bluuebunny/crossref_metadata_2025_split huggingface dataset:
Negotiating the UN Convention on the Law of the Sea
Authors: Koh Tommy 
Published: July 2019

Abstract
The United Nations Convention on the Law of the Sea (UNCLOS) applies to 70 percent of the earth’s surface, creating a legal order for the world’s oceans. It promotes peace and cooperation. It supports the peaceful settlement of disputes and the rule of law. This chapter offers a practitioner’s account of the negotiating process that led to the adoption of UNCLOS, based on the author’s experience as President of the Third UN Conference on the Law of the Sea. Among the distinctive features of that Conference were (1) the treaty-making conference began without a draft and used a single negotiating text, (2) the role of unofficial private negotiating groups, and (3) the avoidance of voting. These features proved vital to the success of the Conference.
Participation of International Organizations in UN Treaties
Authors: Klabbers Jan 
Published: July 2019

Abstract
This chapter addresses some of the complexities of having regional economic integration organizations (above all the European Union) participate in treaty-making under UN auspices. Discussing conceptual matters such as how participation can take place (as full member, as observer, or anything in-between), it delves into some of the relevant legal issues on both sides of the equation: on the part of the regional economic integration organization as well as on the part of the UN and specialized agencies, devoting some attention to the solutions agreed upon within the framework of the Food and Agricultural Organization when it admitted the EU as a member in its own right. These include the delegation and distribution of treaty-making powers, negotiating mandates, and the like, as well as some practical matters. The discussion is situated against a backdrop of functionalist theorizing about the law of international organizations.
Value in Comparative Environmental Law—3D Cartography and Analytical Description
Authors: Lees Emma 
Published: July 2019

Abstract
This chapter explains the use of our three-dimensional but zoomed-out cartography—referred to as ‘model-thinking’—to identify, map, and organize the building blocks of environmental law. It begins with an overview of instrumentalism in legal analysis, taking into account the cultural contribution of rule of law and how it may clash with instrumental use of law. It then examines three challenges that the cartographical approach may encounter and shows how to avoid them. The chapter goes on to emphasize how legal culture shapes environmental protection, and environmental law more broadly. It also explores attitude towards compliance as part of legal culture, ‘rights-based’ thinking in legal culture, and the constitutionality of environmental law before concluding with a discussion of the importance of model-thinking in terms of adding value as a mode of legal analysis in the context of national environmental law.
Australia
Authors: Fisher Douglas 
Published: July 2019

Abstract
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.
Brazil
Authors: Benjamin Antonio Herman , Bryner Nicholas 
Published: July 2019

Abstract
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.
Canada
Authors: Wood Stepan 
Published: July 2019

Abstract
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 European Union
Authors: Gehring Markus , Phillips Freedom-Kai , Lees Emma 
Published: July 2019

Abstract
This chapter examines the environmental law of the European Union. It first provides an overview of the early development of EU environmental law and its Treaty bases before discussing the structure and substance of EU environmental law. In particular, it considers both the transversal elements of environmental law (environmental principles, access to information and justice, environmental impact assessment, principles of liability) and its regulation of various areas such as chemicals/waste, water, conservation, air pollution, and climate change. It also explores the EU’s indirect and other influences on the environmental law of its Member States, as well as the implementation framework for the EU environmental law. The chapter concludes with an analysis of the administration of European environmental law, with emphasis on the role of Member States in administrative enforcement and the role of the Court of Justice of the European Union in the development of environmental policy across the EU.
France
Authors: Neyret Laurent 
Published: July 2019

Abstract
This chapter examines the important aspects of environmental law in France. It first provides an overview of how powers are allocated with regards to environmental law in France, with particular emphasis on the major trends in the construction of environmental law such as its codification and constitutionalization and the expansion of environmental governance to private law instruments. The discussion then turns to the structure and substance of environmental law in France, taking into account private and public law instruments used in environmental protection. The chapter also analyses the application of environmental rules through the central government, local governments, specialized agencies, and courts. Finally, it looks at some selected issues which have been recently addressed in French environmental law, including the application of the precautionary principle, the remediation of ecological damage, the protection of the environment through criminal law, and the role of the private sector in protecting the environment.
India
Authors: Desai Bharat H. , Sidhu Balraj K. 
Published: July 2019

Abstract
This chapter examines the state of India’s environmental law. It first provides an overview of the allocation of powers with respect to environmental protection in India, taking into consideration the relevant constitutional provisions, before discussing the structure and substance of environmental law. In particular, it explores sectoral policy frameworks that complement the legislative provisions, along with a number of important laws that deal with environmental issues, including the Water (Prevention and Control of Pollution) Act of 1974, the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980, the Environment (Protection) Act of 1986, and the Public Liability Insurance Act of 1991. The chapter concludes with an analysis of the implementation framework for Indian environmental law, with emphasis on the role of the Ministry of Environment, Forests, and Climate Change; the Central Pollution Control Board; State Pollution Control Boards (SPCBs); and the judiciary.
Indonesia
Authors: Butt Simon , Murharjanti Prayekti 
Published: July 2019

