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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book addresses the production practices employed in the production of food animals and animal products that enable marketers to sell a variety of products to meet consumer demand. Food animal production practices have come under increased scrutiny by consumers who object to inputs and practices. The industry has been a proponent of using technologies to reduce production costs, resulting in lower-priced meat and animal food products, and now consumers are starting to look at other objectives. This book considers the key issues of concern to consumers, including the treatment of animals, the use of antibiotics, feed additives and hormones, and how these are monitored, regulated, and communicated to consumers. It also reviews labeling and information provided to consumers, including organic, genetic engineering, welfare standards, and place of origin. While the main focus is on the United States, there are descriptions of European practices and legislation. Overall, it aims to provide an objective and balanced appraisal, which will be of interest to advanced students and researchers in agricultural, food and environmental economics, law and policy, and animal production and welfare. It will also be very useful for early career professionals in the food and agricultural sectors.
The goal of every safety professional and safety program is to be proactive and to identify problems while complying within safety guidelines. This book clarifies basic questions about legal liability, how to minimize, prevent, and identify legal risks. Appendices, case studies, and sample forms are included in this resource. The whole book will be revised due to the laws and regulations in the workplace changing. This revised edition will address all of the changes in the laws as well as providing guidance on how to achieve and maintain compliance. Features Covers methods to achieve and maintain compliance Includes new standards and regulations Discusses defense, rights, and responsibilities Provides a guide to professionals who are unfamiliar with reviewing, analyzing, and briefing a court decision Offers a new chapter on environmental and labor
Ecological restoration is as essential as sustainable development for the health of the biosphere. Restoration, however, has been a low priority of most countries' environmental laws, which tend to focus narrowly on rehabilitation of small, discrete sites rather than the more ambitious recovery of entire ecosystems and landscapes. Through critical theoretical perspectives and topical case studies, this book's diverse contributors explore a more ambitious agenda for ecological restoration law. Not only do they investigate current laws and other governance mechanisms; they also consider the philosophical and methodological bases for the law to take ecological restoration more seriously. Through exploration of themes relating to time, space, geography, semiotics, social justice, and scientific knowledge, this book offers innovative and critical insights into ecological restoration law.
Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.
This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.
Sustainable development is the most important challenge facing humanity in the 21st century. The global economic growth in the recent past has indeed exhibited marked progress in many countries. Nevertheless, the issues of income disparity, poverty, gender gaps, and malnutrition are not uncommon in the global landscape, in spite of the upward growth of the economy and technological advances. This grim picture is further exacerbated by our growing human population, unmindful resource use, ever-increasing consumption trends, and changing climate. In order to protect humanity and preserve the planet, the United Nations issued the "2030 agenda for sustainable development," which includes but is not limited to sustainable production and consumption practices, e.g. in a sustainable bioeconomy. The hallmark of the sustainable bioeconomy is a paradigm shift from a fossil-fuel-based economy to a biological-based one, which is driven by the virtues of sustainability, efficient utilization of resources, and "circular economy." As the sustainable bioeconomy is based on the efficient utilization of biological resources and societal transformations, it holds the immense potential to achieve the UN's Sustainable Development Goals. This book shares valuable insights into the linkages between the sustainable bioeconomy and Sustainable Development Goals, making it an essential read for policymakers, researchers and students of environmental studies.
Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book's contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
This book shall be an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA - originally set up by the UK - is an example of how countries that do not want to be members of the EU can still have close links with it. EFTA is a loose intragovernmental association of some economically highly specialised, small and wealthy Western European small states which have, until now, decided not to join the European Union (EU). Essentially it is the platform for Iceland, Liechtenstein, Norway and Switzerland to coordinate their free trade policies as far as possible. Iceland, Liechtenstein and Norway also use EFTA, in particular its Secretariat, to manage their membership of the European Economic Area (EEA) and to adopt relevant legislation into the Agreement. Particularly in the context of Brexit it should also be noted that there are elements of the relations between the four EFTA States and the EU which are not necessarily based on either the EEA Agreement or the EU-Swiss Agreements. Until recently, EFTA was considered an outdated model. However, since Brexit interest in EFTA has increased. Where the subject was covered in the press, but also in relevant statements by politicians, there was hardly any distinction made between 'EFTA' and the 'EEA'. This book is not about Brexit, rather it will correct certain misconceptions about EFTA and provide a clear overview on what EFTA is: a platform for the economic relations between its member states; a platform for its member states' free trade policy and a platform for its member states' relations with the EU. There will be food for thought on the UK's future outside the EU.
