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Transnational Environmental Law in the Anthropocene by Emily Webster,Laura Mai Pdf
Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.
Research Handbook on Transnational Environmental Law by Veerle Heyvaert,Leslie-Anne Duvic-Paoli Pdf
This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.
Emerging Principles of International Environmental Law by Sumudu Atapattu Pdf
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.
Regulating Transnational Sustainability Regimes by Enrico Partiti Pdf
"Through their labels and logos competing for the interest of consumers, voluntary sustainability standards (VSS) are a visible feature in supermarkets and shops. With a few exceptions such as the European Union (EU) Ecolabel and some national equivalents, most of these schemes are set up by private actors such as nongovernmental organisations (NGOs), producer organisations and even single corporations establishing social and environmental requirements for their suppliers. The emergence of VSS is traditionally associated with the establishment of the Sustainable Forestry Initiative (SFI) and the Forest Stewardship Council (FSC), and the rise of transnational civil society movements pressuring apparel brands over the labour conditions of their suppliers. The difficulty in reaching global agreement between States in remedying the 'tragedy of the commons', in particular depletion of natural resources and transboundary pollution, in combination with the jurisdictional limits of unilateral conduct, has led private actors to intervene in the regulation of social and environmental externalities connected to global production. The need to protect a reputation from scandal and NGO pressure, and to avoid liability and comply with applicable provisions, as well as creating new markets, have been equally strong contributing factors. Since the early 1990s the proliferation of schemes in sectors spanning agriculture to fisheries, and biofuels to jewellery has been unstoppable. From bird-friendly coffee production to acceptable working conditions in the garment sector, very few sustainability and corporate responsibility-related issues are not addressed by private standards. The most comprehensive database identifies 463 standards operating in 199 countries and in 25 sectors.4 Most of these standards are private, and the focus of this book will be limited to those"--
International Natural Resources Law, Investment and Sustainability by Shawkat Alam,Jahid Hossain Bhuiyan,Jona Razzaque Pdf
International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.
The Evolution of Sustainable Development in International Law: Inception, Meaning and Status by Nico J. Schrijver Pdf
In a remarkably short time "sustainable development" has become firmly established in international law. The World Commission on Environment and Development concisely defined this concept as: "development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs". This definition combines inter-generational equity with an awareness of the finite capacity of the earth and its natural resources. This book brings together a collection of lectures given at the Hague Academy of International Law. The aim of the book is threefold: firstly, to review the genesis, clarify the meaning and assess the status of sustainable development within international law; secondly, to examine the legal principles that have emerged in the pursuit of sustainable development; and finally, to assess to what extent the current state of law demonstrates a balance between and integration of all relevant fields of international law as urged by the Rio, Johannesburg and World Summit documents.
International Environmental Law and Governance by Malgosia Fitzmaurice,Duncan French Pdf
This publication present in-depth study of the very topical subject-matter of legal powers of Conferences of the Parties established on the basis of Multilateral Environmental Agreements. The book deals with the legitimacy and efficiency of the decisions of such bodies.
International environmental laws and the concept of soft law by Peterson Kelly Pdf
Seminar paper from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Cambridge, language: English, abstract: Soft law regards to international norms that are deliberately non-binding in character, but are of great legal relevance. This has unique policies that lie between law and politics. Noticeable examples include resolutions by international organizations and global plans of actions of conduct. Soft laws operates under a different model from “hard law” that is associated with legally binding obligations. Furthermore, soft laws are characterized with less degrees of precision when compared with hard laws. Some scholars argue that soft law is ambiguous because its legal effects and its implication is often difficult to identify. Soft law mainly constitutes various part of the modern law-making process. International environmental regulations indicate a successful application of the soft law. Scholars believe that soft law outweighs the classical and familiar legal categories of law that form a platform of international regulations. Soft law is associated with various concerns; however, it has strategic mechanisms for imposing its proposals. The law is primarily structural in nature because it includes the existence and development of an organized network of permanent institutions at international and regional levels. Rio+20 conference provides a practical example of emphasize of soft law in the international environmental regulations. Studies indicate that the Rio+20 seminar on environmental sustainability did not create any successful agreements or commitments; however, it provided a global platform for discussing demanding issues in the effort to secure international sustainable development.
Integrating Sustainable Development in International Investment Law by Manjiao Chi Pdf
The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.