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Integrating insights from economics, law and political science, Biodiversity and Climate: Tackling Global Footprints explores the vital connection between environmental preservation and taxation policies within the multifaceted context of climate change. The book fosters a deeper understanding of how taxation can be used to address critical environmental issues, namely ecological destruction and climate change.Global in scope, this topical book offers a holistic view of environmental challenges and examines international taxation strategies used to address them. Chapters discuss the priorities and techniques of biodiversity protection, analyses of emissions reduction in agriculture and forestry, as well as local, national and maritime climate challenges and the tools available to alleviate them. Bringing together leading experts from multiple disciplines, the book also explores the social acceptance of environmental taxation illustrated via case studies spanning across Europe and Australia.Timely and practical, this book is a vital reference point for students and scholars of environmental law, economics and sustainable development. Its experts'strategic insights and recommendations will also appeal to fiscal policymakers, as well as environmental scientists, economists and advocates.

Feminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all.This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women's mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.

Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Applied Green Criminology provides a comprehensive overview of interventions and practices that contribute to environmental protection. Topics include crime prevention, environmental regulation and law enforcement, environmental forensics, greening of criminal justice institutions, and social activism. Underpinning these topics is the notion of eco-justice, which focuses on environmental justice (humans), ecological justice (ecosystems) and species justice (non-human animals and plants). Key Features:Discusses practical ways to prevent and stop environmental crimes and harmsPresents grounded examples and knowledge gained from years of experience and expertise reflecting a'pracademic'orientationProvides insightful summaries of intervention practicesThis Advanced Introduction will be invaluable to practitioners, such as green criminologists, conservation scientists, and environmental lawyers and regulators, as well as academics and students interested in preventing, stopping, and deterring environmental crimes and harms.?

This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.Perceptive contributions examine the emerging roles played by a range of concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. New and revised chapters thoroughly examine the concepts at the heart of environmental law including sustainability, protection and climate change law. This second edition further illuminates key aspects of environmental governance through the lens of their underlying dimensions: the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.This discerning new edition will be an ideal read for all students and researchers in environmental law and governance. Furthermore, it will be essential reading and a valuable resource for policymakers, legal drafters and those wanting to understand the foundations of the modern environmental legal system.

This thought-provoking book explores how the global ecological crisis profoundly challenges conventional meanings of environmental security and raises important questions about how states and other institutions now face the future.Simon Dalby provides unique insights into the traditional search for security in terms of using firepower to dominate states and environments, and how this is now endangering people across the globe. Whereas earlier concerns about nuclear firepower focused on the security dilemmas it posed, Dalby offers a new perspective into the existential threats to civilization presented by the combustion of fossil fuels. Propounding that the constraint of firepower in both senses is now key to a flourishing human future, the book calls for international relations scholars to rethink many of the central premises in the field and formulate new policies that focus on the necessity of ecological flourishing to provide meaningful security in a climate disrupted world.Visionary and inspiring, Rethinking Environmental Security will be a critical read for scholars and students of international relations, climate change, environmental governance and regulation, and political geography and geopolitics. Its novel ideas will also be beneficial for policy makers and practitioners in these fields.

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.Building a pathway to literacy in climate change policy, chapters provide an accessible overview of key energy regulations and laws governing energy projects, legal mechanisms to regulate GHG emissions, and the role of state and local governments in developing mitigation and adaptation policy, particularly in the building and transportation sectors. The authors highlight the relationship between human rights and climate change using the framework of human rights law, analyze the use of litigation to compel climate change mitigation and adaptation and suggest ways to achieve international cooperation.Providing a deep understanding of ongoing debates about the design and implementation of climate change law and policy, this book will be an essential resource for students and researchers of environmental and climate change law, governance, and regulation. It will also be useful for policymakers and practitioners in the field for its practical insights into future developments and solutions.

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, Lee Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.Key features include:a review of how the role of criminal enforcement has evolveddiscussion of traditional compliance monitoring and the role of citizen scienceexamination of the increasing importance of private environmental governance, and the role that government agencies can play in supporting these practicesexploration of the need to consider “next generation” and “smart regulation” strategies. This concise and nuanced book will be a key resource for students and scholars of environmental law and politics, criminal law and justice and international policy, as well as environmental enforcement professionals worldwide.

