The Oxford Handbook of International Environmental Law

by Lavanya Rajamani (Editor), Jacqueline Peel (Editor)

Overview

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 68 chapters authored by 76 renowned experts in their fields.

The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

Product Details

ISBN-13:	9780198849155
Publisher:	Oxford University Press
Publication date:	10/12/2021
Series:	Oxford Handbooks
Edition description:	2nd ed.
Pages:	1232
Product dimensions:	9.85(w) x 7.02(h) x 2.16(d)

About the Author

Professor Lavanya Rajamani is a leading, internationally-recognized expert in the field of international environmental law, in particular climate change law. Her scholarship focuses on a range of issues relating to environmental treaty-making, interpretation, and implementation. Her last co-authored book, International Climate Change Law (OUP, 2017) won an American Society of International Law book prize, and she delivered a prestigious special course at the Hague Academy of International Law in 2018 on 'Innovation and Experimentation in the International Climate Change Regime'. Her scholarly work is informed by her engagement in the UN climate regime, as a negotiator, expert interlocutor and legal advisor to the UNFCCC, and to national governments. She was part of the UNFCCC core drafting and advisory team for the 2015 Paris Agreement.

Professor Jacqueline Peel is a leading, internationally-recognised expert in the field of environmental and climate change law. Her scholarship on these topics encompasses international, transnational, and national dimensions, as well as interdisiplinary aspects of the law/science relationship in the environmental field and risk regulation. She has published extensively on these topics and also contributed to international policy bodies working in the field such as the International Law Association, International Bar Association, and the Intergovernmental Panel on Climate Change, Working Group III for the Sixth Assessment Report.

Table of Contents

1. International Environmental Law: Changing Context, Emerging Trends and Expanding Frontiers, Lavanya Rajamani and Jacqueline PeelPart I - Context2. Discourses, John S. Dryzek3. Origin and History, Peter H. Sand4. Multi-level and Polycentric Governance, Jeffrey L. Dunoff5. Fragmentation, Margaret A. Young6. Instrument Choice, David M. Driesen7. Scholarship, Duncan French and Lynda Collins8. Legal Imagination and Teaching, Elizabeth FisherPart II - Analytical Approaches9. International Relations Theory, Peter Lawrence10. Economics, Michael Faure11. Global South Approaches, Sumudu Atapattu12. Feminist Approaches, Rowena Maguire13. Ethical Considerations, Alexander Gillespie14. Earth Jurisprudence, Cormac Cullinan15. The Role of Science, Sam JohnstonPart III - Conceptual Pillars16. Harm Prevention, Jutta Brunnée17. Sustainable Development, Jorge E. Viñuales18. Precaution, Jacqueline Peel19. Differentiation, Philippe Cullet20. Equity, Werner Scholtz21. Public Participation, Jonas Ebbesson22. Good Faith, Akiho ShibataPart IV - Normative Development23. Customary International Law and the Environment, Pierre-Marie Dupuy, Ginevra Le Moli, and Jorge E. Viñuales24. Multilateral Environmental Treaty Making, Daniel Bodansky25. Soft Law, Alan Boyle26. Private and Quasi-Private Standards, Joanne Scott27. Judicial Development, Cymie R. PaynePart V - Subject matter28. Transboundary Air Pollution, Phoebe Okowa29. Climate Change, Lavanya Rajamani and Jacob Werksman30. Freshwater Resources, Salman M. A. Salman31. Marine Environment: Pollution and Fisheries, Adriana Fabra32. Wildlife, Annecoos Wiersema33. Hazardous Substances and Activities, David A. Wirth and Noah M. Sachs34. Aviation and Maritime Transport, Beatriz Martinez RomeraPart VI - Actors35. The State, Thilo Marauhn36. International Institutions, Ellen Hey37. Regional Organisations: The European Union, Sandrine Maljean-Dubois38. Non-State Actors, J. Michael Angstadt and Michele Betsill39. Subnational Actors, Hari M. Osofsky40. Epistemic Communities, Peter M. Haas41. Business and Industry, Benjamin J. Richardson and Beate Sjåfjell42. Indigenous Peoples, Jacinta RuruPart VII - Inter-linkages with other regimes43. Trade, Harro van Asselt44. Investment, Kate Miles45. Human Rights, John H. Knox46. Migration, Walter Kälin47. Disaster, Robert R.M. Verchick and Paul Rink48. Intellectual Property, Lisa Benjamin49. Energy, Catherine Redgwell50. Armed Conflict, Carl Bruch, Cymie R. Payne, and Britta SjöstedtPart VIII - Compliance, Implementation and Effectiveness51. Compliance Theory, Ronald B. Mitchell52. Transparency Procedures, Tom Sparks and Anne Peters53. Market Mechanisms, Michael A. Mehling54. Financial Assistance, Laurence Boisson de Chazournes55. Technology Assistance and Transfers, Shawkat Alam56. Non-Compliance Procedures, Meinhard Doelle57. Effectiveness, Steinar Andresen58. International Responsibility and Liability, Christina Voigt59. National Implementation, Alice Palmer60. International Environmental Law Disputes before International Courts and Tribunals, Natalie KleinPart IX - International Environmental Law in National/Regional Courts61. Africa, Louis J. Kotzé62. China, Jolene S. Lin63. EU/UK, Eloise Scotford64. India, Bangladesh, and Pakistan, Shibani Ghosh65. North America, Natasha Affolder66. Oceania, Tim Stephens67. South America, Maria Antonia Tigre

