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The frontiers of extraction are expanding rapidly, driven by a growing demand for minerals and metals that is often motivated by sustainability considerations. Two volumes of International Development Policy are dedicated to the paradoxes and futures of green extractivism, with analyses of experiences from five continents. In this, the first of these two volumes, 16 authors offer a critical and nuanced understanding of the social, cultural and political dimensions of extraction. The experiences of communities, indigenous peoples and workers in extractive contexts are deeply shaped by narratives, imaginaries and the complexity of social contexts. These dimensions are crucial to making extraction possible and to sustaining its expansion, but also to identifying possibilities for resistance, and to paving the way for alternative, post-extractive economies. This volume is accompanied by IDP 16, The Afterlives of Extraction: Alternatives and Sustainable Futures.

New Space technologies, Earth observation and satellite navigation in particular, have proven to be invaluable drivers of sustainable development, thus contributing to the protection of several human rights (the “Good”). At the same time, however, New Space technologies raise concerns for the right to privacy (the “Bad”), and face a number of challenges posed by hostile cyber operations (the “Ugly”). Dr. Arianna Vettorel analyzes the relevant international, European and domestic legal frameworks and highlights the need for several innovative approaches and reforms, in a transnational and bottom-up perspective, in order to maximize the Good, and minimize the Bad and the Ugly, of New Space technologies.

This book considers the impact of the COVID-19 pandemic on the realisation of the United Nations'Sustainable Development Goals.Although efforts towards the attainment of the Sustainable Development Goals are ongoing, the COVID-19 pandemic has had a significant impact on these efforts: accentuating inequities, as well as absorbing resources. This book addresses this impact, as it takes up the question of how to ensure global recovery – in line with the target for the Sustainable Development Goals – after the pandemic. Adopting an interdisciplinary approach, but focusing particularly on the role of law and legal frameworks in this recovery, the book considers the effect of the pandemic on key industries such as shipping, insurance, manufacturing, and banking, as well as on the role of the State and non-State actors. Pursuing an explicitly Global South perspective, the book maintains that in the post-COVID era it is the elaboration a rule of law framework that is in sync with both the Global North and South that is crucial if the Sustainable Development Goals are to be achieved.This book will be of value to scholars, students and policymakers working in the general area of law and development, but especially those with specific interests in the United Nations'Sustainable Development Goals.

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.

Courage, Contributions and Compliance: The Routledge Handbook of Climate Law and Governance recognises calls from the United Nations (UN), the Intergovernmental Panel on Climate Change (IPCC). The elders, and others, for climate justice and urgent action, and convenes insights from leading legal and institutional experts, professors, professionals and early career scholars on emerging climate law and policy challenges, commitments and solutions.The collection explores the role of law and governance in scaling up global responses to climate change and advancing sustainability. Based on careful study of international advances and the full spectrum of Nationally Determined Contributions (NDCs) to the global response to climate change, as submitted by Paris Agreement Parties to the UN Framework Convention on Climate Change (UNFCCC), the volume compiles a compelling, coherent and systematic topical account from across diverse legal jurisdictions. Analytical chapters by leading experts, practitioners and scholars close to ongoing climate negotiations explore recent legal and institutional innovations related to climate change which can support implementation and compliance with the Paris Agreement and advance the global Sustainable Development Goals (SDGs). They highlight ways to raise ambition through law and policy, to reform national legal and institutional arrangements to implement NDCs and to further develop international law and governance in the face of the existential threat of climate change and the world: sustainable development commitments.Presenting a pathway for advancing climate ambition in the coming decades, this book will be of interest to government officials, academics, students, professionals and policy makers working in the area of climate law and governance.

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.

Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation.Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.

This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.

After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.This book's analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.

