This book explores a range of plausible futures for environmental law in the new era of the Earth's history: the Anthropocene. The book discusses multiple contemporary and future challenges facing the planet and humanity. It examines the relationship between environmental law and the Anthropocene at governance scales from the global to the local. The breadth of issues and jurisdictions covered by the book, its forward-looking nature, and the unique generational perspective of the contributing authors means that this publication appeals to a wide audience from specialist academics and policy-makers to a broader lay readership.

Guaranteeing energy security is one of the most complex challenges of energy law and policy. Energy insecurity threatens economic development, social peace and stability. This book focuses on energy security in the strategically important region of Central Asia. The region holds huge energy reserves, but its energy systems are highly inefficient and unreliable, and thus require urgent reform. However, endemic corruption, discrimination and the strong centralization of power have so far blocked initiatives to reorganize energy supply. The case of Central Asia is uniquely relevant for understanding the informal constraints on energy law and policy. In addition, Central Asian energy insecurity illustrates the impact of geopolitics on the regulation of energy markets. The region is strategically located in Russia's sphere of influence and along China's New Silk Road. Its energy situation highlights the complex interactions amongst energy law, geopolitics and institutions.

The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called "sound science." In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Earth's climate is in crisis. Climate governance has failed. This book diagnoses climate governance as if it were a sick patient, uncovering the fundamental factors causing the worsening climate crisis. It distils decades of global climate negotiations to reveal the features of international relations that are impeding climate action, and it identifies political obstacles to climate governance across a variety of countries in the Americas, Asia, and Europe. The psychosocial aspects of climate change are explored to show how human nature, overconsumption, and global capitalism conspire to stymy climate action. Remedies are suggested for how to overcome hurdles to effective climate governance internationally and nationally, with ideas provided for individuals to help them align their own interests with those of the global environment. Covering all of the major recent events in climate politics and governance, this is an accessible book for concerned readers who want to understand the climate crisis.

This book explores the complex package of mechanisms used to identify, record, manage and remediate contaminated land, including the system for allocating liabilities that has been set up by China's contaminated land law and accompanying administrative decrees and environmental standards. Statutory control of soil or land contamination is a comparatively new phenomenon for Chinese lawmakers and researchers. After more than ten years of preparation, China recently adopted its first nationwide contaminated land law-the Law of the People's Republic of China on the Prevention and Control of Soil Contamination, which entered into effect in the beginning of 2019. The law deals exclusively with risk management in connection with soil contamination, and the remediation of contaminated land. This book analyzes various facets of how China is managing the risks associated with soil contamination and remediating contaminated sites by means of legislation. Chapters 1 and 2 reveal the current extent of the soil contamination problem in China and the initial policy responses of the country's central government. In turn, Chapters 3 and 4 address the regulatory frameworks and the latest contaminated land legislation at both the local and national level. Lastly, Chapters 5 through 9 offer concrete recommendations, based on lessons learned in the US and UK, for reforming contaminated land management in China. Overall, the book covers the past, present and future of contaminated land management in China, making it of interest to environmental policymakers, administrators, academics, lawyers and engineers engaged in soil or environmental protection. Further, it offers a source of reliable information for those who want to learn more about China's environmental legislation and contaminated land management policy.

This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay of globalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.

Earth's climate is in crisis. Climate governance has failed. This book diagnoses climate governance as if it were a sick patient, uncovering the fundamental factors causing the worsening climate crisis. It distils decades of global climate negotiations to reveal the features of international relations that are impeding climate action, and it identifies political obstacles to climate governance across a variety of countries in the Americas, Asia, and Europe. The psychosocial aspects of climate change are explored to show how human nature, overconsumption, and global capitalism conspire to stymy climate action. Remedies are suggested for how to overcome hurdles to effective climate governance internationally and nationally, with ideas provided for individuals to help them align their own interests with those of the global environment. Covering all of the major recent events in climate politics and governance, this is an accessible book for concerned readers who want to understand the climate crisis.

Policy Shock examines how policy-makers in industrialized democracies respond to major crises. After the immediate challenges of disaster management, crises often reveal new evidence or frame new normative perspectives that drive reforms designed to prevent future events of a similar magnitude. Such responses vary widely - from cosmetically masking inaction, to creating stronger incentive systems, requiring greater transparency, reorganizing government institutions and tightening regulatory standards. This book situates post-crisis regulatory policy-making through a set of conceptual essays written by leading scholars from economics, psychology and political science, which probe the latest thinking about risk analysis, risk perceptions, focusing events and narrative politics. It then presents ten historically-rich case studies that engage with crisis events in three policy domains: offshore oil, nuclear power and finance. It considers how governments can prepare to learn from crisis events - by creating standing expert investigative agencies to identify crisis causes and frame policy recommendations.

Adopted in the aftermath of the Second World War and implemented as a 'living instrument', the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book - also a Special Issue of the Journal of Human Rights and the Environment - brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.

Shipping is responsible for transporting 90% of the world's trade. This book provides a comprehensive review of the impact shipping has on the environment. Topics covered include pollutant discharges such as atmospheric emissions, oil, chemical waste, sewage and biocides; as well as non-pollutant impacts including invasive species, wildlife collisions, noise, physical damage, and the environmental effects associated with shipwrecks and shipbreaking. The history of relevant international legislation is also covered. With chapters written by eminent international authors, this book provides a global perspective on the environmental impact of ships, making it a useful reference for advanced students and researchers of environmental science, as well as practitioners of maritime law and policy, and marine business.

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.

