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Books > Law > International law > Public international law > International environmental law
An assessment of policy options for future global climate governance, written by a team of leading experts from the European Union and developing countries. Global climate governance is at a crossroads. The 1997 Kyoto Protocol was merely a first step, and its core commitments expire in 2012. This book addresses three questions which will be central to any new climate agreement. What is the most effective overall legal and institutional architecture for successful and equitable climate politics? What role should non-state actors play, including multinational corporations, non-governmental organizations, public private partnerships and market mechanisms in general? How can we deal with the growing challenge of adapting our existing institutions to a substantially warmer world? This important resource offers policy practitioners in-depth qualitative and quantitative assessments of the costs and benefits of various policy options, and also offers academics from wide-ranging disciplines insight into innovative interdisciplinary approaches towards international climate negotiations.
This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
In 1962, Rachel Carson's Silent Spring sounded an alarm: the natural environment is being dangerously degraded because of human activity. Ever since, environmental protection has been a major societal concern. A robust system of environmental laws has emerged in the United States, commercial activities are increasingly scrutinized for their environmental impact, and communities around the world are becoming aware of the environment as a global issue requiring international attention. The most important evidence comes from the environment itself: the planet is warming, water supplies are at risk, ecosystems are under stress, and species are being lost at an unprecedented rate. Environmental Protection: What Everyone Needs to Know (R) provides accessible information that will help readers navigate this complex and highly relevant subject. It gives background information on the origins and development of environmental protection; introductions to the main elements of environmental protection with concrete examples; the context for understanding current issues; definitions of key terms; scientific, legal, and economic underpinnings; and discussion of hot-button current issues from nanopollution to climate change. The reader will gain familiarity with phenomena like biodiversity, the greenhouse effect, fugitive emissions, and algal blooms while learning about the impact of landmark policy initiatives like the Clean Air Act, the Endangered Species Act, the Kyoto Protocol, and the Paris Agreement.
At a time of profound change and rethinking, this book provides insights into how environmental law in the UK has developed into its current form, and considers challenges it will face in the future. Irresolute Clay is not a legal history or textbook, nor a conventional set of legal memoirs. Instead it offers a personal account of the inside stories as experienced by one of the key architects of contemporary environmental law. Taking a thematic approach, it charts fundamental tenets of the subject (such as environmental sanctions, the European dimension, developing the academic discipline of environmental law, and environmental courts and tribunals), from the beginnings of the modern environmental law era in the 1970s to the present day.
The United States has been experiencing an energy transition for over four decades, and now - thanks to the Clean Power Plan of the Obama Administration and the Paris climate agreement - a clean energy future is moving closer to reality. In Clean Power Politics, Joseph Tomain describes how clean energy policies have been developed and, more importantly, what's necessary for a successful transition to a clean energy future, including technological innovation, new business models, and regulatory reforms. The energy system of the future will minimize the environmental costs of traditional energy production and consumption, and emphasize expanded use of natural resources and energy efficiency. Because many new energy technologies can be produced and consumed at smaller scales, they will shift decision-making power away from traditional utilities and empower consumers to make energy choices about consumption and price. In this way, a clean energy future embodies a democratization of energy.
Environmental constitutionalism is a new concept for protecting local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and their procedural aspects. Designed for judges, advocates, and policy-makers as well as scholars in the field, this research review discusses key writings on environmental constitutionalism from around the world, drawing attention to its contours, its challenges, and its potential for enhancing both environmental protection and constitutional governance in theory and context.
'What Wales is doing today, the world will do tomorrow.' -Nikhil Seth, UN Assistant Secretary General '...the story of this revolutionary engine for change holds enormous possibility and is a true beacon of hope.' -Michael Sheen OBE, actor and UNICEF ambassador The story of how one small nation responded to global climate issues by radically rethinking public policy for future generations In #futuregen, Jane Davidson explains how, as Minister for Environment, Sustainability and Housing in Wales, she proposed the Well-being of Future Generations (Wales) Act 2015-the first piece of legislation on Earth to place regenerative and sustainable practice at the heart of government. Unparalleled in its scope and vision, the Act connects environmental and social health and looks to solve complex issues such as poverty, education and unemployment. Davidson reveals how and why such groundbreaking legislation was forged in Wales-once reliant on its coal, iron and steel industries-and explores how the shift from economic growth to sustainable growth is creating new opportunities for communities and governments all over the world. #futuregen is the inspiring story of a small, pioneering nation discovering prosperity through its vast natural beauty, renewable energy resources and resilient communities. It's a living, breathing prototype for local and global leaders as proof of what is possible in the fight for a sustainable future.
