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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning in order to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning in order to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.
Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the 'hard' sense of directly regulating human activities that impact nature, and in the 'soft' manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, 'nature' is a self-perpetuating and self-reinforcing social creation.
This is the first textbook to provide a focused, subject specific guide to planning practice and law. It gives students essential background and contextual information to planning's statutory basis, supported by practical and applied discussion, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited qualifications.
Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.
Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book's contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
The mining sector has been an integral part of economic development in many African countries. Although minerals have been exploited for decades in these countries, the benefits have not always been as visible. This has necessitated reforms including nationalisation of mining activities in the distant past; and currently legal and regulatory reforms. This book gives an insight of these reforms and with reference to the fieldwork research undertaken by the author in some African countries, the book highlights the social and environmental impacts of mining activities in Africa. The central question of the book is, why the mining laws have worked in some countries but not others and what can be done to ensure that these laws are effective? Consequently, the book analyses the legal reforms made in the sector and highlights both the challenges and the opportunities for foreign investors as well as the African governments and local communities. The book will be of great interest to researchers and students in Energy and Geography related fields, as well as to practitioners and policy makers.
The European Union's Emissions Trading System (EU ETS) is the world's largest carbon trading market. This book offers a new perspective on the EU ETS as a multi-level governance regime, in which the regulatory process is composed of three distinct 'competences' - norm setting, implementation, and enforcement. Are these competences best combined in a single regulator at one level of government or would they be better allocated among a variety of regulators at different levels of government? The combined legal, economic, and political analysis in this book reveals that the actual allocation of competences within the EU ETS diverges from a hypothetical ideal allocation in important ways, and provides a political economy explanation for the existing allocation of norm setting, implementation and enforcement competences among various levels of European government.
This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry's philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.
This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.
This book provides the reader with essential tools needed to analyze complex societal issues and demonstrates the transition from physics to modern-day laws and treaties. This second edition features new equation-oriented material and extensive data sets drawing upon current information from experts in their fields. Problems to challenge the reader and extend discussion are presented on three timely issues: * National Security: Weapons, Offense, Defense, Verification, Nuclear Proliferation, Terrorism * Environment: Air/Water, Nuclear, Climate Change, EM Fields/Epidemiology * Energy: Current Energy Situation, Buildings, Solar Buildings, Renewable Energy, Enhanced End-Use Efficiency, Transportation, Economics Praise for the first edition: "This insight is needed in Congress and the Executive Branch. Hafemeister, a former Congressional fellow with wide Washington experience, has written a book for physicists, chemists and engineers who want to learn science and policy on weapons, energy, and the environment. Scientists who want to make a difference will want this book." Richard Scribner, first Director, Congressional Science and Engineering Fellow Program, AAAS "Hafemeister shows how much one can understand about nuclear weapons and missile issues through simple back-of-the-envelope calculations. He also provides compact explanations of the partially successful attempts that have been made over the past 60 years to control these weapons of mass destruction. Hopefully, Physics of Societal Issues will help interest a new generation of physicists in continuing this work." Frank von Hippel, Professor, Princeton, former Assistant Director, National Security, White House, OSTP "Energy policy must be quantitative. People who don't calculate economic tradeoffs often champion simplistic hardware. 'The solution is more... nuclear power, or electric cars, or photovoltaics, etc.' Some simple physics will show that the true solution matches supply and demand as an 'integrated resource plan.' Physics of Societal Issues is a good place to begin this journey." Arthur Rosenfeld, former California Energy Commissioner, Professor-emeritus, U. of California-Berkeley
The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat 'the environment' as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.
The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the '3-11' events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to 'man-made' disasters. Another is how 'disaster law' interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces. Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011. (Annelise Riles)
This Brief identifies various aspects of energy challenges faced by the Chinese central/local governments, and also provides an opportunity to study how best to achieve green growth and a low-carbon transition in a developing country like China. The progress of China's carbon mitigation policies also has significant impacts on the on-going international climate change negotiations. Therefore, both policymakers and decision makers in China and other countries can benefit from studying the challenges and opportunities in China's energy development.
This book is about conflicts between different stakeholder groups triggered by protected species that compete with humans for natural resources. It presents key ecological features of typical conflict species and mitigation strategies including technical mitigation and the design of participatory decision strategies involving relevant stakeholders. The book provides a European perspective, but also develops a global framework for the development of action plans.
This book originates from the work of contributors to initiatives and global networks promoting and pursuing lines of enquiry that recognise and probe relationships between sustainable consumption, design and production, and the implications of those relationships for new economic activity and the way we live and govern ourselves. It features contributions from social scientists (e.g. from the fields of innovation studies, geography, environmental policy and sociology) and practitioners, serving to generate a short-list of research perspectives and topics around which future research and actions in practice will be orientated. The book consists of ten chapters divided into three parts, focusing on: perspectives/methodological insights; empirical work integrating consumption and production; and site-specific practitioner-oriented case studies. The conclusion examines the key aspects of policy, research and practical implications.
This short book sets out to explore the concept of nature in the context of a changing reality, in which the extent of our transformation of the environment has become evident: What is nature and to what extent has humanity transformed it? How do nature and society relate to one another? What does the idea of a sustainable society entail and how can nature be understood as a political subject? What is the Anthropocene and how does it affect nature as both an idea and a material entity? Has nature perhaps "ended?" In addressing these questions, the author delivers a concise but meaningful study of contemporary understandings of nature, one that goes beyond the limits posed by a single discipline. Adopting a truly comprehensive perspective, the work incorporates classical disciplines such as philosophy, evolutionary theory and the history of ideas; new and mixed approaches ranging from environmental sociology to neurobiology and ecological economics and the emerging area of the environmental humanities and represents a growing branch of political thought that views nature as a new political subject.
