Economic globalization and Compliance with International Environmental Agreements is an innovative and in depth consideration of the challenges economic globalization poses for the effective application of multilateral environmental accords. The introductory part of the book examines particular challenges of economic globalization. Part II tackles the interrelationship of global and regional environmental agreements and free trade regimes. It first looks at trade and other economic measures mandated by various environmental agreements, then at environmental measures in economic agreements. The third part of the book turns to compliance, analyzing the potential positive and negative impact of multilateral institutions, states, and transnational corporate activity. The last chapter considers the impact on compliance of modern dispute avoidance and dispute settlement mechanisms.

Governing Arctic Seas introduces the concept of ecopolitical regions, using in-depth analyses of the Bering Strait and Barents Sea Regions to demonstrate how integrating the natural sciences, social sciences and Indigenous knowledge can reveal patterns, trends and processes as the basis for informed decisionmaking. This book draws on international, interdisciplinary and inclusive (holistic) perspectives to analyze governance mechanisms, built infrastructure and their coupling to achieve sustainability in biophysical regions subject to shared authority. Governing Arctic Seas is the first volume in a series of books on Informed Decisionmaking for Sustainability that apply, train and refine science diplomacy to address transboundary issues at scales ranging from local to global. For nations and peoples as well as those dealing with global concerns, this holistic process operates across a 'continuum of urgencies' from security time scales (mitigating risks of political, economic and cultural instabilities that are immediate) to sustainability time scales (balancing economic prosperity, environmental protection and societal well-being across generations). Informed decisionmaking is the apex goal, starting with questions that generate data as stages of research, integrating decisionmaking institutions to employ evidence to reveal options (without advocacy) that contribute to informed decisions. The first volumes in the series focus on the Arctic, revealing legal, economic, environmental and societal lessons with accelerating knowledge co-production to achieve progress with sustainability in this globally-relevant region that is undergoing an environmental state change in the sea and on land. Across all volumes, there is triangulation to integrate research, education and leadership as well as science, technology and innovation to elaborate the theory, methods and skills of informed decisionmaking to build common interests for the benefit of all on Earth.

Balancing personal dignity and first amendment concerns has become increasingly challenging in the new media age, when, for example, bloggers have no editors and perhaps no moral restraints. Unlimited and unrestricted internet speech has left thousands of victims in its wake, most of them silenced after the media cycle moves on. While the history of free speech and press has noble origins rooted in democratic theory, can society protect those who are harassed, stalked, and misrepresented online while maintaining a free society? Jon Mills, one of the nation's top provacy experts and advocates, maps out this complex problem. He discuses the need for forethought and creative remedies, looking at solutions already implemented by the European Union and comparing them to the antiquated provacy laws still extant in the United States. In his search for solutions, Mills closely examines an array of cases, some of them immediately recognizable beacuse of their notoriety and extensive media coverage. In a context of almost instantaneous global communications, where technology moves faster than the law, Mills traces the sharp edge between freedom of expression and the individual dignity that privacy preseves.

From colonial times to the present, an insightful examination of how courts have determined the extent to which religion is accommodated in American public life. From the internationally renowned Scopes "Monkey Trial" of 1925, which pitted a public school teacher arrested for teaching evolution against the state of Tennessee, Religion on Trial chronicles key court cases that have shaped the tumultuous relationship between church and state throughout U.S. history. This volume chronicles such groundbreaking cases as the 1991 decision ordering blood transfusions for children of Christian Scientists in Norwood Hospital v. Munoz and the infamous case, Engel v. Vitale, that banned prayer in schools and ignited calls for Chief Justice Earl Warren's impeachment. The work addresses such inflammatory contemporary disputes as prayer in schools, allegiance to the flag, and the display of religious symbols on public property, and the impact they have had on American society. A-Z entries cover people, laws, events, and concepts that have shaped the legal debate over religion in the United States A chronology begins in colonial times and extends through the present, with a special focus on important court cases of the 20th century

This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies. Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang

- Sidney Dekker examines how decades of deregulation and privatization have only led to a greater burden of compliance, and why, with so many rules to ensure safety, things can still go spectacularly wrong. - Written for all those with a vested interest in understanding the actual nature of organizational safety and performance, and in doing so make tangible improvements. - The first in a unique trilogy, this book complements Dekker's many best-sellers while broadening his appeal way beyond safety-critical industries.