This timely book examines the reform of maritime law under the influence of environmental principles and the effects of these changes in the legal relationships between maritime stakeholders. Providing an integrated assessment of the use of environmental principles in the governance of shipping and maritime law, it argues that normative barriers supported by short term financial interests, the balance of power between states and the technocratic character of the IMO are delaying necessary changes to support sustainable development and thus endanger the marine environment.Offering a complete review of the environmental impacts of shipping, Michael Tsimplis analyses the compatibility of maritime conventions with environmental norms, developing a methodology using publicly available documents of the International Maritime Organisation. He discusses what would be required in terms of governance for sustainability in the maritime sector, proposing a number of ways of removing barriers within a strategy of zero discharges, zero emissions, and zero impact.Scholars and students of maritime and environmental law will find this book's analysis of how environmental principles affect both public and private law aspects of the shipping sector illuminating. It will also be of interest to policy makers and regulators in the maritime and environment sectors looking for an overview of the issues involved in improving environmental performance in shipping.

‘Citizen sensing', the practice in which grassroots actors use sensor technology for environmental monitoring, is increasingly entering the debate around environmental risk governance. This groundbreaking book explores the potential for citizen sensing to concretely influence the governance of environmental risks to public health by shaping policy responses implemented by competent institutions. Taking a unique perspective that combines the elements of risk, technology, the grassroots-drive and distrust, Anna Berti Suman analyses which factors contribute to the policy uptake of community-led citizen sensing. She frames the study through the voices of the citizen sensing participants interviewed in her fieldwork, incorporating both theoretical reflections and ethnography into a mixed-methods approach. The book offers novel insights into the advantages and drawbacks of the reliance on citizen sensing by institutional actors and highlights the need for further research in this area. Academics working in environmental law and risk governance will find the research and findings contained in this book both interesting and timely. It will also be of practical use to policy-makers and practitioners, as well as citizen sensing communities that wish to make their monitoring practices more influential.

In this timely book, Sven Rudolph and Elena Aydos take an interdisciplinary approach that combines sustainability economics, political economy and legal concepts to answer two fundamental questions: How can carbon markets be designed to be effective, efficient and just at the same time? And how can the political barriers to sustainable carbon markets be overcome?The first part of the book develops an innovative and robust Sustainable Model Rule for evaluating carbon market design, which is demonstrated in practice through chapters assessing the vast majority of real-life emissions trading schemes (ETS) from around the world. In the second part, the focus shifts to political feasibility, providing a political economy framework for evaluating ETS. The authors examine empirical data from case studies in several countries, and identify strategies and policy windows for implementing truly sustainable ETS.The cutting-edge tools outlined in this book for conducting assessments of carbon market design and feasibility will be invaluable for climate policy practitioners and environmental lawyers at national and international levels. The book will also be an important resource for policy makers, think tanks and stakeholders, as well as for scholars and students in environmental economics and climate change law and policy.

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard'and ‘soft'innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation.Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. It analyzes important sectors at the forefront of the field, including climate change and biodiversity. Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes. Offering an accessible and broad-ranging guide to the field's major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.

Featuring an international, multidisciplinary set of contributors, this thought-provoking book reimagines established narratives of the Anthropocene to allow differences in regions and contexts to be taken seriously, emphasising the importance of localised and situated knowledge. Envisaging a narrative of change that renders visible the complex transformations taking place across the globe, this book outlines new and radical ways to address the current environmental crisis in a more sustainable and context-specific manner. It presents empirical studies from various contexts, highlighting the potentiality of non-Western knowledge, concepts and categories as well as recognising the entanglement of humans with other beings and ecosystems. In particular, it offers critical engagement with the debates around the Anthropocene by challenging the dominant techno-rational agenda that often prevails in socio-political and academic discussions. This book will be crucial reading for researchers and post-graduate students working in fields from human geography and tourism studies to law, public policy and administration, philosophy, politics and organisation studies who are dealing with intersecting issues of environment, sustainability, indigenous rights, space and ethics. It will also be helpful for policy makers and research consultants in leveraging localised solutions to the current ecological crisis.

