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Chapter 9 addresses a selection of contract law issues including licensing and collaboration agreements from a practical point of view. It also engages with competition law, international trade law, and environmental law aspects of beer law. The chapter includes a section devoted to the legal issues that are associated with cross-border internet sales of beer.
During the Symposium held in Manhattan in 2004 coining the One Health approach, the role of environmental law was underlined. The IUCN Commission on Environmental Law, through its representative from Southeast Asia, insisted on the importance of biodiversity conservation and the protection of wildlife while massive culling measures were taken to counteract zoonotic diseases. In this chapter we will show how the development of the One Health approach has been historically favoured by environmental law, acknowledging the interactions between health and biodiversity. We will detail how it has spread into the multilateral environmental agreements in relation to biodiversity conservation and how the environmental protection arena has evolved quite independently from the health sector in implementing the One Health approach until UNEP joined the FAO-OIE (WOAH)-WHO forces and the input from the OHHLEP (One Health High Level Expert Panel) in that respect. We will conclude with examples of One Health implementation in relation to environmental law, whether they concern research projects or training, notably in Southeast Asia.
We highlight the essential role of law and governance in advancing the transformative potential of One Health. While One Health has traditionally focused on public health and zoonotic disease, its broader application encompasses challenges such as biodiversity loss, climate change, and antimicrobial resistance. Despite its potential, One Health remains underutilised in governance and law, with much of its implementation focused on siloed scientific endeavours.
This book addresses these gaps, demonstrating how legal frameworks can embed and sustain One Health principles. It explores diverse themes, including multilevel governance, Indigenous Knowledge systems, environmental law, and emerging legal mechanisms, to showcase the interdisciplinary nature of One Health. Contributors emphasise the need for multisectoral collaboration, enforceable standards, and cross-disciplinary engagement to address governance barriers and ensure holistic, equitable outcomes.
By presenting a vision for the institutionalisation of One Health through law and policy, this volume challenges traditional approaches and offers pathways for integrating One Health into governance systems.
The adoption of the Deforestation-free Products Regulation represents a significant step forward in the protection of forests, both in the EU and in non-EU countries. In particular, it aims at minimising the risk of deforestation and forest degradation associated with products that contain, have been fed with, or have been made using certain commodities (cattle, cocoa, coffee, oil palm, rubber, soya, and wood). Environmental protection is achieved through provisions affecting the placing and making available of and export from the EU market of the relevant products, including a due diligence framework to ensure that such commodities are deforestation-free and legal under the law of the country of origin. While the Regulation has a clear environmental goal, it could also be seen as an operationalisation of the One Health approach as it tackles several drivers of environmental degradation (land-use change, biodiversity decline, and GHG emissions/climate change). In particular, this Regulation makes for a noteworthy case study in light of its extraterritorial reach, and it is examined in view of the unacknowledged ramifications for the One Health.
Cumulative environmental impacts are a central problem that contemporary environment-related laws must face, from laws that allocate natural resources such as forests and water, to rights-based approaches to nature and human health. This introduction sketches the basic characteristics of a cumulative environmental problem – accumulating, incremental harms at different scales, caused by many and diverse actors, with the added complexity of interacting and uncertain effects addressed by multiple legal regimes. It explains why addressing cumulative environmental problems requires reaching across disciplines, legal contexts, and jurisdictions. The CIRCle Framework is introduced - a Framework of four integrated functions of formal rules for responding to cumulative environmental problems – conceptualization, information, regulatory intervention, and coordination. The chapter also introduces case studies of laws addressing environmental justice concerns related to groundwater in the Central Valley of California, cumulative harms to the biodiversity of the Great Barrier Reef, Australia, and cumulative impacts to grasslands as biocultural landscapes in South Tyrol, Italy.
This chapter explores the integration of the One Health (OH) approach into the European Union’s agri-food legal and policy framework, focusing on the 2023–2027 Common Agricultural Policy (CAP). It does so within the broader context of the European Green Deal and its Farm to Fork Strategy, which aim to steer the EU toward sustainable agri-food systems. OH has gained global prominence, especially among intergovernmental organizations, but its implementation in the context of agri-food policy and legislation remains limited, even though the transition to sustainable agri-food systems is one of the most critical challenges of our time, and one of the most complex issues that would benefit from a holistic approach to health.
The chapter traces the evolution of OH in EU policy, from its origins in antimicrobial resistance to its potential role in advancing sustainability. It evaluates the extent to which OH principles are reflected in the CAP Regulation (EU) 2021/2115, by analysing its objectives, conditionality systems, and incentives related to sustainable agricultural practices.
The analysis concludes that, although the CAP incorporates various OH-related measures, such as provisions concerning animal welfare and biodiversity, it does not adopt OH as a unifying legal or policy basis. In fact, the integration of OH remains fragmented and superficial, hindered by conflicting policy objectives, inconsistent implementation, and a lack of legal clarity. For OH to truly serve as a guiding principle in EU agri-food law, it must be embedded through coherent legal tools, cross-sectoral coordination and inclusive governance mechanisms.
