Research Handbooks in Environmental Law series – serie

This authoritative Research Handbook presents, for the first time, a comprehensive overview of the salient content and major developments in environmental law in transitional China. Through this rigorous examination, it gives a unique insight into the implementation problems and reform needs of environmental governance in China.This timely book explores the core concepts, basic mechanisms and key challenges of Chinese environmental law, extending the frontier of understanding in this fundamental area. Combining theory and practice, the expert contributors provide an introduction to and comments on relevant environmental laws and regulations and their latest developments. The Research Handbook builds upon previous knowledge of Chinese environmental law, divulging concerns on redressing environmental protection issues in the context of economic growth and sustainable development. Readers will gain a discerning insight into the nuances of environmental regulation in China from this extensive review.This necessary exploration of Chinese environmental law will be an indispensible reference point for academics and advanced students of environmental studies in general, and environmental law in particular. Practitioners will find the work both informative and important.Contributors: H. Chang, S. Chen, X. Jiang, N. Liu, T. Qin, S. Ren, X. Tou, H. Wang, W. Yu, J. Zhang, S. Zhang, X. Zhao, C. Zhou

This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform.Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.

This Research Handbook thoroughly examines the difficult and rapidly expanding problem of national, transnational, and international environmental crimes, including air and water pollution, unlawful mining and timber harvesting, and trafficking of endangered species. It provides an understanding of cutting-edge empirical and theoretical research on these crimes and their legal prosecution.Pre-eminent experts in the field meticulously examine the relevant criminal law and environmental law and its enforcement in a range of regions across Africa, Asia, Europe, and North and South America. They consider the significant obstacles to effective prosecution including government corruption, inadequate resources, and governance failures. Ultimately, the cross-disciplinary chapters build upon current research to present unique insights and raise important questions about the past, present, and future of green criminology.This timely Research Handbook is a crucial reference point for students and scholars of environmental law, criminology, and criminal justice. It also appeals to those interested in sustainability, environmental harms and crimes, and corporate behaviour.

The crucial importance of biodiversity law to future human welfare is only now being fully appreciated. This wide-ranging handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the vital subject of biodiversity and its interaction with law.Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. More specifically, the work addresses the regulatory challenges posed by the principal contemporary threats to biological diversity, the applicable general principles of international environmental law and the visions, values and voices that are shaping the development of the law. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions.This comprehensive and authoritative handbook will be an indispensable resource for legal scholars, students and practitioners alike. Contributors include: K. Bastmeijer, M. Bowman, R. Caddell, E. Cloatre, P. Davies, M. Fitzmaurice, M. Fosci, D. French, E.J. Goodwin, K. Hulme, E.A. Kirk, V. Koester, N. Mohammed, R. Rayfuse, K.N. Scott, A. Trouwborst, T. West

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 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

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat

Over recent decades, there have been pivotal changes in the management and protection of water resources as human rights, environmental and water law have all turned towards the conservation of freshwater. This astute Research Handbook analyses the interactions and interplay between law and other fields, bringing together interdisciplinary contributors, from both academic and practitioner background, to establish the extent to which law is being informed by other fields.Providing expert advice from disciplines ranging from law and political science to geography and hydrogeology, this Research Handbook critically examines the impact on freshwater law on various disciplines. Offering concrete illustrations of the relationships between environmental sciences and law, and combining legal research with theories of international relations, political science, and environmental sciences, the Research Handbook on Freshwater Law and International Relations provides an original methodology to examine the challenge of freshwater management and protection.The insights provided by this Research Handbook will be invaluable to law and political science researchers with an interest freshwater law and international relations, as well as advanced students of environmental sciences and practitioners and decision makers in freshwater management and protection.Contributors include: D. Azaria, A. Aureli, M. Beniston, L. Boisson de Chazournes, T. Bolognesi, C. Bréthaut, L. Caflisch, A. Correia Lima Macedo Franca, A. Dumont, E. Dupuits, E. Fiechter-Widemann, S. Hawkins, S. Kpenou, Z.W. Kundzewicz, C. Leb, L. Maertens, R. Martin-Nagle, M.M. Mbengue, S. McCaffrey, O. McIntyre, M. Milano, N. Odili, G. Pflieger, S.M.A. Salman, E. Reynard, A. Rivera, M. Stoffel, A. Tanzi, M. Tignino, L. Turley, B. Zerhdoud

This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future.The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment.Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. Wright

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.

