Global Environmental Law at a Crossroads
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Global Environmental Law at a Crossroads

9781783470860 Edward Elgar Publishing
Edited by Robert V. Percival, Director, Environmental Law Program and Robert F. Stanton Professor of Law, University of Maryland Carey School of Law, US, Jolene Lin, Faculty of Law, National University of Singapore and William Piermattei, Managing Director, Environmental Law Program, University of Maryland Carey School of Law, US
Publication Date: January 2016 ISBN: 978 1 78347 086 0 Extent: 336 pp
This timely volume considers the future of environmental law and governance in the aftermath of the "Rio+20" conference. An international set of expert contributors begin by addressing a range of governance concepts that can be used to address environmental problems. The book then provides a survey of key environmental challenges across the globe, before finally giving an assessment of possible governance models for the future.

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Global Environmental Law at a Crossroads analyzes cutting-edge developments in environmental law around the globe. Written in the aftermath of the “Rio+20” conference, this book addresses environmental governance from the international, regional and national levels. The topics include climate change initiatives, market-based environmental measures, water and food systems management, environmental governance structures and theories, and examples of environmental policy innovations from around the world. The global coverage draws on experiences from the EU, the Middle East, China, Brazil, Ecuador, Nigeria, Ethiopia, New Zealand and Australia.

This book will be a useful resource to scholars and students of environmental law and policy. Government and environmental officials as well as resource managers will find of interest the analyses of varied experiences around the world. These comparative experiences provide a rich introduction to the emerging field of global environmental law.
Critical Acclaim
‘Global Environmental Law at a Crossroads is well worth a read - it paints a thoughtful, multi-faceted picture of the current tides of environmental law in the various levels of it.’
– Tiina Paloniitty, IUCN Academy of Environmental Law

‘The normative and institutional distance travelled since UNCHE has been considerable. There have been notable successes, but more often than not environmental indicators continue to evince disturbing downward trends. This collection brings together cutting-edge scholarship designed to explore where we have been, where we are, and where we might be going – Global Environmental Law at a Crossroads. Contributors explore the continuing challenges we face, but they also look ably and deeply at the opportunities for improvement in governance that might address these challenges. For those concerned where we are headed, this will be a welcome addition to the library.’
– Donald K. Anton, The Australian National University College of Law

‘This is a remarkable publication wherein some of the world’s leading environmentalists discuss in an informed and transparent manner global, regional and national environmental challenges. The unique character of this book is that it links global issues of the environment (sustainable development; the creation of the World Environmental Organization) with national issues such as the right of nature in Ecuador. The book also presents a critical overview of the Rio+20 Conference. The particular feature of this outstanding book is its very analytical and straightforward approach to environmental issues adopted by its authors. Such a book is a must to all environmental lawyers, scholars and practitioners and in particular for a young generation of people who are interested in our planet.’
– Malgosia Fitzmaurice, Queen Mary University of London
Contributors
Contributors: R. Ako, M.B. Tekle, P. Chen, D. Craig, E. Daly, T. Daya-Winterbottom, S. Fulton, A.L. Garcia Campos, Ni. Goeteyn, J.J. i Manzano, A. Kennedy, I.E. Kornfeld, L.-H. Lye, N. Lugaresi, F. Maes, J.R. May, A.M. de Oliveira Nusdeo, C. Parrod, L. Schiano di Pepe, A. Telesetsky, J. Williams, S. Wolfson,Y. Zhao
Contents
PART I: ENVIRONMENTAL GOVERNANCE FRAMEWORKS

Introduction

1. Strengthening National Environmental Governance to Promote Sustainable Development.
Scott Fulton and Steve Wolfson

2. The Future We Want and Constitutionally Enshrined Procedural Rights in Environmental Matters.
James R. May and Erin Daly

3. The Rights of Nature in Ecuador: An Opportunity to Reflect on Society, Law and Environment.
Jordi Jaria i Manzano

4. Environmental NGOs and Sustainable Development in China.
Yuhong Zhao

PART II: ENVIRONMENTAL CHALLENGES – A WORLD TOUR
5. The Middle East: Climate Change, Water Insecurity and Hydro-diplomacy.
Itzchak Kornfeld

6. Land Grabbing and Food Security in Ethiopia: The Dilemmas of Sustainable Development.
Mekete Bekele Tekle

7. Protecting Gifts from the Sea: Ocean Governance for Living Marine Resources after Rio +20.
Anastasia Telesetsky

8. Lost in Translation: Threatened Species Law in Australia.
Jacqueline Williams, Amanda Kennedy, and Donna Craig

9. Environmental Justice in Nigeria’s Oil Industry: Recognizing and Embracing Contemporary Legal Developments.
Rhuks Ako

10. The Clean Development Mechanism and its Sustainable Development Premise: the Inadequacy of the Kyoto Protocol to Guarantee Climate Justice.
Camille Parrod

PART III: GOVERNANCE MODELS – LOOKING TO THE FUTURE
11. The Unbearable Tiredness of Sustainable Development (At Different Levels, Lately).
Nicola Lugaresi

12. Cap and Trade versus Carbon Tax to Mitigate Climate Change: One-Size-Fits-All Solution in China?
Ping Chen and Frank Maes

13. Environmental Law, Policy, and Governance: Environmental Management Systems for Cities.
Lye Lin-Heng

14. Sustainable Management, a Sustainable Ethic?
Trevor Daya-Winterbottom

15. Payment of Ecosystem Services in Brazil: Between Efficiency and Equity.
Ana Maria de Oliveira Nusdeo and Ana Luiza Garcia Campos

16. European Union Climate Law & Practice at the End of the Kyoto Era: Unilateralism, Extraterritoriality and the Future of Global Climate Change Governance.
Lorenzo Schiano di Pepe

17. Legal Challenges in the Creation of a World Environmental Organisation
Nils Goeteyn

Index
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