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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
Climate change is arguably the most important environmental issue that the world currently faces. Carbon Capture and Storage (CCS) offers the possibility of significant reductions in the volume of CO2 released into the atmosphere in the near to medium term. As a fairly new technology that has not been widely adopted, there remain some uncertainties related to both viability and desirability. This book discusses the key issues with regard to technical and legal feasibility, economic viability and public and stakeholder perceptions. It also provides recommendations for policy and future research.
Archaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. However other problems may be less obvious and harder to address, and require solutions which go much further than the simple application of the law. The aim of this volume is to address several issues surrounding the management of archaeological heritage comparing and contrasting which laws 'work' and which ones do not, and ignoring other issues which might effectively present the transplantation of an 'ideal system' to another country or political climate. Or the cultural attitudes which might prevent a law working in the legal system for which it was designed. The contributions are from various international jurisdictions and address a variety of subjects - from the protection of archaeological monuments to dealing with and controlling chance finds made by members of the public.
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
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.
Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
This edited volume presents a comprehensive and comparative view of the law of international watercourses with special reference to the issues facing the Ganges River basin. It provides an analysis of the development of international waterways law and outlines the essentials of the UN Convention on non-navigational uses of international watercourses. Focusing on relations between the three riparian states of the River Ganges and the potential for cooperation, the volume also examines the domestic legal regimes of the area and the political dimension to the issues of sharing the waters of the river. The work presents a comparative picture with an analysis of developments in the Rhine and Mekong basins, comparing developments in the legal regimes of these areas with the experience of South Asia. Presenting an up-to-date analysis of the current law and pointing the direction for future developments, this collection will be a valuable resource for academics, researchers and policy makers working in this area.
The Intergovernmental Panel on Climate Change (IPCC) has become a hugely influential institution. It is the authoritative voice on the science on climate change, and an exemplar of an intergovernmental science-policy interface. This book introduces the IPCC as an institution, covering its origins, history, processes, participants, products, and influence. Discussing its internal workings and operating principles, it shows how IPCC assessments are produced and how consensus is reached between scientific and policy experts from different institutions, countries, and social groups. A variety of practices and discourses - epistemic, diplomatic, procedural, communicative - that make the institution function are critically assessed, allowing the reader to learn from its successes and failures. This volume is the go-to reference for researchers studying or active within the IPCC, as well as invaluable for students concerned with global environmental problems and climate governance. This title is also available as Open Access via Cambridge Core.
This comprehensive book provides analysis and discussion on key selected issues in EU environmental law. It attempts to provide the reader with a clear picture of some of the most important developments in this increasingly significant sphere of European business law. The issues covered include the community and environmental competence; the importance of coordination through the 'Regulatory Chain' for implementation and enforcement of environmental objectives and principles; and the protection of European habitats and species. Environmental impact assessment is also examined, as well as environmental protection and the free movement of goods. Lastly, the issues of waste management in the community and the legal response to global warming are considered. This is an accessible work for all students of the subject, both academic and professional.
Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. This comprehensive resource will strongly appeal to environmental enforcement professionals working for governments or international organizations, who are seeking new ideas for compliance and enforcement programs. Academics researching environmental law and international affairs will also find this book valuable.
Many highly industrialized countries are rapidly adopting new environmental policy instruments (NEPIs) such as eco-taxes, tradable permits, voluntary agreements and eco-labels. This apparently profound shift has prompted widespread claims that NEPIs have eclipsed regulation as the preferred tool of environmental policy. This volume offers a fresh perspective on the evolving tool-box of environmental policy by providing a systematic analysis of the policy and politics surrounding the adoption and use of the main NEPIs in a variety of countries. By blending political theories with fresh empirical material, the contributors to this interdisciplinary volume assess the claim that NEPIs have supplanted regulation, heralding a new era of environmental governance in which the state plays a secondary role in sustainability policy-making.
European Environmental Law pulls together the most significant material on the subject from legal and other periodicals to form an essential compendium for those wishing to study the role of law in protecting and conserving the environment. The studies are arranged in three sections which examine the Europeanisation of law and policy, analyse the application and enforcement of law and discuss the improvement of standards in Europe.