The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world-a bright, safe future.
Within the United States, minority and low-income communities currently bear a disproportionate amount of risk associated with pollution and other harmful environmental practices. The environmental justice movement is working to change this fact, promoting the fair and non-discriminatory treatment of all people with respect to environmental issues, policies, and regulations. This fascinating and timely volume explores the relationship between environmental justice and the government, offering a comprehensive introduction to the legal, economic, and philosophical concerns involved in pursuing environmental justice goals within a federalist system.The authors discuss two case studies in their investigation of the complex interactions between environmental justice and government. These analyses offer a comprehensive view of both the siting and regulation of polluting activities, as well as a discussion of the effects on major natural resources such as clean air and drinking water. In each case, the authors both describe current government responses to the problem and offer specific recommendations regarding what actions should be taken in the future. This authoritative book will make an invaluable addition to courses in environmental law and policy. Professionals and policymakers working in disciplines such as law, economics, environmental science, philosophy and political science will also find this a comprehensive and critical reference. Contents: Preface 1. Federalism and the Pursuit of Environmental Justice 2. Establishing an EJ Claim of Disparate-Impact Discrimination 3. Clean Air, EJ, and Facility Siting in the Phoenix Metropolitan Area 4. Environmental Justice and Enforcement of the Safe Drinking Water Act: The Arizona Arsenic Experience 5. Environmental Federalism and Addressing EJ Concerns 6. Community Involvement and Substantive Environmental Justice 7. Environmental Justice in the U.S.: Looking Ahead References Appendices
Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.
Exploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.
Originally published in 2004. Examining the successes and failures of three decades of environmental law, this absorbing book reconsiders some of the policies devised to remedy centuries of abuse of the planet. It acknowledges the advances made using technological standards to effect pollution control as well as rudimentary systems that regulate use of land at the local level. However, as the author observes, these systems have limitations in solving vexing problems such as sprawl and non-point source pollution, as the cost of their use can easily outweigh the benefits. He suggests a system, termed 'Green Wood in the Bundle of Sticks', that provides the necessary theoretical and historical bases to bridge the gap between the potentials of each system. Using objective criteria based on science, this system is tied to a land ownership system that also takes into account societal concerns at a broader level.
Democratization, globalization, and increased environmental awareness have had a profound impact on the regulation of industry in the energy and natural resources sector. This book analyses the changes in character of the way this industry is regulated, and seeks to make connections with theoretical perspectives on regulation as a major part of the modern legal system. Part I examines the emergence of alternatives to regulation, such as 'soft law' in developing countries, the European Electricity and Gas Directives of 1996 and 1998, the idea of regulation of company structure as opposed to performance, multi-faceted government alternative regulatory instruments, and market mechanics. Part II analyses conventional methods of regulation, and how they have evolved, including case studies from the Netherlands, the USA, Singapore, New Zealand, and the UK. Part III looks at regulatory innovations such as environmental audit, self-regulation, the 'Voluntary Action Plan', private-sector standard setting, and certification. Part IV examines the role of non-state actors, and their response to national and supranational regulatory changes, and globalization. Recent shifts in the perception of energy security, failures in energy company corporate governance, and evolving self-regulatory frameworks renders this a timely and worthy examination of the issues facing the energy and natural resources industry today.
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.
This new book covers drinking water regulations such as disinfectant by-products, synthetic organics, inorganic chemicals, microbiological contaminants, volatile organic chemicals, radionuclides, fluoride, toxicological approaches to setting new national drinking water regulations, and trihalomethanes. In addition, organic and inorganic compounds scheduled to be regulated in 1989 and new candidates for the 1990s regulations are detailed.