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.

This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.

This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.The expert contributors investigate the current and potential role of law in relation to the complex task and regulatory challenges of governing the Earth system. They explore three thematic areas: the overarching legal, ethical and governance dimensions of the planetary boundaries; their diverse international law dimensions and the challenges they raise for international law; and the extent to which the law already provides for some of the aspects illuminated by each planetary boundary, alongside opportunities for legal reform.Lawyers, Earth system scientists and governance experts will benefit from the mapping of the next stage of international environmental law included in the chapters. The book will also be a key resource for regulators, legislators and policy-makers looking for an in-depth study of the relationship between law and each of the nine planetary boundaries.

This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources. Chapters examine the role of international legal obligations on fair and equitable benefit-sharing in environmental protection, the contribution of the UN and other international institutions to environmental peacebuilding, and the nexus between access to environmental services and peacebuilding efforts. The compelling conclusion explores contemporary approaches for improving the inclusivity of environmental peacebuilding, considering the role of gender and indigenous peoples’ perspectives. The Research Handbook on International Law and Environmental Peacebuilding will be crucial reading for students and scholars in environmental law, environmental politics and policy, peace and security studies and public international law. Its comprehensive treatment will also be beneficial to policymakers in international environmental and peacebuilding organizations.

This wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment.Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South. It contributes to an important reassessment of some of the major concepts underlying environmental law, from a perspective that emphasises how their application affects poor and marginalised people as well as the wider ecosystems in which they live.Through legal analysis of environmental issues themselves, rather than the often limited discussion of existing legal instruments, this Research Handbook discusses areas rarely prioritised in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources. Featuring contributors largely from, or working in, the global South with a variety of approaches and backgrounds, the Research Handbook challenges familiar narratives around development and sustainability in this context and provides new insights into environmental rights and justice.Researchers and postgraduate students will find this Research Handbook's unique perspective invaluable, particularly in the context of a growing interest in 'people-centric' environmental law. Policymakers and activists in the global South will also be interested in its analysis of key issues and suggestions for alternative models and future policy.Contributors include: S. Adelman, U. Baxi, V. Bhagat-Ganguly, S. Bhattacharjee, L. Bhullar, C.R. Bijoy, P. Cullet, J. Dehm, B. Gebremichael, K. Gill, S. Gopalakrishnan, E. Grant, M. Gupta, T. Kaime, P. Kameri-Mbote, A.H. Khan, M. Kidd, K. Kohli, S. Koonan, A. Kothari, L. Kotzé, F. Lesniewska, L. Lohmann, M. Menon, F. Padel, U. Ramanthan, J. Razzaque, G. Sahu, P. Sampat

This insightful Research Handbook addresses whether international, national and regional laws are able to address the challenges plastics pose. Expert contributors demonstrate that many laws on this topic are fragmented, and advocate for the development of systemic approaches which engage a broad range of actors to ensure effective regulation moving forward.Bringing together leading academics and practitioners, the Research Handbook on Plastics Regulation addresses key topics such as the interference of plastics in the human right to health and wellbeing, food security, biodiversity, ocean pollution, trade, and the use of petroleum. It proposes potential routes for the development of future plastics regulation through earth systems law, the circular economy, and intellectual property and life-cycle based approaches to product design. Fundamentally, the Research Handbook emphasises the crucial need for societal and equitable justice with regards to plastics use and the reform of regulatory practices.Providing legal insight on a pressing global topic, this Research Handbook is invaluable for law students and academics specialising in human rights, intellectual property, law of the sea/ocean governance and environmental law at a national, international or global level. It will also be beneficial to policymakers working in environmental regulation and governance.

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field. Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field. Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.

This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind’s well-being and its very resilience is intrinsically linked to the good governance of the ocean’s natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism.Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.

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.