New Horizons in Environmental and Energy Law series – serie

This unique and up-to-date book analyzes the functioning of the European Emissions Trading Scheme (ETS) and assesses the extent to which relevant legislation has affected its capacity to promote cost-effective reduction of European carbon emissions. The author investigates whether inefficiency has been caused by both the ETS cap setting procedure and by the ETS relevant allocation rule, as defined by the Directive 2003/87/EC. He then considers whether the new Directive 2009/29/EC, which reforms the ETS institutional design, is likely to improve the scheme's effectiveness by reducing the risk of carbon leakage -which could potentially be induced by implementing a unilateral policy across the asymmetric political landscape of Europe.This well-documented book will appeal to researchers and postgraduate students in environmental law and environmental economics, as well as policy makers within environment, industry and economics, and electric and industrial operators and stakeholders. Environmental NGOs, energy and environmental consulting groups, members of the European Commission, and energy and environmental think-tanks will also find much to interest them in this insightful book.Contents: 1. Introduction; 2. Climate Change and the Kyoto Protocol: An Overview; 3. Toward a Cap and Trade Scheme Solution: Economic and Legal Instruments to Address the Problem of Externality; 4. Legal and Economic Aspects of the European Emissions Trading Scheme; 5. Analysis of the EU ETS Effectiveness: Assessing the Stringency of the ETS Cap; 6. Analysis of the Allocation Rules: Do Polluters Pay under Grandfathering?; 7. ETS Reform and Carbon Leakage: Assessing the Inconsistencies of the New ETS Directive; 8. Summary and Conclusions; References

This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements.In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favor private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain.This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy - providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.

This timely book discusses various international norms that qualify the right, which all states have, to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species.It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply 'interpreted away' but require the further development of international law in order to be resolved.

Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with a key instrument of international environmental governance. The author examines the role of compliance mechanisms in EU environmental action, from establishing these treaty-based mechanisms within EU legal boundaries, to utilising non-compliance decisions at EU level. The book concludes with an evaluation of the extent to which EU law enables the EU to preserve, protect, and improve the global environment with the aid of compliance mechanisms, as required by its own Treaties. Multilateral Compliance Mechanisms in EU Environmental Law will be an essential resource for scholars in environmental law, European law, international relations, and public international law. It will also be beneficial for EU officials and policymakers, and environmental advocates and campaigners.

This book provides a timely analysis of the limitations of existing international legal frameworks for solving the problem of marine litter. Ho Jeong Dan expertly examines international law principles related to allocating responsibility for marine litter and proposes a plan to combat the issue effectively.Dan asserts that a significant hurdle towards managing the issue of marine litter is that of defining responsibility. The book highlights the complexity of attributing responsibility for marine litter due to its mobile and transboundary nature, emphasising the importance of international cooperation. Dan explores both theoretical and practical dimensions of the issue and draws on this analysis to inform possible solutions. Overall, the book sets forth how new legally binding international treaties could be drafted, in order to directly regulate marine litter and safeguard marine ecosystems and human well-being on an international scale.Environmental Damage Caused by Marine Litter is a fundamental resource for researchers, academics and students of environmental law, maritime law, ocean law and public international law. Policymakers, legal practitioners, NGOs and governing bodies will also benefit from the book’s practical recommendations.

This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy - providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.

The complex and multifaceted nature of EU climate legislation poses a major challenge for EU Member States. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).The book seeks to answer such questions as: what kind of legislative approaches should be developed to comply with EU climate law? What room for national discretion should remain? What opportunities exist to go beyond EU ambitions? In addition, distinguished authors analyze national regulatory developments across selected Member States, identifying potential areas for review and improvement. The book offers further discussion and legal analysis of core themes such as: long-term target setting; contrasting legislative approaches; instrument mixes; and key linkages between environmental and energy law.In light of the challenges confronting national legislators, this book offers important insights into the role and contribution of law towards improved climate protection, with potential lessons for countries both within and outside the EU. With this in mind, Climate Law in EU Member States will be a valuable read for policymakers and civil servants at national ministries and at the European Commission, carbon consultants and environmental non-governmental organizations, as well as for academics in and outside the EU.Contributors: E. Bergsma, J. de Cendra de Larragán, K. de Graaf, J. Gupta, N. Hervé-Fournereau, M. Holwerda, G. Kaminskaite-Salters, L. Karski, A. Langlais, T. Parejo Navajas, M. Peeters, B. Pozzo, C. Reid, T. Schomerus, L. Squintani, M. Stallworthy, N. van der Grijp, S. Weishaar

This 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

Comparative Ocean Governance examines the world's attempts to improve ocean governance through place-based management - marine protected areas, ocean zoning, marine spatial planning - and evaluates this growing trend in light of the advent of climate change and its impacts on the seas. This monograph opens with an explanation of the economics of the oceans and their value to the global environment and the earth's population, the long-term stressors that have impacted oceans, and the new threats to ocean sustainability that climate change poses. It then examines the international framework for ocean management and coastal nations' increasing adoption of place-based governance regimes. The final section explores how these place-based management regimes intersect with climate change adaptation efforts, either accidentally or intentionally. It then offers suggestions for making place-based marine management even more flexible and responsive for the future. Environmental law scholars, legislators and policy makers, marine scientists, and all those concerned for the welfare of the world's oceans will find this book of great value.

