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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
'Professor Sakmar's book is a must read for anyone interested in gaining a better understanding of the most dynamic segment of the global energy industry.' - Jay Copan, Executive Director, LNG 17With clear and direct text, supplemented with key maps, charts and graphics from government, industry and other sources, the book moves the reader smoothly through the early history of LNG up to current developments, including shale gas and North American LNG exports. The book is a valuable resource for anyone interested in understanding global gas markets and the energy policy challenges facing us in the 21st century.' - Jacqueline L. Weaver, A.A. White Professor of Law, University of Houston Law Center, US Countries around the world are increasingly looking to liquefied natural gas (LNG) - natural gas that has been cooled until it forms a transportable liquid - to meet growing energy demand. Energy for the 21st Century provides critical insights into the opportunities and challenges LNG faces, including its potential role in a carbon-constrained world. This comprehensive study covers topics such as the LNG value chain, the historical background and evolution of global LNG markets, trading and contracts, and an analysis of the various legal, policy, safety and environmental issues pertaining to this important fuel. Additionally, the author discusses emerging issues and technologies that may impact global LNG markets, such as the development of shale gas, the prospects of North American LNG exports, the potential role of the Gas Exporting Countries Forum and floating LNG. The author contextualizes the discussion about the importance of LNG with an analysis of why the 21st century will be the 'golden age' of natural gas. Accessible and non-technical in nature, this timely book will serve as an essential reference for practitioners, scholars and anyone else interested in 21st century energy solutions. Contents: Preface Introduction 1. The Role of Natural Gas and LNG in the 21st Century 2. The LNG Value Chain 3. The Evolution of LNG Markets and Primary Demand Regions 4. Global LNG Supply 5. Global LNG Demand and Emerging Demand Markets 6. The Globalization of LNG: The Evolution of LNG Trade, Pricing and Contracts 7. Safety and Environmental Sustainability of LNG 8. Global LNG Mega Projects and Players Qatar and Australia 9. New Players and Projects Russia, Peru, Yemen, and Papua New Guinea 10. The Role of Shale Gas in the Golden Age of Gas 11. The Impact of Shale Gas on Global Gas Markets and the Prospects for US and Canadian LNG Exports 12. Emerging Issues in the LNG Industry Conclusion: The Future Looks Bright for LNG as a Fuel for the 21st Century Index
This book investigates the existing and possible links between the concept of a Carbon Club and the Paris Agreement. In doing so the book defines those criteria that may lead to an effective establishment of a Carbon Club acting within the mandate of the Paris Agreement and identifies the key questions that such an option may help to tackle: Which low-carbon pathways are compatible with the new temperature targets set by the Paris Agreement? Can new entities like the Carbon Club have a decisive role in guaranteeing the alignment of the aggregate mitigating actions with the global objectives identified within the Paris Agreement? What role will be played by market and non-market approaches within the proposed framework? How can economic, social, and environmental sustainability be ensured during the implementation of the Agreement? How can justice and equity be encouraged between the Parties and all the involved actors as required by the Agreement? Which instruments can be designed and adopted to provide the expected degree of transparency for the new system? To respond to these questions the book adopts a holistic approach, able to emphasize the strong interrelations. The book discusses the opportunity to develop a Carbon Club within the Article 6 framework, and provides a feasible roadmap for its means of implementation, rules and governance structure. The final result is a feasible policy proposal that takes into account all the key issues introduced by the questions, and draws a roadmap towards a 'low-carbon Bretton Woods'.
This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies. Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang
This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.
"The Game of Conservation" is a brilliantly crafted and highly
readable examination of nature protection around the world.
