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Books > Law > International law > Public international law > International environmental law
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
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.
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 aim of this short text is simply to introduce a reader to this topic. It is intended for a global audience and rather than being restricted to potential energy law students of a particular country. It is also written for students of other disciplines such as geographers, social scientists and engineers. It should also be engaging to those in a variety of professional practices who want an accessible background to and overview of the subject. The first edition of Energy Law: An Introduction was a great success and this extended second edition is expected to be just as successful. It is used widely as a core text in energy law courses across the world and this second issue adds further discussion on important topics such as energy law principles and drivers. Further, it highlights issues of energy justice, a growing and an emergent topic which is also at the core of the energy law principles and the key drivers of why new energy law is formulated. The text aims to outline the principles and central logic behind energy law. Therefore, readers from across the world should be able to use it as a guide to thinking about energy law in their own countries. A variety of examples from many different countries are included in the text and while examples and comparisons are mainly from the EU and US, they represent good examples of more advanced and innovative energy law. For those readers who seek further or more in-depth knowledge, this text will only serve as an introduction. However, a key focus of the book is to direct the reader where they to look for further information and within the book there are suggested extra readings, the key recommended journals to read and other sources of information based on institutions who publish further material in this area. Overall this second edition of Energy Law: An Introduction aims to inspire students and others to contribute to try and improve energy law across the world and enable us all to contribute in our own small way to delivering a just and sustainable energy world for future generations.
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 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.
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.
How can America get back to an energy transition that's good for the economy and the environment? That's the question at the heart of this eye-opening and richly informative dissection of the Trump administration's energy policy. The policy was ardently pro-fossil fuel and ferociously anti-regulation, implemented by manipulating science and economic analysis, putting oil and gas insiders at the helm of environmental agencies, and hacking away at democratic norms that once enjoyed bipartisan support. The impacts on the nation's health, economy, and environment were - as this book carefully demonstrates - dire. But the damage can be reversed. Ordinary Americans, civil society groups, environmental professionals, and politicians at every level all have parts to play in making sure the needed energy transition leaves no one behind. This compelling book will appeal to course instructors and students, government and industry officials, activists and journalists, and everyone concerned about the nation's future.
Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.
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.
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.
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.
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.
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
Deliberative democracy is well-suited to the challenges of governing in the Anthropocene. But deliberative democratic practices are only suited to these challenges to the extent that five prerequisites - empoweredness, embeddedness, experimentality, equivocality, and equitableness - are successfully institutionalized. Governance must be: created by those it addresses, applicable equally to all, capable of learning from (and adapting to) experience, rationally grounded, and internalized by those who adopt and experience it. This book analyzes these five major normative principles, pairing each with one of the Earth System Governance Project's analytical problems to provide an in-depth discussion of the minimal conditions for environmental governance that can be truly sustainable. It is ideal for scholars and graduate students in global environmental politics, earth system governance, and international environmental policy. 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.
Climate change is leading to changing patterns of precipitation and increasingly extreme global weather. There is an urgent need to synthesize our current knowledge on climate risks to water security, which in turn is fundamental for achieving sustainable water management. Climate Risk and Sustainable Water Management discusses hydrological extremes, climate variability, climate impact assessment, risk analysis, and hydrological modelling. It provides a comprehensive interdisciplinary exploration of climate risks to water security, helping to guide sustainable water management in a changing and uncertain future. The relevant theory is accessibly explained using examples throughout, helping readers to apply the knowledge learned to their own situations and challenges. This textbook is especially valuable to students of hydrology, resource management, climate change, and geography, as well as a reference textbook for researchers, civil and environmental engineers, and water management professionals concerned with water-related hazards, water cycles, and climate change.
This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.
We live in unprecedented times - the Anthropocene - defined by far-reaching human impacts on the natural systems that underpin civilisation. Planetary Health explores the many environmental changes that threaten to undermine progress in human health, and explains how these changes affect health outcomes, from pandemics to infectious diseases to mental health, from chronic diseases to injuries. It shows how people can adapt to those changes that are now unavoidable, through actions that both improve health and safeguard the environment. But humanity must do more than just adapt: we need transformative changes across many sectors - energy, housing, transport, food, and health care. The book discusses specific policies, technologies, and interventions to achieve the change required, and explains how these can be implemented. It presents the evidence, builds hope in our common future, and aims to motivate action by everyone, from the general public to policymakers to health practitioners.
Economic, technological, social and environmental transformations are affecting all humanity, and decisions taken today will impact the quality of life for all future generations. This volume surveys current commitments to sustainable development, analysing innovative policies, practices and procedures to promote respect for intergenerational justice. Expert contributors provide serious scholarly and practical discussions of the theoretical, institutional, and legal considerations inherent in intergenerational justice at local, national, regional and global scales. They investigate treaty commitments related to intergenerational equity, explore linkages between regimes, and offer insights from diverse experiences of national future generations' institutions. This volume should be read by lawyers, academics, policy-makers, business and civil society leaders interested in the economy, society, the environment, sustainable development, climate change, and other law, policy and practices impacting all generations.
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.
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.
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. |
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