Anthem EnviroExperts

Reviewed by Sharmila L. Murthy, Suffolk University Law School

Christina Leb stresses the need for international cooperation when it comes to transboundary water systems, particularly in respect to international water law and resource management.

Cooperation in the Law of Transboundary Water Resources, by Christina Leb, Cambridge University Press, 2012, 363 pp.

In her book on the Cooperation in the Law of Transboundary Water Resources, Christina Leb makes a strong case for the heightened importance of the duty to cooperate within international water law.  She methodically and carefully illustrates how the duties and obligations associated with cooperation on transboundary water resources have become more robust over time, which reflects broader trends within the fields of public international law and international relations.  The duty to cooperate was not explicitly recognized by early texts that sought to codify international water law, but, for example, by the time the UN Watercourses Convention was drafted, it was described as a “general principle.”  Leb further builds her case by explaining how it is misleading to conceive of the general duty to cooperate as merely a “procedural” obligation, rather than also considering the interrelated “substantive” aspects. (p.114)  Drawing on real-world examples, she links the substantive and procedural content together to consider specific cooperation obligations, such as the regular exchange of data and information.

In an understated way characteristic of her style, Leb argues that the duty of cooperation is now on par with the two seminal principles of international water law, namely “equitable utilization” and “the obligation not to cause significant harm,” which Leb describes as “the principle of good neighborliness.”  She illustrates how these principles, along with the duty to cooperate, “interact, overlap and mutually support on another as general principles of international water law” and thus, should be understood as a “triangle of cornerstone principles.” (p.105)  Drawing on a textual analysis of over 200 bilateral and multi-lateral treaties concerning transboundary water resources as well as key judicial decisions, she supports this argument through examples of state cooperation, such as via negotiations, consultations, planning and joint management (see Chapters 4 and 5).

The book also delves into another fascinating area of the law, namely the intersection of transboundary water law and human rights law.  In Chapter 6, Leb considers the relationship between the obligation of “vital human needs” as set forth in the UN Watercourses Convention with recent recognition of a human right to water by the United Nations, which derives from existing treaty obligations under the International Covenant on Economic, Social and Cultural Rights.  Leb tackles one of the more controversial aspects of this newly recognized human right by considering the degree to which there are associated extraterritorial obligations.  Under the existing human rights framework, states have obligations to individuals within their boundaries, but not to individuals living in other states.  Leb suggests that a provision in the UN Watercourses Convention relating to non-discrimination with regard to access to justice could be complementary to human rights law and provide a way of expanding transboundary water obligations with respect to vital human needs.

Leb’s book offers a thorough analysis of the increasingly important role the duty to cooperate plays in international water law.  While the topics she addresses will be relevant to anyone interested in questions of transboundary water governance, the style of writing and approach will make it most interesting and accessible to legal scholars.

Reviewed by Nicholas A. Ashford, Massachusetts Institute of Technology

In this book, eleven prominent climate change authorities discuss the moral, legal and political implications of imposed climate-modifying geoengineering projects.

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, Governance Frameworks, edited by Wil C. G. Burns and Andrew L. Strauss, Cambridge University Press, 2013, 328 pp.

This book is an apology for addressing global climate change through the application of geo-engineering (GE) which encompasses injection of reflective sulfate particles into the air and seeding the ocean with iron.  The ethical implications of CE are addressed but most of the book is relegated to examining the technical, economic, legal, and political implications of its adoption – including challenges posed by nations taking unilateral action. Many of the essays in this multi-authored book argue that we have made little progress on reducing greenhouse gases (GHGs) – because of the large economic costs and lack of a collective world agreement – and that the imperative of a worsening global climate leaves us little choice but to undertake the R&D necessary to develop CE, which some of the authors of the chapters consider inevitable.  While the need to clarify and assess the side effects of CE is acknowledged, perhaps too much optimism – and too little technological and legal uncertainty – about their management is voiced and in some cases defended on cost-benefit grounds.  While the difficulties of getting a global agreement on reducing GHGs are discussed, a close reading of the book reveals equivalent, if not greater difficulties in addressing the legal barriers to CE.