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi
From Eisenhower to Obama, this book provides a comprehensive analysis of the policies Congress and the president have proposed and passed to protect the environment over time. The U.S. federal government first began to consider legislation to protect the environment and natural resources in 1940s. Since that time, Congress and the president have considered and passed numerous environmental policies-laws that serve to protect the quality of the air we breathe, the water we drink, the natural beauty of the land, and the animals that live both on land and in the water. In Making Environmental Law: The Politics of Protecting the Earth, experienced and accomplished environmental law researcher Nancy E. Marion shows what policies Congress have proposed and passed to protect the environment over time. Each chapter focuses on the members of Congress's response to a different environmental concern, such as ocean dumping, pesticides, and solid waste. With "green" awareness now affecting every aspect of our modern world, this text serves as an invaluable reference for students and researchers who need a deeper historical background on the political aspects of these issues. Tables summarize key legislative acts Index of all bills listed in the text An appendix with a timeline of important dates in the history of environmental law
The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. While the complex copyright problems of the Internet have generated plenty of literature and legislative initiatives, many important issues still remain unresolved. Rights holders in the online marketplace thus remain vulnerable to digital piracy and other forms of unauthorised use. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.
Van Calster, Vandenberghe and Reins have led an impressive group of specialists from around the world to deliver the definitive book on climate change mitigation. Mitigation law for all sectors (energy, industry, transport, buildings, waste, land use, forestry), as well as all relevant mitigation instruments (carbon trading, finance, litigation) are discussed in great detail and with an eye on all relevant countries and regions in the world, such as the EU, the United States, China and the other BRICS countries. This book is a valuable source of information on mitigation law and will be the starting point for any future research and decision-making on climate change mitigation.' - Jonathan Verschuuren, Tilburg University, the NetherlandsGovernments around the world have been trying to find ways to reduce greenhouse gas emissions for decades. This detailed Handbook considers the spectrum of legal and market-based instruments as well as strategies and policies adopted around the world and suggests more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book looks at the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. With perspectives from academia, government and private practice, the expert contributors analyse key sectors such as energy, transport, buildings, industry, land use and waste. Important issues such as carbon trading, financing and litigation are also addressed. The book demonstrates the variety of approaches taken and their challenges with a view of fostering more effective and pragmatic ways of managing climate change mitigation. This timely book will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed. Contributors: M. Alessi, J. Allmon, H. Van Asselt, D. Belis, L. Berzanskis, S. Bogojevic, D. Conway, C. Egenhofer, J.B. Eisen, B. Evans, N. Fujiwara, M.B. Gerrard, K. Hussey, M. Iguchi, S. Kakade, C.K. Siebert, E. Knight, A. Korppoo, J. Li, J. Lin, H. Masondo, M. Mehling, K. Hannon Michel, A. Monroe, H. Nakamura, J. Nunez Ferrer, A.S. Olesen, U. Outka, S.-L. Penttinen, F. Rambau, L. Reins, L. Ristino, A. Rohatgi, R. Seroa da Motta, I. Skinner, N. Srivastava, K. Talus, T.S.A. Loi, C.Tung, K. Upston-Hooper, G. Van Calster, W. Vandenberghe, S. Wattiaux, P. Wehrheim, J. Wettestad, A. Yamamoto, E. Yliheljo, N. Bin Zahur
This book presents an important discussion on soil and sustainable agriculture from a range of perspectives, addressing key topics such as sustainable intensification, the FAO Voluntary Guidelines, and the crucial role of appropriate tenure rights. This second volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme "soil and sustainable agriculture." In turn, the second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses cross-cutting issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national and regional level. The Chapter "The Use of Property Law Tools for Soil Protection" by Jessica Owley is available open access under a CC BY 4.0 license at link.springer.com.
Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.
