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In: Environmental policy and law, Volume 52, Issue 3-4, p. 237-251
ISSN: 1878-5395
Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of "convergence" act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.
In: International environmental agreements: politics, law and economics, Volume 20, Issue 4, p. 601-618
ISSN: 1573-1553
In: (2020) 25/6 Environmental Liability: Law, Policy and Practice 282-295.
SSRN
In: Environmental policy and law: the journal for decision-makers, Volume 38, Issue 3, p. 131-140
ISSN: 0378-777X
Multilateral development banks and other development agencies have adopted environmental and social safeguard policies setting due diligence standards for the provision of project finance. Such policies are evolving in terms of the activities covered and in their normative requirements. Recent iterations incorporate human rights requirements, recognising the imperative of adopting human rights-based approaches to development. Each institution has also established independent accountability mechanisms (IAMs), variously functioning to ensure compliance with the applicable safeguards, to advise management regarding the application of the obligations involved, and to facilitate communication with affected communities and individuals with a view to resolving project-related disputes. IAMs are central to the implementation, interpretation, and ongoing elaboration of safeguard policies, and thus to the environmental and social good governance so essential for sustainable development.0This edited volume presents a series of in-depth examinations by leading experts from banking institutions, academia and civil society, of key aspects of the rapidly evolving practice of IAMs, and of the implications of such practice for environmental and social governance
In: Environmental policy and law, Volume 51, Issue 1-2, p. 43-55
ISSN: 1878-5395
As a body of rules and a basis for inter-State cooperative practice, international water law suffers from certain important shortcomings. Most significantly, it is characterised by substantive normative indeterminacy, and from related deficiencies in its associated procedural and institutional frameworks, which retard its progressive development and limit its capacity to respond to the looming challenges of the impending global water crisis. Though it has evolved progressively in recent years to incorporate a far-reaching obligation upon watercourse States to adopt an ecosystem approach to the management of shared watercourses, this very development highlights international water law's systemic difficulty in accommodating water management techniques which are critically important to effective implementation of such an approach and, ultimately, to addressing the water crisis. Such techniques, with which international water law struggles, include multi-faceted benefit-sharing, adaptive management, and public and