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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book examines the role and practical dynamics of governmental environmental law enforcement agencies and individuals who combat environmental crime. It will inform researchers about the 'real world' experiences of practitioners and provide an intellectual space for practitioners to examine critically what it is they do and why.
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
Despite the potential benefits that PSSA designation can deliver, recent practice both within the IMO and by individual member States, has considerably undermined confidence in this emerging concept. The focus of this book is on the events within the IMO that have led to this lack of confidence arising. In doing so, this book presents an examination of coastal State practice with the PSSA concept. In undertaking this analysis, the research provides evidence of the value of the PSSA concept, but also demonstrates its limitations. In this regard, the book presents a reality check which seeks to rationalise some of the heightened expectations with the concept that are apparent in the current debate. The research argues that States may seek to designate PSSAs more for their iconic status than for any demonstrable environmental benefits that may be realised."
This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as a first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations in broader pollution response mechanisms because it does not aligns comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and Salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as a first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics and practitioners working at the intersection of shipping and environmental law.
Providing an overview of the various legal responses to conflicts involving the use of water resources, this text analyzes the continuous development of water law in the face of new threats of water shortages. The book is a result of the conference "Scarcity of Water, International, European and National Legal Aspects" held at the faculty of Law of the Erasmus University, Rotterdam in October 1995. It contains a selection papers presented at the conference and several additional contributions on the issues of water law and policy.
This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: * The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. * The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. * Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. * Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. * Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.
This is the first book to outline a basic philosophy of ecology using the standard categories of academic philosophy: metaphysics, axiology, epistemology, aesthetics, ethics, and political philosophy. The problems of global justice invariably involve ecological factors. Yet the science of ecology is itself imbued with philosophical questions. Therefore, studies in ecological justice, the sub-discipline of global justice that relates to the interaction of human and natural systems, should be preceded by the study of the philosophy of ecology. This book enables the reader to access a philosophy of ecology and shows how this philosophy is inherently normative and provides tools for securing ecological justice. The moral philosophy of ecology directly addresses the root cause of ecological and environmental injustice: the violation of fundamental human rights caused by the inequitable distribution of the benefits (economies) and costs (diseconomies) of industrialism. Philosophy of ecology thus has implications for human rights, pollution, poverty, unequal access to resources, sustainability, consumerism, land use, biodiversity, industrialization, energy policy, and other issues of social and global justice. This book offers an historical and interdisciplinary exegesis. The analysis is situated in the context of the Western intellectual tradition, and includes great thinkers in the history of ecological thinking in the West from the natural sciences, social sciences and humanities. Keller asks the big questions and surveys answers with remarkable detail. Here is an insightful analysis of contemporary, classical, and ancient thought, alike in the ecological sciences, the humanities, and economics, the roots and fruits of our concepts of nature and of being in the world. Keller is unexcelled in bridging the is/ought gap, bridging nature and culture, and in celebrating the richness of life, its pattern, process, and creativity on our wonderland Earth. Holmes Rolston, III University Distinguished Professor, Colorado State University Author of A New Environmental Ethics: The Next Millennium for Life on Earth (2012) Mentored by renowned ecologist Frank Golley and renowned philosopher Frederick Ferre, David Keller is well prepared to provide a deep history and a sweeping synthesis of the "idea of ecology"-including the metaphysical, epistemological, and ethical aspects of that idea, as well as the scientific. J. Baird Callicott University Distinguished Research Professor, University of North Texas Author of Thinking Like a Planet: The Land Ethic and the Earth Ethic (2013)
Alongside other factors, cultural values and identities help to explain different regulatory frameworks for genetically modified organisms. This book uses insights from environmental history and sociology to illuminate the cultural politics of regulation in the US and the EU, with particular attention to public opinion and anti-GMO activism.
Virtually every city in the nation's older industrial regions, no matter its size, grapples with the challenge of unused or abandoned manufacturing facilities and other industrial sites. Local public officials, economic development practitioners, and site owners who have sought to revitalize fallow industrial properties face daunting challenges: contamination of the buildings, equipment, and surrounding land and water. Public concern about health effects from hazardous chemicals, changing environmental law, and evolving private sector development and financing priorities have made it increasingly difficult for communities to restore and reuse former manufacturing sites. This study, sponsored by the Northeast-Midwest Institute, offers analysis and practical guidance on how these blighted areas--brownfields--have been and can be brought back to life.
