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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called 'adaptive management' on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the 'normative' is created gradually before law begins to examine the 'facts' of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator's approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.
Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
1. Guides facility engineers and managers with a clear and logical exposition of topics, developments, and valuable regulatory frameworks for appropriate preparation and compliance. 2. Provides detailed explanations of procedures for emission reduction and improved efficiency and productivity. 3. Emphasizes the importance of continuing education in compliance to prevent high penalties for facilities. 4. Includes real-life applications and case studies on reducing energy baseline and current operating methods, providing formulas and calculations. 5. Addresses regulatory knowledge for operating systems in cities with a dense population in the US and countries with similar regulatory frameworks.
This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.
`Climate Change Liability provides an illuminating comparative perspective on the role of the courts in this critical area. The book probes a critical yet constructive analysis of theories of tort liability. Beyond tort law, the book insightfully explores alternative forms of litigation, such as actions in the ECHR to remedy inadequate adaptation measures and public law actions to force governments to adopt mitigation measures.' - Daniel Farber, University of California, US `As climate change negotiations slow down despite the growing scientific evidence, there is room for a new approach to the problem - climate liability. This thoroughly researched timely book discusses the different aspects of liability and will hopefully push governments to take action!' - Joyeeta Gupta, Vrije Universiteit Amsterdam, the Netherlands `Since the 2009 Copenhagen Climate Change conference, international efforts to stop global warming are in disarray, making the need for innovative approaches all the more urgent. This book explores the utility of litigation as an alternative to conventional measures in the battle against climate change. While acknowledging the difficulties that attempting to impose liability can pose, it suggests and assesses solutions to meet these challenges, thus paving the way for taking the fight against global warming to the court room.' - Rene Lefeber, University of Amsterdam, the Netherlands This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate change litigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs is discussed, but also the need for prevention in order to obtain a reduction of greenhouse gases. This well-documented work will be invaluable to law and environmental science students, researchers, lawyers and civil servants.
Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law - where 'ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution - Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.
This book addresses why, whether and how the existing legal framework on water management in China could make climate change adaptation a mainstream issue. The book uses a table to illustrate the distinctions and similarities between IWRM and water-centered adaptation to analyze the possibilities of mainstreaming adaptation. The new water-planning processes and EIA are also illustrated in the form of figures showing the differences after factoring in adaptation considerations. Interviews with water managers to obtain their perception and attitudes towards climate change adaptation offer new perspectives for readers. The adaptation- mainstreaming approach, which finds a way to balance various interests and tasks, will arouse the interests of those readers who argue that climate change is only one of the issues challenging water management, and that poverty reduction, environmental protection and living standard improvement are even more important. Readers will also be interested to discover that the adaptation mainstreaming approach could be applied in water management institutions such as water planning and EIA. In addition, the book offers a clear explanation of the challenges of adaptation to the existing water-related legal framework from a theoretical perspective, and provides theoretical and practical recommendations.
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
The UK Climate Change Act was the first case of a country implementing blanket legally binding long-term emissions reduction targets in order to combat climate change. This book provides the first accessible and in-depth analysis of the UK's complex Climate Change Act framework, presenting the discussion in a clear and interdisciplinary manner designed to open the workings of the challenging framework to a broad audience. It discusses the political 'story' surrounding the framework, and its treatment in scholarly environmental literature; analyses the technical content of the Act; explores the framework's international significance, and its internal 'subnational' dimensions and impact, engaging the UK's devolved jurisdictions of Northern Ireland, Scotland, and Wales. This first, much-needed interdisciplinary treatment of the framework is both introductory and analytical in nature and will be of interest to scholars, practitioners and general readers of environmental studies, policy and governance.
