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Books > Law > International law > Public international law > International environmental law
"International Environmental Law and Economics "combines new
analysis and milestone cases to create a comprehensive guide to
environmental law and economics. Its analyses are intended to lead
to operationally meaningful environmental policies and
international laws governing the global environment. The fundamentals of ecological and environmental economics, the
concept of sustainable development, and the economics of
environmental sustainability are then explained. The book draws on
several analytical techniques, including game theory, optimization,
and decision-making under uncertainty, to examine key issues:
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.
This book is the first to undertake a gendered analysis of geoengineering and alternative energy sources. Are either of these technologies sufficiently attendant to gender issues? Do they incorporate feminist values as articulated by the renowned social philosopher Helen Longino, such as empirical adequacy, novelty, heterogeneity, complexity and applicability to human needs? The overarching argument in this book contends that, while mitigation strategies like solar and wind energy go much further to meet feminist objectives and virtues, geoengineering is not consistent with the values of justice as articulated in Longino's feminist approach to science. This book provides a novel, feminist argument in support of pursuing alternative energy in the place of geoengineering. It provides an invaluable contribution for academics and students working in the areas of gender, science and climate change as well as policy makers interested in innovative ways of taking up climate change mitigation and gender.
The emerging field of corporate law, corporate governance and sustainability is one of the most dynamic and significant areas of law and policy in light of the convergence of environmental, social and economic crises that we face as a global society. Understanding the impact of the corporation on society and realizing its potential for contributing to sustainability is vital for the future of humanity. This Handbook comprehensively assesses the state-of-the-art in this field through in-depth discussion of sustainability-related problems, numerous case studies on regulatory responses implemented by jurisdictions around the world, and analyses of predominant strategies and potential drivers of change. This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated global society's most pressing challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.
This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.
This book examines the nuances of the relationship between development and environmental conservation policy in India over the last three decades. While India is taken as the focal point, the study extends to an analysis of global aspects and other developing countries as and when the situation demands. Understanding that development always has to take environmental issues into consideration, the book undertakes critical reviews of the different ways in which this has been done. The review is based on a grasp of the simultaneous developments in the theoretical understanding of the environment and ecosystems and provides pointers towards directions for possible change. The motivation for the book lies in the continuing distance between theoretical knowledge of the role of the environment, in particular the underlying long-term links between human wellbeing and wise use of nature, and its application in public policy. The book also proposes that whichever theoretical cornerstone is taken as the starting point, it is the ethical undertones that drive the analysis in directions that acquire meaning in terms of the quality and legitimacy of decision-making. It explores the relevance to policy of a variety of radical conceptual development and policy directions, such as dematerialising growth, the social metabolism approach and the degrowth movement. Further, the dilemma facing environmental policy continues to be how to simultaneously borrow from developments in and across disciplines while at the same time, and at a more practical level, dealing with a diversity of stakeholders.
Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.
This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.
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.
This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.
Humanity is confronted with an alarming number of environmental problems that seem to grow worse by the day. We hear a steady stream of news reports about climate change, water shortages, and rampant deforestation. We learn of toxic chemicals in our food supply and garbage filling our oceans, and wonder: Why do these problems persist, and what can be done to set society on a more sustainable course? In Who Rules the Earth?, Paul F. Steinberg, one of America's leading scholars on the politics of environmentalism, explains that there is room for hope, and draws from the latest social science research to explain why. Green consumer choices and changes in personal lifestyles are important, but they are not nearly enough. Lasting social change requires modifying the very rules that guide human behavior and shape the ways we interact with the Earth. We know these rules by familiar names like city ordinances, product design standards, purchasing agreements, public policies, cultural norms, or national constitutions. Though these rules are largely invisible to us, their impact across the world has been dramatic. By changing the rules, the Canadian province of Ontario cut the levels of pesticides in its waterways in half. The city of Copenhagen has adopted new planning codes that will reduce its carbon footprint to zero by 2025. In the United States, a handful of industry mavericks designed new rules to promote greener buildings, and transformed the world's largest industry into a more sustainable enterprise. Steinberg takes the reader on a series of journeys, from a familiar walk on the beach to a remote village deep in the jungles of Peru, helping the reader to 'see' the social rules that pattern our physical reality and showing why these are the big levers that will ultimately determine the health of our planet. By unveiling the influence of social rules at all levels of society-from private property to government policy, and from the rules governing our oceans to the dynamics of innovation and change within corporations and communities, Who Rules the Earth? will be essential reading for anyone interested in bringing about real environmental change.
