Indigenous Water Rights in Law and Regulation responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples' rights included in contemporary regulatory regimes for water. This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to 'commoditise' the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular 'legal person' models. This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples' rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvement with, water in comparative law.

The first volume of the International Environmental Law Reports focuses on early decisions. It includes all the well known, and some lesser known, international decisions relevant to international environmental law prior to the 1970s, with a summary of each decision. Volume 1 also includes a number of very early national decisions considered important in the development of international environmental law, either because they were the background against which international decisions were shaped or because they are often referred to but are not widely available in English. Other decisions are included in because they illustrate of national views of the content and direction of international law at the beginning of the twentieth century. This is the first ever collection devoted to international environmental law decisions, an essential work of reference collecting all relevant materials in one place.

The Convention on International Trade in Endangered Species (CITES) is the best known and most controversial of international conservation treaties. Since it came into force 25 years ago, debate has raged over its most basic assumptions. CITES treats the international trade in wildlife as the most important threat to the continued existence of wild species. It offers a prescription of trade bans and restrictions for endangered species. However, it is now generally acknowledged that for most species habitat loss is a much more significant threat. Some argue that the CITES remedy actually exacerbates the problem by removing the incentive to conserve wildlife habitat. This collection of essays, the first of its kind, charts the controversies and changes within CITES. It provides case studies of the way CITES has dealt with particular species and notes the growing role of the South in shaping the direction of the treaty. It considers the role of sustainable use, the precautionary principle and unilateralism within CITES. Finally, it examines options for the future of CITES. Implicit within a number of the contributions is the recognition that questions of wildlife conservation cannot be divorced from wider issues of land use, development and social justice. This book provides an essential resource for policy makers, practitioners, academics and students concerned with conservation, development and trade.

Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North-South cooperation, as well as South-South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

This volume takes a fresh look at climate change as a threat to peace and its impacts on cultural heritage and cultural diversity. It proceeds under the assumption that the impacts of climate change on cultural heritage and cultural diversity may challenge sustainable global peace. As innovative feature, the interdisciplinary nexus between cultural heritage and peace is explicitly taken account of. Accordingly, corresponding threats on climate change and conflict on the one hand, and protection of cultural property and climate change on the other, are pulled together into one conceptual triangle. While the importance of the protection of cultural heritage in armed conflicts tends to become more and more recognized, the crucial role of cultural policy as a reconciliatory, proactive element of building and securing of sustainable peace has so far been largely underestimated. This volume brings together opinions of renowned experts in the fields of international law as well as natural sciences, engineering, humanities and social sciences. The focus lays on the legal and institutional challenges faced by national and international stakeholders, by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in particular. Moreover, it alludes to broader issues of mitigation, adaptation and resilience.

This state-of-the-art Dictionary defines terms employed in international agreements, national legislation and scholarly legal studies related to comparative and international environmental law and the emerging law of climate change. In acknowledgement of China's growing role in this arena, each term also includes its pinyin translation in order to facilitate access to the Mandarin variants.The international community is developing increasingly complex environmental provisions and participating in a number of international treaties and agreements related to environmental law and regulation. The complicated and highly specific nature of environmental law has led to the development of localized terminology that is not easily understood outside its country of origin. Jointly prepared by scholars in China and the US, the Dictionary provides a linguistic bridge between English and Chinese speakers as well as an essential reference for those interpreting and applying international environmental law, multilateral environmental agreements, and domestic laws that implement these treaties. Students, scholars and practitioners in the area of environmental law will find this groundbreaking Dictionary an invaluable addition to their libraries.

Das Buch befasst sich mit den Vorgaben des internationalen Wasserrechts fur Abkommen zwischen Anrainerstaaten uber die Nutzung und Bewirtschaftung gemeinsamer Wasserlaufe. Der aktuelle Stand des internationalen Wassergewohnheitsrechts wird dargelegt und der Regelungsgehalt der UN-Wasserlaufkonvention erlautert, Abkommen auf regionaler und wasserlaufspezifischer Ebene werden skizziert. Anschliessend werden die bisherigen Nilvertrage und das noch nicht in Kraft getretene Kooperationsrahmenabkommen fur den Nil dargestellt, rechtlich gewurdigt und auf ihre UEbereinstimmung mit dem internationalen Wasserrecht untersucht. Auch die eingehende Prufung einer Vertragsnachfolge Sudsudans ist Teil der Darstellung. Schliesslich wird das voelkerrechtliche Leitprinzip zur Nutzungsverteilung, der Grundsatz ausgewogener und angemessener Nutzung, auf den Nil angewandt und dazu konkretisiert. Die Arbeit zeigt auf, inwieweit dieser Grundsatz ein Konzept fur eine Nutzungsverteilung in der Praxis zu liefern vermag.

