We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In this chapter, we present the major market failures and behavioural anomalies that are relevant to analyse energy and climate issues from an economic point of view. We start with a discussion on positive and negative externalities; next we discuss the public goods and common resource problem, followed by a presentation of the principal–agent and information problems, and then we provide a summary of the role of lack of competition in energy and energy-related markets. An important aspect described in this chapter is the role of behavioural anomalies, such as bounded rationality and bounded willpower. At the end of the chapter, we describe the most important energy and climate policies as well as the concept of sustainable development that should guide policy design. We also discuss issues in developing countries related to the topics discussed in the chapter.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.
Edited by
Daniel Benoliel, University of Haifa, Israel,Peter K. Yu, Texas A & M University School of Law,Francis Gurry, World Intellectual Property Organization,Keun Lee, Seoul National University
This chapter examines distributive justice (DJ) within the realm of international intellectual property (IP) laws, focusing on the digital era. It highlights DJ as a critical lens for understanding global IP laws, particularly where technology significantly influences the processes of creation. It also emphasizes the importance of global equity in achieving access to IP rights, within a comprehensive understanding of their scope. The United Nations Sustainable Development Goals focus on the context of peace, prosperity, and equality, though not explicitly centered on IP rights. Consequently, there is a need to redefine IP rights not only to address legal uncertainties but also to foster global equality. Moreover, the chapter delves into the roles of international entities like the World Intellectual Property Organization (WIPO) in managing challenges where global DJ and IP intersect. It highlights the importance of digital tools (e.g., blockchain) for authenticating original authors. The chapter asserts that proficient and reliable international organizations like WIPO are best suited to address these challenges. Furthermore, the chapter underscores the significance of an unbiased global investment system for promoting universal progress and equity. Ultimately, it explores how WIPO’s tools, such as WIPO Re:Search and WIPO Proof, exemplify DJ in the international IP framework.
Large-scale investment projects often involve contestation over competing notions of ‘development’—from promises of economic growth and integration into global value chains to perspectives that emphasise strong connections between people, territory, culture and way of life. This contestation also echoes diverse theories that have variously conceptualised development as growth, freedom, right or sustainability. This article argues that, in the face of such diversity and complexity, the notion of development that underpins international investment law tends to prioritise economic considerations. In the context of investment disputes, this can marginalise the ideas of development advanced by local actors and indigenous peoples. By connecting human rights and development in immediate terms, ongoing discussions about the right to development can provide an arena to centre ‘peoples’ as the key actor in development processes. But this normative shift would also require ensuring that the wider frameworks of international economic law recognise and provide space for plural notions of development.
While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles timely issues like race and gender disparities and the North-South divide in innovation. This book is available as Open Access on Cambridge Core.
This chapter addresses the suggestion that for a special regime to exist, community members must be engaged in a joint enterprise. In the context of international law, to claim that a group of international law specialists is engaged in a joint enterprise is to assert that they do what they do based on the idea that some certain state of affairs is desirable. As Chapter 4 argues, in the context of international law, the existence of such a presupposition can be inferred from the actual pursuit of those specialists of a distinct state of affairs, and the way in which they perform assignments.
The Sustainable Development Goals (SDG) are at the core of the development agenda. Despite their wide adoption, it is still unclear the extent to which they can provide insights on environmental sustainability. The paper presents an assessment of the potential of the indicators used in the SDGs to track environmental sustainability. The results show that only a few SDG indicators describe the state of the environment, and those that do so, do not, generally, have science-based targets that describe whether environmental sustainability conditions are met. The latter aspect should be reinforced in framework that will replace the SDGs after 2030.
Technical summary
The Sustainable Development Goals (SDG) are at the core of the development agenda. Despite their wide adoption, it is still unclear whether they can be used to monitor environmental sustainability, if this is to be understood from a strong sustainability perspective. The paper presents an assessment of the adequacy of the indicator sets used by United Nations, Eurostat, OECD, and the Sustainable Development Solutions Network for strong sustainability monitoring. The results show that most environmental indicators do not have science-based environmental standards that reflect whether natural capital meets environmental sustainability conditions, thereby preventing their use as strong sustainability indicators. While meeting the SDGs would likely contribute to improving environmental performance, on their own they are not adequate to monitor progress toward it. Complementary scientifically grounded metrics are needed to track the underlying state of natural capital that provides non-substitutable functions. The strong sustainability dimension within the SDGs will need to be strengthened in post-2030 sustainable development monitoring framework.
Social media summary
The Sustainable Development Goals are insufficient to monitor environmental sustainability.
