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This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within the context of value-driven decision-making. It then explores the challenges raised by environmental litigation and their impact on environmental adjudication systems, along with various responses to them. It also describes different models for judicial adjudication of environmental disputes that take into account jurisdictional specialization, judicial specialization, scope and hierarchy of the court’s review, specialist cost and standing rules, and access to legal and scientific advice. Case studies are is used to illustrate bespoke solutions to environmental adjudication. The chapter concludes with an analysis of the relative merits of the adjudicative models mentioned above, and what this implies about environmental adjudication in general.

This chapter reflects on examples where some domestic and regional African courts have engaged directly and indirectly with international environmental law (IEL). Generally speaking, African states have had and continue to have a tenuous and/or superficial relationship with IEL. Having said this, Africa is also a site for innovation and progressive development in the area of IEL, especially through the work of the courts. Regional quasi-judicial institutions are pioneering the innovative jurisprudential development of environmental norms, while domestic African courts are increasingly, either directly or indirectly, interpreting, applying, and further refining IEL. Collectively, while one must be wary of the challenges and barriers to the implementation of IEL, such innovation bodes well for the potential and gradual development of a more amicable and constructive relationship between IEL and Africa.

This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.

This chapter examines the role of environmental assessment (EA) in mediating between the scientific, political, and normative elements within environmental decision-making. It first provides an overview of the origins of EA and how it spread worldwide before considering the different theoretical models that have been developed to explain the structure and role of EA as an institutionalized approach to environmental decision-making. It then discusses the elements of environmental impact assessment (EIA) as a policy instrument, namely: application, screening, scoping, participation, decisions, and follow-up and monitoring. The chapter concludes with an analysis of the convergence and divergence in EA practice and how the diverging approaches to EA may affect the degree or type of influence that assessment processes have on environmental outcomes.

What is ‘atmosphere’ and what is ‘outer space’? The term ‘atmosphere’ is sometimes used interchangeably with ‘air’. Moreover, it is often assumed that ‘outer space’ is simply the area above and beyond ‘air space’ (another term often used). While understandings such as these are certainly reasonable for most discussions, the effective development of international environmental law may well demand more precise definitions. This article provides an overview of key atmospheric and outer space environmental challenges that have been – and continue to be – addressed by international environmental law. It examines transboundary air pollution, ozone layer depletion, global climate change, and outer space. For each of these issue areas, the article describes a particular environmental problem (or set of environmental problems). It also reviews key elements of the international legal response (including especially significant agreements), focusing on innovative approaches taken as part of this response. In addition, the article discusses transboundary transport of industrial pollutants as well as major industrial accidents.

This chapter examines atmospheric pollution legislation from a comparative perspective. It begins with a discussion of the definition and legal boundaries relevant to atmospheric pollution, citing a few events which raised the attention on air pollution issues in different national jurisdictions. It then provides a brief overview of the regulatory regime for air pollution that exists at the international level before analysing air pollution control in a transboundary context. It also compares three models of regulatory intervention and areas of activity: the European Union, the United States, and China. In particular, it describes the most relevant features contained in the legislation developed within those three jurisdictions to address air pollution. Finally, it explores four air pollution issues in the European Union, the United States, and China, namely: the regulatory system for air pollution control, legislative approach to air pollution control, instrument choice, and the role of courts.

This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, taking into account the law’s constitutional basis, and more specifically the division of legislative capacity between the states and the Commonwealth, as well as the relationship between Commonwealth and state legislation in practice. It then considers environmental protection, with a focus on protection from pollution and harm, conservation of environmental values, and the emergence of a complex system to facilitate ecologically sustainable development. It also analyses the implementation framework for Australian environmental law, emphasizing the importance of credible information and analysis in making decisions about the future use of the environment and about past actions impacting on it. Finally, it explores the nature of sanctions and remedies, including compliance with liability rules and decision-making rules as well as the nature of environmental litigation.