Abstract
This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.
Atmospheric Pollution
Authors: Montini Massimiliano 
Published: July 2019

AbstractThis 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.
Environmental Regulation of Freshwater
Authors: Tarlock Dan 
Published: July 2019

Abstract
This chapter examines the environmental regulation of freshwater in both developed and developing countries. It first provides a historical background on the evolution of legal systems in developed and developing countries to address water pollution, including the emergence of the construct ‘normative river’, before discussing three water conservation regimes: the regulation of waste discharges into streams and lakes; the establishment of minimum or base flows in streams and levels in lakes; and the protection of wetlands connected to surface water bodies from loss through conversion to non-wetland cultivated or developed land. The basic instruments used in water pollution control are considered, along with national versus international regulation of waste stream discharges, reduction of effluent discharges, the growing recognition of environmental flows in national and international law, and the principle of equitable and reasonable utilization. The chapter concludes with an analysis of trends in the environmental regulation of freshwater.
Climate Change and Energy Transition Policies
Authors: Gundlach Justin , Gerrard Michael B. 
Published: July 2019

Abstract
This chapter focuses on policies designed to mitigate and adapt to climate change and policies that encourage transition away from fossil fuels and toward greater energy efficiency and low- or non-emitting energy sources. It describes categories into which countries’ legal and policy approaches to climate change and energy transition can be divided and illustrates them with select examples from various jurisdictions. The chapter also examines regulations and policies to address climate change and energy transition, the roles of key international agreements, and factors important to the effectiveness and transferability of policies. The discussion covers the scope and structure of law governing climate change and energy transition; policies at the national, sub-national, and local levels; executive and legislative roles; litigation over climate change policies; and substantive provisions relevant to energy efficiency and electrification, renewable energy, and nuclear energy.
Property Systems and Environmental Regulation
Authors: Rodgers Christopher P. 
Published: July 2019

Abstract
This chapter examines the impact of property rights on environmental regulation. It first considers a range of property paradigms and how they relate to environmental law, including entitlements-based models of property and resource allocation models of property, before turning to ‘public’ and ‘private’ conceptions of property. It takes note of the fact that environmental protection is a ‘public’ or communal interest, but assimilating public interest objectives into systems of property law based on notions of private right has been problematic, especially for Western systems. The chapter also analyses the interactions between ‘public’ interest and ‘private’ property rights; the role of customary law and cultural norms in the organization of property holding and resource use, using the Maori case as example; and how property structures foster environmental stewardship.
Adjudication Systems
Authors: Lees Emma 
Published: July 2019

Abstract
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.
Trading Schemes
Authors: Bogojević Sanja 
Published: July 2019

Abstract
This chapter examines market mechanisms as a regulatory concept in environmental law. Such mechanisms are employed to respond to a variety of environmental problems and they encompass a broad range of specific regulatory strategies. Yet their application is often assumed to yield universal outcomes and to take similar legal forms across jurisdictions. Focusing on the EU emissions trading scheme and the China pilot trading schemes as case studies, this chapter challenges this view, and makes an appeal for better use of comparative environmental law methodology in studying market mechanisms and their legal specificities.
Informational Requirements and Environmental Protection
Authors: Morrow Karen 
Published: July 2019

Abstract
This chapter discusses the role of informational requirements in environmental protection. It first provides an overview of the nature of informational requirements in environmental law before discussing the role of states in controlling environmental information. It then considers the new approach towards access to environmental information that has been adopted by Principle 10 of the Rio Declaration, the pursuit of regional international hard law on Principle 10, and key provisions of the Aarhus and draft United Nations Economic Commission for Latin America and the Caribbean (UNECLAC) Conventions relating to access to information. The chapter also explores the state-mandated public disclosure of information by companies as well as companies’ voluntary and selective disclosure of information before concluding with an analysis of some emerging issues relating to environmental information in the age of information technology.
Eco-labelling
Authors: Czarnezki Jason , Pollans Margot , Main Sarah M. 
Published: July 2019

Abstract
This chapter examines whether and how eco-labelling schemes, either public or private, can generate environmental benefits. Eco-labels are a form of informational regulation that have emerged as an alternative to traditional command and control regulation. Eco-labels have some potential to improve environmental outcomes, in part by educating consumers about environmental attributes of products and incentivizing product greening. The chapter first considers different types of eco-labels, focusing on label content and label governance, using examples from around the world. It then discusses the challenges that a labelling scheme must overcome in order to be a successful force for environmental change. In particular, it explores whether an eco-label will work (issues relating to labelling methodology, label legitimacy, and consumer behaviour) and concludes with an analysis of eco-labelling normative concerns (equity, consumerism, and ‘strong’ versus ‘weak’ sustainability).
Environmental Law and Private International Law
Authors: van Calster Geert 
Published: July 2019

