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Books > Law > International law > Public international law > International environmental law
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.
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.
International institutions are prevalent in world politics. More than a thousand multilateral treaties are in place just to protect the environment alone, and there are many more. And yet, it is also clear that these institutions do not operate in a void but are enmeshed in larger, highly complex webs of governance arrangements. This compelling book conceptualises these broader structures as the 'architectures' of global governance. Here, over 40 international relations scholars offer an authoritative synthesis of a decade of research on global governance architectures with an empirical focus on protecting the environment and vital earth systems. They investigate the structural intricacies of earth system governance and explain how global architectures enable or hinder individual institutions and their overall effectiveness. The book offers much-needed conceptual clarity about key building blocks and structures of complex governance architectures, charts detailed directions for new research, and provides analytical groundwork for policy reform. 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.
Environmental law envisions ecological systems as existing in an equilibrium state, or a balance of nature, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, resilience theory, which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
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.
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.
This research review discusses seminal articles and essays on the law of the polar regions. It traces the historical development of polar law in the Arctic and Antarctic and then analyses in detail the specific legal regimes that have developed for both regions. Common elements assist in the assessment of recent and future developments in international polar law as it has evolved from a narrow legal discourse into one that reflects a significant body of international law for regions that have increasing importance in global affairs.This research review will be a valuable resource for students, academics and practitioners.
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.
As climate change begins to take a serious toll on the planet--with much more damage yet to come--a solution to our warming problems is hiding in plain sight. We need to commit to de-carbonizing our economy, and do so immediately, but so far we have lacked the courage to really try. Our fears of nuclear energy have grown irrationally large, even as our fears of climate change are irrationally small. In this clear-sighted and compelling book, Joshua Goldstein and Steffan Qvist come bearing good news: a real solution, one that is fast, cheap, and provably works. Based on Sweden's success cutting their carbon emissions in half, Goldstein and Qvist argue for a policy that combines nuclear and renewable energy sources. From 1970-1990, Sweden replaced coal power plants with nuclear ones, and slowly integrated renewable energy alongside it. During that same time period, the country generated more electricity than ever and its economy grew by 50 percent. They have had no nuclear accidents, nor has any of their uranium been stolen by terrorists. Separating facts from doomsday scenarios, Goldstein and Qvist force a real and meaningful dialogue about what the best energy policy is, and the dangers of remaining on our present path. And they offer an answer that really could work--if only we'd give it a try.
During the past thirty years attempts have been made to use human rights to achieve environmental objectives, or indeed to contest environmental measures. This volume brings together the relevant decisions from the United Nations, European and Inter-American human rights systems. It provides a summary or note of each case, and includes an invaluable digest of the cases arranged by the human right relied upon. This is an essential reference work for all those interested in human rights and environment.
How do we begin to handle the greatest crisis affecting humanity today? Climate change is already causing droughts, flooding, and famine that are forcing people to leave their livelihoods and communities. In the years to come, millions will find their local areas uninhabitable, as mass displacement of people reaches disastrous levels. Handling Climate Displacement explains how climate change has become recognized as a human rights concern, and how human rights are key to managing the crisis. Local authorities and populations increasingly call for guidance in the absence of an internationally recognized framework. Drafted in 2013 by a committee of experts and practitioners, Hassine uses the Peninsula Principles on Climate Displacement within States to offer concrete solutions to the impending emergency. Enriched by the author's experience working with the victims of climate displacement, this book offers an effective framework to deal with the challenges presented by mass displacement while protecting human rights.
This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)
Exploring the intersection of the 'domestic' and the 'international' in environmental politics, this book presents seven original case studies which show how the internationalization of environmental protection efforts is altering policy-making processes, policy outcomes, and the effectiveness of policy implementation. The authors argue that while new norms and institutions for the global environment are emerging which are changing policy-making processes at the national and regional levels, sub-state politics continues to influence strongly the nature of national responses to international environmental problems. The volume examines climate change politics in China, Japan, and Germany; ozone layer protection in the United States, United Kingdom, Japan, and Germany; East-West environmental cooperation and the former Soviet Union; Zimbabwe and the Convention on International Trade in Endangered Species; biodiversity politics in the United States and United Kingdom; and environmental protection within the European Union.