L a Agenda 2030 aprobada por la Asamblea General de las Naciones Unidas en septiembre de 2015 establece 17 objetivos de desarrollo sostenible (ODS) para transformar nuestro mundo desde una perspectiva económica, social y ambiental. La presente obra ofrece una reflexión profunda y sistemática de los ODS, cuyos elementos esenciales conectan el desarrollo sostenible con el disfrute de los derechos humanos y el Derecho internacional. Esta vinculación presenta en ocasiones bastantes dificultades de comprensión, tanto desde la perspectiva conceptual, como desde el prisma normativo y práctico. Esto es así porque la propia Agenda es algo más que una mera hoja de ruta que apela a toda la comunidad internacional y que contempla una gran diversidad de objetos y metas, que afectan directa o indirectamente al disfrute de los derechos económicos, sociales y culturales y al cuidado del planeta. La Agenda tiene también una función normativa de carácter sistémico que refuerza la unidad material del Derecho internacional. A lo largo de estas páginas se analizan estas cuestiones de carácter técnico-jurídico, pero también cuestiones sustantivas de derechos humanos y desarrollo, y cuestiones específicas como la debida diligencia de las empresas, la protección de la vulnerabilidad y los bienes públicos globales presentes en esta Agenda. Esta publicación ha sido posible gracias a la colaboración desinteresada de un grupo de expertos de alto nivel procedentes de diversas universidades españolas y extranjeras: de la Universidad Carlos III de Madrid, Rey Juan Carlos, Pompeu Fabra, Navarra, Cádiz, Granada, Málaga, el CEI International Affairs de Barcelona y la Università degli Studi Milano-Bicocca (Italia). También participan expertos de otras instituciones, como la Fundación Academia Europea e Iberoamericana de Yuste y la Delegación de Extremadura en Bruselas - Junta de Extremadura. Hay que agradecer el liderazgo que en este sentido ha realizado la Cátedra de sobre Sostenibilidad, Inclusión Social, Diversidad y Derechos Humanos de la Universidad Carlos III de Madrid

Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital.Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.

International economic law guides and shapes globalization and the future of the world economy, our human societies, and the Earth. The rules which facilitate trade and investment could defend the interests of Hermes, Greek god of commerce and thieves, or learn to draw inspiration from Athena, goddess of justice, wisdom, and crafts. This volume explores how trade and investment agreements could promote more sustainable development, rather than increasing the negative social and environmental impacts of economic growth. States and other actors are attempting to integrate social and environmental considerations into trade and investment policies, towards more sustainable development. Analysing their efforts, this volume offers insights into the ways that commitments to sustainability are being operationalized in the texts of economic treaties themselves. Written by a renowned expert jurist and professor of law, this book examines the measures being debated in the WTO and adopted by States in a selection of innovative and flexible regional and bilateral trade and investment accords. With legal examples spanning decades of experimentation and experience, the book illuminates how States and stakeholders are seeking innovative ways to integrate environmental and social considerations into trade and investment agreements. Introducing a ground-breaking systematic approach, the volume considers how, through this integration, international trade and investment law can contribute to the achievement of the world's Sustainable Development Goals.

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.

A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity'invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea'through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.

This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore.'Furthering frontiers'is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Sustainable Energy Democracy and the Law explores the concept of sustainable energy democracy from a legal perspective. It explains what sustainable energy democracy means and how law can help in moulding the concept. Through discussion of legal approaches and instruments from various jurisdictions around the globe, the book provides valuable insights into how law can either facilitate or restrict sustainable energy democracy in practice. It assesses how potential frictions and synergies between legal instruments could influence sustainable energy democracy.

Economic, technological, social and environmental transformations are affecting all humanity, and decisions taken today will impact the quality of life for all future generations. This volume surveys current commitments to sustainable development, analysing innovative policies, practices and procedures to promote respect for intergenerational justice. Expert contributors provide serious scholarly and practical discussions of the theoretical, institutional, and legal considerations inherent in intergenerational justice at local, national, regional and global scales. They investigate treaty commitments related to intergenerational equity, explore linkages between regimes, and offer insights from diverse experiences of national future generations'institutions. This volume should be read by lawyers, academics, policy-makers, business and civil society leaders interested in the economy, society, the environment, sustainable development, climate change, and other law, policy and practices impacting all generations.

Implementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the implementation of international water law (IWL) through integration of the law, the WEF Nexus and SDGs.

Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What's in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable'labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.

The book discusses sustainability and law in a multifaceted way. Together, sustainability and law are an emerging challenge for research and science. This volume contributes through an interdisciplinary concept to its further exploration. The contributions explore this exciting domain with innovative ideas and replicable approaches. It combines a variety of authors, from both the public and the private sectors, and thereby guarantees a broad view that enshrines the more theoretical arguments from the academic side as well as stronger practical applicable perspectives. The book provides space for thoughtful expansions of established theories as well as the hopeful emergence of innovative ideas. Moreover, the combination of three to five contributions into the eleven parts respectively aims toward a compression of like minded thoughts. This should lead to an intensification of exchange of viewpoints from different angles on a similar theme. Readers therefore also have the opportunityto concentrate on single chapters, but receive comprised knowledge and a variety of thoughts for new ideas on a particular theme.

In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach (COIA) in international water law, and demonstrates how the approach can provide a legal framework for common management of international watercourses. Through analyses of various features of international watercourse cooperation and common management, the book determines the main principles and the underlying values of the COIA, and discusses how the approach contributes to the development of international water law. Although the COIA is one of the central theories of international water law, very few analytical accounts of its legal features exist. Through The Community of Interest Approach in International Water Law, Howden offers a new and fresh approach to international water law that pulls together questions of holistic management, State sovereignty, public participation and river basin organisations into the analyses of the COIA and its relevance for managing transboundary watercourses today.