What is sorely missing from the book is an acknowledgement that since the economic meltdown of 2008, industrial activity and emissions have in fact slowed and some progress has been made in global-climate policy alliances of western North-American states/provinces and some European countries, and the beginnings of GHG legal regulation are in process by the US EPA. The historic large rate of economic growth of the industrial nations is no longer assured as a result of the financial crisis. Meeting voluntary GHG reduction targets may now be more easily realized, not because of technological progress or political commitment, but because the developed world’s high throughput economic system may be reaching its systemic and economic limits.  Further, should the real costs of global climate disruption begin to be increasingly fully realized in terms of agricultural disruption, coastal destruction, and weather-related disasters, the economic futility of reducing nations’ dependence on energy-intensive activities may also be waning.  Cultural shifts in patterns of consumption, decreasing disposable income by many, cutbacks in industrial production, and an environmental awakening may well counter the arguments that we have no choice but to develop GE. The book makes an important contribution to policy discussions about CE, but its underlying premise that CE is inevitable and probably good is questionable.

Reviewed by Danya Rumore, Massachusetts Institute of Technology

Moser and Boykoff address the question of what successful adaptation would look like by delving into the various definitions of success (including the economic, political, institutional, ecological, and social dimensions) to help shed light on the complexity of the situation.

Successful Adaptation to Climate Change: Linking Science and Practice in a Rapidly Changing World, Edited by Susanne Moser and Maxwell Boykoff, Routledge, 2013, 331 pp.

Planning and preparing for the impacts of climate change are among the most pressing concerns of the 21st century. However, while the importance of climate change adaptation is increasingly clear, there is little clear guidance on what “successful adaptation” means. What should planners, policy-makers, and other professionals working on adaptation aim to accomplish? How should we as a society judge our success in managing the risks associated with climate change? What tools, techniques, and processes are crucial to effective adaptation? These are the questions that adaptation scholars and practitioners take up in Susanne Moser’s and Maxwell Boykoff’s edited volume Successful Adaptation to Climate Change.

Through case studies ranging from adaptation efforts in the San Francisco Bay area to risk communication efforts in the Mekong Region, the authors explore the tricky terrain of adaptation. They don’t try to provide a single, concrete answer to the question of “What is adaptation success?” Rather, the contributors try to help readers understand the challenges and opportunities inherent in adaptation decision-making. They make clear that “adaptation success” is context-specific and socially defined. And, they provide encouraging evidence that effective solutions can be found.

With fresh examples and interdisciplinary research from across the world, Successful Adaptation to Climate Change offers a thorough if not entirely comprehensive view of the adaptation landscape. The book’s chapters take on issues spanning from science-policy interactions to effective communication and engagement, drawing on empirical data and experiences to infer lessons learned. From the case studies, a number of valuable themes emerge, such as the importance of meaningfully engaging those likely to be affected by climate change impacts and adaptation decisions; the need for more effective decision-support systems that can feed relevant science and information into planning and decision-making; and the necessity of institutionalizing systems for monitoring, evaluating, and learning from adaptation practice. Perhaps the most striking take away for many readers is the conclusion that—as explicitly stated by Lisa Dilling and Rebecca Romsdahl in their chapter on “Promoting adaptation success in natural resource management through decision support”—investing in people and effective institutions is likely to be as important to successful adaptation as investing in scientific data and technical tools.

Successful Adaptation to Climate Change, while very accessible, is largely academic in tone and provides more in the way of big picture guidance than specific advice for those facing on-the-ground decisions. Hence, it is likely to be more relevant for academics, students, and those working at the science-policy interface than for most planners and policy-makers. However, in providing one of the most comprehensive overviews of adaptation concerns, research, and action on the ground to date, the book has valuable lessons for anyone working to support effective adaptation.

Reviewed by Isabelle Anguelovski, Massachusetts Institute of Technology

This book, co-edited by Hernan Casakin and Fátima Bernardo, looks into the role of place identity in shaping a person’s perception, understanding and appreciation of their physical environment.

The Role of Place Identity in the Perception, Understanding, and Design of Built Environments, Edited by Hernan Casakin and Fátima Bernardo, Bentham Science, 2012, 231 pp.

How are place attachment, sense of belonging, and place identity relevant to the experience of residents, urban planners, and architects in the built environment? A number of disciplines ranging from environmental psychology, geography, urban sociology, architecture, or urban planning have engaged at length with the concept of place identity – that is the part of our personal identity through which people express their belonging to a specific place. However, to date little attention has been paid to the relationships between identity, place, and urban design and planning. This is an important gap in theory, empirical research, and practice-oriented work that the wide diversity of chapters in The Role of Place Identity in the Perception, Understanding, and Design of Built Environments attempt to fill.

