Routledge Research in International Environmental Law – serie

Waste management poses increasing challenges to both the protection of the environment and to human health. To face these challenges, this book claims that environmental law needs to shift attention from media-specific pollution regimes to integrative life-cycle approaches of waste management i.e., from the prevention of waste generation to the actual handling of wastes. Furthermore, the cooperation of States and the establishment of coordinated activities is essential because states can no longer have separate standards for wastes posing transboundary risks and for ‘purely domestic’ wastes. Drawing upon both International and EU law, the book provides a detailed analysis of the regimes set up to deal with the transboundary movement of wastes and ship-source pollution, so as to elucidate the obligations and legal principles governing such regimes. It concludes that treaty obligations concerning transboundary movements of wastes are inapplicable to ship wastes while on board ships and on land. However, despite the limitations of the transboundary movement of wastes regime, the principle of Environmentally Sound Management (ESM) embodied in this regime has gradually transformed into a legal principle. ESM works to address the legal gaps in the regulation of wastes, and consequently, it provides the desired coherence to the legal system since it acts as a bridge between several regulatory and sectoral levels. Furthermore, ESM offers a new light with which to understand and interpret existing obligations, and it provides a renewed impetus to regimes that directly and indirectly govern wastes. This impetus translates into greater coordination and the establishment of cross-sectional policies.By offering alternative ways to solve problems linked to the management of ship wastes in the sea-land interface, this book will appeal to anyone with an interest in International Environmental Law.

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others.This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

This volume considers current and future challenges for nature law and policy in Europe.Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives’ implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law. This book makes a timely contribution by examining the current state of play in light of recent and historical developments, as well as the post-2020 nature law and policy landscape. While evidence suggests that Natura 2000 and the Habitats and Birds Directives have delivered conservation benefits for wildlife in Europe, biodiversity loss continues apace. The book reviews the requirements for an effective international nature conservation system, with reference to the Birds and Habitats Directives. It examines regulatory regimes, current legal issues in the fields of site protection and species protection, the protection of areas outside Natura 2000, recent developments in the EU and the UK, including the implications of Brexit, agriculture and nature conservation, litigation, science and access to justice. Written by leading experts in the field, from a range of stakeholder groups, the volume draws on diverse experiences as well as providing interdisciplinary perspectives.This volume will be essential reading for students, scholars, practitioners, NGOs and policy-makers interested in European environmental policy and law, including for example lawyers, ecologists, environmental scientists, political scientists, natural resource managers, planners and civil servants.

This volume considers current and future challenges for nature law and policy in Europe.Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives’ implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law. This book makes a timely contribution by examining the current state of play in light of recent and historical developments, as well as the post-2020 nature law and policy landscape. While evidence suggests that Natura 2000 and the Habitats and Birds Directives have delivered conservation benefits for wildlife in Europe, biodiversity loss continues apace. The book reviews the requirements for an effective international nature conservation system, with reference to the Birds and Habitats Directives. It examines regulatory regimes, current legal issues in the fields of site protection and species protection, the protection of areas outside Natura 2000, recent developments in the EU and the UK, including the implications of Brexit, agriculture and nature conservation, litigation, science and access to justice. Written by leading experts in the field, from a range of stakeholder groups, the volume draws on diverse experiences as well as providing interdisciplinary perspectives.This volume will be essential reading for students, scholars, practitioners, NGOs and policy-makers interested in European environmental policy and law, including for example lawyers, ecologists, environmental scientists, political scientists, natural resource managers, planners and civil servants.

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.

The book comprehensively analyses whether a State may be held responsible for environmental damage resulting from its wrongful conduct in international armed conflict.Focusing on elements of State responsibility’s main elements, obligations, damage and standard of conduct, under the law of armed conflict and international environmental law, the book covers war and occupation and other relevant applicable laws. This extends to international water and human rights law. It presents techniques to resolve conflicts of norms from different law branches, when simultaneously applied, and incorporates latest legal developments and potential impact on the subject. Engaging with detailed analysis of legal rules, the book highlights weaknesses within the law alongside proposing new interpretations of outdated notions. Practical application of the rules is illustrated by two cases of damage to land, Mediterranean Sea and air pollution in the Israel-Hezbollah war in Lebanon (2006) and to the Occupied Palestinian Territory’s natural resources, mainly land, water and quarries. It concludes by examining mechanisms to enforce State responsibility.The book will be of interest to graduate law students, researchers and practitioners in the field of international law, the law of armed conflict international environmental and water law and human rights law.

This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the ‘flexible mechanism’ (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as ‘voluntary cooperation’ or ‘sustainable development’ mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.

The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU’s entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe’s most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.

This book presents a comprehensive analysis of the legal and policy frameworks for marine fisheries management and examines the efficiency of the institutions responsible for the formulation, implementation and enforcement of marine fisheries laws and policies in Bangladesh.Sustainable management of marine fisheries is a complex, multi-dimensional and multi-stakeholder process that entails sustainable use of marine living resources and conservation of marine biodiversity. Offering a critical analysis to these frameworks that play a crucial role in the conservation and management of fish stocks in areas within and beyond national jurisdiction, this book examines inadequacies and implementation gaps in the legislative, policy and institutional frameworks that contribute to the unsustainable exploitation of marine fish stocks in Bangladesh.It recommends law and policy reform for conservation and sustainable management of marine fisheries in Bangladesh and the Bay of Bengal.

