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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
The Handbook of Regulations on Environmental Protection in China details the environmental laws, regulations and standards in China for those enforcing and creating environmental policy as it stood in the early 1990's. Originally published in English in 1994, this translation aims to illuminate an English-speaking audience on Chinese environmental policy on areas such as pollution, food standards and waste management. This title will be of interest to students of Environmental Studies.
Environmental Management Systems (EMSs) are a way in which business and industry can implement a system of self--regulation on their processes, in order to aid the promotion of clean technology. This book brings together wide ranging analysis and practical experience on Environmental Management Systems and Cleaner Production. This highlights the importance of a clear understanding of complex environmental issues and the relative impact of business and industry, linked to national and international standards and regulations, in developing an efficient Environmental Management System. The book begins by addressing the global dimension of EMSs and Cleaner Production by identifying the strategies and policies used to promote cleaner production in industry and the drivers for voluntary EMSs like the international standard ISO 14001; and their implications for business and trade. This is followed by focusing on selected national perspectives, examining the policies, strategies and initiatives in the USA, Sweden, China, Hong Kong, New Zealand and Australia. The relative merits of regulation or self--regulation are also explored, including the UK situation and the EU s Eco--management and audit schemes (EMAS), and associated certification and accreditation schemes. The second half of the book covers industrial experience of EMSs, such as the British standard BS 7750, and case studies of cleaner production; drawing on practical sector experience and company case studies from Europe, the economies of South America and South Africa, Central and Eastern Europe, and small and medium--sized enterprises (SMEs). This book will prove to be an invaluable guide for business managers tackling EMSs and practitioners involved in cleaner production. It will also be a useful reference for local and regional government officials, policymakers and Environmental Management post--graduates.
This book examines the role of The International Maritime Organization (IMO) in the prevention and control of pollution of the marine environment from vessels with a particular reference to the current north-south tensions regarding the strategy for combating climate change in the maritime sector as well as the prevention of marine pollution from the ship-breaking industry. The IMO, a United Nations specialized agency, has been entrusted with the duty to provide machinery for cooperation among governments for the prevention and control of pollution of the marine environment from vessels. The organization is responsible for drafting legal instruments as well as for facilitating technical cooperation for the protection of the marine environment. Although IMO legal instruments are mainly targeted at the prevention of pollution of the marine environment from vessels, there is a trend towards a liberal interpretation of this, and the organization has expanded its work to areas like shipbreaking, which is essentially a land-based industry.
This book shows that escalating climate destruction today is not the product of public indifference, but of the blocked democratic freedoms of peoples across the world to resist unwanted degrees of capitalist interference with their ecological fate or capacity to change the course of ecological disaster. The author assesses how this state of affairs might be reversed and the societal relevance of universal human rights rejuvenated. It explores how freedom from want, war, persecution and fear of ecological catastrophe might be better secured in the future through a democratic reorganization of procedures of natural resource management and problem resolution amongst self-determining communities. It looks at how increasing human vulnerability to climate destruction forms the basis of a new peoples-powered demand for greater climate justice, as well as a global movement for preventative action and reflexive societal learning.
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world's largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
Law for the Construction Industry provides a comprehensive introduction to the English legal system and basic contract law for those involved in the construction industry. It covers the level 2 module on legal studies of The CIOB's Education Framework and is officially sanctioned by The CIOB as the recognised book for that module. The book assumes no previous knowledge of English law. The second edition has been brought fully up-to-date with the latest legal changes. It explains basic contract law and gives the reader an understanding of employment and consumer law whilst placing law in the context of the construction industry throughout. Law for the Construction Industry is a core textbook for the CIOB level 2 module on legal studies, as well as BTEC HNC/D and degree courses in building and construction management.
