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

Polycentric climate governance holds enormous promise, but to unleash its full force, policy evaluation needs a stronger role in it. This book develops Nobel Laureate Elinor Ostrom's important work by offering fresh perspectives from cutting-edge thinking on climate governance and policy evaluation. Driven by theoretical innovation and empirical exploration, this book not only argues for a stronger connection between polycentric climate governance and practices of evaluation, but also demonstrates the key value of doing so with a real-world, empirical test in the polycentric setting of the European Union. This book offers a crucial step to take climate governance to the next level. It will be of interest to advanced students and researchers in climate governance, as well as practitioners who seek to enhance climate action, which is needed to avoid a climate catastrophe and to identify a pathway towards the 1.5 Degrees Celsius target in the Paris Agreement.

China's green transition is often perceived as a lesson in authoritarian efficiency. In just a few years, the state managed to improve air quality, contain dissent, and restructure local industry. Much of this was achieved through top-down, 'blunt force' solutions, such as forcibly shuttering or destroying polluting factories. This book argues that China's blunt force regulation is actually a sign of weak state capacity and ineffective bureaucratic control. Integrating case studies with quantitative evidence, it shows how widespread industry shutdowns are used, not to scare polluters into respecting pollution standards, but to scare bureaucrats into respecting central orders. These measures have improved air quality in almost all Chinese cities, but at immense social and economic cost. This book delves into the negotiations, trade-offs, and day-to-day battles of local pollution enforcement to explain why governments employ such costly measures, and what this reveals about a state's powers to govern society.

This unparalleled resource sets forth the international community's blueprint for worldwide development. Here is one reference source for all of the action plans negotiated since the United Nations' historic "Earth Summit" in 1992 in Rio de Janeiro that established the global and regional priorities necessary to sustain environmentally sound economic and social development. Expert commentary and annotations on the implications - both opportunities for investment and concerns about changes in regulatory regimes - of these international legal policy decisions is featured here.
This is the only resource integrating implementation strategies with the Agenda 21 directives, complete with analytical commentary and annotations. This comprehensive work provides expert guidance to the legal instruments framing the strategic objectives for sustainable development. It includes full coverage of the Johannesburg Plan of Implementation, adopted at the UN World Summit for Sustainable Development (2002), which set the priorities for implementing Agenda 21, the action plan that was adopted at the U.N. Summit for Environment and Development a decade earlier. Here also are the strategic measures for financing these strategic objectives, negotiated at the summit meeting in Monterrey, Mexico. Taken together, these legal instruments comprise the current international action plan that guides the multilateral, bilateral, and national economic development agendas around the world.
This invaluable reference is essential for those involved in international trade law, since free trade agreements now contain provisions that mandate negotiations to harmonize environmental and social regulations. Similarly, these agreed policies guide the international programs of the World Bank, regional development banks, and regional integration pacts such as the European Union or the Association of South East Asian Nations.
Coverage includes:
Evolving Delivery Mechanisms for a Clear & Urgent Mission (Commentary by Nicholas A. Robinson)
Agenda 21 - Annotated Action Plan
Johannesburg Plan of Implementation
Monterrey Financing Plan
Policy Resolutions and Implementing Measures
Valuable references to Internet sources for national reports submitted to the U.N. Commission on Sustainable Development.

The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.

Do you want to help save human civilisation? If so, this book is for you. How to Fix a Broken Planet describes the ten catastrophic risks that menace human civilisation and our planet, and what we can all do to overcome or mitigate them. It explains what must be done globally to avert each megathreat, and what each of us can do in our own lives to help preserve a habitable world. It offers the first truly integrated world plan-of-action for a more sustainable human society - and fresh hope. A must-read for anyone seeking sound practical advice on what citizens, governments, companies, and community groups can do to safeguard our future.

The Intergovernmental Panel on Climate Change (IPCC) has become a hugely influential institution. It is the authoritative voice on the science on climate change, and an exemplar of an intergovernmental science-policy interface. This book introduces the IPCC as an institution, covering its origins, history, processes, participants, products, and influence. Discussing its internal workings and operating principles, it shows how IPCC assessments are produced and how consensus is reached between scientific and policy experts from different institutions, countries, and social groups. A variety of practices and discourses - epistemic, diplomatic, procedural, communicative - that make the institution function are critically assessed, allowing the reader to learn from its successes and failures. This volume is the go-to reference for researchers studying or active within the IPCC, as well as invaluable for students concerned with global environmental problems and climate governance. This title is also available as Open Access via Cambridge Core.

