Gerry Nagtzaam contends that in recent decades neoliberal institutionalist scholarship on global environmental regimes has burgeoned, as has constructivist scholarship on the key role played by norms in international politics. In this innovative volume, the author sets these interest- and norm-based approaches against each other in order to test their ability to illustrate why and how different environmental norms take hold in some regimes and not others. The book explores why some global environmental treaties seek to preserve and protect some parts of nature from human utilization, some seek to conserve certain parts of nature for human development, whilst others allow the reckless exploitation of nature without accounting for the consequences. It tracks the fate of these three underlying environmental norms - preservation, conservation and exploitation - using case studies on whaling, mining in Antarctica and tropical timber. The book illustrates how international political battles to shape environmental regimes inevitably result in clashes between these competing environmental norms. This unique study will prove a fascinating read for both academics and practitioners in the fields of international environmental politics and international environmental law.

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.' - David Grinlinton, Journal of Energy & Natural Resources Law This timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems. The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance. Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotze, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between climate change and trade rules. Regional as well as international perspectives are taken into account to inform the complex questions that arise and redirect research efforts towards newly emerging issues. The Research Handbook on Climate Change and Trade Law discusses some of the most important challenges regarding conflicting interests at the intersection of trade, climate change and investment. The insightful chapters map from both regional and global perspectives the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting, and trade in 'green' goods and services. This timely book redefines the interrelationship of trade and climate change for future scholarship and offers specific suggestions for much-needed research in topics such as energy, carbon taxes and credits, food, standardization, and investment. This Research Handbook will be essential reading for researchers and advanced students in international trade and investment law. It will also be an invaluable resource for practitioners and policymakers in this dynamic and highly significant area of law. Contributors include: M. Alder, P. Arnaiz, S. Bigdeli, J. Chaisse, T. Cottier, P. Delimatsis, A. Dimopoulos, F. Fleurke, A. Gourgourinis, A.H. Lim, J. McMahon, S. Melnyk, J. Munro, K. Nadakavukaren Schefer, R. Partain, T. Payosova, V. Pogoretskyy, D. Ramos, E. Reid, M. Rimmer, L. Tamiotti, J.P. Trachtman, A. vanDuzer, E. Vranes, M. Wu, M. Young, R. Zhang

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

The Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing upon law, economics and, at times, political science, to present relevant research strands in a clear and multifaceted way. Its comprehensive mix of theoretical analysis and experiences from existing trading systems offers insights that can be applied around the world. The expert contributors bring together views from different disciplinary and geographic perspectives. This multifaceted examination of economic and legal origins, implementation problems and the emerging international aspect of emissions trading identifies key bodies of research for both upcoming and seasoned academics in the field and highlights future research opportunities. Its broad and accessible approach touches on climate law, environmental law and environmental governance. This Research Handbook will appeal strongly to academics and postgraduate students, as well as providing valuable insights for regulators, government officials and practitioners who are involved in emissions trading. Contributors include: H. Chen, D.H. Cole, C. de Perthuis, A.F. Gubina, F. Gulli, B. Hinterman, K. Holzer, C. Kettner, E. Kosolapova, A. Nentjes, K. Nield, M. Peeters, R. Pereira, K.S. Rogge, R. Trotignon, A. Tuerk, J. van Zeben

'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov'This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.' - Fernando Dias Simoes, European Yearbook of International Economic Law 2018 'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US 'This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.' - Alan Randall, The Ohio State University, US and University of Sydney, Australia 'There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.' - Darryl Jarvis, Hong Kong Institute of Education 'Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.' - Tsai-yu Lin, National Taiwan University 'Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.' - Chinese Journal of Environmental Law ers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations. Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. Turrini

Whaling Diplomacy is the only book that addresses all of the substantive issues relating to the conservation of whales through the International Whaling Commission (IWC). It covers the law, policy, science and philosophy at the heart of each element of the debate, discussing how it has developed, the current problems that beset it and what is necessary for the future. Together, all of the issues involved in whaling form a single crucible through which the future of conservation in international environmental law is being debated. The intensity of this debate, despite being at the forefront of international environmental problems for over three decades has not dissipated, as ultimately, the clash of values, science and law within whaling diplomacy is one of the key front lines for international conservation in the 21st century. Studying the contemporary developments in international environmental law and policy, this book therefore is not just about whales, but also how related debates are being reflected in other forums. Students of law, politics, environmental economics and philosophy will find this book of great value for it's cutting-edge relevance over the three disciplines. Policymakers will also find it of interest for the insight into one of the most controversial conservation debates of our time.