AbstractThis chapter examines the relationship between environmental law and private international law (also known as ‘conflict of laws’, particularly in the common law), with particular emphasis on corporate social responsibility (CSR). The focus is on the roll-out of private international law in the specific context of suing corporations in attractive jurisdictions, for activities which those corporations have carried out abroad. The chapter first reviews developments in the United States and the European Union (EU) concerning conflict of laws, and particularly with regards to extraterritorial harms. More specifically, it analyses litigation in US courts on the basis of the Alien Tort Statute (ATS) and its implications for CSR, corporate liability under ATS, and the Supreme Court ruling in Kiobel v Royal Dutch Petroleum (2010). In the EU, the issues were about jurisdiction and applicable law for attributability/duty of care, and compliance strategies. The chapter discusses attribution in the context of competition law.
Environmental Law and Public International Law
Authors: Duvic-Paoli Leslie-Anne 
Published: July 2019

AbstractThis chapter examines how—and the extent to which—public international law influences domestic environmental law. It first considers the assumption that the domestic–international divide is relevant to understanding current legal processes in the field of environmental governance before exploring the status of international law within domestic systems. In particular, it discusses the theoretical frameworks used to explain how domestic legal systems relate to public international law, including the dualism versus monism dichotomy, and the main transposition techniques used to integrate international law into domestic legal systems. The chapter also describes the effects of international law within domestic law in terms of unit of analysis, types of incidence, and the beneficiaries of these effects. Finally, it looks at factors that influence a state’s approach to the interactions between its legal system relative to environmental protection and public international law.
The Posture of Words
Authors: Rambo Shelly 
Published: July 2019

Abstract
Growing research in trauma focuses on working trauma out of the body. This ‘somatic turn’ can minimise the role that narrative plays in healing. This piece imagines a coordination between writing, words, and the senses that is in line with the wisdom of longstanding religious traditions. It proposes that theopoetics positions us to release the negative grip of words while creating, through words, new paths of meaning.
Early science with the Large Millimetre Telescope: new mm-wave detections of circumstellar discs in IC 348 from LMT/AzTEC
Authors: Petersen Michael S , Gutermuth Robert A , Nagel Erick , Wilson Grant W , Lane James 
Published: July 2019

Abstract
We present the most complete sample of mm measurements of protoplanetary discs in the star-forming region IC 348 to date. New observations from the Large Millimetre Telescope and the 1.1 mm camera AzTEC are combined with literature results in order to characterize the disc population as relating to both stellar properties within the IC 348 region and across other star-forming regions. In addition to detecting 28 of 116 observed known infrared-excess sources, we detected emission from two previously unknown candidate transition discs in the region. When combined with literature results, we find evidence for a steeper-than-expected slope, on average, in disc spectral energy distributions at millimetre wavelengths in the IC 348 region. We show that the presence or absence of high-mass discs is a sensitive indicator of regional evolution, both among star-forming regions and within IC 348. In contrast, low-mass discs exhibit almost no apparent evolution within the first ∼5 Myr when compared among regions.
Asteroseismology of the DOV star PG 1159−035
Authors: Chen Y H 
Published: July 2019

ABSTRACT
Grids of DOV star models are evolved by wdec with fixed atmospheric constituent to the spectral values of XC/XHe/XO = 50/33/17. The core compositions are from white dwarf models at highest Teff evolved by mesa. The eigenfrequencies are calculated and used to fit the observed modes. Based on 264.1 h of photometric observations on PG 1159−035, Winget et al. identified 125 individual frequencies. Costa et al. identified 198 pulsation modes for PG 1159−035 according to the WET photometric data from 1983, 1985, 1989, and 2002. Both of them derived frequency splitting values of δσl = 1 ∼ 4.2 $\mu$Hz and δσl = 2 ∼ 6.9 $\mu$Hz. According to the values of δσl = 1 and δσl = 2, 20 triplets and 9 quintuplets are selected and used to constrain the fitting models. Our optimal model has Teff = 129 000 K, M* = 0.63 M⊙, log g = 7.59, log(Menv/M*) = −5.0, and σRMS = 1.97 s. The values of Teff and log g are consistent with that values of Córsico et al. The calculated modes of minimum rate of period change correspond to modes with maximum kinetic energy distributed in the envelope. The observed rates of period change with positive and negative values can also be partially reproduced. In particular, there are negative rates of period change for the calculated modes from our optimal model, which is not found in previous work.