Building on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding. The 17 goals and 169 targets of the SDGs cover areas as crucial as poverty reduction, climate change, clean water and access to justice. Combining both thematic and goal-specific analysis, expert contributors establish the relevance not just of international law, but also of a broader range of normative frameworks including constitutional norms, domestic regulatory law and human rights. Connecting the SDGs to wider debates in international law and politics, this book ultimately demonstrates that law has an important constitutive and instrumental role to play in both implemention and analysis. The first of its kind to offer a specific focus on the relationship between law and the SDGs, this much-needed book will prove invaluable for scholars in the field of international sustainable development. Its insightful observations will also provide food for thought for both related international organizations and national government officials. Contributors include: S. Adelman, H. Aust, M. Barnard, L. Collins, N. Cooper, A. du Plessis, D. French, L. Kotze, G. Long, O. McIntyre , K. Morrow, N. Sanchez Castillo-Winckels, W. Scholtz, N. Soininen
The Law of International Watercourses is an authoritative guide to the rules of international law governing the navigational and non-navigational uses of international rivers, lakes, and groundwater. The continued growth of the world's population places increasing demands on Earth's finite supplies of fresh water. Because two or more States share many of the world's most important drainage basins - including the Danube, the Ganges, the Indus, the Jordan, the Mekong, the Nile, the Rhine and the Tigris-Euphrates - competition for increasingly scarce fresh water resources will only increase. Agreements between the States sharing international watercourses are negotiated, and disputes over shared water are resolved, against the backdrop of the rules of international law governing the use of this precious resource. The basic legal rules governing the use of shared freshwater for purposes other than navigation are reflected in the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth, and discusses specific issues that could not be addressed in a framework instrument of that kind. The book reviews the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of States in the field. The third edition covers the implications of the 1997 Convention coming into force in August 2014, and the compatibility of the 1997 and 1992 Conventions. This edition also updates the entire book, adds new material to many of the chapters, and adds a number of new case studies, including Pulp Mills on the River Uruguay (Argentina v. Uruguay) and Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), amongst others.
Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Arhus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Arhus Convention's Compliance Committee.
International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport and numerous other planetary challenges require individual countries to adhere to international norms. What have been the successes and failures in the environmental treaty-making arena? How has the role of civil society and scientific consensus contributed to this maturing process? Why have some treaties been more enforceable than others and which theories of international relations can further inform efforts in this regard? Addressing these questions with renewed emphasis on close case analysis makes this volume a timely and thorough postscript to the Rio-Plus 20 summit's celebrated invocation document, The Future We Want, towards sustainable development. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. In this book, authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making.
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.
Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.
The world is faced with significant and interrelated challenges in the 21st century which threaten human rights in a number of ways. This book examines three of the largest issues of the century - armed conflict, environment, and poverty - and examines how these may be addressed using a human rights framework. It considers how these challenges threaten human rights and reassesses our understanding of human rights in the light of these issues. This multidisciplinary text considers both foundational and applied questions such as the relationship between morality and the laws of war, as well as the application of the International Human Rights Framework in cyber space. Alongside analyses from some of the most prominent lawyers, philosophers, and political theorists in the debate, each section includes contributions by those who have served as Special Rapporteurs within the United Nations Human Rights System on the challenges facing international human rights laws today.
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.
