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Stratospheric Ozone Damage and Legal Liability
While government enforcement of laws and regulations to control the production of chloroflurocarbons in 1987 has been hailed as exemplifying the precautionary principle, for almost two decades US companies failed to take precautionary measures to prevent chemical emissions, despite the probable risk of stratospheric ozone loss. As a result, human harms in the form of skin cancer have reached epidemic proportions globally and in the United States where, today, one person dies every hour from skin cancer. This book reviews U.S. laws, regulations, and policies, as well as case law regarding similar toxic tort cases to consider whether companies can and should be held legally liable under tort common law theories and related tort justice theories for having contributed to increased risks of skin cancer.
Governing the Climate Change Regime
10 Climate governance accountability challenges: Lessons from multilateral climate finance -- 11 Co-producing climate-smart agriculture knowledge through social networks: Future directions for climate governance -- 12 International climate change policy and the contribution of civil society organizations -- Afterword: The long road to Paris: Insider and outsider perspectives -- Index.
The International Legal Régime for the Protection of the Stratospheric Ozone Layer
The first edition of Professor Yoshida’s monograph, The International Legal Régime for the Protection of the Stratosphere Ozone Layer, provided a renowned and comprehensive contemporary study of the international ozone régime. In the second revised edition, the author analyses important developments in the ozone treaty régime.
Global Corruption Report: Climate Change
The global response to climate change will demand unprecedented international cooperation, deep economic transformation and resource transfers at a significant scale. Corruption threatens to jeopardise these efforts. Transparency International's Global Corruption Report: Climate Change is the first publication to comprehensively explore such corruption risks. More than fifty leading experts and practitioners contribute, covering four key areas: governance: investigating major governance challenges towards tackling climate change mitigating climate change: reducing greenhouse gas emissions with transparency and accountability adapting to climate change: identifying corruption risks in climate...
Environmental Regulation
Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this growing and rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook also covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmen...
Environmental Law and the Ecosystem Approach
The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to t...
Ecological Restoration in International Environmental Law
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship bet...
Towards Climate Action in the Caribbean Community
The Caribbean Community (CARICOM) Member States, are among the first small island developing states (SIDS) to be affected by climate change. Each of the Member States emits less than 1% of global greenhouse gas emissions. However, they are confronted with this global negative externality. After more than two decades of negotiations, in 2015, the international community agreed upon a new international treaty to address climate change: the Paris Agreement. A notable achievement of the Paris Climate Agreement is that it encourages climate change mitigation action in both developed and developing countries. Since the Paris Climate Agreement marks an important milestone in the international clima...
Protecting Traditional Knowledge
This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses ...
Multilateral Environmental Agreements and Compliance
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors’ interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states’ asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states’ interests to be voiced and considered in compliance decision-making processes.