The scope and frequency of catastrophes, natural or man-made, are mounting. In 2008, more than 240,500 fatalities were counted, due to 311 natural catastrophes and man-made disasters. These numbers are unprecedented. It is to be expected that a mounting number of victims will look for financial compensation in the aftermath of future catastrophes. As the author of this ground-breaking book points out, there are as many sets of compensation mechanisms as there are countries. In a prodigious move to remedy this situation, she examines whether it is possible to find a combination of compensation mechanisms (i.e., a compensation model) that provides the most comprehensive and efficient financial solution for the victims of a natural catastrophe, a large-scale terrorist attack, and/or a man-made disaster - and, if so, what such a program would look like. In the process she deals exhaustively with such elements as the following: -the type of victims that disasters can cause; -safety regulation versus liability law; -insurability of catastrophes; -compensation funds; -capital market instruments; -types of government intervention; -defining terrorism for the purpose of compensation; and -preventive incentives as an element of efficient compensation. Because economic efficiency is an unavoidable factor in the compensation of catastrophe victims, the author relies primarily on a law and economics perspective in order to find an efficient and comprehensive model that is workable in practice and that takes into account the legal and cultural situation in the various countries. Once she has developed this model, she compares it with actual programs in Belgium, France, the Netherlands, and the United States of America - countries carefully chosen to represent a reasonably full variety of possible solutions. This comparison of real world solutions allows her to explain why each is inefficient and to define real and necessary conditions for policy change. This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programs for catastrophe victims.
The European Agreement Concerning the International Carriage of Dangerous Goods by Road is intended to increase the safety of international transport of dangerous goods by road. Regularly amended and updated since its entry into force, it contains the conditions under which dangerous goods may be carried internationally. This version has been prepared on the basis of amendments applicable as from 1 January 2015. It contains in particular new or revised provisions concerning transport of adsorbed gases; lithium batteries (including damaged or defective lithium batteries, lithium batteries for disposal or recycling); asymmetric capacitors; discarded packagings; ammonium nitrate and radioactive material; testing of gas cartridges and fuel cell cartridges; marking of bundles of cylinders; and the applicability of ISO standards to the manufacture of new pressure receptacles or service equipment.
The Conference on Codification of Environmental Law was organized on the occasion of the presentation of the Draft Decree on Environmental Policy to the Flemish government. The Draft Decree was prepared by the Interuniversity Commission for the Revision of Environmental Law in the Flemish Region. It codifies and revises environmental protection law and has, to a large extent, been influenced by EC Law. The conference provided a forum for the analysis of experiences and plans for codification in a number of EC Member States, the role of international law in the codification process and the essential procedural and substantive difficulties to be dealt with in codifying national environmental law. This book will be published in conjunction with the English version of the Draft Decree and its detailed analysis, a publication which has been sponsored by the Flemish government.
Sarnoff's Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I m quite pleased to have it on my bookshelf.' - Eric Lane, Green Patent Blog Written by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade. The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyze the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change. Contributors: P. Ala'i, C. de Avila Plaza, D. Borges Barbosa, P. Bifani, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. Yu
Tanasescu examines the rights of nature in terms of its constituent parts. Besides offering a thorough theoretical grounding, the book gives a first detailed overview of the actual cases of rights for nature so far. This is the first comprehensive treatment of the rights of nature to date, both analytically and in terms of actual cases.
Dernbach and May have brought together a marvelous collection of essays that join two inseparable issues: shale gas and sustainability. Each of the 12 articles, written by important authors, together with an introduction and conclusion from Dernbach and May, offers insightful recommendations on how to explore shale gas around the globe in a sustainable way.' - Marcelo Dantas, Universidade do Vale do Itajai (UNIVALI), SC, BrazilThe rapid growth of shale gas development has led to an intense and polarizing debate about its merit. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability? In this groundbreaking book, more than a dozen experts in policy and academia assess the role that sustainability plays in decisions concerning shale gas development in the US and elsewhere, offering legal and policy recommendations for developing shale gas in a manner that accelerates the transition to sustainability. Contributors assess good practices from Pennsylvania to around the planet, discussing how these lessons translate to other jurisdictions. Ultimately, the book concludes that major changes in law and policy are needed to develop shale gas sustainably. Policymakers and educators alike will find this book to be a valuable resource, as it tackles the technical, social, economic and legal aspects associated with this sustainability issue. Other strengths are its clear language and middle-ground policy perspective that will make Shale Gas and the Future of Energy accessible to both students and the general public. Contributors: D.A. Brown, T. Daya-Winterbottom, J. Glazewski, B.D. Goldstein, P. Ko, B. Kolb, K.T. Kristl, J.A. 'Skip' Laitner, J. McElfish, J. Morgan, J.H. Quigley, P. Salkin, D.B. Spence, D. Stares, J. Ubinger, Jr., J. Williamson
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.
