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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.
Decentering Biotechnology explores the nature of technology, objects and patent law. Investigating the patenting of organic life and the manner in which artifacts of biotechnology are given their object-ive appearance, Carolan details the enrollment mechanisms that give biotechnology its momentum. Drawing on legal judgements and case studies, this fascinating book examines the nature of object-ification, as a thought and a thing, without which biotechnology, as it is done today, would not be possible. Unable to reject biotechnology per se, recognizing that such a rejection would essentialize the very object-ive categories shown to be manufactured, Carolan ultimately argues for doing biotechnology differently. A theoretically sophisticated analysis of the nature of objects and the role of technology as a form of life which shapes the social landscape, Decentering Biotechnology engages with questions of power, globalization, development, resistance, exclusion, and participation that arise from treating biological objects differently from conventional property forms. As such, it will appeal to social theorists, sociologists and philosophers, as well as scholars of law and science and technology studies.
First published in 1999 , the book is based on papers given at the final workshop of a research project into the evolution of environmental regulation in Poland undertaken as part of the UKs ERSC Global Environmental Change Programme. Other invited papers focused on the development of regulatory policy in transforming economies and in the UK. Furthermore the book highlights the weakness of internal political processes in Poland and the important role played by foreign sponsored pressures whilst exsamaning the divergence between the way environmental charges are supposed to operate and the ways in which they are implemented and enforced. Topics covered include the links between privatisation and the environment, the saline water problem in Upper Silesia, enforcement of and compliance with environmental charges, air pollution in Krakow and the structure of the Polish environmental administration system.
Most scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people's access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceable solutions to reduce world hunger and malnutrition are also advanced, including national capacity building, the improvement of governance, and strategic development of biofuel programs. This book will be of great interest to agricultural trade professionals and consultant policy makers in the EU, US and developing countries. Students and researchers with a concentration on international trade, agriculture economics, global governance and international law will benefit greatly from this study.
Through a combination of theoretical and empirical approaches, this book explores the role of international environmental law in protecting and conserving plants. Underpinning every ecosystem on the planet, plants provide the most basic requirements: food, shelter and clear air. Yet the world's plants are in trouble; a fifth of all plant species are at risk of extinction, with thousands more in perpetual decline. In a unique study of international environmental law, this book provides a comprehensive overview of the challenges and restrictions associated with protecting and conserving plants. Through analysing the relationship between conservation law and conservation practice, the book debates whether the two work symbiotically, or if the law poses more of a hindrance than a help. Further discussion of the law's response to some of the major threats facing plants, notably climate change, international trade and invasive species, grounds the book in conservation literature. Using case studies on key plant biomes to highlight the strengths and weaknesses of the law in practice, the book also includes previously unpublished results of an original empirical study into the correlations between the IUCN Red List and lists of endangered/protected species in international instruments. To conclude, the book looks to the future, considering broader reforms to the law to support the work of conservation practitioners and reshape humanity's relationships with nature. The book will be of interest to scholars and students working in the field of international environmental law and those interested more broadly in conservation and ecological governance frameworks.
A straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered. Includes hundreds of actual construction cases.
The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country's governing class - as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peoples engaging in consultation, a process mandated by the National Environmental Policy Act and the Indian Religious Freedom Act whenever a federal agency's proposed action will affect land of significance to indigenous peoples. To understand this process and its various outcomes first requires familiarity with the history and culture that make these sites significant to particular Indian nations. Morman provides this necessary context for various and changing indigenous perspectives in the legal process. He also examines consultation itself in a series of case studies, including Hopi efforts to preserve the sacred San Francisco Peaks in the Coconino National Forest from further encroachment by a ski resort, the Washoes' effort near Lake Tahoe to protect Cave Rock from an influx of rock climbers, the Forest Service's plan for the Blackfeet site Badger-Two Medicine, and religious freedom cases involving the Makahs, the Quechans, the Western Apaches, and the Standing Rock Sioux. These cases illuminate the strengths and dangers inherent in the consultation process. They also illustrate the need, for Natives and non-Natives alike, to learn the history of North America in order understand the value of protecting the many cultural and sacred sites of its many indigenous peoples. Many Nations under Many Gods reveals - and works to meet - the urgency of this undertaking.
