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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.
There are thousands of substances manufactured in the United States to which the public is routinely exposed and for which toxicity data are limited or absent. Some insist that uncertainty about the severity of potential harm justifies implementing precautionary regulations, while others claim that uncertainty justifies the absence of regulations until sufficient evidence confirms a strong probability of severe harm. In this book, Levente Szentkiralyi overcomes this impasse in his defense of precautionary environmental risk regulation by shifting the focus from how to manage uncertainty to what it is we owe each other morally. He argues that actions that create uncertain threats wrongfully gamble with the welfare of those who are exposed and neglect the reciprocity that our equal moral standing demands. If we take the moral equality and rights of others seriously, we have a duty to exercise due care to strive to prevent putting them in possible harm's way. The Ethics of Precaution will be of great interest to researchers, educators, advanced students, and practitioners working in the fields of environmental political theory, ethics of risk, and environmental policy.
In the context of increasing division and segregation in cities across the world, along with pressing concerns around austerity, environmental degradation, homelessness, violence, and refugees, this book pursues a multidisciplinary approach to spatial justice in the city. Spatial justice has been central to urban theorists in various ways. Intimately connected to social justice, it is a term implicated in relations of power which concern the spatial distribution of resources, rights and materials. Arguably there can be no notion of social justice that is not spatial. Philippopoulos-Mihalopoulos has argued that spatial justice is the struggle of various bodies - human, natural, non-organic, technological - to occupy a certain space at a certain time. As such, urban planning and policy interventions are always, to some extent at least, about spatial justice. And, as cities become ever more unequal, it is crucial that urbanists address questions of spatial justice in the city. To this end, this book considers these questions from a range of disciplinary perspectives. Crossing law, sociology, history, cultural studies, and geography, the book's overarching concern with how to think spatial justice in the city brings a fresh perspective to issues that have concerned urbanists for several decades. The inclusion of empirical work in London brings the political, social, and cultural aspects of spatial justice to life. The book will be of interest to academics and students in the field of urban studies, sociology, geography, planning, space law, and cultural studies.
Most up to date multi-national look at this complex and increasingly significant area of land and property law Chapters covering: UK, Australia, USA, Canada, China, Spain, Brazil, The Netherlands and Singapore
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China's pollution problems. By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China's environmental protection and efficiently tackle pollution. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
This book assesses the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), examining both implementation and compliance. Humans are causing a biodiversity crisis, where 1 million species are facing extinction. Species are dying, in no small part, because they are overexploited, poached and trafficked and CITES is the main international instrument designed to protect traded wildlife. Does the state of the world's species mean CITES is failing? This book explores the implementation of and compliance with CITES by all 183 member countries. It is imperative we know the nature and extent of the implementation of and compliance with CITES legislation in all parties to fully understand the impact of legal and illegal trade on species survival. Through extensive legislative content analysis, a Delphi iterative survey, and semi-structured interviews, this is the first book to share empirical research about CITES implementation and compliance. This book contains a comprehensive analysis of the state of CITES, what is done well, what could be done better, and what the future might bring to try to curtail the slide of the world's wildlife into extinction. By identifying lessons learned in relation to CITES legislation, implementation and compliance this book provides hard evidence to member countries as to how their own practice can be improved. This timely book will be essential reading for students and academics interested in wildlife law, trade and trafficking, green criminology and biodiversity conservation more broadly. It will also be of interest to professionals working in wildlife law enforcement.
The term "total petroleum hydrocarbons" (TPHs) is used for any mixture of several hundred hydrocarbons found in crude oil, and they represent the sum of volatile petroleum hydrocarbons and extractable petroleum hydrocarbons. The petrol-range organics include hydrocarbons from C6 to C10, while diesel-range organics are C10-C28 hydrocarbons. Environmental pollution by petroleum hydrocarbons is one of the major global concerns, particularly in oil-yielding countries. In fact, there are more than five million potentially contaminated areas worldwide that represent, in general, a lost economic opportunity and a threat to the health and well-being of humans and the environment. Petroleum-contaminated sites constitute almost one-third of the total sites polluted with chemicals around the globe. The land contamination caused by industrialization was recognized as early as the 1960s, but less than a tenth of potentially contaminated lands have been remediated due to the nature of the contamination, cost, technical impracticability, and insufficient land legislation and enforcement. This book is the first single source that provides comprehensive information on the different aspects of TPHs, such as sources and range of products, methods of analysis, fate and bioavailability, ecological implications including impact on human health, potential approaches for bioremediation such as risk-based remediation, and regulatory assessment procedures for TPH-contaminated sites. As such, it is a valuable resource for researchers, graduate students, technicians in the oil industry and remediation practitioners, as well as policy makers.
This book examines the nature of hazardous substances and the law governing them, including international conventions, relevant directives and Indian legislation from the pre-independence period to the present. It focuses on legislations passed in the area of hazardous substances, highlighting the background relevant to the continued growth of international environmental law across the globe. It reviews existing strategies available in developing countries and the lack of a systematic approach in administering hazardous substances management programs. The author unfolds the dynamics of hazardous substances, the trade of such substances, transboundary movements and their restrictions through rigorous analyses and evaluation of cases. The book explores the question of liability in hazardous substance litigation, offers an understanding of several judicial decisions in the context, and suggests measures to control and manage the problem of hazardous substances. Authoritative, lucid and comprehensive, this book will be useful to students, researchers and policymakers working on environment, law, international environmental law and development studies, as well as to legal professionals, judicial officers and NGOs.
The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterises the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature.
Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone's influential 1972 article "Should Trees Have Standing?," the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy.
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 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.
The fourth edition of Housing Policy in the United States refreshes its classic, foundational coverage of the field with new data, analysis, and comparative focus. This landmark volume offers a broad overview that synthesizes a wide range of material to highlight the significant problems, concepts, programs and debates that all defi ne the aims, challenges, and milestones within and involving housing policy. Expanded discussion in this edition centers on state and local activity to produce and preserve affordable housing, the impact and the implications of reduced fi nancial incentives for homeowners. Other features of this new edition include: * Analysis of the impact of the Tax Cuts and Jobs Act of 2017 on housing- related tax expenditures; * Review of the state of fair housing programs in the wake of the Trump Administration's rollback of several key programs and policies; * Cross- examination of U.S. housing policy and conditions in an international context. Featuring the latest available data on housing patterns and conditions, this is an excellent companion for graduate and advanced undergraduate courses in urban studies, urban planning, sociology and social policy, and housing policy.
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.
Winner, American Sociological Association Section on Environment and Technology Allan Schnaiberg Outstanding Publication Award The world currently faces several severe social and environmental crises, including economic under-development, widespread poverty and hunger, lack of safe drinking water for one-sixth of the world's population, deforestation, rapidly increasing levels of pollution and waste, dramatic declines in soil fertility and biodiversity, and global warming. Inequality, Democracy, and the Environment sheds light on the structural causes of these and other social and environmental crises, highlighting in particular the key role that elite-controlled organizations, institutions, and networks play in creating these crises. Liam Downey focuses on four topics-globalization, agriculture, mining, and U.S. energy and military policy-to show how organizational and institutional inequality and elite-controlled organizational networks produce environmental degradation and social harm. He focuses on key institutions like the World Bank, the International Monetary Fund, the U.S. Military and the World Trade Organization to show how specific policies are conceived and enacted in order to further elite goals. Ultimately, Downey lays out a path for environmental social scientists and environmentalists to better understand and help solve the world's myriad social and environmental crises. Inequality, Democracy and the Environment presents a passionate expose of the true role inequality, undemocratic institutions and organizational power play in harming people and the environment.
REACH and the Environmental Regulation of Nanotechnology presents a thorough and comprehensive legal analysis on the status of nanoscale chemicals under the EU's REACH (Registration, Evaluation, Authorisation, and Restriction) regulation, asking whether it effectively safeguards human health and environmental protection. This book examines the European Commission's claim that REACH offers the best possible framework for the risk management of nanomaterials. Through a detailed and meticulous analysis of the four phases of REACH, Kuraj assesses the capacity of the Regulation to protect human health and the environment against the potential harms associated with exposure to nanomaterials, and draws attention to the ways in which the specificities of nanoscale chemicals are (not) tackled by the current REACH framework. Overall, this book is an innovative and timely contribution to the ongoing debate on how to best address the unprecedented risks posed by the growing pursuit of nanotechnological innovation by the EU and global policy agenda. REACH and the Environmental Regulation of Nanotechnology will be of great interest to advanced students and scholars of environmental law and policy, environmental governance, science and technology studies, and environment and health.
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.
Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting 'transnational law' as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.
This book examines global environmental governance and how legal, institutional, and conceptual reform can facilitate a transformation to a new 'natural-systems' form of agriculture. Profound global climate disruption makes it essential that we replace our current agricultural system - described in this book as a fossil-carbon-dependent 'modern extractive agriculture' - with a natural-systems agriculture featuring perennial grains growing in polycultures, thereby mimicking the natural grassland and forest ecosystems that modern extractive agriculture has largely destroyed. After examining relevant international legal and conceptual foundations (sovereignty, federalism, global governance) and existing international organizations focusing on agriculture, the book explores legal and institutional opportunities to facilitate dramatic agricultural reform and ecological restoration. Among other things, it explains how innovative federalism structures around the world provide patterns for reorienting global environmental governance, including what the book calls eco-states that would, through exercise of pluralistic sovereignty, be responsible for agroecological management. Drawing from his experience working in international institutions, the author provides detailed global-governance proposals for facilitating the type of agricultural reform that can help avoid ecological collapse, especially through soil degradation and climate change. This book will be of great interest to students and scholars of international law, agroecology, climate change, ecological restoration, sustainable development, and global governance, as well as policy-makers and practitioners working in these fields.
With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law's empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development. |
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