This book reveals the mechanisms underlying the convergence of car fuel economy regulations in Europe, Japan and the US by drawing upon a constructivist theory of International Relations and law that focuses on business competition and environmental regulations. It offers new understanding of the topic of cars and an issue of climate change, discussing the emerging phenomenon of convergence of fuel economy regulations; addressing the role of business actors in pushing for climate change action; proposing the new model of agency with and beyond states; and providing insightful case studies from Europe, Japan and the US. The opening chapter reviews the automobile industry and global climate change, providing a background for the discussion to follow. Chapter 2, Business Actors and Global Environmental Governance, grounds the discussion in the field of environmental governance. The third chapter is a case study examining the construction and timing of the European Union's climate policies for automobile CO2 emissions, discussing the underlying factors and the actors influencing the policies. The following chapter argues that Japan adopted its stringent fuel economy regulations primarily because of industry competitiveness, motivated by stringent environmental regulations in export markets and encouraged by a tradition of 'co-regulation' and 'corporatism' to enhance the regulations. Chapter 5 asks why the US, the first country to introduce fuel economy regulations, spent two decades in regulatory stagnation, and discusses how recent US fuel economy regulations came to converge with Japanese and European standards. Chapter 6 compares, contrasts and analyzes fuel economy regulations among the three case studies and identifies policy implications for the future climate governance for 2015 and beyond. The final chapter explores applicability of the 'agency with and beyond the state' model to other sectors and to climate governance as a whole.
This book is a practical guide to the international, EC, and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition - published by Sweet and Maxwell in 1997 - was very well received. Given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated, and much expanded second edition is timely. It covers the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters that deal specifically with new construction and decommissioning will be vital reading. Written by Stephen Tromans, one of the leading environmental law experts who has published widely in this field, the book will be of interest to environmental law practitioners, NGO's, and academics.
The volume gives an overview on how legislators all over the world have come up with different legal solutions for governing genetically modified organisms (GMOs) and food security and provides a compact summary of the existing regulations in this field. In a comparative legal approach, a general report analyses and compares these various national and supranational legal systems. It closely follows the newest developments at the interface between genetic engineering law and food law. The emergence of a new technology usually leads to fundamental questions as to how the law should respond to it. The regulation of genetically modified organisms is a prime example, they have been discussed controversially ever since they were subject of legislation and regulation. In particular, this applies to the use of GMOs in food production. There is a variety of interesting legislations and a differentiated width of legal frameworks on international, supranational (EU) and national level to be found. The different regulations that thereby came to light are evidence of the various opinions and policies the societies and states have developed on this matter. It is this variety of regulations the volume examines, primarily on the basis of national reports that were handed in concerning the topic of genetic technology and food security at the occasion of the XIX International Congress of Comparative Law.
This book explores ways in which ideas from America could be used to improve the effectiveness of environmental laws in Britain and throughout Europe. It addresses some of the wider issues which help to decide whether environmental laws are effective or not. The book considers the political context in which environmental laws are made,and the implications for long-term public support of them. It examines the ways in which the law-making processes in Britain and Europe effectively exclude public participation and offers suggestions for ways to change these processes, with examples of American alternatives. It considers the tensions between science - the foundation for much environmental policy - and public opinion. Successful implementation of these laws requires both wide public support and consistent enforcement. Britain has traditionally used criminal law sanctions to enforce its environmental laws. America uses the criminal process more selectively but makes much more effective use of civil and administrative enforcement. The book also examines some of the highly effective approaches to pollution prevention being developed in America, and the implications for environmental regulation of rapidly changing high-technology industries.
Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert's involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation. |
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