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Conflicts in Environmental Regulation and the Internationalisation of the State

Author: Ulrich Brand

Publisher: Routledge

Published: 2008-04-24

Total Pages: 357

ISBN-13: 1134050364

This book examines the global regulation of biodiversity politics through the UN UNConvention on Biological Diversity (CBD), the WTO and other international treaties. Using historical-materialist state and regulation theory, it assesses how the discourse and politics of sustainable development have contributed to the internationalisation of the state. The authors argue that sustainable development, far from being a fixed concept, is a conceptual terrain on which different and conflicting symbolisations of and solutions responses to of the ecological crisis struggle for hegemony. Furthermore, it shows that the international multilateral environmental organisations agreements are not at all a means to counteract neoliberal globalisation but, on the contrary, form an integral part of the ongoing transformation process. Focussing on the UN Convention on Biological DiversityCBD, the FAO International Treaty on Plant Genetic Resources for Food and Agriculture and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organisation, this co-authored volume addresses the following issues: state theory, regulation theory and International Political Economy biodiversity protection and valorisation of genetic resources access to genetic resources and sharing of benefits which arise out of its use enforcement of intellectual property rights and their impact on biodiversity. This book will be of interest to students and scholars of international politics, international political economy, environmental studies, development studies and political ecology.

Conflicts in International Environmental Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2003-07-22

Total Pages: 236

ISBN-13: 9783540405207

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This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

The Conflict Over Environmental Regulation in the United States

Author: Frank T. Manheim

Publisher: Springer Science & Business Media

Published: 2008-11-30

Total Pages: 323

ISBN-13: 0387758771

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in Congress – are not considered, they may affect future energy programs just as they have past programs. Finally, potentially ruinously costly increases in energy imports force attention to the problem of how major public policy plans have been and are prepared in the United States. A witches’ brew of some 500 energy bills proposed in the 110th C ongress in the House and Senate is now being stirred up. This “inspirational” approach to public policymaking bears little resemblance to the thoughtful way critical policies have been developed in the EU. A change of the way major national planning is undertaken may do more than anything else to bring facts and reality into play, reduce hostilities, open up cooperation, new resources, technologies, creative energies, and productivity toward energy policy transitions. Chapter 6 Foreign Experience 6. 1 The European Union and Other Nations Take the Lead “The EU has pioneered a new form of post-national government, in which nation-states pool some of their sovereignty for the common good. Many of its admirers see this as a useful potential model for Southeast Asia, the Indian subcontinent, China-Taiwan, Latin America, parts of Africa and so on. The EU takes some issues, like human rights, global warming and the fostering of an international system of justice, with admirable seriousness . . . . . . Considering the kind of Europe it replaced, the EU has been an almost miraculous success (Walker, 2007).

Environmental Policy in an International Context

Author: Peter Sloep

Publisher: Elsevier

Published: 1996-03-29

Total Pages: 272

ISBN-13: 0080531164

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Volume two considers major environmental issues using individual case studies from around the world as illustrations. These case studies explore the causes of international environmental issues and investigate the conflicts that hamper these solutions. The case studies address such problems as intensive farming, overpopulation, deforestation, climate change and waste disposal. Each case study also looks at policy and management of these international environmental issues. The case studies span the globe, encompassing the Western world as well as the former Eastern Bloc and developing countries in Africa and South East Asia. A critical and analytical look at contemporary environmental issues Aimed to provide a body of knowledge to social and natural scientists A multi-disciplinary approach

Conflicts in International Environmental Law

Author: Rüdiger Wolfrum

Publisher: Springer

Published: 2003-08-05

Total Pages: 0

ISBN-13: 9783662051139

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Bridging the Gap Between International Investment Law and the Environment

