Future generations, wildlife, and natural resources - collectively referred to as 'the voiceless' in this work - are the most vulnerable and least equipped populations to protect themselves from the impacts of global climate change. While domestic and international law protections are beginning to recognize rights and responsibilities that apply to the voiceless community, these legal developments have yet to be pursued in a collective manner and have not been considered together in the context of climate change and climate justice. In Climate Change and the Voiceless, Randall S. Abate identifies the common vulnerabilities of the voiceless in the Anthropocene era and demonstrates how the law, by incorporating principles of sustainable development, can evolve to protect their interests more effectively. This work should be read by anyone interested in how the law can be employed to mitigate the effects of climate change on those who stand to lose the most.

Climate and energy policy needs to be durable and flexible to be successful, but these two concepts often seem to be in opposition. One venerable institution where both ideas are apparent is the Clean Air Act, first passed by the United States Congress in 1963, with amendments in 1970 and 1990. The Act is a living institution that has been hugely successful in improving the environment. It has programs that reach across the entire economy, regulating various sectors and pollutants in different ways. This illuminating book examines these successes - and failures - with the aim to offer lessons for future climate and energy policymaking in the US at the federal and state level. It provides critical information to legislators, regulators, and scholars interested in understanding environmental policymaking.

Worldwide, half a million people die from air pollution each year-more than perish in all wars combined. One in every five mammal species on the planet is threatened with extinction. Our climate is warming, our forests are in decline, and every day we hear news of the latest ecological crisis. What will it really take to move society onto a more sustainable path? Many of us are already doing the "little things" to help the earth, like recycling or buying organic produce. These are important steps-but they're not enough. In Who Rules the Earth?, Paul Steinberg, a leading scholar of environmental politics, shows that the shift toward a sustainable world 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 codes, product design standards, business contracts, public policies, cultural norms, and national constitutions. Though these rules are largely invisible, their impact across the planet has been dramatic. By changing the rules, Ontario, Canada has 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? is essential reading for anyone who understands that sustainability is not just a personal choice, but a political struggle.

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 new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiversity litigation, drawing on specific case studies from countries such as Brazil, China, India and Canada. It considers two questions: Firstly, what is the influence of international biodiversity law on biodiversity litigation? Secondly, what are the trends of biodiversity litigation? Leading experts discuss these questions from the perspective of developing, developed and mega bio-diverse countries, promoting the concept of biodiversity litigation as a common notion of environmental law, and arguing for more creative legal thinking when dealing with and analysing biodiversity-related disputes.

Das vorliegende Lehrbuch vermittelt Studierenden und Rechtspraktikern eine schnelle Orientierung und sichere Wege zur Loesung praxisnaher Falle im Umweltstrafrecht, dessen Bedeutung im Studium und in der Rechtspraxis rasant zunimmt. Die tiefgrundig behandelte Rechtsdogmatik wird anhand klarer Strukturen und zahlreicher Beispiele didaktisch aufbereitet.

Displacement caused by climate change is an area of growing concern. With current rises in sea levels and changes to the global climate, it is an issue of fundamental importance to the future of many parts of the world.
This book critically examines whether States have obligations to protect people displaced by climate change under international refugee law, international human rights law, and the international law on statelessness. Drawing on field work undertaken in Bangladesh, India, and the Pacific island states of Kiribati and Tuvalu, it evaluates whether the phenomenon of 'climate change-induced displacement' is an empirically sound category for academic inquiry. It does so by examining the reasons why people move (or choose not to move); the extent to which climate change, as opposed to underlying socio-economic factors, provides a trigger for such movement; and whether traditional international responses, such as the conclusion of new treaties and the creation of new institutions, are appropriate solutions in this context.
In this way, the book queries whether flight from habitat destruction should be viewed as another facet of traditional international protection or as a new challenge requiring more creative legal and policy responses.

Climate change presents an unprecedented global challenge, and impacts upon a wide range of human economic activity. The issue of how to address climate change in developing countries has provoked international political controversy and the urgent need for effective international responses has become increasingly apparent. The Role of Climate Change in Global Economic Governance addresses the growing number of legal and economic issues that arise with respect to climate change, combining analysis from economic, financial, and legal perspectives. The book assesses how the World Trade Organization, international investment law, and the international intellectual property rights regime approach the economic issues raised by climate change. The authors analyse how climate change regulation interacts with international economic law, and consider how financial instruments and insurance can mitigate the risks posed by climate change and facilitate adaptation. It breaks new ground in considering the financial sector's response to climate change, looking at how market mechanisms and risk insurance can reduce its economic cost.

Environmental Law in Arab States offers a comprehensive and authoritative account of the guiding principles and rules relating to environmental protection in the Arab region. Taking an international and comparative approach, the book introduces readers to the latest developments of environmental law across the Arab region through applicable legislation, green finance, and climate technologies The impact of these is assessed in each of the major areas of environmental regulation, air pollution, water pollution, biodiversity, conservation of nature and cultural heritage, infrastructure development, and Islamic ecology. Consideration is given to participatory and bottom-up legal strategies - focusing on transparency, accountability, gender justice, and other human rights safeguards - that are needed to achieve greater coherence and coordination in the implementation and enforcement of environmental regulation across the region. The book closes by providing legal assessments and reflections on how Arab countries can, through clear and comprehensive legislation, advance existing national strategies and visions on trade and investment, green growth, Islamic green finance, circular economy, blue economy, and low carbon future amongst others.