Based on a major project executed by the European Commission, "Investors' Environmental Guidelines" should be useful to all those associated with the process of investment in central and eastern Europe. The "Guidelines" have been designed for rapid use by the investor who knows very little about the environment, as well as the environmental specialist. The "Guidelines", in particular the sections covering liability and regulatory compliance, should also be of particular interest to lawyers while the coverage of environmental legislation should be of wider interest to policy makers, consultants, NGOs and others, both from within the region and from western countries. In particular, they will allow comparisons of investor-related environmental requirements between countries in the region.
In an anarchical society of independent states, unilateral measures play an important role. Fortunately, this does not mean that most states act unilaterally most of the time; on the contrary, cooperation is the key word in most areas of international relations and international law. However, in the absence of a comprehensive judicial system or effective enforcement system, states have and will continue to take unilateral measures to enforce law and policies. Sometimes these measures only claim to legality is the application of the countermeasures doctrine. This landmark book by Dr. Hjortur Bragi Sverrisson, the Head of Legal Affairs at EEA Grants, a development fund within the European Free Trade Association (EFTA), examines the law of countermeasures in the context of violations of international legal environmental obligations of states. It reviews the source of authority of states, namely, sovereignty, its interaction with the notion of international law, and the limitation of the latter. An in-depth review of the doctrine of countermeasures follows, by presenting, contrasting, and critically analyzing the views of the classical masters, as well as contemporary authors and other authoritative sources. The book puts the theories into context by presenting seven cases of states use, or threat of use, of unilateral remedies to protect environmental interests. One must remember that frustration, domestic politics, sovereign identity, and the need to show resolve not only are all a recipe for unlawful countermeasures, but also are often the underlying cause for such measures. Therefore, the environment for a solid and politically detached legal analysis regarding the flora of permissible measures might not be the most favorable. However, the decision to take countermeasures cannot be a spontaneous one; it has to be meticulously analyzed, and proper steps have to be taken before such measures are used. Only then can the countermeasures doctrine form the basis for a legal and legitimate unilateral enforcement of international law. By shedding a light on this labyrinth, this book provides guidance for scholars and students, private actors, and policy makers, as well as legal advisers to governments.
This book exposes the barriers to inclusive and effective public policy making, which are the current decision making paradigm and commonly held ideas that reduce public policy problems to scientific and technical ones. Through both environmental policy and other decision making examples, readers are shown the commonalities of all decision making. Solution-oriented practitioners and stakeholders will find this book filling a conceptual and methodological gap in existing policy literature and practice. The authors deftly guide readers from post-normal science, wicked problems, and uncertainty concepts to a conceptually-grounded, practical implementation of a new approach, the open solution approach. The Multi-criteria Integrated Resource Assessment (MIRA) is described as the first generation methodology that fulfills the expectations for the inclusive, transparent, and learning-based open solutions approach. MIRA is a holistic package of concepts, methods and analytical tools that is designed to assess Decision Uncertainty, the combined uncertainties that include data, problem formulation, expert judgments, and stakeholder opinions. Introduction of the Requisite Steps, the common steps found in all decision making, provides the yardstick for evaluating a variety of decision making processes, decision tools, and commonly found indices such as the Dow Jones Industrial Average or the Newsweek Green Ranking of corporations. The use of anecdotes, policy stories, and case examples makes this a very readable and practical book for citizens and experts. With this book, readers are prepared to critically evaluate these common indices for their personal use as well as challenge policy processes as a stakeholder. For policy practitioners, this guidebook will become a rubric to ensure an effective public policy making process and to critically evaluate decision support tools.
Most Americans had never heard of the Arctic National Wildlife Refuge (ANWR) before the summer of 2008 when gas prices exceeded $4.00 per gallon. At that time, a national cry rang out for relief at the pumps and for increased energy security to prevent such a painful recurrence. ANWR suddenly became a highly contentious issue in the energy debates raging in Congress, eventually spilling over into the presidential campaigns throughout the fall. It was front page news as Congressional delegations and media outlets made the obligatory pilgrimage to Anchorage and points beyond in a half-hearted effort to find truth amid the mounting hype. Yet what was learned from all this activity? What do any of us really know about ANWR that wasn't gleaned from a thirty-second news bite? The sad truth is that most Americans had never seen, and never will see, this remote, majestic corner of northern Alaska. Regrettably, there is no manual with respect to comprehending the issues surrounding ANWR. Current sources run a somewhat limited spectrum from addressing narrow topics in total isolation, to being only mildly informative. More importantly, the information, whether it is derived from energy advocates, environmental organizations, or political analysts, tends to harbor an innate bias. This book is a good faith effort to inform, without bias.
Science and politics are closely connected in today's global environmental issues. This book focuses on these links in relation to climate change, the threats to wildlife species, and natural hazards and disasters. Close study of these links of these reveals the need for more effective international cooperation and the limits of global governance.
