This insightful book considers how the law has adapted to the environmental challenges of the 21st Century and the ways in which it might be used to cope with environmental risks and uncertainties whilst promoting resilience and greater equality. These issues are considered in social context by contributors from different disciplines who examine some of the experiments tried in different parts of the world to govern the environment, improve the available legal tools and give voice to more diverse groups.
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Edited by Bridget M. Hutter
Edited by Susan C. Breau and Katja L.H. Samuel
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
New Approaches to Conservation Law
Colin T. Reid and Walters Nsoh
Current regulatory approaches have not prevented the loss of biodiversity across the world. This book explores the scope to strengthen conservation by using different legal mechanisms such as biodiversity offsetting, payment for ecosystem services and conservation covenants, as well as tradable development rights and taxation. The authors discuss how such mechanisms introduce elements of a market approach as well as private sector initiative and resources. They show how examples already in operation serve to highlight the design challenges, legal, technical and ethical, that must be overcome if these mechanisms are to be effective and widely accepted.
Edited by Jordi Jaria i Manzano, Nathalie Chalifour and Louis J. Kotzé
This book makes an in-depth and timely contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars around the world to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique snapshot of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.
A Guide to Best Practice
Timo Koivurova, Pamela Lesser, Sonja Bickford, Paula Kankaanpää and Marina Nenasheva
Significant growth in economic activity in the Arctic has added weight to the argument that projects must be developed responsibly and sustainably. Addressing growing concerns regarding the exploitation of the Arctic’s natural resources, this timely book presents and evaluates examples of best practice in Arctic environmental impact assessment.
A Comparative Analysis
Edited by Kalyani Robbins
This book provides a comparative analysis of the various approaches to environmental federalism and a consideration of what each system might learn from the others. Each chapter focuses on a different regime, and together they offer a broad overview of the field as well as original theory and policy analysis that is sure to meaningfully contribute to our understanding of environmental federalism as well as our policy-making future.
Edited by Paul Martin and Amanda Kennedy
At the Rio +20 conference attention was focused upon the variable effectiveness of a large range of international instruments. The IUCN too has recently began to focus upon the effectiveness of legal arrangements for environmental governance. Both of these developments are representative of an increasing awareness that legal environmental governance arrangements frequently fail to achieve the desired outcomes, or give rise to perverse and unexpected effects. The reasons why this may be so include issues such as the limited commitment of the responsible government or its agents, issues of corruption or incapacity, problems arising from the choice of the governance instrument, or the design of the law. This book tackles the challenges of implementation of environmental law, drawing upon the expertise of an international cast of contributors and investigations across a range of jurisdictions.
Trusteeship of the Global Commons
The predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect, what essentially, is outside their jurisdiction. However the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing case, for trusteeship governance. It shows how the United Nations together with states can draw from their own traditions to develop new, effective regimes of trusteeship for the global commons.
New Governance, Hybridity and REACH
This book provides an exploratory, explanatory and normative account of REACH, the EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals, and its regulator, the European Chemicals Agency (ECHA). There are more than one million words of official ECHA guidance to accompany the 516 pages of REACH. This book sets out a thick, detailed analysis of REACH and ECHA’s guidance and, in so doing, offers up a complex, nuanced and differentiated account of hybrid new governance.
Concepts, Implementation and Effectiveness
Edited by Michael Faure, Peter De Smedt and An Stas
Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.