In this chapter, I explore the imaginaries of prosperity underlying the European Union’s (EU) approach to industrial law and policy. Long considered a taboo in European politics, the EU began to rediscover industrial policy after the 2008 great financial crisis, gradually increasing its ambitions when it came to shaping the relations between the state and the market. Having reviewed an array of EU measures, starting with the 2010 industrial policy and including the more recent burst of legislative proposals (Chips Act, Batteries Act, Critical Minerals Act, and Net Zero Industry Act), this chapter aims to do two things. First, it identifies shifts in the background understanding of political economy, including the role and appropriate objectives of markets, politics, law, and government, that lie behind successive policy interventions. Second, this chapter sketches the contours of the new synthesis of prosperity that emerges from these recent proposals and measures, while at the same time, and in no ambiguous terms, drawing attention to its considerable limitations.
This chapter outlines the different conceptual frameworks that can be used to better understand the evolving role nature has played in cities. It distinguishes between socioecological systems and urban political ecology, each of which influence how nature has been regarded and treated in different time periods and urban settings. It seeks to provide an overview of these concepts and explain their implications for how urban nature and nature-based solutions are constructed and viewed today as an urban policy issue. The chapter presents different approaches to understanding urban nature, nature-based solutions, and the relationship between nature and cities. It also discusses the emergence of urban nature and nature-based solutions as a response to urban sustainability challenges. The chapter engages with two case studies to illustrate its key messages: Urban Forest Strategy in Melbourne, Australia, and the Eco-Valley of Tianjin Eco-City in Tianjin, China.
Smart agriculture is based on latest technologies in communication, big data analysis, high-performance sensors, and automatic machinery to improve the effectiveness of agriculture industry. China is looking forward to achieve modernization of its agriculture industry through smart agriculture. But its unique climate, landscape, diversity in crops, and large population make this task more challenging compared to other counties. Herein, we present the current achievements regarding policies made to guide and support the development of smart agriculture, the promotion of smart techniques and smart equipment, and the cultivation of specialists in smart agriculture. Then we discussed the existing challenges that hinder further development of smart agriculture industry and proposed several feasible solutions to solve or ease the problem, including the pertinent development of smart agriculture in provinces with different resources, enrich modes of online technical support and specialist cultivation, and set a series of standards to guide research and development of novel smart systems.
The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.
The rationale behind state support for, and obedience to, normative rules and obligations has long been a topic of international law scholarship discourse. What has yet to be fully established, however, is why virtually all states have agreed to adhere to a seemingly novel global paradigm with ambitious yet non-binding objectives – the United Nations 2030 Sustainable Development Goals (SDGs). This article identifies six factors as contributing to the influencing power of the SDGs – namely, the role of law, particularly inter- and transnational law, the legitimacy of the framework, the notion of reciprocity, reputational concerns, national self-interest, and the moral duty to address the shared global challenges of sustainable development.
By exploring their strengths and limitations through several theoretical frameworks (including Harold Koh's theory of transnational legal processes, Thomas Franck's theory of legitimacy, and Ryan Goodman and Derek Jinks’ three mechanisms of social influence), this article argues that the combination of these factors motivates voluntary state commitment, reporting, and cooperation under the SDG framework and that, overall, the SDGs offer a versatile lens to explore the different motives for state adherence to a soft law framework in the inter- and transnational legal spheres.
The aim of the contribution is to focus on the conflicts arising between climate-related renewable energy goals vis-a-vis environmental protection interests. To this effect, the analysis will firstly investigate the origin of such types of conflicts, which may also be named intra-environmental conflicts, and define their main characteristics; secondly, the regulatory choices made by the RED II and the RED III Directives to manage these conflicts will be presented and compared, with a particular focus on the three key features of the recently approved RED III Directive; thirdly, an alternative approach to address such types of conflicts will be proposed. This is based on the principle of integration, to be interpreted with an ecological sustainability reading of the principle of sustainable development.
This contribution to the Symposium on Ecosystem Restoration and EU Law is concerned with the changing features of sustainability. It argues that the Commission is gradually articulating, next to the consolidated objective of sustainable development, an ecological understanding of sustainability. It discusses the meaning and relevance of such new understanding, by asking how ecological sustainability is formulated as a policy objective and jurified in the legislation stemming from the Green Deal. It then reflects on the distinction between ecological sustainability and sustainable development. The contribution finally presents some thoughts on the relevance that the ongoing process of complication of the legal construction of sustainability may have for the Green Deal.