Many highly industrialized countries are rapidly adopting new environmental policy instruments (NEPIs) such as eco-taxes, tradable permits, voluntary agreements and eco-labels. This apparently profound shift has prompted widespread claims that NEPIs have eclipsed regulation as the preferred tool of environmental policy. This volume offers a fresh perspective on the evolving tool-box of environmental policy by providing a systematic analysis of the policy and politics surrounding the adoption and use of the main NEPIs in a variety of countries. By blending political theories with fresh empirical material, the contributors to this interdisciplinary volume assess the claim that NEPIs have supplanted regulation, heralding a new era of environmental governance in which the state plays a secondary role in sustainability policy-making.
Many highly industrialized countries are rapidly adopting new environmental policy instruments (NEPIs) such as eco-taxes, tradable permits, voluntary agreements and eco-labels. This apparently profound shift has prompted widespread claims that NEPIs have eclipsed regulation as the preferred tool of environmental policy. This volume offers a fresh perspective on the evolving tool-box of environmental policy by providing a systematic analysis of the policy and politics surrounding the adoption and use of the main NEPIs in a variety of countries. By blending political theories with fresh empirical material, the contributors to this interdisciplinary volume assess the claim that NEPIs have supplanted regulation, heralding a new era of environmental governance in which the state plays a secondary role in sustainability policy-making.
First published in 1999, this volume responds to the 1991 enactment by the German government of its Packaging Ordinance, which led to new or revised packaging legislation throughout the European Union. Problems caused by this divergent legislation led to the enactment of the Directive on Packaging and Packaging Waste in late 1994. Unfortunately, the imprecision of the Directive necessary to ensure its enactment has led to further disputes. At the heart of these disputes is the classic struggle between the priorities of environmental protection and economic development. This book analyses the implementation of the Directive by Member States, and in particular, issues such as the imposition of quotas on reusable containers; the use of economic instruments and environmental agreements; and competition issues and state aids. The book enlightens readers to the current debates regarding packaging legislation which continue today, despite the enactment of EU legislation.
Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.
Environmental justice is one of the most controversial and important issues in contemporary social science. Volume 8 of the "Energy and Environmental Policy" series challenges our understanding of environmental justice in a global context. It includes theoretical investigations and case studies by leading authors in the field. Global forces of technology and the development of global markets are transforming social life and the natural order. These changes require a critical examination of nature-society relations. Increasingly, modernization assigns the risks of modernity to those with the least power and greatest vulnerability to environmental harm. Conventional environmentalism, which focuses on critique of the effects of humanity against nature, is inadequate to the challenges of globalization. In particular, it fails to explain sources of persistent patterns of social injustice that accompany escalating environmental exploitation. As the capacity for environmental destruction expands, broader concerns about environmental injustice have come to the fore, including awareness of threats to whole cultures, ways of life, and entire ecologies. The volume's authors consider the links between expanded patterns of environmental injustice and the structures and forces underlying and shaping the international political economy. Environmental injustice is examined across a variety of cultures in the developed and developing world. Through case studies of climate colonialism, revolutionary ecology, and environmental commodification, the global and local dimensions of the problem are presented. The latest volume in this important series demonstrates that environmental justice cannot be reduced to simple parables of indifference, prejudice, or appropriation. It forges understanding of environmental injustice as a development of international political economy itself. Likewise, initiatives on behalf of environmental justice are seen as elements of broader movements to secure self-determination in a globalizing world. This book will be of interest to policymakers, energy and environmental experts, and all those interested in the environment and environmental law. It provides new perspectives on the place of environmental justice in international political and economic conflict. John Byrne is director of the Center for Energy and Environmental Policy, University of Delaware. Leigh Glover is a research fellow at the same Center. Cecilia Martinez is a professor of ethnic studies at the Metropolitan State University (Minnesota) and a research associate of the American Indian Research and Policy Institute.
The purpose of this textbook is to provide a well-rounded working knowledge of both climate change and environmental sustainability for a wide range of students. Students will learn core concepts and methods to analyze energy and environmental impacts; will understand what is changing the earth's climate, and what that means for life on earth now and in the future. They will also have a firm understanding of what energy is and how it can be used. This text intends to develop working knowledge of these topics, with both technical and social implications. Students will find in one volume the integration and careful treatment of climate, energy, and sustainability.
