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Books > Law > International law > Public international law > International environmental law
As one of the world's largest and most bio-diverse countries, India's approach to environmental policy will be very significant in tackling global environmental challenges. This book explores the transformations that have taken place in the making of environmental policy in India since the economic liberalization of the 1990s. It investigates if there has been a slow shift from top-down planning to increasingly bottom up and participatory policy processes, examining the successes and failures of recent environmental policies. Linking deliberation to collective action, this book contends that it is crucial to involve local actors in framing the policies that decide on their rights and control over bio-resources in order to achieve the goal of sustainable human development. The first examples of large-scale participatory processes in Indian environmental policy were the 1999 National Biodiversity Strategy Action Plan and the 2006 Scheduled Tribes and Other Traditional Forest Dwellers Act. This book explores these landmark policies, exploring the strategies of advocacy and deliberation that led to both the successes and failures of recent initiatives. It concludes that in order to deliberate with the state, civil society actors must engage in forms of strategic advocacy with the power to push agendas that challenge mainstream development discourses. The lessons learnt from the Indian experience will not only have immediate significance for the future of policy making in India, but they will also be of interest for other countries faced with the challenges of integrating livelihood and sustainability concerns into the governance process.
Initially created as afterthoughts to competitive electricity markets, capacity markets were intended to enhance system reliability. They have evolved into massive, highly controversial, and poorly understood billion-dollar institutions. Electricity Capacity Markets examines the rationales for creating capacity markets, how capacity markets work, and how well these markets are meeting their objectives. This book will appeal to energy experts and non-experts alike, across a range of disciplines, including economics, business, engineering, public policy, and law. Capacity markets are an important and provocative topic on their own, but they also offer an interesting case study of how well our energy systems are meeting the needs of our increasingly complex society. The challenges facing capacity markets - harnessing market forces for social good, creating networks that manage complexity, and achieving sustainability - are very much core challenges for our twenty-first century advanced industrial society.
International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
How can America get back to an energy transition that's good for the economy and the environment? That's the question at the heart of this eye-opening and richly informative dissection of the Trump administration's energy policy. The policy was ardently pro-fossil fuel and ferociously anti-regulation, implemented by manipulating science and economic analysis, putting oil and gas insiders at the helm of environmental agencies, and hacking away at democratic norms that once enjoyed bipartisan support. The impacts on the nation's health, economy, and environment were - as this book carefully demonstrates - dire. But the damage can be reversed. Ordinary Americans, civil society groups, environmental professionals, and politicians at every level all have parts to play in making sure the needed energy transition leaves no one behind. This compelling book will appeal to course instructors and students, government and industry officials, activists and journalists, and everyone concerned about the nation's future.
The Clean Development Mechanism (CDM) is widely regarded as one of the Kyoto Protocol's best creations and as an essential part of the international climate change regime. The CDM has been constantly evolving to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The over 6,000 registered projects under the CDM are estimated to have generated almost US$200 billion of investment in developing countries and are expected to achieve GHG emission reductions of about 6.8 billion tonnes. Nevertheless, the CDM is not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries. This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of international law to identify the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. Based on these investigations, Tomilola Akanle Eni-Ibukun breaks new ground in defining equitable distribution under the CDM and exploring how key obstructions to the equitable distribution of projects may be overcome. The book will be of particular interest to academics and policymakers of climate change and the CDM within international law.