This timely book provides a critical examination of the ways in which tax expenditures can be best used in order to enhance their efficacy as instruments for the implementation of environmental policy. Examining the capacity and limits of tax expenditures in financing environmental policy, Hope Ashiabor considers their use in various contexts and policies in order to clearly establish the common threads as well as any deviations that have emerged. The book outlines how, when used in environmental policy either to provide preferences to certain activities or to address the challenges of environmental degradation, the management of tax expenditures invariably results in unintended consequences that manifest in negative environmental outcomes and economic inefficiencies. It also examines some of the challenges encountered in re-structuring subsidies that have become environmentally harmful. Tax Expenditures and Environmental Policy will be of great interest to students and scholars in both tax and environmental law. It will also offer an essential tool for policy makers and practitioners through its focus on policy design and its doctrinal analysis.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include: T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

Containing an in-depth study of the emerging theory and core concepts of ecological law, this book insightfully proposes a'lens of ecological law'through which the disparity between current laws and ecological law can be assessed. The lens consists of three principles: ecocentrism, ecological primacy and ecological justice. These principles are used within the book to explore and analyse the challenges and opportunities related to the transition to ecological law and to examine three key mining case studies. This thought-provoking book argues that ecological law should develop a needs-based approach to mining coupled with an ecological integrity standard in support of the effort to build a convivial and ecologically just society. This book's innovative approach treats ecological law as an emerging discipline by summarizing and discussing key aspects of its theory, including its foundations in science and critiques of economic growth; the core ideas from its foundational scholars; how to define it; and how it relates to Indigenous legal traditions and green legal theory. The Lens of Ecological Law will appeal to scholars and students in the fields of environmental and ecological law, sustainability and natural resources, whilst also being of interest to readers concerned with extractivism.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Climate change will bring great suffering to communities, individuals and ecosystems. Those least responsible for the problem will suffer the most. Justice demands urgent action to reverse its causes and impacts. In this provocative new book, Paul G. Harris brings together original essays to explore innovative approaches to understanding and implementing climate justice in the future. Through investigations informed by theories from philosophy, politics, sociology, law and economics, this Research Agenda reveals the actors most responsible for climate change and suggests concrete proposals for more effective mitigation. Addressing the distribution of scarce resources and the disproportionate responsibility of affluent nations and people, this insightful book asserts that climate change is a matter of equity, fairness and social and distributive justice. It argues that climate change is shaping up to be the greatest injustice in all of human history. This analytical and thought-provoking Research Agenda will be a valuable tool for climate change researchers while its interdisciplinary approach will appeal to students and academics researching in the fields of global environmental politics, sustainability, international relations, environmental philosophy and law. The examination of the key questions of climate justice from global through to individual levels will also aid policy-makers, practitioners and activists. Contributors include: R. Attfield, I. Bailey, F. Corvino, A. Dietzel, J. Donhauser, P.G. Harris, S. Kopra, J.S. Mastaler, S.R. O'Doherty, G. Pellegrini-Masini, A. Pirni, D. Storey, C. Swingle, C. Tornel, I. Wallimann-Helmer

This Research Handbook examines one of the most dynamic areas of public international law: the interaction between environmental law and policy and international investment law. The multiplicity of forms that interaction takes is the core theme of this Research Handbook. The contributors are drawn from a variety of legal backgrounds to give a well-rounded view of this complex relationship. Taking a thematic approach, this Research Handbook provides analysis on key issues in the environment-investment nexus, including freshwater resources, climate, biodiversity and sustainable development. The expert contributors unpack the complexities of this field of research through investigating regional experiences, assessing practices and procedures, and offering innovative approaches and new critical perspectives on the issues involved. The Research Handbook demonstrates that the exact nature of the relationship between environmental law and investment law is still evolving and, in so doing, indicates directions for future research. This timely Research Handbook will be of great interest to scholars who are researching the interactions between environmental law, international investment law and sustainable development. More widely, those with a research interest in public international law will find this to be a compelling reference tool.Contributors include: R.J. Anderson, F. Baetens, A.K. Bjorklund, G. Bottini, C. Brown, D. Cucinotta, M. Ferrer, S. Frank, U. Kriebaum, J. Levine, D. Liang, E. Luke, S. Luttrell, E. Méndez Bräutigam, K. Miles, I. Odumosu-Ayanu, N. Peart, J. Peel, B.J. Richardson, A. Telesetsky, K. Tienhaara, V. Vadi, J.E. Viñuales, R. Weeramantry, R. Yotova