A distinctive argument of the relevance of Australia to the rest of the world - one which places it more centrally than existing contributions Offers one of the first major contributions on reconstructing what urban planning might draw from indigenous perspectives and relationships to place Unique contributions on the topics of connected cities and zombie suburbs
Designed for both beginning and seasoned NEPA practitioners, this book guides professionals through the systematic mastery of the National Environmental Policy Act and its regulations. The book, written by NEPA expert Frederic March, is organized around ten themes of actual practice: purposes, documents, analysis, coverage, effectiveness, involvement, application, decisions, agencies, and procedures.
In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.
Sustainable development is the most important challenge facing humanity in the 21st century. The global economic growth in the recent past has indeed exhibited marked progress in many countries. Nevertheless, the issues of income disparity, poverty, gender gaps, and malnutrition are not uncommon in the global landscape, in spite of the upward growth of the economy and technological advances. This grim picture is further exacerbated by our growing human population, unmindful resource use, ever-increasing consumption trends, and changing climate. In order to protect humanity and preserve the planet, the United Nations issued the "2030 agenda for sustainable development," which includes but is not limited to sustainable production and consumption practices, e.g. in a sustainable bioeconomy. The hallmark of the sustainable bioeconomy is a paradigm shift from a fossil-fuel-based economy to a biological-based one, which is driven by the virtues of sustainability, efficient utilization of resources, and "circular economy." As the sustainable bioeconomy is based on the efficient utilization of biological resources and societal transformations, it holds the immense potential to achieve the UN's Sustainable Development Goals. This book shares valuable insights into the linkages between the sustainable bioeconomy and Sustainable Development Goals, making it an essential read for policymakers, researchers and students of environmental studies.
Today's engineering and geoscience student needs to know more than how to design a new or remedial project or facility. Questions of law and ambiguities of terms often occur in contracts for mining, landfills, site reclamation, waste depositories, clean up sites, land leases, operating agreements, joint ventures, and other projects. Work place situations arise where environmental compliance methods are challenged by enforcement agencies. Although the statutes, rules, and regulations may seem to be worded clearly and specifically, there are often questions in application and sometimes varied interpretations.
The second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.
El Manual de Pruebas y Criterios contiene criterios y descripciones de metodos y procedimientos de prueba para la clasificacion de mercancias peligrosas de acuerdo con las disposiciones de las partes 2 y 3 de las "Recomendaciones relativas al Transporte de Mercancias Peligrosas: Reglamentacion Modelo", y para la clasificacion de los productos quimicos que presentan peligros fisicos de acuerdo con el "Sistema Globalmente Armonizado de clasificacion y etiquetado de productos quimicos (SGA)". Como consecuencia, complementa tambien los reglamentos nacionales o internacionales que se derivan de las recomendaciones de las Naciones Unidas relativas al transporte de mercancias peligrosas o el SGA .
This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.
This book explores policy, legal, and practice implications regarding the emerging field of disaster justice, using case studies of floods, bushfires, heatwaves, and earthquakes in Australia and Southern and South-east Asia. It reveals geographic locational and social disadvantage and structural inequities that lead to increased risk and vulnerability to disaster, and which impact ability to recover post-disaster. Written by multidisciplinary disaster researchers, the book addresses all stages of the disaster management cycle, demonstrating or recommending just approaches to preparation, response and recovery. It notably reveals how procedural, distributional and interactional aspects of justice enhance resilience, and offers a cutting edge analysis of disaster justice for managers, policy makers, researchers in justice, climate change or emergency management.
This insightful book deals with the complexity of linking biodiversity with climate change. It combines perspectives from international, national and local case studies, and also addresses this question using a thematic approach. The book focuses on a number of key topics and examples, including: ecosystem services, human rights, MEA clustering, equity in ABS and REDD, forestation and deforestation, biosecurity, protected areas, mountain biodiversity, the Amazon rainforest, agricultural policy in the EU and patent licensing. Clearly demonstrating linkages between biodiversity law and climate change law and stimulating new ideas for future research, this book will be a valuable reference tool for academics, researchers, students and policy-makers. |
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