This chapter focuses on the main environmental issues relating to aviation and maritime transport, and the key international legal and regulatory frameworks and tools in place to address them. The environmental regulation of aviation and maritime transport activities is orchestrated primarily under the auspices of the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), two United Nations (UN) specialized agencies dealing with all aspects of aviation and maritime transport, respectively. However, the environmental governance of aviation and maritime transport also encompasses actors, processes, and instruments outside these regimes, and interactions with other treaty-based regimes. The chapter then examines the specific regulation of different environmental matters. It also looks at the key issues and pathways for the sustainable future of these sectors.

In the past century, a large number of bilateral, regional, and global agreements have been adopted relating to the protection, preservation, conservation, and management of the Earth's terrestrial and marine species and genetic resources. Despite the vast amount of international law relating to the conservation of biological resources, species, habitat, and genetic diversity loss is now considered to be reaching crisis proportions, with potentially catastrophic consequences for humankind. This article examines the current international legal regime for the protection of the Earth's biological resources. It begins with a discussion of the meaning of the term ‘biological resources’, the philosophical rationales for their protection, and the theoretical approaches thereto. The article then examines the various legal regimes and regulatory measures that have been adopted. The types of regimes for the conservation of biological resources include the regulation of harvest (harvest of species and genetic resources), habitat protection, and regulation of trade (control of exploitation and introduction of alien or invasive species). The article also considers measures regulating direct threats and indirect threats.

This chapter examines Brazil’s environmental law. It first provides an overview of Brazil’s constitutional structure as it relates to federalism and the environment, taking into account how the Constitution grants federal (and state) ownership of and power to manage certain natural resources. It then considers the structure and substance of environmental law in Brazil, focusing on the major bodies of law such as the National Environmental Policy Act of 1981, the Forest Code (2012), and those dealing with protected areas, environmental crimes, water, climate change, and solid waste. The chapter goes on to discuss the implementation framework for Brazil’s environmental law, including administrative and judicial bodies, as well as the special and important role of environmental public prosecutors and the judiciary. Finally, it analyses the application of law in combating unsustainable deforestation and land use changes in the Amazon.

This chapter examines the climate change policy of Brazil. In 2010 at the Sixteenth Conference of Parties in Cancún, Brazil announced its voluntary national target of significantly reducing greenhouse gas (GHG) emissions between 36.1 per cent and 38.9 per cent of projected emissions by 2020. These targets were defined in the Brazilian National Policy on Climate Change (PNMC). The PNMC establishes principles, guidelines, and economic instruments for reaching the national voluntary targets. It relies on sectoral plans for mitigation and adaptation to climate change in order to facilitate the move towards a low-carbon economy. The PNMC defined various aspects related to the measurement of goals, formulation of sectoral plans and of action plans for the prevention and control of deforestation in all Brazilian biomes, and governance structure.

Business has a central role in international environmental law. Both treaties and treatises regard private economic actors as secondary players, and see states as the overwhelmingly dominant targets and prescribers of environmental law. This article examines the roles and goals of business entities with respect to international environmental law. It then considers how international law has accommodated the place of business in environmental policy with respect to two key issues: corporations as the target of legal obligations; and corporations as participants in the process of international environmental law, particularly with respect to law making and implementation. The article also looks at business-initiated non-governmental organisations, both those composed of, or representing, businesses within one state, as well as those with a more international profile. It examines business and environmental regulation, focusing on two visions of international business. Finally, the article analyses business as the target of international environmental law duties, civil liability conventions, soft regulation, corporations as prescribers of norms, monitoring and enforcement of business behaviour, and litigation.

This chapter studies how, in the study of international environmental law, business corporations are typically viewed as actors under the auspices of various regulatory regimes developed by nation-states, or recognized as having some tacit influence over the agenda setting and implementation of such regimes. This perspective might also acknowledge the limited accountability of corporations under international law. Another perspective is the business sector's initiative in shaping its own environmental agenda, often in the name of ‘corporate social responsibility’ (CSR). The chapter then surveys the role of corporate law and corporate governance in shaping environmental performance, and introduces the goals, mechanisms, and actors of the global CSR movement. It examines the governance of business in international environmental law, including corporate liability for wrongdoing. The chapter also looks at examples of new forms of multi-stakeholder environmental collaboration involving the business sector.