Emissions trading is becoming an increasingly popular policy instrument with growing diversity in design. This book examines emissions trading design, emissions trading implementation problems and how to address them.In an easily accessible way, the book examines advantages and disadvantages of emissions trading and presents policy considerations that designers should not neglect. Stefan Weishaar reviews the main implementation challenges emissions trading faces and assesses how they can be addressed in an effective, efficient and acceptable way. By reviewing existing and emerging emissions trading systems around the world, the book describes why emissions trading systems are used in an environmental policy mix, how an emissions trading system can be designed, what special design issues should be duly considered, and with whom emissions trading systems can be linked.Written from both a legal and an economic perspective, this book will appeal to academic researchers and postgraduate students in environmental law and policy, and those focused on energy and climate change issues. It will also be essential reading for policymakers, managers and consultants working in this field.

This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focusing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments.Based on thorough investigations of several environmental domains - particularly water law, air quality law, industrial emissions law and climate and energy law - it presents the current state of EU environmental regulatory approaches and suggests potential ways for improvement. It pays close attention to the consequences of EU legislative choices for Member States and balances the need for clear environmental legislation providing enforceable substantive rights to citizens against the wish to leave discretion to Member States.This timely book provides a critical review of the complexity and inherent flexibility of EU environmental law. It will have great appeal to environmental law scholars, political scientists, environmental policy and law consultants and to Governmental officers both in the EU and Member States.Contributors: B. Beijen, M. Bogaart, F. Groothuijse, S. van Holten, A. Keessen, J. van Kempen, F. Oosterhuis, M. Peeters, M. van Rijswick, R. Uylenburg, E. Vogelezang-Stoute

This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges.Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene.Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. Wright

Countries around the world are increasingly looking to liquefied natural gas (LNG) - natural gas that has been cooled until it forms a transportable liquid - to meet growing energy demand. Energy for the 21st Century provides critical insights into the opportunities and challenges LNG faces, including its potential role in a carbon-constrained world.This comprehensive study covers topics such as the LNG value chain, the historical background and evolution of global LNG markets, trading and contracts, and an analysis of the various legal, policy, safety and environmental issues pertaining to this important fuel. Additionally, the author discusses emerging issues and technologies that may impact global LNG markets, such as the development of shale gas, the prospects of North American LNG exports, the potential role of the Gas Exporting Countries Forum and floating LNG. The author contextualizes the discussion about the importance of LNG with an analysis of why the 21st century will be the 'golden age' of natural gas.Accessible and non-technical in nature, this timely book will serve as an essential reference for practitioners, scholars and anyone else interested in 21st century energy solutions.Contents:PrefaceIntroduction1. The Role of Natural Gas and LNG in the 21st Century2. The LNG Value Chain 3. The Evolution of LNG Markets and Primary Demand Regions 4. Global LNG Supply 5. Global LNG Demand and Emerging Demand Markets 6. The Globalization of LNG: The Evolution of LNG Trade, Pricing and Contracts 7. Safety and Environmental Sustainability of LNG8. Global LNG Mega Projects and Players Qatar and Australia 9. New Players and Projects Russia, Peru, Yemen, and Papua New Guinea 10. The Role of Shale Gas in the Golden Age of Gas 11. The Impact of Shale Gas on Global Gas Markets and the Prospects for US and Canadian LNG Exports 12. Emerging Issues in the LNG Industry Conclusion: The Future Looks Bright for LNG as a Fuel for the 21st Century Index

The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, biodiversity and international trade), this book provides novel and timely insights into the various consequences of regime interactions. It also offers a critical discussion of the potential for legal techniques and institutional coordination to foster synergies and mitigate conflicts between regimes in the area of climate change.Providing an in-depth examination of institutional fragmentation and regime interactions in global climate change governance, this unique book links the literature on institutional interactions and interplay management to the discussions on the fragmentation of international law. It contains the first comparison of different types of interactions and interaction management in the issue area of climate change, and addresses the important role of non-state actors.This volume will be of great value to students and scholars of global governance and international law.