Forests are important for their own values as ecosystems and for their contributions to the welfare of humankind. Dr. Rowena Maguire's book is a significant contribution to our understanding of the extent to which forests can be and indeed are, managed sustainably. It brings together clearly and authoritatively the doctrinal concepts supporting sustainable forest governance from rights of sovereignty and property through public and private sector regulatory mechanisms to the increasing use of market arrangements. This detailed analysis is set, among others, in the context of climate change. It is an impressive and substantial contribution to what has so far been a relatively limited literature on how an important natural resource is managed.' - Douglas Fisher, Queensland University of Technology, Australia'Sustainable forest management is an attractive concept used in this book to frame the interdisciplinary and contextualized study of the role of a range of actors, institutions and regimes which contribute to regulating the use of forests around the world. This book effectively provides an important, broad and legal critique and assessment of transnational trends, structures and innovations currently in use for managing forests. Its conclusions provide wide ranging insights that not only clarify and critique the potential of existing strategies and trends for legally managing forests but for governance of cosystems more generally as humanity gradually acknowledges its role in the anthropocene.' - Afshin Akhtarkhavari, Griffith University, Australia Global Forest Governance provides insightful legal analysis of the current key policy trends and the challenges surrounding international forest regulation. This book identifies the fundamental legal principles and the governance requirements of sustainable forest management. An analytical model for assessing forest regulation is created which identifies the doctrinal concepts that underpin forest regulation (justice, property, sovereignty and governance). It also highlights the dominant public international institutions involved in forest regulation (UNFF, UNFCCC and WB) which is followed by analysis of non-state international forest regulation (forest certification and ecosystem markets). The book concludes by making a number of practical recommendations for reform of global forest governance arrangements and suggested reforms for individual international forest institutions. This book will appeal to academics, policymakers, international environmental researchers, government officials involved in forest regulation and environmental regulation more broadly.

Die Untersuchung enthalt eine rechtliche Systematisierung grenzuberschreitender administrativer Informationsverfahren am Beispiel des europaischen Umweltrechts. Im Umweltrecht der Gemeinschaft werden viele verschiedene Begriffe fur die Erhebung und die Weitergabe von Informationen verwendet, ohne dass auf den ersten Blick einer einheitlichen Systematik gefolgt wurde. Diese Begriffe sind Bestandteil von Rechtsvorschriften, sie konnen aber schwerlich als Rechtsbegriffe bezeichnet werden. Zudem ist das Gemeinschaftsrecht im bestandigen Wandel. Je umfassender und detaillierter das Regelwerk der Gemeinschaft wird und je kurzer dessen Halbwertzeit, desto notiger ist es, in den einzelnen Teilbereichen Grundstrukturen herauszuarbeiten, die eine gewisse Orientierung geben. Die vorliegende Arbeit enthalt fur den Bereich der Verwaltungskooperation eine solche Systematisierung und rechtliche Einordnung. Die Autorin bettet dabei diese rechtlichen Fragestellungen in Erkenntnisse anderer Wissenschaftsbereiche ein. "

Remarkable advances are being made in life science and agricultural research to reform the methods of food production, particularly with regard to staple grain and legume crops, in ways that will better reflect ecological realities. However, advances in science may be insufficient to ensure that these possibilities for agricultural reform are realized in practice and in a sustainable way. This book shows how these can only be achieved through changes in legal norms and institutions at the global level. Interdisciplinary in character, the book draws from a range of issues involving agricultural innovation, international legal history and principles, treaty commitments, global institutions, and environmental challenges, such as climate change, to propose broad legal changes for transforming global agriculture. It first shows how modern extractive agriculture is unsustainable on economic, environmental, and social grounds. It then examines the potential for natural-systems agriculture (especially perennial-polyculture systems) for overcoming the deficiencies of modern extractive agriculture, especially to offset climate change. Finally it analyses closely the legal innovations that can be adopted at national and international levels to facilitate a transition from modern extractive agriculture to a system based more on ecological principles. In particular the author argues for the creation of a Global Convention on Agroecology.

This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.

Why do people obey the law? And why do states abide by their international commitments? These are among the questions raised in this important book. The setting is the Barents Sea, home to some of the most productive fishing grounds on the planet, including the world's largest cod stock. Norway and Russia manage these fish resources together, in what appears to be a successful exception to the rule of failed fisheries management: stocks are in good shape, institutional cooperation is expanding and takes place in a constructive atmosphere. The author argues that post-agreement bargaining helps activate norms and establish standard operating procedure that furthers precautionary fisheries management. The Barents Sea fishery is seen as one of the best-managed international fisheries in the world, and the book specifically enquires into the lessons to be learned from the Norwegian-Russian partnership. It will therefore prove to be of invaluable interest to practitioners, scholars and policy makers working in the field of fisheries management and environmental agreements.

Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity. Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed. Thus, these activities require comprehensive policies, laws, and principles to manage them effectively. Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels. Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation. With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment. Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes. This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea. It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject.

