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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book critically examines both theory and practice around conservation crimes. It engages with the full complexity of environmental crimes and different responses to them, including: poaching, conservation as a response to wildlife crime, forest degradation, environmental activism, and the application of scientific and situational crime prevention techniques as preventative tools to deal with green crime. Through the contributions of experts from both the social and ecological sciences, the book deals with theoretical and practical considerations that impact on the effectiveness of contemporary environmental criminal justice. It discusses the social construction of green crimes and the varied ways in which poaching and other conservation crimes are perceived, operate and are ideologically driven, as well as practical issues in environmental criminal justice. With contributions based in varied ideological perspectives and drawn from a range of academic disciplines, this volume provides a platform for scholars to debate new ideas about environmental law enforcement, policy, and crime prevention, detection and punishment.
This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Sustainable development is the most important challenge facing humanity in the 21st century. The global economic growth in the recent past has indeed exhibited marked progress in many countries. Nevertheless, the issues of income disparity, poverty, gender gaps, and malnutrition are not uncommon in the global landscape, in spite of the upward growth of the economy and technological advances. This grim picture is further exacerbated by our growing human population, unmindful resource use, ever-increasing consumption trends, and changing climate. In order to protect humanity and preserve the planet, the United Nations issued the "2030 agenda for sustainable development," which includes but is not limited to sustainable production and consumption practices, e.g. in a sustainable bioeconomy. The hallmark of the sustainable bioeconomy is a paradigm shift from a fossil-fuel-based economy to a biological-based one, which is driven by the virtues of sustainability, efficient utilization of resources, and "circular economy." As the sustainable bioeconomy is based on the efficient utilization of biological resources and societal transformations, it holds the immense potential to achieve the UN's Sustainable Development Goals. This book shares valuable insights into the linkages between the sustainable bioeconomy and Sustainable Development Goals, making it an essential read for policymakers, researchers and students of environmental studies.
If your organization is subject to the thousands of federal, state, and local environmental laws and regulations in effect in the U.S. today, the Environmental Compliance Handbook should be within easy reach. Thousands of professionals have benefited from the bestselling first edition. The Second Edition builds on that foundation and goes further to provide you with the latest, most up-to-date information available. It simplifies the complex world of environmental law and compliance and describes, in everyday language, the major federal laws and regulations as well as the critical state requirements appended to them.
Any reader eager to gain a comprehensive insight into forest development policy, praxis and reality shouldn't miss this excellent publication. Hard to find a comparable reading where the author is digging as deep into Forest Development Policy. The author discovered numerous highly relevant theories as well as inspiring cases about forests and people from around the world, focusing on 'change' rather than 'development' and on the role of various actors in creating or preventing 'change'. The exciting results uncover reality and lead to inspiring discussions on concepts of development cooperation. All individual theoretical arguments and empirical proofs are well based and shed light into the political process of Forest Development Policy. The book is an essential contribution to scholarly debate and research on forestry in the South, and its relations to development cooperation, for both, readers with theoretical and practice related interests.
This book features a series of essays on environmental law and policy in Africa from experts within and outside the region. It primarily aims to demonstrate how African countries are responding to their international environmental obligations contained in instruments, such as the Convention on Biological Diversity, Framework Convention on Climate Change and the Desertification Convention, in light of local environmental problems. The book covers national experiences ranging from the input in multilateral negotiations to national implementation, with some attention given to the wide assortment of policy and regulatory instruments used to achieve the optimum balance between exploitation of natural resources and conserving the continent's environment. This book is a welcome contribution to the scholarship on the implementation of international environmental law and policy at the regional level. Increasing attempts by African countries to meet their international commitments while achieving national economic development objectives helps inform the student, project manager, parliamentarian or national regulator, about practical and empirical ways to achieve sustainable development outcomes. As African economies develop, there should be parallel enactments of new environmental laws and regulations. Further study of these processes is needed in order to determine where capacity deficits exist and where positive lessons can be learned. This book supplements the development of new and exciting research on African environmental law and policy.
This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change. The book is structured around three main topics: the rationale, the tax design and the legal framework of environmental border tax adjustments. This three-fold analysis gives an overview of the legal issues that should be considered before the adoption of environmental border taxes, including carbon tax adjustments. Alice Pirlot's critical approach to the arguments surrounding traditional and environmental border tax adjustments allows for detailed legal analysis going beyond the question of their compatibility with WTO law, while also reviewing the economic argument. This book will prove to be essential reading for legal scholars and professionals alike, as well as benefitting environmental NGOs, stakeholders in energy-intensive industries and policymakers looking for in-depth insight into environmental border tax adjustments.
