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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book examines the politics of harm in the context of palm oil production in Colombia, with a primary focus on the Pacific coast region. Globally, the palm oil industry is associated with practices that fit the most conventional definitions and perceptions of crime, but also crucially, forms of social and environmental harm that do not fit strictly legalistic definitions and understandings of crime. Drawing on rich field-based data from the region, Mol contributes empirically to an awareness of the constructions, practices, and the lived and perceived realities of harm related to palm oil production. She advances criminological debate around 'harm' by putting forward a theoretical and analytical approach that redirects the debate from a central concern with the academic contestedness of harm within criminology, towards a focus on the 'on-the-ground' contestedness of palm oil-related harm in Colombia. Detailed analysis and arresting conclusions ensure this book will be of great interest to students and scholars in the fields of Green and Critical Criminology, Environmental Sociology, and International and Critical Development Studies.
This book presents an in-depth analysis of how UN Human Rights institutions and mechanisms have addressed environmental protection, sustainable development and climate change. Despite the increasing involvement of UN human rights bodies in addressing environmental degradation and climate change, a systematic review of the convergence between human rights and the environment in these bodies has not been carried out. Filing this lacuna, this book surveys the resolutions, general comments, concluding observations, decisions on individual communications and press releases. It identifies principles that have emerged, explores the ways in which human rights Charter-based and treaty-based institutions are interpreting environmental principles and examines how they contribute to the emerging field of human rights and environment. Given the disproportionate effect that polluting activities have on marginalized and vulnerable groups, Atapattu also discusses how these human rights mechanisms have addressed the impact on women, children, indigenous peoples, people with disabilities and racial minorities. Written by a world-renowned expert on human rights and the environment, this book will be of great interest to students and scholars researching and teaching in this important field of study.
This book is about how coast guards are becoming states' foremost tool to manage changes occurring in ocean politics generally, and in the Arctic specifically. It looks at states' rights at sea, changes occurring in the Arctic region, how coast guards are handling issues arising, and how international cooperation can deal with some of the related challenges.
An Introduction to Sustainability provides students with a comprehensive overview of the key concepts and ideas which are encompassed within the growing field of sustainability. The fully updated second edition, including new figures and images, teases out the diverse but intersecting domains of sustainability and emphasises strategies for action. Aimed at those studying the subject for the first time, it is unique in giving students from different disciplinary backgrounds a coherent framework and set of core principles for applying broad sustainability principles within their own personal and professional lives. These include: working to improve equality within and across generations; moving from consumerism to quality of life goals; and respecting diversity in both nature and culture. Areas of emerging importance such as the economics of prosperity and wellbeing stand alongside core topics including: * Energy and society * Consumption and consumerism * Risk and resilience * Waste, water and land. Key challenges and applications are explored through international case studies, and each chapter includes a thematic essay drawing on diverse literature to provide an integrated introduction to fundamental issues. Housed on the Routledge Sustainability Hub, the book's companion website contains a range of features to engage students with the interdisciplinary nature of sustainability. Together these resources provide a wealth of material for learning, teaching and researching the topic of sustainability. This textbook is an essential companion to any sustainability course.
