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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature's rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it Chapter 6 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9780429505959
The Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.
Although many developing countries have environmental statutes,
regulations, and resolutions on the books, these laws are rarely
enforced and often ignored. "Making Law Matter" presents the first
book-length treatment of an innovative prosecutorial institution,
the Brazilian Ministrio Publico, which refashioned itself in the
1980s into a powerful defender of citizen rights in environmental
protection, as well as in other areas of public interest such as
disability rights, consumer protection, and anticorruption.
This book takes a practical approach to understanding and describing collaborative governance for resolving environmental problems. It introduces a new collaborative governance assessment model and recognizes that collaborations are a natural result of organizations converging around complex issues. Rather than identifying actors by their type of organization, the actors are identified by the type of role they play. This approach is aligned with how individuals and organizations interact in practice, and their dependance on collaborations to solve emerging environmental problems. The book discusses real cases with governance issues and creates new frameworks for collaborations. Features: Addresses communities at all levels and scales that are gravitating toward collaborations to solve their environmental issues. Prepares and enables individuals to participate in collaborative governance and design collaborative governance frameworks. Introduces the first simplified and standardized model to assess governance using governance actors and styles. Explains governance in simple terms and builds governance frameworks from the individual's perspective; the smallest, viable unit of governance in a collaboration. Describes "tools of convergence" for collaborative leaders to organize and align activities to create shared-governance outcomes and outputs.
This book takes a practical approach to understanding and describing collaborative governance for resolving environmental problems. It introduces a new collaborative governance assessment model and recognizes that collaborations are a natural result of organizations converging around complex issues. Rather than identifying actors by their type of organization, the actors are identified by the type of role they play. This approach is aligned with how individuals and organizations interact in practice, and their dependance on collaborations to solve emerging environmental problems. The book discusses real cases with governance issues and creates new frameworks for collaborations. Features: Addresses communities at all levels and scales that are gravitating toward collaborations to solve their environmental issues. Prepares and enables individuals to participate in collaborative governance and design collaborative governance frameworks. Introduces the first simplified and standardized model to assess governance using governance actors and styles. Explains governance in simple terms and builds governance frameworks from the individual's perspective; the smallest, viable unit of governance in a collaboration. Describes "tools of convergence" for collaborative leaders to organize and align activities to create shared-governance outcomes and outputs.
Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.
Ecotoxiclogical risk from multiple stressors covers any situation where org- isms are exposed to a combination of environmental stressors. These include physical and chemical pollutants as well as other stressors such as parasites and environmental impact (e. g. , climate change or habitat loss). The combi- tion of stressors can result in increased risk to organisms (either additive or synergistic effects) or decreased effects (protective or antagonistic effects). The multiple stressor challenge is an international, multi-disciplinary problem requiring an international, multi-disciplinary approach. The c- rent approach to multiple stressors is to examine one stressor at a time and assume additivity. Little work has been done on combinations of stressors such that potential interactions can be determined. The problem is very complex. Multiple stressors pose a whole spectrum of challenges that range from basic science to regulation, policy and gove- ance. The challenges raise fundamental questions about our understanding of the basic biological response to stressors, as well as the implications of those uncertainties in environmental risk assessment and management. In addition to the great breadth, there is also great depth in the research ch- lenges, largely due to the complexity of the issues. From a basic science point of view, many of the mechanisms and processes under investigation are at the cutting edge of science - involving new paradigms such as genomic ins- bility and bystander effects.
