This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.

The threat of anthropocentric environmental harm grows more pressing each year. Around the world, human activities are devastating the natural environment and contributing to potentially irreversible climate change. This book explores the ways in which the International Criminal Court may effectively prosecute those who cause or contribute to serious environmental destruction. Written by an international lawyer who has prosecuted cases of war crimes, crimes against humanity, and genocide, it provides insights into the procedures, laws, and techniques capable of leading to convictions against those who harm the environment.

In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.

While the world's oceans cover more than seventy percent of its surface, the sea has largely vanished as an object of enquiry in International Relations (IR), being treated either as a corollary of land or as time. Yet, the sea is the quintessential international space, and its importance to global politics has become all the more obvious in recent years. Drawing on interdisciplinary insights from IR, Historical Sociology, Blue Humanities and Critical Ocean Studies, The sea and International Relations breaks with this trend of oceanic amnesia, and kickstarts a theoretical, conceptual and empirical discussion about the sea and IR, by highlighting theoretical puzzles, analysing broad historical perspectives and addressing contemporary challenges. In bringing the sea back into IR, the book reconceptualises the canvas of international relations to include the oceans as a social, political, economic and military space which affects the workings of world politics. -- .

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.

The North American Free Trade Agreement (NAFTA) and its companion agreement, the North American Agreement on Environmental Cooperation (NAAEC), provide important and often underappreciated protection for the environmental laws of the Party states: Canada, Mexico, and the United States. On the twentieth anniversary of NAFTA's ratification, this book assesses the current state of environmental protection under those agreements. Bringing together scholars, practitioners, and regulators from all three Party states, it outlines the scope and process of NAFTA and NAAEC, their impact on specific environmental issues, and paths to reform. It includes analyses of the impact of the agreements on such matters as bioengineered crops in Mexico, assessment of marine environmental effects, potential lessons for China, climate change, and indigenous rights. Together, the chapters of this book represent an important contribution to the global conversation concerning international trade agreements and sustainable development.

Rising economic inequality has put capitalism on trial globally. At the same time, existential environmental threats worsen while corporations continue to pollute and distort government policy. These twin crises have converged in calls to revamp government and economic systems and to revisit socialism, given up for dead only 30 years ago. In Capitalism and the Environment, Shi-Ling Hsu argues that such an impulse, if enacted, will ultimately harm the environment. Hsu argues that inequality and environmental calamities are political failures - the result of bad decision-making - and not a symptom of capitalism. Like socialism, capitalism is composed of political choices. This book proposes that we make a different set of choices to better harness the transformative power of capitalism, which will allow us to reverse course and save the environment.

Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.

The commons theory, first articulated by Elinor Ostrom, is increasingly used as a framework to understand and rethink the management and governance of many kinds of shared resources. These resources can include natural and digital properties, cultural goods, knowledge and intellectual property, and housing and urban infrastructure, among many others. In a world of increasing scarcity and demand - from individuals, states, and markets - it is imperative to understand how best to induce cooperation among users of these resources in ways that advance sustainability, affordability, equity, and justice. This volume reflects this multifaceted and multidisciplinary field from a variety of perspectives, offering new applications and extensions of the commons theory, which is as diverse as the scholars who study it and is still developing in exciting ways.

This book presents an important discussion on the implementation of sustainable soil management in Africa from a range of governance perspectives. It addresses aspects such as the general challenges in Africa with regard to soil management; the structural deficiencies in legal, organizational and institutional terms; and specific policies at the national level, including land cover policies and persistent organic pollutants. This fourth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme "sustainable soil management in Africa." In turn, the second part covers recent international developments, the third part presents regional and national reports (i.a. Mexico, USA and Germany), and the fourth discusses cross-cutting issues(i.a. on rural-urban interfaces). Given the range of key topics covered, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level.

This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.

The Water Quality Act of 1987 ushered in a new era of clean water policy to the US. The Act stands today as the longest-lived example of national water quality policy. It included a then-revolutionary funding model for wastewater infrastructure - the Clean Water State Revolving Fund - which gave states much greater authority to allocate clean water infrastructure resources. Significant differences between states exist in terms of their ability to provide adequate resources for the program, as well as their ability (or willingness) to meet the wishes of Congress to serve environmental needs and communities. This book examines the patterns of state program resource distribution using case studies and analysis of state and national program data. This book is important for researchers from a range of disciplines, including water, environmental and infrastructure policy, federalism/intergovernmental relations, intergovernmental administration, and natural resource management, as well as policy makers and policy advocates.

Bringing together the ideas of experts from around the world, this incisive text offers cutting-edge perspectives on the risk analysis and governance of genetically modified organisms (GMOs), supporting effective and informed decision-making in developing countries. Comprised of four comprehensive sections, this book covers: integrated risk analysis and decision making, giving an overview of the science involved and examining risk analysis methods that impact decision-making on the release of GMOs, particularly in developing countries; diversification of expertise involved in risk analysis and practical ways in which the lack of expertise in developing countries can be overcome; risk analysis based regulatory systems and how they can be undermined by power relationships and socio-political interests, as well as strategies for improving GMO policy development and regulatory decision-making; and case studies from developing countries providing lessons based on real-world experience that can inform our current thinking.

