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International Law in the Era of Climate Change
'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climat...
Research Handbook on International Marine Environmental Law
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Environmental Rights in Europe and Beyond
The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
Non-Flag State Enforcement in High Seas Fisheries
This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.
Trans-jurisdictional Water Law and Governance
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies ...
Human Rights and Environmental Protection
This book explores the complex relationship between human rights and environmental protection. It analyzes the concept of environmental procedural rights from a comparative perspective in the European Union, India, and China. Arguing the need to apply a holistic approach which acknowledges the interlinkages between democracy, environmental protection, and climate change, it examines both theoretical and practical dimensions of the topic, with case studies drawn from empirical research. The work highlights the important role of environmental procedural rights at the intersection of environmental law and human rights, emphasizing the need for effective channels of communication between citizen...
Human Rights and Ocean Governance
This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of p...
The Ecosystem Approach in Ocean Planning and Governance
Applying much needed legal and social sciences perspectives, the book provides in depth analyses of lessons learned and remaining challenges associated with making the Ecosystem Approach fully relevant and operational in various fields of marine governance.
Maritime Operations Law in Practice
The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from ‘high end’ war-fig...
Places of Refuge for Ships in Distress
By examining the problem of places of refuge for ships in distress and proposed solutions under international, national and regional law, Places of Refuge for Ships in Distress by Anthony Morrison highlights the need for further solutions and presents alternative solutions.
