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Berkshire Encyclopedia of Sustainability 3/10: The Law and Politics of Sustainability

Armed Conflict and the Environment (PDF) $9.99
Erasga, Dennis S., De La Salle University-Manila

The changing character of modern warfare necessitates the examination of the laws protecting the environment during armed conflict. Most of these laws and agreements are anthropocentric, premised on the assumption that the environment merits protection only because it is vital to human survival. The few agreements that are partially ecocentric, recognizing nature’s intrinsic value, remain limited by issues of applicability, enforcement, and accountability.
(2,703 words)

Bhopal Disaster (PDF) $9.99
Broughton, Edward I., Johns Hopkins University

The 1984 gas leak at Union Carbide’s pesticide plant in Bhopal, India, was the most deadly industrial accident in history. Poor safety standards and public health infrastructure contributed to the deaths of approximately 3,800 people within hours and thousands more in subsequent years. The human and environmental health impact demonstrated the importance of improving safety standards, especially in developing countries undergoing rapid industrial expansion.
(2,566 words)

Biotechnology Legislation (PDF) $9.99
Rhodes, Catherine, University of Manchester

The way in which the international community governs biotechnology will significantly influence whether it achieves its great potential for contributing to sustainable development. Currently, sustainability principles are explicitly incorporated in only a few of the international regulations that are applicable to biotechnology. Provisions in some of the other regulations are broadly compatible with sustainability principles, but such provisions are poorly implemented.
(2,902 words)

Brent Spar (PDF) $7.99
Zyglidopoulos, Stelios C., University of Cambridge

The Brent Spar was a large oil storage buoy located in the North Sea and managed by Shell. It became famous after the 1995 confrontation between Shell and Greenpeace concerning its disposal. Shell wanted to dispose of the Spar in deep water, but Greenpeace objected on environmental grounds; both wanted to set a precedent for future cases. After a very public showdown, Shell opted for an onshore disposal option.
(1,978 words)

Brundtland Report (PDF) $9.99
Bugge, Hans Christian, University of Oslo

Convened by the U.N. in 1983, the World Commission on Environment and Development’s task was to propose environmental strategies for sustainable development. Their final summary, known as the Brundtland Report, provided a definition and analysis of the concept of sustainable development, and the political changes it requires. It emphasized the connection between environmental protection and economic development and placed sustainable development on the global political agenda.
(3,243 words)

Chemicals Legislation and Policy (PDF) $12.99
Karlaganis, Georg, University of Bern, Switzerland
Perrez, Franz Xaver, Ambassador, Federal Office for the Environment, Switzerland

In the past, criteria for “good” chemical properties were focused on qualities such as chemical stability and biological activity; environmental criteria were neglected, leading to the disastrous and widespread use of harmful chlorofluorocarbons (CFCs), the pesticide DDT, mercury, asbestos, and more. Since they are now used everywhere, chemicals’ benefits and risks must be assessed, and their use should be regulated to avoid repeating past mistakes.
(4,066 words)

Chernobyl (PDF) $9.99
Sharma, Charu, City University of Hong Kong

In 1986 Chernobyl became the site of the world’s worst nuclear disaster, wrecking havoc on the people and immediate environment of Ukraine and Belarus. It brought attention to the need for strict operating and management standards, the importance of open, international communication channels, and legal liability regarding the handling and use of nuclear energy. It also led to the development of international nuclear law.
(2,846 words)

Civil Disobedience, Environmental (PDF) $9.99
Khan, Ayesha, West Bengal National University of Juridical Sciences

The term environmental civil disobedience is used to define the actions taken to protect the environment by organizations, grassroots groups, and individuals all over the world. The environmental civil disobedience movement seeks to prevent further damage to the environment as a result of political or corporate acts and policies. It is a means of protest against the perceived apathy of governments and institutions toward activities that endanger the environment.
(2,719 words)

Clean Air Act (PDF) $9.99
Nagle, John Copeland, University of Notre Dame

Air pollution has plagued humankind since early history and escalated from a local to a global problem during the Industrial Revolution. In 1970, the United States addressed the problem nationally by implementing the Clean Air Act, designed to establish uniform standards for pollutants and their sources. Although the act has helped improve air quality, polluted air remains a global problem requiring further work to ameliorate.
(3,275 words)

Clean Water Act (PDF) $9.99
Andreen, William L., University of Alabama

The U.S. Clean Water Act of 1972 sought to control water pollution by regulating point-source discharges through which pollutants reach “navigable waters.” In order to be more effective, it must be clear that the act extends to all waters of the United States, the act must continually be updated to reflect technological advances, and federal funding of municipal wastewater-treatment facilities must increase.
(3,183 words)

Climate Change Disclosure - Legal Framework (PDF) $9.99
Rhyne, Stephen K., Partner, K&L Gates LLP

Publicly traded companies in the United States are required to disclose in their filings with the Securities and Exchange Commission (SEC) material information regarding how climate change and its consequences may affect their operations and financial results. In its January 2010 interpretive release, the SEC set forth the framework for determining if the consequences of climate change are material to a company, and thus required to be disclosed in the company’s filings.
(3,263 words)

Climate Change Mitigation (PDF) $12.99
Trexler, Mark C., Sustainability and Innovation Division, Det Norske Veritas
Kosloff, Laura, EcoSecurities Consulting Ltd.