Mental health has always been a low priority worldwide. Yet more than 650 million people are estimated to meet diagnostic criteria for common mental disorders such as depression and anxiety, with almost three-quarters of that burden in low- and middle-income countries. Nowhere in the world does mental health enjoy parity with physical health. Notwithstanding astonishing medical advancements in treatments for physical illnesses, mental disorder continues to have a startlingly high mortality rate. However, despite its widespread neglect, there is now an emerging international imperative to improve global mental health and wellbeing. The UN's current international development agenda finalised at the end of 2015 contains 17 Sustainable Development Goals (SDGs), including SDG3, which seeks to ensure healthy lives and promote wellbeing for all at all ages. Although much broader in focus than the previous eight Millennium Development Goals (MDGs), the need for worldwide improvement in mental health has finally been recognised. This Handbook addresses the new UN agenda in the context of mental health and sustainable development, examining its implications for national and international policy-makers, decision-makers, researchers and funding agencies. Conceptual, evidence-based and practical discussions crossing a range of disciplines are presented from the world's leading mental health experts. Together, they explore why a commitment to investing in mental health for the fulfilment of SDG3 ought to be an absolute global priority.

Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy's distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country's abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.

In Sustainable Ocean Resource Governance an international group of eminent authors offer perspectives on the legal interface between sustainable economic growth, effective marine resource management and urgent environmental protection of the sea by addressing three key issues: deep sea mining, marine energy generation, and seabed pipeline and cable systems. In light of the sectoral nature of current ocean governance and the existing patchwork of management arrangements for the oceans, this book gives insights in search for a coherent and consistent sustainability approach.

In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme, adopted by the International Civil Aviation Organization in 2016, should be implemented in 2020 even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law. International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond.

This book analyzes the tension between the host state's commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,'as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,'which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state's power to regulate.

In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.

This book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.

This book addresses legal aspects of sustainable development and offers the latest thinking on a wide range of current themes. By taking a cross-cutting approach, it adds considerably to the exploration of this emerging scientific field.Twenty-nine original contributions present innovative thoughts and replicable ideas from this exciting, new area, which will be of value to practitioners and researchers alike.These contributions are allocated into a horizontal and sectorial part. The section covering horizontal policies has five sub-parts: 1) general aspects; 2) human and intellectual property rights; 3) communication and social enterprise governance; 4) public participation and 5) assessment tools. The second part on sectorial policies also has five sub-parts: 1) forest and water management; 2) renewable energy; 3) cities, waste and material management; 4) biodiversity, nature conservation, oceans and spatial planning and 5) agriculture and rural policy.It offers a multifaceted discussion of sustainable development and law by authors from five continents and from both the public and the private sectors. This selection guarantees a broad view that presents the more theoretical arguments from the academic as well as the practical perspective.Furthermore, the authorship includes senior, highly experienced academics and practitioners as well as those at the start of their career.This ensures thoughtful expansions of established theories as well as the emergence of innovative ideas.Moreover, the ten sub-parts bring together likeminded thoughts, resulting in an exchange of different viewpoints on a similar theme. This allows the readers to concentrate on individual chapters, while at the same time discovering a variety of thoughts and ideas.

This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).

International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport and numerous other planetary challenges require individual countries to adhere to international norms. What have been the successes and failures in the environmental treaty-making arena? How has the role of civil society and scientific consensus contributed to this maturing process? Why have some treaties been more enforceable than others and which theories of international relations can further inform efforts in this regard? Addressing these questions with renewed emphasis on close case analysis makes this volume a timely and thorough postscript to the Rio-Plus 20 summit's celebrated invocation document, The Future We Want, towards sustainable development. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. In this book, authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making.

This book expands on law-related research by examining the legal aspects of sustainability with a focus on the impact on business strategies. It recognizes that firms must adopt an integrated approach to law and sustainability, considering multiple disciplines and goals, and serve as a forum for bringing together scholarship from fields such as environmental law, energy, government regulation and intellectual property. Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits. Examples of sustainable practices increasingly employed by firms include the institutionalization of “whole life-cycle” analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism, and integrating sustainability into firm culture and management goals. It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means. Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.

Considering that natural resources or green capital are the drivers of globalisation, this book focuses on the link between investment, trade and natural resource management in the context of the growing economic inequalities between states. It argues that there is a need to pay attention to the environmental and social conflicts arising out of economic globalisation and the response of regulatory and institutional mechanisms to the challenges of rapid resource depletion. This book will provide the readers a better understanding of the overlapping legal regimes, disagreement and diversities of legal processes, and the benefits and risks associated with sustainable management of the natural resource sector.

