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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Today, problems such as deforestation, biodiversity loss and illegal logging have provoked various policy responses that are often referred to as forest and nature governance. In its broadest interpretation, governance is about the many ways in which public and private actors from the state, market and/or civil society govern public issues at multiple scales. This book takes a fresh perspective on the study of forest and nature governance. Departing from 'practice theory', and building upon scholars like Giddens, Bourdieu, Reckwitz, Schatzki and Callon, it seeks to move beyond established understandings of institutions, actors, and knowledge. In so doing, it not only presents an innovative conceptual and methodological framework for a practice based approach, but also rich case studies and ethnographies. Finally, this book is about how actors involved in governance talk about and work with trees, forests, biodiversity, wildlife, and so on, while acting upon forest policies, environmental discourses, codes of conduct, or scientific insights.
Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.
Assessing natural resource damages often requires the use of nonmarket valuation techniques that were developed for use in benefit-cost analyses. Natural resource damage assessment dramatically changes the context for applying them. Two aspects of this context are especially important. First, damages are to be measured by the monetary value of the losses people experience, including their use and nonuse values, because of injuries to natural resources---a process requiring careful delineation of how the injuries connect to the resource's services. Second, a single identified entry---not generalized, anonymous taxpayers---must pay damages based on what is measured, and evaluations of the measurement techniques take place not in agency meeting rooms but in courtrooms. Contributors to Valuing Natural Assets examine the ways in which requirements for damage assessment change how the measures are used, presented, received, and defended. Drawing upon their personal involvement with the process and the research issues it has raised---both in providing analysis for defendants or plaintiffs in damage assessment cases and in writing for academic journals---their chapters reflect individual research programs that temper the rigorous demands of scholarship with the equally demanding standards of litigation.
An employer embarking upon a building project will inevitably have to enter into a number of complex contracts. There are published institutional standard forms for these purposes, but usually they will need to be amended in one way or another. The aim of this book is to help employers and their advisers (especially their Quantity Surveyors) in drawing up all the contracts required on a normal UK building project. The forms included in this book are a co-ordinated attack upon the task of legal documentation for building projects, and they are based upon, and incorporate by reference, the relevant published standard forms. The emphasis throughout is upon practicality. The forms are intended to achieve a good and reasonable deal for the employer, not a theoretical perfection which would be unachievable and non-negotiable in practice. This book should be of interest to quantity surveyors; construction managers; and solicitors specializing in construction law.
Environmental crimes are primarily driven by financial motives. The combined financial value of illicit trade in protected wildlife, illegal logging and waste trafficking is estimated to come directly after counterfeiting, the narcotic drugs trade and illegal gambling. Logically, the proceeds of these crimes must also be laundered. Goods, however, are not the only money maker for environmental criminals. Corporations may also try to 'save' costs by not complying with environmental regulations and thus commit crimes of omission rather than commission. From an enforcement and compliance perspective focusing on the proceeds of crime may therefore be an effective strategy. This book brings together different perspectives on the financial aspects of environmental crime and harm from a green criminological viewpoint. It addresses the role of economic systems, the value of environmental performance for corporations, money laundering in the context of environmental crime, financial investigation and questions of regulation and penalties. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the financial dimensions of crime and the environment.
Cities are frequently viewed as passive participants to state and national efforts to solve the toughest urban problems. But the evidence suggests otherwise. Cities are actively devising innovative policy solutions and they have the potential to do even more. In this volume, the authors examine current threats to communities across the U.S. and the globe. They draw on first-hand experience with, and accounts of, the crises already precipitated by climate change, population shifts, and economic inequality. This volume is distinguished, however, by its central objective of traveling beyond a description of problems and a discussion of their serious implications. Each of the thirteen chapters frame specific recommendations and guidance on the range of core capacities and interventions that 21st Century cities would be prudent to consider in mapping their immediate and future responses to these critical problems. How Cities Will Save the World brings together authors with frontline experience in the fields of city redevelopment, urban infrastructure, healthcare, planning, immigration, historic preservation, and local government administration. They not only offer their ground level view of threats caused by climate change, population shifts, and economic inequality, but they provide solution-driven narratives identifying promising innovations to help cities tackle this century's greatest adversities.