This timely book examines the role played by regional authorities in the EU in the transition towards renewable energy. Regional governments generally have important decision-making powers concerning energy transition, but they may encounter resistance to the establishment of renewable energy activities in their communities.Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the energy transition path. Specific attention is paid to support mechanisms, administrative procedures for authorizing renewable energy projects, including the relevance of procedural rights as set out in the Aarhus Convention, and opportunities for allowing citizens, particularly citizens living near renewable energy projects, participate financially in renewable energy production. Based on experiences in several Member States (Germany, Italy, Spain, Sweden and the Netherlands) improvements to the content and application of the law are discussed. The book shows the complexities of renewable energy law, which will most likely become a controversial field of law in the near future.Providing a much-needed contribution to the literature, this is the first book to map legal questions around renewable energy from the perspective of local governments. It will have great appeal to scholars across both law and social sciences, as well as to practitioners in governments, NGOs and law firms.Contributors: B. Egelund Olsen, S. Fanetti, S. Gaines, K. De Graaf, I. Del Guayo Castiella, L. Holstenkamp, H. Kahl, C. Maly, A. Marseille, M. Meister, G. Michanek, M. Peeters, B. Pozzo, T. Schomerus, H. Thomas

In the face of the failure of the traditional 'command and control' model of environmental regulation to curb the devastating losses of biodiversity around the world, policymakers are increasingly seeking new approaches to deal with this complex interdisciplinary issue. The Privatisation of Biodiversity? provides a timely contribution to this debate by exploring the legal aspects and the scope to strengthen conservation through these reforms. Colin Reid and Walters Nsoh draw on literature well beyond legal sources, particularly from ecology, environmental economics, and philosophy to reach a number of pragmatic conclusions on the issues discussed. The new approaches explored include payment for ecosystem services, biodiversity offsetting and conservation covenants, as well as taxation and impact fees. Such mechanisms introduce elements of a market approach as well as private sector initiative and resources. This book considers both the practical and ethical aspects of the regulatory choices available to identify the potential and limitations of an increasingly market-based regime. Bringing clarity and coherence to a complex issue, this book will act as a useful tool for environmental and public law scholars as well as other academics in a range of fields interested in biodiversity conservation. It will also provide valuable insight for policymakers, legal practitioners involved in planning, environmental and agricultural matters, public bodies with responsibility for conservation, landowners, managers and developers, individuals and NGOs dedicated to biodiversity, and students of nature conservation interested in exploring new mechanisms for achieving their objectives.

The rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability?In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably.Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public.Contributors: D.A. Brown, T. Daya-Winterbottom, J. Glazewski, B.D. Goldstein, P. Ko, B. Kolb, K.T. Kristl, J.A. 'Skip' Laitner, J. McElfish, J. Morgan, J.H. Quigley, P. Salkin, D.B. Spence, D. Stares, J. Ubinger, Jr., J. Williamson

Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.Presenting a general theory of how and why networking can increase the effectiveness of environmental enforcement, expert contributors ascertain the potential benefits of environmental enforcement networks. Specific criteria and benchmarks are provided, indicating under which circumstances networking may increase the competency of environmental enforcement. The book explores theoretical and empirical discussions of the benefits of networks, offering a discerning assessment of enforcement networks' influence on environmental protection. It also examines issue based examples of networks, such as networks dealing with transboundary waste or wildlife. In addition to this, environmental enforcement in particular areas, such as the US, Europe, Australia or Africa, is considered.Academics in environmental law and policy will benefit from this thorough overview of an important phenomenon. In addition, practitioners and policy makers will appreciate the valuable insights presented.Contributors include: M. Angelov, B. Araba Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T. Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W. Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G. Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L. Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P. Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C. Pérez, G. Pink, H. Qin, H. Ruessink, Z. Sava an, A. Stas, G.M. Vagliasindi, E. Van Asch, J. Yang, D. Zaelke

The predicament of uncontrolled growth in a finite world puts the global commons - such as oceans, atmosphere, and biosphere - at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the jurisprudence of international law has matured to a point that makes global governance beyond state-negotiated compromises both possible and desirable. This book makes an ambitious, yet well-researched and convincing, case for trusteeship governance.Earth Governance shows how the United Nations, together with states, can draw from their own traditions to develop new, effective regimes of environmental trusteeship. Klaus Bosselmann argues that the integrity of the earth's ecological system depends on institutional reform, and that only an ethic of stewardship and trusteeship will create the institutions, laws and policies powerful enough to reclaim and protect the global commons.This comprehensive exploration of environmental governance will appeal to scholars and students of environmental law, and international law and relations, as well as to UN and government officials and policymakers.