Editorial Reviews

"While Earth's natural systems deteriorate, environmental laws are applied in dynamic, contradictory, but always compelling ways. Stakeholders urgently seek guidance about how such laws will fulfill the UN Sustainable Development Goals by 2030, or to cope with impacts of climate disruption, toxic chemical pollution, or biodiversity loss. This masterfully revised edition fills this need. Rajamani and Peel have orchestrated succinct yet comprehensive briefings by leading experts, elucidating how many actors are reshaping international law across sectors. This new Handbook makes clear how environmental law today governs all relationships, whether commercial transactions, geo-political security, or access to food and natural resources. It belongs on every lawyers' desk." — Nicholas A. Robinson, Executive Governor, International Council of Environmental Law, Kerlin Distinguished Professor of Environmental Law Emeritus, Elisabeth Haub School of Law at Pace University

"In this new edition of The Oxford Handbook of International Environmental Law, Rajamani and Peel, masterfully capture the rapid changes and ongoing maturing that characterize the field. In exploring both the boundaries of the field and the substantive and normative dilemmas that define its contours, the second edition deftly weaves together the perspectives of a rich and diverse group of scholars working at the forefront of this quickly evolving area of law. The depth of coverage is at once stunning and aptly reflective of the richness of the field itself. The new edition will shape how we think about the field of international environmental law for years to come. It is foundational in the field and a must-read for all scholars of environmental law." — Cinnamon Carlane, Alumni Society Designated Professor of Law, Ohio State University Moritz College of Law

"The Second Edition presents a thoughtful yet provocative analysis of the advancement of international environmental law as a legal discipline. This work by Rajamani and Peel examines not only the foundational principles of international environmental law but also its expansion to other areas of international law. This volume distinguishes itself from the first edition by focusing on a critical reflection on the evolution of this dynamic field of international law. I would consider The Oxford Handbook of International Environmental Law: Second Edition as an essential reading for those who are interested in international environmental law. This is a highly recommended reading material for all scholars, students, legal practitioners and advocates, and policymakers alike." — Rose-Liza Eisma-Osorio, Chairperson, Governing Board, IUCN Academy of Environmental Law, 2019 - present

"What a diverse publication! —diversity of contributing scholars and experts, regions covered, and topics and issues addressed. Kudos to the fantastic editors Lavanya and Jackie.

