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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.
The philosophy of Hans Jonas was widely influential in the late twentieth century, warning of the potential dangers of technological progress and its negative effect on humanity and nature. Jonas advocated greater moral responsibility and taking this as a starting point, this volume explores current ethical issues within the context of his philosophy. It considers the vital intersection between law and global ethics, covering issues related to technology and ethics, medical ethics, religion and environmental ethics. Examining different aspects of Hans Jonas' philosophy and applying it to contemporary issues, leading international scholars and experts on his work suggest original and promising solutions to topical problems. This collection of articles revives interest in Hans Jonas' ethical reasoning and his notion of responsibility. The book covers a wide range of areas and is useful to those interested in philosophy and theory of law, human rights, ethics, bioethics, environmental law, philosophy and theology as well as political theory and philosophy.
The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments have in fact taken in practice. Environmental Taxation Law: Policy, Contexts and Practice examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind. Although the focus of the book is the UK's pioneering implementation of a web of distinct yet interrelated policy measures, it locates the UK's taxes and instruments not simply in their broader context of market and environmental regulation, but also in the contexts of European and international law.
First published in 1997, this volume responds to the challenges faced in post-Communist Eastern Europe in the privatization and decollectivisation of agriculture. The contributors feature specialists in agriculture, finance, economics and political science. They begin with discussions on the political economy of privatization and a historical overview and continue with thoughts on agricultural decollectivization in twelve countries across Eastern Europe including Albania, the Baltic countries, Bulgaria, Slovakia and Hungary. The project reflects the basic framework of endogenous institutional change and policy analysis, and uses a political economy framework to explain and interpret these agricultural trends.
Why self-regulation? With the advent of such concepts as design for the environment, industrial ecology, and the recognized enlightened self-interest that voluntary compliance brings, it is in any company's best interest to avoid fines, liabilities, and bad publicity. Consumer concern and pressure from the marketplace give a competitive advantage to companies that pursue self-regulatory initiatives such as ISO 14001. Bottom line, voluntary compliance saves your organization time and money. Written by a senior environmental manager at a Fortune 500 company, Industry Self-Regulation and Voluntary Environmental Compliance examines environmental regulation through a review of compliance and enforcement theory. Case studies of four leading programs illustrate the use of self-regulation as a compliance tool. The author highlights industry best practices, identifies the key elements of a successful self-regulation program and focuses on the benefits. Today's political environment has shown that to be successful environmental policy must move to the next level, one in which we take advantage of voluntary self-regulation initiatives and focus on environmental improvement. Industry Self-Regulation and Voluntary Environmental Compliance shows you how to create a voluntary self-regulation program that will result in your organization becoming a star company.
This book provides a critical examination of contemporary approaches to environmental regulation in the UK and the European Union. It also explores how regulation has evolved in response to a number of factors, including industrial development and improved scientific knowledge, while considering the radical next steps that need to be taken in response to existing challenges. Developments in Environmental Regulation draws its focus on the effects of risk-based approaches to the environmental regulation of business and industry, including its impact on sustainable economic growth. The book also considers the challenges and potential opportunities that surround the UK's withdrawl, or 'Brexit', from the European Union. This edited collection has been written by a group of highly experienced regulatory specialists whose insightful perspectives on key areas of environmental regulation are situated at the core of this work. This book will appeal to students and academics, policy-makers and environmental practitioners interested in understanding how environmental policy and regulation is applied and how it can be adapted to its political context.
This volume: * includes on-the-ground studies from India, Pakistan, Bangladesh, and Nepal; * examines the unequal impact of remittances on local economies in South Asia; * factors in how migration as a phenomenon negotiates with gender, environment and even healthcare; * Will be indispensable for scholars and researchers of economics, development studies, migration and diaspora studies, gender studies, labour studies and sociology * will also be useful to policymakers and government institutions working in the area.
This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.