stakeholder participation. The latter two are considered essential for implementation of an ecosystem approach, while the former comprises a cooperative technique facilitated by an ecosystem approach, by means of which watercourse States might eliminate inefficiencies and ensure optimal utilisation of shared water resources. These problems illustrate the urgent imperative of continuing to develop and refine, if not completely reimagine, the rules of international water law.
In: Routledge special issues on water policy and governance
In: International water law series v. 4
Preliminary Material /Attila Tanzi , Owen McIntyre , Alexandros Kolliopoulos , Alistair Rieu-Clarke and Rémy Kinna -- Remarks on the Drafting History of the Convention /Alistair Rieu-Clarke -- From a Regional towards a Global Instrument – The 2003 Amendment to the UNECE Water Convention /Iulia Trombitcaia and Sonja Koeppel -- The Normative and Institutional Evolution of the Convention /Francesca Bernardini -- The 1997 UN Convention: Compatibility and Complementarity /Stephen Mccaffrey -- The UNECE Water Convention and Multilateral Environmental Agreements /Laurence Boisson De Charzournes , Christina Leb and Mara Tignino -- The Water Convention and other UNECE Environmental Treaties /Owen Mcintyre -- The Water Convention and the European Union: The Benefits of the Convention for EU Member States /Gábor Baranyai -- Scope of the UNECE Water Convention /Malgosia Fitzmaurice and Panos Merkouris -- Normative Features of the UNECE Water Convention /Attila Tanzi , Alexandros Kolliopoulos and Nataliya Nikiforova -- The No-Harm Rule /Attila Tanzi and Alexandros Kolliopoulos -- The Principle of Equitable and Reasonable Utilisation /Owen Mcintyre -- The Role of the Precautionary Principle in the Convention on the Protection and Use of Transboundary Watercourses and International Lakes /Nicolas De Sadeleer and Mehdy Abbas Khayli -- The Polluter-Pays Principle in the 1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes /Leslie-Anne Duvic-Paoli and Pierre-Marie Dupuy -- The Sustainability Principle /Alistair Rieu-Clarke -- The Development of Legal Provisions and Measures for Preventing and Reducing Pollution to Transboundary Water Resources under the UNECE Water Convention /Rémy Kinna -- Integrated Water Resources Management as a Tool to Prevent or Mitigate Transboundary Impact /Heide Jekel -- Monitoring and Assessment and the duty of cooperation under the Water Convention: Exchange of Information Among the Riparian Parties /Annukka Lipponen and Lea Kauppi -- Public Information and Participation under the Water Convention /Serhiy Vykhryst -- The Duty to Cooperation in International Water Law – Examining the Contribution of the UN Water Conventions to Facilitating Transboundary Water Cooperation /Patricia Wouters and Christina Leb -- The Contribution of the UNECE Water Regime to Transboundary Cooperation in the Danube River Basin /Ruby Moynihan -- Cooperation between Finland and the Russian Federation /Antti Belinskij -- Dispute Prevention, Dispute Settlement and Implementation Facilitation in International Water Law: The Added Value of the Establishment of an Implementation Mechanism under the Water Convention /Attila Tanzi and Cristina Contartese -- The 2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters /Phani Dascalopoulou-Livada and Alexandros Kolliopoulos -- The UNECE Water Convention and the Human Right to Access to Water: The Protocol on Water and Health /Owen Mcintyre -- The UNECE Model Provisions on Transboundary Flood Management /Alexandros Kolliopoulos.
Frontmatter -- CONTENTS -- THE CONTRIBUTORS -- ACKNOWLEDGEMENTS -- TABLES AND FIGURES -- PREFACE -- 1 INTRODUCTION -- PART 1 ENERGY POLICY DELIVERY IN GENERAL -- 2 SIX MAXIMS FOR INFORMED ENERGY ANALYSIS AND POLICY -- 3 ENDING SUBSIDIES FOR FOSSIL FUEL EXPLORATION IN A WORLD OF UNBURNABLE CARBON -- 4 WERE NORTH SEA OIL AND GAS 'FIELD ALLOWANCES' SUBSIDIES - AND DOES IT MATTER? -- 5 RENEWABLE ENERGY DISPUTES -- 6 USING A LEGACY FRAME TO DELIVER ENERGY AND ENVIRONMENT POLICIES -- 7 THE EMERGENCE OF EU ENERGY LAW -- 8 HOW TO IMPROVE REGULATION -- 9 DELIVERING ENERGY NETWORKS SECURITY: ECONOMICS, REGULATION AND POLICY -- 10 THE ROLE OF MARKETING IN DELIVERING ENERGY LAW AND POLICY -- PART 2 ENERGY POLICY DELIVERY IN THE UNITED STATES -- 11 A BRIEF HISTORY OF US ENERGY POLICY -- 12 APPLYING INNOVATION POLICY TO THE US ENERGY/CLIMATE CHALLENGE -- 13 NATIONAL SCIENTIFIC LABORATORIES AS AN ENERGY POLICY VEHICLE: THE UNITED STATES' EXPERIENCE -- 14 DELIVERING ENERGY POLICY IN THE US: THE ROLE OF TAXES -- 15 DELIVERING THE WIND: DECONSTRUCTING RENEWABLE ENERGY SUCCESS IN TEXAS -- 16 SOLAR RIGHTS IN THE UNITED STATES -- 17 THE US-CHINA CLIMATE AGREEMENT: A NEW DIRECTION -- 18 GOING GREEN: THE UNITED STATES DEPARTMENT OF DEFENSE AND ENERGY SECURITY -- 19 US CONJUNCTIVE WATER MANAGEMENT AND SUSTAINABLE ENERGY DEVELOPMENT -- PART 3 ENERGY POLICY DELIVERY IN THE EUROPEAN UNION -- 20 DELIVERING NEW POLITY: PAVING THE WAY FOR THE EUROPEAN ENERGY UNION -- 21 ANTITRUST ENFORCEMENT IN THE EU ENERGY SECTOR -- 22 DELIVERING ENERGY POLICY IN THE EU: SOME THOUGHTS ON THE ROLE OF CONSUMERS -- 23 THE GROWING IMPACT OF FREE MOVEMENT PROVISIONS IN THE EU ENERGY MARKET -- 24 ENERGY, EXTERNALITIES AND THE NEED TO REVISIT DEUTSCHE BAHN: A PROPOSAL TO REVERSE THE EUROPEAN STANCE ON EU STATE AID LAW AND INTERNATIONAL AVIATION -- 25 RES: TOWARDS A NEW EUROPEAN POLICY -- 26 ENERGIEWENDE IN GERMANY: THE DAWN OF A NEW ENERGY ERA -- 27 WHAT IS A SUSTAINABLE POLICY? A CASE FOR THE ENERGIEWENDE -- 28 THE FINNISH ENERGY POLICY: FULFILLING THE EU ENERGY AND CLIMATE TARGETS WITH NUCLEAR AND RENEWABLES -- 29 THE EU-RUSSIA RELATIONSHIP AND THE EU ENERGY UNION: FROM DEPENDENCE AND VULNERABILITY TOWARDS COMPETITION AND A FREE FLOW -- PART 4 ELECTRICITY POLICY DELIVERY -- 30 THE ROLE OF UNCERTAINTY IN ENERGY INVESTMENTS