The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia.

Following decades of vigorous economic expansion, Asia is confronting the environmental consequences of unfettered development. This poses a challenge because of the strong bias of prevailing cultural systems in the region toward the goal of lifting standards of living over achieving ecological sustainability. This book juxtaposes international environmental norms and practices with relevant Asian policies and their applications in key areas. Roda Mushkat examines the fundamental principle of public participation in environmental law-making, as well as the "rights approach," against the emergence of democratic and human rights norms in the region. The complex relationship between trade and the environment is also discussed in light of the strong regional emphasis on economic growth, trade liberalization, and the aversion to conditionalities. Given regionalization processes in Asia-Pacific and elsewhere, this work seeks to establish to what extent such processes have led to the regionalization of international environmental law. International Environmental Law and Asian Values concludes that, although some gaps can be identified between international imperatives and regional responses, "Asian values" have not proved to be an insurmountable barrier to the spread of international environmental legal ideas. On the whole, the region is responding to impulses emanating from the global arena rather than resisting them consciously. The analysis and conclusions of this comprehensive and original work will be of considerable interest to scholars of international law and relations, environmental policy, comparative culture, economic development, and social change.

Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.

National, sectoral, and international approaches to environmental law education are integrated in this comprehensive resource on environmental law in Asian and Pacific countries. A broader definition of sustainable development that incorporates social, cultural, and economic dimensions facilitates consideration of social justice and equity in environmental law. Specific environments including freshwater ecosystems, forests, and intercoastal zones are discussed in this volume, including information on biological diversity, climate change, and sustainable development.

How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.

Laws in the twentieth century were based on economic growth and development. This new century calls for the reassessment of all laws from an environmental perspective in consideration of such looming environmental concerns as global warming, degradation of biodiversity and pollution. This book captures some provoking thoughts raised during a symposium on second generation environmental laws held in Japan in 2002. The wide range of articles will promote greater understanding of what has been achieved with the first generation of environmental laws, what is needed for the second generation, and how to bridge the two.