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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Environmental law provides a comprehensive and succinct examination
of the entire environmental law landscape in South Africa. The
second edition includes a new chapter on climate change, and also
examines the following recent developments: the new environmental
impact assessment (EIA) regime (2010 regulations) several
amendments to the National environmental management act and other
environmental legislation the new National environmental
management: waste act the new National environmental management:
Integrated coastal management act several important developments in
delegated legislation numerous new cases, including the
far-reaching Fuel Retailers decision in the Constitutional Court.
Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning
Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law.
Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.
New Methods, Reflections and Application Domains in Transport
Appraisal, Volume 7 in the Advances in Transport Policy and
Planning series, assesses both successful and unsuccessful
practices and policies from around the world. Chapters in this new
release include Evaluating transport equity, Participatory Value
Evaluation, Sustainability assessment of transport policies, plans
and projects, Deliberative appraisal methods, Appraisal methods of
public transport projects, Appraisal of cycling and pedestrian
projects, Appraisal of Freight Project, Project appraisal methods:
tools for optimizing or for informed political debate?, and
Research agenda for appraisal methods.
The containment of pollution by physical defenses is the first step
in restoring the ocean to its natural state. The first two chapters
of Oil Spill Studies: Healing the Ocean, Biomarking and the Law
describes the feedback on seven experiments made on the East
Atlantic Ocean. The first chapter concerns semi-open sites while
the second focuses on open environment directly linked to the
ocean. The third chapter examines pollution from a French harbor
marina and its effects on the local biodiversity. The book provides
a methodology to quantify biological contamination coming from
heavy metal releases into the environment. Chapter four provides
the state-of-the-art in the science of a mid-depth-living fish
species affected by the treatment of oil pollution by chemical
dispersion. In a similar way, the fifth chapter addresses new
explored and exploited ocean with extreme environments such as the
Arctic and deep sea. The sixth and final chapter provides a
lawyer's analysis on the subject.
Ahistorical overview of the development of mineral law prior to the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘MPRDA’) a theoretical analysis of the basis of the custodian structure that was adopted in the MPRDA. A systematic exposition of the acquisition, nature, content, transfer and loss of rights, permissions and permits to minerals and petroleum. An overview of conflict resolution between the exercise of rights to minerals by prospectors or miners and owners or occupiers of land. A synopsis of the registration of rights in the Mineral and Petroleum Titles Registration Office
The Limits of Criminal Law shines light from the outer edges of the
criminal law in to better understand its core. From a framework of
core principles, different borders are explored to test out where
criminal law's normative or performative limits are, in particular,
the borders of crime with tort, non-criminal enforcement, medical
law, business regulation, administrative sanctions,
counter-terrorism and intelligence law.The volume carefully
juxtaposes and compares English and German law on each of these
borders, drawing out underlying concepts and key comparative
lessons. Each country offers insights beyond their own laws. This
double perspective sharpens readers critical understanding of the
criminal law, and at the same time produces insights that go beyond
the perspective of one legal tradition.The book does not promote a
single normative view of the limits of criminal law, but builds a
detailed picture of the limits that exist now and why they exist
now. This evidence-led approach is particularly important in an
ever more interconnected world in which different perceptions of
criminal law can lead to profound misunderstandings between
countries. The Limits of Criminal Law builds picture of what shapes
the criminal law, where those limits come from, and what might
motivate legal systems to strain, ignore or strengthen those
limits. Some of the most interesting insights come out of the
comparison between German systematic approach and doctrinal limits
with English laws focus on process and judgment on individual
questions.
In 1973, a group of California lawyers formed a non-profit,
public-interest legal foundation dedicated to defending
conservative principles in court. Calling themselves the Pacific
Legal Foundation, they declared war on the U.S. regulatory
state-the sets of rules, legal precedents, and bureaucratic
processes that govern the way Americans do business. Believing that
the growing size and complexity of government regulations
threatened U.S. economy and infringed on property rights, Pacific
Legal Foundation began to file a series of lawsuits challenging the
government's power to plan the use of private land or protect
environmental qualities. By the end of the decade, they had been
joined in this effort by spin-off legal foundations across the
country. The Other Rights Revolution explains how a little-known
collection of lawyers and politicians-with some help from angry
property owners and bulldozer-driving Sagebrush Rebels-tried to
bring liberal government to heel in the final decades of the
twentieth century. Decker demonstrates how legal and constitutional
battles over property rights, preservation, and the environment
helped to shape the political ideas and policy agendas of modern
conservatism. By uncovering the history-including the regionally
distinctive experiences of the American West-behind the
conservative mobilization in the courts, Decker offers a new
interpretation of the Reagan-era right.