One of the principal arguments put forth by Brexit supporters is that by freeing the UK from the stranglehold of EU law, the country will be able to expand its markets through increased bilateral trade and enhance economic growth. This book tests this proposition by reference to the car industry. Brexit and the Car Industry explores the international position of the car market to argue that the hope of Brexit bringing regulatory freedom is illusory. The book starts by examining the structure of the vehicle industry, how its regulatory framework evolved and how the environment in which it operates is constrained by international standards and the practicalities associated with trading across different regulatory systems. By examining the evolution of vehicle regulations, particularly related to the environment, it argues that a UK independent path is not only impractical but self-defeating. The private car market is structured in such a way that is global, and meeting the various international regulatory requirements is a price of entry requirement which no bilateral trade agreements are likely to alter. The book also considers changing environment affecting the car industry in the context of an aspiration for regulatory freedom. The response to climate change and the impact of technological change - specifically driverless vehicles - are big questions for the industry and both are examined in this book. The book also considers the emergence of large metropolitan areas imposing their own use and environmental requirements operating separately to national standards. The future of electric and autonomous vehicles combined with the complexity of the regulatory environment with both international and localised pollution measures make the UK navigating a safe independent path through with a viable car industry highly questionable. Providing a comprehensive review of the relationship between regulatory frameworks and free trading models, this book is aimed at industry and legal professionals. It will also be of interest to students studying market behaviour, free trade law and the free movement of goods, and environmental protection.
The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.
The role of water in our communities, from local to regional and right up to global levels, poses a series of key questions about climate change, about the anthropogenic impact on the environment, and about all the interconnected actions and events that affect the availability and quality of the resource. All these questions share a common demand for more scientific knowledge and information. In this particular context the disciplinary boundaries are fading, and there is a growing need to create broader connections and wider collaborative interdisciplinary groups, aimed at building an integrated knowledge-base to serve not only stakeholders but also the whole of society. Only in this way can we hope to respond effectively to the challenges and changing dynamics of human-hydrologic systems. Following this concept, contributors from multiple disciplinary backgrounds, such as Law Studies, Hydrogeology, Monitoring and Information Technologies, Geophysics, Geochemistry, Environmental Sciences, Systems Engineering, Economics and Social Studies, joined forces and interacted in this workshop. The present book reports the proceedings of this three-day ARW (Advanced Research Workshop), and explores different aspects of the environmental security assessment process, focusing on the assessment, monitoring and management of water resources, and giving an overview of the related scientific knowledge.
This is the third volume in a respected series edited by the Japan Environmental Council. Part l covers the environmental impact of the military, trade, agriculture/food and the biodiversity of forests and rice paddies. Part 2 examines the problems unique to Northeast Asia, the Mekong region, and Inner Asia. In April 2005 this book was awarded the 6th Environment for Tomorrow Award by the newspaper Asahi Shimbun.
This edited collection analyzes the appropriate balance between conservation and development and the place for participation and popular protest in environmental assessment. Examining the relationship between law, environmental governance and the regulation of decision-making, this volume takes a reflective and contextual approach, using wide range of theories, to explore the key features of modern environmental assessment. This collection of work from experts in the area in the US and Europe provides a detailed treatment of key issues in environmental assessment, encouraging an appreciation of where environmental assessment has come from and how it could develop in the future. A 'stocktaking' exercise, this volume encompasses a broad range of concerns, timescales and legal and policy contexts. Individual chapters include discussions on:
Looking at the rots and current state of environmental assessment in the US and Europe and giving the reader a good sense of the political, scientific and technological settings in which environmental assessment has developed, this book critically examines the dilemmas the law has found itself in since the regulation of environmental assessment.
This illuminating study explores crimes against, and involving, wildlife and the resultant social harms. The authors go well beyond basic conceptions of animal-related crime, such as illicit trade, for a deeper exploration of wildlife criminology, using a novel approach that combines philosophical, legal and criminological perspectives. They shed light on both legal and illegal harms, including blood sports, wildlife as food and abuse in zoos, and consider the potential connections with inter-human crimes. This is a unique treatment of wildlife as victims of crime and a consideration of their rights as sentient beings that sets new horizons for the concept of wildlife criminology.
Environmental health encompasses the assessment and control of those environmental factors that can potentially affect human health, such as radiation, toxic chemicals and other hazardous agents. It is often assumed that the assessment part is just a matter of scientific research, and the control part a matter of implementing standards which unambiguously follow from that research. But it is less commonly understood that environmental health also requires addressing questions of an ethical nature. How can we determine the "acceptable" risk level for the general population or for certain groups? How should we deal with uneven distributions of risks and benefits? How do we communicate about risks with the stakeholders? This multidisciplinary collection brings together a number of leading researchers and scholars in order to generate discussion surrounding these key questions, and to bring the ethical implications of science and technology to the forefront of critical thought. Providing a broad overview of the Ethics of Environmental Health, its philosophical foundations and practical applications, this book offers a significant contribution to ongoing discussions in sustainable development and will be of interest to scholars and practitioners of Environmental Health, urban studies and healthcare.