This chapter provides a bird’s eye view of the landscape of laws that can deliver the CIRCle Framework functions of conceptualization, information, regulatory intervention, and coordination to address cumulative environmental problems. Its scope is broad, covering traditional and customary laws; environmental impact assessment and strategic environmental assessment; natural resources, land use planning, conservation, pollution, and other environment-related laws; and broader areas of public law, including constitutional environmental rights. It also discusses the way international treaties and development bank policies deal with cumulative impacts. The chapter provides a simple compass for navigating this landscape: considering whether the dominant focus of the law is a matter of concern that is threatened by cumulative impacts (e.g., environmental justice, national parks), impacts (e.g., environmental impact assessment, water pollution), or activities (e.g., road construction, mining), or whether it instead indirectly influences a cumulative environmental problem (e.g., laws for intergovernmental coordination).
Cumulative environmental problems are complex, insidious, slow-motion tragedies that are all too common, from biodiversity loss, to urban air pollution, to environmental injustice. Taking an interdisciplinary, comparative and applied approach, this book offers a new framework for designing solutions using four integrated regulatory functions: Conceptualization, Information, Regulatory intervention and Coordination (the CIRCle Framework). Rules that deliver these functions can help us to clarify what we care about, reveal the cumulative threats to it and do something about those threats – together. Examples from around the world illustrate diverse legal approaches to each function and three major case studies from California, Australia and Italy provide deeper insights. Regulating a Thousand Cuts offers an optimistic, solution-oriented resource and a step-by-step guide to analysis for researchers, policymakers, regulators, law reformers and advocates. This title is also available as open access on Cambridge Core.
Mediation is characterised as a voluntary, consensual process, with self-determination a core value. The literature does, however, indicate a significant evolution in its role within society. Scholars contend that government-backed mediation exhibits capacity to ‘govern’ where the process has disputants reconfigure their selves and orientation to the conflict and align their behaviour with a guiding norm (or ideal). In this way, ‘mentalities’ can be moulded by the state to secure wider political aims. This paper provides empirically grounded insights into the efficacy of mediation-based governance in the context of environmental disputes. It analyses complaints submitted to National Contact Points (NCPs) by interested parties (eg individuals and non-governmental organisations (NGOs)) against multinational enterprises. NCPs are state-based non-judicial grievance mechanisms which seek to assist the resolution of alleged breaches of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. I argue that the empirical reality exposes tensions within mediation-based governance which present challenges and opportunities for it: (in)consistency in the state’s influence over negotiations, background levels of (dis)trust between disputants and (future-orientated) temporal focus. Until these are remedied, it will remain incapable of realising wider political aims, such as sustainable development. Private interests are too deeply ingrained and prevailing power structures too dominant.
The Town and Country Planning Act 1932 (TCPA 1932) was the first planning Act in English law to include country within the legal scope of town planning. This transformed the scope of town planning, legally enabling planning and land administration on a local, regional and national level. Despite this, the TCPA 1932 has been overlooked by legal scholars, who mark the origins of modern planning with the Town and Country Planning Act 1947. This paper celebrates the legacies of the TCPA 1932, namely the inclusion of rural areas within planning legislation, and the centralised role of local authorities in effectuating planning practice, demonstrating how these principles continue to shape planning legislation into the present.
The European Union (EU) has embraced the “twin transition” – the simultaneous pursuit of digitalisation and ecological transformation – as a cornerstone of its industrial policy. EU lawmakers argue that digital technologies can advance environmental protection by enhancing environmental monitoring, optimising resource use, and enabling data-driven sustainability efforts. However, this vision tends to overlook the environmental costs of digitalisation, including rising energy and water consumption, intensive resource extraction, and the proliferation of electronic waste. This article critically examines whether EU law is adequately equipped to support a twin transition, drawing on a black-letter analysis of EU legal provisions, as well as insights from science and technology studies and critical environmental law. It posits that, while environmental law plays a significant role in the datafication of the environment and the digitalisation of society, it falls short in regulating digital technology and data in ways that advance sustainability. For the twin transition to evolve beyond a political slogan and deliver real ecological benefits, substantial legal reforms would be required. The regulation of digital technology would have to move beyond corporate self-regulation and disclosure-based models of environmental governance. Data governance should be reoriented to emphasise freedom of access and a more deliberatively restrained approach to data generation.
