Bharat H. Desai – författare

The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

The present study seeks to examine the genesis, development, and proliferation of multilateral environmental agreements (MEAs) - in-built law-making mechanisms and processes of institutionalization - and their ad hoc treaty-based status and the issue of the legal personality of their secretariats. It provides legal understanding of the location of MEA secretariats within an existing international host institution, as well as discussion of the issue of relationship agreements and interpretation of the commonly used language that triggers such relationships. It places under scrutiny the standard MEA phrase 'providing a secretariat', delegation of authority by the host institution to the head of the convention secretariat, possible conflict areas, host country agreement, and the workings of the relationship agreements. The book offers an authoritative account of the growing phenomenon in which an existing international institution provides a servicing base for MEA that, in turn, triggers a chain of legal implications involving the secretariat, the host institution, and the host country.

On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972.This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes.The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).

With the Stockholm+50 Conference, held on 2-3 June 2022, the global movement to protect the environment has reached a 50 year milestone. The first UN Conference on the Human Environment, also held in Stockholm, from 5-16 June 1972, proved to be the watershed in addressing this problem, and as the world assembles once more in the Swedish capital it is time to think aloud and look ahead. In his address in 1972, the then Swedish Prime Minister Olof Palme said: “The decisive question is in which direction we will develop … there is no individual future, neither for people nor for nations.” The only other head of government to attend in 1972, Indian Prime Minister Indira Gandhi, highlighted the development as “one of the primary means of improving the environment of living, of providing food, water, sanitation and shelter, of making the deserts green and mountains habitable” and drew attention to the wisdom of the Atharva Veda: “What of thee I dig out; Let that quickly grow over; Let me not hit thy vitals or thy heart.""As we look back over 50 years, we need to assess what has gone wrong in the trajectory travelled so far and look ahead to the future of our environment at this juncture and beyond. As a scholarly journal for global decision-makers, Environmental Policy and Law has sought to envision what lies ahead in the 21st century by inviting outstanding scholarly works from around the world. The 22 articles which resulted from this invitation are presented in this book, Envisioning Our Environmental Future, which is organised in three parts: Testing Times; Global Ideas; and Sectoral Ideas. The book is a sequel to Our Earth Matters (IOS Press), which was published on 5 June 2021.Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law at the Centre for International Legal Studies, School of International Studies of Jawaharlal Nehru University, New Delhi. He is Editor-in-Chief of the global journals Environmental Policy and Law (Amsterdam: IOS Press) and Yearbook of International Environmental Law (Oxford: Oxford University Press). Prof. Desai’s ideas and proposals are reflected in his published books and in journals of international repute.

For some years now, growing scientific warnings have continued to strengthen the belief that an unprecedented global warming is underway, and that only an urgent system-wide transformation can avoid climate disaster. In his June 2, 2022 address to the Stockholm+50 Conference, the UN Secretary-General Antonio Guterres construed “climate emergency” as one of the key drivers of the “triple planetary crisis.” Despite this, the overriding impression left by COP27, held in Sharm el-Sheikh in November 2022, was of a divided institution, floundering and nowhere close to realizing its stated aim of “stabilizing greenhouse gas concentrations at a level that would prevent dangerous interference with the climate system”. While prognoses and projections set the stage for a climate change emergency, the legally ordained platform for institutionalized cooperation to deal with the problem seems always to be achieving too little too late.This book, Regulating Global Climate Change, presents articles from the special climate change issue of the journal Environmental Policy and Law (vol. 52 (5-6), 2022), published to mark the 30th year of the UNFCCC. The book provides a sequel to two previously published IOS Press books: Our Earth Matters (2021) and Envisioning Our Environmental Future (2022), and the contributions included here seek to make sense of the marathon climate-change regulatory process. The book is organized into 5 parts: climate normativity; regime at the crossroads; climate justice; factoring gender; and the Paris conundrum. Urging scholars and decision-makers to consider the approach, process, tools and techniques used to address the primary objective of the UNFCCC as well as strongly calling for a decisive new normative push from “common concern” to “planetary concern”, the book will be of interest to all those involved in the process of tackling, and dealing with the adverse effects of global climate change. Bharat H. Desai is Professor of International Law, Jawaharlal Nehru Chair in International Environmental Law and Chairperson of the Centre for International Legal Studies at School of International Studies of Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the global journal Environmental Policy and Law (Amsterdam: IOS Press).