No one sets out to intentionally cause environmental problems. All things being equal, we are happy to protect environmental resources; in fact, we tend to prefer our air cleaner and our species protected. But despite not wanting to create environmental problems, we all do so regularly in the course of living our everyday lives. Why do we behave in ways that cause environmental harm? It is often easy and inexpensive to behave in ways with bad environmental consequences, but more difficult and costly to take environmentally friendly actions. The incentives we face, some created by the nature of environmental resources, some by social and political structures, often do not make environmentally beneficial behavior the most likely choice. Furthermore, our behavior is conditioned by habits and social norms that fail to take environmental protection into consideration. In this book, Elizabeth R. DeSombre integrates research from political science, sociology, psychology, and economics to understand why bad environmental behavior makes perfect sense. As she notes, there is little evidence that having more information about environmental problems or the way an individual's actions contribute to them changes behavior in meaningful ways, and lack of information is rarely the underlying cause that connects behavior to harm. In some cases such knowledge may even backfire, as people come to see themselves as powerless to address huge global problems and respond by pushing these issues out of their minds. The fact that causing environmental problems is never anyone's primary goal means that people are happy to stop causing them if the alternative behavior still accomplishes their underlying goals. If we can figure out why those problems are caused, when no one intends to cause them, we can develop strategies that work to shift behavior in a positive direction. Over the course of this book, DeSombre considers the role of structure, incentives, information, habit, and norms on behavior in order to formulate lessons about how these factors lead to environmentally problematic behavior, and what understanding their effects can tell us about ways to change behavior. To prevent or address environmental problems, we have to understand why even good people do bad environmental things.
This excellent book covers the important legal and political perspectives on the world's freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.' - Catherine Broelmann, University of Amsterdam, The Netherlands 'In sum, the volume is a must for all those who know and practice international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.' - Stefano Burchi, Chairman of the International Association for Water Law - AIDA'International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.' - Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in 'virtual water' and the impacts of 'land grabs'. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study. Contributors: A.S. Al-Khasawneh, U. Alam, L. Boisson de Chazournes, L. Caflisch, M. Claassen, C. de Albuquerque, G. de los Cobos, L. del Castillo-Laborde, D. Garrick, J. Granit, D. Grey, E. Hey, V. Hughes, M. Kohen, C. Leb, G. Marceau, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, S.M.A. Salman, D. Shelton, A. Tanzi, M. Tignino, B.A. Yimer
This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
With emission-reduction commitments under the Kyoto Protocol now extended to 2020, "Kyoto compliance" will remain the reference case for state compliance with climate change obligations throughout the rest of the decade. This is the first book on state compliance that treats the UNFCCC, Kyoto Protocol, and their subordinate institutions as case studies in new international trends regarding state compliance. Drawing on a wide range of sources, from UNFCCC decisions to national-court judgments, this book clarifies the multiple layers of state compliance within the evolving international and transnational climate change regime. It provides a conceptual framework and mode of evaluation of the regulatory elements that have evolved to date. It comments on the current fragmentation (under the Bali Roadmap process) and possible future unification of accountability and enforcement elements (under the Durban Platform for Enhanced Action). The book makes a unique contribution to the question of compliance of states with obligations flowing from the international climate change regime. It argues that the monitoring, reporting, and verification of state emissions is the foundation upon which the international climate change regime is built. Finally it looks to the future of state compliance under the "next-generation" global climate change treaty to take effect as of 2020. This original synthesis in state compliance, a fundamental area of climate change regulation, is aimed at researchers and postgraduate students in environmental law, international law, international relations and environmental management.
Legal mechanisms for the management, development and protection of water resources have evolved over the years and have reached unprecedented levels of complexity and sophistication. This phenomenon is largely in response to the global community's sustainable development agenda, to the challenges and limitations imposed by climate variability, and to scientific and technological advances. Bringing together diverse experiences from across the world, this book analyses existing water law and governance solutions, their shortcomings, as well as developments and trends in the light of changing circumstances. The legal mechanisms examined range from international treaties, agreements and arrangements on cooperation over transboundary water resources, to the onset of novel issues arising out of technological advances, and from domestic regulation of water abstraction and groundwater management, to domestic regulation of the water industry. The articles in this book were originally published in the journal Water International, following the XIV and the XV World Water Congresses of the International Water Resources Association (IWRA), which were held in 2011 and in 2015, respectively. The chapters originally published in Water International.
This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability-both as it is now and as it should be in the future.
