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.

An assessment of policy options for future global climate governance, written by a team of leading experts from the European Union and developing countries. Global climate governance is at a crossroads. The 1997 Kyoto Protocol was merely a first step, and its core commitments expire in 2012. This book addresses three questions which will be central to any new climate agreement. What is the most effective overall legal and institutional architecture for successful and equitable climate politics? What role should non-state actors play, including multinational corporations, non-governmental organizations, public private partnerships and market mechanisms in general? How can we deal with the growing challenge of adapting our existing institutions to a substantially warmer world? This important resource offers policy practitioners in-depth qualitative and quantitative assessments of the costs and benefits of various policy options, and also offers academics from wide-ranging disciplines insight into innovative interdisciplinary approaches towards international climate negotiations.

The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complimentary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. Regulating Health andEnvironmental Risks under the WTO Law examinesthe WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In which it is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion.
The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures.

In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

The system of international co-operation in the Antarctic has been evolving rapidly since the signing of the Antarctic Treaty in 1959. Inextricably linked to this co-operation is the question of the rational management of Antarctic resources. In this book Professor Orrego Vicuna examines in depth the legal framework - the Antarctic Treaty, sovereignty, jurisdiction and the law of the sea - as it relates to the exploitation of Antarctic minerals. This is fast becoming a live issue with the ever-growing potential for the development of these resources. The first part of the book examines the main characteristics of the international legal framework governing the co-operation of states in Antarctica, particularly in relation to resource conservation. Against this background, in the second part of the book, the regime for mineral resources is discussed in sufficient detail to identify the basic issues and interests which have to be accommodated in order to attain an acceptable convention. The final part of the book considers the important set of questions raised by the interest of the world community at large in the Antarctic: most significantly, the initiatives concerning a broader international participation under the auspices of the United Nations.

The Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.

International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.

The Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.

Despite the social, nutritional, economical and environmental importance of Tanzanian coastal areas, yet they are vulnerable to both over-exploitation and degradation of their habitats. Using the data from two coastal villages and econometric methods as well as Stochastic Production Frontier techniques, the book demonstrates the extent which various socio-economic dimensions of rural coastal households influence livelihood pathways, production efficiency and attitudes towards conservation initiatives. Thus, attention to differential patterns of rural coastal households presents more viable possibilities for coastal villages to have conservation-development policies/programs that lead to poverty reduction.

Through a detailed analysis this book examines the role of law in European Union integration processes through the implementation of the EU Directive on Integrated Pollution Prevention and Control at European Level and in the UK and Germany. The book questions traditional conceptions which perceive law as the 'formal law in the books', as instrumental and as relatively autonomous in relation to its social contexts. The book also discusses in depth how the key legal obligation on the Directive, to employ 'the best available techniques', is actually implemented. This research locates the analysis of the implementation of the IPPC Directive in the wider context of current, cutting-edge political science and sociology of law debates about the role of law in EU integration processes, the nature of EU law, new modes of governance and the significance of 'law in action' for understanding legal process.

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.

International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

The fifth and final volume of the International Environmental Law Reports collects together eighteen decisions from international tribunals. As well as decisions of the International Court of Justice, the volume includes decisions from the International Tribunal for the Law of the Sea, various arbitral tribunals and the United Nations Compensation Commission. The comprehensive case summaries are also backed up by detailed cross references to original sources. Covering four decades of legal proceedings, this volume brings the 'classic' decisions up to date with the major modern decisions of international tribunals.

The fifth and final volume of the International Environmental Law Reports collects together eighteen decisions from international tribunals. As well as decisions of the International Court of Justice, the volume includes decisions from the International Tribunal for the Law of the Sea, various arbitral tribunals and the United Nations Compensation Commission. The comprehensive case summaries are also backed up by detailed cross references to original sources. Covering four decades of legal proceedings, this volume brings the 'classic' decisions up to date with the major modern decisions of international tribunals.

How can we best protect the polar marine environment against pollution? Leading scholars on environmental law, the law of the sea, and Arctic and Antarctic affairs here examine this important question. To what extent do existing global instruments of environmental protection apply to the Arctic Ocean and the Southern Ocean? Can the arrangements adopted at regional, sub-regional and national levels provide adequate protection? This book examines and compares various levels of regulation in protecting the marine environment of the Arctic and Antarctic, with specific attention to land-based activities, radioactive waste dumping, and shipping in ice-covered waters. Developments since the establishment of the Arctic Council in 1996 and the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998 are also discussed. This is a volume that will appeal to polar specialists and to all those interested in environmental law and policy.

Rescuing Science from Politics debuts chapters by the nation's leading academics in law, science, and philosophy who explore ways that the law can be abused by special interests to intrude on the way scientists conduct research. The high stakes and adversarial features of regulation create the worst possible climate for the honest production and use of science especially by those who will ultimately bear the cost of the resulting regulatory standards. Yet an in-depth exploration of the ways in which dominant interest groups distort the available science to support their positions has received little attention in the academic or popular literature. The book begins by establishing non-controversial principles of good scientific practice. These principles then serve as the benchmark against which each chapter author compares how science is misused in a specific regulatory setting and assist in isolating problems in the integration of science by the regulatory process.

Sean D. Murphy's wide-ranging and in-depth survey of United States practice in international law in the period 1999-2001 draws upon the statements and actions of the executive, legislative and judicial branches of the United States Government to examine its involvement across a range of areas. These include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, and human rights. Available for the first time in one compendium, this summary of the most salient issues (including the Kosovo conflict) will be a central source of information about US practice in international law. This volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners is the first in a series of books capturing the international law practice of a global player.

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

Sometimes solving climate change seems impossibly complex, and it is hard to know what changes we all can and should make to help. This book offers hope. Drawing on the latest research, Mark Jaccard shows us how to recognize the absolutely essential actions (decarbonizing electricity and transport) and policies (regulations that phase out coal plants and gasoline vehicles, carbon tariffs). Rather than feeling paralyzed and pursuing ineffective efforts, we can all make a few key changes in our lifestyles to reduce emissions, to contribute to the urgently needed affordable energy transition in developed and developing countries. More importantly, Jaccard shows how to distinguish climate-sincere from insincere politicians and increase the chance of electing and sustaining these leaders in power. In combining the personal and the political, The Citizen's Guide to Climate Success offers a clear and simple strategic path to solving the greatest problem of our times. This title is also available as Open Access on Cambridge Core.

The global energy transition from carbon-intensive to renewable fuels has increasingly demanded a better understanding of the causes and consequences of the rapid development of unconventional oil and gas. Focusing on key countries including the United States, Canada, China, Argentina, the United Kingdom and Australia, this book consists of case studies and in-depth analyses that weigh up the risks and rewards at regional, national and global scales. Explaining how and why unconventional fuels are transforming the global energy landscape, the strengths, weaknesses, opportunities and threats are explored through a political, economic and governance-based perspective. Emphasis is placed on how to regulate the industry, encompassing local issues, stakeholder engagement and the social licence to operate. The new baseline studies and standards introduced in this book provide a timely insight into the trade-offs across the social, economic and environmental domains, making this ideal for researchers and policymakers in energy fields, and for graduate students.

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.

Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? Benvenisti examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. His approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Although global water policy issues seem set to remain a cause for concern for the foreseeable future, this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, international relations scholars and practitioners.