The World Commission on Dams (WCD) report (2000) Dams and Development: A New Framework for Decision-Making set a landmark in the ongoing controversy over large dams. Now that more than ten years have passed, one has to realize that the WCD norms matter. However, their real chance of becoming implemented relies on whether their core values, strategic priorities and guidelines are accepted by national decision-makers and are translated into official policies and practices. The book s major concern is whether the big hydropower states have improved their standards for environment and resettlement, and whether international standards are applied or exist only on paper. The introductory and synthesis chapters present the methodological approach and discuss the findings. Other chapters analyze changes in dam policies in the big hydropower states Brazil, China, India and Turkey; the role of non-governmental organizations in advocating against the Turkish Ilisu Dam project on the Tigris River; the strategies of International Rivers and World Wildlife Fund for Nature in the global hydropower game; the policies of the German government and its positioning in the dam debate, and the engagement of Chinese actors in building the Bui Dam (Ghana) and the Kamchay Dam (Cambodia). "
Canada has over-promised and under-delivered on climate change, setting weak goals and allowing carve-outs, exceptions, and exemptions to undermine its climate policies. Why, in an era when climate change is front of mind for so many people, have we failed to make progress? This question has been the source of heated debate across the political spectrum. In Picking Up the Slack, Andrew Green draws together different perspectives on the challenge facing Canada to offer an accessible account of the ideas and institutions that have impeded climate change action. Picking Up the Slack embraces the complexity of the problem, showing that its sources lie deep in Canada's institutional arrangements - pointing to the role played by federal-provincial power sharing arrangements, the heavy reliance on discretion in Canadian law, the role of the courts, and the impact of social norms. Working from a broad perspective that incorporates the insights of economics, law, political science, and philosophy, Green unpacks the features of Canadian policy making that determine the successes and failures of climate policies. His message is ultimately optimistic: Picking Up the Slack sheds light on how we can bring about meaningful movement towards a fair and positive future.
This book explores how cities are shaped by the lived experiences of inhabitants and examines the ways they develop strategies to cope with daily and unexpected challenges. It argues that migration, livelihood, and public health challenges result from inadequacies in the hard city-urban assets, such as land, infrastructure and housing, and asserts that these challenges and escalating vulnerabilities are best negotiated using the soft city-social capital and community networks. In so doing, the authors criticise a singular knowledge system and argue for a granular, nuanced understanding of cities-of the interrelations between people in places, everyday urbanisms, social relationships, cultural practices and histories. The volume presents perspectives from the Global South and the Global North, and engages with city-specific cases from Africa, India and Europe for a deeper understanding of resilience. Part of the Urban Futures series, it will be of great interest to students and researchers of urban studies, urban planning, urban management, architecture, urban sociology, urban design, ecology, conservation, and urban sustainability. It will also be useful for urbanists, architects, urban sociologists, city and town planners and those interested in a deeper understanding of the contemporary and future city.
This book explores how cities are shaped by the lived experiences of inhabitants and examines the ways they develop strategies to cope with daily and unexpected challenges. It argues that migration, livelihood, and public health challenges result from inadequacies in the hard city-urban assets, such as land, infrastructure and housing, and asserts that these challenges and escalating vulnerabilities are best negotiated using the soft city-social capital and community networks. In so doing, the authors criticise a singular knowledge system and argue for a granular, nuanced understanding of cities-of the interrelations between people in places, everyday urbanisms, social relationships, cultural practices and histories. The volume presents perspectives from the Global South and the Global North, and engages with city-specific cases from Africa, India and Europe for a deeper understanding of resilience. Part of the Urban Futures series, it will be of great interest to students and researchers of urban studies, urban planning, urban management, architecture, urban sociology, urban design, ecology, conservation, and urban sustainability. It will also be useful for urbanists, architects, urban sociologists, city and town planners and those interested in a deeper understanding of the contemporary and future city.
Environmental principles - from the polluter pays and precautionary principles to the principles of integration and sustainability - proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today's legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Just as China is called the world factory for manufactured goods, it is also a world factory for manufactured animal cruelty in a new phenomenon of globalized animal cruelty. Animals in China examines animal protection in China in its legal, social and cultural contexts.
Through a green criminological perspective, Angus Nurse examines the contemporary reality of corporate environmental crime and illegal activities that have become normalized within many major corporations. Arguably this is an inevitable consequence of a corporate culture that prioritizes profits and the smooth operation of market activities over environmental concerns coupled with the increased political power of major corporations that can act almost with impunity and where problems do occur, can literally buy itself out of trouble. These same corporations are broadly perceived as being responsible actors. However, Nurse argues that corporate environmental offending is often deliberate and that corporations understand that they will often be allowed to continue with polluting and non-compliant behavior because the likely enforcement responses are fines and settlements rather than criminal prosecution. Using several case studies, Nurse explores biopiracy and the rights of indigenous peoples, the behavior of oil companies in African states, the regulation of corporate social responsibility and corporate environmental responsibility, an analysis of contemporary environmental legislation and the prosecution of environmental harm, and state-corporate crime and air pollution. Dealing with these problems requires a wider notion of crime and wrongdoing that directly engages with the types of environmental offending that represent a threat to human populations and non-human nature irrespective of whether these are defined as crime by justice systems.
