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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Built on a strong foundation in restoration ecology, this unique handbook provides practitioners, academics, and managers with vital tools needed to plan for ecosystem conservation, to restore degraded ecosystems, to make cost-effective restoration decisions, and to understand important legal issues. Rehabilitation of Damaged Ecosystems, Second Edition boasts three completely new chapters and five major chapter revisions. Coastal wetlands restoration, watershed rehabilitation and management, mined land reclamation, revegetation of disturbed ecosystems, and river and stream restoration are only a few of the critical topics explored in this timely reference handbook. This Second Edition provides valuable, reliable data as well as practical methods and techniques for the ongoing fight to protect natural resources and restore damaged ecosystems.
Most ecological risk assessments consider the risk to individual organisms or organism-level attributes. From a management perspective, however, risks to population-level attributes and processes are often more relevant. Despite many published calls for population risk assessment and the abundance of available scientific research and technical tools assessing risks to populations, risk assessors worldwide still have difficulty determining how population level considerations can be integrated into environmental decision-making. Population-Level Ecological Risk Assessment establishes a framework for goals, methods, and data needs for different assessment applications and for integrating population-level risk assessment into risk management decisions. Beginning with a summary of legal, regulatory, business, and other contexts, the book presents population-level ecological risk assessment as an internationally recognized, science-based tool and offers specific recommendations for using this tool to support environmental management decisions. It gives clear, explicit, operational population assessment definitions and explains the relevance of density dependence, genetics, and spatial considerations, as well as applicable lessons from conservation biology and natural resource management. The authors provide a "tool box" of empirical and modeling methods and describe the general approaches, assumptions, data requirements, strengths, and limitations of each method. They establish a working foundation for designing and conducting population-level ecological risk assessments consistent with North American, European, and Japanese risk management approaches. The book concludes by highlighting key considerations needed to improve the scientific quality and interpretation of assessments. Detailed appendices include examples of population-level assessment approaches applicable to specific environmental management contexts, a modeling case study, and a supplemental r
Public misperception of radiological risk consistently directs limited resources toward managing minimal or even phantom risks at great cost to government and industry with no measurable benefit to overall public health. The public's inability to comprehend small theoretical risks arrived at through inherently uncertain formulae, coupled with an irrational push to eliminate all risk with no contextual understanding of overall benefit, results in a forfeiture of valuable advances in technology in favor of an illusion of safety. Radiation Risks in Perspective uses general concepts underlying radiological risk as a model to illuminate the fundamental problems in public perception, reaction, and policy when faced with possible health risks. Presenting three distinct themes, the author summarizes the causes for the failure of the current system and proposes methods for correction. Beginning with a discussion of the methods used to measure threat, the author weighs the nebulous assessment of risk with the use of a quantifiable assessment of hazardous dose, which uses actual numbers that the public can readily understand and that decision makers can confidently use to enact policy and measure success. Secondly, the author addresses the contextual balancing of cost versus benefit when prioritizing expenditure, specifically emphasizing that it is inappropriate to analyze and discuss individual risks without regard to the presence of other risks. Finally, the author analyzes the public's tendency to push toward zero risk tolerance, an extremist approach that leads to unreasonable restrictions on technologies, excessive regulatory compliance costs, and the ultimate loss of goods and services. With detailed explanations and illustrative case studies, Radiation Risks in Perspective offers scientists, lawyers, engineers, policy makers, and public health professionals, the skills they need for a rational evaluation of risk.
A wide ranging and up-to-date review of experience of tunnelling contracts, particularly those for sewerage and drainage tunnels. The review is based on the 6th edition of the ICE Conditions of Contract, but it takes note of new forms of contract which are leading towards less adversarial contractual relations.^
This volume investigates the impact of energy technology innovations on economic development and presents new areas of research into the financial economics of energy as well as new studies into valuation, electricity pricing and the economic, regulatory and environmental costs of alternative energy sources. Academics and practitioners take a global perspective and present cases from several countries. The book concentrates on three issues: 1) innovation and shocks in energy markets; 2) environment and renewables and 3) fossil fuel regulation. The book will provide a useful resource for anyone with an academic or business interest in energy and value issues. This is the fourth volume in a series on energy organized by the Center for Energy and Value Issues (CEVI). The previous volumes in the series include Financial Aspects in Energy (2011), Energy Economics and Financial Markets (2012) and Perspectives on Energy Risk (2014).
This thoroughly revised edition of the Massachusetts Environmental Law Handbook provides a comprehensive reference work that the reader can rely on for up-to-date information on Massachusetts' environmental law. It incorporates both a theoretical and practical approach to ensure that the reader obtains the most definitive information available. The fourth edition is the first update since 1999. It includes topics such as hazardous waste management, chemical use and exposure, regulation of water supplies, and air pollution control.
Completely updated for 2008, this new book brings together all of the environmental laws and regulations that affect businesses in Virginia and examines changes to such programs as the Virginia Pollution Discharge Elimination System, the Chesapeake Bay initiatives, and the Virginia Water Protection Permit program. Written by one of the nation's leading environmental law firms, it provides concise, easy-to-understand explanations of your state compliance obligations. You'll get complete coverage of hazardous and solid waste disposal; air, water, and natural resources regulations; the state organizational structure; required permits and reports; the relationship between federal and state regulations; and more.