This book is open access under a CC BY-NC 2.5 license. This book provides an unprecedented synthesis of the current status of scientific and management knowledge regarding global rangelands and the major challenges that confront them. It has been organized around three major themes. The first summarizes the conceptual advances that have occurred in the rangeland profession. The second addresses the implications of these conceptual advances to management and policy. The third assesses several major challenges confronting global rangelands in the 21st century. This book will compliment applied range management textbooks by describing the conceptual foundation on which the rangeland profession is based. It has been written to be accessible to a broad audience, including ecosystem managers, educators, students and policy makers. The content is founded on the collective experience, knowledge and commitment of 80 authors who have worked in rangelands throughout the world. Their collective contributions indicate that a more comprehensive framework is necessary to address the complex challenges confronting global rangelands. Rangelands represent adaptive social-ecological systems, in which societal values, organizations and capacities are of equal importance to, and interact with, those of ecological processes. A more comprehensive framework for rangeland systems may enable management agencies, and educational, research and policy making organizations to more effectively assess complex problems and develop appropriate solutions.
This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.
Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors' interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states' asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states' interests to be voiced and considered in compliance decision-making processes.
More than a billion people cannot get safe drinking water; half the world's population does not have adequate sanitation; within a generation over three billion will be suffering from water stress. This text analyzes the issues in this crisis of management and shows how water can be used effectively and productively. The key to sustainable water resources is an integrated approach. The authors assert that careful planning and concerted action can make the fundamental changes needed and that the implications of not dealing with the crisis are immense. The book comes with a CD ROM containing background research and scenarios.
A one-of-a-kind book that provides winning strategies from both corporate and environmentalist points of view Insider's Guide to Environmental Negotiation reflects the author's more than 10 years of experience in environmental negotiation and reveals secrets previously known only to insiders familiar with what is needed to win in this volatile arena. The author has been personally involved in all of today's significant issues, including hazardous waste, environmental health, subsidence and flooding, air quality, and water and wastewater. The book provides critical insight into the negotiation process, both formal and informal, private and public. It also offers valuable tips on techniques, such as using the media to your best advantage and developing effective strategies. This practical, easy-to-read book is invaluable for industry personnel, environmental groups, expert witnesses, government officials, lawyers, lobbyists, consultants, politicians, and anyone else involved in the difficult art of environmental negotiation.
Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.
Regulatory Management: A Guide to Conducting Environmental Affairs and Minimizing Liability emphasizes the importance of establishing a proactive approach to permit negotiation and compliance. This book is an important guide to conducting environmental affairs and minimizing liability. This book is a "must have" book for anyone responsible for regulatory compliance/management - private industry, environmental consultants, university officials, environmental engineers, environmental attorneys.Public and political concern about the environment has grown at a phenomenal rate over the last several years. Not since the early 1970s has there been such emphasis on reducing pollution. Congress and the Environmental Protection Agency have responded by enacting tough new legislation and increasing enforcement activities. Industry, utilities, and other entities that continue to discharge must invest millions of dollars in advanced waste treatment or face heavy fines or liability.In 10 detailed chapters, the author explains how to establish cooperative partnerships with politicians and regulators, create solution-oriented strategies using legal and technical permit insights, allocate resources to provide maximum environmental protection at minimum cost, reduce accidents and errors through training programs and procedure documentation, and influence the regulatory process to win practical and achievable permit limits. The book also shows you how to increase public credibility and manage the media, track treatment operations to provide a strong defense in the event of litigation, and keep up with new regulations and new technologies. The book is designed to help its readers set into motion the processes that will develop real solutions to environmental/regulatory challenges and will assist in developing an active and proactive management style that focuses on results as it minimizes liability.
The consequences of the introduction and spread of invasive alien species in non-native ecosystems is an area of growing interest for international policymakers and regulators. Globalisation has increased the rate and magnitude of biological invasions, resulting in huge environmental, economic and social costs. Until recently, the effectiveness of international efforts to provide a coordinated response to the threat of alien invasions have been limited. This book considers the existing Multilateral Environmental Agreements and looks at the potential role of regional environmental governance, particularly in consideration of the adoption of the European Parliament and Council regulation 1143/2014 on the management and control of invasive species, to provide an effective response to this global threat.