Climate change is a global environmental issue of unique complexity. It has the potential to severely affect the environment, but it can be difficult to promote immediate behavioral or political changes. Current programs that address specific environmental issues, such as energy efficiency, are certainly worthwhile; however, it remains necessary to focus on climate change as a whole in order to create successful solutions.
(4,768 words)

Cod Wars (United Kingdom v. Iceland) (PDF) $7.99
Jain, Abhimanyu G., National Law School of India University

Iceland and the United Kingdom engaged in a dispute regarding the extent of Iceland’s fishing waters for over thirty years. During what were called the “Cod Wars,” Iceland extended the range of its fishing waters four times, with the United Kingdom protesting each time. The dispute was one of many events leading to the crystallization of the 200 nautical mile norm for nations’ exclusive economic zones.
(1,692 words)

Common Heritage of Mankind Principle (PDF) $12.99
Taylor, Prue, University of Auckland

The “common heritage of mankind” is an ethical concept and a general concept of international law. It establishes that some localities belong to all humanity and that their resources are available for everyone’s use and benefit, taking into account future generations and the needs of developing countries. It is intended to achieve aspects of the sustainable development of common spaces and their resources, but may apply beyond this traditional scope.
(4,056 words)

Convention for the Prevention of Pollution From Ships (PDF) $7.99
Sarna, Satyajit, Advocate, Delhi High Court

Drafted in 1973 in response to an oil spill off the coast of England, the International Convention for the Prevention of Pollution from Ships and its 1978 supplementary protocol—known together as MARPOL 73/78—has proved an effective step in reducing marine pollution. Although it monitors accidents and oil spills, its real impact has been decreasing pollutants from operational discharges such as ballasting and cleaning.
(1,196 words)

Convention for the Prohibition of Fishing with Long Drift Nets in the South Pacific (PDF) $7.99
Techera, Erika J., University of Western Australia

Drift nets are particularly destructive because they entrap nonharvest marine species. Following increased drift net fishing in the 1980s, the Convention for the Prohibition of Fishing with Long Drift Nets in the South Pacific (also known as the Wellington Convention) was adopted on 17 May 1991 to prohibit the use of this equipment. The convention is an important component of international laws combining to outlaw large-scale drift nets globally.
(1,365 words)

Convention for the Safe and Environmentally Sound Recycling of Ships (PDF) $9.99
Alam, Shawkat, Macquarie University

The International Convention for the Safe and Environmentally Sound Recycling of Ships was introduced in 2009 to address the concerns raised by the dangerous practice of “shipbreaking”; the dismantling of old ships releases hazardous materials into the ocean and onto coastlines. The convention was also intended to create a framework for the sustainable recycling of ships’ materials such as steel and iron.
(2,444 words)

Convention for the Safety of Life at Sea (PDF) $7.99
Caddell, Richard, Swansea University

The International Convention for the Safety of Life at Sea is one of the most important and widely ratified conventions addressing international shipping. SOLAS governs a vast range of maritime matters ranging from crewing standards to technical issues and navigational concerns, including routing that takes into consideration wildlife preservation and the environment, and is binding on virtually all states with an interest in international shipping.
(1,474 words)

Convention on Biological Diversity (PDF) $9.99
Ripa Juliá, Isabel, Independent scholar, Logroño, Spain

The Error! Hyperlink reference not valid. is a key international agreement on the conservation and sustainable use of biological resources and the fair and equitable sharing of benefits arising from the use of genetic resources. Entered into force in 1993, it is legally binding and ratified by all but three U.N. members. Improvements are needed in implementation, however, since biodiversity loss remains a global concern.
(3,268 words)

Convention on Civil Liability for Oil Pollution (PDF) $9.99
Caddell, Richard, Swansea University

The International Convention on Civil Liability for Oil Pollution provides an international treaty for the compensation of damages from oil tanker spills. Liability for oil spills typically rests with the ship owner, rather than the crew. If it is determined that the owner is not liable, then compensation mechanisms established in the Convention are used to provide adequate coverage for oil pollution expense.
(2,221 words)

Convention on International Trade in Endangered Species (PDF) $7.99
Kaempfer, William H., University of Colorado Boulder

The Convention on International Trade in Endangered Species (CITES) is an agreement among 175 party nations to control trade in over thirty-four thousand species of flora and fauna. In spite of more than thirty-five years of activity, CITES is faced with major challenges from the presence of an extensive black market in wildlife and wildlife-product trade.
(1,269 words)

Convention on Long-Range Transboundary Air Pollution (PDF) $9.99
Pellander, Erik, University of Cologne

Air pollution does not respect national boundaries and therefore needs to be addressed at the international level. Consequently, the Convention on Long-Range Transboundary Air Pollution was adopted on 13 November 1979, and has been clarified by eight subsequent protocols. Its ultimate objective is to combat acidification caused by the sulphur and nitrogen emissions in Europe and North America.
(2,528 words)

Convention on Persistent Organic Pollutants (PDF) $7.99
Caddell, Richard, Swansea University

The Convention on Persistent Organic Pollutants, also known as the Stockholm Convention, regulates the manufacture and use of persistent organic pollutants (POPs), hazardous chemicals that are commonly utilized or generated in a variety of manufacturing processes. Because they are diffused easily through water or air, international control is the only effective mechanism for their regulation. The convention is widely supported, with more than 170 signatories.
(1,057 words)

Convention on Wetlands (PDF) $7.99
Pritchard, Dave, Scientific & Technical Review Panel, Convention on Wetlands

An international treaty promoting the conservation and sustainable use of wetlands, the Convention on Wetlands is the first agreement of its kind to address a single ecosystem type. The concept of “wise use” is the foundation of the convention, stressing both the conservation and sustainable use of resources—especially water—in the world’s many types of wetlands.
(1,395 words)

Convention to Combat Desertification (PDF) $9.99
Sarna, Satyajit, Advocate, Delhi High Court

Desertification, defined as extreme land degradation in arid, semiarid, and dry subhumid areas, has far-reaching and unexpected consequences for Earth and all living organisms that inhabit it. It is particularly devastating—and prevalent—in less developed countries, especially in Africa. Because of desertification’s global repercussions, the Convention to Combat Desertification’s goal is to prevent or reverse the condition largely through aid—technological and financial—from the developed world.
(2,447 words)

Copenhagen Climate Change Conference 2009 (PDF) $9.99
Moncel, Remi, World Resources Institute

2009’s Copenhagen Climate Change Conference gathered over 120 world leaders to discuss human-caused climate change. Despite global expectations and media attention, the conference was hindered by negotiation impasses; its only concrete result was the nonbinding Copenhagen Accord, which recognized the need to limit the rise in the global temperature but contained no collective commitment to reach that goal.
(3,000 words)

Customary International Law (PDF) $9.99
Gillroy, John Martin, Lehigh University

Since the mid-twentieth century, human rights and environmental issues have come to the forefront of international law. Balancing the customs and laws of many different nations to protect the good of the global population, international law must continue to harmonize the rights of sovereign states with the need to protect the environment and individual rights.
(2,381 words)

