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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Since the 1960s the environment has become an issue of increasing public concern in North America and elsewhere. Triggered by the Second Indochina War (Vietnam Conflict) of 1961-1975, and further encouraged by the International Conference on the Human Environment, held in Stockholm in 1972, the environmental impact of war emerged and grew as a topic of research in the natural and the social sciences. And in the late 1980s this led additionally to a focus and debate on environmental security. Arthur Westing, a forest ecologist, was a major pioneer contributing and framing both of those debates conceptually, theoretically, and empirically, starting with "Harvest of Death: Chemical Warfare in Vietnam and Cambodia" (1972) (co-authored with wildlife biologist E.W. Pfeiffer and others). As a Senior Researcher at the Stockholm and Oslo International Peace Research Institutes (SIPRI and PRIO), and as a Professor of Ecology at Windham and Hampshire Colleges, Westing authored and edited books on "Ecological Consequences of the Second Indochina War" (1976), "Weapons of Mass Destruction and the Environment" (1977), "Warfare in a Fragile World: Military Impact on the Human Environment" (1980), "Herbicides in War: the Long-term Ecological and Human Consequences" (1984), "Environmental Warfare: a Technical, Legal and Policy Appraisal" (1984), "Explosive Remnants of War: Mitigating the Environmental Effects" (1985), "Global Resources and International Conflict: Environmental Factors in Strategic Policy and Action" (1986), "Cultural Norms, War and the Environment" (1988), "Comprehensive Security for the Baltic: an Environmental Approach" (1989), and "Environmental Hazards of War: Releasing Dangerous Forces in an Industrialized World" (1990) --- as well as authoring numerous UN reports, book chapters, and journal articles. This volume combines six of his pioneering contributions on the environmental consequences of warfare in Viet Nam and in Kuwait, on the environmental impact of nuclear war, and on legal constraints and military guidelines for protecting the environment in wartime"
This treatise is an outgrowth of a series of seminars and tutorials on selected legal aspects of geology that were offered to several generations of undergraduate students at Lawrence University. The offerings were in response to a keen interest in how the law and legal institutions relate to the professional geologist. Much of the student interest was undoubtedly sparked by the legal controversies as sociated with the "environmental movement" that became so active during the 1970s and continues today to look to the law for the resolution of conflicting goals. Other students were interested in the role allocated to law by society in general, or were simply curious about law as a profession. Existing published material did not meet my needs, and I had to rely on "handouts" summarizing legal principles, reported appellate cases, and guest lectures from the county bar association. The more formally prepared course materials were edited by practicing attorneys and scholars in academia who encouraged me to seek a publisher who might make the materials available to a broader audience-an audience that might include not only students of the law but also the professional geologist, geological engineers, planners, policy makers, and attorneys, whether in industry, government, education, or private practice, who want to know more about the relationship between law and geology."
This book tracks the growth of environmental awareness and conservation in the United States through the major trends of the 20th century, and establishes a philosophical ground for protection of the environment. It records a major cultural shift in the thinking of this nation, and provides guidelines for its continuation.
Agricultural, natural resource, and environmental problems are becom ing increasingly interdependent. For example, soil erosion is largely determined by agricultural land use. Both water use and water con tamination depend on land use and technology choice in agriculture. In many areas, the fertilizers and pesticides used in agriculture are ma jor pollutants of ground and surface water, having adverse effects on drinking water and fisheries. Agricultural pollutants such as pesticides also produce adverse health effects for agricultural workers and the consuming public. On the other hand, the availability of water resources and the value of competing land uses influence agricultural production. Additionally, regional air quality problems may affect crops and global environmental trends may have long-term implica tions for farming. Agriculture, natural resources and environmental quality are all heavily regulated in the U. S., but they are done so by a vast array of competing or unrelated agencies within the U. S. Departments of Agriculture, Interior, and Commerce, the Environmental Protection Agency; and numerous state agencies. Considering the large number of bureaucratically remote public agencies involved and the pervasive in terdependencies between agriculture, natural resources and the environ ment, policies develop which are at best uncoordinated and at worst conflicting and counterproductive. These policies have become sources of controversy as different interest groups struggle to affect their im plementation, as different agencies have fought for administrative con trol and as legislative bodies have attempted to enact piecemeal changes."