This book asks and answers the question of what communication research and other social sciences can offer that will help the global community to address climate change by identifying the conditions that can persuade audiences and encourage collective action on climate. While scientists often expect that teaching people the scientific facts will change their minds about climate change, closer analysis suggests this is not always the case. Communication scholars are pursuing other ideas based on what we know about influence and persuasion, but this approach does not provide complete answers either. Some misconceptions can be corrected by education, and some messages will be more powerful than others. The advent of the Internet also makes vast stores of information readily available. But audiences still process this information through different filters, based on their own values and beliefs - including their understanding of how science works. In between momentous events, media coverage of climate tends to recede and individuals turn their attention back to their daily lives. Yet there is a path forward: Climate change is a social justice issue that no individual - and no nation - can solve on their own. A different sort of communication effort can help.
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 book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually just rehearses the familiar perspectives of legal, moral and humanist philosophy. 'Animal law' is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, or the philosophical issue of the 'human' and the 'animal' at law's foundation. Responding to this interest, this book brings together leading and emerging critical legal theorists to address the question of animality in relation to law's foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does 'animal law' alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?
Few nations rely upon the ocean as much as Japan for livelihood, culture and transport. The seas have long played a vital role for the Japanese, helping to support the economic and social life of a nation that possesses few resources and little arable land, and sustain a population that has nearly tripled in the last century. Fish are a distinctive feature of the Japanese diet, constituting nearly half of all animal protein consumed - the highest rate in the world. The industry itself has provided an impetus for coastal community growth and national economic development over the past century, while fisheries have worked their way into Japanese culture and customs, serving as a dominant symbol in traditional arts and folklore. This book explores the overarching rationale that motivated Japanese international fisheries policy throughout the post-war period until today, highlighting the importance of international fisheries to Japan and the stature this resource has occupied as a national interest. It provides a comparative view of Japanese foreign policy at various ocean conferences, treaty negotiations, bilateral diplomatic initiatives and other maritime relations that constitute ocean policy over half a century, and investigates the domestic constituents of national policy. Roger Smith argues that the rationale for international fisheries policy may be best viewed as deriving from Japan's unique defence strategy for its national interests: comprehensive security. Encompassing non-military elements and most importantly defence of economic interests, Japan's international fisheries policy provides an interesting case study of how comprehensive security is conceptualised and carried out. Taking a broad view of Japan's international fisheries policies from 1945 to the present, this book highlights the key trends in policy motives and means throughout the post-war period. As such, it will be of great interest to students and scholars of Japanese studies, international and environmental law, resource management and international relations, as well as to policy makers working in the field.
The relationship between intellectual property and food affects the production and availability of food by regulating dealings in products, processes, innovations, information and data. With increasingly intricate relations between international and domestic law, as well as practices and conventions, intellectual property and food interact in many different ways. This volume is a timely consideration and assessment of some of the more contentious and complex issues found in this relationship, such as genetic technology, public research and food security, socio-economic factors and the root cause of poverty and patent-busting. The contributions are from leading scholars in this emerging field and each chapter foregrounds some of the key developments in the area, exploring historical, doctrinal and theoretical issues in the field while at the same time developing new ideas and perspectives around intellectual property and food. The collection will be a useful resource in leading further discussion and debate about intellectual property law and food.
In-depth examination of the inherent tensions and dynamics of transport corridors in Africa: between short-term optics and long-term durability; between regional integration and national interest; between the facilitation of trade and the generation of corridor revenue. The image of the corridor, a central pathway of road and rail carving its way through Africa's interior, has guided the coordination of transport and trade developments on the continent in recent decades. Existing analysis of the "Corridor" - a label with a great capacity to change shape, guiding funding and infrastructural priorities at different times and in different settings - tends to be presentist, technical, and conveyed in the language of transport economics. The chapters collected here showcase a more varied approach, offering perspectives from academics and policy-makers coming from a range of disciplinary backgrounds. They capture the varied forms of the corridor concept (developmental, transport, and trade corridors), the multiplicity of actors (including China and the European Union), as well as the different permutations of the infrastructure itself, in corridors linking coastal states and in others that link coastal states with the hinterland. The breadth of cases allows for a comparative perspective of East, West, and Southern Africa, as well as the basis of comparisons outside of the continent in Europe, South Asia, and elsewhere. The motivations behind corridor initiatives in Africa range enormously, from resource extraction to urban development and poverty reduction. A lot depends on scale, and this collection places the grand designs thrashed out at continental and regional economic forums alongside the individual concerns of drivers and cross-border traders hauling goods across the continent's checkpoints. What emerges are a number of central tensions in the study of transport corridors: between short-term optics and long-term durability; between road and rail as modes of transportation; between regional integration and national interest; between the facilitation of trade and the generation of corridor revenue; between different port configurations; and between local dynamics and the dynamics of long-distance transportation. This book is available as Open Access under the Creative Commons license CC-BY-NC.
