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Books > Law > International law > Public international law > International environmental law
Cities play a pivotal but paradoxical role in the future of our planet. As world leaders and citizens grapple with the consequences of growth, pollution, climate change, and waste, urban sustainability has become a ubiquitous catchphrase and a beacon of hope. Yet, we know little about how the concept is implemented in daily life particularly with regard to questions of social justice and equity. This volume provides a unique and vital contribution to ongoing conversations about urban sustainability by looking beyond the promises, propaganda, and policies associated with the concept in order to explore both its mythic meanings and the practical implications in a variety of everyday contexts. The authors present ethnographic studies from cities in eleven countries and six continents. Each chapter highlights the universalized assumptions underlying interpretations of sustainability while elucidating the diverse and contradictory ways in which people understand, incorporate, advocate for, and reject sustainability in the course of their daily lives."
This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.
Politicians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution "The human right to water and sanitation". To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sector; and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.
The book offers a succinct overview of key topics and core concepts for food scientists, quality managers, and others who need to understand the regulation of food and dietary supplements in the U.S. It was designed and modeled after a six-week introduction to food law course currently taught at Northeastern University, and serves as a practical tool for regulatory professionals. The book includes a chapter on each major topic, with summations of the legislative history and general legal landscape. Each chapter focuses the reader on major and emerging issues encountered by facilities. A comparative law section at the end of every chapter offers readers an ability to view alternative methods of regulation and enforcement. This design is unique and allows students and working professionals alike to understand core concepts and the practical application of the law to their work. Using a modified casebook method approach, the book also serves as a practical tool for regulatory professionals.
Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.
This book presents the results of the Interdisciplinary Research Group "Society - Water - Technology" of the Berlin-Brandenburg Academy of Sciences and Humanities. It describes interdisciplinary evaluation criteria for major water engineering projects (MWEPs) and portrays an application to the Lower Jordan Valley (Middle East) and the Fergana Valley (Central Asia). Both areas are characterised by transboundary conflicts, by challenges due to demographic and climate change and by political and societal pressures. Based on the findings, the book provides recommendations for science and political decisions makers as well as for international financing institutions. In addition, it outlines research gaps from an interdisciplinary perspective. In the past, MWEPs have been used as an instrument to cope with the demands of growing populations and to enhance development progress. Experiences with MWEPs have shown that a purely technical approach has not always brought about the desired results. In many cases, MWEPs have even resulted in negative implications for society and environment. Therefore, improved management strategies and enhanced technologies for a sustainable water resource management system are a prerequisite to meet present and future challenges. And, moreover, the continuous evaluation and optimisation of these measures is, likewise, a must.
This book is for those who are not just interested in the ways humans have harmfully altered their environment, but instead wish to learn why the many governmental policies in place to curb such behavior have been unsuccessful. Since humans began to exploit natural resources for their own economic ends, we have ignored a central principle: nature and humans are not separate, but are a unified, interconnected system in which neither is superior to the other. Policy must reflect this reality. We failed to follow this principle in exploiting natural capital without expecting to pay any price, and in hurriedly adopting environmental laws and policies that reflected how we wanted nature to work instead of how it does work. This study relies on more accurate models for how nature works and humans behave. These models suggest that environmental laws should be consistent with the laws of nature.
The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy and philosophical issues presented by geoengineering. The book asks: when, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by what moral and legal right? If states or private actors undertake geoengineering ventures absent the blessing of the international community, what recourse do the rest of us have?
Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.
Economic production indicators such as gross domestic product (GDP) and the Human Development Index (HDI) fail to reflect the state of natural resources or ecological conditions and both focus exclusively on the short term. The Inclusive Wealth Report 2014 is the second book in an important biennial series that provides a new framework for measuring the inclusive wealth of nations. It provides an overview of how the capital asset components of inclusive wealth evolved between 1990 and 2010, and analyses the meaning of these trends for sustainability. While the asset base studied is largely unchanged from the 2012 report, the country sample has been expanded from 20 to 140 nations and the focus has shifted from natural to human capital. This report offers a wealth of information for researchers and policy-makers, identifying key gaps in data and knowledge, and suggesting specific needs for future research.
Cities play a pivotal but paradoxical role in the future of our planet. As world leaders and citizens grapple with the consequences of growth, pollution, climate change, and waste, urban sustainability has become a ubiquitous catchphrase and a beacon of hope. Yet, we know little about how the concept is implemented in daily life particularly with regard to questions of social justice and equity. This volume provides a unique and vital contribution to ongoing conversations about urban sustainability by looking beyond the promises, propaganda, and policies associated with the concept in order to explore both its mythic meanings and the practical implications in a variety of everyday contexts. The authors present ethnographic studies from cities in eleven countries and six continents. Each chapter highlights the universalized assumptions underlying interpretations of sustainability while elucidating the diverse and contradictory ways in which people understand, incorporate, advocate for, and reject sustainability in the course of their daily lives."
Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.
International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport and numerous other planetary challenges require individual countries to adhere to international norms. What have been the successes and failures in the environmental treaty-making arena? How has the role of civil society and scientific consensus contributed to this maturing process? Why have some treaties been more enforceable than others and which theories of international relations can further inform efforts in this regard? Addressing these questions with renewed emphasis on close case analysis makes this volume a timely and thorough postscript to the Rio-Plus 20 summit's celebrated invocation document, The Future We Want, towards sustainable development. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. In this book, authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making.
This book, the first in a new series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing recent progress in the development of domestic regulatory regimes for biosafety. It also examines the legal, political, economic, and practical challenges and solutions encountered in recent efforts to develop and implement domestic biosafety regulations, with a focus on developing countries. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines recent developments in biosafety law and policy.
Hurricane Katrina slammed into the Gulf Coast in August 2005 with devastating consequences. Almost all analyses of the disaster have been dedicated to the way the hurricane affected New Orleans. This volume examines the impact of Katrina on southern Mississippi. While communities along Mississippi's Gulf Coast shared the impact, their socioeconomic and demographic compositions varied widely, leading to different types and rates of recovery. This volume furthers our understanding of the pace of recovery and its geographic extent, and explores the role of inequalities in the recovery process and those antecedent conditions that could give rise to a 'recovery divide'. It will be especially appealing to researchers and advanced students of natural disasters and policy makers dealing with disaster consequences and recovery.
With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.
This textbook presents key theoretical approaches to understanding issues of sustainability and environmental management, perfectly bridging the gap between engineering and environmental science. It begins with the fundamentals of environmental modelling and toxicology, which are then used to discuss qualitative and quantitative risk assessment methods, and environmental assessments of product design. It discusses how business and government can work towards sustainability, focusing on managerial and legal tools, before considering ethics and how decisions on environmental management can be made. Students will learn quantitative methods while also gaining an understanding of qualitative, legal, and ethical aspects of sustainability. Practical applications are included throughout, and there are study questions at the end of each chapter. PowerPoint slides and jpegs of all the figures in the book are provided online. This is the perfect textbook on environmental studies for engineering and applied science students.
This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.
The research focus for the IUCN Academy of Environmental Law in 2003 was a timely and challenging one, entitled 'The Law of Energy for Sustainable Development'. As contemporary world politics demonstrates, energy resources and generation are crucial issues facing the international community. As research on energy law, at the international, regional, and national level is in its infancy, the insights provided by the contributors to this 2005 volume are a significant addition to the field.
This volume is a companion to The Law of Energy for Sustainable Development. Here the IUCN Academy of Environmental Law assembles a volume of legal instruments which can be recognized as constituting the core of the law of energy for sustainable development. It will be an essential reference for all those involved in environmental and energy research.
This book collects land use laws from countries on each continent that attempt to achieve sustainable development. Due to the startling evidence of global deterioriation and the long-term trends in land use, the Johannesburg Declaration on Sustainable Development was signed in 2002. In the laws collected in this volume, the reader can witness the evolution of national legal systems as they respond to the challenge of sustainable development. This volume illuminates the great flexibility and power of the law as a vehicle for change. Laws contained in this compendium are mechanisms competent to address society's problems; they provide strategies that are appropriate to the culture and place of their origin. The book provides evidence that laws and law reform are being used to create strategies that address a worldwide priority: the clear need to effectively use and preserve the land and its natural resources.
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.
The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.
In the 1990s and mid 2000s, turbulent political and social protests surrounded the issue of private sector involvement in providing urban water services in both the developed and developing world. Water on Tap explores examples of such conflicts in six national settings (France, Bolivia, Chile, Argentina, South Africa and New Zealand), focusing on a central question: how were rights and regulation mobilised to address the demands of redistribution and recognition? Two modes of governance emerged: managed liberalisation and participatory democracy, often in hybrid forms that complicated simple oppositions between public and private, commodity and human right. The case studies examine the effects of transnational and domestic regulatory frameworks shaping the provision of urban water services, bilateral investment treaties and the contributions of non-state actors such as transnational corporations, civil society organisations and social movement activists. The conceptual framework developed can be applied to a wide range of transnational governance contexts. |
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