What fascinated me about this publication was its clear discussion of how feminist approaches, ethical considerations, human rights values, and disaster and conflict management have a role to play in environmental and climate law, along with science, technology, trade, and intellectual property. This publication acknowledges the elephant in the room, is international environmental law fit for purpose? It then explores legal experimentation and judicial exploration in expanding the bounds of seemingly limiting international environmental law. Hence, if like me, you are someone who likes to push boundaries, I will add this book to this week's reading list." — Irum Ahsan, Senior Counsel, Asian Development Bank

"In this intellectual tour de force, Professors Rajamani and Peel have assembled more than seventy of the world's leading experts to provide critical and compelling insights into the promise and pitfalls of using international law to tackle today's unprecedented global environmental crisis. An essential masterwork that will assist every student, scholar, policy-maker, lawyer and judge interested in this field." — David Boyd, UN Special Rapporteur on Human Rights and the Environment

"A work of supreme importance for our times, bringing together writers and thinkers on the cutting edge, one that offers a truly global and balanced perspective on all matters ecological." — Philippe Sands, Q.C., Matrix Chambers, and Professor of Laws and Director of the Centre on International Courts and Tribunals at University College

"International environmental law is such a sprawling and rapidly developing area that venturing into it can feel like wandering around a cave with just a candle, glimpsing only fragments of the whole. This handbook illuminates the entirety, and from multiple angles. Lavanya Rajamani and Jacqueline Peel have done a great service by assembling a dazzling array of leading experts from around the globe, and creating a reference that will be invaluable to anyone interested in any aspect of the field, and will also open readers' eyes to issue areas they did not know even existed." — Michael B. Gerrard, Professor and Director, Sabin Center for Climate Change Law Columbia Law School

"This Handbook, edited by leading international environmental law scholars, Lavanya Rajamani and Jacqueline Peel, is a major achievement and a truly field-defining work. The 2nd edition is extraordinary in terms of breadth and depth of coverage of international environmental law issues. It arrives at a time of great need for expertise and knowledge as the globe confronts multiple environmental crises. The Handbook will be an invaluable publication to academics, students, diplomats and the legal profession, particularly judges" — Antonio Herman Benjamin, Professor and Justice, National High Court of Brazil. Founder of the Global Judicial Institute on the Environment

"This comprehensive volume is a must-read for novices and experts alike. It surveys the field of international environmental law from a wide range of perspectives, offering nuanced, cutting-edge analysis as well as considered reflection. The breadth of contributions reflects the evolution of international environmental law in recent years, and its intersections with other areas of law and policy. The book is an invaluable resource for academics, students, and practitioners." — Professor Jane McAdam, Scientia Professor of Law, Director, Andrew & Renata Kaldor Centre for International Refugee Law

"A work of outstanding scholarship that redefines the frontiers of international environmental law offering creative ways to combat the defining environmental challenges of our times including climate change. Covid-19 further underlines its monumental significance. It is now for us to judicialize these emerging trends and evolve jurisprudence that places Nature at the heart of planetary justice. It is now or never!" — Justice Syed Mansoor Ali Shah, Judge, Supreme Court of Pakistan, Islamabad

"This is a remarkable collection of expert scholarship and represents a serious and collective effort to understand the potential and actualities of international environmental law. The breadth, depth and jurisdictional reach of the handbook is impressive, directing us towards vital legal responses and roles. It is a hugely ambitious and accomplished work, and, most notably, achieves the aim of giving priority to underrepresented perspectives and voices." — Jane Holder, Professor of Environmental Law, UCL Faculty of Laws, University College London

"Too lofty and loquacious or too prosaic and particular, these are the Scylla and Charybdis that wreck so many writings on international environmental law. Rajamani and Peel's edited Handbook on International Environmental Law sails safely through the Strait of Messina, skilfully skirting both perils. The book is comprehensive yet considerate in coverage, logical in structure, limpid in style, and perspicacious in analysis. This indeed is a handy handbook on international environmental law." — The Hon Justice Brian J Preston FRSN SC

"I am delighted to welcome the second edition of the Oxford Handbook. It comes at a time of unprecedented challenges for the world legal community in dealing with the many threats to our environment. The range of subjects covered is comprehensive and the quality of the contributions of the highest order. I congratulate the editors in having brought this great and much-needed work to a successful conclusion." — Lord Robert Carnwath, (former Justice of the UK Supreme Court)

From the Publisher