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.

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.

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.

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.

Guaranteeing energy security is one of the most complex challenges of energy law and policy. Energy insecurity threatens economic development, social peace and stability. This book focuses on energy security in the strategically important region of Central Asia. The region holds huge energy reserves, but its energy systems are highly inefficient and unreliable, and thus require urgent reform. However, endemic corruption, discrimination and the strong centralization of power have so far blocked initiatives to reorganize energy supply. The case of Central Asia is uniquely relevant for understanding the informal constraints on energy law and policy. In addition, Central Asian energy insecurity illustrates the impact of geopolitics on the regulation of energy markets. The region is strategically located in Russia's sphere of influence and along China's New Silk Road. Its energy situation highlights the complex interactions amongst energy law, geopolitics and institutions.

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.

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.

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.

Regulatory Competition and Economic Integration addresses one of the hottest policy questions on both sides of the Atlantic. Esty and Geradin bring together top-notch scholars from both Europe and the United States to examine the various aspects of the debate between 'harmonization' and 'regulatory competition' across three comparative dimensions. The book provides a sharp focus on the circumstances that would yield gains from regulatory competition and to contrast those cases where heightened co-operation in standard setting or broader regulatory harmonization might increase social welfare.

This collection draws together a range of approaches to environmental legal issues, covering a broad spectrum from domestic to international law. The potential contribution of these varied legal techniques to successful environmental decision-making is then critically assessed by the contributors. The book should appeal to a broader academic audience than the traditional substantive environmental law text.

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 textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.

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.

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.

"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.

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.

International economic law guides and shapes globalization and the future of the world economy, our human societies, and the Earth. The rules which facilitate trade and investment could defend the interests of Hermes, Greek god of commerce and thieves, or learn to draw inspiration from Athena, goddess of justice, wisdom, and crafts. This volume explores how trade and investment agreements could promote more sustainable development, rather than increasing the negative social and environmental impacts of economic growth. States and other actors are attempting to integrate social and environmental considerations into trade and investment policies, towards more sustainable development. Analysing their efforts, this volume offers insights into the ways that commitments to sustainability are being operationalized in the texts of economic treaties themselves. Written by a renowned expert jurist and professor of law, this book examines the measures being debated in the WTO and adopted by States in a selection of innovative and flexible regional and bilateral trade and investment accords. With legal examples spanning decades of experimentation and experience, the book illuminates how States and stakeholders are seeking innovative ways to integrate environmental and social considerations into trade and investment agreements. Introducing a ground-breaking systematic approach, the volume considers how, through this integration, international trade and investment law can contribute to the achievement of the world's Sustainable Development Goals.