The debate on the future orientation of the EU Common Agricultural Policy (CAP) is increasingly shaped by the role of agriculture in providing public goods, and there is a broad consensus that this approach will be particularly relevant in legitimating the policy intervention in agriculture in the future. In the context of this debate, it is not clear to what extent collective action could be taken into consideration as a valuable alternative to market or state regulation in contributing to the provision of public goods, and to what extent it is possible to design and implement agricultural policies that incorporate a collective and collaborative approach between different stakeholders in rural areas. Through an in depth analysis two case studies in Italy, the book provides insights to both the policy and the theoretical debate on the role of collective action for the public goods associated to agriculture. "
--The first edition is an essential reading for planning students as it is the only text available that focuses on planning law and practice in Northern Ireland. --Updated to address consequences of BREXIT, the impact of COVID-19 on planning procedures, and the emergence of Local Development Plans within the new 2-tier planning system of Northern Ireland
This book introduces readers to the press release work carried out by China's Ministry of Environmental Protection in 2017. The routine press release work in 2017 was first launched by the Ministry of Environmental Protection (MEP). In 2017, 12 directors of the MEP and three directors of the Environmental Protection Department of the Beijing-Tianjin-Hebei Tribune came together to answer citizens' questions on key social issues such as Environmental Quality Monitoring, Prevention of Air Pollution, Ecosystem Protection, Water Pollution Prevention, Environmental Supervision, Legal Enforcement etc. This book will provide readers with an overview of China's environmental protection policy initiatives, help raise public awareness of the environment, and lay the foundation for all citizens to participate in environmental governance.
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
This book offers an extensive study of indigenous communities in the Andaman and Nicobar Islands, India, and their methods of forest conservation, along with an exploration of the impact of forestry operations in the islands and the wide scale damage they have incurred on both the land and the people. Through an in-depth analysis of the contrasting indigenous practices and governmental forestry schemes, the author has compared the modern 'Joint Forest Management' resolution with the ethos and practices of the indigenous people of the Andaman and Nicobar Islands. Throughout the book, readers will learn about the different indigenous communities inhabiting these islands and the treasure of knowledge each of them provide on forest conservation. The book establishes that the notion of knowledge is politicized by the dominant culture in the context of Andaman's forest tribes, and traces how this denial of the existence of indigenous knowledge by government officials has led to reduced forest area in the region. The book also explores and analyses strategies to utilize and conserve the tribes' profound knowledge of the biodiversity of the islands and study their efforts towards forest conservation, protection and rejuvenation.
Traditional means of international dispute settlement have proved to be largely ineffective in ensuring the effectiveness of international environmental law. Thus, states are increasingly creating regime-specific systems to control, facilitate and assist the implementation of and compliance with each multilateral environmental agreement. By bringing together the perspectives of scholars, negotiators and practitioners, this book provides a comprehensive and in-depth analysis of the most advanced of these systems, the so-called "non-compliance mechanisms", in which a specialized treaty body is entrusted with the task of examining cases of non-compliance by State parties. Included are descriptions of each mechanism and an analysis of cross-cutting issues. It also explains how these systems relate to relevant concepts and mechanisms of general international law and, for the first time, of European Union law. The book is a valuable source of information and recommended reading for academics, practitioners, civil servants, NGOs and all those interested in public international law, EC law and environmental law. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and Professor of International Law at the University of Milan; Laura Pineschi is Professor of International Law at the University of Parma; Attila Tanzi is Professor of International Law at the University of Bologna and Chairperson of the Compliance Committee of the Protocol on Water and Health; Cesare Pitea is Aggregate Professor of International and European Law at the University of Parma; Chiara Ragni is a Senior Researcher in International Law at the University of Milan; and Francesca Romanin Jacur is a Post-doc Researcher in International Law at the University of Milan and Legal Adviser to the Italian Ministry of the Environment, Land and Sea in a project of the University of Siena.
This book investigates the potential need for an international convention on forests and establishes a multifunctional concept of forests as a cornerstone for international forest regulation. Accordingly, it examines a variety of international instruments pertaining directly or indirectly to forests and explores their entangled, fragmented nature. While contending that the lack of consistency in international law impedes the development of a stand-alone international forest convention, at the same time it argues that the lessons learned from fragmentation as well as from the history of forest discourse on the international level open up new options for the regulation of forests in international law, based on (new) concepts of coordination and cooperation.
This book provides a critical examination of contemporary approaches to environmental regulation in the UK and the European Union. It also explores how regulation has evolved in response to a number of factors, including industrial development and improved scientific knowledge, while considering the radical next steps that need to be taken in response to existing challenges. Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK's withdrawl, or 'Brexit', from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context. |
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