This collection of essays examines the development and application of environmental laws and the relationship between public laws and international law. Notions of good governance, transparency and fairness in decision-making are analysed within the area of the law perceived as having the greatest potential to address today's global environmental concerns. International trends, such as free trade and environmental markets, are also observed to be infiltrating national laws. Together, the essays illustrate the idea that in the context of environmental problems being dynamic and environmental changes appearing suddenly, laws become difficult to design and effect. Typically, they are also devised within a conflicted setting. It is in this changeable and discordant context that environmental discourses such as precaution, justice, risk, equity, security, citizenship and markets contribute to legal responses, present legal opportunities or hinder progress.

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.

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

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.

Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Arnadottir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.

Climate change is a key problem of the 21st century. China, as the largest emitter of greenhouse gases, has committed to stabilize its current emissions and dramatically increase the share of electricity production from non-fossil fuels by 2030. However, this is only a first step: in the longer term, China needs to aggressively strive to reach a goal of zero-emissions. Through detailed discussions of electricity pricing, electric vehicle policies, nuclear energy policies, and renewable energy policies, this book reviews how near-term climate and energy policies can affect long-term decarbonization pathways beyond 2030, building the foundations for decarbonization in advance of its realization. Focusing primarily on the electricity sector in China - the main battleground for decarbonization over the next century - it provides a valuable resource for researchers and policymakers, as well as energy and climate experts.

Rapid and transformational actions are ever more urgently needed to achieve a just, resilient, and ecologically sustainable global society, as envisioned and supported by the Sustainable Development Goals. Moreover, dynamic governance approaches are vital for addressing changing and uncertain conditions. At many levels, governance needs to be responsive and flexible - in one word - adaptive. This book provides a state-of-the-art review of the conceptual development of adaptiveness as a key concept in the environmental governance literature, complemented by applications from global, regional, and national levels. It reviews the politics of adaptiveness, investigates which governance processes foster adaptiveness, and discusses how, when and why adaptiveness influences earth system governance. It is a timely synthesis for students, researchers and practitioners interested in environmental governance, sustainability and social change processes. 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.

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.

A global water crisis with far-reaching and interconnected environmental, social, health and economic impacts threatens the world. Healthy ecosystems and ecosystem services are degrading, and access to a sustainable water supply is increasingly inequitable both within and between States. This book demonstrates how to overcome the global freshwater ecosystem crisis by matching the scientific recommendations with an international legal framework fit for the task, which re-orientates international water law towards a stronger ecosystem approach that also protects vulnerable societies. It illustrates how to understand the fragmented legally binding and non-binding instruments of the United Nations Economic Commission for Europe environmental treaties as one coherent legal regime, which contributes to strengthening general rules and principles of the law concerning transboundary freshwater ecosystems. With the recent global opening of the UNECE regime, this book explores its potential role within the European region, Central Asia, Caucasus, Africa, the Middle East and beyond.

The tensions between democracy and justice have long preoccupied political theorists. Institutions that are procedurally democratic do not necessarily make substantively just decisions. Democratizing Global Justice shows that democracy and justice can be mutually reinforcing in global governance - a domain where both are conspicuously lacking - and indeed that global justice requires global democratization. This novel reconceptualization of the problematic relationship between global democracy and global justice emphasises the role of inclusive deliberative processes. These processes can empower the agents necessary to determine what justice should mean and how it should be implemented in any given context. Key agents include citizens and the global poor; and not just the states but also international organizations and advocacy groups active in global governance. The argument is informed by and applied to the decision process leading to adoption of the Sustainable Development Goals, and climate governance inasmuch as it takes on questions of climate justice.

The 2015 Paris Agreement represents the culmination of years of intense negotiations under the United Nations Framework Convention on Climate Change. Designed to curb climate change, it was negotiated by almost 200 countries who came to the table with different backgrounds, perceptions and interests. As such, the Agreement represents a triumph for multilateralism in a period otherwise characterized by nationalist turns. How did countries reach the historical agreement, and what were the driving forces behind it? This book paints a full picture by providing and analysing multifaceted insider accounts from high-level delegates who represented developed and developing countries, civil society, businesses, the French Presidency, and the UNFCCC Secretariat. In doing so, the book documents not only the negotiation of the Paris Agreement but also the dynamics and factors that shaped it. A better understanding of these dynamics and factors can guide future negotiations and help us solve global challenges.

Rising economic inequality has put capitalism on trial globally. At the same time, existential environmental threats worsen while corporations continue to pollute and distort government policy. These twin crises have converged in calls to revamp government and economic systems and to revisit socialism, given up for dead only 30 years ago. In Capitalism and the Environment, Shi-Ling Hsu argues that such an impulse, if enacted, will ultimately harm the environment. Hsu argues that inequality and environmental calamities are political failures - the result of bad decision-making - and not a symptom of capitalism. Like socialism, capitalism is composed of political choices. This book proposes that we make a different set of choices to better harness the transformative power of capitalism, which will allow us to reverse course and save the environment.