This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives.Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030).In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land.This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.

This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives.Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030).In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land.This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.

This curated book addresses, in the scholarly realm, the problems of soil degradation and provides some practical solutions for them to save soil life. It comprises ten specially invited chapters that address the global soil framework, soil challenges in India, existing policy, law and institutional framework as well as other perspectives.Soil is our biological capital. The soil health is critical for survival of the humans (and other life forms) since almost 95% of our food comes from it. It also has significant potential as a sink for carbon through sequestering. Excessive and inappropriate land use leads to various forms of land degradation that becomes contributing factor for hunger, migration and even wars. There are several multilateral environmental agreements (MEAs) including UN Convention to Combat Desertification (UNCCD) that hold relevance for addressing the global soil problematique. The UNCCD Strategic Framework (2018-2030) has declared desertification/land degradation and drought (DLDD) as “challenges of a global dimension”. As a result, sustainable soil management (SSM) has emerged as an important goal for attaining Sustainable Development Goals 2030 (SDGs 2030).In the backdrop of these globally ordained processes, India appears to be seriously pursuing the Land Degradation Neutrality (LDN) target within the framework of the UNCCD. As a corollary, India has set an ambitious goal of halting any further land degradation by 2030 and rehabilitate at least 30 million hectares of degraded wasteland, forest land and agricultural land.This ideational effort by eminent legal scholars, soil scientists and practitioners aim to promote concerted teaching and research in the field of soil law and governance in the University Faculties of Law, National Law Schools, Institutions of Eminence and other legal and scientific bodies. The ‘seeds sown’ in the soil of knowledge through this effort will, hopefully, provide an impetus for more in-depth research concerning soil law and governance in India and beyond.

International Environmental Governance: Towards UNEPO offers a significant contribution to practitioners and scholars involved in international debates regarding environmental governance. Clarifying the insufficiency of the 1972 UN General Assembly’s model of a small UN Environment Programme in helping nations stem the accumulating degradation of the environment across the globe, the work poses the remaining question: how should international environmental governance be accomplished? The volume is timely in its examination of the post-Rio+20 period, and furthermore addresses the vital issue of the evolution of UNEP into a ‘specialized agency’ designated the UN Environment Protection Organization (UNEPO), a ‘new mandate’ to revive the UN Trusteeship Council to supervise environment and the commons, as well as law-making and institution-building processes as reflected in multilateral environmental agreements (MEAs) and other multilateral forms. International Environmental Governance: Towards UNEPO addresses the law-making challenge presented by growth in MEAs and proliferation of international environmental institutions, with a thorough consideration of the debate regarding the need for and efficacy of global governance in the field of environment. Dr. Desai’s timely analysis will assist diplomats, lawyers and scholars, citizens and civil servants alike in finding the new roads forward.

This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors.The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).

This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors.The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).

Dieses Buch behandelt sexuelle und geschlechtsspezifische Gewalt (SGBV) gegen Frauen aus völkerrechtlicher Sicht. Es zeigt die Gründe für SGBV gegen Frauen auf, wobei der Schwerpunkt auf kulturellen Praktiken liegt, mit denen versucht wird, sie zu rechtfertigen, und verdeutlicht die rechtlichen Herausforderungen im Zusammenhang mit dem Thema sowohl für nationale als auch internationale Justizsysteme. Die sieben Kapitel des Buches sind: i) Einleitung ii) SGBV ein globales Problem; iii) Internationaler Rechtsschutz; iv) Rolle der internationalen Institutionen; v) Rolle kultureller Faktoren und vi) Herausforderungen vii) Schlussfolgerungen. Vor dem Hintergrund konzertierter globaler Bemühungen, SGBV gegen Frauen zu beenden oder zumindest stark einzudämmen, bietet das Buch einen Fahrplan für das System der Vereinten Nationen, Staaten, internationale Institutionen, multidisziplinäre Wissenschaftler, Organisationen der Zivilgesellschaft und andere globale Akteure.Das Buch enthält ein Vorwort von Peter Maurer, Präsident des Internationalen Komitees vom Roten Kreuz (IKRK).