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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Environmental Enforcement Authorities (EEAs), sometimes called Environmental Protection Agencies (EPAs), are the regulatory, monitoring and enforcement agencies of national, state/provincial and local governments worldwide responsible for implementing, monitoring and enforcing environmental legislation. This one-of-a-kind, authoritative handbook offers a comprehensive assessment of the principles and best practice of EEAs throughout the world with a focus on Europe, the USA, Canada, Australia, east and south-east Asia and various other OECD, transition and developing countries. The book assesses structures, expertise and capacity, financing, permitting, monitoring, inspection, enforcement and EEA performance and future directions. It also identifies best practice for creating or improving EEAs. It offers substantial information for industry on the nature of compliance with environmental regulations as well as vital information for professionals, consultants, NGOs and researchers working at the interface between government EEAs and industry.
Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of 'Reduced Emissions from Deforestation and Degradation' (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples. This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.
The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.
The history of international environmental dialogue is a history of conflict between developing and industrial countries encompassing the framework, nature, and agenda of international environmental law. The conflict is focused on who should take responsibility, in what measure, and under what conditions to contain global environmental degradation. In the face of inequality in resources and contributions to global environmental degradation, sovereign states have crafted a burden sharing arrangement rooted in differential treatment. Differential treatment refers to the use of norms that provide for different, more advantageous, treatment to some states. Real differences exist between states, and the norms of differential treatment recognize and respond to these differences by instituting different standards for different states or groups of states. This book explores the value of differential treatment in integrating developing countries into international environmental regimes. It systematically categorizes and analyses the terms of integration, respecting differential treatment across new generation environmental treaties. It ferrets out the philosophical and practical bases for differential treatment in environmental treaties, and creates a framework within which differential treatment can be assessed. It suggests certain boundaries to differential treatment in international environmental law, and explores in detail the reach of differential treatment in the climate regime. The conflict between industrial and developing countries has thus far significantly impaired the ambition of the international environmental agenda. The relevance of this book lies in its ability to provide a principled framework within which the conflict between industrial and developing countries in the international environmental realm can be examined and resolved.
Addressing three central questions of legal policy, this is an interesting and comprehensive analysis of the need to control and regulate tobacco consumption. The core issues of the book are litigation vs. regulation with a comparative analysis of the US and European approaches; the challenge to regulate tobacco as a lawful product within constitutional limits to promote the reduction of risks to health and the extent to which consumers should be entrusted with information to make their own informed choices. Suggesting dialogue and transparency in policy development, this book covers advertising, psychology, ethics, economics and health in addition to the central debate about the litigation and regulation of tobacco and the role of consumer protection law and private law.
Building on knowledge within the fields of green and eco-global criminology, this book uses empirical and theoretical arguments to discuss the multi-dimensional character of eco-global crime. It provides an overview of eco-global crimes and discusses them from a justice perspective. The persistence of animal abuse and speciesism are also examined together with policies aimed at controlling the natural world and plant species. Pollution by large corporations, rights of indigenous peoples and the damage caused by the mineral extraction are also considered. Providing new ideas and insights which will be relevant on a global scale, this book is an interesting and useful study of the exploitation of nature and other species. It will be invaluable for students and scholars globally, working within or connected to the field of green and eco-global criminology. The book will also be important for the participants of various social movements, especially the environmental and animal advocacy movements.
Taking a uniquely interdisciplinary view of the Eastern Mediterranean region's water problems, this book considers some of the technical and regulatory solutions being proposed or implemented to solve the difficulties of diminished or polluted water supplies. Stressing the importance of traditional and historical cultural understanding in addressing the water crisis, the authors demonstrate that what is required is an integrated legal, social and scientific management system appropriate to each country's stage of development and their cultural heritage. Using case studies from Lebanon, Italy, Spain, Egypt, Greece, Jordan and Cyprus, the authors focus on the urgency of the present crisis faced by each country and the need for cooperation. The suggested solutions also serve as a paradigm for the rest of the world as it faces similar issues of water shortage.
This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life and by coordinating the differences that hold actors apart. Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actors.
This book explores the relationship between law and geography, particularly in relation to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. The book is structured according to conceptual frames - boundaries, land, property, nature, identity (persons, peoples and places), culture and time, and knowledge.