This book explores the idea that daily lived experiences of climate change are a crucial missing link in our knowledge that contrasts with scientific understandings of this global problem. It argues that both kinds of knowledge are limiting: the sciences by their disciplines and lived experiences by the boundaries of everyday lives. Therefore each group needs to engage the other in order to enrich and expand understanding of climate change and what to do about it. Complemented by a rich collection of examples and case studies, this book proposes a novel way of generating and analysing knowledge about climate change and how it may be used. The reader is introduced to new insights where the book: * Provides a framework that explains the variety of simultaneous, co-existing and often contradictory perspectives on climate change. * Reclaims everyday experiential knowledge as crucial for meeting global challenges such as climate change. * Overcomes the science-citizen dichotomy and leads to new ways of examining public engagement with science. Scientists are also human beings with lived experiences that filter their scientific findings into knowledge and actions. * Develops a 'public action theory of knowledge' as a tool for exploring how decisions on climate policy and intervention are reached and enacted. While scientists (physical and social) seek to explain climate change and its impacts, millions of people throughout the world experience it personally in their daily lives. The experience might be bad, as during extreme weather, engender hostility when governments attempt mitigation, and sometimes it is benign. This book seeks to understand the complex, often contradictory knowledge dynamics that inform the climate change debate, and is written clearly for a broad audience including lecturers, students, practitioners and activists, indeed anyone who wishes to gain further insight into this far-reaching issue.
The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English laws focus on process and judgment on individual questions.
This text is about both European Community law and Dutch environmental law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the EC law doctrine of indirect effect, which is of practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. This book makes a developed body of case law accessible to non-Dutch lawyers.
This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.
Professor Max Krott, Director of the Institute of Forest Policy and Nature Conservation at the University of Gottingen, Germany, introduces the most important political players and stakeholders, including the forest owners, the general population, forest workers and employees, forest associations and administration, as well as the media. He illustrates the political and regulatory instruments using examples in current forest policy. 'Forest Policy Analysis' places a special emphasis on the informal processes that are indispensable in understanding practical politics. References made to current English and German-language publications on forest policy studies enable further information to be found with concern to special issues."
This book explores the regulation of pesticides in the European Union in order to reveal the complex, controversial, and contested nature of an assessment system proudly declared by the EU to be 'the strictest in the world'. The current regulatory framework is based on Regulation 1107/2009, which substantially reformed the previous system. The analysis describes the new criteria and procedures for the authorization of active substances to be used in the production of pesticides, traces the lengthy policy formulation process, and identifies factors that made policy change possible. Further, the book illustrates the current controversies that characterise the implementation of Regulation 1107/2009: the ban of pesticides harmful to pollinators, the renewal of the authorization of glyphosate, and the definition of criteria for the assessment of endocrine disruption. The author provides information on policy outcomes and highlights persisting shortcomings in the enforcement of EU regulation. This book will appeal to students and scholars from a variety of disciplines, including political science, political sociology, and public policy.
The book adopts an innovative analytical approach to agenda setting by not only presenting successful cases in which energy issues were addressed by means of public policy, but by also analyzing failed attempts to make issues part of the European policy agenda. Another outstanding feature of the book is its use of the latest empirical data on a broad range of energy issues. When are energy issues likely to find their way to the agenda of European policymakers? This is the key research question guiding this collection of empirical studies, which will shed light on both successful and unsuccessful attempts to include energy issues in the European agenda. The multi-level political system of the European Union represents a particularly fruitful setting for addressing this question due to the multiple institutional access points it provides for different groups of actors. The book has three key benefits. First, it provides a theory-informed analysis of agenda setting processes in general and in the European Union in particular. Second, it presents an overview of the most important and emerging dimensions on European energy policy, and third, it helps to develop a research agenda for future research in the field.
It is the publicity about the Pollutant Release Inventory's data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions.
Vertical Markets and Cooperative Hierarchies comprises a selection of sixteen newly written essays that provide clarification to issues pertinent to contemporary cooperatives. Twenty three internationally recognized scholars of agricultural cooperatives, from a variety of disciplines such as industrial organization, finance, sociology, networks, and political theory, contributed theoretical work and empirical observations from different countries. The book is divided into five Parts: I. Cooperatives: between markets and hierarchies; II. Governance; III. Internal organizational issues; IV. Conduct of cooperatives; and V. Cooperative performance.