For decades, a post-Cold War narrative heralded a 'new Arctic', with melting ice and snow and accessible resources that would build sustainable communities. Today, large parts of the Arctic are still trapped in the path dependencies of past resource extraction. At the same time, the impetus for green transitions and a 'new industrialism' spell opportunities to shift the development model and build new futures for Arctic residents and Indigenous peoples. This book examines the growing Arctic resource dilemma. It explores the 'new extractivist paradigm' that posits transitioning the region's long-standing role of delivering minerals, fossil energy, and marine resources to one providing rare earth elements, renewable power, wilderness tourism, and scientific knowledge about climate change. With chapters from a global, interdisciplinary team of researchers, new opportunities and their implications for Arctic communities and landscapes are discussed, alongside the pressures and uncertainties in a region under geopolitical and environmental stress.

Against the backdrop of energy markets that have radically changed in recent decades, this book offers an in-depth study of energy regulation in international trade law. The author seeks to clarify what we define as 'energy' in the context of the applicable international trade rules, and gives the reader a thorough analysis of the concepts, history and law of the various legal frameworks underpinning international energy trade. In addition, several case studies address the ongoing quest for energy security and show how the existing rules relate to some of the vast challenges that energy markets face today, notably the decentralisation and decarbonisation of energy markets.

Written by judges of the International Court of Justice and the International Tribunal for the Law of the Sea and other leading experts in International Law this collection of essays deals with the most recent developments in international environmental law since the UN Rio Conference on Environment and Development in 1992. It focuses on sustainable development, natural resources, Antarctica, the protection of marine environment, and the revolution in international fisheries law.

Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.

The 2019 Chagos Advisory Opinion of the International Court of Justice is a decision of profound legal and political significance. Presented with a rare opportunity to pronounce on the right to self-determination and the rules governing decolonization, the ICJ responded with remarkable directness. The contributions to this book examine the Court's reasoning, the importance of the decision for the international system, and its consequences for the situation in the Chagos Archipelago in particular. Apart from bringing the Chagossians closer to the prospect of returning to the islands from which they were covertly expelled half a century ago, the decision and its political context may be understood as part of a broader shift in North/South relations, in which formerly dominant powers like the UK must come to terms with their waning influence on the world stage, and in which voices from former colonies are increasingly shaping the institutional and normative landscape.

Over fifty years of global conservation has failed to bend the curve of biodiversity loss, so we need to transform the ways we govern biodiversity. The UN Convention on Biological Diversity aims to develop and implement a transformative framework for the coming decades. However, the question of what transformative biodiversity governance entails and how it can be implemented is complex. This book argues that transformative biodiversity governance means prioritizing ecocentric, compassionate and just sustainable development. This involves implementing five governance approaches - integrative, inclusive, adaptive, transdisciplinary and anticipatory governance - in conjunction and focused on the underlying causes of biodiversity loss and unsustainability. Transforming Biodiversity Governance is an invaluable source for academics, policy makers and practitioners working in biodiversity and sustainability governance. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance. This title is also available as Open Access on Cambridge Core.

For those troubled by environmental harm on a global scale and its deeply unequal effects, this book explains how international law structures ecological degradation and environmental injustice while claiming to protect the environment. It identifies how central legal concepts such as sovereignty, jurisdiction, territory, development, environment, labour and human rights make inaccurate and unsustainable assumptions about the natural world and systemically reproduce environmental degradation and injustice. To avert socioecological crises, we must not only unpack but radically rework our understandings of nature and its relationship with law. We propose more sustainable and equitable ways to remake law's relationship with nature by drawing on diverse disciplines and sociocultural traditions that have been marginalized within international law. Influenced by Third World Approaches to International Law (TWAIL), postcolonialism and decoloniality, and inspired by Indigenous knowledges, cosmology, mythology and storytelling, this book lays the groundwork for an epistemological shift in the way humans conceptualize the relationship between law and nature.

