comprehensive, unflinching, humane." (The Daily Beast) "A must-read." (The Guardian) The essential primer on what will be the defining issue of our time, CLIMATE CHANGE: What Everyone Needs to Know (R) is a clear-eyed overview of the science, conflicts, and implications of our warming planet. From Joseph Romm, Chief Science Advisor for National Geographic's Years of Living Dangerously series and one of Rolling Stone's "100 people who are changing America," CLIMATE CHANGE offers user-friendly, scientifically rigorous answers to the most difficult (and commonly politicized) questions surrounding what climatologist Lonnie Thompson has deemed "a clear and present danger to civilization." Questions about climate change addressed in this guide include: * How will climate change affect day-to-day life in the coming decades? * What are the implications of owning coastal property in the age of climate change? * Is retirement to South Florida (or the U.S. Southwest, or even Southern Europe) safe? * What are the implications of the United States' withdrawal from the Paris climate treaty? * What does Donald Trump's presidency mean for climate action in the United States and around the globe? * Are efforts to combat climate change making a difference? As the global response to climate change continues to evolve, CLIMATE CHANGE: What Everyone Needs to Know (R) offers smart, unblemished answers to the most difficult questions in an area dogged by misunderstanding and politicization.

This book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.