The IUCN Academy of Environmental Law series – serie

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability.Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragán, A. de Garay Sánchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. González, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or 'Earth Summit' in Rio de Janeiro. It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robust policies and frameworks concerning ecological, socio-cultural and economic sustainability, implemented through appropriately innovative legal mechanisms. The book is divided into five sub-themes of sustainability: history, principles and concepts; environmental rights; access to justice and liability issues; natural resources, energy and climate change; and nature conservation. It includes expert legal opinion on developments to date, engaging with key themes from a broad selection of jurisdictions and perspectives. The analyses extend across public and private law to reflect the manifold areas which are rightly and necessarily the concern of environmental and sustainability law. Its contents offer not only critiques of developments to date, but also constructive engagement with matters of pressing concern to all. Written from a global perspective, this book will be an invaluable reference for academics, postgraduate students, practitioners and policy-makers concerned with environmental law and sustainability.Contributors: J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen, J.A.F. Costa, A. Daibert, J. de Cendra de Larragán, A. de Garay Sánchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W. du Plessis, J.J. González, D. Hodas, E. Kasimbazi, R. Kibugi, F.R. Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A. Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S. Teles da Silva

Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.

Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study. Contributors: M. Doelle, A. du Plessis, L. Godden, J. Lin, J. Moore, K.B. Munroe, H.M. Osofsky, S. Pasternack, M. Peeters, M. Powers, B.J. Richardson, E. Schwartz, S. Theriault, K. Thompson, S. Wood

This unique book focuses specifically on teaching and learning in environmental law, exploring innovative techniques, tools and technologies employed across the globe to teach this ever more important subject. Chapters identify particular challenges that environmental law poses for pedagogy, offering a mix of theory and practical guidance to legal scholars who are seeking to take up, or improve, their teaching of this subject.Providing an examination of teaching formats and methodologies that are both innovative and particularly adapted to the teaching of environmental law, contributions explore topics such as digital learning, joint teaching, flipped classrooms and scenario-based approaches, as well as discussing teacher-based, reflective, student-centred and research-based methods. The book also considers specific contexts for teaching environmental law such as specialized postgraduate programs, supervision methods for research students, teaching within non-law programs, and teaching online. Environmental law scholars at all levels of university instruction will find this book an invaluable opportunity to learn about new methods and approaches to teaching in this area. Its insights into legal teaching methodologies more broadly will also be of interest to legal academics in other areas of the law.

Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.

This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.In addition to risk and innovation, this book also highlights the need for resilience thinking in environmental law and governance, questioning whether these three factors are mutually supportive. Featuring wide geographical coverage of environmental law issues in both developing and developed nations, contributions posit that environmental law and governance is in a constant state of transformation. Throughout the book, discrete topics such as oceans, climate change and biodiversity are considered alongside intersecting themes such as human rights and litigation.Featuring up to date analysis of cutting edge topics by leading scholars in the field, The Transformation of Environmental Law and Governance will be a key resource for academics and students in the fields of environmental law, governance and regulation and environmental politics and policy. The valuable insights offered will also be beneficial for practitioners and lawmakers involved in the development of environmental law.

This timely book explores how environmental law must evolve to combat urgent global threats, such as climate change, biodiversity loss, and ecological degradation. In order to effectively mitigate these challenges, the book advocates for holistic, inclusive, and creative solutions that prioritise recovery and regeneration.Examined through global and interdisciplinary lenses, the chapters cover key ecological concerns including climate justice, indigenous rights, mental health impacts, and governance innovation. Leading experts rethink traditional legal frameworks, proposing adaptive models grounded in community participation and systemic reform. They emphasise justice and inclusivity, highlighting how indigenous knowledge systems, youth advocacy, mental health support, and rights-based approaches will help alleviate the current climate crisis. Re-imagining Environmental Law provides a compelling vision for a legal system that nurtures ecological and social wellbeing, prioritising education, care, and a commitment to planetary health for future generations.This book is a valuable resource for scholars and students in the fields of environmental law and sustainability studies. The book’s focus on rights, community engagement, and governance innovation will also be of great benefit to policymakers, government advisors, NGOs, and civil society advocates.

This prescient book examines the future-proofing of environmental law to allow legislation to anticipate and adapt to long-term challenges. Leading and emerging experts discuss the extent to which law is fit for purpose in the face of environmental emergencies and associated scientific, socio-economic and political uncertainties.Providing global insights into the debates surrounding the future-proofing of environmental law, contributors critically analyse law’s reactive tendencies and reflect on pathways towards legal resilience. Chapters outline theoretical approaches, practical solutions and novel directions for future-proofing. These are illustrated by case studies exploring areas such as the Indus Waters Treaty, administrative sanctions of Chinese emissions trading schemes and the role of international law in addressing plastics pollution.Students and scholars of environmental law and public international law will greatly benefit from this forward-thinking book. It is also a vital resource for policymakers and legal professionals in developmental and environmental law.

Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.

This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. Zhang

This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. Zhang

This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith

This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. Smith

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies.Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes.Contributors: G. Berndes, M. Brandão, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Rønne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.

This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach.The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing.Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers.

Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the 'Rio+20' conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance.A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance.This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law.Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. Wu

Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability.The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law s regulation of water can contribute to the sustainability of life both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner.Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.Contributors include: H. Alebachew, A. Bodart, T. Daya-Winterbottom, C. Dutra, D.E. Fisher, A. Foerster, E.B. Kasimbazi, G. Keremane, N. Lugaresi, V.G. Magalhães, J. McKay, A.R. Paterson, R. Pejan, S. Pollard, M. van Rijswick, M.D. dos Santos, J.C.L. da Silva, N. Soininen, I.U. Tappeiner, D. du Toit, P. Wouters, Z. Wu

This thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. Williams

This thoughtful book provides an overview of the major developments in the theory and practice of 'environmental justice'. It illustrates the direction of the evolution of rights of nature and exposes the diverse meanings and practical uses of the concept of environmental justice in different jurisdictions, and their implications for the law, society and the environment.The term 'environmental justice' has different meanings to different scholars and is applied in many different contexts. For some, the focus is on equal distribution of the earth's benefits, with concern for the interests of the less wealthy, disadvantaged minorities, or indigenous peoples. For others, the focus is on the interests of the earth and nature itself. Additionally, for some, environmental justice is a framework for discourse, whilst for others it connotes specific legal principles and procedures. The application of these interpretations through the law involves diverse approaches and rules. In this timely book, expert contributors identify the meanings and the practical translations of environmental justice, reflecting the perspectives of academic, judicial and indigenous people from many countries. Among the issues considered are the rights of nature and its application through judicial practice, and approaches to respecting the laws, cultures and the rights of Indigenous peoples.This integrated exploration of the topic will provide an excellent resource for scholars, judicial officers and practitioners interested in environmental and social justice issues.Contributors: J. Aseron, S.Z. Bigdeli, K. Bosselmann, C. Chaulk, J.I. Colón-Ríos, D. Craig, T. Daya-Winterbottom, W. Du Plessis, B. France-Hudson, E. Gachenga, S. Glazebrook, L. Godden, N. Greymorning, R. Karky, A. Keene, A. Kennedy, J. Khatarina, P. Martin, E. O'Connell, M. Perry, W. Phromlah, B.J. Preston, V. Rive, J.G. Rose, M.A. Santosa, A.S. Suwana, A. Telesetsky, J. Williams

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.'- David Grinlinton, Journal of Energy & Natural Resources LawThis timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance.Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotzé, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz

This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies.Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law.Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies.Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes.Contributors: G. Berndes, M. Brandão, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Rønne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

'In summary, the book provides an interesting mix of energy topics and perspectives that appears somewhat eclectic at first glance. . . . the book is a very useful and scholarly addition to the literature on energy governance and is recommended reading for all those who need to be better informed on the challenges and some of the solutions available at the current time.'- David Grinlinton, Journal of Energy & Natural Resources LawThis timely book makes an original and in-depth contribution to the debate about how to transform our energy governance systems into ones that support a fair, safe and sustainable society. It combines perspectives from leading scholars to provide a global outlook on alternative approaches to energy governance and innovative experiences. Taken as a whole, it offers a unique overview of some of the innovative and novel ways in which law can support the shift to sustainable and equitable energy systems.The first section lays the conceptual and theoretical foundations for alternative approaches to energy governance, including its constitutional foundations, the role of human rights, and an environmentally just system that seeks universal access to energy for all. The second section showcases concrete innovative experiences in energy governance from around the globe, including smart cities, the role of the courts, energy efficiency of buildings and the harnessing of energy from waste. Finally, the authors consider the social justice dimension, discussing the exploitation of energy resources by multinational companies in developing countries and the importance of agricultural production, distribution and consumption in energy transformation. This unique overview of state-of-the-art approaches to transformation of energy governance is vital reading for policy makers and both legal and non-legal scholars concerned with energy law, sustainability and justice, and global governance.Contributors: K. Bosselmann, J. Bowie, N. Chalifour, E. Daly, T. Daya-Winterbottom, C. Derani, A. Guerry, J. Jaria I Manzano, L. Kotzé, E. Le Gal, L. Lin-Heng, M. Low, J.R. May, E.C. Okonkwo, R.L. Ottinger, C. Pappalardo, T. Parejo-Navajas, M.P. Samonte Solis, M.K. Scanlan, J. Wentz