The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.

This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns.Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources.This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law.

This book introduces a novel discourse, based on socio-legal theory of compliance with international environmental law, which addresses the overarching question: When can international environmental law and policy achieve implementation, compliance, and be effective?Offering an important contribution to academic and practical understandings of implementation and compliance with international environmental obligations, the book firstly critiques existing multidisciplinary theories of law and then brings together international and domestic legal theories to highlight their symbiotic relationship. It also stresses the importance of interactions between domestic and international legal and policy processes. This pioneering discourse is argued to be transformative to international environmental regimes and offers a way for them to be truly normative and to achieve compliance.The book will be of interest to students and scholars in the field of socio-legal studies and international environmental law and policy.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime.This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors’ interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states’ asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states’ interests to be voiced and considered in compliance decision-making processes.

The consequences of the introduction and spread of invasive alien species in non-native ecosystems is an area of growing interest for international policymakers and regulators. Globalisation has increased the rate and magnitude of biological invasions, resulting in huge environmental, economic and social costs. Until recently, the effectiveness of international efforts to provide a coordinated response to the threat of alien invasions have been limited. This book considers the existing Multilateral Environmental Agreements and looks at the potential role of regional environmental governance, particularly in consideration of the adoption of the European Parliament and Council regulation 1143/2014 on the management and control of invasive species, to provide an effective response to this global threat.

Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.

This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades – both from a theoretical as well as from a policy perspective – comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.

Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.

Tropical coral reefs are important ecosystems. They are economically important to coastal communities living in predominantly developing countries, and also provide shoreline protection, catalyse land formation enabling human habitation, act as a carbon sink and are a repository for genetic and species diversity rivalling rainforests. In the face of mounting man-made pressure from pollution, climate change and over-exploitation, these ecosystems increasingly need action to be taken to ensure their conservation and long term sustainable development. International Environmental Law and the Conservation of Coral Reefs breaks new ground by providing the first in-depth account of the ways in which multilateral environmental treaty regimes are seeking to encourage and improve the conservation of tropical coral reef ecosystems. In so doing, the work aims to raise the profile of such activities in order to reinforce their status on the environmental agenda. The book also has wider implications for international environmental law, arguing that sectorial legal action, provided it remains co-ordinated through a global forum that recognises and reflects the inter-connections between all elements of the natural environment, is the most effective way for international law to enhance the conservation of certain habitats. This book will be invaluable to environmental lawyers, legal researchers, marine conservationists and other stakeholders in coral reefs.

This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of ‘environmental governance’ and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. The rapid changes in economic, social and political life have had an enormous impact on Asia’s ecosystems and resources. Asian countries, in the name of economic development, are following the same environmentally destructive path their European counterparts followed in the past. The key to the environmental future of these two regions lies in the evolution of the character of governance - the ensemble of social ethics, public policies and institutions which structure how state actors and the civil society interact with the environment.This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision makers and policy analysts.

A search for new methods for dealing with climate change led to the identification of forest maintenance as a potential policy option that could cost-effectively reduce greenhouse gas emissions, with the development of measures for Reducing Emissions from Deforestation and Forest Degradation (REDD). This book explores how an analysis of past forest governance patterns from the global through to the local level, can help us to build institutions which more effectively deal with forests within the climate change regime. The book assesses the options for reducing emissions from deforestation in developing countries under the international climate regime, as well as the incentives flowing from them at the national and sub national level and examines how these policy levers change human behaviour and interface with the drivers and pressures of land use change in tropical forests. The book considers the trade-offs between certain forestry related policies within the current climate regime and the larger goal of sustainable forestry.Based on an assessment of existing multi-level institutional forestry arrangements, the book questions how policy frameworks can be better designed in order to effectively and equitably govern the challenges of deforestation and land degradation under the global climate change regime. This book will be of particular interest to students and scholars of Law and Environmental Studies.

The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches.Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general. This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors – many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts. The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements – 'ecosystems of legal instruments'.

Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general. This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors – many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts. The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements – 'ecosystems of legal instruments'.

The Clean Development Mechanism (CDM) is widely regarded as one of the Kyoto Protocol’s best creations and as an essential part of the international climate change regime. The CDM has been constantly evolving to ensure that it fulfils its objectives of mitigating climate change and contributing to sustainable development in developing countries. The over 6,000 registered projects under the CDM are estimated to have generated almost US$200 billion of investment in developing countries and are expected to achieve GHG emission reductions of about 6.8 billion tonnes. Nevertheless, the CDM is not perfect, and one of its main problems is the inequitable geographic distribution of projects among developing countries. Understandably, this is a problem that countries are very keen to address, and since 2001, even before the first project was registered, countries have been highlighting the need to ensure that projects are equitably distributed among participating countries.This book looks at distributive justice under the CDM regime and focuses on the issue of equity in the geographic distribution of CDM projects among developing countries. The book investigates relevant aspects of international law to identify the legal characteristics of equitable distribution or distributive justice, in order to establish what equitable distribution in the CDM should look like. Based on these investigations, Tomilola Akanle Eni-Ibukun breaks new ground in defining equitable distribution under the CDM and exploring how key obstructions to the equitable distribution of projects may be overcome.The book will be of particular interest to academics and policymakers of climate change and the CDM within international law.

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability.This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol.The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.