The sixth Global Environment Outlook was launched in 2019 at the fourth UN Environment Assembly. It highlighted the ongoing damage to life and health from pollution and land degradation, and warned that zoonosis was already accounting for more than 60% of human infectious diseases. Since then the spread of COVID-19 has demonstrated the enormous challenges a global pandemic can cause for health care systems and the economy, as well as revealing potential environmental benefits of an altered lifestyle. This Technical Summary synthesizes the science and data in the GEO-6 report to make it accessible to a broad audience of policymakers, students and scientists. It demonstrates that more urgent and sustained action is required to address the degradation caused by our energy, food and waste systems and identifies a variety of transformational pathways for those seeking far-reaching policies for environmental and economic recovery. Also available as Open Access on Cambridge Core.
Displacement caused by climate change is an area of growing concern. With current rises in sea levels and changes to the global climate, it is an issue of fundamental importance to the future of many parts of the world. This book critically examines whether States have obligations to protect people displaced by climate change under international refugee law, international human rights law, and the international law on statelessness. Drawing on field work undertaken in Bangladesh, India, and the Pacific island States of Kiribati and Tuvalu, it evaluates whether the phenomenon of 'climate change-induced displacement' is an empirically sound category for academic inquiry. It does so by examining the reasons why people move (or choose not to move); the extent to which climate change, as opposed to underlying socio-economic factors, provides a trigger for such movement; and whether traditional international responses, such as the conclusion of new treaties and the creation of new institutions, are appropriate solutions in this context. In this way, the book queries whether flight from habitat destruction should be viewed as another facet of traditional international protection or as a new challenge requiring more creative legal and policy responses. law, and the international law on statelessness. Drawing on
This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.
The most comprehensive and up-to-date volume on environmental analysis available today, this is the standard laboratory reference for any environmental or chemical engineer, chemist, or scientist. Today, environmental issues are a great cause of concern at the global level, and universities and other institutions around the world are involved in research on climate change, deforestation, pollution control, and many other issues. Moreover, environmental science and environmental biotechnology are inherent parts of various courses while some universities provide degrees in these fields. Although the environment perspective of water is discussed time and again in research, academic, and non-academic discussions, there is no book summarizing protocols involved in water quality analysis. The information seems to be sporadically distributed on the internet. Even if available at all, the information does not discuss limits of the protocols or caveats involved. For example, essays on chemical oxygen demand (COD) on the internet mostly do not discuss differences between organic compounds of biological origin and aliphatic/aromatic. The authors have performed nearly all the protocols mentioned in this new volume, and their protocols are discussed in a simplified, easy-to-understand manner. The book has been written after elaborative discussions with and input from faculty and research students to ensure the clarity of the material for use on many levels. Further, the authors have emphasized low-cost methods which involve minimal use of high-end instrumentation keeping in mind limitations faced in developing countries. A valuable reference for engineers, scientists, chemists, and students, this volume is applicable to many different fields, across many different industries, at all levels. It is a must-have for any library.
Critical Issues in Environmental Taxation is an internationally
refereed publication devoted to environmental taxation issues on a
worldwide basis. It seeks to provide insights and analysis for
achieving environmental goals through tax policy. By sharing the
perspectives of the authors in response to the diverse challenges
posed by environmental taxation issues, effective approaches used
in one country may be considered and possibly implemented by
governmental authorities in other countries. Each volume contains
pioneering and thought-provoking articles contributed by the
world's leading environmental tax scholars.
Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea.
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.
Critical Issues in Environmental Taxation is an internationally
refereed publication devoted to environmental taxation issues on a
worldwide basis. It seeks to provide insights and analysis for
achieving environmental goals through tax policy. By sharing the
perspectives of the authors in response to the diverse challenges
posed by environmental taxation issues, effective approaches used
in one country may be considered and possibly implemented by
governmental authorities in other countries. Each volume contains
pioneering and thought-provoking articles contributed by the
world's leading environmental tax scholars.
Water Law and Policy examines water management in Europe, and the
difficulties and policy dilemmas involved in creating integrated
water management institutions. This is the only overall assessment
of the development and evolution of European Water Law and Policy.
The book is unique in that it concentrates on institutional
development, norms and guiding principles, implementation
strategies, and public participation mechanisms at the local level,
EU level, and globally.
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. |
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