This chapter surveys Canadian environmental law, including the allocation of environmental powers, the choice of regulatory models, and the implementation of environmental laws. Notable Canadian accomplishments include broad municipal powers, pioneering experimentation with sustainability assessment, North American leadership on carbon taxes, and a history of innovation with indigenous land claims. Overall, however, the chapter challenges Canada’s image as an environmental law leader, documenting its timid version of environmental federalism, generally conservative judiciary, limited policy imagination, feeble pursuit of environmental justice, excessive levels of administrative discretion, frequent bouts of deregulation and fiscal austerity, and largely rhetorical embrace of environmental rights, the polluter-pays principle, the precautionary principle, and sustainable development. Against this background, Canadian indigenous peoples are vigorously reasserting their environmental sovereignty and laws. Reconciliation between settler and indigenous societies is amongst the greatest challenges and opportunities facing Canadian environmental law today.

The capture and long-term storage of carbon dioxide from power plants and other industrial installations may prove a key technology in climate change abatement strategies. Regulatory frameworks for carbon capture and storage (CCS) are now being developed in a number of jurisdictions. The European Union produced the first comprehensive legislation on the subject in 2009, which provides a compelling example of challenges associated with the design of regulation dealing with a novel technology. This chapter identifies three issues, each of which reflects aspects of regulatory legitimacy: the extent to which states within a federal or quasi-federal system should have the legal discretion to reject a technology; the way in which regulation provides for opportunities for public participation and engagement in issues concerning the new technology; and whether, and at what point, the state should assume responsibility for storage sites, given the long timescales necessary for secure storage.

This chapter examines the phenomenon of carbon leakage, which is an increase in carbon emissions as a result of businesses moving to other states without carbon reduction measures. Pursuant to the commitments established by the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol, many developed states imposed numerous greenhouse gas emission (GHG) targets, while most developing countries have not adopted any carbon reduction measures. Carbon leakage remains an area of great concern to states and industries seeking to reduce carbon emissions, as it has the potential to undermine the effectiveness of carbon reduction measures and hurt the competitiveness of the industries that decide to remain in those states. The chapter outlines the measures taken to combat carbon leakage. Specifically, it highlights carbon leakage prevention measures under the European Union Emissions Trading Scheme and under similar carbon regulation measures in South Africa and the United States.

This chapter assesses the legal regime of the Caribbean Sea and Gulf of Mexico. It first examines regional maritime claims before reviewing marine activities, environment, and resources within the Caribbean. It then considers the current status of the delimitation of maritime boundaries in the Caribbean Sea, through agreements as well as judicial settlement. It highlights remaining problems and provides some concluding observations.

This chapter assesses the legal regime of the Caribbean Sea and Gulf of Mexico. It first examines regional maritime claims before reviewing marine activities, environment, and resources within the Caribbean. It then considers the current status of the delimitation of maritime boundaries in the Caribbean Sea, through agreements as well as judicial settlement. It highlights remaining problems and provides some concluding observations.

This chapter presents a historical and policy cartography of environmental education. It begins with a brief historical overview of significant environmental education initiatives, focusing on how they became part of a highly political and intergovernmental agenda and how the concept of sustainable development has infiltrated the field of environmental education. It then considers the neoliberal relationship between environmental education and sustainable development before providing a cartography of environmental education policies and an analysis of ‘currents’ (the complex and evolving perspectives and pedagogies) in the field. Two case studies of environmental education are discussed, namely, the Climate Change + Me project in Australia and the story of a teacher named Rose in Bangladesh who inspired environmental consciousness and sustainable practices amongst her students.

This chapter presents a cartography of environmental human rights, with particular emphasis on the current and potential contribution of human rights in augmenting global environmental protection and justice. It first provides a short account of the relationship between human rights and the environment, including the increased popularity of human rights as environmental protection measures, and explains the reasons the convergence between them. It then considers the historical milestones in the development of environmental human rights, along with the different manifestations of the rights-based approach (substantive political environmental rights, socio-economic environmental rights, procedural environmental rights, substantive right to a healthy environment, and rights of nature). Specific examples in international, regional, and domestic law where these forms of the rights-based approach occur are given. The chapter concludes with a discussion of three overarching criticisms of environmental human rights, one of which asserts that rights-based approaches have been ineffective in securing human rights.