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 book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

An unbiased and comprehensive overview, based on the findings of the IPCC (Intergovernmental Panel on Climate Change). Using no jargon, it looks at tackling and adapting to man-made climate change, and works through the often confusing potential solutions. Bert Metz is the former co-chair of the IPCC, at the center of international climate change negotiations. His insider expertise provides a cutting edge assessment of issues at the top of the political agenda. He leads the reader succinctly through ambitious mitigation scenarios, in combination with adapting our future societies to different climate conditions and the potential costs of these measures. Illustrations and extensive boxed examples motivate students to engage with this essential global debate, and questions for each chapter are available online for course instructors. Minimal technical language also makes this book valuable to anyone with an interest in action to combat climate change.

This monograph comprehensively examines water law regulations and reform in the present decade, going beyond a simple analysis of existing water law and regulations to encompass environmental, social, economic, and human rights aspects of water as a natural resource.
Using the specific case of India and on the related international law and policy framework that directly influences water regulatory developments in India, this book offers what will be the first and only analysis of water law reforms taking place at the national level in many developing countries in their domestic and international context. On the one hand, international freshwater law remains under-developed and existing legal instruments such as the 1997 UN Convention only address a limited set of relevant issues. Yet, the international law and policy framework concerning freshwater is increasingly important in shaping up law reforms taking place at the national level, in particular in developing countries. Indeed, non-binding resolutions such as the Dublin Statement on Water and Sustainable Development (1992) have had an immense influence on water law reforms in most developing countries.
This book seeks to conceive of and analyze freshwater regulation in a broader context, and go beyond a literature that either lauds or criticizes ongoing water sector reforms to provide an analytical basis for the reforms which all countries will have to adopt in the near or medium-term future.

This book presents an argument for environmental human rights as the basis of intergenerational environmental justice. It argues that the rights to clean air, water, and soil should be seen as the environmental human rights of both present and future generations. It presents several new conceptualizations central to the development of theories of both human rights and justice, including emergent human rights, reflexive reciprocity as the foundation of justice, and a communitarian foundation for human rights that both protects the rights of future generations and makes possible an international consensus on human rights, beginning with environmental human rights. In the process of making the case for environmental human rights, the book surveys and contributes to the entire fields of human rights theory and environmental justice.

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.

The issues of conflict management treated in this volume are relatively recent consequences of the scientific and technological revolution, and are in significant respects unprecedented in man's history: food distribution, population, ocean resources, air and water pollution. Such new global problems cannot be adequately solved except by international effort--effort that requires adjustments in the present international system. What adjustments arc practicable, and at least minimally necessary, are assessed by seventeen lawyers and specialists in international affairs. They approach the subject from two perspectives: the international legal aspects of man in his environment; and the institutions, agencies, and movements that must be further adapted to the rapidly changing needs of mankind. Contributors: Harold Lasswell, Mary Ellen Caldwell, Dennis Livingston, Howard J. and Rita F. Taubenfeld, L.F.E. Goldie. Leon Gordenker, John Carey, Hans Baade, Gidon Gotlieb, Richard B. Lillich, Joseph Nye, Donald McNemar, James Patrick Sewell, Gerald F. Sumida, Harold and Margaret Sprout. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

This 2007 book examines environmental law from a range of perspectives, emphasising the policy world from which environmental law is drawn and nourished. Those working within the discipline of environmental law need to engage with concepts and methods employed by disciplines other than law. The authors analyse the ways in which legal activities are supported and legitimated by work in traditional scientific or technical domains, as well as by certain more obscure but also influential cultural or philosophical assumptions. A range of regulatory techniques is explored in this book, through a close examination of both pollution control and land use. The highly complex nature of current environmental problems, demanding sophisticated and responsive legal controls, is illustrated by several in-depth case studies, including legal and policy analysis of the highly contested issues of genetically modified organisms and renewable energy projects.

This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether the current policymaking and future trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.

This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether the current policymaking and future trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.

When the oral history of a medicinal plant as a genetic resource is used to develop a blockbuster drug, how is the contribution of indigenous peoples recognized in research and commercialization? What other ethical, legal, and policy issues come into play? Is it accurate for countries to self-identify as users or providers of genetic resources? This edited collection, which focuses on Canada, is the result of research conducted in partnership with indigenous peoples in that country, where melting permafrost and new sea lanes have opened the region's biodiversity, underscoring Canada's status as a user and provider of genetic resources and associated indigenous knowledge. This work is an important resource for scholars, corporations, indigenous peoples, policymakers, and concerned citizens as Canada and other countries take on the implementation of Access and Benefit Sharing policies over genetic resources and associated indigenous knowledge. This book is also available as Open Access.