We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
The present book shares critical perspectives on the conceptualization, implementation, discourses, policies, and alternative practices of environmental education (EE) for diverse and unique groups of learners in a variety of international educational settings. Each contribution offers insights on the authors' own processes of re-imagining an education in/about/for the environment that are realized through their teaching, research and other ways of "doing" EE. Overall, environmental education has been aimed at giving people a wider appreciation of the diversity of cultural and environmental systems around them as well as the urge to overcome existing problems. In this context, universities, schools, and community-based organizations struggle to promote sustainable environmental education practices geared toward the development of ecologically literate citizens in light of surmountable challenges of hyperconsumerism, environmental depletion and socioeconomic inequality. The extent that individuals within educational systems are expected to effectively respond to-as well as benefit from-a "greener" and more just world becomes paramount with the vision and analysis of different successes and challenges embodied by EE efforts worldwide. This book fosters conversations amongst researchers, teacher educators, schoolteachers, and community leaders in order to promote new international collaborations around current and potential forms of environmental education. This book reflects many successful international projects and perspectives on the theory and praxis of environmental education. An eclectic mix of international scholars challenge environmental educators to engage issues of reconciliation of correspondences and difference across regions. In their own ways, authors stimulate critical conversations that seem pivotal for necessary re-imaginings of research and pedagogy across the grain of cultural and ecological realities, systematic barriers and reconceptualizations of environmental education. The book is most encouraging in that it works to expand the creative commons for progress in teaching, researching and doing environmental education in desperate times. - Paul Hart, Professor of Science and Environmental Education at the University of Regina (Canada), Melanson Award for outstanding contributions to environmental and outdoor education (Saskatchewan Outdoor and Environmental Education Association) and North American Association for Environmental Education (NAAEE)'s Jeske Award for Leadership and Service to the Field of EE and Outstanding Contributions to Research in EE. In an attempt to overcome simplistic and fragmented views of doing Environmental Education in both formal and informal settings, the collected authors from several countries/continents present a wealth of cultural, social, political, artistic, pedagogical, and ethical perspectives that enrich our vision on the theoretical and practical foundations of the field. A remarkable book that I suggest all environmental educators, teacher educators, policy and curricular writers read and present to their students in order to foster dialogue around innovative ways of experiencing an education about/in/for the environment. - Rute Monteiro, Professor of Science Education, Universidade do Algarve/ University of Algarve (Portugal).
The eighth edition of the New Jersey Environmental Law Handbook has been thoroughly rewritten and updated. Each chapter incorporates both a theoretical and practical approach to ensure that you get the best and most actionable information possible. The authors are all respected attorneys, consultants, and professionals, and all experts in their fields. They come together in this book to provide the most in-depth and up-to-date guide for New Jersey's environmental regulations and policies, all while maintaining an accessible and engaging writing style. This new edition reworks the State Environmental Law Handbook Series from the ground up, beginning with an overview of the environmental law program in New Jersey, and moving on from there to discuss a variety of issues, such as contaminated property, finance and insurance, litigation, enforcement, and protected lands. Separate chapters treat air and water quality in depth, and further chapters treat hazardous waste, nuclear energy, health and safety, wildlife protection, and sustainability. This book has been completely rewritten to provide a useful and comprehensive reference work that you can rely on for up-to-date and accurate information on New Jersey's environmental laws.
This book is the result of project elaborated in cooperation between the IMPEL working group on criminal prosecution and METRO, with the goal of providing an insight into the systems and methods of criminal prosecution in environmental cases in practice. This book therefore provides an overview of criminal prosecution practice in environmental cases in Austria, Belgium, Denmark, Finland, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom. It is based on the results of a comprehensive questionnaire that was answered by various experts in country reports. In addition, the book contains a detailed summary and comparison of the country reports. This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided. Both in the comparative overview and in the analysis, crucial issues with respect to the enforcement of environmental law are discussed, such as the criminal liability of corporations for environmental offences, the role of enforcing bodies and individuals in connection with environmental offences, the possibility of administrative or criminal penalties, the existence of instruments which prohibit individuals from carrying out similar activities, and the criminal liability for environmental offences by public servants and public authorities. Special attention is also given to transfrontier pollution incidents. In their concluding remarks, the editors of the book address the trend towards corporate criminal liability, discuss the difference between administrative and criminal enforcement of environmental law and also pay attention to current moves to achieve a European environmental criminal law.
This book explores the relevance of Japanese ethics for the field of ethics of technology. It covers the theories of Japanese ethicists such as Nishida Kitaro, Watsuji Tetsuro, Imamichi Tomonobu, Yuasa Yasuo, as well as more contemporary ethicists, and explores their relevance for the analysis of energy technologies, ICT, robots, and geoengineering. It features contributions from Japanese scholars, and international scholars who have applied Japanese ethics to problems in the global condition. Technological development is considered to cause new ethical issues, such as genetically modified organisms fostering monocultures, nanotechnologies causing issues of privacy, as well as health and environmental issues, robotics raising issues about the meaning of humanity, and the risks of nuclear power, as witnessed in the Fukushima disaster. At the same time, technology embodies a hope for mankind, such as ICT improving relationships between human beings and nature, and smart systems assisting humans in leading a more ethical and environmentally friendly life. This book explores these ethical issues and their impact from a Japanese perspective.
In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns. |
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