This book critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union's role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU's global regulatory power.

Environmental taxes differ from each other according to the functions they serve and the manner in which they are implemented. This study highlights the appropriateness of different kinds of environmental taxes against a rigorous framework of theory and case study evidence. The purpose of this book is to analyse the way in which environmental taxes are categorized and which factors affect the effectiveness and efficiency of the different kinds of environmental taxes in practice. This pragmatic approach is emphasized along with the multiplicity of regulatory problems such as: At what level should the environmental tax rate be set? What is the proper time schedule for introducing an environmental tax? What are the most appropriate taxable characteristics and how should they be determined? What activities should be exempt from environmental taxation? How can tax relief be implemented? These are only some of the regulatory problems explored in this study, which also encompasses an examination of the theory of regulation. The author argues that economists have often paid too little attention to the administrative and legal issues concerning the implementation of legislation, such as environmental tax laws, which are of course vital to the success of any potential policy. Lawyers too have in turn neglected the theory of regulation, which would assist in analysing problems in a future-oriented way. Environmental Taxes will therefore be of great interest to a wide audience of environmental economists, law and economics scholars as well as policymakers.

Voluntary approaches, such as corporate codes of conduct, have been widely advocated as alternatives to traditional approaches to environmental regulation. Yet concern remains that companies cannot be trusted to police themselves and that many of the putative advantages of self-regulation, such as reduced cost and increased flexibility, have not been realised in practice. The book systematically analyses three initiatives (environmental management systems, the Australian Greenhouse Challenge and the Australian mining industry's Code for Environmental Management) and their contribution to public environmental policy. By moving the debate away from narrow considerations of economic efficiency towards a broader framework that accounts for the multiple goals to which environmental policy needs to be directed, this book significantly enhances our understanding of the role that voluntary approaches can play in achieving environmental policy goals. The book is required reading for all those concerned with the design and implementation of modern environmental policy.

This new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries. Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes. This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.

Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.

This book provides an in-depth assessment of the modern geopolitics of hydrocarbon resources in the territorial waters of the Eastern Mediterranean, highlighting the current conflicts and disputes in the maritime territories of Egypt, Israel, Lebanon, Cyprus, and Turkey. Further, these geopolitical aspects are analyzed within the broader context of the tensions between and competing interests of big powers such as the USA, Russia, and the European Union. To what extent can major powers influence regional actors and guide them toward rational outcomes? To what extent can economic self-interest contain nationalistic impulses? What are the most practical and sustainable ways of promoting win-win scenarios? This book focuses on such questions and presents a number of clear policy guidelines to help the conflict-laden Eastern Mediterranean region gain a more peaceful and sustainable footing for the greater benefit of the peoples living there.

This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015 Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotze, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. Stone

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

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

This book provides a broad understanding of whether law plays a role in influencing patterns of sustainable consumption and, if so, how. Bringing together legal scholars from the Global South and the Global North, it examines these questions in the context of national, transnational and international law, within single and plural legal systems, and across a range of sector-specific issue areas. The chapters identify how traditional legal disciplines (e.g. constitutional law, consumer law, public procurement, international public law), sector-related regulation (e.g. energy, water, waste), and legal rules in specific areas (e.g. eco-labelling and packing) engage with the concept of sustainable consumption. A number of the contributions describe this relationship by isolating a national legal system, while others approach it from the vantage point of legal pluralism, exploring the conflicts and convergences of rules between multiple international treaties (or guidelines) and those between the rules of international and transnational law (or both) vis-a-vis national legal systems. While sustainable consumption is recognised as an important field of interdisciplinary research linking virtually all social science disciplines, legal scholarship, in contrast, has neglected the importance of the field of sustainable consumption to the law. This book fills the gap.

