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.

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:

• the development of EIA in the United States and Europe
• the interrelation of environmental assessment with other regulatory regimes (water protection, environmental justice initiatives, the European spatial strategy)
• the prospects for the digitalization of the environmental assessment process
• the development and use of environmental impact assessment by the European Commission, the UN/ECE and NGOs.

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 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 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.

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 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.

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 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."
--Andrew Hurrell, editor of "Regionalism in World Politics"

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.

Environmental stories have all the elements of a good drama-villains that plunge the world into danger and heroes that fight for positive change. Industrial Disasters and Environmental Policy: Stories of Villains, Heroes, and the Rest of Us illuminates the interplay between environmental policies and the people and groups who influence their development and implementation. Through the stories of four major industrial disasters-the Union Carbide plant explosion, the BP oil spill, the Upper Big Branch Mine explosion, and the asbestos poisoning in Libby, Montana-this book examines the organizational breakdowns and regulatory lapses that caused these disasters, and how attitudes and policies changed as a result. It also explores the achievements of environmental heroes like Gaylord Nelson and Judy Bonds and how their activism has shaped US environmental politics and policies. Industrial Disasters and Environmental Policy concludes with a discussion of how the "rest of us" can participate in everyday environmental actions, hold corporations and the government accountable, and lobby for greater environmental protections. With its compelling stories and calls to action, this book helps students understand how US environmental policies have developed and transformed-and how they can continue to do so.

Our collection of verdicts is directed towards making accessible the adjudications of the large number of regional constitutional courts involved and that in a clear and uniform manner. It provides in a unique manner a general overview of the constitutional jurisdiction of the regions and is therefore an indispensable basis for academic discourse, without which lively constitutional jurisdiction is unthinkable.

A fully updated 4th edition of the definitive work on permitted changes of use. The extensive changes to the Use Classes Order in 2020 were clearly going to be followed by consequential amendments to the GPDO, especially to permitted development rights for changes of use in Parts 3 and 4 of its Second Schedule. This has led to the most radical shake-up of these provisions since permitted development rights for changes of use began to be significantly expanded from 2013 onwards. The new provisions came into force on 1 August 2021, and the Fourth Edition of A Practical Guide to Permitted Changes of Use contains a fully updated text explaining these legislative changes in detail. Some significant expansion of PD rights has been brought about, notably Class MA, which permits the residential conversion of the wide range of buildings in commercial, business or service uses that now fall within Use Class E. Some former PD rights have now been removed. A few of these were simply redundant, as a result of both the pre-existing use and the new use now falling within one and the same Use Class, so that a change of use from one to the other is no longer development at all. Others have been replaced by new or enlarged PD rights under other Classes. For example, the revised and expanded Class A now embraces previous PD rights under Classes A, B, C, D, E and F (to the extent that some of these have not been rendered altogether redundant). This has left a number of PD rights that have been removed from the GPDO altogether without being replaced in any way. These are defined as 'protected development', and their life has been extended for a limited period. All these former PD rights are identified in the book, and the transitional rules that apply to them are explained in detail. This Fourth Edition of A Practical Guide to Permitted Changes of Use will be an essential resource for property owners, developers and their professional advisers, giving them a completely up-to-date guide to this increasingly complicated and much-amended legislation.

This handbook is a comprehensive guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. The Act protects not only threatened and endangered animals and plants, but their habitats as well, from direct and indirect threats such as hunting and development. Enacted in 1973 without opposition, the Act has over the past 27 years become a focal point for controversy, as efforts to protect species have clashed with traditional views of economic progress. Despite the often heated debate, the Act enters the 21st century essentially unchanged.
This handbook, intended for lawyers, government agency employees, students, community activists, businesspeople, and anyone else who needs to understand the Endangered Species Act, guides the reader through the Act's provisions, including the procedures for listing species and designating their critical habitats, the requirements the Act places on federal agencies, and the scope of protections afforded to listed species. It contains a discussion of the modern extinction crisis and a brief history of endangered species protection in the United States. The handbook also explains how the Act and its implementing regulations have been interpreted by courts over the years. It provides valuable tips for citizens who wish to become involved in application and enforcement of the Act. The handbook includes the text of the Act, as well as a bibliography of related legislative materials, case law, and legal scholarship.

This book examines the systematic constraints on US law enforcement agencies to regulate business behaviour. It looks specifically at the post-war development of laws regulating water pollution and at the Environmental Protection Agency's efforts to enforce them. The discussion traces the factors leading to legal change and analyzes the ways in which the impacts of environmental laws vary from their stated purposes and goals, even under relatively favourable conditions for their enforcement. It shows how legal processes and social relations mutually constrain and shape one another as the state struggles to manage often contradictory responsibilities, in this case to encourage both economic growth and environmental welfare. The book is principally directed at social scientists and their students in the areas of sociology of law, public policy, political sociology, political economy and criminology. It is also directed at legal and policy practitioners in environmental regulation and educated lay readers concerned with environmental policy.