The book examines whether small jurisdictions (states) are confronted with specific issues providing social security and how to deal with these issues. How is social security law impacted by the smallness of the jurisdiction? First, the author examines the key concepts 'small jurisdiction' and 'social security' as he understands them in the present research. He then pays some attention to the relation between social security and social security law and subsequently makes an excursion to explore the notion of legal transplants. In the second part, the author first examines the main features characterizing small states according to the general literature on small states, focusing on features which may be relevant to social security. He also includes an overview of the (limited) literature dealing with the specific social security issues small jurisdictions have to deal with. In other words, the second part provides the reader with the status quaestionis. In the third part, the author takes a look at the social security systems of 20 selected small jurisdictions. He does so according to a uniform scheme, in order to facilitate their comparison. These 20 case studies allow him in a next part to test the correctness of the statements made in Part 2. In the fourth part, he compares the social security systems of the 20 small jurisdictions. He draws conclusions as to the main question, but also to test the validity of the current literature on the topic as described in Part 2. Special attention goes to the use of legal transplants for the definition of the personal scope of social security arrangements. In the concluding part of the book, the author formulates some suggestions for the benefit of the social security systems of the small jurisdictions, based on his research.

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

PERSONAL TRAINERS are not just fitness professionals; they could be the saviours of the global health-care system-life changers. As pioneers in this budding field in the health and wellness industry, trainers face misinformation and myths about the fitness industry. What's more, due to negative portrayal in the media, the common perception of personal trainers is less than stellar.

This situation, coupled with the relative lack of regulation, means that there are many legal issues that you must be aware of in order to stay safe in your day-today practice. As is the case for any practitioner of a health-related profession, you must be aware of the legal ramifications of your decisions and advice. But the legal education provided to personal trainers is virtually nonexistent.

In this guidebook, author Gary Pitts, a master strength coach and Canada's premier fitness lawyer, provides the knowledge you need for your practice. Following the principles of MISS (make it simple, stupid), Gary has compiled information on the entire spectrum of fitness-specific legal issues, most of which are largely unknown or misunderstood by even the most seasoned veterans in the personal training industry. If you're serious about your personal training career, explores these important issues and start building your protective legal strategies now.

The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question:
- factors determining the role of collective agreements;
- factors determining the regulatory power of collective agreements toward the employment contract;
- factors limiting the regulatory power of collective agreements;
- degree of freedom of the parties to shape the employment contract; and
- future prospects for collective agreements as a means of regulating the employment contract.

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.

From Rights to Management presents a powerful and thoroughly documented new thesis about the transformation of the concept of work during the period 1970-2000. The authors remind us of what we now easily forget: that, not so long ago, the right of an unemployed person to social security benefits and services was not questioned. Over the years, this right has been gradually replaced by a two-way bargain with the state. And in the place of this old 'social citizenship', there has arisen a government-corporate alliance that manages job seekers by contract. The shift from the needs of the person to the demands of business is complete. Those tempted to argue with this provocative thesis will find a formidable array of evidence assembled in this well-researched book. Focusing primarily on Australia - where the marketisation of welfare and employment services has gone farther than in any other country - Professors Carney and Ramia draw not only on the recent literature of several relevant disciplines, but also on in-depth interviews with thirty unemployed people from a wide range of backgrounds and situations. By assessing the inner working and impacts of public management transformations on the lives of those most deeply affected, the authors provide a keen understanding of how the management theories, initiatives, and pretexts -- economic and legal - work out in actuality. The interdisciplinary discussion incorporates debates about civil society, social capital, and other germane topics of great concern to scholars, policymakers, and administrators in this era of globalisation. A deep analysis of the new policy network of social services examines the types of contracts that govern thevarious parts of the system. The analysis concludes with a proposed new framework that reinstalls citizenship as the basis for welfare policy, but in a way that places real obligations and accountability on government and does not leave disadvantaged persons to fight a losing battle. No lawyer, professional, academic, or official in the social policy environment can afford to ignore this challenging work.