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors' interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states' asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states' interests to be voiced and considered in compliance decision-making processes.
Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation - be it forest, wildlife, marine, coastal, etc. - their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India's National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1957 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.
The U.S. Environmental Protection Agency (U.S. EPA) publishes several series of documents that provide up-to-date information about environmental site assessment and remediation. The EPA Environmental Engineering Sourcebook includes papers and bulletins that focus on remediation of soil and groundwater, making them available in a convenient form. This book compiles thirty-five documents- written by recognized leaders - on major methods and promising new techniques for hazardous waste treatment and site remediation. Each chapter evaluates the type of contaminant and site characteristics needed to select a technology for use at hazardous waste sites. The EPA Environmental Engineering Sourcebook presents EPA documents in an easy-to-use, concise format. It contains numerous graphs, charts and figures that make it an important resource for those involved in environmental protection, site remediation, and site assessment. Features Contains chapters written by recognized leaders Examines major methods as well as assesses new techniques for hazardous waste treatment and site remediation Presents information in an easy-to-use, concise format Evaluates each type of contaminant and site characteristics for selecting technology at hazardous waste sites
In the context of increasing division and segregation in cities across the world, along with pressing concerns around austerity, environmental degradation, homelessness, violence, and refugees, this book pursues a multidisciplinary approach to spatial justice in the city. Spatial justice has been central to urban theorists in various ways. Intimately connected to social justice, it is a term implicated in relations of power which concern the spatial distribution of resources, rights and materials. Arguably there can be no notion of social justice that is not spatial. Philippopoulos-Mihalopoulos has argued that spatial justice is the struggle of various bodies - human, natural, non-organic, technological - to occupy a certain space at a certain time. As such, urban planning and policy interventions are always, to some extent at least, about spatial justice. And, as cities become ever more unequal, it is crucial that urbanists address questions of spatial justice in the city. To this end, this book considers these questions from a range of disciplinary perspectives. Crossing law, sociology, history, cultural studies, and geography, the book's overarching concern with how to think spatial justice in the city brings a fresh perspective to issues that have concerned urbanists for several decades. The inclusion of empirical work in London brings the political, social, and cultural aspects of spatial justice to life. The book will be of interest to academics and students in the field of urban studies, sociology, geography, planning, space law, and cultural studies.
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.
The European Union has long played a leadership role in the global response to climate change, including the development and dissemination of climate-friendly technologies such as renewable energy. EU diplomacy has been a vital contributor to the development of international cooperation on climate change through the agreement of the United Nations Climate Convention, its Kyoto Protocol and, most recently, the Paris Agreement. In addition, the election of Donald Trump as President of the United States means that the EU contribution to climate diplomacy will become more important still, both in filling the leadership gap (together with other major economies) and in responding to any sabotage by the Trump administration. This book will extend knowledge of the EU as a key actor in climate diplomacy by bringing together leading practitioners and researchers in this field to take stock of the EU's current role and emerging issues. Contributions will be grouped into three strands: 1) the interplay between EU climate diplomacy and internal EU politics; 2) how the EU's legal order is a factor that determines, enables and constrains its climate diplomacy; and 3) the EU's contribution to diplomacy concerning climate technology both under the Climate Convention and more broadly. Collectively, these contributions will chart the EU's role at a critical time of transition and uncertainty in the international response to climate change. EU Climate Diplomacy: Politics, Law and Negotiations will be of great relevance to students, scholars and policymakers with an interest in international climate politics and policy, transnational environmental law and politics and EU studies more generally.
This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of "nature" as "property" and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.
This newly revised edition is an up-to-date and concise volume, clarifying the Building Acts and Regulations relating to houses, flats and maisonettes, for all construction professionals and students. Each chapter forms a self-contained unit covering all the regulation requirements applicable to a particular part of a building, dealing with each part in turn. With this single volume, professionals can ensure that all regulations are fully covered in respect of houses, flats and maisonettes. Inclusion of the July 1995 changes in the Acts and Regulations ensures the text provides the very latest information. An ideal reference book for architects, builders, structural and building services engineers. Essential supplementary reading for students undertaking courses in any of the above at HNC, HND and degree level. |
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