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Global Environmental Change and Innovation in International Law
Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
The International Law of Environmental Impact Assessment
The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.
Transboundary Harm in International Law
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
Responsibility to Ensure
The contractors are those private or state-owned companies that carry out exploration and exploitation activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyzes the sponsoring State’s primary responsibility, i.e., ensuring its sponsored contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.
Maritime Cooperation in Semi-Enclosed Seas
Maritime Cooperation in Semi-Enclosed Seas, edited by Keyuan Zou, brings together distinguished scholars to discuss how and to what extent Article 123 of the LOSC has been implemented in state practice in East Asia and Europe, and what kind of existing experiences can be observed and lessons drawn so as to promote maritime cooperation in semi-enclosed seas. An interdisciplinary approach has been taken to broaden the scope of discussion on how to strengthen the implementation of the LOSC. The book is divided into four parts: “International Legal Framework for Semi-Enclosed Seas Cooperation,” “Cooperative Management of Marine Resources,” “Handling Non-Traditional Security Issues,” and “New Challenges to Semi-Enclosed Seas Cooperation.” In addition to general discussions on semi-enclosed seas, the volume offers special geographic coverage of the East China Sea and South China Sea in East Asia and the North Sea and Mediterranean Sea in Europe.
Research Handbook on Extraterritoriality in International Law
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Research Handbook on the Law of the Paris Agreement
This comprehensive Research Handbook sets out a systematic analysis of the Paris Agreement taking into account developments since it entered into force in 2016. It explores the treaty’s capacity, as an instrument of international law, to compel state action to address the universal threat of climate change.
Towards Continental Environmental Policy?
Examines the challenges of environmental governance in contemporary North America. What are the most important transnational governance arrangements for environmental policy in North America? Has their proliferation facilitated a transition towards integrated continental environmental policy, and if so, to what degree is this integration irreversible? These governance arrangements are diverse and evolving, consisting of binational and trinational organizations created decades ago by treaties and groups of stakeholderswith varying degrees of formalizationwho work together to address issues that no single country can alone. Together they provide leadership in numerous areas of environmenta...
The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
North America in Question
Can North America survive as a region in light of the political turbulence provoked by the global economic crisis? Or have regional integration and collaboration reached a plateau beyond which disintegration is likely? In North America in Question, leading analysts from Canada, the United States, and Mexico provide theoretically innovative and rich empirical reflections on current challenges sweeping the continent and on the faltering political support for North American regionalism. This collection begins by reviewing the recent trajectories and events that have undermined North America's trilateral relationship, then addresses concerns that go beyond NAFTA and economic issues, including labour, immigration, energy, the environment, quality of citizenship, borders, women's and civil society struggles, and democratic deficits. Although demonstrating that many informal dimensions of North American integration continue to flourish, the contributors assess whether the future will hold greater economic instability, security crises, and emerging bilateral relationships.