This book is a journey through the arts and green architecture and
the history of architecture, spirituality both Christian and
eastern philosophy and poetry.
Wild Law weaves politics, legal theory, quantum physics and ancient wisdom into a fascinating and inspiring story about how to rediscover a viable role for the human species within the Earth community.
This title has been seminal in inspiring the global movement to recognise rights for Nature - a movement destined to shape the 21st Century as significantly as the human rights movements shaped the 20th Century. Wild Law reveals how the governance systems of contemporary civilisations legitimise and promote the disastrous exploitation and destruction of Earth and why an Earth-centred approach is essential to address climate change and the accelerating degradation of the ecological systems on which we depend. Cormac Cullinan explains how to begin transforming industrialized societies to ensure that the pursuit of
human wellbeing enhances the beauty, health and diversity of Earth instead of diminishing it.
This edition includes a new preface, postscript and the Universal Declaration of the Rights of Mother Earth proclaimed on 22nd April 2010 by the People's World Conference on Climate Change and the Rights of Mother Earth.
Courts, regulatory tribunals, and international bodies are often
seen as a last line of defense for environmental protection.
Governmental bodies at the national and provincial level enact and
enforce environmental law, and their decisions and actions are the
focus of public attention and debate. Court and tribunal decisions
may have significant effects on environmental outcomes, corporate
practices, and raise questions of how they may best be effectively
and efficiently enforced on an ongoing basis.Environment in the
Courtroom, Volume II examines major contemporary environmental
issues from an environmental law and policy perspective. Expanding
and building upon the concepts explored in Environment in the
Courtroom, it focuses on issues that have, or potentially could be,
the subject of judicial and regulatory tribunal processes and
decisions. This comprehensive work brings together leading
environmental law and policy specialists to address the protection
of the marine environment, issues in Canadian wildlife protection,
and the enforcement of greenhouse gas emissions regulation. Drawing
on a wide range of viewpoints, Environment in the Courtroom, Volume
II asks specific questions about and provides detailed examination
of Canada's international climate obligations, carbon pricing,
trading and emissions regulations in oil production, agriculture,
and international shipping, the protection of marine mammals and
the marine environment, Indigenous rights to protect and manage
wildlife, and much more. This is an essential book for students,
scholars, and practitioners of environmental law.
Perspectives from worldwide experts on how major cities across the
globe are responding to the major environmental threats of our
time, including global climate change Over half of the world's
population now lives in cities, and this share is expected to
increase in the coming decades. With growing urbanization, cities
and their residents face substantial environmental challenges such
as higher temperatures, droughts, wildfires, and increased
flooding. In response to these pressing challenges, some cities
have begun to develop local environmental regulations that
supplement national and environmental laws. In so doing, cities
have stepped into a role that has been historically dominated by
higher levels of government. Global Sustainable Cities takes stock
of the policies that have been implemented by cities around the
world in recent years in several key areas: water, air pollution,
greenhouse gas emissions, and climate adaptation. It examines the
advantages-and potential drawbacks-of allowing cities to assume a
significant role in environmental regulation, given the legal and
political constraints in which cities operate. The contributors
present a series of case studies of the actions that seven leading
cities-Abu Dhabi, Beijing, Berlin, Delhi, London, New York, and
Shanghai-are taking to improve their environments and adapt to
climate change. The first volume of its kind, Global Sustainable
Cities is a critical comparative assessment of the actions that
major cities in the global North and South are taking to advance
sustainability.
Environmental Sustainability and Economy contains the latest
practical and theoretical concepts of sustainability science and
economic growth. It includes the latest research on sustainable
development, the impact of pollution due to economic activities,
energy policies and consumption influencing growth and environment,
waste management and recycling, circular economy, and climate
change impacts on both the environment and the economy. The 21st
century has seen the rise of complex and multi-dimensional pathways
between different aspects of sustainability. Due to globalization,
these relationships now work at varying spatiotemporal scales
resulting in global and regional dynamics. This book explores the
complex relationship between sustainable development and economic
growth, linking the environmental and social aspects with the
economic pillar of sustainable development. Utilizing global case
studies and interdisciplinary perspectives, Environmental
Sustainability and Economy provides a comprehensive account of
sustainable development and the economics of environmental
protection studies with a focus on the environmental, geographical,
economic, anthropogenic and social-ecological environment.
