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Leonie Reins

This chapter provides an overall introduction to the volume. More precisely it describes the research agenda for the chapters to come, the overall challenges to a coherent regulation of shale gas, the associated environmental impacts, as well as the overarching research questions and overall structure. Key words: research agenda; environmental impacts; shale gas; coherent regulation

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Edited by Michael Faure

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Mary Jane Angelo

This chapter serves as an introduction to the issues associated with agriculture and climate change and provides context for the other chapters in the volume. It describes how, although a wide range of ideas and perspectives are presented in the volume, several common themes emerge. Climate change and agriculture are part of a complex web of science, law and policy, which extends from the global scale to the smallholder. Agriculture is a significant contributor to climate change and thus should be considered part of the solution, as well as part of the problem. Consequently changes to agricultural systems that reduce GHG emissions, sequester carbon or put land to use in ways that reduce overall atmospheric carbon can be important tools for climate change mitigation. Conversely agriculture in general and food security in particular, will suffer serious adverse impacts from climate change even with mitigation measures in place. Accordingly agricultural adaptation strategies targeted at agricultural production will be critical to ensuring food security in the future. Because of the pervasive complexity and uncertainty regarding climate change impacts on agriculture, it will be important to ensure that any adaptation efforts employ systems approaches aimed at building resiliency in agricultural production as well as in the entire agricultural value chain. In many cases resilient agricultural systems are comprised of both mitigation and adaptive elements. Thus building more resilient systems will have benefits in reducing the adverse effects of climate change as well as adapting to the inevitable effects that will occur. Although climate change will result in adverse impacts throughout the globe, disproportionate impacts will be felt by the poorest and most vulnerable populations. Regions of the developing world face the greatest threats to food security. Mitigation and adaptation strategies, including regulatory and financial policies must include measures to ensure greater food security for poor and vulnerable populations. This volume provides a number of proposals for climate change mitigation and adaptation aimed at providing food security for a growing population in an era of dramatic changes to the global environment. Key Words: food security, climate change, agriculture, resilience, adaptation, mitigation

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Simon Marsden

Chapter 1 introduces the book, sets out the scope and aims, and outlines the research questions and methodology. A common framework for analysing each of the regimes is explained and justified, with reference to the scholarship of international law, international political economy and global politics. Chapter 1 also outlines and distinguishes between regions and subregions in Asia, and discusses environmental regimes in the literatures. It considers the geography of Asia as a region and the environmental issues it faces, examining the numerous international and regional institutions that operate there. It also reviews the discourse and scholarship in connection with regions and subregions developed by these institutions and by academic commentators, with a focus on the development of further institutions to respond to the needs identified. The notion and practicality of regime effectiveness is also considered. Keywords: Asia, subregions, environment, regime, effectiveness

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Elizabeth Ferris and Jonas Bergmann

This article explores alternative ways that legal and normative frameworks can be used to uphold the rights of those who are displaced internally or across borders in the context of anthropogenic climate change. In particular, we argue that more efforts should be focused on developing soft law rather than trying to fit those displaced because of the effects of climate change into existing legal frameworks. The present hard law system governing the movement of people is not equipped to handle the complexities of population movements resulting from the effects of climate change, and an adequate transformation of these often static legal regimes is improbable. By contrast, soft law offers a number of advantages particularly well suited to the characteristics of those who move because of the effects of climate change and who currently fall into the gaps between protection frameworks. On the downside, soft law norms are not binding and the multiplicity of such initiatives may contribute to a fragmentation of protection systems, resources and attention. Therefore, the present article concludes by arguing for a two-track approach in which both soft and hard law contributes to the protection of those displaced in the context of climate change. On the one hand, in order to address some of the current protection gaps, existing, emergent and new soft law needs to be used and implemented more thoroughly. At the same time, ways forward also include encouraging the more effective and dynamic implementation of hard law, especially through regionalization, complementary protection and the deployment of some features of emerging climate change regimes.

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Geert Van Calster and Leonie Reins

This chapter discusses the history and developmental context of European environmental law. It establishes the sources thereof, as well as the division of competences in European law in general and in the area of environmental law specifically. Lastly, it discusses the objectives of European environmental law, namely sustainable development, a high degree of environmental protection, the quality of the environment, protecting human health and promoting measures at the international level.

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Gerald Nagtzaam

Chapter 1 scrutinizes the case study of the primary ‘ecoterrorist’ group protecting animals: the Animal Liberation Front (ALF). It sets out a brief history of animal welfare groups, the Hunt Saboteur protest group and the radical environmental group Band of Mercy that predated the ALF, as well as a biography of the group’s charismatic leader Ronnie Lee. The chapter describes the birth of the ALF both in the UK and the USA. It goes on to critically analyse both the ALF’s underlying philosophy and the development of a radical animal rights philosophy that underpinned ALF actions.
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Rosemary Rayfuse

General principles of international environmental law provide the theoretical foundation for the development of normative frameworks in international law. In the waste management context, five general principles are particularly relevant: the principle of permanent sovereignty over natural resources and the duty not to cause transboundary harm; the principle of preventive action; the corresponding principle of cooperation; the principle of sustainable development; and the precautionary principle. Operationalization of these principles in the waste context has led to the development of new principles, such as those of self-sufficiency, proximity, waste minimization, environmentally sound management and prior informed consent, all of which are further operationalized in the detailed rules set out in the Basel Convention and other treaties dealing with waste management. This chapter examines the interpretation and application of these general principles and the role they have played in the development of the international legal regime for the management and transboundary movement of waste.