The Oxford Handbook of International Environmental Law

Description

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 67 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.

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 Peel
Part I - Context
2:Discourses, John S. Dryzek
3:Origin and History, Peter H. Sand
4:Multi-level and Polycentric Governance, Jeffrey L. Dunoff
5:Fragmentation, Margaret A. Young
6:Instrument Choice, David M. Driesen
7:Scholarship, Duncan French and Lynda Collins
8:Legal Imagination and Teaching, Elizabeth Fisher
Part II - Analytical Approaches
9:International Relations Theory, Peter Lawrence
10:Economics, Michael Faure
11:Global South Approaches, Sumudu Atapattu
12:Feminist Approaches, Rowena Maguire
13:Ethical Considerations, Alexander Gillespie
14:Earth Jurisprudence, Cormac Cullinan
15:The Role of Science, Sam Johnston
Part III - Conceptual Pillars
16:Harm Prevention, Jutta Brunnée
17:Sustainable Development, Jorge E. Viñuales
18:Precaution, Jacqueline Peel
19:Differentiation, Philippe Cullet
20:Equity, Werner Scholtz
21:Public Participation, Jonas Ebbesson
22:Good Faith, Akiho Shibata
Part IV - Normative Development
23:Customary International Law and the Environment, Pierre-Marie Dupuy, Ginevra Le Moli, and Jorge E. Viñuales
24:Multilateral Environmental Treaty Making, Daniel Bodansky
25:Soft Law, Alan Boyle
26:Private and Quasi-Private Standards, Joanne Scott
27:Judicial Development, Cymie R. Payne
Part V - Subject matter
28:Transboundary Air Pollution, Phoebe Okowa
29:Climate Change, Lavanya Rajamani and Jacob Werksman
30:Freshwater Resources, Salman M. A. Salman
31:Marine Environment: Pollution and Fisheries, Adriana Fabra
32:Wildlife, Annecoos Wiersema
33:Hazardous Substances and Activities, David A. Wirth and Noah M. Sachs
34:Aviation and Maritime Transport, Beatriz Martinez Romera
Part VI - Actors
35:The State, Thilo Marauhn
36:International Institutions, Ellen Hey
37:Regional Organisations: The European Union, Sandrine Maljean-Dubois
38:Non-State Actors, J. Michael Angstadt and Michele Betsill
39:Subnational Actors, Hari M. Osofsky
40:Epistemic Communities, Peter M. Haas
41:Business and Industry, Benjamin J. Richardson and Beate Sjåfjell
42:Indigenous Peoples, Jacinta Ruru
Part VII - Inter-linkages with other regimes
43:Trade, Harro van Asselt
44:Investment, Kate Miles
45:Human Rights, John H. Knox
46:Migration, Walter Kälin
47:Disaster, Robert R.M. Verchick and Paul Rink
48:Intellectual Property, Lisa Benjamin
49:Energy, Catherine Redgwell
50:Armed Conflict, Carl Bruch, Cymie R. Payne, and Britta Sjöstedt
Part VIII - Compliance, Implementation and Effectiveness
51:Compliance Theory, Ronald B. Mitchell
52:Transparency Procedures, Tom Sparks and Anne Peters
53:Market Mechanisms, Michael A. Mehling
54:Financial Assistance, Laurence Boisson de Chazournes
55:Technology Assistance and Transfers, Shawkat Alam
56:Non-Compliance Procedures, Meinhard Doelle
57:Effectiveness, Steinar Andresen
58:International Responsibility and Liability, Christina Voigt
59:National Implementation, Alice Palmer
60:International Environmental Law Disputes before International Courts and Tribunals, Natalie Klein
Part IX - International Environmental Law in National/Regional Courts
61:Africa, Louis J. Kotzé
62:China, Jolene S. Lin
63:EU/UK, Eloise Scotford
64:India, Bangladesh, and Pakistan, Shibani Ghosh
65:North America, Natasha Affolder
66:Oceania, Tim Stephens
67:South America, Maria Antonia Tigre