Maritime Security and the Law of the Sea examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are, and should be, shaping the law of the sea. The discussion canvasses passage of military vessels and military activities at sea, law enforcement activities across the different maritime zones, information sharing and intelligence gathering, as well as armed conflict and naval warfare. In doing so, this book not only addresses traditional security concerns for naval power but also examines responses to contemporary maritime security threats, such as terrorism, weapons of mass destruction, piracy, drug-trafficking, environmental damage and illegal fishing. While the protection of sovereignty and national interests remain fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest that exists among states when seeking to respond to a variety of modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of the UN Convention on the Law of the Sea if appropriate responses to ensure maritime security are to be allowed.

This book discusses options for an improved compliance system under the Paris Climate Agreement by addressing current weaknesses. The research is based on two cases, the Compliance Mechanisms of the Montreal and Kyoto Protocols and their outcomes in practice. This book analysed the different meanings of tthe compliance concept of Compliance Mechanisms (CMs) and Multilateral Environmental Agreements (MEAs) in chapter 3, on the theories and two basic explanatory models on compliance (chapter 4), on the development of CMs and the limitations of traditional means (chapter 5), and the questions on the CMs under the Kyoto and the Montreal Protocols (chapter 6). Based on its findings, options for an improved compliance system under the Paris Climate agreement are asked (chapter 7). This book * Offers a detailed understanding of compliance and existing compliance mechanisms (CMs),* elaborates the CMs' present features on the basis of its case studies,* includes the latest information on CMs and its case studies,* discusses options for an improved compliance system under the Paris Climate Agreement figuring out the current weaknesses

This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides readers with an understanding of how these lawsuits have shaped approaches to mitigation and adaptation, and have been used to try to force and to block regulation. There is a particular emphasis on lawsuits in the United States and Australia, the two jurisdictions which have had the most climate change litigation in the world, and the lessons provide broader insights into the role of courts in addressing climate change.

"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

Climate disasters demand an integration of multilateral negotiations on climate change, disaster risk reduction, sustainable development, human rights and human security. Via detailed examination of recent law and policy initiatives from around the world, and making use of a capability approach, Rosemary Lyster develops a unique approach to human and non-human climate justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. She comprehensively analyses the complexities of climate science and their interfaces with the law- and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations under the 1992 United Nations Framework Convention on Climate Change.

Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences.
The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.

The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world.
With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment.
The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.

Since 2005 the carbon market has grown to nearly $100 billion per annum. This new book examines all the main legal issues which are raised by this explosion of what is now called carbon finance. It covers not only the Kyoto Flexibility Mechanisms but also the EU Emissions Trading Scheme (ETS) that is in the process of reform and other national and voluntary schemes. The Parties to the 1992 UN Framework Convention are in the process of negotiating a successor regime to the 1997 Kyoto Protocol whose commitment period ends in 2012. As scientists predict that the threat of dangerous climate change requires much more radical mitigation actions, the negotiations aim for a more comprehensive and wide ranging agreement which includes new players - such as the US - as well as taking account of new sources (such as aircraft emissions) and new mechanisms such as Reducing Emissions through Deforestation and Degradation (REDD). This volume will cover the legal aspects of these
This volume builds on the success of the editors' previous volume published by OUP in 2005: Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work, which remains the standard work of reference for legal practitioners and researchers on carbon finance and trading under the Kyoto Protocol.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. The volume examines how the IMO, with 171 Member States and 3 Associated Members, has and continues to promote the goals of safe, secure, sound, and efficient shipping on clean oceans. It studies the interface and interaction between UNCLOS and IMO instruments and how IMOs safety, security, and environmental protection conventions have contributed to global ocean governance, including the peaceful order of the polar regions.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

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 United States and Canada are salt water neighbors on the Atlantic, Pacific and Arctic Oceans. Despite the general closeness of the political, economic and social relationship, the two States have approached their offshore areas from different perspectives. Canada has long supported expansion of exclusive national control over its adjacent offshore; whereas the United States has been concerned with the balance between national authority and international navigation rights. Canada has tended to view maritime disputes with the United States as local matters; whereas the United States has tended to see the disputes with Canada in global terms.
Against this background, Salt Water Neighbor's examines both the international ocean law disagreements that exist between the United States and Canada respecting maritime boundaries, fisheries and navigation rights (e.g., the Northwest Passage) and the numerous cooperative bilateral arrangements that have prevented these disputes from being significant causes of friction between the neighbors. There has not been a comprehensive book-length study of United States-Canada international ocean relations since the early 1970s. Much has changed in the last 30 years. Most importantly, the law and the nature of the disputes between the two States have changed as a result of the adoption of 200 nautical mile zones in the late 1970s.

The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position on the world stage for international environmental law. An institutional richness has developed which is sometimes daunting in its complexity but which offers much promise for the future. This volume seeks to give a taste of this, and of the challenges which face the EU in its sustainable development phase.
The volume opens with a broad historical overview of the evolution of EU environmental governance. This discussion characterizes the most recent phase as that of sustainable development, in which the political dynamic is one of destabilization and the preferred instrument of decision-making, the reflexive framework directive.
There follows a series of case studies. Ranging from the general to the particular, these cover both the internal and external aspects of EU policy. These include recent key issues in EU environmental law and governance, such as the water framework directive, the new chemicals regime (REACH) and European responses to the challenge of climate change. These case studies engage with key issues in environmental law and governance, including environmental justice, the relationship between trade and environment, and participation in environmental decision-making.

The relevance of the WTO legal system for environmental protection is a central topic in general international law, WTO law and international environmental law. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years.
This book analyzes these issues by examining the 'horizontal' interaction between WTO law and 'other' international law, the 'vertical' relationship between WTO law and domestic law, and the contents and the interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer.
A series of controversial topics in WTO and general international law are addressed in this book, including the notion of conflicts of norms, and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; climate protection, protection of the ozone layer, and WTO disciplines.