1. This accessible volume and comprehensive subject guide comprises key readings on law and social justice, with a focus on dispossessions, marginalities and rights. 2. A topical volume that brings together expert analyses and emerging research on contemporary themes. 3. It will be of interest to departments of law, socio-legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioner of law, and those in public administration, development studies, environment studies, migration studies, cultural studies, labour studies and economics.
tells the stories, some for the first time, of eleven individuals who made heroic contributions to protecting our planet through groundbreaking international treaties investigates who was involved, how different personalities impacted the negotiations, what the state of play was and highlights the pivotal make or break moments the range of heroic individuals examined includes Luc Hoffmann, Mostafa Tolba, Maria Luiza Ribeiro Viotti, Raul Oyuela Estrada, Barack Obama and Paula Caballero presents uplifting and gripping narrative an invaluable resource for students, scholars, activists and professionals who are seeking to understand how consensus is reached in these global meetings and how individuals can have a genuine impact on preserving our planet and reinforcing the positive message that global cooperation can actually work
This book draws on the experiences of the indigenous movement in Myanmar to explore how the local construction of indigenous identities connects communities to global mechanisms for addressing human rights and environmental issues. Various communities in Myanmar have increasingly adapted international discourses of indigenous identity as a vehicle to access international legal mechanisms to address their human rights and environmental grievances against the Myanmar state. Such exercise of global discourses overlays historical endemic struggles of diverse peoples involving intersectional issues of self- determination, cultural survival, and control over natural resources. This book draws implications for the intersectionality of local and global theoretical discourses of indigeneity, human rights, and environment. It uses such implications to identify attendant issues for the aspirations of international human rights and environmental efforts and the practice of their associated international legal mechanisms. This book informs readers of the agency and capabilities of communities in underdeveloped countries to engage different global mechanisms to address local grievances against their states. Readers will develop a more critical understanding of the issues posed by the local construction of indigeneity for the ideals and practice of international efforts regarding human rights and the environment. This book will be of great interest to students and scholars of indigenous studies, human rights, international law, Asian studies, development studies, and the environment.
The Routledge International Handbook of Green Criminology was the first comprehensive and international anthology dedicated to green criminology. It presented green criminology to an international audience, described the state of the field, offered a description of a range of environmental issues of regional and global importance, and argued for continued criminological attention to environmental crimes and harms, setting an agenda for further study. In the six years since its publication, the field has continued to grow and thrive. This revised and expanded second edition of the Handbook reflects new methodological orientations, new locations of study such as Asia, Canada and South America, and new responses to environmental harms. While a number of the original chapters have been revised, the second edition offers a range of fresh chapters covering new and emerging areas of study, such as: conservation criminology, eco-feminism, environmental victimology, fracking, migration and eco-rights, and e-waste. This handbook continues to define and capture the field of green criminology and is essential reading for students and researchers engaged in green crime and environmental harm.
Climate change is causing a geological transition, defining a new era in which the Earth System is configured through human action. The emergence of a global polity through physical, economic and social interaction demands a global response to this phenomenon which cannot be modelled on traditional political and legal concepts centred around the nation-state. This Research Handbook explores the implementation of climate constitutionalism on a global scale, considering both language and substance in order to design adequate normative patterns for addressing climate change. Against the narrative of the Anthropocene and its implications for the law, carefully curated chapters provide a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity that are so necessarily intertwined with the causes and consequences of climate change. Recognising the adaptation and mitigation demands implied by climate change, this astute Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society. Timely and engaging, this Research Handbook will prove vital reading for students and scholars of environmental, constitutional and administrative law and policy. Climate change practitioners, policy makers and activists will also find its insights highly informative. Contributors include: S. Atapattu, S. Borras, K. Bosselmann, E. Cocciolo, G.M. Cuadros, E. Daly, P. de Araujo Ayala, B.H. Desai, R.J. Heffron, A. Hornborg, J. Jaria-Manzano, L.J. Kotze, J.R. May, D. McCauley, K. Morrow, M. Powers, J.M. Pureza, B.K. Sidhu, A. Sinden
* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.
* Specifically aimed at US courses in International Law, this text is authoritative, comprehensive, and distinctively readable. * Emphasizes the structure and process of the international legal system in a unique chapter on this subject as well as throughout the text-important for US students. * Covers key cases and treaties in well-structured feature boxes outlining the Facts, Issues, Decisions, and Reasoning for each case. * Completely up-to-date and streamlined in light of reviews and recent developments in international law including new material on "shark poaching," Space X, cyber-attacks, Belarus, and refugee crises from Ethiopia to Syria, among others. * Reinstates popular chapter on International Economic Law from earlier editions, updated and expanded. * Renews an online resource for students and professors, responding to reviewers.
This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
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 Encyclopedia of Global Environmental Governance and Politics surveys the broad range of environmental and sustainability challenges in the emerging Anthropocene and scrutinizes available concepts, methodological tools, theories and approaches, as well as overlaps with adjunct fields of study. This comprehensive reference work, written by some of the most eminent academics in the field, contains 68 entries on numerous aspects across 7 thematic areas, including concepts and definitions; theories and methods; actors; institutions; issue-areas; cross-cutting questions; and overlaps with non-environmental fields. With this broad approach, the volume seeks to provide a pluralistic knowledge base of the research and practice of global environmental governance and politics in times of increased complexity and contestation. Providing its readers with a unique point of reference, as well as stimulus for further research, this Encyclopedia is an indispensable tool for anyone interested in the politics of the environment, particularly students, teachers and researchers. Contributors: K.W. Abbott, C. Adelle, L. Andonova, S. Andresen, W.F. Baber, K. Backstrand, R.V. Bartlett, I. Baud, S. Bauer, S. Beck, M. Beisheim, D. Benson, S. Bernstein, K. Biedenkopf, F. Biermann, K. Booth, U. Brand, P.-O. Busch, S. Chan, K. Chelminski, J. Clapp, D. Compagnon, D. Cordell, V. Cornelissen, E. Dellas, S. Dietz, R. Eckersley, R. Floyd, D.J. Frank, V. Galaz, K. Genskow, S. Godin-Beekman, A. Gupta, J. Gupta, R. Haluza-DeLay, A. Hironaka, M. Isailovic, M. Ivanova, A. Jerneck, K. Joensson, A. Jordan, S. Karlsson-Vinkhuyzen, M. Kok, A. Kronsell, M. Lang, S. Lim, J. Lister, K. Magyera, A. Mert, D. Moran, G. Nagtzaam, T. Nielsen, M. Nilsson, C. Okereke, T. Oliver, L. Olsson, P.H. Pattberg, J. Pinkse, A. Prakash, O. Renn, K. Rosendal, M.A.F. Ros-Tonen, D. Rothe, E. Schofer, B. Siebenhuner, N. Simon, J. Stel, H. Stevenson, O.S. Stokke, K. Szulecki, M.W.Tvedt, A. Underdal, T. Van de Graaf, D. Van Vuuren, P. Vellinga, P. Wapner, E. Weinthal, J. Wettestad, S. White, O. Widerberg, F. Zelli
This book shows that escalating climate destruction today is not the product of public indifference, but of the blocked democratic freedoms of peoples across the world to resist unwanted degrees of capitalist interference with their ecological fate or capacity to change the course of ecological disaster. The author assesses how this state of affairs might be reversed and the societal relevance of universal human rights rejuvenated. It explores how freedom from want, war, persecution and fear of ecological catastrophe might be better secured in the future through a democratic reorganization of procedures of natural resource management and problem resolution amongst self-determining communities. It looks at how increasing human vulnerability to climate destruction forms the basis of a new peoples-powered demand for greater climate justice, as well as a global movement for preventative action and reflexive societal learning.
Offers a new and international perspective on the legal aspects of contracting infrastructure projects. Includes examples from case law from a number of common law jurisdictions, as well as civil law codes, plus chapters on planning and programming for construction contracts as well as tunnelling and mining contracts. Features a collection of appendices for reference including, among others, UNIDROIT Principles of International Commercial Contracts, matters for consideration in awarding contracts and risk factors in construction of infrastructure.
Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience.
Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience. |
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