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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Licensing law is a wide ranging , detailed and complex body of law within the UK. This book comes at a time when local authorities are required to consider and approve, or reject, applications for an increasing number and very wide range of licences. The book provides easy to read, and easy to follow procedures for a wide range of licences which local authorities and other public bodies are required by law to consider and issue. Each chapter addresses a distinct topic and the book includes guidance on local authority and court procedures. The main legal procedures used in the licensing field are presented as flow charts supported by explanatory text. Licensing professionals and students will find this essential reading. It will also be a valuable reference for all those whose responsibilities demand they keep abreast of current licensing practices.
This book explores the relationship between law and geography, particularly in relation to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. The book is structured according to conceptual frames - boundaries, land, property, nature, identity (persons, peoples and places), culture and time, and knowledge.
Real Estate Due Diligence is the first textbook on due diligence, the cornerstone of every successful real estate deal. Due diligence is designed to uncover potential risks posed by a real estate acquisition, financing, or development project and failure to carry it out successfully can result in costly oversights and diminished investment returns. This book demonstrates how to assess and manage legal risks on properties such as office buildings, shopping centres, industrial buildings, apartments, and hotels-before the transaction closes. Real estate students and practitioners are taken through all of the essential due diligence areas, including: Titles and ownership issues Zoning and land use Liens and mortgages Condition assessments Environmental and operational concerns And lease analysis Throughout the book, major laws and court cases are used to illustrate due diligence issues and provide rich opportunities for classroom study and discussion. Practice points and comprehensive due diligence checklists help readers to go on to put their learning in practice. This book fills a gap in the real estate literature and is perfect for use as a college textbook, a practitioner's guide, or for industry training.
Real Estate Due Diligence is the first textbook on due diligence, the cornerstone of every successful real estate deal. Due diligence is designed to uncover potential risks posed by a real estate acquisition, financing, or development project and failure to carry it out successfully can result in costly oversights and diminished investment returns. This book demonstrates how to assess and manage legal risks on properties such as office buildings, shopping centres, industrial buildings, apartments, and hotels-before the transaction closes. Real estate students and practitioners are taken through all of the essential due diligence areas, including: Titles and ownership issues Zoning and land use Liens and mortgages Condition assessments Environmental and operational concerns And lease analysis Throughout the book, major laws and court cases are used to illustrate due diligence issues and provide rich opportunities for classroom study and discussion. Practice points and comprehensive due diligence checklists help readers to go on to put their learning in practice. This book fills a gap in the real estate literature and is perfect for use as a college textbook, a practitioner's guide, or for industry training.
The EU has been the region of the world where the most climate policies have been implemented, and where practical policy experimentation in the field of the environment and climate change has been taking place at a rapid pace over the last twenty-five years. This has led to considerable success in reducing pollution, decoupling emissions from economic growth and fostering global technological leadership. The objective of the book is to explain 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 book shows that there is no single policy instrument that can bring down greenhouse gas emissions, but the challenge has been to put a jigsaw of policy instruments together that is coherent, delivers emissions reductions, and is cost-effective. The book differs from existing books 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. Set against the backdrop of the 2015 UN Climate Change conference in Paris, this accessible book will be of great relevance to students, scholars and policy makers alike.
Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
Efforts to teach students pursuing graduate degrees in urban and regional planning are often frustrated by the "case books" that have been prepared for use by law professors teaching similar courses. Dawn Jourdan and Eric J. Strauss have attempted to take their concerns to heart in the design of this Planning for Wicked Problems: A Planner's Guide to Land Use Law. Each chapter begins with a planning problem that is complex and has no "correct" answer. Students should answer this hypothetical before reading the subsequent sections of each of the chapters. The second section of each chapter provides a primer for each topic. This primer is meant to summarize the basic principles of the law and to identify the types of questions relevant to planners when such issues arise. The third section of each chapter includes a series of edited court opinions. The cases selected have been identified by American Institute of Certified Planners as those fundamental to planning education. Each chapter concludes with an answer to the proposed wicked planning problem. Planning for Wicked Problems has been written to demonstrate to future planners how the law may be a useful tool in helping them invent solutions to wicked planning problems. The book features a companion website for additional study and review.
The economic approach to environmental law and policy has become the dominant framework for analyzing pollution, resource management and many other environmental challenges throughout the world. This two-volume set presents essential articles from both the leading edge of methodological innovation in environmental law and economics and the bedrock of theory upon which all such innovations are built. The editors' extensive introduction contextualizes the selected papers, highlighting the central theoretical and empirical challenges facing future advancement of this discipline. An impressive collection that is indispensable to policymakers, scholars and those with an interest in the developments in this ever-important field.
This research review identifies several of the most important and influential journal articles and papers in the broad field of climate law. The editor discusses essential scholarship not just on the international law making process and on mitigation (emissions trading, taxes, the CDM, REDD+, etc.), but also on adaptation (in a wide variety of fields such as sea level rise, water, biodiversity, cities, agriculture etc.), liability, climate justice and human rights, and on climate engineering.
