Once the exclusive prerogative of domaine reserve, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.

While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.

The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.

Der Autor nimmt eine Bestandsaufnahme und kritische Analyse volkerrechtlicher Instrumente und Regeln fur nationale und internationale Verfahren zur Beilegung von Konflikten uber grenzuberschreitende Umweltprobleme vor. Er setzt sich mit den besonderen Anforderungen auseinander, die der grenzuberschreitende Umweltschutz an die Streitbeilegung stellt, und untersucht eingehend die herkommlichen Methoden der friedlichen Streitbeilegung, innovative Methoden der Normdurchsetzung durch Non-Compliance Mechanismen und volkerrechtliche Regeln fur die Einbeziehung der betroffenen Personen, Unternehmen und Organisationen in nationale wie internationale Verfahren. Im Mittelpunkt der Analyse stehen zum einen der Umgang mit Konflikten, die gemeinsame Interessen der Staatengemeinschaft betreffen, und zum anderen Mechanismen, die den Interessenausgleich unmittelbar zwischen den Betroffenen ermoglichen."

Das bestehende Regime fur den antarktischen Umweltschutz wird vorrangig durch das Antarktische Vertragssystem gepragt, weist aber vielfaltige Verknupfungen zu globalen Umweltabkommen auf. Nach einer umfassenden Bestandsaufnahme der volkerrechtsvertraglichen Einbindung der Antarktis werden einzelne Umweltschutzabkommen im Hinblick auf ihre Anwendung auf die Antarktis untersucht. Die Wechselwirkung der extra-antarktischen Normen mit dem Antarktischen Vertragssystem wird herausgearbeitet, wobei das Umweltschutzprotokoll zum Antarktis-Vertrag und die Regelungen zur Ressourcenausbeutung in der Antarktis die Schwerpunkte bilden. Bestehende Lucken werden identifiziert und Schlussfolgerungen fur die Entwicklung des Antarktischen Vertragssystems gezogen."

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

Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: If a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.

In the 1990s and mid-2000s, turbulent political and social protests surrounded the issue of private sector involvement in providing urban water services in both the developed and developing world. Water on Tap explores examples of such conflicts in six national settings (France, Bolivia, Chile, Argentina, South Africa and New Zealand), focusing on a central question: how were rights and regulation mobilized to address the demands of redistribution and recognition? Two modes of governance emerged: managed liberalization and participatory democracy, often in hybrid forms that complicated simple oppositions between public and private, commodity and human right. The case studies examine the effects of transnational and domestic regulatory frameworks shaping the provision of urban water services, bilateral investment treaties and the contributions of non-state actors such as transnational corporations, civil society organisations and social movement activists. The conceptual framework developed can be applied to a wide range of transnational governance contexts.

Unter Zugrundelegung neuester Daten der Ernahrungs- und Landwirtschaftsorganisation der Vereinten Nationen (FAO) zeigt die Autorin die massgeblichen Aspekte der weltweiten Waldzerstoerung in oekonomischer, oekologischer und sozialer Hinsicht auf; zahlreiche regionale und internationale Waldschutzmassnahmen werden vor dem Hintergrund der Diskussion um eine rechtlich verbindliche Waldschutzkonvention auf ihre Wirksamkeit hin untersucht. Angesichts der weltwirtschaftlichen Verflechtungen des Forstsektors und des Holzhandels ist ein weiterer Untersuchungsschwerpunkt die Frage, ob und ggfs. inwieweit durch unilaterale aussenhandelspolitische Instumente in Form von Verwendungsbeschrankungen und Kennzeichnungsregelungen fur Holz in voelkerrechtlich zulassiger Weise Einfluss auf die Vernichtung der weltweiten Waldbestande ausgeubt werden kann und darf.

Conflicts between foreign investment law and environmental law are becoming increasingly frequent. On the one hand, the rise of environmental regulation poses significant challenges to foreign investors in several industries. On the other, the surge in investment arbitration proceedings is making States aware of the important litigation risks that may result from the adoption of environmental regulation. This study of the relationship between these two areas of law adopts both a policy and a practical perspective. It identifies the major challenges facing States, foreign investors and their legal advisers as a result of the potential friction between investment law and environmental law and provides a detailed analysis of all the major legal issues on the basis of a comprehensive study of the jurisprudence from investment tribunals, human rights courts and bodies, the ICJ, the WTO, the ITLOS, the CJEU and other adjudication mechanisms.

This volume is the most comprehensive textbook on sustainable development. It has been developed with students and professionals from around the world specifically for those who need a thorough grounding in the subject. Coverage includes: background to sustainable development and global environmental issues; measurement and sustainability indicators; environmental assessment, management and policy; approaches and linkages to poverty reduction; impacts and infrastructure development; economics, consumption, production and market failures; governance; participation; disaster management; international financial institutions; international environmental agreements; and the role of civil society.

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

Das Umweltvoelkerrecht der UN bezieht zunehmend Gesichtspunkte der Kosteneffektivitat und der Innovationsfoerderung mit ein. Dies gilt besonders fur das Montrealer Protokoll zum Schutz der Ozonschicht und das Klimaschutz-Rahmenubereinkommen. Untersucht wird, ob es sich hierbei um neue Grundsatze des internationalen Umweltrechts handelt und wie diese die Gestaltung der einzelnen Regelungen beeinflusst haben. Ein besonderer Schwerpunkt liegt dabei auf den Vorarbeiten und Diskussionen in den jeweiligen Organen der UN. Bei der Darstellung und Bewertung der UEbereinkommen werden die auf nationaler Ebene ergriffenen Massnahmen ebenfalls berucksichtigt.