This volume draws on the ecojustice, citizen science and youth activism literature base in science education and applies the ideas to situated tensions as they are either analyzed theoretically or praxiologically within science education pedagogy. It uses ecojustice to evaluate the holistic connections between cultural and natural systems, environmentalism, sustainability and Earth-friendly marketing trends, and introduces citizen science and youth activism as two of the pedagogical ways ecojustice philosophy can be enacted. It also comprises evidence-based practice with international service, community embedded curriculum, teacher preparation, citizen monitoring and community activism, student-scientist partnerships, socioscientific issues, and new avenues for educational research.
Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as "risk regulation" because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture-painted by risk regulation's critics-of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.
This work provides a critical analysis of the inquiry and intervention rights of investigation committees investigating in the private sphere based on references to criminal procedure regulations in article 44 section 2 sentence 1 of the Basic Law of the Federal Republic of Germany (Grundgesetz - GG) and the law of parliamentary investigation committees (parlamentarische Untersuchungsausschussgesetz - PUAG). This analysis aims to define the extent and limitations of the inquiry and intervention rights and to provide a practice relevant presentation of the inquiry and intervention rights of investigation committees investigating in the private sphere.
This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.
Environmental Assessment is an inherently interdisciplinary mechanism which is concerned with the input and quality of information about the likely effects of development upon the environment. It is a useful tool for examining aspects of the relationship between law, governance, and the regulation of decision making, which have been central to the development of environmental law. In this volume, the procedural mechanism of environmental assessment is analysed. The author argues that, notwithstanding its procedural nature, environmental assessment is highly material to the outcome of a decision. A major focus of this analysis is the enhanced role of the developer in shaping the outcome of a decision by assuming responsibility for providing information on which a decision will be based, in accordance with a broader agenda of expanding the roles and responsibilities of participants in environmental decision making. The author draws upon several contemporary projects as case studies of assessment: a global port, an offshore windfarm, a flood defence strategy, and a recreation centre. In analysing these sites of decision making from a legal perspective, the author touches upon the key determinants of environmental assessment: discretion, the significance of environmental effects, alternative options, and participatory rights. Finally, the volume looks to the future development of environmental assessment: as an avenue for protest, and, alternatively, as a standardized component of international contracts for development.
"The best introduction to global environmental politics I have
seen." Human activity is changing the global environment on a scale unlike that of any other era. Environmental deterioration is now a global issue--ecologically, politically, and economically--that requires global solutions. Yet there is considerable disagreement over what kinds of strategies we should adopt in order to halt and reverse damage to the global ecosystem. What kinds of international institutions are best suited to dealing with global environmental problems? Why are women and indigenous peoples still marginalized in global environmental politics? What are the consequences of the global ecological crisis for economic and security policies? The Global Politics of the Environment makes sense of the often seemingly irreconcilable answers to these questions. It focuses throughout on the tensions between mainstream strategies, which seek to build support for reforms through existing institutions, and radical critiques, which argue that environmental degradation is a symptom of a dysfunctional world order that must itself be transformed if we are to meet the challenge of saving the planet.
This book, first published in 1997, provides a stimulating introduction to an area of law which is rapidly developing and is becoming more important within the UK legal system and EC and international law. It adopts a broad perspective in describing the present legal framework and in examining the evolution of the distinctive legal techniques of this subject.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
Numerous changes in the law as well as new legal precedents have made this newly revised edition necessary. The work provides students with a readable, systematically laid out textbook.Due toits accuracy and clarity, it also serves as a useful resource for all individuals involved with administrative law. The printed version of this new edition also offers online access to 6,500 decisions with commentary from the JURA index database. |
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