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More About This Textbook
Overview
This book explores the future of international environmental law in a world of ever worsening environmental crises. It examines the success stories and failures of international environmental law and argues that future responses to global environmental crises will be more about good environmental governance than just more treaties and laws. Environmental governance will need to accommodate the needs and aspirations of peoples from developed and developing countries alike and will have to be based on decisions and actions by a vast range of actors and stakeholders —not just the nation-state that has traditionally dominated environmental diplomacy. This also suggests a need to be cognizant of the close links to other areas of international law, including human rights.
The Future of International Environmental Law tackles the major environmental challenges of our times including climate change, biodiversity loss, and polluction and overfishing of the oceans. It examines what we can learn from the implementation of existing international environmental laws over the past few decades. It also considers a range of emerging issues such as the management of the environmental challenges faced by the Arctic, nanotechnology, biofuels and synthetic genomics.
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Meet the Author
David Leary is a Senior Research Fellow in the Faculty of Law, University of New South Wales, Sydney, Australia.
Balakrishna Pisupati is Coordinator of the Biodiversity, Land Law and Governance Unit, and United Nations Environment Programme (UNEP) Focal Point for the Convention on Biological Diversity and the International Year of Biodiversity in the Division of Environmental Law and Conventions, UNEP, Nairobi, Kenya.
Table of Contents
Contributors vii
Preface x
1 Introduction David Leary Balakrishna Pisupati 1
Part I The experience to date 17
2 Climate change and pollution: Addressing intersecting threats to oceans, coasts and small island developing states Ann Powers 19
3 Biodiversity Susan Shearing 42
4 Implementation of environmental legal regimes at regional level: The case of the Mediterranean Sea Tullio Scovazzi 78
5 Non-lawyers and legal regimes: Public participation for ecologically sustainable development Donna Craig Michael Jeffery 103
6 Human rights and the environment Gudmundur Alfredsson 127
Part II International legal regimes in transition 147
7 Development and the future of climate change law Michael B. Gerrard Dionysia-Theodora Avgerinopoulou 149
8 A new ocean to govern: Drawing on lessons from marine management to govern the emerging Arctic Ocean Timo Koivurova Sébastien Duyck 179
9 Moving beyond the tragedy of the global commons: The Grotian legacy and the future of sustainable management of the biodiversity of the high seas Rosemary Rayfuse 201
Part III New emerging issues for international environmental law 225
10 Emerging technologies: Nanotechnology David Leary Balakrishna Pisupati 227
11 Legal frameworks for emerging technologies: Bioenergy Richard L. Ottinger Victor M. Tafur 247
12 Synthetic biology and synthetic genomics Michele S. Garfinkel Robert M. Friedman 269
13 Conclusion David Leary Balakrishna Pisupati 292
Index 296