"Rulings in Ecclesiastical Matters Since 1946"]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.

This book explores the relationship between oil pollution laws and environmental justice by comparing and contrasting the United States and Nigeria. Critically, this book not only examines the fluidity of oil pollutions laws but also how effective or ineffective enforcement can be when viewed through the lens of environmental justice. Using Nigeria as a case study and drawing upon examples from the United States, it examines the legal and institutional challenges impacting upon the effective enforcement of laws and provides a contrasting view of developed and developing countries. Focusing on the oil and gas industry, the book discusses the laws and international acceptable standards (IAS) in these industries, the principles behind their application, the existing barriers to their effective implementation, and how to overcome those barriers. Utilising an environmental justice framework, the book demonstrates the synergy between policy-making, human rights, and justice in oil-producing regions as well as addressing the importance of protecting the rights of minorities. Through a comparative analysis of the United States and Nigeria, this book draws out enforcement approaches and mechanisms for tackling oil-related pollution with a view to reducing environmental injustice in developing countries. Examining the role of NGOs in pursuing environmental justice matters, the book showed the regional courts as one avenue of overcoming the enforcement challenges faced by the developing countries. This book will be of great interest to students and scholars of environmental law, environmental justice, minorities' rights, business and human rights, energy law, and natural resource governance.

The long-awaited contaminated land regime came into force on 1 April 2000. A decade in the making, it may take as long again for some of its complexities and difficulties to be understood, interpreted and eradicated. This book provides those working in the commercial, corporate or property fields with a guide to one of the most complex pieces of legislationin the English statutory canon. The book unravels the mysteries of the new system and analyzes the impact that it may have on property transactions andcorporate take-overs, especially given the Government policy of regeneration and the building of 60% of new housing stock on brownfield sites. It also looks at the implications ofthe new regime from the point of view of site-owners, operators, lenders, consultants and professional advisers. The book answers vital questions such as: in principle, the polluter pays, but are there traps for the unwary?; if you buy a site, can you be liable to pay the clean-up bill?; must a site purchaser always investigate the property portfolio? Can you do anything to avoid liability? If you think the answer to any of the above questions is 'no', then you need to read this book.

This book examines the systematic constraints on US law enforcement agencies to regulate business behaviour. It looks specifically at the post-war development of laws regulating water pollution and at the Environmental Protection Agency's efforts to enforce them. The discussion traces the factors leading to legal change and analyzes the ways in which the impacts of environmental laws vary from their stated purposes and goals, even under relatively favourable conditions for their enforcement. It shows how legal processes and social relations mutually constrain and shape one another as the state struggles to manage often contradictory responsibilities, in this case to encourage both economic growth and environmental welfare. The book is principally directed at social scientists and their students in the areas of sociology of law, public policy, political sociology, political economy and criminology. It is also directed at legal and policy practitioners in environmental regulation and educated lay readers concerned with environmental policy.

The EU has been portrayed as a leader in international climate change negotiations. Its role in the development of the climate change regime, as well as the adoption of novel policy instruments such as the EU Emissions Trading Scheme in 2005, are frequently put forward as indicative of a determination to push the international climate agenda forward. However, there are numerous instances where the EU has failed to achieve its climate change objectives (e.g. the 2009 Copenhagen Conference of the Parties). It is therefore important to examine the reasons behind these failures. This book explores in detail the involvement of the EU in international climate talks from the late 1980s to the present, focusing in particular on the negotiations leading up to Copenhagen. This conference witnessed the demise of the top-down approach in climate change policy and dealt a serious blow to the EU's leadership ambitions. This book explores the extent to which negotiation theory could help with better comprehending the obstacles that prevented the EU from getting more out of the climate negotiation process. It is argued that looking at the role played by problematic strategic planning could prove highly instructive in light of the Paris Agreement. This broad historical perspective of the EU's negotiations in international climate policy is an important resource to scholars of environmental and European politics, policy, law and governance.

This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

This impressive collection of original essays explores the relationship between social conflict and the environment - a topic that has received little attention within criminology. The chapters provide a systematic and comprehensive introduction and overview of conflict situations stemming from human exploitation of environments, as well as the impact of social conflicts on the wellbeing and health of specific species and ecosystems. Largely informed by green criminology perspectives, the chapters in the book are intended to stimulate new understandings of the relationships between humans and nature through critical evaluation of environmental destruction and degradation associated with social conflicts occurring around the world. With a goal of creating a typology of environment-social conflict relationships useful for green criminological research, this study is essential reading for scholars and academics in criminology, as well as those interested in crime, law and justice.