The fourth edition of this well established text brings the subject up-to-date with environmental legislation and provides a thorough understanding of the surface technologies of all materials used for finishes. It also aims to minimise the use of finishes which have shorter lives and hence need renewing more frequently. As the variety of materials used for finishes is so large, they have been grouped into their engineering categories of ceramics, polymers, metals and composites to aid understanding of their structure, behaviour and ability to resist degradation. Finishes is an essential textbook for Materials units on building, architecture, surveying and related degree and postgraduate courses, and for students of BTEC HNC/D building and surveying.
While government enforcement of laws and regulations to control the production of chloroflurocarbons in 1987 has been hailed as exemplifying the precautionary principle, for almost two decades US companies failed to take precautionary measures to prevent chemical emissions, despite the probable risk of stratospheric ozone loss. As a result, human harms in the form of skin cancer have reached epidemic proportions globally and in the United States where, today, one person dies every hour from skin cancer. This book reviews U.S. laws, regulations, and policies, as well as case law regarding similar toxic tort cases to consider whether companies can and should be held legally liable under tort common law theories and related tort justice theories for having contributed to increased risks of skin cancer.
Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. The increasing cross-border scope of environmental crimes and harms is one of the reasons why governments and the enforcement community have trouble in finding the proper responses. Law enforcement cooperation between western industrialized states is often time consuming and problematic, and the problems increase exponentially when environmental criminals take advantage of situations where government and law enforcement are weak. This book provides an overview of the developments and problems in the field of transnational environmental crimes and harms, addressing these issues from perspectives such as enforcement, deterrence, compliance and emission trading schemes. Divided into four parts, the authors consider global issues in green criminology, responses to transnational environmental crimes and harms, alternative methods to combat environmental crime, and specific types of crimes and criminological research. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the transnational dimensions of crime and the environment.
Other People's Country thinks through the entangled objects of law - legislation, policies, institutions, treaties and so on - that 'govern' waters and that make bodies of water 'lawful' within settler colonial sites today. Informed by the theoretical interventions of cosmopolitics and political ecology, each opening up new approaches to questions of politics and 'the political', the chapters in this book locate these insights within material settler colonial 'places' rather than abstract structures of domination. A claim to water - whether by Indigenous peoples or settlers - is not simply a claim to a resource. It is a claim to knowledge and to the constitution of place and therefore, in the terms of Isabelle Stengers, to the continued constitution of the past, present and future of real worlds. Including contributions from the fields of anthropology, cultural studies, cultural geography, critical legal studies, and settler colonial studies, this collection not only engages with issues of law, water and entitlement in different national contexts - including Australia, Aotearoa/New Zealand, New Caledonia and the USA - but also from diverse disciplinary and institutional contexts. This book was originally published as a special issue of Settler Colonial Studies.
This is a clear guide to heritage legislation in the UK. It is set out in plain, non-legal language and will guide the planner, developer, architect or conservationist through the legislation, explaining the policy and procedures which govern the protection of historic buildings as well as providing clear explanations of the issues involved, including listing, planning appeals and grants.
What kind of decision-making should multinationals engage in to create a sustainable company? There is substantial debate over why CEOs, senior management and Boards of Directors make the wrong decisions by not asking the right questions, with the result that not only is the company itself damaged, but all of the stakeholders find themselves at a detriment. Focusing on innovation, technology transfer and the use of intangible assets, Energy Law and the Sustainable Company features case studies from the oil and gas sector, to illustrate how to develop a sustainable business. Considering corporate social responsibility from the perspective of international and national law, the book demonstrates how companies can be both profitable and ethical using the influences of psychology to encourage senior decision makers to make the right decisions. It was revealed that reputation was the main principle influencing decision-making. The book also discusses how companies have reported on their sustainability strategy and considers how technology transfer and intangible assets may play a part in addressing global sustainability. This book should be invaluable reading to students and scholars of Sustainable Business, Business Law, Corporate Social Responsibility, Environmental and Energy Law as well as Environmental and Energy Management.
It is increasingly argued that a focus on environmental sustainability is fundamental to effective and equitable governance, and ultimately for the good of mankind. This book argues that, in the face increasing environmental challenges, it is essential to recognise the role that ecological integrity has played, and must play, in governance for environmental sustainability in order to ensure the future survival of life on earth. Ecological integrity encompasses not only the necessity of respect for nature, but also the human right to a sound and healthy environment. The author shows that on this basis, acceptance of its primacy in law and governance is key to a sustainable and equitable future for all. The book presents a uniquely informed treatise on the term, its origins, evolution and position in current debates, exploring the conflicts which have so far prevented its acceptance. Written by a leading scholar on the subject, this book provides the most in-depth exposition of ecological integrity available to increase understanding of this crucial concept and encourage its adoption in governance and international law.
The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.
The law relating to town and country planning has a major impact upon the physical environment and affects private citizens, landowners and developers alike. This third edition is a comprehensive text for students, practitioners and members of the general public on this difficult area of law. Following the Planning and Compulsory Purchase Act 2004, the third edition of Planning Law and Practice contains a complete revision of plan-making and the control of development as well as incorporating recent case law. Together this provides up-to-date details of the operation of the current English planning system. The successful format adopted in the first edition of this book, which was awarded the Gold Award for Best Reference Work by the Chartered Institute of Building in 1999, has been retained. Planning legislation is dealt with in the main chapters, while further chapters use relevant case law to amplify the sometimes complex statutory material. In addition, the book outlines other areas of land law such as European legislation, non-planning controls and public investment.
This study considers the topical problem of defining and valuing "environmental damage" from the perspective of international and comparative law. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.
Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.
Each of the jurisdictions within the UK and Ireland is refining the operational characteristics of its planning system and while there are some common practices, it is also the case that there are substantive divergences. In each territory the planning template is fundamentally shaped within a dynamic legal context and thus, students and practitioners of planning need accessible, informative and up-to-date literature dealing with this matter. Planning Law and Practice in Northern Ireland provides an interpretive narrative of the statutes, case law and planning procedures that have shaped its planning system, with due regard being given to the combined influences emanating from European Union, UK and Northern Ireland planning governance. The contributions in this book explore the evolution of planning in Northern Ireland and discuss key facets of development management, enforcement, environmental law, equality, property law and professional ethics. This book makes an important contribution to the wider literature in this field and provides an essential reference to students, planning practitioners and researchers.
Licensing law is a wide ranging , detailed and complex body of law within the UK. This book comes at a time when local authorities are required to consider and approve, or reject, applications for an increasing number and very wide range of licences. The book provides easy to read, and easy to follow procedures for a wide range of licences which local authorities and other public bodies are required by law to consider and issue. Each chapter addresses a distinct topic and the book includes guidance on local authority and court procedures. The main legal procedures used in the licensing field are presented as flow charts supported by explanatory text. Licensing professionals and students will find this essential reading. It will also be a valuable reference for all those whose responsibilities demand they keep abreast of current licensing practices.
Real Estate Due Diligence is the first textbook on due diligence, the cornerstone of every successful real estate deal. Due diligence is designed to uncover potential risks posed by a real estate acquisition, financing, or development project and failure to carry it out successfully can result in costly oversights and diminished investment returns. This book demonstrates how to assess and manage legal risks on properties such as office buildings, shopping centres, industrial buildings, apartments, and hotels-before the transaction closes. Real estate students and practitioners are taken through all of the essential due diligence areas, including: Titles and ownership issues Zoning and land use Liens and mortgages Condition assessments Environmental and operational concerns And lease analysis Throughout the book, major laws and court cases are used to illustrate due diligence issues and provide rich opportunities for classroom study and discussion. Practice points and comprehensive due diligence checklists help readers to go on to put their learning in practice. This book fills a gap in the real estate literature and is perfect for use as a college textbook, a practitioner's guide, or for industry training.
Real Estate Due Diligence is the first textbook on due diligence, the cornerstone of every successful real estate deal. Due diligence is designed to uncover potential risks posed by a real estate acquisition, financing, or development project and failure to carry it out successfully can result in costly oversights and diminished investment returns. This book demonstrates how to assess and manage legal risks on properties such as office buildings, shopping centres, industrial buildings, apartments, and hotels-before the transaction closes. Real estate students and practitioners are taken through all of the essential due diligence areas, including: Titles and ownership issues Zoning and land use Liens and mortgages Condition assessments Environmental and operational concerns And lease analysis Throughout the book, major laws and court cases are used to illustrate due diligence issues and provide rich opportunities for classroom study and discussion. Practice points and comprehensive due diligence checklists help readers to go on to put their learning in practice. This book fills a gap in the real estate literature and is perfect for use as a college textbook, a practitioner's guide, or for industry training. |
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