Facts and feelings constitute a complex tension in modern science. Not only can public opinion deviate from scientific knowledge, but that knowledge itself can be lacunose or contradicting. Managing Facts and Feelings in Environmental Governance examines this internal friction, between the need to engage the public in the importance of environmental governance and the demand of professional expertise to address the issues that arise. This timely and insightful book acknowledges the growing role of behavioural science in the determination of environmental policy, regulation and decision-making, providing astute guidance to decision-makers regarding how to balance the needs of public participation procedures and professional expertise. Its multidisciplinary approach provides new insights in the field of public participation, enabling further analysis of environmental psychology, equality law and fundamental rights and offers concrete guidance on how to approach natural science in court. Engaging with the role that the precautionary principle can play in balancing tensions between public and academic spheres, this book includes a state-of-the-art account of the precautionary approach under EU and International Law. Combining law in action with academic approaches, this book is a must-read for scholars of environmental law, governance and regulation. It also offers valuable guidance for decision-makers and NGOs active in environmental protection, as well as environmental lawyers at national, European and international levels.

Climate change is causing a geological transition, defining a new era in which the Earth System is configured through human action. The emergence of a global polity through physical, economic and social interaction demands a global response to this phenomenon which cannot be modelled on traditional political and legal concepts centred around the nation-state. This Research Handbook explores the implementation of climate constitutionalism on a global scale, considering both language and substance in order to design adequate normative patterns for addressing climate change. Against the narrative of the Anthropocene and its implications for the law, carefully curated chapters provide a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity that are so necessarily intertwined with the causes and consequences of climate change. Recognising the adaptation and mitigation demands implied by climate change, this astute Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society. Timely and engaging, this Research Handbook will prove vital reading for students and scholars of environmental, constitutional and administrative law and policy. Climate change practitioners, policy makers and activists will also find its insights highly informative. Contributors include: S. Atapattu, S. Borràs, K. Bosselmann, E. Cocciolo, G.M. Cuadros, E. Daly, P. de Araujo Ayala, B.H. Desai, R.J. Heffron, A. Hornborg, J. Jaria-Manzano, L.J. Kotzé, J.R. May, D. McCauley, K. Morrow, M. Powers, J.M. Pureza, B.K. Sidhu, A. Sinden

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang

'Stefan Weishaar brought an excellent group of authors together in this book, reflecting on key developments for the green market transition! Happy to read so many refreshing contributions on carbon taxes, energy subsidies and smart instrument mixes.'- Kurt Deketelaere, University of Leuven, Belgium The Paris Agreement on climate change constitutes an important milestone in international climate negotiations. Its key objective is the strengthening of the global response to climate change by transitioning the world to an increasingly green economy. In this book, environmental tax and climate law experts address the various issues surrounding green market transitions. Key chapters examine carbon taxes and systems of implementation, energy subsidies, and support schemes for carbon and energy policies. Using a multitude of international case studies, several contributing authors reflect on the underlying policy dynamics and the constraints of various fiscal measures. In addition, this timely work considers the important issue of smart instrument mixes, going beyond instrument choice to examine how they can work in harmony together. Astute and engaging, this book is a vital companion for students and scholars in environmental law, economics and sustainability. Its practical approach also renders it an excellent guide for policy makers and those involved in fiscal reform and green market transition.Contributors include: M. Alsina Pujols, B. Bahn-Walkowiak, P. Castro, M. Distelkamp, N. Droste, E. Fonseca Capdevila, C. Fruhmann, S. Giorgi, A. Großmann, M. Hasenheit, A. Illes, T. Kawakatsu, C. Kettner, M. Kettunen, D. Kletzan-Slamanig, N. Kreibich, L. Kreiser, V. Kulmer, A. Lerch, C. Lutz, M. Machingambi, M. Meyer, J.E. Milne, I. Ring, S. Rudolph, R. Santos, S. Seebauer, H. Sprohge, L.-A. Steenkamp, C. Stroia, I. Taranic, P. ten Brink, A. Tuerk, S. Van Outryve d'Ydewalle, R. Vasileios, M. Villar Ezcurra, H. Wang-Helmreich, H. Wilts, S. Wolff, G. Woltjer, M. Zahno

Intellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective. This Research Handbook is written in an accessible style that will appeal to intellectual property law scholars, practitioners and experts in the life sciences who are interested in the legal implications of IP for the life sciences.Contributors include: J. Allred, T. Avafia, C. Chiarolla, D. Degen, J.M. Golden, S. Gosh, M. Graf, J. Harrington, A. Heinemann, M.D. Janis, M. Kock, D. Matthews, C.R. McManis, A. Metzger, T. Minssen, C. Mund, P. Paranaguá, A. Plomer, S. Ragavan, M. Rimmer, C. Seitz, T. Takenaka, G. Van Overwalle, D. Wächter, G. Würtenberger, Z. Xinfeng, B. Yagi, B. Yao, H. Zech

This timely Handbook brings together a collection of innovative interdisciplinary approaches to explore the use of research methods in environmental law. With chapters on topics ranging from sustainability, climate change and activism to education, actor-network theory and non-human ontologies, this Handbook provides a theoretically informed analysis of methodological approaches to this important field. Taking into consideration issues such as non-human agency, the Anthropocene, and spatial and material turns in law this book builds on key concepts in the subject. The book also considers how environmental law must adapt to the new and urgent needs of a variety of bodies, both human and non-human, that require its protection. It argues that traditional ways of conceiving environmental law, and of accounting for problems brought about through anthropocentric means, have led to the reinstatement of the problem of environmental degradation without imagining different avenues to resolve it. This Handbook is a key addition to the existing literature and provides an invaluable contribution to practical critique and to the reimagining of environmental law. It will be a crucial compendium for graduate students and researchers in the field of environmental law wishing to explore critical approaches.Contributors include: R. Bartel, I. Braverman, V. Brooks, P. Burdon, E. Cloatre, L. Finchett-Maddock, J. Gillespie, A. Grear, J. Holder, A. Kotsakis, L. Kotze, B. Lange, D. Mandic, J. Martel, D. McGillivray, K. Morrow, E. Mussawir, U. Natarajan, M. Nikolic, Y. Otomo, J. Paterson, A. Pavoni, A. Philippopoulos-Mihalopoulos, I.-J. Sand, F. Venter, B. Woodard

Contingent valuation is a survey-based procedure that attempts to estimate how much households are willing to pay for specific programs that improve the environment or prevent environmental degradation. For decades, the method has been the center of debate regarding its reliability: does it really measure the value that people place on environmental changes? Bringing together leading voices in the field, this timely book tells a unified story about the interrelated features of contingent valuation and how those features affect its reliability. Through empirical analysis and review of past studies, the authors identify important deficiencies in the procedure, raising questions about the technique's continued use. Individual chapters investigate how respondents answer questions in contingent valuation surveys, with a particular focus on how the procedure's estimates change based on the costs that the researcher specifies, the payment mechanism, and the scope of the environmental improvement. Other issues covered include whether the survey respondents make trade-offs between the program costs and benefits; and whether corrections can be applied to account for any misunderstanding of the questions by respondents and for the hypothetical nature of the survey. This book will appeal to environmental economists and students in environmental and resource economics. Government staff at environmental agencies and survey researchers will benefit from the close analysis of previous applications.Contributors include: J. Burrows, H.M. Chan, L. Daniel, W. Desvousges, P. Dixon, H.Foster, J. Genser, B. Israel, M. Kemp, E. Leamer, J. Lustig, D. McFadden, D. MacNair, J. Martin, K. Mathews, K. Myers, R. Newman, G. Parsons, J. Plewes, J. Schneider, K. Smith Fayne, T. Tomasi, K. Train

