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Lyster's international wildlife law
\"The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition of Lyster's International Wildlife Law coincides with both the UN Year of Biological Diversity and the twenty-fifth anniversary of Simon Lyster's first edition. The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat. Lyster's International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike\"-- Provided by publisher.
Book
THE INTERACTION OF TREATY AND CUSTOM IN THE CONCEPT OF OFFSHORE ARCHIPELAGOS
The law of the sea has long been a rich source of examples of the interplay, and occasional entanglement, of treaty and custom. This article discusses whether claims to close off the waters of ‘offshore archipelagos' by non-archipelagic States are consistent with international law against the background of this perennial issue. Analysis of the 1982 Law of the Sea Convention (LOSC) demonstrates quite clearly that there is no basis for such claims. ‘Going beyond the LOSC’ the article examines whether the matter remains subject to customary international law; whether subsequent practice may have established the agreement of the parties that the relevant provisions of the LOSC are to be interpreted as allowing their invocation by non-archipelagic States with offshore archipelagos; and whether there is ‘supervening custom’ that may have emerged since the adoption of the LOSC and that permits such claims by non-archipelagic States. Identifying and critically assessing the current state of international law on these fundamental questions of the relationship between treaty and custom, it is concluded that there is no basis for arguing that non-archipelagic States are able to claim any sort of special status for ‘offshore archipelagos’.
Journal Article
Designing a circular carbon and plastics economy for a sustainable future
The linear production and consumption of plastics today is unsustainable. It creates large amounts of unnecessary and mismanaged waste, pollution and carbon dioxide emissions, undermining global climate targets and the Sustainable Development Goals. This Perspective provides an integrated technological, economic and legal view on how to deliver a circular carbon and plastics economy that minimizes carbon dioxide emissions. Different pathways that maximize recirculation of carbon (dioxide) between plastics waste and feedstocks are outlined, including mechanical, chemical and biological recycling, and those involving the use of biomass and carbon dioxide. Four future scenarios are described, only one of which achieves sufficient greenhouse gas savings in line with global climate targets. Such a bold system change requires 50% reduction in future plastic demand, complete phase-out of fossil-derived plastics, 95% recycling rates of retrievable plastics and use of renewable energy. It is hard to overstate the challenge of achieving this goal. We therefore present a roadmap outlining the scale and timing of the economic and legal interventions that could possibly support this. Assessing the service lifespan and recoverability of plastic products, along with considerations of sufficiency and smart design, can moreover provide design principles to guide future manufacturing, use and disposal of plastics.
Four future greenhouse gas emission scenarios for the global plastics system are investigated, with the lead scenario achieving net-zero emissions, and a series of technical, legal and economic interventions recommended.
Journal Article
The Oxford Principles
Scientific momentum is increasing behind efforts to develop geoengineering options, but it is widely acknowledged that the challenges of geoengineering are as much political and social as they are technical. Legislators are looking for guidance on the governance of geoengineering research and possible deployment. The Oxford Principles are five high-level principles for geoengineering governance. This article explains their intended function and the core societal values which they attempt to capture. Finally, it proposes a framework for their implementation in a flexible governance architecture through the formulation of technology-specific research protocols.
Journal Article
Reservations to Treaties and Human Rights Committee General Comment No. 24(52)
On 2 November 1994 the Human Rights Committee adopted General Comment No.24(52) relating to reservations made on ratification or accession to the International Covenant on Civil and Political Rights. It is addressed to States party to the Covenant and indicates the manner in which reservations to Covenant guarantees will be treated. The fact that the Committee has issued a general comment on the topic of reservations is clear expression of the Committee's concerns regarding the number and scope of reservations which have been made. In its view these threaten to undermine the effective implementation of the Covenant as well as impair the performance of the Committee in respect of the subject matter to which the reservations apply. Though not as seriously afflicted by reservations as some other human rights treaties, most notably the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child, the Covenant has nonetheless been the object of some sweeping reservations to which few objections have been made. There is the concern that the integrity of the Covenant may have been sacrificed in order to ensure widespread participation. “Indeed”, suggests Higgins, “one might almost say that there is a collusion to allow penetrating and disturbing reservations to go unchallenged.”
Journal Article
Public Participation and Climate Change Infrastructure
This article explores the space for public participation during the consenting process for a nationally significant wind energy or carbon capture and storage infrastructure project. Legal obligations to provide opportunities for public involvement in these processes can be found in national, EU and international law. However, an examination of strategic planning policy suggests that in practice, very little will be up for discussion at this stage. This is consistent with a certain mistrust of the public in high-level policy discourse on the technological change thought necessary for climate change mitigation. Legally entrenched rights to participate, coupled with limited opportunities to influence, create the danger that participation becomes a simple bureaucratic hurdle, frustrating for all concerned.
Journal Article
Geoengineering the Climate: Technological Solutions to Mitigation – Failure or Continuing Carbon Addiction?
This article considers the complex and controversial issue of climate geoengineering, examining the international legal framework for regulating large-scale interventions in the Earth's natural climate system to offset emissions and to avoid catastrophic climate change. It uses the injection of sulphate aerosols into the stratosphere and ocean iron fertilization as examples. It sets out the fragmented nature of the international legal framework which might regulate geoengineering, and the contours of any possible future legal response. The article concludes that the emergence at the international level of a single treaty dedicated to the regulation of all geoengineering methods is both unlikely and undesirable, favouring instead an approach based on a number of guiding principles for the governance of geoengineering research which are briefly elaborated. It suggests these could be applied against the backdrop of a general prohibition on deployment pending the fuller development of appropriate governance frameworks for specific geoengineering methods.
Journal Article
Environmental Protection in Antarctica: The 1991 Protocol
Contribution of the 1991 Protocol on Environmental Protection to the Antarctic Treaty to the development of the Antarctic Treaty System and international environmental law.
Journal Article