David Freestone - Böcker

International Environmental Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of the environment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food and Agriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on Environmental Development held in Rio de Janeiro in 1992. The contributors bring new perspectives on sustainable development as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea, and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.

The long-awaited Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was finalized by the United Nations in 2023. This historic agreement impacts how States conduct activities in areas beyond national jurisdiction (the High Seas and Deep Seabed) while also promoting collaboration and coordination among various international organizations.This authoritative reference work brings together a range of international experts directly involved in the negotiations of the BBNJ Agreement to provide commentary and analysis. It offers a background to the development of the BBNJ Agreement, explores the negotiations that led to the final text, provides article-by-article commentary and analyzes the potential issues that States will need to navigate to ensure the Agreement is implemented successfully.As the threat of marine biodiversity loss becomes more pressing, this book will be invaluable to scholars, lawyers, government officials, and non-governmental organisations focused on implementing and interpreting the text of this complex agreement.

The first protocol to the UN Framework Convention on Climate Change (UNFCCC) was adopted in Kyoto in 1997 and entered into force in February 2005. It is a unique international law instrument which sets legally binding targets for the reduction of emissions of greenhouse gases which contribute to climate change. The targets are unprecedented in an environmental agreement and will involve substantial financial commitment in virtually all industrialized country parties to the protocol. The Kyoto Protocol is also the first international agreement to include economic instruments which are designed to involve private sector entities and assist parties to meet their targets. These economic instruments, known as the Kyoto or flexible mechanisms, are Joint Implementation (JI), the Clean Development Mechanism (CDM), and International Emissions Trading.The Kyoto Protocol defined these mechanisms but did not set out the details necessary for their operation. After protracted negotiations, detailed rules were finalized at the Seventh Session of the UNFCCC Conference of the Parties held in Marrakech in 2001. The Marrakech Accords run to almost 250 pages but still leave many important practical issues unaddressed. As the 2008-2012 commitment period of the Kyoto Protocol draws close more and more projects under CDM and JI are being developed to take advantage of the Kyoto mechanisms and the key issues and problems are now becoming more apparent.Drawing on the emerging body of expertise in this complex area, this book conveys a knowledge of what is becoming known as 'Carbon Finance'. It thereby aims to contribute to the development of the market for carbon emission reductions - one of the objectives of the Kyoto mechanisms.

It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous "package deal" that it represented addressed many of the problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidation of authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicate the potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which it operates.

Since 2005 the carbon market has grown to a value of nearly $100 billion per annum. This new book examines all the main legal and policy issues which are raised by emissions trading and carbon finance. It covers not only the Kyoto Flexibility Mechanisms but also the regional emission trading scheme in the EU and emerging schemes in the US, Australia, and New Zealand. The Parties to the 1992 UN Framework Convention are in the process of negotiating a successor regime to the 1997 Kyoto Protocol whose first commitment period ends in 2012. As scientists predict that the threat of dangerous climate change requires much more radical mitigation actions, the negotiations aim for a more comprehensive and wide ranging agreement which includes new players - such as the US - as well as taking account of new sources (including aircraft emissions) and new mechanisms such as the creation of incentives for reducing emissions from deforestation and forest degradation. This volume builds on the success of the editors' previous volume published by OUP in 2005: Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work, which remains the standard work of reference for legal practitioners and researchers on carbon finance and trading under the Kyoto Protocol.

The purpose of this guide is to facilitate the ratification or acceptance of the 1993 FAO Compliance Agreement and the 1995 UN Fish Stocks Agreement. It presents an outline of some of the most important provisions contained in the two agreements. The book also includes a "tool kit" of the various approaches used by some countries that have already enacted national legislation to meet the obligations and objectives set forth in these agreements.

At the time of the 1972 Stockholm UN Conference on the Human Environment, the concept of sustainable development and the subject of international environmental law were virtually unknown. Since then, the importance of the subject has burgeoned, as has the number and complexity of the legal instruments that seek to address the threats posed to the planet by humankind. Deforestation, marine pollution, climate change, loss of biodiversity and similar concerns are now familiar - and still unresolved - problems. This research review discusses a selection of key articles on the seminal issues of sustainable development and international environmental law, providing the reader with a solid understanding of the breadth and texture of the legal issues involved.

The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea. The book highlights some of the strengths of the legal regime established by the Convention, and reviews some of the more significant lacunae in the Convention regime. Recognizing the significant changes that have taken place in scientific knowledge and political agendas in the thirty years since 1982, it reviews the challenges that these new agendas pose to the Convention regime.

Since 2006 the United Nations General Assembly (UNGA) has been discussing the question of the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Following the issues raised by the Ad Hoc Working Group (2006 – 2015) and the Preparatory Commission (2016 – 2017) in 2017 the UNGA agreed to convene an intergovernmental conference to discuss these issues.Conserving Biodiversity in Areas beyond National Jurisdiction, edited by David Freestone, brings together a collection of essays covering some of the key issues involved in these debates. The essays are contributed by a number of distinguished scholars and practitioners – many of whom are involved in the UNGA negotiations – and are a useful reference for actors involved in the negotiations as well as for practitioners, scholars, and students following the process.

This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.