Although it is usually assumed that only the federal government can confer citizenship, localities often give residents who are noncitizens at the federal level the benefits of local citizenship: access to medical care, education, housing, security, labor and consumer markets, and even voting rights. In this work, Kenneth A. Stahl demonstrates that while the existence of these 'noncitizen citizens' has helped to reconcile competing commitments within liberal democracy to equality and community, the advance of globalization and the rise of nationalist political leaders like Donald Trump has caused local and federal citizenship to clash. For nationalists, localities' flexible approach to citizenship is a Trojan horse undermining state sovereignty from within, while liberals see local citizenship as the antidote to a reactionary ethnic nationalism. This book should be read by anyone who wants to understand why citizenship has become one of the most important issues in national politics today.

'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.

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.

The modern era is facing unprecedented governance challenges in striving to achieve long-term sustainability goals and to limit human impacts on the Earth system. This volume synthesizes a decade of multidisciplinary research into how diverse actors exercise authority in environmental decision making, and their capacity to deliver effective, legitimate and equitable Earth system governance. Actors from the global to the local level are considered, including governments, international organizations and corporations. Chapters cover how state and non-state actors engage with decision-making processes, the relationship between agency and structure, and the variations in governance and agency across different spheres and tiers of society. Providing an overview of the major questions, issues and debates, as well as the theories and methods used in studies of agency in earth system governance, this book provides a valuable resource for graduate students and researchers, as well as practitioners and policy makers working in environmental 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 book provides a new approach to thinking about the politics and geographies of climate governance. It argues that in order to understand the nature and potential of the range of new responses to climate change emerging at multiple scales we need to examine how governance is accomplished - how it is undertaken, practised and contested. Through a range of case studies drawn from communities, corporations and local government, the book examines how climate change comes to be governed and made to matter as an issue with which diverse publics should be concerned. It concludes that rather than seeking the solution to climate change once and for all, we need to engage with the ways in which we can channel our intentions to ameliorate the climate problem to more progressive ends. The book will be of interest to researchers, advanced students and policy makers across the social sciences.

Future generations, wildlife, and natural resources - collectively referred to as 'the voiceless' in this work - are the most vulnerable and least equipped populations to protect themselves from the impacts of global climate change. While domestic and international law protections are beginning to recognize rights and responsibilities that apply to the voiceless community, these legal developments have yet to be pursued in a collective manner and have not been considered together in the context of climate change and climate justice. In Climate Change and the Voiceless, Randall S. Abate identifies the common vulnerabilities of the voiceless in the Anthropocene era and demonstrates how the law, by incorporating principles of sustainable development, can evolve to protect their interests more effectively. This work should be read by anyone interested in how the law can be employed to mitigate the effects of climate change on those who stand to lose the most.

This book is the first to undertake a gendered analysis of geoengineering and alternative energy sources. Are either of these technologies sufficiently attendant to gender issues? Do they incorporate feminist values as articulated by the renowned social philosopher Helen Longino, such as empirical adequacy, novelty, heterogeneity, complexity and applicability to human needs? The overarching argument in this book contends that, while mitigation strategies like solar and wind energy go much further to meet feminist objectives and virtues, geoengineering is not consistent with the values of justice as articulated in Longino's feminist approach to science. This book provides a novel, feminist argument in support of pursuing alternative energy in the place of geoengineering. It provides an invaluable contribution for academics and students working in the areas of gender, science and climate change as well as policy makers interested in innovative ways of taking up climate change mitigation and gender.

Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme, adopted by the International Civil Aviation Organization in 2016, should be implemented in 2020 even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law. International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond.

Climate change is increasingly recognized as a global threat, and is already contributing to record-breaking hurricanes and heat waves. To prevent the worst impacts, attention is now turning to climate engineering - the intentional large-scale modification of the environment to reduce the impact of climate change. The two principal methods involve removing some carbon dioxide from the atmosphere (which could consume huge amounts of land and money, and take a long period of time), and reducing the amount of solar radiation reaching the earth's surface, perhaps by spraying aerosols into the upper atmosphere from airplanes (which could be done quickly but is risky and highly controversial). This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally.

Climate change is among the world's most important problems, and solutions based on emission cuts or adapting to new climates remain elusive. One set of proposals receiving increasing attention among scientists and policymakers is 'solar geoengineering', (also known as solar radiation modification) which would reflect a small portion of incoming sunlight to reduce climate change. Evidence indicates that this could be effective, inexpensive, and technically feasible, but it poses environmental risks and social challenges. Governance will thus be crucial. In The Governance of Solar Geoengineering, Jesse L. Reynolds draws on law, political science, and economics to show how solar geoengineering is, could, and should be governed. The book considers states' incentives and behavior, international and national law, intellectual property, compensation for possible harm, and non-state governance. It also recommends how solar geoengineering could be responsibly researched, developed, and - if appropriate - used in ways that would improve human well-being and ensure sustainability.

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.

Climate change is among the world's most important problems, and solutions based on emission cuts or adapting to new climates remain elusive. One set of proposals receiving increasing attention among scientists and policymakers is 'solar geoengineering', (also known as solar radiation modification) which would reflect a small portion of incoming sunlight to reduce climate change. Evidence indicates that this could be effective, inexpensive, and technically feasible, but it poses environmental risks and social challenges. Governance will thus be crucial. In The Governance of Solar Geoengineering, Jesse L. Reynolds draws on law, political science, and economics to show how solar geoengineering is, could, and should be governed. The book considers states' incentives and behavior, international and national law, intellectual property, compensation for possible harm, and non-state governance. It also recommends how solar geoengineering could be responsibly researched, developed, and - if appropriate - used in ways that would improve human well-being and ensure sustainability.