The last twenty years have seen a rapid increase in scholarly activity and publications dedicated to environmental migration and displacement, and the field has now reached a point in terms of profile, complexity, and sheer volume of reporting that a general review and assessment of existing knowledge and future research priorities is warranted. So far, such a product does not exist. The Routledge Handbook of Environmental Displacement and Migration provides a state-of-the-science review of research on how environmental variability and change influence current and future global migration patterns and, in some instances, trigger large-scale population displacements. Drawing together contributions from leading researchers in the field, this compendium will become a go-to guide for established and newly interested scholars, for government and policymaking entities, and for students and their instructors. It explains theoretical, conceptual, and empirical developments that have been made in recent years; describes their origins and connections to broader topics including migration research, development studies, and international public policy and law; and highlights emerging areas where new and/or additional research and reflection are warranted. The structure and the nature of the book allow the reader to quickly find a concise review relevant to conducting research or developing policy on particular topics, and to obtain a broad, reliable survey of what is presently known about the subject.
This volume investigates the impact of energy technology innovations on economic development and presents new areas of research into the financial economics of energy as well as new studies into valuation, electricity pricing and the economic, regulatory and environmental costs of alternative energy sources. Academics and practitioners take a global perspective and present cases from several countries. The book concentrates on three issues: 1) innovation and shocks in energy markets; 2) environment and renewables and 3) fossil fuel regulation. The book will provide a useful resource for anyone with an academic or business interest in energy and value issues. This is the fourth volume in a series on energy organized by the Center for Energy and Value Issues (CEVI). The previous volumes in the series include Financial Aspects in Energy (2011), Energy Economics and Financial Markets (2012) and Perspectives on Energy Risk (2014).
Our current moment is filled with despair about climate crises and the possibility of coming to any kind of agreement that might change the dire outcomes. Shoulder to Shoulder tells the stories of communities in North Western America who learned to talk to each other and to solve the conflicts between stakeholders. Loggers, cattle ranchers, rogue-river keepers, corporate developers, tree huggers, and indigenous peoples from many tribes are just a few of the characters in these stories of hope for our climate. This is a book for anyone wanting to make a difference, anyone looking for camaraderie with others of like mind, anyone believing that democracy requires engaged citizenship, anyone looking for hope. The message throughout is that change can be made with large numbers of caring, involved, thinking, co-operative people, change to protect both democracy and a livable planet.
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new 'river persons,' show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Today's engineering and geoscience student needs to know more than how to design a new or remedial project or facility. Questions of law and ambiguities of terms often occur in contracts for mining, landfills, site reclamation, waste depositories, clean up sites, land leases, operating agreements, joint ventures, and other projects. Work place situations arise where environmental compliance methods are challenged by enforcement agencies. Although the statutes, rules, and regulations may seem to be worded clearly and specifically, there are often questions in application and sometimes varied interpretations. Environmental Law for Engineers and Geoscientists introduces simplified American jurisprudence focusing on the legal system, its courts, terms, phrases, administrative law, and regulation by the agencies that administer environmental law. The book comprehensively covers the "big five" environmental statutes: NEPA, CAA, CWA, CERCLA, and RCRA. With the basic law chapter as a foundation, the book covers the practical applications of environmental law for geo-engineers. It concludes with a chapter on the growing area of expert witnessing and admissible evidence in environmental litigation - an area of law where success or failure increasingly depends on the exacting preparation and presentation of expert scientific evidence. Written by a professional mining and geological engineer and a practicing attorney, Environmental Law for Engineers and Geoscientists prepares students for the numerous environmental regulatory encounters they can expect when dealing with various statutes, laws, regulations, and agency rules that govern, affect, and apply to environmental engineering projects. It provides a working knowledge of how to judge whether or not a project is in compliance with regulations, and how to ensure that it is.
At every stage, environmental policy is the result of the combat of stakeholders interested in, and affected by, the problem being addressed and the range of possible solutions. The combatants include any or all of the following: the federal government, environmental advocacy groups, and business, the media, the scientific community, think tanks, NGOs of every stripe, trade associations and professional organizations, and even state and local governments, each of whom have their own interests in the resulting policy. Environmental Politics: Interest Groups, the Media, and the Making of Policy discusses political battles over the environment from ground level - as they are fought in legislative chambers, the daily newspaper, on television, and, increasingly, on the Internet. The text explores environmental politics as a clash of interests, not ideologies, and environmental policy as a result of the reconciliation of those interests. The author covers not only the conventional aspects of the policymaking process but more recent and less recognized elements and developments such as: Proliferation of legislative riders and monument designations as major environmental strategies Evolving role of the media, from science popularizer to agenda setter Growing influence on both Congress and the public of conservative and libertarian foundations and think tanks Devolution of environmental power from the Federal to state governments Metamorphosis of EPA in a business-driven regulatory revolution Effect of globalization on US environmental policy Newly emerging role of the precautionary principle in marrying science and politics Increasing role of the Internet in promoting populist issues and promoting the decentralization of the environmental power structure No other book covers the politics of the environment the way this one does. Written by an expert with 25 years of experience in environmental policymaking, Environmental Politics: Interest Groups, the Media, and the Making of Policy gives you an insider's view of how policies are forged. By examining these issues through an interest group lens, this book not only accounts for what policies have been adopted but also shows how you can influence policy and effect change.