AND REGULATION -- 31 ENERGY SECURITY IN AN UNPREDICTABLE WORLD: MAKING THE CASE AGAINST STATE AID LIMITATIONS IN ELECTRICITY GENERATION -- 32 DELIVERING A LOW-CARBON ELECTRICITY SYSTEM IN A LIBERALISED MARKET -- 33 A PROPOSAL FOR REFORMING AN ELECTRICITY MARKET FOR A LOW-CARBON ECONOMY -- 34 THE ROLE OF THE DEMAND SIDE IN ELECTRICITY -- 35 REPLACING FOSSIL FUEL GENERATION WITH RENEWABLE ELECTRICITY: IS MARKET INTEGRATION OR MARKET CIRCUMVENTION THE WAY FORWARD? -- 36 SUSCEPTIBILITY OF ELECTRICITY GENERATION TO CLIMATE VARIABILITY AND CHANGE IN EUROPE: A REVIEW OF LITERATURE -- 37 THE EXTERNAL DIMENSION OF CROSSBORDER ELECTRICITY TRANSMISSION PLANNING IN THE EU -- 38 INTEGRATING VEHICLES AND THE ELECTRICITY GRID TO STORE AND USE RENEWABLE ENERGY -- 39 A STITCH IN TIME: COULD IRELAND'S FORTHCOMING WHITE PAPER BREATHE NEW LIFE INTO ITS BRAVE BUT FALTERING RENEWABLE ELECTRICITY POLICY? -- 40 RECENT DEVELOPMENTS IN THE HUNGARIAN ELECTRICITY REGULATORY FRAMEWORK -- PART 5 NUCLEAR ENERGY -- 41 DELIVERING THE REVIVAL OF NUCLEAR POWER -- 42 ENERGY POLICY: THE ROLE OF NUCLEAR POWER -- 43 FINANCING NEW NUCLEAR POWER STATIONS -- 44 UK NUCLEAR NEW-BUILD PLANS IN THE LIGHT OF INTERNATIONAL EXPERIENCE -- 45 DELIVERING UK NUCLEAR POWER IN THE CONTEXT OF EUROPEAN ENERGY POLICY: THE CHALLENGES AHEAD -- 46 NUCLEAR LIABILITY: CURRENT ISSUES AND WORK IN PROGRESS FOR THE FUTURE -- 47 THE PRESENT STATUS OF NUCLEAR THIRD-PARTY LIABILITY AND NUCLEAR INSURANCE -- 48 SMALL MODULAR REACTORS: THE FUTURE OR THE SWANSONG OF THE NUCLEAR INDUSTRY? -- PART 6 RENEWABLE ENERGY -- 49 COHERENT PROMOTION OF RENEWABLES UNDER A CARBON EMISSIONS CAP -- 50 RENEWABLE ENERGY POLICIES CHANGE CARBON EMISSIONS EVEN UNDER EMISSIONS TRADING -- 51 THE RENEWABLE TRAJECTORY: AVOIDING THE TEMPTATION OF CHEAP OIL -- 52 IMPACT OF RENEWABLE PORTFOLIO STANDARDS ON IN-STATE RENEWABLE DEPLOYMENT IN THE US -- 53 RENEWABLE SUPPORT POLICIES IN EUROPE: EVALUATION OF THE PUSH-PULL FRAMEWORK FOR WIND AND PV IN THE EU -- 54 A VIEW FROM THE GLOBAL WIND INDUSTRY -- 55 THE NEW CONCEPT OF COMPETITIVE BIDDING ON PHOTOVOLTAIC IN THE GERMAN RENEWABLE ENERGY ACT 2014 -- 56 LEGAL CERTAINTY FOR GREEN ENERGY PROJECTS: SURE, BUT AT WHAT PRICE? -- 57 THE FUTURE OF HYDROELECTRIC POWER IN THE UNITED STATES: THINKING SMALL -- 58 HYDROPOWER: FROM PAST TO FUTURE UNCERTAINTIES -- 59 RENEWABLE ENERGY PRODUCTION IN MARINE AREAS AND COASTAL ZONE: THE NORWEGIAN MODEL -- 60 THE GEOPOLITICS OF CLEAN ENERGY: RE-ENGAGING WITH RUSSIA THROUGH RENEWABLE ENERGY COOPERATION -- PART 7 FOSSIL FUELS -- 61 TALKING ABOUT SHALE IN ANY LANGUAGE -- 62 THE SHALE REVOLUTION, FRACKING AND REGULATORY ACTIVITY IN THE US: A POLICY DIVIDED -- 63 FRACTURED SYSTEMS: A MULTIPLE POLICY PROPOSAL FOR PROMOTING SAFE SHALE GAS DELIVERY IN THE UNITED STATES -- 64 PREPARING PENNSYLVANIA FOR A POST-SHALE FUTURE -- 65 THE DECLINE OF COAL AND THE ECONOMIC TOLL ON THE APPALACHIAN REGION -- 66 THE EU NETWORK CODES AND PROSPECTS