Can waste become a profitable business rather than a costly problem, creating green business opportunities and green jobs while protecting the environment? Might this reduce illegal trade and improper recycling of hazardous wastes by making the legitimate alternatives more attractive? Addressing these questions, this book examines environmentally sound waste management as a driver in the transition to a Green Economy, and discusses how this transition is challenged by technical limitations, weak regulatory environments and lack of financial incentives.This in-depth analysis of the link between waste management and a Green Economy identifies key elements of a solid overarching legal and policy framework that could address these challenges, noting that consistent implementation and enforcement is crucial. It complements its examination of the legal and policy issues with contributions on technical and economic aspects, taking into account the interdisciplinary nature of the problem, and offers a perspective from Asia, where the challenges of waste management as well as the possible opportunities are particularly significant.With interdisciplinary authorship and contributions drawn from academia and practice, this book will be a timely resource for academics and practitioners in the areas of law, policy and economics. It will also provide insights for civil servants engaged in waste policy and related areas, private sector operators engaged in waste management and sustainable development, and non-governmental organizations engaged in environmental protection and poverty reduction efforts.Contributors include: J. Baumgartner, M. Grosz, T. Hardman Reis, K. Kummer Peiry, J. Li, J. North, P. Portas, R. Rayfuse, M. Schluep, X. Sun, J. Voïnov Kohler, V. Weick, B. Zhu, A. Ziegler

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance.... the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.'- David Grinlinton, Journal of Energy & Natural Resources LawThis timely book makes an original and in-depth 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 to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance.Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotzé, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.

Governments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation.As well as taking stock of the current and proposed legal instruments, the book looks at the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. With perspectives from academia, government and private practice, the expert contributors analyse key sectors such as energy, transport, buildings, industry, land use and waste. Important issues such as carbon trading, financing and litigation are also addressed. The book demonstrates the variety of approaches taken and their challenges with a view of fostering more effective and pragmatic ways of managing climate change mitigation.This timely book will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed.Contributors: M. Alessi, J. Allmon, H. Van Asselt, D. Belis, L. Berzanskis, S. Bogojevic, D. Conway, C. Egenhofer, J.B. Eisen, B. Evans, N. Fujiwara, M.B. Gerrard, K. Hussey, M. Iguchi, S. Kakade, C.K. Siebert, E. Knight, A. Korppoo, J. Li, J. Lin, H. Masondo, M. Mehling, K. Hannon Michel, A. Monroe, H. Nakamura, J. Núñez Ferrer, A.S. Olesen, U. Outka, S.-L. Penttinen, F. Rambau, L. Reins, L. Ristino, A. Rohatgi, R. Seroa da Motta, I. Skinner, N. Srivastava, K. Talus, T.S.A. Loi, C.Tung, K. Upston-Hooper, G. Van Calster, W. Vandenberghe, S. Wattiaux, P. Wehrheim, J. Wettestad, A. Yamamoto, E. Yliheljo, N. Bin Zahur

This meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.Governments around the world have been investigating techniques to reduce greenhouse gas emissions for decades. This detailed Research Handbook considers the spectrum of legal and market-based instruments, as well as strategies and policies adopted around the world, to propose more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book investigates the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. Important issues such as carbon trading, financing and litigation are also addressed.This timely Research Handbook will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed.

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

Professors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.'- Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.'- Philippe Sands, University College London, UKBringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotzé, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Thériault, F. Venter

Regional legal action to environmental problems has become increasingly important for national and international approaches. This important new study provides profound discussions of the state of affairs of regional approaches across the world and points at many remaining challenges regarding not only regulatory approaches, particularly in the field of transboundary waters and climate change, but also human rights instruments. It should be required reading by all interested in the further development of environmental law from a sustainable development perspective.'- Marjan Peeters, University of Maastricht, the NetherlandsThis perceptive work presents a unique comparative legal analysis, ascertaining how regional environmental law can contribute to the prevailing pursuit of global sustainable development. The book provides an introduction to and analysis of the environmental law adhered to by each regional organization in an accessible and discerning discussion.Regional Environmental Law analyzes the manner in which four distinct regional organizations the European Union (EU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN) and the African Union (AU) facilitate cooperation concerning regional environmental law in order to promote sustainable development. The fundamental environmental issues that require regional cooperation are considered: human rights and the environment, climate change and shared watercourses. Leading scholars critically analyze how states may pool sovereignty, pursuant to finding solutions to these salient environmental problems. The book puts forward conclusive thoughts about how to work towards the sustainable development agenda through both specific regional action and collaborative efforts.Researchers and students interested in international and environmental law will benefit from the comparative analysis of the respective regional organisations and their contribution to the sustainable development commitment. Practitioners and policy makers will find practical insight from the conclusions drawn.Contributors: M. Barnard, L. Bhullar, B. Boer, J.T. Calasans, J. de Cendra de Larragán, C.S. de Windt, B. Garcia, K. Kheng-Lian, L. Krämer, W.D. Lubbe, O. McIntyre, A. Meijknecht, M.A. Orellana, D.M. Pallangyo, W. Scholtz, H. Strydom, J. Verschuuren