This book deals with international law in Antarctica and the Arctic. It reviews how each region is managed by the individual legal regimes, and how the special international laws developed specifically to deal with polar problems (for instance, protection of the environment) have contributed to the development of international law. It covers the legal issues concerning the geography and environment of the regions; the relevant aspects of the law of the sea; resource management; and environmental protection. The author reviews the international relations regime theory to analyse the development of the Polar regimes, and considers how the international relations necessary to deal with the unique problems caused by the polar environment and regional politics, has contributed to a greater understanding of international law.
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states' attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.
During the 1970s and 1980s the United States led the world in negotiating one of the most important treaties in history, the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the world-an area larger than the continental United States itself-and protected navigational freedom, so critical for Naval mobility. The United States was also recognized as having access to four deep seabed mine sites, each roughly the size of the State of Rhode Island, and each containing approximately a quarter trillion dollars in strategic minerals. Today UNCLOS is in force for 168 countries and the European Union. Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention. This book is about the potential damage to American national interests caused by this isolationist narrative. It discusses the robust reasons favoring the Convention, and offers a sharp critical examination of the arguments still being made against it. John Norton Moore posits that isolationist obstruction has cost the United States two deep seabed mine sites, "USA-2" and "USA-3," for a loss of a half trillion dollars in strategic minerals, and shows how a continuation of this narrative threatens the loss of "USA-1" and "USA-4" for another half trillion dollars-all while China has acquired four deep seabed sites and the Russian Federation three. In this ground-breaking, and vigorously argued new work, Moore asserts that it is time to accede to the Convention, as has been urged for decades by Presidents from both sides of the political divide.
As conservation of the environment plays an increasingly important
role within society, International Law and the Environment
continues to be the essential read for students and practitioners
alike.
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.
"Rethinking Private Authority" examines the role of non-state actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. Jessica Green identifies two distinct forms of private authority--one in which states delegate authority to private actors, and another in which entrepreneurial actors generate their own rules, persuading others to adopt them. Drawing on a wealth of empirical evidence spanning a century of environmental rule making, Green shows how the delegation of authority to private actors has played a small but consistent role in multilateral environmental agreements over the past fifty years, largely in the area of treaty implementation. This contrasts with entrepreneurial authority, where most private environmental rules have been created in the past two decades. Green traces how this dynamic and fast-growing form of private authority is becoming increasingly common in areas ranging from organic food to green building practices to sustainable tourism. She persuasively argues that the configuration of state preferences and the existing institutional landscape are paramount to explaining why private authority emerges and assumes the form that it does. In-depth cases on climate change provide evidence for her arguments. Groundbreaking in scope, "Rethinking Private Authority" demonstrates that authority in world politics is diffused across multiple levels and diverse actors, and it offers a more complete picture of how private actors are helping to shape our response to today's most pressing environmental problems
In dieser Arbeit wird das Recht als Instrument zur Bewaltigung der Herausforderungen des Meeresspiegelanstiegs untersucht. Da sich die beiden exemplarisch ausgewahlten Lander in ihren Anpassungsstrategien und den entsprechenden rechtlichen Regelungen deutlich unterscheiden, stellt der Autor allgemeine Ideen vor, wie jeder rechtliche Rahmen, der vor ahnlichen Herausforderungen steht, verbessert werden koennte. Insbesondere werden (Hochwasser-)Risikobewertungen, Kustenschutz und hochwassersichere Bauweise sowie Raum- und Landnutzungsplanung, einschliesslich des kontrollierten Ruckzugs, diskutiert. Aufgrund der grundlichen Analyse ist dieses Buch nicht nur eine unverzichtbare Lekture fur politische Entscheidungstrager und Forscher, die sich fur den Kustenbereich interessieren, sondern fur die Anpassung an den Klimawandel im Allgemeinen, da viele allgemeine Erkenntnisse auf andere Auswirkungen ubertragbar sind.