Few subjects provoke as much controversy or debate as that of medical care, and the law that governs such an emotive area finds itself with the near-impossible task of simultaneously trying to regulate the medical profession and healthcare provision whilst upholding the rights of the millions of people who use those services every year. Medical Law combines an accessible explanation of the complex and challenging legal rules of medical care in England and Wales with a stimulating examination of the social, political and ethical arguments such care provokes. It examines a broad range of issues, from the structure and organisation of the NHS, through the rules of clinical negligence, as well as focussing on the legal and ethical concerns around such deeply contentious areas as surrogacy, organ donation, abortion and euthanasia. Written very much with newcomers to the area in mind, Leanne Bell lucidly outlines not just what the law is, but how it has developed over time and also provides insights as to how advances in medical technology and techniques may call for it to evolve in the future.

This book explores policy, legal, and practice implications regarding the emerging field of disaster justice, using case studies of floods, bushfires, heatwaves, and earthquakes in Australia and Southern and South-east Asia. It reveals geographic locational and social disadvantage and structural inequities that lead to increased risk and vulnerability to disaster, and which impact ability to recover post-disaster. Written by multidisciplinary disaster researchers, the book addresses all stages of the disaster management cycle, demonstrating or recommending just approaches to preparation, response and recovery. It notably reveals how procedural, distributional and interactional aspects of justice enhance resilience, and offers a cutting edge analysis of disaster justice for managers, policy makers, researchers in justice, climate change or emergency management.

This book presents valuable and recent lessons learned regarding the links between natural resources management, from a Socio-Ecological perspective, and the biodiversity conservation in Mexico. It address the political and social aspects, as well as the biological and ecological factors, involved in natural resources management and their impacts on biodiversity conservation. It is a useful resource for researchers and professionals around the globe, but especially those in Latin American countries, which are grappling with the same Bio-Cultural heritage conservation issues.

Too many oil spills have given dramatic evidence of the inadequacy of international conventions designed to prevent and/or compensate for maritime pollution damage. In the light of the ecological disaster caused by such incidents and the huge economic consequences for the population of the zones affected, various concerned parties around the world are deeply committed to the goals of optimizing legal mechanisms to prevent and deter maritime pollution incidents as well as providing better and more efficient compensation of victims. One of the more notable conferences dedicated to this purpose was sponsored by the Institute of International Maritime Law of Dalian Maritime University in conjunction with the Maastricht European Institute for Transnational Legal Research in June 2009. This important book is a record of that conference. Twenty-nine authors A- academics, lawyers, and officials of relevant agencies, from China, Europe, and the United States A- here offer thorough analysis of the overt and underlying legal issues with which this difficult matter is fraught, including the following: A { imposition of financial caps; A { competence of authorities; A { criminal sanctions for non-compliance; A { parties to criminal liability; A { territorial scope of state police power; A { relevance and application of the public trust doctrine; A { carriage of dangerous substances by sea; A { fair treatment of seafarers; A { role of the A protection and indemnity clubs A|; A { monitoring and inspections of ships as an aspect of criminal law; and A { insurance coverage for fines. The approach thoughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the A Bunker Convention A| of 2008), with particular attention to their implementation in China and Europe, as well as the independent U.S. regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms. Through a critical review of the current structure of prevention and compensation for oil pollution damage, this book opens the door to a further restructuring of conventions (or national legislation), clarifying the dimensions of the crucial discussion about of how an optimal enforcement of oil pollution legislation can be achieved and who should bear the costs. It will be hugely valuable to policymakers and practitioners dealing with this most daunting and urgent of international legal problems.

The legal regime regulating ship safety and pollution provides an illustration of late-20th century trends in international law in general, and of the law of the sea and international environmental law in particular. The sources of law are expanding in several directions. The number of global instruments - both "soft" and "hard" law - is constantly increasing and regional organizations are more and more concerned with matters affecting traditional freedoms of the seas. Frequently, different levels of norms cover the same issues, thus creating competing - possibly even conflicting - rules. This volume provides a detailed examination of current legal issues relating to the variety of rules and rule-makers in the field of marine environmental protection, and also relates the recent developments to international law in a wider context. It contains revised and edited versions of the papers presented at a conference in the Aland Islands, Finland in August 1996, convened by the Department of LAw of Abo Akademi University, Finland.