Written by an award-winning historian of science and technology, Planet in Peril describes the top four mega-dangers facing humankind - climate change, nukes, pandemics, and artificial intelligence. It outlines the solutions that have been tried, and analyzes why they have thus far fallen short. These four existential dangers present a special kind of challenge that urgently requires planet-level responses, yet today's international institutions have so far failed to meet this need. The book lays out a realistic pathway for gradually modifying the United Nations over the coming century so that it can become more effective at coordinating global solutions to humanity's problems. Neither optimistic nor pessimistic, but pragmatic and constructive, the book explores how to move past ideological polarization and global political fragmentation. Unafraid to take intellectual risks, Planet in Peril sketches a plausible roadmap toward a safer, more democratic future for us all.
This book presents a legal genealogy of biodiversity - of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of 'genetic gold' details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book's focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention's continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
This contemporary textbook and manual for aspiring or new environmental managers provides the theory and practical examples needed to understand current environmental issues and trends. Each chapter explains the specific skills and concepts needed for today's successful environmental manager, and provides skill development exercises that allow students to relate theory to practice in the profession. Readers will obtain an understanding not only of the field, but also of how professional accountability, evolving science, social equity, and politics affect their work. This foundational textbook provides the scaffolds to allow students to understand the environmental regulatory infrastructure, and how to create partnerships to solve environmental problems ethically and implement successful environmental programs.
This volume is the most comprehensive textbook on sustainable development. It has been developed with students and professionals from around the world specifically for those who need a thorough grounding in the subject. Coverage includes: background to sustainable development and global environmental issues; measurement and sustainability indicators; environmental assessment, management and policy; approaches and linkages to poverty reduction; impacts and infrastructure development; economics, consumption, production and market failures; governance; participation; disaster management; international financial institutions; international environmental agreements; and the role of civil society.
This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.
This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.
China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China is of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China's water resource issues, legal practices and options, examine case studies of China's southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.
This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.
This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, it explores the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision-making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels. Bringing together authors from both policy making and academia and from a wide range of disciplines and jurisdictions, this book will be of interest to academic scholars interested in environmental policy, law and politics.
The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio 'Earth Summit' UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world's Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.
Since 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime - the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential - constitutes a poorly understood topic. Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states' climate finance obligations to date. The book will be of interest to scholars and students of international law and policy, international relations, and the maturing field of climate change law.
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
Worldwide, half a million people die from air pollution each year-more than perish in all wars combined. One in every five mammal species on the planet is threatened with extinction. Our climate is warming, our forests are in decline, and every day we hear news of the latest ecological crisis. What will it really take to move society onto a more sustainable path? Many of us are already doing the "little things" to help the earth, like recycling or buying organic produce. These are important steps-but they're not enough. In Who Rules the Earth?, Paul Steinberg, a leading scholar of environmental politics, shows that the shift toward a sustainable world requires modifying the very rules that guide human behavior and shape the ways we interact with the earth. We know these rules by familiar names like city codes, product design standards, business contracts, public policies, cultural norms, and national constitutions. Though these rules are largely invisible, their impact across the planet has been dramatic. By changing the rules, Ontario, Canada has cut the levels of pesticides in its waterways in half. The city of Copenhagen has adopted new planning codes that will reduce its carbon footprint to zero by 2025. In the United States, a handful of industry mavericks designed new rules to promote greener buildings, and transformed the world's largest industry into a more sustainable enterprise. Steinberg takes the reader on a series of journeys, from a familiar walk on the beach to a remote village deep in the jungles of Peru, helping the reader to "see" the social rules that pattern our physical reality and showing why these are the big levers that will ultimately determine the health of our planet. By unveiling the influence of social rules at all levels of society-from private property to government policy, and from the rules governing our oceans to the dynamics of innovation and change within corporations and communities-Who Rules the Earth? is essential reading for anyone who understands that sustainability is not just a personal choice, but a political struggle. |
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