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.
Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law's fundamental role in institutions of value production and valuation. Utilising pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued.
This book contends that modern concerns surrounding the UK State's investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell's initial Postage Act 1657, namely the protection of British 'national security', broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the 'UKUSA' communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 'Intelligence Shock' triggered by publication of Edward Snowden's unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of 'transparent secrecy', now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state's policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location.
Drawing on the Homeric epics, this multidisciplinary work reveals the cultural transformations which need to take place in order to transition from today's modern extractive agricultural system to a sustainable natural-systems agriculture. In order to provide an imaginative foundation on which to build such a cultural transformation, the author draws on the oldest and most pervasive pair of literary works in the Western canon: the Iliad and the Odyssey. He uses themes from those foundational literary works to critique the concept of state sovereignty and to explain how innovative federalism structures around the world already show momentum building toward changes in global environmental governance. The book proposes a dramatic expansion on those innovations, to create eco-states responsible for agroecological management. Drawing from many years of experience in international institutions, the author proposes a system of coordination by which an international agroecology-focused organization would simultaneously (i) avoid the shortcomings of the world's current family of powerful global institutions and (ii) help create and implement a reformed system of local landscape-based agriculture wholly consistent with ecological principles. Acknowledging the difficulty of achieving reforms such as these, the author suggests that a new cultural-conceptual narrative can be constructed drawing on values set forth 2,700 years ago in the Homeric epics. He explains how these values can be reimagined to drive forward our efforts in addressing today's the climate and agricultural crises in ways that reflect, not reject, the natural processes and relationships that make the Earth a living planet. This book will be of great interest to students, academics and policymakers addressing issues of agrarian values, environmental and agricultural law, environmental restoration, agroecology, and global institutional reform.
This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.
This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.
This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.
This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula. The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law. The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.
This book presents a range of insights on the relationship between food and law. Over time, religions have multiplied food prohibitions and prescriptions, customs have redistributed land, shared its occupancy in creative ways, or favoured communal property so that everyone could have access to food. In turn, laws have multiplied to facilitate food trade, security, safety, traceability, and also to promote and protect food and wine production, using trademarks and geographical denominations. This volume brings a comparative and interdisciplinary approach to examine some of the most heavily debated issues in the interaction between food, in all forms, and the law. Topics covered include food security, food safety, food quality, intellectual property, and consumer protection. As well as highlighting current issues, the work also points to new challenges in this field. The book will be a valuable resource for researchers and policy-makers working in the area of Food Law and Comparative Law.
This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.
This book explores the methods through which international law and its associated innovative global governance mechanisms can strengthen, foster and scale up the impacts of treaty regimes and international law on the ability to implement global governance mechanisms. Examining these questions through the lens of the Sustainable Development Goals (SDGs), the book looks at environmental, social and economic treaty regimes. It analyses legal methodologies as well as comparative methods of assessing the relationship between the SDGs and treaty regimes and international law. Contradictions exist between international treaty regimes and principles of international law resulting in conflicting implementation of the treaty regimes and of global governance mechanisms. Without determining these areas of contest and highlighting their detrimental impacts, the SDGs and other efforts at global governance cannot maximize their legal and societal benefits. The book concludes by suggesting a path forward for the SDGs and for international treaty regimes that is forged in a solid understanding and application of the advantages of global governance mechanisms, including reflections from the COVID-19 pandemic experience. Addressing the strengths, gaps and weaknesses related to treaty regimes and global governance mechanisms, the book provides readers with a comprehensive understanding of this increasingly important topic. It will be of interest to students, researchers and practitioners with an interest in sustainability and law.
This book argues for a balanced approach to 'greening' the World Trade Organization (WTO) ban on China's export duties without opening the floodgates to protectionism. As a result of the China-Raw Materials and China-Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China's export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely 'export duties plus': export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns. Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources. This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law. |
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