This book explores how vulnerable and resilient communities from SIDS are affected by climate change; proposes and, where possible, evaluates adaptation activities; identifies factors capable of enhancing or inhibiting SIDS people's long-term ability to deal with climate change; and critiques the discourses, vocabularies, and constructions around SIDS dealing with climate change. The contributions, written by well-established scholars, as well as emerging authors and practitioners, in the field, include conceptual papers, coherent methodological approaches, and case studies from the communities based in the Caribbean Sea and the Indian, Atlantic, and Pacific Oceans. In their introduction, the editors contextualise the book within the current literature. They emphasise the importance of stronger links between climate change science and policy in SIDS, both to increase effectiveness of policy and also boost scholarly enquiry in the context of whose communities are often excluded by mainstream research. This book is timely and appropriate, given the recent commission by the Intergovernmental Panel on Climate Change (IPCC) of a Special Report that aims at addressing vulnerabilities, "especially in islands and coastal areas, as well as the adaptation and policy development opportunities" following the Paris Agreement. Coupled with this, there is also the need to support the policy community with further scientific evidence on climate change-related issues in SIDS, accompanying the first years of implementation of the United Nations Sustainable Development Goals.

In Complexity Economics for Environmental Governance, Jean-Francois Mercure reframes environmental policy and provides a rigorous methodology necessary to tackle the complexity of environmental policy and the transition to sustainability. The book offers a detailed account of the deficiencies of environmental economics and then develops a theory of innovation and macroeconomics based on complexity theory. It also develops a new foundation for evidence-based policy-making using a Risk-Opportunity Analysis applied to the sustainability transition. This multidisciplinary work was developed in partnership with prominent natural scientists and economists as well as active policy-makers with the aim to revolutionize thinking in the face of the full complexity of the sustainability transition, and to show how it can best be governed to minimize its distributional impacts. The book should be read by academics and policy-makers seeking new ways to think about environmental policy-making.

Uncontrolled transboundary transfer of hazardous wastes was recognized as a major environmental problem in the mid-1980s. The international community responded by elaborating pertinent international agreements. Treaties are now in place at the global and regional levels, and additional ones are being negotiated. Despite their common aim of protecting the environment against the ill-effects of hazardous wastes, they often differ in stringency as well as scope and membership.
The book analyses the key treaties and other international legal rules on the control of transboundary movements of hazardous wastes. It identifies inconsistencies, gaps, and overlaps, and proposes ways to build a comprehensive global regulatory system for the management of hazardous wastes by harmonizing relevant international legal rules.

This century's major disasters from Hurricane Katrina and the Fukushima nuclear meltdown to devastating Nepalese earthquakes and the recent crippling volcanic eruptions and tsunamis in Tonga have repeatedly taught that government institutions are ill-prepared for major disaster events, leaving the most vulnerable among us unprotected. These tragedies represent just the beginning of a new era of disaster - an era of floods, heatwaves, droughts, and pandemics fueled by climate change. Laws and government institutions have struggled to adapt to the scope of the challenge; old models of risk no longer apply. This Handbook provides timely guidance, taking stock of the field of disaster law and policy as it has developed since Hurricane Katrina. Experts from a wide range of academic and practical backgrounds address the root causes of disaster vulnerability and offer solutions to build more resilient communities to ensure that no one is left behind.

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.

The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

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

This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

With the rapid growth of the renewable energy sector, it has become increasingly important to understand how renewable energy is defined in national laws around the world and what regulatory mechanisms these countries are deploying to achieve their renewable energy goals. In Renewable Energy Law: An International Assessment, Penelope J. Crossley compares the national renewable energy laws for each of the 113 countries that have such a law, shedding light on the question of whether energy laws are converging globally to facilitate trade or engaging in regulatory competition. The book includes over sixty extracts from different national laws, case studies on the European Union and the Chinese wind sector, and many examples of the particular challenges facing specific countries. This work should be read by scholars, policymakers, regulators, employees of commercial entities operating in the energy sector, and anyone else interested in the legal and regulatory landscape of renewable energy.