This book is mainly about the National Environmental Policy Act (NEPA) of 1969 and the process for its implementation. This is most often called theNEPA process. The need for this book arises because, although the awareness for faithful implementation of NEPA has now matured, the method of NEPA implementation is not always known, and hence, needs to be clearly laid out for the benefit of project engineers and the decision makers in government and industry. This book aims to do that.
Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST - Integrated Coastal Zone and Shelf-Sea Research.
At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses - a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.
Does participatory governance benefit the environment? The European Water Framework Directive (WFD), which came into force in 2000 with the aim of revolutionizing European water governance, mandates participatory river basin management planning across the European Union. The belief of European policymakers and the European Commission is that participation will deliver better policy outputs and implementation. This book examines a range of approaches to participatory river basin management planning, and considers whether and how participation impacted on the environmental standard of planning documents, quality of implementation, and social outcomes. It draws on evidence from WFD implementation in eight case studies from Germany, Spain and the United Kingdom on the basis of a matched comparative case study design. The Directive sets common timeframes and procedural requirements, which provides a perfect test-bed and unique opportunity to study the effects of participation on implementation and outcomes in comparative perspective.
The Earth Charter is a declaration of fundamental ethical principles for building a just, sustainable and peaceful global society, with ecological integrity as a major theme. This book provides a series of analyses of ecological integrity as it relates to the Earth Charter, social movements and international law for human rights. It is shown how the Earth Charter project began as a United Nations initiative, but it was carried forward and completed by a global civil society initiative. The drafting of the Earth Charter involved the most inclusive and participatory process of its time ever associated with the creation of an international declaration. This process is the primary source of its legitimacy as a guiding ethical framework. The Earth Charter was finalized and then launched in 2000 and its legitimacy has been further enhanced by its endorsement by over 6,500 organizations, including many governments and international organizations. In the light of this legitimacy, an increasing number of international lawyers recognize that the Earth Charter is acquiring the status of a soft law document. The book also shows the strong connection between ecological integrity and social justice, particularly in the defence of indigenous people, and includes contributions from both the North and the global South, specifically from Central and South America.
This compilation of key materials in international environmental law takes account of the most significant developments in the field that have occurred during the past decade, including in the areas of climate change, chemicals and pesticides, biosafety, and nuclear safety, as well as good governance, compliance and liability. Not only does multilateral environmental law making have wide-ranging repercussions on the way national development policies are drafted and business is conducted, but also environmental issues increasingly interweave with those relating to human rights, trade, agriculture and intellectual property, making familiarity with the key instruments in international law essential for all working in these areas. The book comprises a representative selection of the most important studies in international environmental law, with an editorial introduction to each topic. Its focus on recent trends and cross-sectoral aspects makes it an indispensable tool for students, researchers, practitioners and policy makers in international environmental law and related fields.
This book is open access under a CC BY 4.0 license. This book takes an in-depth look at Louisiana as a state which is ahead of the curve in terms of extreme weather events, both in frequency and magnitude, and in its responses to these challenges including recovery and enhancement of resiliency. Louisiana faced a major tropical catastrophe in the 21st century, and experiences the fastest rising sea level. Weather specialists, including those concentrating on sea level rise acknowledge that what the state of Louisiana experiences is likely to happen to many more, and not necessarily restricted to coastal states. This book asks and attempts to answer what Louisiana public officials, scientists/engineers, and those from outside of the state who have been called in to help, have done to achieve resilient recovery. How well have these efforts fared to achieve their goals? What might these efforts offer as lessons for those states that will be likely to experience enhanced extreme weather? Can the challenges of inequality be truly addressed in recovery and resilience? How can the study of the Louisiana response as a case be blended with findings from later disasters such as New York/New Jersey (Hurricane Sandy) and more recent ones to improve understanding as well as best adaptation applications - federal, state and local?
This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.
This book is the third volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book bundles 15 contributions from those presented during the Third EELF Conference in Aix-en-Provence, hosted by the CERIC, Aix-Marseille University, from 2 to 4 September 2015.The central topic of the book is the effectiveness of environmental law. Indeed the impressive developments in environmental law in recent years have not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to human health have never been so numerous or so serious. Paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches to the topic. Suggestions for improving the effectiveness of environmental law range from classic yet still necessary approaches working within criminal and administrative channels, such as civil sanctions, liability rules and strengthening the regulatory structure and the role of judges, to more innovative methods involving public participation, collaborative or hybrid governance and private environmental enforcement. |
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