The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
Growing numbers of residents are getting involved with professionals in shaping their local environment, and there is now a powerful menu of tools available, from design workshops to electronic maps. "The Community Planning Handbook" is the essential starting point for all those involved: planners and local authorities, architects and other practitioners, community workers, students and local residents. It features an accessible how-to-do-it style, best practice information on effective methods, and international scope and relevance. Tips, checklists and sample documents help readers to get started quickly, learn from others' experience and to select the approach best suited to their situation. The glossary, bibliography and contact details provide quick access to further information and support. This fully updated new edition contains extra material on following up after community engagement activities.
Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons - with all the attendant tragedies - in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
The fonner Egyptian Minister of State for Foreign Affairs and fonner UN Secre tary General, Butros Butros Ghali stated after the second Gulf War "The next war in the Middle East will not be fought for oil, but for water. " This famous statement has been echoed by many politicians: shortly before be coming president of Turkey, SOleyman Demirel declared that the waters of the Euphrates and Tigris belonged to Turkey, just as oil belongs to the Arabs. Rafael Eytan, at that time and now again Israeli Minister of Agriculture, declared in 1990 in full-page advertisements in the Jerusalem Post that Israel would never cede the West Bank to the Palestinians because Israel's water supply would otherwise be endangered. Finally, Ismail Serageldin, vice president of the World Bank, declared in 1995 that "the wars of the next century will be over water." These statements are typical of the atmosphere reigning in the Middle East and in several other places around the world concerning the issue of international fresh water resources. Whether these perceptions correspond to an actual threat to a nation's water supply or whether they correspond to the official position of states in negotiations often conducted secretly, is an entirely different matter. A closer analysis of the issue of international fresh water resources, as we attempt in this book, admittedly reveals a dangerous potential for conflict over water."
This book takes a long-term view of environmental policy in Poland, which thus serves as an example to increase our understanding of environmental policy making in general in the former Eastern bloc countries. The perspective adopted also includes the pre-transition period, since the transformation process cannot be understood without reference to the preceding period. The book investigates the driving forces underlying policy changes, both prior to and after the transition, and identifies elements both of change and continuity - topics that have hitherto been neglected in the literature. A change of political system in Poland did not lead to a major change in the thrust of environmental policy: the policy makers adopted a cautious approach to new instruments and institutions during the transition period. What did change with the transition was the implementation aspect: the effectiveness of environmental policy increased dramatically after the abolition of socialism. The rule of law meant that the state administration and the polluters were subordinated to the legal system, thus increasing the power to environmental policy. Readership: Researchers and students interested in the environment and the countries in transition.
ENVIRONMENTAL HYGIENE III deals with the detection and evaluation of environmental pollutants as well as with their relevance to human health. Environmental components are important determinants of the health status of groups at risk and of the general population. The main objective is the early detection and identification of hazardous substances by physical, chemical and biological methods, risk assessment andprotection of human health. Faced with these problems the volume gives an overview on the mulifaceted aspects of environmental hygiene and medicine. Contributions include basic and innovative approaches in the fields of - Experimental cell biology - Cytotoxicity testing - Mutagenicity and carcinogenicity studies - Inhalation toxicity - Human exposure monitoring - Epidemiology - Important harzardous agents - Environmental control, prevention and legislation.
Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.
Increasingly over the next few decades, the oil and gas industry faces the complex task of decommissioning its offshore platforms, pipelines and sub-sea equipment as they reach the end of their operational capabilities. Decommissioning involves and integrates many distinct aspects: engineering, environmental, economic, legal, political and safety considerations. A practical strategy for removing and disposing these structures needs to be developed which best meets the demands of all of these different aspects. Specialists in these various fields have been brought together for this volume to contribute their assessments of the situation. The result is an important step toward the development of a co-ordinated approach to the subject. It is essential reading for all those who are involved with major decommissioning projects, their possible environmental impact and their implications in politics and law.