A search for new methods for dealing with climate change led to the identification of forest maintenance as a potential policy option that could cost-effectively reduce greenhouse gas emissions, with the development of measures for Reducing Emissions from Deforestation and Forest Degradation (REDD). This book explores how an analysis of past forest governance patterns from the global through to the local level, can help us to build institutions which more effectively deal with forests within the climate change regime. The book assesses the options for reducing emissions from deforestation in developing countries under the international climate regime, as well as the incentives flowing from them at the national and sub national level and examines how these policy levers change human behaviour and interface with the drivers and pressures of land use change in tropical forests. The book considers the trade-offs between certain forestry related policies within the current climate regime and the larger goal of sustainable forestry. Based on an assessment of existing multi-level institutional forestry arrangements, the book questions how policy frameworks can be better designed in order to effectively and equitably govern the challenges of deforestation and land degradation under the global climate change regime. This book will be of particular interest to students and scholars of Law and Environmental Studies.
Huge quantities of natural resources are illegally harvested and their proceeds laundered in the Asia-Pacific region, fostering corruption and undermining environmental governance. Most illegal exploitation and pollution occurs in countries with poor governance capacities, but much of the sale for profit and money laundering occurs in mature markets with well-developed governance capacities. Their asymmetrical enforcement capacities can complement each other. This book explores ways to combat illegal fishing and logging in Asia-Pacific region by the use of cooperative legal measures, particularly anti-money laundering and confiscation of proceeds techniques. Contributors to this volume cover themes including: the nature of transnational environmental crime; patterns in laundering of illicit fish and forest products; networks for distribution of illicit products; weaknesses in current systems for assurance of the legality of products; and international legal cooperation to enforce anti-money laundering laws in relation to illicit products. In considering these topics the book explores how the innovative use of anti-money laundering measures and the seizure of criminal proceeds can as policy options to combat transnational fishery and forestry crimes. The book will be of keen interest to scholars and students of environmental law and criminal law, and excellent use for practitioners in natural resources conservation law.
From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS
A search for new methods for dealing with climate change led to the identification of forest maintenance as a potential policy option that could cost-effectively reduce greenhouse gas emissions, with the development of measures for Reducing Emissions from Deforestation and Forest Degradation (REDD). This book explores how an analysis of past forest governance patterns from the global through to the local level, can help us to build institutions which more effectively deal with forests within the climate change regime. The book assesses the options for reducing emissions from deforestation in developing countries under the international climate regime, as well as the incentives flowing from them at the national and sub national level and examines how these policy levers change human behaviour and interface with the drivers and pressures of land use change in tropical forests. The book considers the trade-offs between certain forestry related policies within the current climate regime and the larger goal of sustainable forestry. Based on an assessment of existing multi-level institutional forestry arrangements, the book questions how policy frameworks can be better designed in order to effectively and equitably govern the challenges of deforestation and land degradation under the global climate change regime. This book will be of particular interest to students and scholars of Law and Environmental Studies.
Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and controversial subject for the first time. Topics covered include administration and enforcement, waste management, EU environmental law, pollution control, environmental permitting, contaminated land, environmental torts and private regulation. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; and updates relating to the defence of statutory authority in the tort of private nuisance. Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject. Susan Wolf is Principal Lecturer in Law at the University of Northumbria. Neil Stanley is Lecturer in Law at the University of Leeds.