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Paez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang

International energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialized areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes.Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy. This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practicing lawyers with a good understanding of what 'international energy law' really means. Contributors: R.J. Battaglia, A.V. Belyi, P. Cameron, M. Galligan, A.M.-Z. Gao, T.P.Gormley, K. Hober, L. Holt, S. de Jong, A. Konoplyanik, L.A. Low, R. Maalouf, T. Martin, M. Naseem, S. Naseem, Y. Omorogbe, S.-L. Penttinen, P. Roberts, A. Sabater, S.W. Schill, Y. Selivanova, I.A. Siddiky, M. Stadnyk, K. Talus, R.P. Tscherning, A. Wawryk, J. Wouters, K. Yafimava

The book is a cornerstone in the studies aimed at introducing a new form of democracy not just at a global level, through international environmental law, but also at local one, by regional and national regulation, to manage global and local ecological problems. In the light of the results pointed out in Parola's book (Environmental democracy at Global Level. Rights and duties for a new citizenship), this second work examines environmental democracy at a local level by referring to EU law. The European Union, as the only global region with the official objective of simultaneously promoting economic development, social cohesion and environmental protection is here used as an example for analyzing how the region has found (and is still developing) a range of solutions to various environmental issues. The book sheds new light on the transformation of Europe into a Green Europe.

Governing Arctic Seas introduces the concept of ecopolitical regions, using in-depth analyses of the Bering Strait and Barents Sea Regions to demonstrate how integrating the natural sciences, social sciences and Indigenous knowledge can reveal patterns, trends and processes as the basis for informed decisionmaking. This book draws on international, interdisciplinary and inclusive (holistic) perspectives to analyze governance mechanisms, built infrastructure and their coupling to achieve sustainability in biophysical regions subject to shared authority. Governing Arctic Seas is the first volume in a series of books on Informed Decisionmaking for Sustainability that apply, train and refine science diplomacy to address transboundary issues at scales ranging from local to global. For nations and peoples as well as those dealing with global concerns, this holistic process operates across a 'continuum of urgencies' from security time scales (mitigating risks of political, economic and cultural instabilities that are immediate) to sustainability time scales (balancing economic prosperity, environmental protection and societal well-being across generations). Informed decisionmaking is the apex goal, starting with questions that generate data as stages of research, integrating decisionmaking institutions to employ evidence to reveal options (without advocacy) that contribute to informed decisions. The first volumes in the series focus on the Arctic, revealing legal, economic, environmental and societal lessons with accelerating knowledge co-production to achieve progress with sustainability in this globally-relevant region that is undergoing an environmental state change in the sea and on land. Across all volumes, there is triangulation to integrate research, education and leadership as well as science, technology and innovation to elaborate the theory, methods and skills of informed decisionmaking to build common interests for the benefit of all on Earth.

It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate - from both empirical and normative perspectives - the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author - who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levels - provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administrative, and judicial systems which provide the framework for environmental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and, evaluation of national deficiencies and the extent of "muddling through." The empirical part of Dr. Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.

This book integrates important milestone cases with new analyses to provide comprehensive coverage of environmental law and economics. It covers important international topics, including interactions of global environmental features and public/private health, economics of the institutions for optimal environmental management, extension of the Polluter Pays Principle to the global arena (including international trade), improved approach to the usage of cost-benefit analysis methods, economic or environmental decision-making under risk aversion and uncertainty, integration of operations in world trade and finance with the ecology and economics of the environment, objective treatment of methods of compliance, and dispute settlement procedures in the international environmental disputes arena.

This book offers a comprehensive account of the transatlantic regulatory cooperation phenomenon: its causes and political context in a globalizing economy, its theoretical understanding, its relationship to trade and competition, its implications for democracy, and its likely directions in the future. This book recognizes that, while national authorities are still the principal actors in regulatory fields, regulation is increasingly an international affair.

The legal regime regulating ship safety and pollution provides an illustration of late-20th century trends in international law in general, and of the law of the sea and international environmental law in particular. The sources of law are expanding in several directions. The number of global instruments - both "soft" and "hard" law - is constantly increasing and regional organizations are more and more concerned with matters affecting traditional freedoms of the seas. Frequently, different levels of norms cover the same issues, thus creating competing - possibly even conflicting - rules. This volume provides a detailed examination of current legal issues relating to the variety of rules and rule-makers in the field of marine environmental protection, and also relates the recent developments to international law in a wider context. It contains revised and edited versions of the papers presented at a conference in the Aland Islands, Finland in August 1996, convened by the Department of LAw of Abo Akademi University, Finland.