Change and development are going on all around us. On both an international platform, as well as at the local governmental and community level, governments, decision and policy makers constantly strive to improve the world in which we live, seeking to make it better and to improve quality of life. This book focuses on such development in the context of localism in the UK. It strips the principle of local sustainability down to its constituent parts and considers the extent to which it can be said to be central to local life. As part of this, it presents the case for the importance of accountability and citizen participation in achieving objectives aligned with sustainability, and illustrates the relationships that these principles share. On this foundation, it evaluates local government in the UK, as well as examples of community-led regeneration initiatives and bodies, and seeks to determine both the nature of their pursuit of sustainability and the extent to which accountability and citizen participation play a part in that pursuit. It shows that local sustainability is enhanced by accountability and citizen participation; those principles ensuring that local people can be central to the process. Whilst its evaluations of local democratic systems in the UK reveal certain issues as regards the extent to which this is reflected in practice, it at least demonstrates an enthusiasm and awareness of the important role that accountability and citizen participation can play in the process of local sustainability. The book is aimed at legal academics, with relevance also to students in law, environmental politics and sustainable development, as well as those working in government policy and political practice.
For much of our history, legal scholars focused predominantly on the law's implications for human beings, while ignoring how the law influences animal welfare. Since the 1970s, however, there has been a steep increase in animal advocates' use of the courts. Animal law has blossomed into a vibrant academic discipline, with a rich literature that examines how the law affects animal welfare and the ability of humans to advocate on behalf of nonhuman animals. But most animal law literature tends to be doctrinally-based or normative. There has been little empirical study of the outcomes of animal law cases and there has been very little attention paid to the political influences of these outcomes. This book fills the gap in animal law literature. This is the first empirically-based analysis of animal law that emphasizes the political forces that shape animal law outcomes.
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.
For much of our history, legal scholars focused predominantly on the law's implications for human beings, while ignoring how the law influences animal welfare. Since the 1970s, however, there has been a steep increase in animal advocates' use of the courts. Animal law has blossomed into a vibrant academic discipline, with a rich literature that examines how the law affects animal welfare and the ability of humans to advocate on behalf of nonhuman animals. But most animal law literature tends to be doctrinally-based or normative. There has been little empirical study of the outcomes of animal law cases and there has been very little attention paid to the political influences of these outcomes. This book fills the gap in animal law literature. This is the first empirically-based analysis of animal law that emphasizes the political forces that shape animal law outcomes.
This timely book discusses various international norms that qualify the right, which all states have, to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species.It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply 'interpreted away' but require the further development of international law in order to be resolved.
This study considers the topical problem of defining and valuing "environmental damage" from the perspective of international and comparative law. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.
This book investigates the consequences of redundant state and federal environmental regulations in the United States. Drawing on the most exhaustive statistical analysis of US federal wetland permits ever constructed, the book uncovers the disjointed world of wetland regulation. The author starts by examining the socioeconomic and environmental factors driving individuals to apply for environmental regulatory permits and the regional inconsistencies encountered in federal environmental regulatory program performance. The book goes on to demonstrate that states have more power in federal relationships than scholars often believe and that individual state policies are important even in a time of strong federal governance. Evidence shows that such intergovernmental redundancy serves to increase overall regulatory program effectiveness. This book breaks new ground in the subjects of federalism and environmental regulation by rejecting the traditional approach of picking winners and losers in favour of a nuanced demonstration of how redundancy and collaboration between different levels of governance can make for more effective governmental programs. The book is also innovative in its use of the perspectives of regulated citizens not as a point of judgment, but as a means of introducing a constructive new way of thinking about political and administrative boundaries within a federalist system of governance. The book provides relevant context to wider political debates about excessive and duplicative regulatory oversight and will be of interest to Environmental Policy students and administrators.
Originally published in 1995, Analyzing Superfund outlines the key issues of the superfund reauthorization debate in the United States. The Superfund law faced criticism for being wasteful, inefficient and expensive. These papers sought to shed light on this argument in relation to clean-up standards, the liability regime, transaction costs and natural resource damage. This title will be of interest to students of Environmental Studies and professionals
National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.
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.
The VAT Carousel Fraud has seriously undermined the financial integrity of the European Union Emissions Trading Scheme (EU ETS). This timely book is the first to give an overview of fraud in the carbon market. Written by a former broker, it presents unique material on the carbon fraud mechanics and analyses the missing trader fraud (VAT fraud) on European carbon allowances markets with a focus on financial and organised crime issues. Fraud and Carbon Markets: The Carbon Connection assesses the weaknesses of the Kyoto Protocol and environmental markets, using statistics as a forensic tool on the capital markets. It describes specific cases, the court investigations and various mechanisms. It addresses issues of money laundering and international fraud on capital markets, such as stock manipulation, by exploring the financial mechanisms of the fraud, their impact on the market behaviour and the consequences on their econometric features. Researchers and students in climate change policy, environmental finance, financial law, organised crime, forensic statistics, financial regulation and risk management as well as financial regulators and policy makers will find this book of great interest.