Author: Yulia Levashova

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9789462365872

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This book addresses the topical question on how national and international environmental concerns could be adequately integrated into international investment law. It covers the question whether international investment law restricts state sovereignty in an unacceptable way - in particular, the freedom of host states to develop national policies and regulation for the improvement of the environment. The book first analyzes the interaction between international investment law and the protection of the environment, on the basis of concepts such as sustainable development, fair and equitable treatment, and international responsibility. Secondly, several chapters discuss challenges which are encountered in attempts to integrate environmental concerns in investment policies in specific sectors and regions (e.g. climate change, water pollution, renewable and nuclear energy, and the European Union region). And, finally, specific case studies illustrate the legal and policy tensions between investment law and environmental protection, namely Vattenfall's disputes with Germany, legal clashes between Chevron and Ecuador, and multinational mining companies' conflicts in Indonesia. The contributions are written by international experts and will be of interest to policy makers and practitioners. *** Librarians: ebook available (Series: Legal Perspectives for Global Challenges - Vol. 4) [Subject: International Law, Investment Law, Environmental Law]

Perspectives on Environmental Conflict and International Relations

Author: Jyrki Käkönen

Publisher: Burns & Oates

Published: 1992

Total Pages: 184

ISBN-13:

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The Internationalization of Internal Conflicts

Author: Amy L. Freedman

Publisher: Routledge

Published: 2016-04-29

Total Pages: 288

ISBN-13: 1134904355

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Internal security crises, from environmental disaster, extreme poverty and deprivation, armed conflicts, or ethnic or religious conflict, provide sites of opportunity for those seeking to internationalize conflicts. Domestic conflicts in Africa, the Middle East, and Southeast Asia have started as internal problems, but have taken on regional and international dimensions as parties to the conflict within the country and sympathetic external forces have joined forces with each other for mutual gain. This book examines the international dimension to internal conflicts and asks: under what conditions do domestic conflicts become opportunities for regional or global actors to become involved? Why have some countries been able to successfully deal with this problem while others have not? Who are the actors who seek to internationalize conflicts? Why and with what means do they become involved and how do their agendas get internalized/localized? Cases include: the separatist movements in the Philippines, Southern Thailand, Aceh (Indonesia); and the civil wars in Rwanda/Congo, and Sierra Leone/Liberia, Lebanon, and Iraq. This book finds that a combination of greater democratization internally, coupled with constructive outside mediation efforts, can produce conditions necessary to prevent conflicts from escalating or diffusing, and can facilitate peace-building. Several chapters in this book were originally published as a special issue of Asian Security.

Ecological Sensitivity and Global Legal Pluralism

Author: Oren Perez

Publisher:

Published: 2004

Total Pages: 290

ISBN-13: 9781472563019

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"The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective."--Bloomsbury Publishing.

Land Conflicts in Southeast Asia

Author: Catherine J. Iorns Magallanes

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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This material was originally published as three chapters in the book (now out of print) of the same name. The book examines a representative range of conflicts of land and resources in Southeast Asia, and standards and laws that the international community has devised which could be relevant to their resolution. It emphasises in particular relevant standards concerning human rights and environmental protection. This excerpt contains the Introduction, the chapter by Catherine Iorns on international law, and the book's Conclusion. The Introduction outlines the then current conflicts over land and resources in Southeast Asia, factors which lead to their internationalisation, the relevance of international laws, and the analytical framework that the various contributors in the book use in order to discuss the conflict case studies. The chapter on international law outlines the international legal framework in relation to ownership and use of land and resources within states. It discusses state sovereignty and limitations on it that are relevant to the matters raised in the book. It discusses the rights of indigenous peoples to land and resources, as conflict over these was a feature common to several of the case studies. It also discusses relevant aspects of international environmental law. The Conclusion utilises the analytical framework to make comments across the case studies about the levels at which disputes arise and the use of international dispute resolution mechanisms. It makes comments about the relevance and utility of international law for such disputes. And it makes suggestions for non-violent action at national and international levels for prevention and resolution of such domestic conflicts.