The mission of The Italian Yearbook of International Law is to make
available to the English-speaking public the Italian contribution
to the literature and practice of international law. Volume XXXI
(2021) opens with a Symposium on the Mediterranean Sea and
international law. As in every volume the following sections
feature Articles, Notes and Comments, Practice of International
Courts and Tribunals, Italian Practice of International Law and
Bibliographies.
Standard Transport Appraisal Methods, Volume 6 in the Advances in
Transport Policy and Planning series, assesses both successful and
unsuccessful practices and policies from around the world. Chapters
in this new release include Transport models, Cost-Benefit
Analysis, Value of Travel Time Savings and reliability, Value of
Statistical Life, Wider economic benefits, Multi-criteria analysis,
Best-Worst Method, Participatory Value Evaluation, Ex-post
evaluation, Sustainability assessment, Evaluating Transport Equity,
Environmental Impact Assessment, Decision-Support Systems,
Deliberative appraisal methods, Critique on appraisal methods,
Appraisal methods in developing countries, Research agenda for
appraisal methods, and much more.
A critical legal scholar uses feminist and environmental theory to
sketch alternate futures for Appalachia. Environmental law has
failed spectacularly to protect Appalachia from the ravages of
liberal capitalism, and from extractive industries in particular.
Remaking Appalachia chronicles such failures, but also puts forth
hopeful paths for truly radical change. Remaking Appalachia begins
with an account of how, over a century ago, laws governing
environmental and related issues proved fruitless against the
rising power of coal and other industries. Key legal regimes were,
in fact, explicitly developed to support favored industrial growth.
Aided by law, industry succeeded in maximizing profits not just
through profound exploitation of Appalachia's environment but also
through subordination along lines of class, gender, and race. After
chronicling such failures and those of liberal development
strategies in the region, Stump explores true system change beyond
law "reform." Ecofeminism and ecosocialism undergird this
discussion, which involves bottom-up approaches to transcending
capitalism that are coordinated from local to global scales.
Peaceful Maritime Engagement in East Asia and the Pacific Region
includes contributions from the most influential figures in the law
of the sea to provide context and direction for developing maritime
governance in East Asia and the Pacific Ocean. Peaceful management
of disputes includes cooperation over deep seabed mining,
negotiations for a legally binding instrument on biodiversity
beyond national jurisdiction, contending approaches to baselines
and East Asia maritime boundary disputes, freedom of navigation and
maritime law enforcement. Chapters also explore new interpretations
for preservation of the marine environment and the special problems
posed by marine plastics and nexus between the ocean and climate
change.
Hydraulic Fracturing in the Karoo: Critical Legal and Environmental
Perspectives explores a broad-ranging set of questions related to
proposed hydraulic fracturing or `fracking' in the Karoo. The book
is multidisciplinary, with contributors including natural
scientists, social scientists, and academics from the humanities,
all concerned with the ways in which scientific facts and debates
about fracking have been framed and given meaning. The work
comprises four parts: Part 1 provides an international, legal,
energy, economic, and revenue overview of the topic. Part 2 has a
physio-geographic theme, with chapters on the inter-related aspects
of water, geology, geo-hydrology, seismicity and biodiversity, as
well as archaeological and palaeontological considerations. Part 3
focuses on public health, and sociological and humanities-related
aspects, and Part 4 addresses the relevant laws, emphasising their
implementation and the role of governance. The underlying theme of
Hydraulic Fracturing in the Karoo: Critical Legal and Environmental
Perspectives is one of caution. The book emphasises the need for
collaboration between the natural and social sciences and the
responsibilities of those charged with the implementation and
governance of the fracking enterprise if South Africa hopes to
effectively manage fracking at all.
Do animals have legal rights? This pioneering book tells readers
everything they need to know about animal rights law. Using
straightforward examples from over 30 legal systems from both the
civil and common law traditions, and based on popular courses run
by the authors at the Cambridge Centre for Animal Rights, the book
takes the reader from the earliest anti-cruelty laws to modern
animal welfare laws, to recent attempts to grant basic rights and
personhood to animals. To help readers understand this legal
evolution, it explains the ethics, legal theory, and social issues
behind animal rights and connected topics such as property,
subjecthood, dignity, and human rights. The book's companion
website (bloomsbury.pub/animal-rights-law) provides access to
briefs on the latest developments in this fast-changing area, and
gives readers the tools to investigate their own legal systems with
a list of key references to the latest cases, legislation, and
jurisdiction-specific bibliographic references. Rich in exercises
and study aids, this easy-to-use introduction is a prime resource
for students from all disciplines and for anyone else who wants to
understand how animals are protected by the law.
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