Access to waste management services is crucial for urban sustainability, impacting public health, environmental well-being, and overall quality of life. This study employs logistic regression analysis on survey data collected from 1,032 household heads residing in Nouakchott, the capital of Mauritania. The survey investigated key household factors that determine access to waste management services. The findings reveal a significant interplay among waste service provision, the presence of cisterns, housing type and size, and access to electricity. Socioeconomic disparity in service access, with poorer housing formats like shacks receiving substandard services. In contrast, areas with robust electrification report better service access, although inconsistencies remain amid power outages. The research highlights the challenges faced by Riyadh municipality, particularly rapid growth and inadequate infrastructure, which hinder waste management efficiency. Overall, the results not only illuminate Nouakchott’s unique challenges in service provision but also propose actionable recommendations for a sustainable urban future. These recommendations aim to inform and guide targeted policies for improving living conditions and environmental sustainability in urban Mauritania.
Chapter 2 analyses some foundational ideas relied upon in the book. This conceptual base comprises an analysis of nature, the environment, development, and sustainable development. These concepts are discussed as a progressive movement of a complex ideation: where nature is conceptualised as the starting point, later becomes the environment, then advances to become development, and is finally transformed into sustainable development. I employ Third World Approaches to International Law (TWAIL) in my analysis of neo-imperial ideologies and allied Eurocentric philosophies and how these are embedded in the contemporary language of sustainable development. At each stage of the analysis, I highlight the significance of human agency as the defining character of the transformations that occur within this conceptual fluidity. It accounts for the persistence of the subtext of Eurocentrism and demonstrates how the interplay of law, politics, ethics, and history as sustainable development is established upon different elements of both law and non-law theories. The analysis in this chapter is refracted through ’Afrosensitivity’, which I describe as a reaction to Africa as a conceptual tool in sustainable development discourse, and as a conscious, alternative route for imprinting African legal cosmologies on this global phenomenon called sustainable development.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Education is a prerequisite for the attainment of sustainable development, with multiplier effects on society. This study examines the possibility of achieving inclusive and equitable education under the UN Sustainable Development Goal (SDG) 4, AU Agenda 2063 and ECOWAS Vision 2050. Copyright plays an essential role in either encouraging or barring access to educational materials, which are necessary for the attainment of SDG 4. Through a desk study using the laws and policies of English-speaking West African countries (Gambia, Ghana, Liberia, Nigeria and Sierra Leone), the article examines the copyright laws of these jurisdictions in order to determine how they facilitate or stop access to knowledge. It finds that most of the jurisdictions (except Nigeria) have not maximized the flexibilities available for access to knowledge through copyright limitations and exceptions, thereby barring access to educational materials. It recommends a review of national copyright legislations in line with a developmental perspective.
Farmers struggle to combat uncertain climate issues while encountering pressure on conventional farming practices that lead to carbon emissions, water and soil pollution, and other environmental harms. A growing body of literature investigated circular economy and sustainable practices to support environmental-friendly agriculture activities while providing opportunities for farmers to improve their farm income. Therefore, a study synthesizing previous literature while identifying actual policy to boost farmers’ implementation of sustainable agriculture is worthwhile. Using the Systematic Literature Review analysis, this paper aims to identify farmers’ views on climate change adaptation and mitigation, challenges in implementing circular economy and sustainable practices, and policies to support farmers’ transition toward sustainable agriculture in developed and developing countries. We found that (1) farmers’ awareness of climate change, knowledge and skills are prominent for adapting and mitigating climate change in both types of countries, (2) farmland size, risks of income loss, and training and extension services influenced farmers’ adaptation and mitigation strategies for climate change in developing countries, (3) farmers in both types of countries experienced uncertainty in economic profits and legislative issues when adopting sustainable practices, while farmers in developing countries issued significant up-front expenses to acquire technology to adopt sustainable practices, (4) financial access and incentives through policy can be valuable to develop sustainable livelihoods, especially for farm households.
Environmental violence encompasses both the violence between humans and the Earth, and the violence that humans perpetrate on each other through the Earth. The concept of Sustainable Development, while aimed at improving both the human–Earth relationships and the relationships between humans, has problematic historical baggage: It is rooted in a Western idea of development, which is imbued in violence against various non-Western peoples and is perpetuating controversial takes on economic growth and appropriate technology. This renders the concept of Sustainable Development questionable, adding complications to the realization of its many, at times contradicting, goals. This chapter discusses issues in the concept of Sustainable Development and its implementation, suggesting a shift to the pursuit of a different concept: Sustainable Life.