ThisbookdependsonadissertationpreparedattheDepartementofGeosciencesat theUniversityHamburg. ItwasacceptedbytheDepartementwiththegradesumma cumlaudein2008. IwouldliketothankmyacademicadvisorProf. Dr. WilfriedZahelforhisconstant supportandforthelongandconstructivediscussions. Further,IwouldliketothankProf. Dr. Jur .. genSundermann .. forintroducingmeto theInternationalMaxPlanckResearchSchool. TheInternationalMaxPlanckResearchSchoolforMaritimeAffairsandinparticu larProf. Dr. Dr. h. c. Jur .. genBasedowandhisco directorsarethankedforgivingme theopportunitytoperformthisstudyinHamburg. IacknowledgethecomputationalsupportoftheDKRZandNEC,especiallythe helpfulcommentsofKlausKetelsenandJens OlafBeismann. LastbutnotleastmanythankstomywifeJanaSillmannandmysonDariusfor givingmethetimeIneededforthisstudyandprovidingajoyfulandlovinghome. ThisworkhasbeenfundedbytheInternationalMaxPlanckResearchSchoolfor MaritimeAffairsattheUniversityHamburg. Hamburg,August2008 MalteMuller .. Contents Abstract...1 1 Introduction...3 2 TheoryandModel ...7 2. 1 Theory ...7 2. 1. 1 SecondaryForces:TheLoadingandSelf AttractionEffect . 8 2. 1. 2 TheEquationsofMotionandtheEquationofContinuity...11 2. 1. 3 EnergyBalance...1 4 2. 1. 4 ParameterizationoftheLSA AnAnalyticalApproach ...16 2. 2 Model...18 2. 2. 1 TheImplicitlyRestartedArnoldiMethod...19 2. 2. 2 TheParallelizationwithMPI ...21 2. 2. 3 ThePerformanceoftheModel...21 3 TheFreeOscillations...23 3. 1 GravitationalModes...23 3. 1. 1 The? value...24 3. 1. 2 TheIn?uenceoftheLSA ...25 3. 1. 3 TheAntarcticKelvinWave...30 3. 1. 4 NewModes...30 3. 1. 5 TheSlowestModes ...31 3. 2 VorticityModes...32 3. 2. 1 TopographicalVorticityModes...32 3. 2. 2 PlanetaryVorticityModes...34 4 SynthesisofForcedOscillations...39 4. 1 TidalDynamicsandtheIn?uenceofLSA...40 4. 1. 1 TheProcedureofTidalSynthesis...40 4. 1. 2 LSA effectonForcedOscillations...45 4. 1. 3 TheSynthesisoftheSemidiurnalandDiurnalTides...50 xi xii Contents 4. 2 IntegrationoftheSolutionsofaTidalModelwithAssimilationof Data...55 4. 2. 1 NewExpansionCoef?cients...55 4. 2. 2 NewFrequenciesandAdjointEigenfunctions ...59 4. 2. 3 Results...61 4. 2. 4 Summary...70 4. 2. 5 Discussion...71 5 Conclusion ...73 Figures...75 Tables...101 Appendix...105 ListofSymbols ...109 References...113 Index ...1 17 Abstract AnewsetofbarotropicfreeoscillationsoftheWorldOceaniscomputedwithex plicitconsiderationofdissipativetermsandthefulloceanloadingandself attraction effect(LSA). Thissetcontainsfreeoscillationsthatdidnotappearinthespectraof previousstudies. Furthermore,theexpansiontowardslongerperiods(165hours) yieldsnewglobalplanetarymodes. Altogether169freeoscillationsarecomputed withperiodslongerthan7. 7hours. Ofthese,71aregravitationalmodes,92areto pographicallycontrolledvorticitymodes,and6areplanetaryvorticitymodes. The in?uenceoftheLSAisinvestigatedforallthreekindsofmodeswithrespectto changesintheperiodsandinthespatialstructureoftheseasurfaceelevationand thehorizontalmasstransports. Inparticular,formodesinthesemi diurnalanddi urnalperiodrange,theparameterizationoftheLSAisanalyzed. Forthefreeoscillationsintheperiodrangefrom9to40hoursthecorresponding adjointsolutionsarecomputedandusedtosynthesizesemidiurnalanddiurnaltides ofseconddegree. Sincethesefreeoscillationsaredeterminedwithandwithoutcon siderationofthefullLSA effect,thisstudyallowsforadetailedanalysisoftheLSA onthedynamicsofoceantides,e. g. anphysicalexplanationisgivenfortheinduced phasedelaycomputedbyoceantidemodels. Further,thesynthesisgivesaspectral compositionofcertainwellknowntidalfeaturesandpairsoffreeoscillationsare identi?ed,diminishingtheircontributioneitheronaglobalorlocalscale. Further,semidiurnalanddiurnaltidalsolutionsofatidalmodelwithassimilation ofdataareintegratedintheprocedureofsynthesizingtides.
This latest Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) will again form the standard reference for all those concerned with climate change and its consequences, including students, researchers and policy makers in environmental science, meteorology, climatology, biology, ecology, atmospheric chemistry and environmental policy.
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. |
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