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.

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.

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 volume identifies existing statist approaches and political economies of river management in South Asia. These rivers are heavily suffering from millions of people who in contrast consider them as holy and worship them. Edited by Professor Imtiaz Ahmed, the contributors of this book from India, Nepal and Pakistan are leading readers on a journey through the transboundary rivers of South Asia where rivers are vital for the life and living. The book explains why the region needs a framework for cooperation on the wellbeing of these rivers. River management is the key to sustaining healthy river systems. The authors stress that right of the rivers must be codified and guaranteed by the state and the people in South Asia. However, the statist approach to the transboundary rivers in South Asia actually conceives them as national rivers. This volume contributes to the current campaign of overcoming the water dystopias in South Asia.

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 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.

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 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.

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.

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy and philosophical issues presented by geoengineering. The book asks: when, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by what moral and legal right? If states or private actors undertake geoengineering ventures absent the blessing of the international community, what recourse do the rest of us have?

Economic production indicators such as gross domestic product (GDP) and the Human Development Index (HDI) fail to reflect the state of natural resources or ecological conditions and both focus exclusively on the short term. The Inclusive Wealth Report 2014 is the second book in an important biennial series that provides a new framework for measuring the inclusive wealth of nations. It provides an overview of how the capital asset components of inclusive wealth evolved between 1990 and 2010, and analyses the meaning of these trends for sustainability. While the asset base studied is largely unchanged from the 2012 report, the country sample has been expanded from 20 to 140 nations and the focus has shifted from natural to human capital. This report offers a wealth of information for researchers and policy-makers, identifying key gaps in data and knowledge, and suggesting specific needs for future research.

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.

Cities play a pivotal but paradoxical role in the future of our planet. As world leaders and citizens grapple with the consequences of growth, pollution, climate change, and waste, urban sustainability has become a ubiquitous catchphrase and a beacon of hope. Yet, we know little about how the concept is implemented in daily life particularly with regard to questions of social justice and equity. This volume provides a unique and vital contribution to ongoing conversations about urban sustainability by looking beyond the promises, propaganda, and policies associated with the concept in order to explore both its mythic meanings and the practical implications in a variety of everyday contexts. The authors present ethnographic studies from cities in eleven countries and six continents. Each chapter highlights the universalized assumptions underlying interpretations of sustainability while elucidating the diverse and contradictory ways in which people understand, incorporate, advocate for, and reject sustainability in the course of their daily lives."

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.

Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.

This book, the first in a new series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing recent progress in the development of domestic regulatory regimes for biosafety. It also examines the legal, political, economic, and practical challenges and solutions encountered in recent efforts to develop and implement domestic biosafety regulations, with a focus on developing countries. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines recent developments in biosafety law and policy.

Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.

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 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.

Hurricane Katrina slammed into the Gulf Coast in August 2005 with devastating consequences. Almost all analyses of the disaster have been dedicated to the way the hurricane affected New Orleans. This volume examines the impact of Katrina on southern Mississippi. While communities along Mississippi's Gulf Coast shared the impact, their socioeconomic and demographic compositions varied widely, leading to different types and rates of recovery. This volume furthers our understanding of the pace of recovery and its geographic extent, and explores the role of inequalities in the recovery process and those antecedent conditions that could give rise to a 'recovery divide'. It will be especially appealing to researchers and advanced students of natural disasters and policy makers dealing with disaster consequences and recovery.

With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.

This book represents the collected works of Environmental and Resource Management (ERM) Alumni as well as young professionals and researches who are involved in the field of ERM. The connecting theme of these works is the successful implementation of ERM in a wide range of issues including: energy innovation and management, climate change response and sustainable development aspects of resource management in developing countries. This book aims to expose some of the research outputs of ERM Alumni and present perspectives and critical questions of ERM application. The research results can provide empirical bases on which ERM study programmes and/or working environments can be problematised in order to more effectively meet the objectives of ERM. The intended audience of this volume is wide including potential and current ERM students who want to understand how ERM is being applied; and teachers and researchers who want to understand the roles and interactions of ERM Alumni and their workplace.

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy and philosophical issues presented by geoengineering. The book asks: when, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by what moral and legal right? If states or private actors undertake geoengineering ventures absent the blessing of the international community, what recourse do the rest of us have?

With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges.This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events.

Today, climate change is among the most hotly-debated topics. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. This book discusses what China should do to make full use of the CDM to promote sustainable development and to meet the challenge of climate change from a legal perspective. The findings lead to the conclusion that the CDM has limitations in promoting sustainable development in China, and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward, and some proposals for China to meet the challenge of climate change in the post-2012 era are made. This book offers new insights to academics and policymakers both in the public and private sector. It is intended for legal practitioners and researchers on carbon trading as well as policymakers interested in the role of developing countries in climate change law. In addition, it is of interest to stakeholders of CDM projects.