Legal And Political Challenges Of Governing The Environment And Climate Change

The environment has not always been protected by law. It was not until the middle of the 20th century that ‘the environment’ came to be understood as an entity in need of special care, and the law-politics duo firmly fixed its focus on this issue. In this book Wickham and Goodie tell the story of how law and politics first came upon the environment as an object in need of special attention. They outline the unlikely intersection of aesthetics and science that made ‘the environment’ into the matter of great concern it is today. The book describes the way private common-law strategies and public-law legislative strategies have approached the task of protecting the environment, and explore the greatest environmental challenge to have so far confronted environmental law and politics; the threat of global climate change. The book offers descriptions of many of the strategies being deployed to meet this challenge and present some troubling assessments of them. The book will be of great interest to students, teachers, and researchers of environmental law, socio-legal studies, environmental studies, and political theory.

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ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.

'This book is a useful addition to our literature on climate change law, with its focus on climate change at the local level. It examines how local governments, municipalities and city authorities address climate change through law and policy, and the problems/constraints faced in mitigation and adaptation at the local level. The 15 contributors have thoughtfully and critically analysed the issues from intellectual as well as practical perspectives, drawing on the experiences of North America as well as the EU, China, Australia and South Africa. The reader is left with deeper insights and suggestions for the way forward.' – Irene Lin Heng Lye, National University of Singapore 'This volume offers a thorough exploration of the challenges and opportunities for local governments in many parts of the world to mitigate and adapt to climate change.' – Laura Watchmann, LEED AP-ND, Executive Director, NALGEP 'As the international climate consensus is fading, the focus has shifted from the global to the local. This book is timely and ground-breaking as it frames a new subject of legal study and proves the dramatic surge of local climate action. A must-read.' – Klaus Bosselmann, University of Auckland, New Zealand Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study.

Climate change poses one of the greatest challenges for human society in the twenty-first century, yet there is a major disconnect between our actions to deal with it and the gravity of the threat it implies. In a world where the fate of countries is increasingly intertwined, how should we think about, and accordingly, how should we manage, the types of risk posed by anthropogenic climate change? The problem is multi-faceted, and involves not only technical and policy specific approaches, but also questions of social justice and sustainability. In this volume the editors have assembled a unique range of contributors who together examine the intersection between the science, politics, economics and ethics of climate change. The book includes perspectives from some of the world's foremost commentators in their fields, ranging from leading scientists to political theorists, to high profile policymakers and practitioners. They offer a critical new approach to thinking about climate change, and help express a common desire for a more equitable society and a more sustainable way of life.

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.

This report is currently available in an electronic format only. To view the report and others published by the International Union for Conservation of Nature (IUCN), please visit IUCN's website. Governance for sustainability is defined as the set of written and unwritten rules that link ecological citizenship with institutions and norms of governance. It is a complex topic because it addresses the three issues of globalization, democracy and sustainability. No form of governance can succeed if there is no common bond between those who govern and those who are being governed. The real issue is whether the common good, that is, the sustainability of life, can be pursued through democratic forms of governance. This publication compiles information, evaluations and case studies to enable the reader to explore and reflect upon governance for sustainability.

Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of 'multilevel' institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.