In the last few years, the quantity of books and papers on the political, economic and legal problems of the exploration and use of the sea and marine resources has considerably increased. But the status and activities of intern a tional organizations related to maritime shipping, fisheries, scientific research in the World Ocean and the protection of the marine environment have not yet, as a whole, been represented in the scientific and reference literature. It would be fair, though, to mention that some general information on marine international organizations may be found in the Yearbook of International Organizations, Brussels, 1979; in Annotated Acronyms and Abbreviations of Marine Science Related International Organizations, U. S. Department of Commerce, 1976; and in the UN Annotated Directory ofIntergovernmental Organizations Concerned with Ocean Affairs, 1976. Voluminous informa tion on organizations engaged in problems of the exploration and use ofthe sea is given in International Marine Organizations by the well-known Polish scientists Lopuski and Symonides, 1978. Meanwhile the increasing volume of practical work related to the participa tion of governmental and scientific bodies as well as individual scientists and specialists in these organizations, the necessity of long-term planning in this field, and the perspectives of the development of these organizations, make necessary a special publication depicting the structure and many-sided activi ties of such international bodies. This book is the first one in which the most complete information on the main marine international organizations is presented."
On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Ursula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.
At the first Conference of the Parties of the Climate Convention in Berlin in Spring 1995 it became evident once again: To counteract anthropogenic climate changes, individuals as well as societies have to change their way of thinking and behavior. This accounts for other areas of global environmental change as well. Global trends like soil degradation, loss of biological diversity, water scarcity and population growth show little or no sign of improvement. In fact, in most areas a rapid deterioration has taken place. In its latest Report the German Advisory Council on Global Change describes "Ways Towards Global Environmental Solutions."
Policy issues relating to forestry have been the subject of much debate in recent years, and many countries and international agencies have recently, or are currently in the process, of revising their policies for forestry. Much of this debate has implied that previous policies have failed or been much less successful than had been hoped. There is a tendency to think of policy as a matter for governments, but it is now more widely appreciated that all shareholders in the forestry sector have a legitimate interest in both the policy objectives and the means that will be used to implement it. This book is mainly concerned with the process of developing policy and the subsequent implementation, than in specific content, though many of the important issues which policies must address are discussed. It is based on a review of many case studies with which the author has been personally involved over the past 40 years.
This last volume in a trilogy published on the occasion of the 80th birthday of Rodolfo Stavenhagen, professor emeritus of El Colegio de Mexico, includes eight essays on Peasants, Culture and Indigenous Peoples: Critical Issues; Basic Needs, Peasants and the Strategy for Rural Development (1976); Cultural Rights: a Social Science Perspective (1998); The Structure of Injustice: Poverty, Marginality, Exclusion and Human Rights (2000); What Kind of Yarn? From Color Line to Multicolored Hammock: Reflections on Racism and Public Policy (2001); The United Nations Special Rapporteur on the Rights of Indigenous Peoples (2012); A Report on the Human Rights Situation of Indigenous Peoples in Asia (2007); Report on the Impact of Megaprojects on the Rights of Indigenous Peoples (2003); and Study Regarding the Best Practices to Implement the Recommendations of the Special Rapporteur (2007). These texts address human rights issues, especially those that arose when Stavenhagen was servinged as United Nations special rapporteur on the rights of indigenous peoples.
This seminal book results from a NATO Advanced Research Workshop at the University of Cambridge with Russian co-directorship, enabling the first formal dialogue between NATO and Russia about security issues in the Arctic Ocean. Involving interdisciplinary participation with experts from 17 nations, including all of the Arctic states, this workshop itself reflects progress in Arctic cooperation and collaboration. Interests now are awakening globally to take advantage of extensive energy, shipping, fishing and tourism opportunities in the Arctic Ocean as it is being transformed from a permanent sea-ice cap to a seasonally ice-free sea. This environmental state-change is introducing inherent risks of political, economic and cultural instabilities that are centralized among the Arctic states and indigenous peoples with repercussions globally. Responding with urgency, environmental security is presented as an "integrated approach for assessing and responding to the risks as well as the opportunities generated by an environmental state-change." In this book - diverse perspectives on environmental security in the Arctic Ocean are shared in chapters from high-level diplomats, parliamentarians and government officials of Arctic and non-Arctic states; leaders of Arctic indigenous peoples organizations; international law advisors from Arctic states as well as the United Nations; directors of inter-governmental organizations and non-governmental organizations; managers of multi-national corporations; political scientists, historians and economists; along with Earth system scientists and oceanographers. Building on the "common arctic issues" of "sustainable development and environmental protection" established by the Arctic Council - environmental security offers an holistic approach to assess opportunities and risks as well as develop infrastructure responses with law of the sea as the key "international legal framework" to "promote the peaceful uses" of the Arctic Ocean. With vision for future generations, environmental security is a path to balance national interests and common interests in the Arctic Ocean for the lasting benefit of all.
Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.
This collection of original essays by economists, biologists and political scientists has a common theme: that protecting species at risk while safeguarding social order is a policy challenge that entangles biology, politics, and economics. Nearly 1200 species are listed as endangered or threatened under the Endangered Species Act (ESA) of 1973; only twelve have been removed from the list. Attempts at species recovery on public and private property lead the authors to examine the political realities that define the debate: who should pay the costs and receive the benefits, and how interest group behaviour affects the nature of endangered species protection. Although the ESA directs administrative agencies to list and protect species following scientific priorities, the collection addresses the economic choices that still must be confronted. These range from the protection potential of private markets to the design of incentive schemes to encourage conservation by private landowners.
Budgets have a big influence on the economy and society. With many countries, about 50 percent of total expenditures and income pass through the budget via taxes, charges and expenditures. In recent years many countries, e. g. in the OECD and the EU, have tended to use this influence in an environmentally rational way. Tradi tional environmental policy has relied on command-and-control and cnd-olpipc technologies that have proven to be insufficient in coping with the challenge of glo bal change. Hence, many countries have started to investigate the environmental impacts of their budgets by looking at existing taxes and charges, as well as tax allowances and exemptions and other relevant regulations and expenditures -even to have a special impact on the environment. The implementation of those not meant such findings is now broadly discussed in these countries. This publication will contribute to the debate. It is a result of a wider project called Green Budget Reform -Prospects in Central and Eastern Europe. initiated by Vida Ogorelec Wagner, managing Director of Umanotera, The Sloven ian Founda tion for Sustainable Development, and then jointly developed. proposed to the EC and carried out in partnership with Kai Schlegelmich of the Wuppertal Institute in Germany. The project comprised an international seminar on Green Budget Reform in April 1997 at Lake Bled, Slovenia, and the Case Study of Sloveilla."
Many European Union Directives seek to minimize the potential for harm to humans and the environment arising from the use of chemicals. This book takes an interdisciplinary, selective look at the effector mechanisms employed in such directives. It covers the pre-marketing use of toxicology to identify the hazardous properties of chemicals, acknowledging its shortcomings, while contrasting the scientific method with the precautionary principle in developing risk-management practices. The book then goes on to describe the use of bio-indicators, chemical analyses and mathematical modelling for prediction, or to determine the adequacy of chemical safety legislation. The environmental risk assessment of priority chemicals is described and the impact of pesticides on sustainability in agriculture is discussed from the differing standpoints of agronomy and economics. Audience: All professionals concerned with the safe management of chemicals and their use, including teachers, practitioners, policy makers or legislators.
This book presents the results of thirty-four case studies in an EU-sponsored project on heavily modified water bodies. The account emphasizes the methods used in the process of identification and designation, and identifies further research needs. The contents are the basis for the agreed European Guidance on artificial and heavily modified water bodies to be used by practitioners in the implementation of the Water Framework Directive.
Biological markers used to assess the effects of environmental pollution have attracted considerable attention from regulatory agencies and are currently under evaluation at a number of research facilities throughout the world. However promising a biomarker-based biomonitoring approach may be, the development of this concept is complicated by a range of technical issues. This book provides a conceptional framework for research and application of biomarkers. International experts on biomonitoring have formulated a unified strategy for the development and validation of biomarkers in assessing environmental health as well as appropriate protocols for their implementation and interpretation in a biological monitoring program. |
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