This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association. The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to transboundary groundwater resources. He also addresses the growing global dependence on this hidden resource, as well as both the historical and scientific context for development of the law. The book provides case examples throughout to illustrate the various concepts and developments. These include more detailed examinations of the few existing transboundary aquifer agreements in operation, such as for aquifers between France and Switzerland and Jordan and Saudi Arabia, as well as aquifers in North Africa and in South America.

This book responds to the call for more research on transnational environmental crime and its governance by investigating the illegal trade in electronic waste (e-waste) and tropical timber, major forms of transnational environmental crime. The book is based on a qualitative multi-method research combining document analysis, interviews with key informants and field visits. Bisschop focuses on the flows that pass through the research setting of the Port of Antwerp (Belgium) and those between Europe and West and Central Africa. The study examines the emergence and social organization of these transnational environmental flows, illustrating that although profit or lure play a very important role, a range of factors on individual, organizational and societal levels together provide the motivations and opportunities. Building on these insights, the book addresses the governance of these two cases. The responsive regulatory pyramid and networked governance are used as theoretical frameworks for this analysis. This book is essential reading for scholars and academics interested in transnational environmental crime and corporate crime, as well as governance studies.

This book intends to inform the key participants in extractive projects - namely, the communities, the host governments and the investors - about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.

The recent tendency toward increasingly ample international environmental regulation has led to effects of overlapping and inconsistency among treaties, particularly as regards common spaces. The purspose of this study is to examine to what extent contemporary international treaty law provides for environmental protection within the context of the unique legal status of the Antarctic. The book analyzes relevant conventions focusing on different sources of pollution, liability, regulation of environmental conservation and resource exploitation. The treaty survey demonstrates the complexity existing in relation to the Antarctic Treaty System and the difficulties of applying global regimes in a legally and environmentally distinctive region.

This book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for people movement (migration, displacement, relocation, etc.). Climate Change and People on the Move tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change. Corrective and distributive justice provide the analytical backbone, and are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e. insurance). Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of re-distribution may stem. This book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to the impacts of climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.

Introduction to International Environmental Law provides a concise overview of international environmental law and the relations and agreements among nations to facilitate environmental protection. Beginning by exploring the history nature and sources of international environmental law, Professor Koivurova moves on to consider the key principles as well as examining the implementation and effectiveness of international environmental law in practice. It considers how international environmental law has developed away from other branches of international law which are heavily based on state sovereignty, in order to more effectively facilitate environmental protection and concludes by posing questions about the future of the field. Taking a concise, accessible approach throughout and employing case studies drawn from a global range of examples, this book is the ideal first point of entry to the context, principles and issues of this important subject.

Umfassende Darstellung und rechtliche W rdigung des Biosafety-Protokolls sowie seiner Auswirkungen auf das Welthandelssystem der WTO. Im ersten Teil wird eine Einf hrung in die Gr ne Gentechnik," ihre Grundlagen, Chancen und Risiken gegeben; der zweite Teil behandelt dann das Biosafety-Protokoll, seine Entstehung, Inhalte und Einbindung in das internationale Regelungsgeflecht. Im Anschluss daran werden die Auswirkungen des Protokolls auf das System der WTO analysiert.

Der Autor nimmt eine Bestandsaufnahme und kritische Analyse volkerrechtlicher Instrumente und Regeln fur nationale und internationale Verfahren zur Beilegung von Konflikten uber grenzuberschreitende Umweltprobleme vor. Er setzt sich mit den besonderen Anforderungen auseinander, die der grenzuberschreitende Umweltschutz an die Streitbeilegung stellt, und untersucht eingehend die herkommlichen Methoden der friedlichen Streitbeilegung, innovative Methoden der Normdurchsetzung durch Non-Compliance Mechanismen und volkerrechtliche Regeln fur die Einbeziehung der betroffenen Personen, Unternehmen und Organisationen in nationale wie internationale Verfahren. Im Mittelpunkt der Analyse stehen zum einen der Umgang mit Konflikten, die gemeinsame Interessen der Staatengemeinschaft betreffen, und zum anderen Mechanismen, die den Interessenausgleich unmittelbar zwischen den Betroffenen ermoglichen."

Although concerns over the ecological impacts of pesticides gave rise to the environmental movement of the late 1960s and 1970s, since that time, pesticide use and its effects have been largely ignored by the law and by legal scholars. This book addresses this omission by providing a unique and serious treatment of the significance of pesticide issues in environmental law and takes an ecological perspective on the legal issues. Dealing with a wide range of questions relating to pests and pesticides, the book focuses primarily on agricultural pesticide use as the largest contaminator in the US. It also examines the legacy of past pesticide use and analyzes how recent developments in ecological science can inform the law and increase our understanding of ecology. Interdisciplinary in its approach, the book will be of interest to academics, lawyers, scientists and environmental and agricultural professionals.

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.