This is the new paperback edition of the successful and well received hardback. The essays in this collection explore the links between the environment and human rights, and respond to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights.

In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as people's rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr Schrijver argues that this has been at the expense of the consideration of the corollary obligations it also entails. His book thus identifies directions sovereignty over natural resources has taken in an increasingly interdependent world and demonstrates its relevance to debate on foreign-investment regulation, the environment and sustainable development.

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.

This book offers the most up to date and comprehensive overview yet published of the European Community legal mechanisms and rules concerning the relationship between the establishment of the Single European Market and the development of international European and domestic environmental law. The author outlines the legal mechanisms of the EC Treaty and shows how they seek to create a balance between economic and environmental interests. Part one elaborates on the EC Treaty's principles governing the relationship bewteen the Single European Market and domestic environmental policy instruments. Besides the rules governing the free movement of goods (Articles 9, 12, 30-36), including the rules applicable to environmental taces (Article 95), it gives an overview of the EC's policies in the fields of green-state aids (Articles 92 etc) and competeition policies. Part two looks in detail at the harmonization of European environment related policy both for the creation of the Common/Single European Market and the development of a genuine European Environmental policy. It also looks closely at related areas such as agriculture, transport, the common commercial policy, external relations and the all important area of international environmental treaties.

How can scientific knowledge be translated into political change? "Ozone Discourse" examines the first global environment treaty, the Montreal Protocol and its subsequent revisions, which was a highly effective collaboration among scientists, policymakers and activists.

The treaties were the work of a small group of experts who, without conventional political or economic resources, were able to persuade most of the world's nations to agree to reduce and then eliminate chlorofluorocarbons. These experts used their understanding of atmospheric science to supplement the policymakers' short-term perspective with a wider, intergenerational timeframe characteristic of global environmental problems.

Litfin argues that the discipline of international relations requires a broader conception of power in order to accomodate the knowledge-based problems such as environmental degradation.

Environmental Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach the subject with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts from UK and international sources to offer students a well-rounded view of the subject area. Covering a broad range of topics, the authors introduce discussion on controversies and debates and encourage readers to engage in critical reflection by posing regular discussion questions throughout the text. Further reading suggestions point students towards useful resources, guiding their independent research. Online Resources This book is also accompanied by online updates collated by the authors, helping students to stay well-informed.

The third edition of this classic textbook offers comprehensive and critical commentary on international environmental law. It fully covers the key topics of the course and is clearly structured to include the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It has been updated to incorporate all the latest developments in treaty and case law. Extensive feedback on previous editions results in a restructuring of material, including a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments charting the directions in which the subject is moving. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.

Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the two UN human rights covenants was celebrated all over the world, their 50th anniversary has received very little attention from the international community. The present book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world's two most important human rights treaties. It does so by reflecting on what the covenants have achieved (or failed to achieve) in the years that have passed, by determining and comparing their current influence in the various regions of the world, and by assessing their potential roles in the future. The book contains papers that were presented during a symposium held in Zurich in 2016, which brought together experts and stakeholders from a range of disciplines and world regions. Some fundamental issues that are addressed by the contributors are as old as the two covenants themselves. They concern, for example, the division of human rights into first- and second-generation rights, and the question of whether there should be one central monitoring body - possibly a world court - or more than just one. However, the contributors go beyond such questions that have been explored before; they develop new answers to old questions and point to new challenges.

This book is for those who are not just interested in the ways humans have harmfully altered their environment, but instead wish to learn why the many governmental policies in place to curb such behavior have been unsuccessful. Since humans began to exploit natural resources for their own economic ends, we have ignored a central principle: nature and humans are not separate, but are a unified, interconnected system in which neither is superior to the other. Policy must reflect this reality. We failed to follow this principle in exploiting natural capital without expecting to pay any price, and in hurriedly adopting environmental laws and policies that reflected how we wanted nature to work instead of how it does work. This study relies on more accurate models for how nature works and humans behave. These models suggest that environmental laws should be consistent with the laws of nature.

Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.

