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The Antarctic Environmental Protocol and Its Domestic Legal Implementation
A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.
The Ecosystem Approach in Ocean Planning and Governance
The Ecosystem Approach in Ocean Planning and Governance takes stock of the challenges associated with implementing an ecosystem approach in ocean governance. In addition to theorizing the notion of Ecosystem Approach and its multifaceted implications, the book provides in depth analyses of lessons learned and remaining challenges associated with making the Ecosystem Approach fully relevant and operational in different marine policy fields, including marine spatial planning, fisheries, and biodiversity protection. In doing so, it adds much needed legal and social science perspectives to the existing literature on the Ecosystem Approach in relation to the marine environment. While focusing predominantly on the European context, the perspective is enriched by analyses from other jurisdictions, including the USA.
The Practice of Shared Responsibility in International Law
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Theory and Practice of Transboundary Environmental Impact Assessment
Environmental Impact Assessment (EIA) is a well-established instrument of Environmental Law and policy that aims to ensure that potential adverse environmental effects of human activities are assessed before decisions on such activities are made. The instrument is increasingly being applied in respect of activities that may cause environmental effects across the borders of a state. In this book, thirteen systems of Transboundary Environmental Impact Assessment (TEIA) are assessed that exist or are in development in different parts of the world. Although TEIA is generally associated with EIA between territorial states, this book takes a broader approach and is divided into three sub-parts: Transboundary EIA between states, EIA for activities in international and shared areas, and EIA required by international financial institutions. Knowledgeable experts (scholars and practitioners) provide an overview of the history, content, and practice of the individual systems and, based on these discussions, the state of the art concerning TEIA and possible future developments are discussed.
The Emerging Politics of Antarctica
This book examines the post-Cold War challenges facing Antarctic governance. It seeks to understand the interests of new players in Antarctic affairs such as China, India, Korea and Malaysia, and how other key players such as Russia and the USA or claimant states such as New Zealand or France are coping in the new global order. Antarctica is the world's fifth largest continent and its territories are claimed by seven different states. Since 1961 Antarctica has been managed under the Antarctic Treaty System (ATS), a regime which, according to its critics, by the terms of its membership effectively excludes most of the nations of the world. This book examines the post-Cold War challenges facin...
Transboundary Environmental Governance
Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
Yearbook of International Cooperation on Environment and Development 2002-03
'An important tool for researchers and decision-makers alike' Gro Harlem Brundtland, Director-General, World Health Organization (WHO) 'An invaluable source for everyone who needs to be up-to-date on international efforts to solve global environmental challenges. Unique in its presentations of the interrelationship between treaties, IGO, NGOs and governments' Jonathan Lash, President, World Resources Institute (WRI) The essential reference to all the rapidly multiplying international agreements on environment and development issues. This ninth annual edition of the Yearbook demonstrates the international community's position on specific environment and development problems, the main obstacle...
Wilderness Protection in Europe
Assesses to what extent wilderness areas in Europe receive protection under international conventions, EU directives and domestic law.
The Routledge Handbook of Polar Law
Polar law describes the normative frameworks that govern the relationships between humans, States, Peoples, institutions, land and resources in the Arctic and the Antarctic. These two regions are superficially similar in terms of natural environmental conditions but the overarching frameworks that apply are fundamentally different. The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences. It points to a distinct discipline of "Polar law" as the body of rules governing actors, spaces and institutions at the Poles. Four main features define the collection: the Arctic-Antarctic interfa...
Protecting the Oceans Beyond National Jurisdiction
Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international en...