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 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 contemporary textbook and manual for aspiring or new environmental managers provides the theory and practical examples needed to understand current environmental issues and trends. Each chapter explains the specific skills and concepts needed for today's successful environmental manager, and provides skill development exercises that allow students to relate theory to practice in the profession. Readers will obtain an understanding not only of the field, but also of how professional accountability, evolving science, social equity, and politics affect their work. This foundational textbook provides the scaffolds to allow students to understand the environmental regulatory infrastructure, and how to create partnerships to solve environmental problems ethically and implement successful environmental programs.
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal institutions and governments been unable to address and correct these problems? Jan Laitos reviews the history of our relationship with the natural environment and develops new ways of thinking about nature and its protection. Instead of proceeding with human-based goals, Laitos argues that we should protect environmental resources for their own intrinsic value. Instead of giving humans more and more rights to clean up the environment, and to halt resources depletion, a right of nonuse held by the resource itself should be created. Natural resources have always possessed this parallel nonuse function, and society should recognize and legitimize it.
This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.
In September 2015, the United Nations General Assembly adopted the 17 Sustainable Development Goals (SDGs). This historic document constituted a transformative 'plan for action for people, planet and prosperity' with regards to the sustainable development efforts of all countries. The Sustainable Development Goals serves as an expert compendium, the most authoritative ready-reference tool for anyone interested in the SDGs. Each chapter comprises a detailed target-by-target analysis of one of the SDGs, including a methodical analysis of the preparatory proceedings that shaped each goal in its present form, an exhaustive examination of their content, and a critical assessment from an international law perspective. This commentary provides readers with the most up-to-date information on normative and legal questions arising from the incorporation of the SDGs into the international economic, social, and environmental legal frameworks, and on their implementation status. Scholars, practitioners, and those interested in the fields of law, politics, development, economics, environmental studies, and global governance will find this book a must-read.
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.
In Gulf War Reparations and the UN Compensation Commission:
Environmental Liability, experts who held leadership positions and
worked directly with the UNCC draw on their experience with the
institution and provide a comprehensive view of the United Nations
Compensation Comission and its work in the aftermath of the Gulf
War.
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
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.
Drawing on political science, economics, philosophy, theology, social anthropology, history, management studies, law, and other subject areas, In Search of Good Energy Policy brings together leading academics from across the social sciences and humanities to offer an innovative look at why science and technology, and the type of quantification they champion, cannot alone meet the needs of energy policy making in the future. Featuring world-class researchers from the University of Cambridge and other leading universities around the world, this innovative book presents an interdisciplinary dialogue in which scientists and practitioners reach across institutional divides to offer their perspectives on the relevance of multi-disciplinary research for 'real world' application. This work should be read by anyone interested in understanding how multidisciplinary research and collaboration is essential to crafting good energy policy.
The new millennium raised hopes for a better future for humanity through a new spirit of international cooperation. Participants at the United Nations Millennium Summit agreed on an ambitious agenda for international cooperation that singled out, among other issues, environmental protection and development as key objectives. The increasing degradation of our planet continues to emphasize the need to conserve and preserve natural resources. Yet with more than half of the global population still living on $2 dollars a day or less, there is also a glaring need for development initiatives to combat poverty. This book draws on contributions to the People and the Environment lecture series at Fordham University, organized in partnership with the United Nations Development Program Equator Initiative and The Nature Conservancy. The essays offer a wealth of fresh perspectives and strategies to promote both environmental conservation and poverty eradication. Reflecting a range of disciplines, issues, and settings, they cover four interrelated topics: the link between poverty reduction and the environment and encouraging integration of environmental management and development; environmental disasters, their impact on poor people and ways to prevent and mitigate their consequences; conservation knowledge and the role of information and education in sustainable development; and legal empowerment of the poor. Each part offers an overview of the theme and introduces the perspectives of leading experts and scholars-from the lessons of Katrina and the Tsunami to model agricultural policies for sustaining the environment while strengthening local economies. Demonstrating the roles the environment can and should play in poverty alleviation, the essays deepen our understanding of the some of the world's most difficult challenges-and provide a toolkit of ideas and techniques for addressing them.
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.
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. |
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