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International Environmental Law-making and Diplomacy
Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.
Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
The Unmaking of Special Rights
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In light of the many significant recent changes to the global order, The Unmaking of Special Rights explores an often-forgotten aspect of this arrangement: special rights for developing countries. This book analyzes when and how special rights for developing countries have evolved in the context of global power shifts.
A Communitarian Theory of WTO Law
The interdependence promoted by the WTO Agreement has exposed a number of critical vulnerabilities, leading to accusations that the treaty is unjust. This book offers a theory of WTO law which explains why the justice of the WTO Agreement needs to be understood on its own terms.
The Fragmentation of Global Climate Governance
The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, b
Intellectual Property Rights and Climate Change
6.4.3.1.2 Prior Negotiations with the Right Holder
The Rise of Responsibility in World Politics
Studying moral responsibility in world politics sheds light on changing accountability relations, justice and legitimacy in global governance.
ExtrACTION
This timely volume examines resistance to natural resource extraction from a critical ethnographic perspective. Using a range of case studies from North, Central and South America, Australia, and Central Asia, the contributors explore how and why resistance movements seek to change extraction policies, evaluating their similarities, differences, successes and failures. A range of ongoing debates concerning environmental justice, risk and disaster, sacrifice zones, and the economic cycles of boom and bust are considered, and the roles of governments, free markets and civil society groups re-examined. Incorporating contributions from authors in the fields of anthropology, public policy, environmental health, and community-based advocacy, ExtrACTION offers a robustly argued case for change. It will make engaging reading for academics and students in the fields of critical anthropology, public policy, and politics, as well as activists and other interested citizens.
Chemicals and Waste Governance Beyond 2020
SAICM was established a decade ago as a voluntary approach to complement regulatory gaps to achieve sound management of chemicals by 2020. Despite significant actions taken since then, chemicals still pose a grave risk through the pollution of air, water, soil, and food. In 2015, an international process was set in motion to design a new global framework for sound management of chemicals and wastes. The new framework will replace SAICM and it is envisaged to be adopted in 2020. This report is the first attempt to analyse functions needed for effective chemicals and waste governance and to identify options for the institutional form in the post-2020 era. The report aims to increase understanding of reforms required to protect human health and the environment from hazardous chemicals and wastes, in light of the 2030 Agenda on Sustainable Development.
Defining Effective Transboundary Water Cooperation
This book establishes a framework for defining transboundary water cooperation and a methodology for evaluating its effectiveness, which will contribute to more effective and therefore successful cooperation processes. With the increasing focus on transboundary cooperation as a part of the Sustainable Development Goal Framework, there is global recognition of transboundary water cooperation as a tool for improved governance and management of transboundary surface and groundwaters. However, there is not an agreed upon definition of transboundary water cooperation in the literature or in practice. This book develops the Four Frames of Transboundary Water Cooperation, which is a neutral modular...