Environmental law has aesthetic dimensions. Aesthetic values have shaped the making of environmental law, and in turn such law governs many of our nature-based sensory experiences. Aesthetics is also integral to understanding the very fabric of environmental law, in its institutions, procedures and discourses. The Art of Environmental Law, the first book of its kind, brings new insights into the importance of aesthetic issues in a variety of domains of environmental governance around the world, from climate change to biodiversity conservation. It also argues for aesthetics, and relatedly the arts, to be taken more seriously in the practice of environmental law so as to improve our emotional and ethical capacities to address the upheavals of the Anthropocene.

Thwart Climate Change Now: Reducing Embodied Carbon Brick by Brick addresses an imperative-to slow the pace of climate change within the coming decade-before it's too late. While climate policy typically focuses on future decarbonization 10 to 20 years out, temperatures continue to rise. Greenhouse gases emitted upfront from the materials fabrication, construction, and renovation of our physical environment-embodied emissions-accelerate the rate of global warming now. Sadly, they increase atmospheric carbon before our buildings and infrastructure are even used. Often ignored or deemed too perplexing to resolve, the need to reduce embodied emissions immediately is the subject of this book. Written for a variety of readers-from policymakers and legislators to architects and developers-Thwart Climate Change Now addresses how to tackle the built environment's "embodied" carbon emissions, highlighting specific design and policy issues that overlook their own contribution to atmospheric carbon. The book brings together the science of climate change, sustainable design, and green policies in a language accessible to a diverse readership, followed by case study examples to support design, policy and legislative recommendations to slow emissions growth in the near term.

Recent years have witnessed exciting developments in international negotiations, litigation, and scholarship about climate change, but doctrinal research in the field remains in its infancy. In particular, little is known about how fast states are required to limit and reduce their greenhouse gas emissions. The first part of the book identifies the relevant obligations through an analysis of treaties, custom, and other sources of international law. Beyond express quantified commitments contained for instance in nationally determined contributions, the book sheds light on the existence of general obligations of due diligence. While these general obligations are difficult to interpret, they are often more demanding. The second part explores how these general obligations can be applied objectively, for instance by a court, in concrete cases. Instead of an improbable judicial assessment of a state's requisite level of mitigation action, the book shows the possibility of assessing a state's conduct based on the measures that general mitigation obligations entail. These measures relate to corollary duties of cooperation, vigilance, and consistency. This book presents a first comprehensive doctrinal study of states' obligations on climate change mitigation. It shows that such obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and, possibly, human rights treaties. It also explores the interactions between these multiple obligations.

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.

This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.

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.

The objective of this book is to identify similarities and differences between the positions of Finland (as an EU Member State) and China, on Arctic law and governance. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council co-operation. Building on these findings, the book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on Arctic governance. The book is the result of a collaboration between The Northern Institute for Environmental and Minority Law (Arctic Centre, University of Lapland) and researchers from Wuhan University.

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

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.

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 publication presents and analyses the findings of the first pilot reporting exercise under the Water Convention, which was carried out in 2017. Progress made in the implementation of the Convention is reviewed and summarised, together with the identification of significant trends, success, challenges and opportunities concerning transboundary water cooperation. The reporting mechanism under the Convention was formally adopted (decision VII/2) by the Meeting of the Parties to the Water Convention at its seventh session (Budapest, 17-19 November 2015).

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

The new framework for cooperative approaches and mechanisms under Article 6 of the Paris Agreement charts a path for the resurgence of carbon markets. However, the modalities, rules, and guidance are yet to be fully elaborated. Article 6 is a key part of the Paris Agreement. It allows Parties to voluntarily cooperate to meet their Nationally Determined Contributions, providing for international transfers of mitigation outcomes, a new mechanism for mitigation and sustainable development, and non-market approaches. Article 6 establishes the foundation for a post 2020 carbon market, but there are still many complex issues to be discussed and decided among Parties to finalize the Paris Agreement rulebook by the end of 2018. This publication examines the options for establishing guidance, rules, and modalities for the key elements of Article 6, decoding issues such as internationally transferred mitigation outcomes, environmental integrity, double counting and corresponding adjustments.