The Nagoya Protocol on Access and Benefit-sharing is an innovative multilateral environmental agreement that has significantly developed the international biodiversity regime. In addition, it has considerable implications for the rights of indigenous peoples and local communities, for research and commercial development activities in various sectors, as well as for food security, health, trade, oceans, and development cooperation. A prestigious group of international experts analyses the implications of the Nagoya Protocol for different areas of international law, and its implementation challenges in various regions, or of a cross-cutting nature. The volume thus combines the perspectives of legal scholars and of stakeholders involved in the negotiations of the Protocol and the preparations towards its entry into force.

The World Bank and Sustainable Development: Legal Essays collects works from the past ten years by David Freestone, former Deputy General Counsel and Senior Adviser at the World Bank. The essays offer a unique perspective founded on the author's years of experience at the World Bank. They cover a wide-range of topics, including the Bank's Sustainable Development and its Climate Change agendas as well as its project based Environmental and Social Safeguard policies, highlighting the evolution of the pioneering role of the Bank's Inspection Panel. Other essays look at the establishment and subsequent evolution of the Global Environment Facility (GEF), the design and implementation of the innovative Prototype Carbon Fund – now the basis of a $3 billion greenhouse gas reduction portfolio. Updated by current Bank Staff members, together these seven legal essays represent a seminal body of work from a uniquely qualified voice in international environmental law.

Sustainable development is the contemporary philosophy that is dominating the environmental protection movement. At a United Nations Conference in Johannesburg in 2002, sustainable development was defined as development that'promote[s] the integration of economic development, social development and environmental protection—as interdependent and mutually reinforcing pillars.'Sustainable Development: Towards a Judicial Interpretation examines the contribution of certain key aspects of environmental protection associated with the philosophy of sustainable development that has emerged in international, regional and national law including the right to a healthy environment. Topics include inter-generational equity, intra-generational equity, public participation in the developmental process, proper assessment of economic activities, the need for proper information, the precautionary principle, the polluter-pays principle, and access to justice.Presenting a succinct examination of international, regional and national legal regimes that provide a basis for supporting environmental protection in the global community through sustainable development, this book will be indispensible to legal practitioners, scholars and students interested in environmental law.

Published with the support of The New Zealand Law Foundation.As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet.Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.

In recognising the significant role international law can play in supporting the objectives of justice and sustainable development, Global Justice and Sustainable Development provides a wide-ranging analysis of some of the most fundamental challenges facing global society. In particular, the volume seeks to consider the synergies between sustainable development and global justice – two notions that are simultaneously hugely important and, in equal measure, enormously contentious within both international law and international relations.Organized in a three-part structure, Global Justice and Sustainable Development revisits some of the basic assumptions on which the general principles are built, considers the implications for differing aspects of international law, and focuses on national and regional approaches.

This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: • The relations between various international legal regimes, especially between international trade law and climate law, • The legal status of sustainable development as a principle of international law, and • The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

This book investigates how sustainability informs the universal principles used in domestic and international law. It calls for the acceptance of sustainability as a recognized legal principle which could be applied to the entire legal system rather than just environmental law and regardless of its international or domestic levels. To this end, the book makes a contribution to a theory of global law by discussing whether, as a universally shared concern, environmental protection and the principle of sustainability should contribute to the'greening'of the fundamental principles of law and governance. The book will be a valuable resource for students, researchers and policy makers working in the areas of environmental law and governance.

In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries).The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l'évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l'intégration du concept de développement durable dans tous les domaines pertinents du droit international.

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law'and discusses its future direction.While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies.The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues.Published under the Transnational Publishers imprint.

This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law.It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development.The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.

The concept of ‘sustainable development'has attracted considerable attention in recent years and has become of pivotal importance, not only in scientific and political discourse but also, increasingly, in the practice of states and of relevant international organisations.Since 1992 and within a remarkably short period of time, sustainable development has been endorsed and recognised in a number of instruments of international law. Thus, it is incorporated in various environmental treaties as well as in international fisheries agreements, the 1995 Agreement Establishing the World Trade Organisation (WTO) and EU law. Sustainable development and related concepts also feature in a number of international judicial decisions of the 1990s, for example those of the International Court of Justice and the WTO Appellate Body.The chapters assembled in this book illustrate various aspects of efforts of policy makers, regional and national interest groups to invoke and rely upon international law for the realisation of the objective of sustainable development. They deal in particular with recent examples of the practice of states and of relevant international organisations, especially in such areas as international trade, foreign investment regulation, human rights and natural resources and waste management. Furthermore, some chapters are dedicated to a review of relevant practice at the regional and national level.