Dark Sky Initiatives (PDF) $9.99
Dick, Robert, Royal Astronomical Society of Canada

Dark sky initiatives are attempts by government and citizens through policy and legislation to reduce light pollution, protect dark regions for wildlife, and provide darkness for observing the night sky. Light pollution is more than an annoying eyesore: electric lights use energy, and many scientific studies have identified the impact on human and animal behavior and health due to the extended presence of artificial light.
(2,955 words)

Development, Sustainable - Overview of Laws and Commissions (PDF) $12.99
Voigt, Christina, University of Oslo

Sustainable development in international law is a recent occurrence. Although the concept had been addressed previously, the 1987 Brundtland Report on sustainable development proposed that economic development, the environment, and human rights should be treated in an integrated manner. Since then, the international community has enacted many laws reflecting that viewpoint and is incorporating sustainable development as a priority.
(5,441 words)

Ecolabeling (PDF) $9.99
Teisl, Mario F., University of Maine, Orono

The goal of ecolabeling is to encourage the sale of environmentally preferred products, leading to environmental improvement. It is, however, also possible that ecolabeling could lead to environmental degradation or could negatively impact the economic growth of developing countries. Though ecolabeling may have great potential, it has yet to be determined if the benefits outweigh the costs.
(2,886 words)

Ecological Modernization Theory (PDF) $9.99
Fulkerson, Gregory M., State University of New York Oneonta

Ecological modernization theory (EMT) represents the view that environmental problems can be solved through business innovation and government mandates aimed primarily at green technological improvements. Unlike competing theories, it does not view economic growth as antithetical to environmental improvements. The present policy climate is consistent with the EMT perspective, thus providing a real-world test of its value.
(2,061 words)

Ecosystem Management (PDF) $9.99
Peine, John D., University of Tennessee
Jacobs, Becky L., University of Tennessee
Franzreb, Kathleen E., University of Tennessee
Stevens, Maggie R., University of Tennessee

Ecosystem management (EM) promotes an integrated approach to environmental issues; its central goal is the protection of entire ecosystems. By focusing on an interdisciplinary solution to environmental challenges, EM can help to synthesize societal, economic, scientific, and governmental goals. Furthermore, as EM becomes part of the foundation of environmental legislation, it will support and enhance the growing societal drive to protect our environment.
(3,355 words)

Eco-Terrorism (PDF) $9.99
Klein, Natalie, Macquarie University

Eco-terrorism is a term most commonly used to describe the violent actions of certain environmental organizations. Eco-terrorism is also associated with ecotage, environmental terrorism, and eco-crimes or violence. As a matter of law, what constitutes “eco-terrorism” depends on the details of the action itself, as well as where a particular act occurs. The location of the act determines which state has jurisdiction.
(3,026 words)

Education, Environmental Law (PDF) $9.99
MacKenzie, Catherine P., University of Cambridge

Environmental law may be traced back to medieval European laws on agriculture, hunting, fishing, and watercourses; only since the 1970s has the subject become part of law school curriculum. Since then, law schools and providers of post-qualification legal education have developed a range of electives on environmental law and natural resources law, although the integration of sustainability into all areas of law school operations is still at an early stage in many schools.
(2,580 words)

Endangered Species Act (PDF) $9.99
Nagle, John Copeland, University of Notre Dame

The Endangered Species Act has guided United States law for species preservation since 1973. While some praise it for saving certain species from extinction and protecting ecosystems, others condemn it for hindering economies and allowing other species to die out. Nevertheless, it serves as a model for all countries facing the same problems and provides a guideline for preservation in the era of climate change.
(2,862 words)

Energy Conservation Incentives (PDF) $9.99
Newall, Adrian DiCianno, Energy consultant, Westfield, New Jersey

Energy conservation and energy efficiency became a public policy issue in the United States, Europe, and Asia during the Middle East oil embargo of the 1970s. Legislation in the United States was enacted to promote conservation among consumers and industry, but within several years, the emphasis turned to energy efficiency. Through the years, legislation has promoted various initiatives for consumers including tax benefits and rebate programs.
(2,092 words)

Energy Subsidies (PDF) $9.99
Fershee, Joshua P., University of North Dakota

Government-funded energy subsidies are used around the world to help expand access to energy sources and increase energy production. Almost all energy sources have received subsidies at some point. Energy subsidies play, and will continue to play, a major role in global energy policies for both sustainable and traditional resources.
(3,130 words)

Enforcement (PDF) $12.99
Mintz, Joel A., Nova Southeastern University

Enforcement occupies a crucial place in the administration of environmental laws in the United States and other nations. It is critical both as a control on firms and individuals who violate environmental standards, and as a defense of the legitimacy of the government actions and private decisions that sustain voluntary compliance.
(4,411 words)

Environmental Dispute Resolution (PDF) $9.99
Nolon, Sean F., Vermont Law School

The question of how to implement a sustainability initiative often produces controversy, and success or failure will depend on how the dispute is handled. Sustainability advocates have successfully used valuable lessons from the field of environmental dispute resolution to capture value that hides in conflict. A focus on collaboration in the decision-making process can lead to more satisfying results for all parties involved.
(2,160 words)

Environmental Law - Africa, Saharan (PDF) $9.99
Goldman, Lisa, Environmental Law Institute

Separated from sub-Saharan Africa by the Sahara Desert, the region of Saharan Africa (also known as North Africa) is confronting a range of environmental issues stemming from a confluence of geography, climate, and economic development. Defined here to include the countries of Algeria, Egypt, Libya, Mauritania, Morocco, and Tunisia, the region presently faces water contamination and limited freshwater resources, soil erosion and desertification, overgrazing, deforestation, and oil pollution, among other problems.
(3,300 words)

Environmental Law - Africa, Sub-Saharan (PDF) $12.99
Kotzé, Louis, North-West University
Scholtz, Werner, North-West University, South Africa

Environmental degradation is just one of many issues facing the continent of Africa; it is especially critical since many Africans depend on natural resources for their livelihoods. Although a commitment to sustainable development exists on international, regional, and national levels largely because of organizations such as the African Union, the effectiveness of these treaties, protocols, and conventions is questionable since noncompliance and lack of enforcement remain overriding issues.
(6,362 words)