OF CROSS-BORDER NATURAL GAS PIPELINE PROJECTS -- 67 BUILDING THE ENERGY UNION: THE PROBLEM OF CROSS-BORDER GAS PIPELINE INTERCONNECTIONS IN BALTIC, CENTRAL AND SOUTHEASTERN EUROPE -- 68 EMINENT DOMAIN AUTHORITY FOR UPSTREAM GAS INFRASTRUCTURE: AN ALTERNATIVE APPROACH -- 69 PETROLEUM LICENSING ON THE UKCS FIFTY YEARS ON: PROBLEMS, SOLUTIONS AND MORE PROBLEMS? -- 70 GREENLAND OFFSHORE PETROLEUM REGULATION TOWARDS 'THE BLUE ARCTIC' -- PART 8 ENERGY JUSTICE -- 71 ENERGY JUSTICE: THE YIN AND YANG APPROACH -- 72 SUSTAINABLE DEVELOPMENT AND ENERGY JUSTICE: TWO AGENDAS COMBINED -- 73 ASSESSING THE JUSTICE IMPLICATIONS OF ENERGY INFRASTRUCTURAL DEVELOPMENT IN THE ARCTIC -- PART 9 ENERGY POVERTY AND HEALTH -- 74 ENERGY POVERTY AND AFFORDABLE SUSTAINABLE ENERGY TECHNOLOGIES (ASETS) -- 75 CHALLENGING ENERGY POVERTY POLICIES: INSIGHTS FROM SOUTH-EASTERN EUROPE -- 76 POLICY CHANGES FOR FUTUREPROOFING HOUSING STOCK -- 77 CHALLENGES FOR HEALTH SERVICES IN IDENTIFYING WHICH GROUPS ARE MOST VULNERABLE TO HEALTH IMPACTS OF COLD HOMES -- 78 ENERGY, LIFE, METABOLISM AND THE FOOD CHAIN -- PART 10 ENERGY EFFICIENCY AND DEMAND -- 79 ENERGY EFFICIENCY AND ENERGY DEMAND -- 80 ENERGY DEMAND REDUCTION POLICY -- 81 DEMAND RESPONSE IN WHOLESALE MARKETS -- 82 PERCEIVED EFFECTIVENESS OF DIFFERENT METHODS OF DELIVERING INFORMATION ON ENERGY EFFICIENCY -- 83 DEVELOPING BEHAVIOURAL INTERVENTIONS: THREE LESSONS LEARNED FOR DELIVERING ENERGY POLICY -- 84 POLICY MIXES IN STIMULATING ENERGY TRANSITIONS: THE CASE OF UK ENERGY EFFICIENCY POLICY -- 85 THE JOURNEY OF SMART METERING IN GREAT BRITAIN: A REVISIT -- 86 RETHINKING HOUSEHOLD ENERGY CONSUMPTION STRATEGIES: THE IMPORTANCE OF DEMAND AND EXPECTATIONS -- 87 FINANCIAL INCENTIVES FOR ENERGYEFFICIENT APPLIANCES -- PART 11 ENERGY SECURITY -- 88 ENERGY SECURITY AND ENERGY POLICY INCOHERENCE -- 89 DESIGNING INTERNATIONAL TRADE IN ENERGY GOVERNANCE FOR EU ENERGY SECURITY -- 90 NATO AND EUROPEAN ENERGY SECURITY -- 91 GENEALOGY OF THE CURRENT GAS SECURITY SITUATION IN THE EU-UKRAINE-RUSSIA ENERGY TRIANGLE AND THE ROLE OF INTERNATIONAL LAW -- PART 12 COUNTRY-SPECIFIC AND INTERNATIONAL ENERGY POLICY DELIVERY -- 92 GERMAN ENERGY LAW -- 93 DELIVERING ENERGY LAW AND POLICY IN MALTA -- 94 DELIVERING ENERGY EFFICIENCY POLICIES IN ROMANIA -- 95 ENERGY LAW IN THE CZECH REPUBLIC: 'UNBUNDLING' ČEZ -- 96 DELIVERING ENERGY POLICY REFORM IN UKRAINE: LEGAL ISSUES IN THE LIGHT OF EUROPEAN INTEGRATION -- 97 A SYSTEMIC APPROACH TO RENEWABLE ELECTRICITY TECHNOLOGY DEPLOYMENT: THE 'MISSING LINK' IN OPTIMISING POLICY DELIVERY IN THE UK? -- 98 DELIVERING ENERGY POLICY: IS THERE NEED FOR KEY CHANGES IN THE NEXT UK PARLIAMENTARY PERIOD? -- 99 ENERGY AND THE STATE IN THE MIDDLE EAST -- 100 DELIVERING ENERGY POLICY IN ARGENTINA -- 101 THE ARCTIC: SOURCE OF ENERGY? SOURCE OF CONFLICT? SOURCE OF POLICY INNOVATION -- PART 13 CITIES, COMMUNITY ENERGY AND PUBLIC ENGAGEMENT -- 102 DELIVERING ENERGY (OFTEN) REQUIRES PUBLIC