More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
The development control and planning law system of the United Kingdom is one of the most comprehensive and detailed in the world. Development control is one of the most significant matters concerning anyone involved in the development of land, and an understanding of the legislation and enforcement of these powers is essential to the success of any development project. This book is the fourth edition of a highly regarded work widely used by students and practitioners of real estate management, development, surveying, valuation, planning and law. Written by two experienced experts on law and the UK planning system, Development and Planning Law is essential reading for anyone involved in building and construction, surveying, planning and development, and who needs to know the law as it relates to their everyday professional practice. It has been extensively updated to reflect the most recent legal developments, including the 2011 Localism Act.
This study explores the politics of American Indian and Hispanic women leaders in New Mexico's environmental policymaking arena. Using non-random purposive sampling, 50 women were selected for participation who were political activists in grassroots organization or public officials, elected or appointed to local, state or tribal government. Personal interviews were employed to gather data on their political socialization, their leadership trajectories, their motives for engagement in public life, their political ideology, their racial-ethnic- and gender identity and their policy agendas and strategies for influencing public policymaking.
How extreme-right antidemocratic governments around the world are prioritizing profits over citizens, stoking catastrophic wildfires, and accelerating global climate change. Recent years have seen out-of-control wildfires rage across remote Brazilian rainforests, densely populated California coastlines, and major cities in Australia. What connects these separate events is more than immediate devastation and human loss of life. In Global Burning, Eve Darian-Smith contends that using fire as a symbolic and literal thread connecting different places around the world allows us to better understand the parallel, and related, trends of the growth of authoritarian politics and climate crises and their interconnected global consequences. Darian-Smith looks deeply into each of these three cases of catastrophic wildfires and finds key similarities in all of them. As political leaders and big business work together in the pursuit of profits and power, anti-environmentalism has become an essential political tool enabling the rise of extreme right governments and energizing their populist supporters. These are the governments that deny climate science, reject environmental protection laws, and foster exclusionary worldviews that exacerbate climate injustice. The fires in Australia, Brazil and the United States demand acknowledgment of the global systems of inequality that undergird them, connecting the political erosion of liberal democracy with the corrosion of the environment. Darian-Smith argues that these wildfires are closely linked through capitalism, colonialism, industrialization, and resource extraction. In thinking through wildfires as environmental and political phenomenon, Global Burning challenges readers to confront the interlocking powers that are ensuring our future ecological collapse.
This collection of essays on green fiscal reform offers very rewarding readings for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country's rare earth dispute in WTO.' - Mikael Skou Andersen, Aarhus University, Denmark'This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.' - Stefan Ulrich Speck, European Environment Agency 'Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.' - Nils Axel Braathen, OECD s Environment Directorate Against a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skillfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future. The book combines perspectives from leading environmental taxation scholars on both the theory and impact of different policies. It covers topics such as theoretical assumptions of environmental taxes; the relationship between environmental taxes and trade; permit trading and price stability, as well as waste management and the political economy. With its global coverage, this topical book will appeal to policy makers in government as well as academics in environmental law programs, environmental economics programs and environmental sustainability programs. Contributors: A.A. Alvaro, C. Brandimarte, B. Butcher, J. Cottrell, Y. He, S.-A. Joseph, T. Kawakatsu, C. Kettner, S. Kitagawa, D. Kletzan-Slamanig, A. Koeppl, A. Lerch, X. Liu, J.E. Milne, M. Moinuddin, P. Pearce, A. Pirlot, S. Rudolph, T. Sasao, R.V. Shah, S. Suk, S.L. Tan, D.J. Thampapillai, M. Villar Ezcurra, S.E. Weishaar, T. Yano, Y. Zhao, X. Zhou,
Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia. The increasing 'Europeanisation' of criminal law and policy makes such a comparative approach even more necessary.This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control.This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.
The participation of the European Union and the Member States in international climate change policy is a complex issue. This book provides a clear guide to the subject which will help students and professionals alike to interpret and easily navigate to the information they require. It does so by explaining the foundations of European climate and clean energy law and policy, and the position of the European Union in the international climate dialogue. It then goes on to provide a unique commented overview of legislation and policy adopted in Europe since the early 1990s. Key topics covered include:
It concludes with a full review of relevant literature.
States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nation 's imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis.This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation. |
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