The International Environmental Standards Handbook provides the necessary historical background to understand the current status of international environmental standards. The practicality of the book is evident in the inclusion of material: copies of available treaties, laws and standards, as well as recommendations for businesses. This book is an important tool for companies that are increasingly impacted by the global market. Today's companies need to know what environmental controls are in effect in various countries and how they impact the ability to compete. Lack of knowledge about - and noncompliance with - international standards results in reduced sales and partnership opportunities as well as liability and possible legal action against the company. This valuable comprehensive desk reference, suitable for the novice and the professional, provides a background in the origin of international environmental concerns and controls; the way in which these concerns manifested themselves in treaties, laws, and standards; how countries differ in current expectation; and, most importantly, the evolving consensus of using a universal quality assurance standard for environmental management. International Environmental Standards Handbook gives a structured method to improve environmental performance. It contains many of the environmental tools and methodologies that environmental managers can use for short-term and long-term business decision making in a global environment.
There is a growing need to support undergraduate educators in the development of environmental management educational materials. Recognizing this need, the National Science Foundation funded a College Faculty Workshop on Environmental Management, that was conducted at Utah State University in July and August 1996. The principle objectives of the seminar were (1) to provide a meaningful course which would generate new ideas and innovative educational approaches in the emerging field of environmental management, and (2) to develop an applications-oriented problem workbook which would support undergraduate faculty involvement in the production of course materials. The result of this effort is Environmental Management: Problems and Solutions, an informative text on the essentials of environmental management. More than 200 structured problems presented in the book are meant to elicit a sound understanding of the basics of environmental monitoring, assessment and control. Detailed solutions to each problem, provided with each chapter, will prove useful to both the student and the instructor. This innovative text is a valuable resource for anyone involved in training of engineers and scientists in the field of environmental engineering.
Analyzing the impact and benefits of nuclear energy on environment, this book examines nuclear treaties in relation to environmental protection, highlights legal framework on non-proliferation and denuclearization, explores treaties on nuclear safety and nuclear security, discusses legal regimes on management of nuclear wastes, assesses the third-party liability regime and discusses the role of IAEA, EURATOM and NEA in regulating nuclear energy. It explores nuclear energy in the context of climate change and sustainable development. This book also examines the international legal framework on notification, assistance and emergency preparedness in the event of nuclear accidents, considers legal aspects of decommissioning of nuclear power plants and main legislative trends on nuclear energy use in selected countries. It also addresses regulatory responses to nuclear energy in the wake of the Fukushima power plant nuclear accident in Japan.
The provision of an adequate means of escape from fire is fundamental to the design of new buildings and to the alteration, change of use or extension of existing buildings. It is essential that means of escape are considered at the earliest stage of a project as mistakes are very expensive to correct later in the design. There is a great deal of legislation on means of escape design and control, but this is scattered throughout a large number of statutes, regulations and guidance documents. Many buildings need to be licensed and/or registered, as well as requiring certification and Building Regulation compliance. This book provides an invaluable reference on the subject for architects, surveyors and building control officers. It: ?identifies the legislation which applies to any particular
building use ?describes the general principles of designing means of escape,
together with a ten step approach for a range of residential and
non-residential buildings ?considers alternative design options based on fire safety
engineering ?outlines fire safety management in premises in use as an aid to employers, who have a statutory duty to undertake fire risk assessments.
In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.