China in recent years has embarked on an extraordinary turnaround, dispensing with revolutionary rhetoric in favor of a more pragmatic approach to contemporary problems. Two areas where this change has been most visible are environmental affairs and law. "Environmental Law and Policy in the People's Republic of China" is the first book-length treatment of the increasingly important connection between these two areas in China. It assembles in one place the major articles and documents on environmental law and policy, together with an introduction, commentaries, and bibliography. Of special importance are items in judicial practice which cover several major cases involving pollution, as well as a discussion of the various alternatives in resolving environmental disputes.
The EU has been portrayed as a leader in international climate change negotiations. Its role in the development of the climate change regime, as well as the adoption of novel policy instruments such as the EU Emissions Trading Scheme in 2005, are frequently put forward as indicative of a determination to push the international climate agenda forward. However, there are numerous instances where the EU has failed to achieve its climate change objectives (e.g. the 2009 Copenhagen Conference of the Parties). It is therefore important to examine the reasons behind these failures. This book explores in detail the involvement of the EU in international climate talks from the late 1980s to the present, focusing in particular on the negotiations leading up to Copenhagen. This conference witnessed the demise of the top-down approach in climate change policy and dealt a serious blow to the EU's leadership ambitions. This book explores the extent to which negotiation theory could help with better comprehending the obstacles that prevented the EU from getting more out of the climate negotiation process. It is argued that looking at the role played by problematic strategic planning could prove highly instructive in light of the Paris Agreement. This broad historical perspective of the EU's negotiations in international climate policy is an important resource to scholars of environmental and European politics, policy, law and governance.
Many scholars posit distinct European and American approaches to public policy, with the European approach more likely to have a generous social safety net, tougher regulations on businesses, and stronger protections for animals. Via a comparative analysis of several policies, In Search of Canine Justice asks whether this conventional wisdom holds in the area of canine welfare. While there is much vindication of these two distinct approaches, the reality is more complex when the behavior of particular states is taken into account. In short, European laws are more likely to advance canine welfare, but there are not only exceptions but places where practices deviate from the laws. At the state level in the United States, the trend is toward more protective laws and practices in this area as well. In Search of Canine Justice is a valuable resource for students of comparative politics, animal studies, animal law, and public policy, as well as anyone with a general interest in canine welfare or a specific interest in the regulation of commercial breeding, euthanasia, commercial greyhound racing, scientific experimentation, and/or unnecessary surgeries for cosmetic reasons.
This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
This book considers the environmental policies that the EU employs outside its borders. Using a systematic and coherent approach to cover a range of EU activities, environmental issues, and geographical areas, it charts the EU's attempts to shape environmental governance beyond its borders. Key questions addressed include: What environmental norms, rules and policies does the EU seek to promote outside its territory? What types of activities does the EU engage in to pursue these objectives? How successful is the EU in achieving its external environmental policy objectives? What factors explain the degree to which the EU attains its goals? The book will be of interest to students and academics as well as practitioners in governments (both inside and outside of the EU), the EU institutions, think tanks, and research institutes.
In December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.
A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?
There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty's objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty's multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.
State Responsibility for Transboundary Air Pollution in International Law systematically analyses the unique nature of problems that transboundary air pollution presents in international law. Although an attempt is made to present transboundary air pollution as a unified field, a distinction is made between pollution from industrial and related sources, and those from nuclear operations, given the very serious nature of risks that nuclear pollution presents. The book extensively considers existing regulatory frameworks as found in treaty regimes and non-binding instruments. The role as well as the shortcomings of traditional international law, especially the application of principles of state responsibility to problems involving multiple actors, and which cannot therefore be easily accommodated within the present bilateral framework of dispute resolution in international law is given extended treatment. The potential role of institutions charged with supervising compliance is also undertaken and the status of emergent principles is critically assessed. The issues examined in this book are of much contemporary relevance and will appeal to those interested in the legal aspects of transboundary air pollution as well as those concerned with the general issues surrounding the application of international law to environmental problems. |
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