Environmental Law - Antarctica (PDF) $9.99
Hemmings, Alan D., University of Canterbury

Because of unresolved territorial sovereignty south of 60˚south, a large part of Antarctica has no generally recognized laws of its own; it is regulated through a combination of individual state laws, international treaty law, soft law, and political norms around the Antarctic Treaty System (ATS). Antarctica has great environmental value and natural resources, and provides globally significant research opportunities. Balancing resource interests with environmental protection remains the central challenge.
(3,721 words)

Environmental Law - Arab Region (PDF) $9.99
Majzoub, Tarek, Beirut Arab University
Quilleré-Majzoub, Fabienne, IODE—University of Rennes 1

In most modern Arab states, ecosystem management has been left in the hands of institutions and public sector officials unwilling to enforce compliance to unfocused legislation. But the Arab region, straddling both Africa and Asia, is in a position to inspire millions of people toward more environmentally sustainable behavior as it examines lessons learned in recent years about formulating effective environmental laws.
(2,436 words)

Environmental Law - Arctic (PDF) $12.99
Koivurova, Timo, University of Lapland

The effects of climate change are more obvious in the Arctic than anywhere else on Earth. Protecting its fragile ecosystems through laws is complicated by the fact that multilevel (and multinational) governance is a reality in the Arctic; in addition to international conventions, treaties, and agreements, there is land belonging to eight separate nations within the Arctic Circle. Global awareness of the need for Arctic-specific legislation is increasing however.
(4,164 words)

Environmental Law - Australia and New Zealand (PDF) $9.99
Shearing, Susan, Sydney Law School
Tava, Vernon, University of Auckland

Environmental law in Australia and New Zealand is based upon the principle of common law, built on judicial precedent. The extreme eco-diversity of these nations has prompted far-reaching legislation—in Australia with the Environment Protection and Biodiversity Conservation Act 1999 and in New Zealand with the Resource Management Act 1991, which places sustainable management at its core. The two national governments cooperate extensively on environmental matters.
(3,691 words)

Environmental Law - Central America and the Caribbean (PDF) $12.99
González Márquez, José Juan, Metropolitan Autonomous University

Scattered attempts at protecting specific natural resources in Central America and the Caribbean countries began to cohere into broader, national environmental laws in 1972, after the First United Nations Conference on Environment and Development. A second conference in 1992 reinforced the trend, but environmental law remains incomplete and irregular across the region owing to disparities in legal structure between countries.
(4,711 words)

Environmental Law - China (PDF) $9.99
Liu, Jingjing, Vermont Law School
Moser, Adam, Vermont Law School

Environmental legislation in China did not exist before 1979, but China’s rapid development and economic growth in the latter twentieth century and large population have created significant constraints on the land and natural resources. Although many laws have been written since then, they are implemented primarily by the local governments and courts, which tend to favor local businesses (for short-term economic reasons) over enforcement of national environmental law.
(2,407 words)

Environmental Law - East Asia (PDF) $12.99
Broadbent, Jeffrey P., University of Minnesota
Hasegawa, Koichi, University of Tohoku
Ku, Dowan, Environment and Society Research Institute, South Korea
Park, Taehyun, Kangwon University
Chien, Yu-Ju, University of Minnesota
Jin, Jun, Tsinghua University

Following their successive, rapid economic booms, Japan, Taiwan, South Korea, and China experienced one downside of industrialization: severe pollution and its harmful health effects. Growing public demand and international pressure brought about remedial policy and considerable improvements in Japan, Taiwan, and South Korea. China, however, still struggles with environmental pollution, having many laws on the books but ineffective enforcement.
(5,232 words)

Environmental Law - Europe (PDF) $12.99
Marauhn, Thilo, University of Giessen
Boehringer, Ayse Martina, University of Giessen

Roughly 60 percent of Europe’s population of over 800 million is governed by the European Union (EU). The EU’s dual legal treaties address sustainable development and environmental protection. The EU can establish binding regulations for all member states without ratification by their individual governments, but most EU environmental law takes the form of a directive, where there is room for maneuvering and for the application of different regulatory traditions of members.
(4,118 words)

Environmental Law - India and Pakistan (PDF) $9.99
Rosencranz, Armin, Stanford University
Nardi, Jr., Dominic J., University of Michigan

India and Pakistan have a long and complicated history—one often punctuated by conflict. There are, however, some commonalities between the nations in environmental law: a British common law heritage, strong judiciaries, weak executive enforcement, and public interest litigation. While India’s more activist courts have issued several extensive decisions in favor of environmental protection, the Pakistani courts’ pro-environment views have yet to be institutionalized.
(2,889 words)

Environmental Law - Israel (PDF) $7.99
Schorr, David B., Tel Aviv University

Though Israeli environmental law contains many media-specific statutes, the government has promulgated relatively few emissions or technology standards of general application. Instead, regulation relies to a great extent on individual permits and licenses issued to polluting firms on an ad hoc basis. Recent years have seen efforts to improve the effectiveness of environmental law through the use of economic tools and new enforcement mechanisms.
(1,501 words)

Environmental Law - Pacific Island Region (PDF) $9.99
Rose, Justin Gregory, University of South Pacific

The Pacific island region encompasses a huge expanse of ocean and twenty-two countries and territories of diverse cultures, societies, and legal systems. Natural resources, which are often regulated by the customary practices and laws of the region’s indigenous peoples, are important to the economies of these nations. Environmental law must reconcile written law and customary law, but it will be effective only if and when enforced by the government.
(3,143 words)

Environmental Law - Russia and Central Asia (PDF) $12.99
Krasnova, Irina, Moscow State Academy of Law
Ziganshina, Dinara, University of Dundee
Mukhammadiev, Bakhtiyor R., US Embassy, Tashkent

Russia and Central Asia are vast areas, rich in natural resources. Management of these resources has often been a struggle, balancing the good of the environment with the possibility of economic and industrial development. In light of the shared history between these nations, it is crucial that the Central Asian republics and Russia work together to form policies and regulations promoting sustainable development and environmental protection.
(4,544 words)

Environmental Law - South America (PDF) $9.99
Amaral, Renata Campetti, Baker & McKenzie, São Paulo
da Cruz, Alessandro De Franceschi, Baker & McKenzie, Porto Alegre
Bugna, Alejandra V., Baker & McKenzie, Buenos Aires
Boruchowicz, Gustavo A., Baker & McKenzie, Buenos Aires
Ortúzar Jr., Antonio V., Baker & McKenzie, Santiago
Romero, Maria Victoria, Baker & McKenzie, Caracas
Rueda, Cristina, Baker & McKenzie, Bogotá
Reyes, María Eugenia, Baker & McKenzie, Caracas

A strong focus on environmental protection, especially as linked to human rights, has become a prominent part of legislation around the world. Various countries in South America, including Argentina, Brazil, Chile, Colombia, and Venezuela, have all committed to guidelines and legal requirements for environmental protection. Their continued efforts and presence in the international community will help to strengthen the global environmental protection movement.
(3,824 words)

Environmental Law - Southeast Asia (PDF) $9.99
Nardi, Jr., Dominic J., University of Michigan
Sidharta, Deny, Soemadipradja & Taher
Dhanasarnsombat, Sansanee, Enhesa, Inc.
Kho, James, University of Ateneo
Koh, Kheng-Lian, National University of Singapore
Lye, Lin Heng, National University of Singapore
Myint, Chit Chit,

The eleven nations in Southeast Asia have undergone rapid development in the past fifty years, which has resulted too often in unchecked pollution and exploitation of natural resources. Most have established governmental departments for the environment, and environmental legislation has been enacted in most countries, with variable success. The Association for Southeast Asian Nations also endorses cooperative activities to address many regional environmental issues.
(3,830 words)

Environmental Law - United States and Canada (PDF) $12.99
Gillroy, John Martin, Lehigh University
Bratspies, Rebecca M., City University of New York

Divergent histories have led Canadian and U.S. governments to adopt differing laws to protect the environment despite geographic similarities, a common heritage, and a deep cultural attachment to their natural environment. In Canada the federal government negotiates laws and regulations regarding shared resources among the provinces, whereas the U.S. federal government sets standards but allows individual states to interpret, implement, and enforce federal laws and goals.
(4,591 words)

Environmental Law, Soft vs. Hard (PDF) $9.99
Marauhn, Thilo, University of Giessen
Beyerlin, Ulrich, Max Planck Institute

Soft law has become an important source of international environmental law. Hard law, such as treaties and customary international law, is legally binding. Soft law is legally nonbinding, but may be politically binding. It serves several useful purposes including speeding up the process of addressing pressing problems, facilitating international law-making, and taking action without binding states legally.
(3,461 words)

European Union Greenhouse Gas Emission Trading Scheme (PDF) $9.99
Fogel, Daniel S., Wake Forest University

The primary purpose of the European Union Greenhouse Gas Emission Trading Scheme (EU ETS) is to meet the EU’s Kyoto Protocol obligations. The trading system is one of several mechanisms that the EU can use to reduce carbon dioxide emissions by 2012. The EU ETS has supplied several lessons for other trading systems, including how to price carbon and provide incentives that avoid unintended impacts.
(3,303 words)

Exxon Valdez (PDF) $9.99
Knudsen, Sanne H., University of Utah

When the Exxon Valdez released 11 million gallons of oil into the pristine waters of Prince William Sound, it left destruction in its wake—destruction to the sensitive marine ecosystem, the livelihoods of commercial fishermen, and the Native Alaskan communities dependent on the marine environment for subsistence. It also left myriad and still unfolding lessons on oil dependence, corporate liability, ecological complexity, disaster preparedness, and environmental risk.
(2,089 words)

Fair Trade (PDF) $9.99
Thrasher, Rachel Denae, Boston University

Fair trade connects small-scale producers with large consumer markets and provides standards of pricing and labor. Fair trade standards have had a great impact on the promotion of ethical and sustainable consumerism. While it may be politically infeasible for governments to adopt the formal fair trade model, broader ethical consumption standards have become a permanent fixture in the consumer landscape.
(2,397 words)

Fishing and Whaling Legislation (PDF) $9.99
Currie, Duncan E. J., Globe Law
Wowk, Kateryna M., Global Ocean Forum

Reports indicate that over 75 percent of global marine fisheries are overexploited, fully exploited, significantly depleted, or recovering from overexploitation. Management of environmental threats to whales is hampered by discordance in the International Whaling Commission. The consequences of damaging marine ecosystems are clear. A pathway toward ensuring sustainable management of the marine ecosystem must be pursued, utilizing, among other things, international legislation.
(2,977 words)

Forest Reserve Act (PDF) $7.99
Straka, Thomas J., Clemson University

Stemming from U.S. government efforts to protect forest lands since the 1860s, the Forest Reserve Act of 1891 combined political and conservation viewpoints to revise land laws to allow for reservation of valuable federal forest lands. Later acts provided for the management and protection of the reserved lands and creation of the National Forest System separate from the national parks.
(1,455 words)

Free Trade (PDF) $9.99
Thrasher, Rachel Denae, Boston University

Free trade refers to the movement of goods, services, labor, and even ideas across national borders without restrictions imposed by governments, such as import tariffs or quotas. Though many policy makers view free trade as an economic ideal, it is often at odds with sustainability, because of disparities in environmental laws between trading nations and a corresponding increase in use of fossil fuels required for transportation.
(2,657 words)

Gabcikovo - Nagymaros Dam Case (Hungary v. Slovakia) (PDF) $9.99
McIntyre, Owen, University College Cork

In the Gabcˇíkovo–Nagymaros case, the International Court of Justice settled a dispute between Hungary and Slovakia concerning a 1977 treaty requiring collaboration in the building of two dams. The judgment has impact both on international water resource law and international environmental law, due in part to the link made between the principle of equitable and reasonable utilization and the concept of sustainable development.
(2,067 words)

Genetically Modified Organisms Legislation (PDF) $7.99
Connolly, Rebecca L., University of Sydney

The international debate over the regulation of genetically modified organisms has focused on managing the impact on the environment, human health, trade, and the allocation of intellectual property rights. There are various international agreements covering GMOs, with often conflicting provisions. The challenge is to develop unified international regulations that permit the development and trade of agricultural biotechnology while protecting human health and the environment.
(1,928 words)

Grassroots Environmental Movements (PDF) $9.99
Horton, Lynn R., Chapman University

Grassroots environmental movements have emerged as one of the most successful forms of sociopolitical mobilization. The origins, membership bases, organizational structures, and environmental ideologies of grassroots movements distinguish them from mainstream organizations. Grassroots activists have successfully addressed a range of environmental, political, and social issues across the globe. Their success, however, has also brought risks of co-optation and dilution of their original grassroots focus.
(2,464 words)

Green Taxes (PDF) $12.99
Milne, Janet E., Vermont Law School

Green taxes increase the financial burden associated with activities that cause harm to the environment, providing incentive to reduce pollution. A government levies green taxes on products that create pollution, using the revenue either to address the environmental problem or for other purposes. Another way governments can continue to green the tax code is by offering tax benefits for activities that protect the environment.
(5,405 words)

Intergenerational Equity (PDF) $9.99
Norton, Bryan, Georgia Institute of Technology

The idea of sustainability is anchored in part by the belief that earlier generations have moral obligations to subsequent generations. The common understanding of equity among individuals cannot address these obligations fully, and the issue is further complicated because future people cannot be present when important decisions affecting their well-being are made. This suggests that some moral obligations are owed to society as a whole.
(2,738 words)

International Court of Justice (PDF) $9.99
Jain, Abhimanyu G., National Law School of India University

Situated in the Hague, the International Court of Justice is the only comprehensive international legal institution present in the world today. Its cases range from international disputes over fishing rights to transboundary dam construction. Though the court has been lauded for its ability to adjudicate international disputes, some question its power to create or develop international law.
(2,689 words)

International Green Construction Code (PDF) $9.99
Andrejko, Dennis A., State University of New York, University at Buffalo

The International Green Construction Code (IGCC), developed by the International Code Council and its cooperating sponsors, is the first green building-code document to establish global regulations for buildings and systems. Many building professionals recognized the need to align growing demand for healthy built environments with the investment in building design, operation, maintenance, and use by commercial users. The IGCC places these interests on a foundation of sustainable design.
(2,196 words)

International Law (PDF) $9.99
Van Dyke, Jon M., University of Hawaii

International law has been evolving for centuries to provide a framework for international and transnational activities. Like other areas of the law, its purpose is to allow participants to deal with each other with some level of predictability and thus to reduce misunderstandings and to avoid conflicts and confrontations. International environmental laws are especially important, since environmental issues do not obey national boundaries.
(2,102 words)

Investment Law, Energy (PDF) $9.99
Cameron, Peter D., University of Dundee
Kolo, Abba, University of Dundee

Countries worldwide have sovereignty over their natural resources and may develop them according to their own environmental laws and regulations. International law recognizes the need for modern investment treaties—such as the North American Free Trade Agreement and the Energy Charter Treaty—that include provisions affecting the energy industry and its sustainability. Assessing how such treaties will impact the foreign investment climate in participating states remains a challenge for the future.
(3,184 words)

Investment Law, Foreign (PDF) $9.99
Miles, Kate, University of Sydney

As multinational corporations seek to reduce costs, they increasingly turn to developing countries in order to conduct business. The way in which that business is conducted can have substantial impacts on the environment and human rights of communities within host states. The proper legal management of foreign investment can help to promote sustainable development by setting standards that protect the environment and human health.
(3,112 words)

Justice, Environmental (PDF) $9.99
Westra, Laura, University of Windsor

Environmental justice, or ecojustice, addresses various complex social issues, from racism to poverty. Environmental problems, such as climate change, affect not only physical health but also human rights issues. By combining the desire for a more sustainable way of life with the need to protect and promote the inherent rights of individuals, ecojustice will impact the lives of people across the globe.
(2,877 words)

Kyoto Protocol (PDF) $9.99
Freestone, David, George Washington University

The Kyoto Protocol sets binding targets for all ratifying industrialized nations to reduce greenhouse gas (GHG) emissions from their 1990 levels by the end of its first phase (2012). Although it primarily requires domestic measures to do this, the Kyoto Protocol introduced the concept of emissions trading and established two additional means—joint implementation and the clean development mechanism—to help countries meet their GHG emission reduction goals.
(2,403 words)

Lacey Act (PDF) $9.99
Goble, Dale D., University of Idaho

The Lacey Act is a United States federal statute originally enacted in 1900 that has become increasingly relevant over time. Initially its stringent culpability requirements and modest penalties resulted in few prosecutions. But as Congress has broadened the act, it has become an increasingly powerful tool to combat illegal trafficking in wildlife. Its most recent amendments could significantly affect international trade in illegally sourced wood products.
(2,444 words)

Land Use - Regulation and Zoning (PDF) $9.99
Serkin, Christopher, Brooklyn Law School

Land use regulations and zoning define the limits of development on both public and private land. Traditional approaches to zoning attempt to segregate uses into single-use zones and also impose significant height and bulk restrictions on buildings. As a result, traditional zoning and land use regulations have resulted in development sprawl. More sustainable approaches seek to facilitate dense, mixed-use communities and to clear the path for siting alternative energy facilities.
(3,325 words)

Law of the Sea (PDF) $9.99
Freestone, David, George Washington University

A number of UN conventions and other treaties establish the legal regimes that govern the use of the oceans. Because of the ecological sensitivity of the seas and oceans of the world, most agreements are influenced by environmental law although they regulate other activities. Although these laws are designed to be able to be adapted to emerging challenges, they are having difficulty responding to current human pressures on the oceans.
(2,696 words)

Love Canal (PDF) $7.99
Fletcher, Thomas H., Bishop's University

Love Canal became known locally, nationally, and internationally in 1978 partially because it was a dramatic example of chemical contamination in the homes of ordinary people. Additionally, because of these characteristics and the activism of local residents, media coverage shifted the scale of exposure from local to global almost immediately. The case is also important because of its effect on environmental politics and policy.
(1,552 words)

Massachusetts v. Environmental Protection Agency (PDF) $9.99
Mank, Bradford C., University of Cincinnati

In April 2007, the United States Supreme Court ruled that the Environmental Protection Agency has the authority under the Clean Air Act to regulate carbon dioxide and other greenhouse gases. In the absence of any Congressional legislation on climate change, Massachusetts v. EPA will likely remain a significant authority in the United States on the regulation of greenhouse gases from cars and other sources.
(2,012 words)

Montreal Protocol on Substances That Deplete the Ozone Layer (PDF) $7.99
Jain, Vaneesha, Luthra and Luthra Law Offices

The Montreal Protocol was the first action in recognition of a global environmental problem and of international cooperation to address it. Through nations undertaking voluntary binding obligations, this treaty system has virtually halted the production and emission of ozone-depleting substances worldwide. The mechanisms employed to ensure compliance and achieve the goal provide valuable lessons for creating future environmental treaties with a view toward sustainability.
(1,301 words)

MOX Plant Case (Ireland v. United Kingdom) (PDF) $7.99
Pellander, Erik, University of Cologne

The MOX Plant litigation pertained to the commissioning of a reprocessing nuclear plant in the United Kingdom near the Irish Sea, which was the cause of potential transboundary environmental harm to Ireland. Though Ireland chose to terminate the proceedings, the MOX Plant case still serves as an example of the need for both cooperation and information exchange, especially concerning hazardous substances.
(1,613 words)

Nanotechnology Legislation (PDF) $9.99
Azoulay, David, Center for International Environmental Law

The rapid development of nanotechnology has the potential to impact society on a level similar to the Industrial Revolution. Legal systems around the world struggle to adapt to the combination of scientific uncertainty and growing concerns about potentially adverse impacts of nanomaterials to human health and the environment. Nano-specific mandatory legal provisions are emerging in a number of developed countries.
(2,492 words)

National Environmental Policy Act (PDF) $7.99
Anderson, Mark W., University of Maine, Orono

The National Environmental Policy Act of 1969 (NEPA) was the first significant federal environmental statute in the United States. Its most important legacy is the environment impact assessment process. Scholars continue to debate whether NEPA has been a powerful positive force in improving the quality of the environment, given its lack of requirements beyond the assessment of potential environmental damage.
(1,441 words)

Natural Resource Law (PDF) $12.99
Freyfogle, Eric T., University of Illinois at Urbana-Champaign

Natural resources law performs three basic functions: it specifies the parts of nature that can be owned and the basic terms of use rights, it facilitates resource-related transactions, and it provides mechanisms to coordinate uses and resolve inevitable disputes. Within these functions, a key question for lawmakers is whether a part of nature is identified as a discrete resource or an attribute of land ownership.
(6,066 words)

New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act (PDF) $12.99
Ware, Alyn, International Association of Lawyers Against Nuclear Arms

In 1987 New Zealand became the first U.S. ally to adopt legislation prohibiting nuclear arms within its territory and waters. New Zealand’s stance found support from nonnuclear countries and from civil society in the United States and other allied countries. The act, which originated over opposition to nuclear testing in the South Pacific, has considerable influence on attempts to create a nuclear weapons–free world.
(4,583 words)

Nuisance Law (PDF) $9.99
Freyfogle, Eric T., University of Illinois at Urbana-Champaign

The word nuisance, largely French in origin, simply means harm. Nuisance law, both public and private, attempts to create balance between the rights of landowners and the rights of others by limiting the uses of land and providing recourse for landowners when their rights are impeded. Nuisance law can help to promote sustainability by defining and prohibiting the harmful ecological impact of certain land uses.
(3,220 words)

Ocean Zoning (PDF) $12.99
Eagle, Josh, University of South Carolina

Through ocean zoning, governments can regulate the use of ocean spaces for various purposes, such as the conservation of marine resources. As in municipal zoning, after which it is patterned, ocean areas can be zoned for either specific or mixed use. While the creation of such zones can be contentious, examples from Australia and California illustrate that ocean zoning is a feasible, if not yet fully proven, strategy for improving governance of the marine environment.
(4,638 words)

Polluter Pays Principle (PDF) $9.99
Roller, Gerhard, University of Applied Sciences, Bingen

The polluter pays principle has become one of the most prominent standards on which worldwide environmental policy is based. The initial concept was first addressed in the 1970s; today its scope is much broader, encompassing not only pollution prevention and control but also liability for cleanup costs. In more recent years it has been extended to product impacts during the whole lifecycle.
(3,270 words)

Precautionary Principle (PDF) $9.99
Ahmed, A. Karim, National Council for Science and the Environment

The precautionary principle, a policy of foreseeing and preventing the potential adverse effects of future actions, is the basis of laws regulating commercial activity and natural resource management in certain regions of the globe. In the European Union, newly enacted regulation governing the marketing of chemical substances is based on the precautionary principle. In the United States, such a regulatory approach has not been widely adopted as yet.
(2,202 words)

Principle-Based Regulation (PDF) $7.99
Pardo Buendia, Mercedes, University Carlos III of Madrid
Parejo, Luciano, University Carlos III of Madrid

There are two fundamental approaches to regulation: principle-based systems and rules-based systems. Environmental regulation tends to be based on principles rather than codes, in order to facilitate international cooperation and to adapt to changing technologies. Debate continues over the advantages and disadvantages of each approach.
(1,343 words)

Real Property Law (PDF) $9.99
Telesetsky, Anastasia, University of Idaho College of Law

Real property law can achieve the long-term goals of sustainability by regulating not only our relationships with each other regarding the use of land and natural resources but also our ongoing relationship with the ever-changing physical world. When property law balances environmental stewardship with the need for economic security, it becomes an important tool for attaining sustainable development.
(2,775 words)

Refugees, Environmental (PDF) $9.99
Westra, Laura, University of Windsor

Of the millions of people displaced yearly from their traditional habitats by natural disasters, infrastructure development, or toxic exposure, many are among the poorest in the world. As of 2010, international law does not apply to environmental refugees who must leave their countries. U.N. agencies have brought an increased awareness to the plight of environmental refugees, all of whom are less protected by law than those displaced by religious or political persecution.
(3,575 words)

Registration, Evaluation, Authorisation, and Restriction of Chemicals (PDF) $7.99
Sachs, Noah M., University of Richmond

Replacing a number of previous regulations in the European Union, Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) governs risk assessment and risk management for chemicals. Under REACH, manufacturers must register about thirty thousand chemicals by 2018—the largest effort in the world to collect toxicity data on chemicals. REACH aims to reduce the harm involved with some chemicals, to improve consumer awareness, and to remove some hazardous chemicals from the market.
(1,280 words)

Restriction of Hazardous Substances Directive (PDF) $7.99
García Molyneux, Cándido T., Covington & Burling LLP

With the aim of limiting the environmental impact of electronic products during their waste phase, the Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) prohibits the marketing of electrical and electronic equipment containing six hazardous substances in the territories of the European Union and European Economic Area. Similar legislation has also been adopted in other jurisdictions.
(1,939 words)

Silent Spring (PDF) $9.99
Sims, Michael D., Independent Scholar, Eugene, Oregon

Silent Spring (1962), written by marine biologist Rachel Carson, exposed the widespread harm of synthetic chemical pesticides. Silent Spring created public and political awareness of the danger of these chemical pesticides to fish, birds, small mammals, beneficial insects, and humans through the effects of biomagnification. Many of these pesticides were banned in the United States and, eventually, much of the world.
(2,528 words)

Soil Conservation Legislation (PDF) $9.99
Boer, Benjamin, Sydney Law School
Hannam, Ian, University of New England (Australia)

Soil conservation law was introduced on a national level in a number of countries in the early 1900s. It now forms an essential component of the world’s legal systems and will become increasingly important in the context of managing the effects of climate change. Despite many innovative reforms at national levels, progress toward the development of international law for sustainable use of soil has been slow.
(2,671 words)

Tort Law (PDF) $9.99
Rowell, Arden, University of Illinois College of Law

Torts are civil wrongs that occur when one person harms another in a way that the law prohibits. The first environmental laws were torts, and torts remain an important legal vehicle for redressing environmental harms. Tort law continues to evolve to address environmental challenges, particularly those that involve multiple countries.
(2,176 words)

Trail Smelter Arbitration (United States v. Canada) (PDF) $7.99
Jain, Abhimanyu G., National Law School of India University

The 1941 Trail Smelter dispute began with the transboundary pollution caused by a smelter in Canada that affected the U.S. state of Washington. An international tribunal found that Canada had a duty to prevent damage to the United States that emanated from within Canadian borders. The Trail Smelter case outlined principles of preventing transboundary pollution and greatly impacted both general international law and international environmental law.
(1,552 words)

Transboundary Water Law (PDF) $9.99
Wouters, Patricia, University of Dundee
Moynihan, Ruby, University of Dundee

Freshwater resources cross national boundaries around the globe, leaving sovereign states to compete for their use. The legal rules that govern the management of transboundary waters contribute to the fundamental tenets of law—peace, securi-ty, and human rights. International laws concerning transboundary waters also aid in the peaceful management of the world’s water resources.
(3,815 words)

United Nations - Overview of Conventions and Agreements (PDF) $9.99
Pellander, Erik, University of Cologne

The United Nations has addressed sustainability through conventions, agreements, and protocols. Environmental issues such as climate change, air pollution, and biodiversity are global, regardless of the origin of the initial harm. As an international body, the United Nations provides a forum for multilateral agreements, helping countries work together toward sustainability. Together with its member states, the United Nations has the power to affect great change.
(3,783 words)

Utilities Regulation (PDF) $12.99
Eisen, Joel Barry, University of Richmond

The traditional system of public utility regulation in the United States and other nations has transformed dramatically since the 1970s. New laws and policies to encourage renewables, conservation, and energy efficiency programs have changed the electric industry from its traditional focus on increasing production to incorporating more environmental values. Much more is still necessary for electric utilities to become environmentally friendly and demand responsive.
(4,800 words)

Waste Shipment Law (PDF) $12.99
Ormond, Thomas, Regional government of South Hesse, Germany

Since the 1980s, rules at global, regional, and national levels regulate the transboundary movement of hazardous and other problematic wastes. Their main purpose is to prevent the uncontrolled dumping of such waste in poorer countries where it would damage the environment and human health. Key instruments to achieve these goals are export and import bans and the requirement of prior notification and consent of all countries concerned.
(4,942 words)

Water Act (France) (PDF) $7.99
Guyomard, Ann-Isabelle, University of Nantes

Industrialization and massive agriculture led to severe water pollution in France in the years after World War II. To fight this phenomenon, three main acts were adopted in 1964, 1992, and 2006: Water Basin Agencies were created, taxes were established to fund cleanup and water treatment, and water came to be seen as the “common heritage of the nation.” To reach the European goal of “good water quality” by 2015, still more efforts must be made.
(1,467 words)

Water Security (PDF) $12.99
Hussey, Karen, The Australian National University

The term water security means that every person has access to enough safe water to lead a healthy life, that there is sufficient water available to the population to provide food, and that the vulnerable are protected from the risks of water-related hazards. Population growth, urbanization, economic development, climate change, and the unsustainable management of natural resources are barriers to achieving water security in the twenty-first century.
(4,654 words)

Weak vs. Strong Sustainability Debate (PDF) $9.99
Hackett, Steven C. , Humboldt State University

The concept of sustainability can be defined—and debated—in many different ways, but it generally falls into two categories: weak versus strong. Weak sustainability maintains that economic and social issues must be integrated in sustainability discussions and allows one form of capital (human, natural, social, constructed, cultural) to substitute for another. Strong sustainability theory, on the other hand, asserts that replacements do not exist for natural capital stocks.
(2,128 words)

Wilderness Act (PDF) $9.99
Kormos, Cyril F., The WILD Foundation

Protecting wild nature for the use and enjoyment of future generations often requires laws that prevent roads, infrastructure development, and extractive activities. The Wilderness Act of 1964, established in the United States during the Johnson administration, was the first law to establish a national wilderness preservation system and a process for designating wilderness areas. The Wilderness Act of 1964 has protected millions of acres and has inspired similar legislation around the world.
(2,632 words)

World Constitutionalism (PDF) $7.99
Feris, Loretta Annelise, University of Cape Town

World constitutionalism has its roots in international documents such as the U.N. Charter. Its advocates seek to establish a holistic and coherent global constitution that sets out fundamental norms and values by which all nations and jurisdictions can abide. This concept has also been explored in the international environmental law regime to assess the scope for an international environmental constitution.
(1,804 words)