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future.Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others.The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E. Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H. Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J. Rosenbloom, E. Ryan, J.A. Wentz, H. Wiseman

The precise circumstances in which a governmental measure amounts to an indirect expropriation requiring compensation remains one of the most controversial and important questions of contemporary international investment law. This work provides a comprehensive assessment of how international law has responded to this problem, taking into account the jurisprudence from a range of international courts and tribunals. It provides a helpful oversight of how the law in this area has developed and where it may be heading in the future.'- James Harrison, University of Edinburgh Law School, UKWhen does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.Sebastián López Escarcena offers a comprehensive coverage of the history and main concepts of the international law of expropriation. The interaction between human rights conventions and investment treaties are analysed from a global perspective, providing the reader with a unique insight into expropriation at an international level. Within the course of his examination, the author illuminates important concepts of public law, from deprivation of property to payment of compensation, and from margin of appreciation to proportionality.In examining in detail the case law of different international tribunals, this shrewd book formulates some insightful answers to the threshold question, and will be of great interest to decision-makers in investment treaty arbitrations, to legal practitioners, state officers and scholars in international investment law and international human rights law, and to anyone dealing with international and comparative law in general.Contents: 1. Introduction 2. From Compensation to Indirect Takings 3. Expropriation in Human Rights Law 4. The Approach of the Iran-US Claims Tribunal 5. Bilateral Treaties and International Awards 6. Takings in Multilateral Treaties 7. The Applicable Standard 8. Conclusion Bibliography

Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice s starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.'- J.B. Ruhl, Vanderbilt University Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. Yu

Professor Fisher's analysis reveals the rationality, or rather the lack of it, of current environmental decision-making. It also provides the evidence for an environmental grundnorm to guide legal reasoning. Without it, political and legal decision-makers will not be able to achieve ecologically sustainable development. A timely book on a hugely important issue.'- Klaus Bosselmann, University of Auckland, Australia'I am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher's latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that language is the point of commencement of legal reasoning, also in environmental law and governance. Importantly, language and legal argumentation and reasoning will play a determinative role in our efforts to achieve sustainability. The book's detailed account of the different forms of legal argumentation; the methodology of legal decision-making; and the connection between law, language and legal reasoning in international environmental law and governance, is an invaluable resource for scholars of legal hermeneutics, international lawyers generally, and specifically, for environmental lawyers.'BR>- Louis J. Kotzé, North West University, South AfricaLegal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law.The book considers how rules for environmental governance are designed to accommodate the various competing interests within each of the private and public sectors and also between the two sectors. The author then examines how decisions in particular cases reflect the sources of these rules together with their form, structure and language. He exposes the ways in which reliance upon an extensive range of legal reasoning processes are used to justify the particular decision by interpreting and applying these rules to the case in question.Much has been written about legal reasoning and about environmental law but relatively little about the relationship between the two. This book will strongly appeal to legal scholars for its analysis of intellectual processes, and to legal practitioners for its exposition of how decisions are made.Contents: Preface Part I: Reasoning in a Legal Context 1. Law, Language and Reasoning 2. Forms of Legal Argumentation 3. The Methodology of Legal Decision-making Part II: Legal Reasoning in International Environmental Law 4. Rules of Competence and Limitation: Territorial Resources 5. Rules of Limitation: Common Resources 6. Internationally Accepted Rules: The Normative Framework 7. Internationally Accepted Rules: Implementation Measures 8. Judicially Constructed Rules: Biological Resources 9. Judicially Constructed Rules: Common Resources Part III: Legal Reasoning in Applying Environmental Law 10. Rules in the Form of Human Rights 11. Rules in Instrumental Form 12. Rules in the Form of Constitutional Rights 13. Rules in the Form of Environmental Rights 14. The Structure, Form and Language of Statutory Rules 15. Rules Informing Adjudication 16. Strategic Rules Informing Decisions 17. Strategic Rules Regulating Decisions Part IV: Conclusion 18. Legal Reasoning in Environmental Law Bibliography Index

'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.'- Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith