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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law

Legal Rights for Rivers - Competition, Collaboration and Water Governance (Hardcover): Erin O'Donnell Legal Rights for Rivers - Competition, Collaboration and Water Governance (Hardcover)
Erin O'Donnell
R4,489 Discovery Miles 44 890 Ships in 10 - 15 working days

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.

Compulsory Property Acquisition for Urban Densification (Hardcover): Glen Searle Compulsory Property Acquisition for Urban Densification (Hardcover)
Glen Searle
R4,910 Discovery Miles 49 100 Ships in 10 - 15 working days

Densification has been a central method of achieving smart, sustainable cities across the world. This book explores international examples of the property rights tensions involved in attempting to develop denser, more sustainable cities through compulsory acquisition of property. The case studies from Europe, North America, eastern Asia and Australia show how well, or not, property rights have been recognised in each country. Chapters explore the significance of local legal frameworks and institutions in accommodating property rights in the densification process. In particular, the case studies address the following issues and more: Whether compulsory acquisition to increase densification is justified in practice and in theory The specific public benefits given for compulsory acquisition The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition What compensation or offsets are offered for acquisition, and how are they funded? Is there a local or national history of compulsory property acquisition by government for a range of purposes? Is compulsory acquisition restricted to certain types or locations of densification? Where existing housing is acquired, are there obligations to provide alternative housing arrangements? The central aim of the book is to summarize international experiences of the extent to which property rights have or have not been protected in the use of compulsory property acquisition to achieve sustainable cities via urban densification. It is essential reading for all those interested in planning law, property rights, environmental law, urban studies, sustainable urban development and land use policy.

Environmental Process and Production Methods (PPMs) in WTO Law (Hardcover, 1st ed. 2018): David Sifonios Environmental Process and Production Methods (PPMs) in WTO Law (Hardcover, 1st ed. 2018)
David Sifonios
R3,375 Discovery Miles 33 750 Ships in 18 - 22 working days

This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US-Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.

European Sustainable Carriage of Goods - The Role of Contract Law (Paperback): Ellen Eftestol-wilhelmsson European Sustainable Carriage of Goods - The Role of Contract Law (Paperback)
Ellen Eftestol-wilhelmsson
R1,489 Discovery Miles 14 890 Ships in 10 - 15 working days

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

Towards a Climate-Neutral Europe - Curbing the Trend (Hardcover): Jos Delbeke, Peter Vis Towards a Climate-Neutral Europe - Curbing the Trend (Hardcover)
Jos Delbeke, Peter Vis
R4,488 Discovery Miles 44 880 Ships in 10 - 15 working days

This book explains the EU's climate policies in an accessible way, to demonstrate the step-by-step approach that has been used to develop these policies, and the ways in which they have been tested and further improved in the light of experience. The latest changes to the legislation are fully explained throughout. The chapters throughout this volume show that no single policy instrument can bring down greenhouse gas emissions. The challenge facing the EU, as for many countries that have made pledges under the Paris Agreement, is to put together a toolbox of policy instruments that is coherent, delivers emissions reductions, and is cost-effective. The book stands out by the fact it covers the EU's emissions trading system, the energy sector and other economic sectors, including their development in the context of international climate policy. This accessible book will be of great relevance to students, scholars and policy makers alike. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9789276082569, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Environmental Governance and Sustainability (Paperback): Paul Martin, Li, Zhiping, Qin, Tianbao, Anel du Plessis, Yves Le... Environmental Governance and Sustainability (Paperback)
Paul Martin, Li, Zhiping, Qin, Tianbao, Anel du Plessis, Yves Le Bouthillier, …
R1,556 Discovery Miles 15 560 Ships in 10 - 15 working days

This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development. Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. Zhang

Conserving Europe's Wildlife - Law and Policy of the Natura 2000 Network of Protected Areas (Hardcover): Andrew L.R.... Conserving Europe's Wildlife - Law and Policy of the Natura 2000 Network of Protected Areas (Hardcover)
Andrew L.R. Jackson
R4,488 Discovery Miles 44 880 Ships in 10 - 15 working days

The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU's entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe's most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.

Environmental Justice and Soy Agribusiness (Hardcover): Robert Hafner Environmental Justice and Soy Agribusiness (Hardcover)
Robert Hafner
R4,493 Discovery Miles 44 930 Ships in 10 - 15 working days

Environmental justice research and activism predominantly focus on openly conflictive situations; claims making is central. However, situations of injustice can still occur even if there is no overt conflict. Environmental Justice and Soy Agribusiness fills this gap by applying an environmental justice incommensurabilities framework to reveal the mechanisms of why conflicts do not arise in particular situations, even though they fall within classic environmental justice schemes. Empirically, the case study focus is on the remote soy frontier in Northwest Argentina, particularly the town of Las Lajitas as the nucleus of soy production. This represents an excellent example of the recent expansion of the soy agribusiness industry in Latin America. First, a classic environmental justice analysis is carried out. Second, and drawing on the epistemological works of Ludwik Fleck, an alternative analytical framework is proposed, visualising locals' thought styles on change, effects and potential conflict in relation to soy agribusiness. Here, visceral elements and the application of a jazz methodology are vital for a more holistic form of multisensory cognition. Third, incommensurabilities among the classic and alternative approach are uncovered, arguing for the importance of temporal and spatial contexts in environmental justice research.

The Paris Framework for Climate Change Capacity Building (Hardcover): J.Timmons Roberts, Saleemul Huq, Victoria Hoffmeister,... The Paris Framework for Climate Change Capacity Building (Hardcover)
J.Timmons Roberts, Saleemul Huq, Victoria Hoffmeister, Mizan R. Khan
R4,632 Discovery Miles 46 320 Ships in 10 - 15 working days

The Paris Framework for Climate Change Capacity Building pioneers a new era of climate change governance, performing the foundational job of clarifying what is meant by the often ad-hoc, one-off, uncoordinated, ineffective and unsustainable practices of the past decade described as 'capacity building' to address climate change. As an alternative, this book presents a framework on how to build effective and sustainable capacity systems to meaningfully tackle this long-term problem. Such a reframing of capacity building itself requires means of implementation. The authors combine their decades-long experiences in climate negotiations, developing climate solutions, climate activism and peer-reviewed research to chart a realistic roadmap for the implementation of this alternative framework for capacity building. As a result, this book convincingly makes the case that universities, as the highest and sustainable seats of learning and research in the developing countries, should be the central hub of capacity building there. This will be a valuable resource for students, researchers and policy-makers in the areas of climate change and environmental studies.

Einstweiliger Rechtsschutz Und Europaische Union - Nationaler Einstweiliger Verwaltungsrechtsschutz Im Widerstreit Von... Einstweiliger Rechtsschutz Und Europaische Union - Nationaler Einstweiliger Verwaltungsrechtsschutz Im Widerstreit Von Gemeinschaftsrecht Und Nationalem Verfassungsrecht (English, German, Hardcover)
Stefan Lehr
R1,531 Discovery Miles 15 310 Ships in 10 - 15 working days

Erster Teil: Zu den allgemeinen Lehren des einstweiligen Rechtsschutzes.- Zweiter Teil: Die Gewahrung einstweiligen Rechtsschutzes durch den Gerichtshof der Europaischen Gemeinschaften.- Dritter Teil: Nationaler einstweiliger Verwaltungsrechtsschutz im Widerstreit von Gemeinschaftsrecht und nationalem Verfassungsrecht.- 1. Kapitel: Darstellung neuerer Urteile des EuGH zum nationalen einstweiligen Rechtsschutz.- 2. Kapitel: Die sog. "indirekten Kollisionen" zwischen nationalem Verfahrensrecht und Gemeinschaftsrecht.- 3. Kapitel: Zulassigkeit und Grenzen der Zulassigkeit von Relativierungen grundgesetzlicher Vorgaben beim Vollzug des Gemeinschaftsrechts am Beispiel des deutschen einstweiligen Verwaltungsrechtsschutzes.- 4. Kapitel: Paradigmenwechsel in der EuGH-Rechtsprechung: Gestaltender Eingriff in den nationalen einstweiligen Verwaltungsrechtsschutz.- 5. Kapitel: Zur Erstreckung der "Suderdithmarschen"-Doktrin auf (positive) einstweilige Anordnungen: "Atlanta Fruchthandelsgesellschaft u.a../. Bundesamt fur Ernahrung und Forstwirtschaft" Rs C-465/93.- Vierter Teil: Die Gewahrung einstweiligen Rechtsschutzes im Rahmen des Vorabentscheidungsverfahrens (Art. 177 EGV).- 1. Kapitel: Gewahrung einstweiligen Rechtsschutzes und Vorlagepflicht mitgliedstaatlicher Gerichte.- 2. Kapitel: Nationales Eilverfahren und Vorabentscheidungsverfahren gemass Art. 177 EGV: Der Gerichtshof der Europaischen Gemeinschaften als gesetzlicher Richter i.S.d. Art. 101 Abs. 1 S. 2 GG.- Thesenartige Zusammenfassung.- Summary: Interim Relief and the European Union.- Council of Europe, Committee of Ministers Recommendation No. R (89)8 of the Committee of Ministers to Member States on Provisional Court Protection in Administrative Matters.

Biodiversity, Genetic Resources and Intellectual Property - Developments in Access and Benefit Sharing (Hardcover): Kamalesh... Biodiversity, Genetic Resources and Intellectual Property - Developments in Access and Benefit Sharing (Hardcover)
Kamalesh Adhikari, Charles Lawson
R4,494 Discovery Miles 44 940 Ships in 10 - 15 working days

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

Climate Change Law (Hardcover): Daniel A. Farber, Marjan Peeters Climate Change Law (Hardcover)
Daniel A. Farber, Marjan Peeters
R9,863 Discovery Miles 98 630 Ships in 10 - 15 working days

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime. This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs. Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragan, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. Zhang

The Southwest Under Stress - National Resource Development Issues in a Regional Setting (Hardcover): Allen V Kneese, F. Lee... The Southwest Under Stress - National Resource Development Issues in a Regional Setting (Hardcover)
Allen V Kneese, F. Lee Brown
R5,493 Discovery Miles 54 930 Ships in 10 - 15 working days

Southwest Under Stress examines the development-environment conflict in the four contiguous states of Arizona, Utah, Colorado, and New Mexico. It emphasizes three issues with implications that extend far beyond the Southwest: water---its quantity, quality, and allocation; environment---how and to what extent it should be preserved; and the future of Native American and other poverty-stricken peoples. Energy comes in for special attention because the Southwest is a principal repository of fossil and nuclear fuels. This book serves as a guide for public policy in the region, and many of the policy alternatives set out are aimed at state and local governments. Alleviating poverty, improving the lot of Native Americans, and formulating workable water, environmental, and natural resources development policies are all of special concern to the region, but the federal government has asserted a dominant role in may of these areas. The book discusses ways in which the federal role may change to improve both federal policy itself and cooperation with other levels of government.

Climate Change and Human Rights - An International and Comparative Law Perspective (Paperback): Ottavio Quirico, Mouloud... Climate Change and Human Rights - An International and Comparative Law Perspective (Paperback)
Ottavio Quirico, Mouloud Boumghar
R1,633 Discovery Miles 16 330 Ships in 10 - 15 working days

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2 Degrees C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the 'wall', the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Human Rights and Sustainability - Moral responsibilities for the future (Paperback): Gerhard Bos, Marcus Duwell Human Rights and Sustainability - Moral responsibilities for the future (Paperback)
Gerhard Bos, Marcus Duwell
R1,610 Discovery Miles 16 100 Ships in 10 - 15 working days

The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.

Regulation in the European Electricity Sector (Paperback): Maciej Sokolowski Regulation in the European Electricity Sector (Paperback)
Maciej Sokolowski
R1,553 Discovery Miles 15 530 Ships in 10 - 15 working days

Since the very beginning of European integration, electricity has been within the legal sphere of the EU. Much of this is found within the binding European acts making up the framework of the Energy Packages. The established legal institutions have had a significant impact on the shape of the energy market in Europe. Nevertheless, the European energy market still seems to be developing, as demonstrated by the current lively discussion about the state of the Energy Union. Regulation in the European Electricity Sector delves into European energy law and reflects on some of the primary issues related to the public legal impact on the European energy sector. The book offers a brief explanation of the background operation of the electricity sector, as well as liberalisation within the area, and traces the evolution of the EU's approach towards the issue of public law regulation within the electricity sector. Finally, the book presents an analysis of European and national laws, considering their interpretation, and explores the future of public law regulation. Aimed at giving the reader a deep insight into a nature of the state's presence in the power sector, this book will be of great interest to students and scholars of EU energy law and policy.

World Heritage and Human Rights - Lessons from the Asia-Pacific and global arena (Paperback): Peter Bille Larsen World Heritage and Human Rights - Lessons from the Asia-Pacific and global arena (Paperback)
Peter Bille Larsen
R1,616 Discovery Miles 16 160 Ships in 10 - 15 working days

The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.

International Water Law and the Quest for Common Security (Paperback): Bjorn-Oliver Magsig International Water Law and the Quest for Common Security (Paperback)
Bjorn-Oliver Magsig
R1,550 Discovery Miles 15 500 Ships in 10 - 15 working days

The world's freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective.

Genetic Resources as Natural Information - Implications for the Convention on Biological Diversity and Nagoya Protocol... Genetic Resources as Natural Information - Implications for the Convention on Biological Diversity and Nagoya Protocol (Paperback)
Manuel Ruiz Muller; Foreword by Joseph Henry Vogel
R1,600 Discovery Miles 16 000 Ships in 10 - 15 working days

Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

Shipbreaking in Developing Countries - A Requiem for Environmental Justice from the Perspective of Bangladesh (Hardcover): Md... Shipbreaking in Developing Countries - A Requiem for Environmental Justice from the Perspective of Bangladesh (Hardcover)
Md Saiful Karim
R4,485 Discovery Miles 44 850 Ships in 10 - 15 working days

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.

Global Food Security Governance - Civil society engagement in the reformed Committee on World Food Security (Paperback):... Global Food Security Governance - Civil society engagement in the reformed Committee on World Food Security (Paperback)
Jessica Duncan
R1,611 Discovery Miles 16 110 Ships in 10 - 15 working days

In 2007/8 world food prices spiked and global economic crisis set in, leaving hundreds of millions of people unable to access adequate food. The international reaction was swift. In a bid for leadership, the 123 member countries of the United Nations' Committee on World Food Security (CFS) adopted a series of reforms with the aim of becoming the foremost international, inclusive and intergovernmental platform for food security. Central to the reform was the inclusion of participants (including civil society and the private sector) across all activities of the Committee. Drawing on data collected from policy documents, interviews and participant observation, this book examines the re-organization and functioning of a UN Committee that is coming to be known as a best practice in global governance. Framed by key challenges that plague global governance, the impact and implication of increased civil society engagement are examined by tracing policy negotiations within the CFS, in particular, policy roundtables on smallholder sensitive investment and food price volatility and negotiations on the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, and the Global Strategic Framework for Food Security and Nutrition. The author shows that through their participation in the Committee, civil society actors are influencing policy outcomes. Yet analysis also reveals that the CFS is being undermined by other actors seeking to gain and maintain influence at the global level. By way of this analysis, this book provides empirically-informed insights into increased participation in global governance processes.

Ecological Systems Integrity - Governance, law and human rights (Paperback): Laura Westra, Janice Gray, Vasiliki Karageorgou Ecological Systems Integrity - Governance, law and human rights (Paperback)
Laura Westra, Janice Gray, Vasiliki Karageorgou
R1,610 Discovery Miles 16 100 Ships in 10 - 15 working days

Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity. Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.

Transboundary Marine Spatial Planning and International Law (Paperback): Daud Hassan, Tuomas Kuokkanen, Niko Soininen Transboundary Marine Spatial Planning and International Law (Paperback)
Daud Hassan, Tuomas Kuokkanen, Niko Soininen
R1,553 Discovery Miles 15 530 Ships in 10 - 15 working days

Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.

The Illegal Wildlife Trade - Inside the World of Poachers, Smugglers and Traders (Hardcover, 1st ed. 2016): Daan P Van Uhm The Illegal Wildlife Trade - Inside the World of Poachers, Smugglers and Traders (Hardcover, 1st ed. 2016)
Daan P Van Uhm
R4,107 Discovery Miles 41 070 Ships in 10 - 15 working days

In this book the author examines the illegal wildlife trade from multiple perspectives: the historical context, the impact on the environment, the scope of the problem internationally, the sociocultural demand for illegal products, the legal efforts to combat it, and several case studies from inside the trade. The illegal wildlife trade has become a global criminal enterprise, following in the footsteps of drugs and weapons. Beyond the environmental impact, financial profits from the illegal wildlife trade often fund organized crime groups and violent gangs that threaten public safety and security in myriad ways. This innovative volume covers several key questions surrounding the wildlife trade: why is there a demand for illegal wildlife products, which actors are involved in the trade, how is the business organized, and what are the harmful consequences. The author performed ethnographic fieldwork in three key markets: Russia, Morocco, and China, and has constructed a detailed picture of how the wildlife trade operates in these areas. Conversations with informants directly involved in the illegal business ensure unique insights into this lively black market. In the course of his journey the author follows the route of the illegal wildlife trade from poor poaching areas to rich business districts where corrupt officials, legally registered companies, wildlife farms and sophisticated criminal organizations all have a share. A fascinating look inside the world of poachers, smugglers and traders.

Beyond the Carbon Economy - Energy Law in Transition (Hardcover): Don Zillman, Catherine Redgwell, Yinka Omorogbe, Lila K.... Beyond the Carbon Economy - Energy Law in Transition (Hardcover)
Don Zillman, Catherine Redgwell, Yinka Omorogbe, Lila K. Barrera-Hernandez
R4,783 Discovery Miles 47 830 Ships in 10 - 15 working days

The present energy economy, with its heavy dependence on fossil fuels is not sustainable over the medium to long term for many interconnected reasons. Climate change is now recognized as posing a serious threat. Energy and resource decisions involving the carbon fuels therefore play a large role in this threat. Fossil fuel reserves may also be running short, and many of the major reserves are in politically unstable parts of the world.
Yet citizens in nations with rapidly developing economies aspire to the benefits of the modern energy economy. China and India alone have 2.4 billion potential customers for cars, industries, and electrical services. Even so, more than half of the world's citizens still lack access to energy. Decisions involving fossil fuels are therefore a significant part of the development equation.
This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today.
This book first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then moves on to explore sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy.

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