The impartial administration of justice and the accountability of
government officials are two of the most strongly held American
values. Yet these values are often in direct conflict with one
another.
The era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance.
20 murders every week. 18,000 assaults in the same time. All on the job. Sharp increases in workplace violence continue to take an unfortunate toll on American business-and its employees, families and communities. Preventative measures may be well-intentioned, but pose troubling conflicts in themselves, pitting each employee's privacy vs. overall worker protection. A full-self evaluation of your business and its personnel may be the key to safeguard against workplace violence. Thomas D. Schneid's Occupational Health Guide to Violence in the Workplace provides the important guidelines for that careful, all-encompassing examination. Most books on workplace violence focus on psychological profiles. In a change of pace, Schneid examines the issue from a safety/health professional's viewpoint, taking all angles, legal issues, and potential ramifications into account. Chapters focus on not only in-house efforts to prevent violent incidents, but also government and legal standards directly or indirectly related to worker's rights and corporate liability. Make every effort to prevent workplace violence from hitting home: start with advice from the Occupational Health Guide to Violence in the Workplace
Quality is a vital issue to be addressed by all constuction professionals working in Europe today. This book provides clear, concise guidance to the making and use of codes, regulations and technical specifications in Europe.
'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' - Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well-written and attractive in-depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' - Carel Dieperink, Utrecht University, The Netherlands 'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' - Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still, are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' - James C. Scott, Yale University, US This important book employs the theory of polycentricity, a system with several centers as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. Contents: 1. Governance and International Rivers 2. Polycentricity of World Politics 3. Institutional Evolution in the Mekong and the Rhine 4. Multilayer Environmental Governance in the Rhine 5. Influence of Non-state Actors in Governance of the Rhine 6. Issues, Interests and Actors in the Pak Mun Dam Project 7. Influence of Non-state Actors on Pak Mun Dam 8. Polycentric Environmental Governance References Index
Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.
The Supreme Court and the Environment discusses the body of federal statutory law amassed to fight pollution and conserve natural resources that began with the enactment of the National Environmental Policy Act of 1969. Instead of taking the more traditional route of listing court decisions, The Supreme Court and the Environment puts the actual cases in a subsidiary position, as part of a larger set of documents paired with incisive introductions that illustrate the fascinating and sometimes surprising give-and-take with Congress, federal administrative agencies, state and local governments, environmental organizations, and private companies and industry trade groups that have helped define modern environmental policy. ? From the author: When one views the body of modern environmental law-the decisions and the other key documents-the picture that emerges is not one of Supreme Court dominance. In this legal drama, the justices have most often played supporting roles. While we can find the occasional, memorable soliloquy in a Supreme Court majority, concurring, or dissenting opinion, the leading men and women are more likely found in Congress, administrative agencies, state and local legislatures, nongovernmental organizations, private industry, and state and lower federal courts. ? What one learns from studying the Supreme Court's environmental law output is that the justices for the most part seem more concerned about more general issues of deference to administrative agencies, the rules of statutory interpretation, the role of legislative history, the requisites for standing, and the nature of the Takings Clause than the narrow issues of entitlement to a clean environment, the notion of an environmental ethic that underlies written statutes and regulations, and concerns about ecological diversity and other environmental values. When we widen the lens, however, and focus on the other documents that make up essential parts of the story of the Supreme Court and the environment-complaints by litigants, briefs by parties and by friends of the court, oral argument transcripts, the occasional stirring dissent, lower court decisions, presidential signing statements and press conference transcripts, media reports and editorials, and legislative responses to high court decisions-we discover what is often missing in the body of Supreme Court decisions. --Michael Allan Wolf
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
The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.
REACH and the Environmental Regulation of Nanotechnology presents a thorough and comprehensive legal analysis on the status of nanoscale chemicals under the EU's REACH (Registration, Evaluation, Authorisation, and Restriction) regulation, asking whether it effectively safeguards human health and environmental protection. This book examines the European Commission's claim that REACH offers the best possible framework for the risk management of nanomaterials. Through a detailed and meticulous analysis of the four phases of REACH, Kuraj assesses the capacity of the Regulation to protect human health and the environment against the potential harms associated with exposure to nanomaterials, and draws attention to the ways in which the specificities of nanoscale chemicals are (not) tackled by the current REACH framework. Overall, this book is an innovative and timely contribution to the ongoing debate on how to best address the unprecedented risks posed by the growing pursuit of nanotechnological innovation by the EU and global policy agenda. REACH and the Environmental Regulation of Nanotechnology will be of great interest to advanced students and scholars of environmental law and policy, environmental governance, science and technology studies, and environment and health.
With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
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.
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.
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.
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.
More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problematique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.
Using the detailed instructions in this book, readers will learn how to comply with product safety regulations, how to develop safe products, and how to implement safe manufacturing processes. In addition, readers will learn how to understand the federal regulations, determine how those regulations apply to their businesses, and understand the scope of their responsibilities. |
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