Enabling Environment is as real as it gets. The global commons are jointly owned and their inhabitants are jointly obligated to ensure their preservation. In the face of protracted negotiations, convoluted documentation, discord, and incessant bickering among scientists, activists, pressure groups of various hues, politicians and negotiators, very often the people on the ground are ignored or taken for granted. In the meantime, life meanders along. It is these 'everyday individuals' who make consumption-related choices on their lifestyles, travel or on preferring certain products or services over others. Enabling Environment puts the individual front and center. Ecosystem services need to be recognized, appropriately priced and the costs allocated to the agents concerned. Enabling Environment is about defining economic and non-economic incentive structures and utilizing them to arrive at pro-environmental outcomes. This collection of articles illustrates the use of existing social, economic and regulatory structures, and the financial architecture and instruments, suitably modified or extended, to help internalize the environmental externality.
The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are not legally binding can change the behaviour of states as well as or better than legal norms do.
The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.
With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.
Developing CDM Projects in the Western Balkans: Legal and Technical Issues Compared, arises from the professional practical experience gained by an interdisciplinary team of legal and technical experts acting in the framework of the environmental bilateral cooperation performed by the Italian Ministry for the Environment, Land and Sea in the Western Balkan countries, through the "Task Force for Central and Eastern Europe". The added value of the book consists in the fact that it jointly presents the real professional experience gained by a multi sectoral team of lawyers, economists, engineers and other technical experts, working in synergy with a shared vision. This volume will be useful not only to those specifically interested in the Western Balkan area, but represents a broader example of lessons learned in the development of CDM projects. Therefore, it may have a broad market among Government officials and legal-economic-technical professionals dealing with climate change issues as well as academics developing scientific research in this field.
This volume presents research on current trends in chemical regulations - a fa- growing, complex, and increasingly internationalized field. The book grew out from a multidisciplinary research project entitled 'Regulating Chemical Risks in the Baltic Sea Area: Science, Politics, and the Media', led by Michael Gilek at Soedertoern University, Sweden. This research project involved scholars and experts from natural as well as social sciences, based at Soedertoern University, Swedish Royal Institute of Technology (KTH), Karolinska Institutet, and Umea University. The project group organized a multidisciplinary research conference on chemical risk regulations, held in Stockholm, August 15-17, 2007. Most of the contributions published in this book were, in draft form, first presented at this conference. The conference, like the ensuing edited volume, expanded the geographical focus beyond the Baltic Sea area to include wider European, and to some extent also global trends. Many thanks to all project colleagues and conference participants! We are very grateful for the generous financial support received from The Foundation for Baltic and East European Studies (OEstersjoestiftelsen), The Swedish Research Council Formas, and from Soedertoern University. Without this support the present book would not have been possible. Special thanks to all of our fellow contributors, all of whom have submitted to- cal papers based on high-quality research. Many thanks also to Tobias Evers, who assisted us with technical editing. Finally, we are grateful for the professionalism shown by our editors at Springer.
Environmental Change in Lesotho identifies and analyzes the drivers of land-use change and the consequences of these changes on the livelihoods of rural land-users/managers. To accomplish this, a combination of tools from the social sciences and environmental fields were developed to identify causes and consequences of land-use change at selected levels, using a 'nested' approach. These methods were then applied to a case study of two villages in the Lowland region of Lesotho. This book is directed at environmental and social science experts, researchers, decision-makers, and development/aid workers interested in understanding the intricate human-environment relationship as it relates to land-use change in a changing biophysical, socio-economic, political and institutional context, coupled by HIV/AIDS, changing demographics, local perceptions and what is termed here 'dependency syndrome'.
This book represents the collected works of Environmental and Resource Management (ERM) Alumni as well as young professionals and researches who are involved in the field of ERM. The connecting theme of these works is the successful implementation of ERM in a wide range of issues including: energy innovation and management, climate change response and sustainable development aspects of resource management in developing countries. This book aims to expose some of the research outputs of ERM Alumni and present perspectives and critical questions of ERM application. The research results can provide empirical bases on which ERM study programmes and/or working environments can be problematised in order to more effectively meet the objectives of ERM. The intended audience of this volume is wide including potential and current ERM students who want to understand how ERM is being applied; and teachers and researchers who want to understand the roles and interactions of ERM Alumni and their workplace.
This volume offers insight in the identification and selection procedure of marine protected areas in the German exclusive economic zones (EEZs) of the North - and Baltic Seas. EU Member States are obliged to establish a coherent network of protected areas, consisting of sites identified under the EC Habitats and Birds Directives. The goal of this Natura 2000 network is the conservation of biodiversity on land and in the sea. To fill important gaps in knowledge regarding the presence, abundance, and distribution of certain species and habitats in the German North- and Baltic Seas, the German Federal Agency for Nature Conservation (BfN) initiated a detailed research programme, involving researchers from many renowned German marine research institutes. This book contains the main results of the different projects under this research programme, which formed the basis for the identification and selection of the Natura 2000 sites. Information is given on two NATURA 2000 habitats (sandbanks and reefs), and benthic species, fish, birds and marine mammals, as well as on legal aspects and implementation procedures. Last but not least the book introduces the current status of NATURA 2000 in the German EEZ. Target audience are not only scientists, but also policymakers, environmental organisations and other stakeholders, and the book includes many illustrations. |
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