From human waste to nuclear waste, the question of how we must manage what we no longer want, in terms of either recycling or disposal, is one of the most pressing issues in environmental law. Alexander Gillespie addresses the gaps in previous literature by incorporating economics, philosophy and the ideal of sustainable development in order to provide context to the surrounding legal and policy considerations for the management of waste.The book's premise is that all forms of waste are expanding exponentially, and are often of a hazardous nature. The author examines the size of the problem, considers how it is evolving, and assesses the legal and political implications. He then shows that existing solutions to reducing consumption and recycling are limited, and concludes by discussing potential ways forward.Students and scholars with an interest in environmental law at the national, regional and international level will find this book to be of use. The book will also be of interest to practitioners looking to solve the issues surrounding waste and recycling.

With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a comprehensive guide to the complex regulatory seascape. Split into three distinct parts, the expert contributors first review the international legal dimensions, including chapters on the law of the sea, trade, and access and benefit sharing for aquatic genetic resources. Part two discusses how the EU and regional bodies, such as the North Atlantic Salmon Conservation Organization (NASCO), have addressed aquaculture development and management whilst the final part contains twelve national case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice. These case studies focus on implementation approaches and challenges, in particular emphasizing ongoing national struggles in attaining effective aquaculture zoning and marine spatial planning.Students and scholars of environmental law and politics will find this contemporary volume an invaluable addition to the limited academic literature critiquing aquaculture law and policy. Policy makers, international bodies and NGOs will also find its insights particularly informative when ensuring sustainable aquaculture regulation and development.Contributors include: N.l Bankes, J.L. Batongbacal, P. Carrol, lI. Dahl, M. Doell, C. Engler, J. Fuentes Olmos, J. Glazewski, M. Haward, F. Humphries, A. Jóhannsdóttir, H. Liu, R. Long, I.E. Myklebust, A. Powers, T.G. Puthucherril, P. Saunders, K.N. Scott, A.-M. Slater, D.L. VanderZwaag, E. Whitsitt

'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.'- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.'- Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov‘This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.’– Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.’– Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.’ – Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.’– Alan Randall, The Ohio State University, US and University of Sydney, Australia‘There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.’– Darryl Jarvis, Hong Kong Institute of Education‘Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.’– Tsai-yu Lin, National Taiwan University‘Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.'– Chinese Journal of Environmental Lawers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations.Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. Turrini

'This book can be a guide for regulators as they make decisions about issues such as affordability and access to special programs that may have been deprived of the attention they merit in the past.'- Ashley Brown, Harvard University, USEnergy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems. Among the first edited volumes to focus wholly on the emerging field of energy justice, this book takes a multidisciplinary approach that examines energy law and policy through the lens of environmental justice, climate justice, indigenous rights, human rights, and energy democracy. Contributions from prominent scholars and practitioners demonstrate how energy justice frameworks can be applied in theory and practice.With a foreword by Dr Robert Bullard, Energy Justice is a critical resource for: law students and professors; researchers, students and faculty of graduate and undergraduate courses in the area of energy and the environment; and advocates and policymakers in the area of energy and the environment.Contributors include: S.H. Baker, A. Brown, R. Bullard, R. Colton, M. Dworkin, S. Foster, C.G. Gonzalez, E.A. Kronk Warner, D.S. Olawuyi, O. Outka, R. Salter, C. Sandoval, D.N. Scott, A.A. Smith, P. Sheppard, E. Stein, J. Wolfley

Petroleum Resource Management offers a thought-provoking examination of how countries manage their offshore petroleum resources by comparing the different approaches to licensing and regulation taken by Australia, Norway and the UK.Based on extensive research into their policies, licensing systems and resource management regulations, including interviews with government regulators and companies, John Chandler explores how these countries all face similar challenges as their offshore petroleum basins mature, including smaller discoveries, marginal production and ageing infrastructure. Identifying further challenges such as climate change and the increasing accountability in relation to sustainability and social issues, Chandler analyses how their petroleum policy, systems of regulation and regulators developed up to the present, and how they are responding to these challenges, as well as how they deal with exploration, development, infrastructure sharing and production.This timely and informative book will be essential reading for those in petroleum policy and governance, including petroleum lawyers, government officials, regulators and analysts. Academics and students on courses relating to petroleum regulation and the governance of resources will also benefit from this engaging book.

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.

This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument.This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.

This book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.

Paying the Carbon Price analyzes the practice of freely allocating permits in Emissions Trading Schemes (ETSs) and demonstrates how many heavy polluters participating in ETSs are not yet paying the full price of carbon. This innovative book provides a framework to assist policymakers in the design of transitional assistance measures that are both legally robust and will support the effectiveness of the ETSs whilst limiting negative impacts on international trade.Within the realm of international and comparative law, this book closes the gap between the legal frameworks of ETSs in practice, the economic research data and the doctrinal analysis of WTO law. These interesting insights and fresh ideas explore the connection between ETSs, the problems with free allocation of emission permits and the analysis of complex legal instruments.This accessible resource will be invaluable for those researching and teaching climate change law and policy, international trade law and environmental economics. It will also be a useful tool for policymakers, lawyers and economists.