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Edited by Hanneke van Schooten and Jonathan Verschuuren

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Edited by Hanneke van Schooten and Jonathan Verschuuren

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Edited by Hanneke van Schooten and Jonathan Verschuuren

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Hanneke van Schooten and Jonathan Verschuuren

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International Governance and Law

State Regulation and Non-state Law

Edited by Hanneke van Schooten and Jonathan Verschuuren

Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.
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Werner Scholtz and Jonathan Verschuuren

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Regional Environmental Law

Transregional Comparative Lessons in Pursuit of Sustainable Development

Edited by Werner Scholtz and Jonathan Verschuuren

The core focus of this timely volume is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to environmental problems, presenting a comparative legal analysis of the manner in which the AU, EU, OAS and ASEAN deal with the issues of climate change, human rights and the environment.
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Jonathan Verschuuren

There has been considerable debate about the legal nature of the principle of sustainable development as well as its meaning. Is it really a legal principle? These debates are related because the rather vague and ambiguous terminology makes a straightforward legal implementation or application of the principle of sustainable development in legal practice difficult. Legal scholars have labelled ‘sustainable development’ a concept, a goal, a policy objective, a guideline, an ideal, a meta-principle, a weak norm of international law, a concept or principle of customary law, or a legal principle. Since its rise in international environmental law in 1992, sustainable development has been increasingly referred to by drafters of environmental and other treaties as well as by international and domestic courts. Increased reference to sustainable development – sometimes as a principle but more often as an objective or a concept – has led to its stronger normative power and its stronger legal status. The integration of environmental concerns into decision-making processes has been broadly accepted and it can authoritatively be seen as a firm legal duty. Although many commentators probably think that this process has not gone fast enough, it is the view of the author of this chapter that an extrapolation of the use of the principle of sustainable development will see a further increase of its impact upon judicial reasoning and upon how legal texts will be drafted in the near future.
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Jonathan Verschuuren

This chapter critically assesses the current and potential role of the UNFCCC and related documents, most importantly the Kyoto Protocol and the Paris Agreement, in addressing the combined challenges for the agricultural sector of reducing greenhouse gas emissions and adapting to the changing climate while increasing productivity. To date, agriculture has only played a marginal role in the UNFCCC and the Kyoto Protocol, and there are not many signs that things will be drastically different under the Paris Agreement. These international instruments certainly do not provide a powerful stimulus to adopt and implement policies aimed at converting agricultural practices to become climate smart. Under the UNFCCC, there is little attention to reducing emissions from agriculture. Most attention focuses on adaptation to climate change in rural areas in developing countries, particularly through the various instruments that finance adaptation projects in developing countries. Yet even in that area progress is painfully slow. Much more concrete action is needed to facilitate the transfer of adaptation technologies and adaptation know-how as well as funds to finance adaptation measures in agriculture to developing countries. For the developed countries, the UNFCCC does not make much of a contribution to addressing climate change and food security issues. Because emissions from agriculture have been rising on a yearly basis since 1990 and because the increase in demand for agricultural products (both for food and for biofuels) will cause emissions to rise further, agriculture can no longer be ignored in the international negotiations. Key Words: climate smart agriculture, technology transfer, food security, adaptation, mitigation, developing countries