This book provides a practical, functional comparison among various institutions, tools, implementation practices and norms in environmental law across legal cultures. This is a new approach that focuses on the act of comparison, looking at legal practice, from the ground up, including the perspective of citizens. Most literature on comparative environmental law either focuses on a two-way comparison of state jurisdictions or simply juxtaposes environmental features of two or more state jurisdictions without engaging in any analysis of the comparison. However, this book treats legal cultures as the objects of comparison as it provides practical comparisons among various institutions, tools and norms in environmental law. The arrangement and organisation of the material reverses the more traditional presentation of comparative environmental law as a series of countries within which separate descriptions are respectively presented. In this book the reader is presented with environmental legal themes, with examples and case studies drawn from various cultures that are compared in order to help understand the theme. Case studies draw on the authors' experiences in a range of legal cultures, including in Australia, Brazil, China, Chile, Ethiopia, Germany, India, Nigeria, Slovakia, and the USA. The comparative nature of the book allows domestic professionals to develop skills to enable them to understand and advocate broader contexts for clients, and helps students become more aware of specific legal systems while questioning why their own system functions (or does not function) as it does. The book is aimed at advanced undergraduate and postgraduate students of environmental law as well as researchers and practitioners.
There isn't one conversation about animal ethics. Instead, there are several important ones that are scattered across many disciplines.This volume both surveys the field of animal ethics and draws professional philosophers, graduate students, and undergraduates more deeply into the discussions that are happening outside of philosophy departments. To that end, the volume contains more nonphilosophers than philosophers, explicitly inviting scholars from other fields-such as animal science, ecology, economics, psychology, law, environmental science, and applied biology, among others-to bring their own disciplinary resources to bear on matters that affect animals. The Routledge Handbook of Animal Ethics is composed of 44 chapters, all appearing in print here for the first time, and organized into the following six sections: I. Thinking About Animals II. Animal Agriculture and Hunting III. Animal Research and Genetic Engineering IV. Companion Animals V. Wild Animals: Conservation, Management, and Ethics VI. Animal Activism The chapters are brief, and they have been written in a way that is accessible to serious undergraduate students, regardless of their field of study. The volume covers everything from animal cognition to the state of current fisheries, from genetic modification to intersection animal activism. It is a resource designed for anyone interested in the moral issues that emerge from human interactions with animals.
This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields - environmental justice, international environmental law and international maritime law - this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization's role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.
Sustainability and the Rights of Nature: An Introduction is a much-needed guide that addresses the exciting and significant paradigm shift to the Rights of Nature, as it is occurring both in the United States and internationally in the fields of environmental law and environmental sustainability. This shift advocates building a relationship of integrity and reciprocity with the planet by placing Nature in the forefront of our rights-based legal systems. The authors discuss means of achieving this by laying out Nature's Laws of Reciprocity and providing a roadmap of the strategies and directions needed to create a Rights of Nature-oriented legal system that will shape and maintain human activities in an environmentally sustainable manner. This work is enriched with an array of unique and relevant points of reference such as the feudal notions of obligation, principles of traditional indigenous cultivation, the Pope Francis Encyclical on the environment, and the new Rights of Nature-based legal systems of Ecuador and Bolivia that can serve as prototypes for the United States and other countries around the world to help ensure a future of environmental sustainability for all living systems.
Public misperception of radiological risk consistently directs limited resources toward managing minimal or even phantom risks at great cost to government and industry with no measurable benefit to overall public health. The public's inability to comprehend small theoretical risks arrived at through inherently uncertain formulae, coupled with an irrational push to eliminate all risk with no contextual understanding of overall benefit, results in a forfeiture of valuable advances in technology in favor of an illusion of safety. Radiation Risks in Perspective uses general concepts underlying radiological risk as a model to illuminate the fundamental problems in public perception, reaction, and policy when faced with possible health risks. Presenting three distinct themes, the author summarizes the causes for the failure of the current system and proposes methods for correction. Beginning with a discussion of the methods used to measure threat, the author weighs the nebulous assessment of risk with the use of a quantifiable assessment of hazardous dose, which uses actual numbers that the public can readily understand and that decision makers can confidently use to enact policy and measure success. Secondly, the author addresses the contextual balancing of cost versus benefit when prioritizing expenditure, specifically emphasizing that it is inappropriate to analyze and discuss individual risks without regard to the presence of other risks. Finally, the author analyzes the public's tendency to push toward zero risk tolerance, an extremist approach that leads to unreasonable restrictions on technologies, excessive regulatory compliance costs, and the ultimate loss of goods and services. With detailed explanations and illustrative case studies, Radiation Risks in Perspective offers scientists, lawyers, engineers, policy makers, and public health professionals, the skills they need for a rational evaluation of risk.
This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property. |
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