Not only does this volume provide insights into the diverse ways through which people experience their city or neighborhood and the ties they weave with it despite disruptions, change, and new developments. The authors also offer in-depth analysis about place (re)creation over time and the specific role of architects, developers, and policies (such as overcrowding ordinances, zoning, urban renewal and redevelopment) as they affect the identity of a place and the local value it has for residents. This intellectual concern is particularly relevant in a context of urban globalization, competition, integration, homogenization, and architecture’s obsession with modernism, together with demands for urban design originality and differentiation.

A few chapters (13,14) analyze those tensions very nicely as they uncover the multiple ways in which architects reshape cities and neighborhoods, and how many new projects and buildings create anonymity, vacuum, and disconnection for traditional residents. As place identity becomes reshaped, the built environment is at risk of losing its vitality and livability. Most of the authors also propose concrete recommendations for creating more holistic and deeper approaches to urban design through a variety of nicely documented cases studies – from the design of welcoming and useful spaces for elderly residents in Israel (Chapter 8) to the protection and enhancement of public spaces in informal settlements in Colombia (Chapter 7).

Despite these compelling insights, the volume is bit repetitive in regards to the theoretical frameworks or definitions offered in each chapter. It would also gain from an Introduction and Conclusion bringing all the chapters together and providing greater cohesion to the volume. It reads more like a – rich and detailed – collection of essays than a true edited volume with an original argument. The argument is not new that urban designers must understand people’s experiences of and expectations from places when they develop, (re)develop, or rebuild them. The book only alludes to the numerous conflicts and forms of contestation that arise over place transformation and place identity disruption, and how urban planners, designers, and architects confront these movements and conflicts. How does place identity in the built environment becomes reshaped and reasserted in light of resistance?

Reviewed by Lawrence Susskind, Massachusetts Institute of Technology

Dr Brian Stone, Jr. provides new information about the disastrous heat island effects created by urban centers and prescribes various policy frameworks to help correct this increasingly urgent situation.

The City and the Coming Climate: Climate Change in the Places We Live, by Brian Stone, Jr., Cambridge University Press, 2012, 187 pp.

In his incredibly important book, Professor Brian Stone and his team at Georgia Institute of Technology show in no uncertain terms that CO2 emissions are not the only cause of climate change. Thus, reducing CO2 emissions won’t address the heat waves and frightening heat island threats that kill more people than any other climate-related risk each year. The “loss of trees and other vegetative cover combined with the emission of waste heat from industries, vehicles and buildings” is causing dangerous heat island effects in cities all over the world. Climate science has tended to ignore the fact that cities are getting hotter than the countryside that surrounds them. And adaptation strategies that don’t reduce the causes of urban heat islands are beside the point.

In an easily accessible but scientifically scrupulous way, Stone explains why climate skeptics no longer have any basis for doubting that human actions are the cause of current worldwide temperatures increases. And, he provides persuasive modeling evidence to show that temperature increases in cities represent a serious health hazard.

Stone argues for (1) broadening the definition of climate change to encompass land-surface drivers; (2) a regional scale approach to monitoring and explaining temperature changes; (3) a commitment to forest protection and reforestation, particularly in developing countries like Brazil and Indonesia; and (4) adaptive mitigation (e.g. ways of reducing climate change impacts that help cities achieve other objectives at the same time).

In my view, Stone doesn’t get the international relations behind climate change treaty-making right; and, because he doesn’t put climate change treaty-making in the broader context of other global negotiations (e.g. perpetual North-South disagreements, the difficulties of getting any country to relinquish any of it sovereignty, enforcement problems with all international law, the principle of differentiated responsibility that was the key to getting developing countries to sign the original 1992 Framework Convention, etc.), his proposed reforms are less than compelling. Nevertheless, after reading this book it is impossible to think about climate change as a problem we can pass on to future generations. Cities need to do something now. Moreover, we don’t need international mandates to force us to implement land-based mitigation. The health and welfare of current residents depends on cities restoring vegetation and reducing (and capturing) the thermal radiation created by urban development.