Earth–outer space interactions challenge conventional legal structures through dynamics that transcend jurisdictional boundaries and temporal scales. International law historically operates through specific spatiotemporal assumptions: geometric space, chronometric time, and cartographic politics. These elements structure how legal authority is conceptualised and enacted. This study recognizes the interconnectedness between Earth and outer space, positioning legal thought and practice within planetary and cosmic contexts. This integrative framework moves beyond anthropocentric and state-centric paradigms to address the indeterminate nature of multifaceted systems. The research employs an interdisciplinary methodology that integrates legal theory and doctrine, systems engineering, and systems science to analyse emergent phenomena such as orbital debris dynamics. The study concludes that addressing Earth–outer space interactions effectively requires not merely integrating existing legal regimes but reconceptualizing core legal concepts to align better with complex, multi-scalar and emergent dynamics.
This Element tells the twenty-year socio-legal story of human rights-based climate change litigation. Based on an original database of the totality of rights-based climate change (RCC) lawsuits around the world as well as interviews with leading actors and participant observation in the field, the Element explains the rise and global diffusion of RCC litigation. It combines insights from global governance, international law, climate policy, human rights, and legal mobilization theory in order to offer a socio-legal account of the actors, strategies, and norms that have emerged at the intersection of human rights and climate governance. By proposing a broad understanding of the impacts of legal mobilization that includes direct and indirect, material and symbolic effects, it documents the contributions and shortcomings of human rights litigation in addressing the climate emergency. This title is also available as open access on Cambridge Core.
This case study examines the human rights implications arising from the construction of Cambodia’s largest hydroelectric dam, the Lower Sesan II. As a long-standing initiative intended to dramatically expand access to reliable energy sources within Cambodia, the Lower Sesan II was adopted by and labeled a “key project” of China’s Belt and Road Initiative (BRI). However, project developers and contractors face significant criticism as the construction efforts have displaced Indigenous communities and failed to address environmental reports that projected a substantial disruption to local biodiversity, adverse effects that were later documented by local groups and nongovernmental organizations. Drawing from international, transnational, and domestic sources of law, and interviews with various community stakeholders, this study illustrates how Chinese parties building BRI projects engage with applicable human rights obligations through the example of the Lower Sesan II and discusses the consequences of noncompliance.
This chapter explores gender dimensions of biodiversity and nature conservation in the Middle East and North Africa (MENA) region. It sheds light on the nature, scope, meaning, and barriers to gender-responsive implementation of biodiversity treaties in the region, and strategies to overcome these barriers and promote inclusive and equitable conservation efforts. Furthermore, the chapter will address the barriers to implementing gender-responsive biodiversity policies, such as societal norms, limited awareness, and institutional challenges. It will examine the importance of capacity building, stakeholder engagement, and knowledge-sharing platforms in overcoming these barriers and fostering an enabling environment for gender-responsive conservation practices. By emphasizing the value of gender equality and inclusivity in biodiversity governance, this chapter seeks to contribute to the ongoing discourse on integrating gender perspectives into environmental law and policymaking. The findings and recommendations presented aim to inform policymakers, practitioners, and researchers, providing actionable insights for promoting gender-responsive implementation of biodiversity and nature conservation treaties in the MENA region and beyond.
This chapter examines the importance of Marine Protected Areas (MPAs) as tools for the management of fish and a wide range of other aquatic species below water. Drawing lessons from the MPA legal framework in Morocco, it examines the legal gaps and barriers in the management of MPAs and proposes recommendations on how to strengthen the management of MPAs to advance biodiversity and the protection of the marine and ocean ecosystem. This chapter examines how such legal barriers and gaps to the management of MPAs in Morocco can be coherently addressed to advance biodiversity and the conservation of the marine ecosystem.
This chapter presents themes that appear in earlier chapters and makes the case for legal reform to create an agricultural framework that represents the “real” west, rather than John Dutton’s west.
International environmental law rarely refers to the rule of law. However, in fostering inter-state cooperation, international environmental agreements oblige parties to prohibit, restrict or control various activities that are harmful to the environment. The application of these constraints at the national level requires the rule of law to be taken into account.
Edited by
Seth Davis, University of California, Berkeley School of Law,Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf,Gregory Shaffer, Georgetown University Law Center, Washington DC
What would it mean to say that the public trust doctrine is transnational law? This chapter addresses that question. My main conclusion is that the public trust doctrine is a transnational legal norm but not a transnational legal order. To unpack this claim, I apply concepts from Gregory Shaffer and Terence Halliday’s theory of transnational legal orders (TLOs). My claim is that the public trust doctrine is not a transnational legal order in the way that, say, the rule of law is a transnational legal order. In using the public trust doctrine as a case study of the transnational dimensions of public fiduciary law, this chapter aims to introduce an empirically focused socio-legal approach into conversations about public fiduciary theory. Some scholars have made the conceptual claim that public fiduciary law is transnational in scope. In response, this chapter suggests the need for rigorous analysis of normative settlement (or lack thereof) around public fiduciary norms. To the extent that public fiduciary theory aims to reform transnational law, it must confront the challenges of achieving normative settlement in legal practice. The public trust doctrine’s transnational career is a case study in these challenges.