This volume represents a contribution to the growing literature on international and comparative climate change policy. The product of a research project of the International Bar Association Section on Energy and Natural Resources Law (SERL), it brings together leading academic lawyers from around the world, who provide detailed perspectives on what individual countries are doing (or, in some cases, not doing) to address the climate change problem. The book illustrates the range of national actions to reduce greenhouse gas emissions, including incentives for renewable energy sources, forestry activities, voluntary agreements with industry, and emissions trading schemes. By including experts from both industrialized and developing countries, it also highlights the very differing perspectives that must be addressed in any international climate change regime, whether under Kyoto or a successor. These detailed case studies provide a rich array of material, which should be of significant interest not only to academic and business lawyers, but also to economists and energy experts, government officials, and NGOs.

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

This book investigates the existing and possible links between the concept of a Carbon Club and the Paris Agreement. In doing so the book defines those criteria that may lead to an effective establishment of a Carbon Club acting within the mandate of the Paris Agreement and identifies the key questions that such an option may help to tackle: Which low-carbon pathways are compatible with the new temperature targets set by the Paris Agreement? Can new entities like the Carbon Club have a decisive role in guaranteeing the alignment of the aggregate mitigating actions with the global objectives identified within the Paris Agreement? What role will be played by market and non-market approaches within the proposed framework? How can economic, social, and environmental sustainability be ensured during the implementation of the Agreement? How can justice and equity be encouraged between the Parties and all the involved actors as required by the Agreement? Which instruments can be designed and adopted to provide the expected degree of transparency for the new system? To respond to these questions the book adopts a holistic approach, able to emphasize the strong interrelations. The book discusses the opportunity to develop a Carbon Club within the Article 6 framework, and provides a feasible roadmap for its means of implementation, rules and governance structure. The final result is a feasible policy proposal that takes into account all the key issues introduced by the questions, and draws a roadmap towards a 'low-carbon Bretton Woods'.

Mass Media Law, 22nd ed., provides college students with a timely, comprehensive, and up-to-date examination of some of the most important principles, doctrines, and cases affecting communications law and the First Amendment freedoms of speech, press, and assembly. The book is packed with current, real-life examples and the latest legal rulings that are relevant for students studying journalism, advertising, public relations, telecommunications, and other facets of the media and communications professions.

This book outlines the legal powers of a major Western nation - Australia - to collect and use location information. Mobile service and social media service providers now have the ability to track, record and store more precise location information. Unlike 4G, 5G mobile communications require that cell towers and antennas be in much closer proximity; as a result, the location data can reveal more personal and sensitive information about individual citizens. Despite this aspect, service providers are required to disclose the data to the authorities, without the need for a judicial warrant. This book was written from the perspective of big location data software analytics, a capability that makes it possible to combine various location data points to create a profile on a given individual's movements, habits, and political, religious and ideological orientation. In this regard, privacy is poorly protected. The rationale used to justify the powers was enforcing serious crimes - terrorism offences. Location data can now be retained for at least two years and be collected to investigate even minor offences. This can be done without the person being reasonably suspected of a criminal offence - when the individual is simply determined to be a person of interest. This poses legal risks to vulnerable communities. And yet, such investigative techniques are deemed lawful and reasonable. At a time when national security is so broadly defined to include economic issues, which in turn overlap with climate change and environmental protection, these legal powers should be reassessed. The book clarifies the complex rules that every citizen must know in order to have agency. Further, it calls upon authorities to reflect and to self-regulate, by making the conscious decision to surrender some of their powers to review by the independent judiciary. Without the requirement for a judicial warrant or judicial review, the powers are unfairly broad. The book pursues an interdisciplinary approach to assess the functionality of mobile telecommunications in direct relation to law enforcement powers and existing judicial precedents. Further, it offers a unifying techno-legal perspective on a complex issue touching on modern privacy law and communications technologies.