Rescuing Science from Politics debuts chapters by the nation's leading academics in law, science, and philosophy who explore ways that the law can be abused by special interests to intrude on the way scientists conduct research. The high stakes and adversarial features of regulation create the worst possible climate for the honest production and use of science especially by those who will ultimately bear the cost of the resulting regulatory standards. Yet an in-depth exploration of the ways in which dominant interest groups distort the available science to support their positions has received little attention in the academic or popular literature. The book begins by establishing non-controversial principles of good scientific practice. These principles then serve as the benchmark against which each chapter author compares how science is misused in a specific regulatory setting and assist in isolating problems in the integration of science by the regulatory process.

This book collects land use laws from countries on each continent that attempt to achieve sustainable development. Due to the startling evidence of global deterioriation and the long-term trends in land use, the Johannesburg Declaration on Sustainable Development was signed in 2002. In the laws collected in this volume, the reader can witness the evolution of national legal systems as they respond to the challenge of sustainable development. This volume illuminates the great flexibility and power of the law as a vehicle for change. Laws contained in this compendium are mechanisms competent to address society's problems; they provide strategies that are appropriate to the culture and place of their origin. This book provides evidence that laws and law reform are being used to create strategies that address a worldwide priority: the clear need to effectively use and preserve the land and its natural resources.

The Yearbook of European Environmental Law brings together topical analyses of contemporary European environmental law. Leading European and American academics provide in-depth scholarly articles covering a wide range of challenging issues. The Yearbook contains an easily accessible Annual Survey providing legal practitioners, academics, and policy-makers with detailed and indispensable information on current and future European environmental law. In addition the Yearbook features summaries and full texts of preparatory commission documents, green books, and other discussion papers, as well as a selection of reviews of books.

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 fourth volume of the International Environmental Law Reports collects together approximately fifty decisions of national courts from twenty-six countries, all broadly related to international environmental law. The cases cover a range of environmental issues, from protected species and habitats to activities that impact on the environment - including mining, the construction of dams and waste disposal. The collection evidences different approaches to the relationship between domestic and international legal systems, and highlights many substantive and procedural environmental laws that are enjoying increasing recognition around the world. With around half of the cases having been translated into English from as many as twelve other languages, the volume provides valuable comparative insight into national legal perspectives on international environmental law.

This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.

This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.

The Chernobyl disaster, "Amoco Cadiz" oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another or in global common areas. This book details the international rules and compensation procedures for governmental officials, international lawyers and jurists. It covers existing laws on international liability and the underlying legal issues that require further development.

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.

In dem Buch werden die Moeglichkeiten des IWF aufgezeigt, einen Mitgliedstaat zu unterstutzen. Am Beispiel der Russischen Foederation wird gepruft, welche rechtlichen Grenzen bestehen und ob sie eingehalten wurden. So eine umfassende Darstellung des IWF aus rechtlicher Sicht gibt es in der deutschen Literatur noch nicht. Neben der Darstellung ist aber auch die Prufung des konkreten Falls von Bedeutung, der fur die Zukunft der Mittelvergabe bzw. die Wirkung der Mittelvergabe durch den IWF auf Finanzmarkte und Geberlander von Wichtigkeit ist.

Trade and Environment provides a complete set of the major dispute settlement or judicial decisions on environment-related issues under three international trade regimes: the General Agreement on Tariffs and Trade (GATT) and its successor the World Trade Organization (WTO); the Canada-USA Free Trade Agreement (precursor to the North America Free Trade Agreement); and the European Community. It also provides extracts from other cases dealing with issues relevant to future trade and environment controversies. A convenient compendium for policy makers in government and NGOs, academic researchers, students, and business advisors.

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. This book compares global, regional and national levels of regulation, and considers specific pollution issues such as land-based activities, the dumping of radioactive waste, 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.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal celebrates its tenth anniversary in 1999. As the only treaty addressing international transfer and environmentally sound management of hazardous wastes at the global level, the Basel Convention has gained universal recognition as the key legal instrument in this field. The anniversary presents an opportunity to assess its evolution , and to consider challenges for the future. Other existing relevant legal instruments have also evolved further, and new ones have been adopted.

This book analyses the relationship of the Basel Convention with other pertinent legal rules, and proposes means to form a comprehensive global regulatory regime for hazardous waste management on the basis of the Convention. Since the book was first published, a number of important developments have taken place. Chief among these is the adoption of an amendment to the Basel Convention which provides for a ban on exports of hazardous wastes from OECD to non OECD countries. A tendency to impose similar restrictions can also be observed in other relevant legal instruments. The introduction to this book has therefore been revised by way of a substantial new preface to give an overview of the important developments since 1994, and their impact on the overall analysis.