The IUCN Academy of Environmental Law Research Studies' third colloquium of 2005 brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of the papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures. It addresses issues from international, regional, and country-specific perspectives. The book is organized thematically to present a broad spectrum of issues, including the history and major governance structures in this area; the needs, problems, and prerequisites for biodiversity; area-based, species-based, and ecosystem-based conservation measures; the use of components of biodiversity and the processes affecting it; biosecurity; and access to and sharing of benefits from components of biodiversity and their economic value.

National governments and private stakeholders have long recognized that protecting the global environment requires international cooperation. Climate change, tropical deforestation, biodiversity loss, ozone depletion, hazardous wastes, and ocean pollution are among several issues that have brought national governments together to alleviate the consequences of environmental degradation. As they have worked to mitigate these global problems, national governments have developed a wide variety of environmental regime designs. But why have national governments created different international rules and institutions to address global environmental issues? Some national environmental regimes are more institutionally integrated, some have relatively narrow mandates, some have legally binding obligations while others do not, and some obligations are determined through multilateral negotiations while others are nationally determined. In other words, what explains the pattern of regime designs in global environmental governance? Alexander Ovodenko argues that this variation can be explained by looking to a dynamic that has been thus far downplayed by the literature on global environmental governance: the structures of industries regulated by environmental rules. Specifically, it argues (contra the dominant literature) that it is far easier to attach binding international agreements to oligopolistic industries than those that are fragmented. While concentrated global producers are likely to be more politically influential and thus in a position to shape environmental governance, they are also in a much better position to comply with such agreements as they have both sufficient capital resources and the technological capacity to innovate by adopting "greener" technologies. In other words, the sources of their political influence make them the best and most efficient options for mitigating global pollution. By contrast, it is much more difficult for governments to regulate small-scale producers since such firms and their consumers are much more price sensitive, and these firms have limited resources to devote to compliance. Regulating the Polluters inverts the literature on regulatory capture and collective action by presenting empirical evidence of the irony of market power in global environmental politics.

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.

This work analyses fairness and equity dimensions of the climate regime. A central issue in international law and policy is how countries of the world should allocate the burden of addressing global climate change. With the link between human activities and climate change clearly established, and the first impacts of climate change being felt, there is a renewed sense of urgency in addressing the problem. Based on an overview of science and the development of the climate regime to date, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the hitherto intractable problem of assigning responsibility for combating climate change. The book demonstrates how an analysis of fairness dimensions of climate change grounded in practical developments and illustrated with reference to the latest developments can add value to our understanding of current developments and future options for international climate law and policy.

With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. By illuminating human rights theory and the institutions that can be employed to meet environmental goals, this book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects, to the creation of a new human rights, to a clean environment.

Bringing together the ideas of experts from around the world, this incisive text offers cutting-edge perspectives on the risk analysis and governance of genetically modified organisms (GMOs), supporting effective and informed decision-making in developing countries. Comprised of four comprehensive sections, this book covers: integrated risk analysis and decision making, giving an overview of the science involved and examining risk analysis methods that impact decision-making on the release of GMOs, particularly in developing countries; diversification of expertise involved in risk analysis and practical ways in which the lack of expertise in developing countries can be overcome; risk analysis based regulatory systems and how they can be undermined by power relationships and socio-political interests, as well as strategies for improving GMO policy development and regulatory decision-making; and case studies from developing countries providing lessons based on real-world experience that can inform our current thinking.

With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. By illuminating human rights theory and the institutions that can be employed to meet environmental goals, this book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects, to the creation of a new human rights, to a clean environment.

Global warming is one of today's greatest challenges. The science of climate change leaves no doubt that policies to cut emissions are overdue. Yet, after twenty years of international talks and treaties, the world is now in gridlock about how best to do this. David G. Victor argues that such gridlock has arisen because international talks have drifted away from the reality of what countries are willing and able to implement at home. Most of the lessons that policy makers have drawn from the history of other international environmental problems won't actually work on the problem of global warming. Victor argues that a radical rethinking of global warming policy is required and shows how to make international law on global warming more effective. This book provides a roadmap to a lower carbon future based on encouraging bottom-up initiatives at national, regional and global levels, leveraging national self-interest rather than wishful thinking.

The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike.

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

Shannon O'Lear brings a geographer's perspective to environmental politics. The book considers issues of climate change, energy, food security, toxins, waste, and resource conflict to explore how political, economic, ideological and military power have contributed to the generation of environmental issues and the formation of dominant narratives about them. The book encourages the reader to think critically about the power dynamics that shape (and limit) how we think about environmental issues and to expand the reader's understanding of why it matters that these issues are discussed at particular spatial scales. Applying a geographer's sense of scale and power leads to a better understanding of the complexity of environmental issues and will help formulate mitigation and adaptation strategies. The book will appeal mainly to advanced students and researchers from a geography background, but also to social and political scientists who wish to look at the topic from this different perspective.

This is the first textbook to provide a clear understanding of law’s role in promoting the global growth of renewable energy production and consumption. The book introduces readers to the main legal frameworks shaping the rise of renewables at international, regional and national levels, including those which set targets for reducing greenhouse gas emissions and increasing renewable energy consumption. Clear explanations of challenges commonly confronting renewable developments and the legal responses to them aid readers’ understanding whatever their background. The author, a leading researcher in energy and environmental law, has drawn on 10 years’ experience of developing and teaching research-led courses on renewable energy law to produce an authoritative but accessible work. Readers will come away with a better understanding of how international law on climate change and sustainable development affects renewable energy, the roles of renewable energy targets and subsidies, the laws on integrating renewables into electricity networks, the legal response to public opposition to renewable energy development, the law surrounding offshore renewables, and issues raised by the decarbonisation of road transport.