This book focuses on River Basin Organizations as the key institutions for managing internationally shared water resources. This includes a comparative analysis of all River Basin Organizations worldwide and three in-depth case studies from three different continents. The detailed case studies are the Senegal (West Africa), Mekong (South-east Asia) and Danube (Europe) rivers. The book contributes to the academic debate on how shared natural and environmental resources can be managed in a sustainable way and which institutional and legal mechanisms actually matter for doing so. It adopts the neo-institutionalist approach, according to which international environmental institutions do make a difference. The analysis not only confirms this argument for the specific case of shared water resources, but also refines existing hypotheses on the influence of different independent variables, namely the nature of the collective action problem, the constellation of actors and the institutional design of an international environmental institution. The work also contributes to the policy debate on how to better govern internationally shared natural resources and the environment. It provides policy makers with advice on which exogenous conditions to be aware of when managing water resources they share with co-riparians and which institutional design features and governance mechanisms to set up in order to increase effectiveness in management.
The Regulation of Animal Health and Welfare draws on the research of scientists, lawyers, economists and political scientists to address the current and future regulatory problems posed by the issues of animal health and disease. Recent events such as the outbreak of mad cow disease, concerns about bluetongue in sheep, and the entry into the food chain of the offspring of cloned cattle, have heightened awareness of the issues of animal disease and welfare. This book critically appraises the existing regulatory institutions and guiding principles of how best to maintain animal health in the context of social change and a developing global economy. Addressing considerations of sound science, the role of risk management, and the allocation of responsibilities, it also takes up the theoretical and practical challenges which here - and elsewhere - attend the co-operation of scientists, social scientists, lawyers and policy makers. Indeed, the collaboration of scientists and social scientists in determined and regulatory contexts such as that of animal disease is an issue of ever-increasing importance. And this book will be of considerable value to those with interests in this issue, as well as all those concerned with the law and policy relating to animal health and welfare
For some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how 'smart' enforcement networks have become, and indeed need to be, in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book's contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.' - Klaus Bosselmann, University of Auckland, New Zealand'This book is a fascinating and original study of a little known phenomenon of environmental enforcement networks. In 26 chapters of this volume the reader is presented with ample examples of environmental enforcement networks in the world. The editors of this book achieved a great success in presenting this question in almost all continents. The contributing authors of this book, theorists and practitioners, present an in-depth overview of the role of networks in compliance with environmental obligations. It is a very well-informed and honest book, from which a very complex picture of enforcement networks emerges. This volume is one of the most important and indispensable contributions to understanding the problem of the enforcement of environmental law in general.' - Malgosia Fitzmaurice, Queen Mary University of London, UK Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement. Presenting a general theory of how and why networking can increase the effectiveness of environmental enforcement, expert contributors ascertain the potential benefits of environmental enforcement networks. Specific criteria and benchmarks are provided, indicating under which circumstances networking may increase the competency of environmental enforcement. The book explores theoretical and empirical discussions of the benefits of networks, offering a discerning assessment of enforcement networks' influence on environmental protection. It also examines issue based examples of networks, such as networks dealing with transboundary waste or wildlife. In addition to this, environmental enforcement in particular areas, such as the US, Europe, Australia or Africa, is considered. Academics in environmental law and policy will benefit from this thorough overview of an important phenomenon. In addition, practitioners and policy makers will appreciate the valuable insights presented. Contributors include: M. Angelov, B. Araba Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T. Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W. Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G. Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L. Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P. Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C. Perez, G. Pink, H. Qin, H. Ruessink, Z. Sava an, A. Stas, G.M. Vagliasindi, E. Van Asch, J. Yang, D. Zaelke
Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of 'Reduced Emissions from Deforestation and Degradation' (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples. This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.
Climate change is one of the central challenges facing African countries and their people. Unless concerted efforts are made worldwide very soon to reduce emissions, climate change impacts are likely to be devastating. Higher-end temperature scenarios present a dark future jeopardising secure access to basic needs such as water, food, housing and a healthy environment, as well as adding to the stressors on natural resources. Those who will suffer the most from the challenges posed by climate change have contributed the least to the problem in the first place: the poor and vulnerable, especially in developing countries. To make matters worse, these are the same people who have benefited the least from modernisation and industrialisation and have a relatively small carbon footprint. This is a double injustice. While climate justice and social justice are difficult to disentangle, neither the legal systems nor the main actors framing the dominant climate change narratives seem sufficiently attentive to the double-edged justice questions posed by the impacts of climate change on poor communities. This book attempts to fill some of the gaps in climate change scholarship by focusing on the climate narratives emerging in and around South Africa - how they relate to broader issues of social justice and resource allocation, and the role of rights talk and legal strategies in the framing of the problems and solutions. In doing so, the book contributes to developing rights- and justice-based strategies for translating knowledge into action. The authors approach the issues from different discourses and practices, but all have in common the integration between fairness related to environmental issues and fairness related to socio-economic issues. |
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