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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
This book contains assessment of the progress, or the lack of it, in implementing the UN Sustainable Development Goals (SDGs). Through review of the assessments and of case studies, readers can draw lessons from the actions that could work to positively address the goals. The 2030 Agenda for Sustainable Development is designed to catalyze action in critical areas of importance to humanity and the planet. The effort to implement the SDGs, however, demands a sense of urgency in the face of environmental degradation, climate change, emerging conflicts, and growing inequality, among a number of other socio-economic problems. Five years after the launch of the 2030 Agenda, this book takes stock of how far the world has come and how we can position ourselves to achieve the global targets. The book is one of the first to assess how the implementation is impeded by the onset of COVID-19. It contains a special chapter on COVID-19 and the SDGs, while many thematic chapters on different SDGs also assess how COVID-19 adversely affects implementation, and what measures could be taken to minimize the adverse effects. This publication thus provides a fresh look at implementation of the SDGs highlighting impactful and creative actions that go beyond the business-as-usual development efforts. The volume reinforces this analysis with expert recommendations on how to support implementation efforts and achieve the SDGs through international and national strategies and the involvement of both the public and private sectors. The result is an indispensable textual tool for policy makers, academia, intergovernmental organizations (IGOs) and non-governmental organizations (NGOs), as well as the public, as we march toward the 2030 deadline.
The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.
The Arctic ice cap is melting and scientists are uncertain about how this will affect ecosystems. At the same time, the Arctic is the object of heated political discussion. Who shall extract the oil when the ice disappears? How are marine delimitation lines established? Who will control the new sea routes that are opening up? Who actually owns the Arctic? This volume, edited by a leading academic in the field, brings together some of the most authoritative journal articles on Arctic politics publishes since the end of the Cold War. The articles discuss circumpolar and regional Arctic governance, including the claim that a 'scramble for the Arctic' is underway. Along with an original introduction by Professor Honneland, this collection will be of interest to academics, researchers and students with an interest in the politics of the arctic.
This book traces the relations between the organization of violence and social and political order from ancient Rome to early modern Europe. Following the work of Michel Foucault, the author studies the ways authority, obedience and forms of self-conduct were produced by the micro-techniques used to govern the bodies of violence deployed in different forms of warfare.
This important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book's focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.
This book provides a comparative analysis of environmental regulation in multi-jurisdictional legal and political systems, focusing on the United States, the European Union, and the international community. Each of these systems must deal with environmental interdependencies that cross local borders, in some cases creating regional problems, such as acid deposition, ozone type smog, and pollution of shared water bodies. Some transjurisdictional environmental problems are global, including stratospheric ozone depletion, climate change, and the loss of biodiversity. Other environmental problems, however, are localized in their effect on health and the environment.
This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development. Contributors: A. Brower, Z. Chen, J.W. Dellapenna, A. Du Plessis, M.G. Faure, A. Gardner, N. Goeteyn, M. Hong, K. Jian, A. Kennedy, K. Khoday, R. Kibugi, F. Maes, P. Martin, M. Morel, J. Page, T. Qin, H. Wang, J. Williams, Y. Yanjie, H. Zhang
Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and controversial subject for the first time. Topics covered include administration and enforcement, waste management, EU environmental law, pollution control, environmental permitting, contaminated land, environmental torts and private regulation. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; and updates relating to the defence of statutory authority in the tort of private nuisance. Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject. Susan Wolf is Principal Lecturer in Law at the University of Northumbria. Neil Stanley is Lecturer in Law at the University of Leeds.
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, epidemics of foot and mouth 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 regulation in 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. This book will be of considerable value to those with interests in this issue, as well as those concerned with the law and policy relating to animal health and welfare.
Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.
'This is arguably one of the best books ever written about condominiums. Easthope has researched all aspects of the life-cycle of condominiums, from development to termination, covering multiple jurisdictions across the world. She draws out differences in structures and management, but more importantly, highlights the striking similarities in global residential development. As condominiums increasingly dominate our cities, this book will become an essential resource for all researchers.' - Cathy Sherry, University of New South Wales, Australia With a majority of the world's population now living in cities, apartment living is a necessity. This book explores the potential of private apartment developments (condominiums) to play an important role in modern cities and contribute to a positive urban future. Addressing the influences of housing markets, development practices, planning regimes, legal structures and social and cultural norms on the development and operation of condominiums, Hazel Easthope argues that while the condominium is a child of the neo-liberal city, it has the potential to rebel against its parent by enabling local-level resident action, mobilising place-based politics, and facilitating the creation of local social ties. Including interviews with over 100 specialists across seven countries, this book is an exemplary cross-disciplinary work that studies the past, present and potential of apartment living. A timely and original contribution to current scholarship, this book will be an interesting read for students and researchers of geography, urban studies, planning, social policy and law. Its insights into the complexities of condominiums will also be useful for lawyers, property managers and government officials.
Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news. Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993
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.
This book addresses the problem of 'animal life' in terms that
go beyond the usual extension of liberal rights to animals. The
discourse of animal rights is one that increasingly occupies the
political, ethical and intellectual terrain of modern society. But,
although the question of the status of animals holds an important
place within a range of civil, political and technological
disciplines, the issue of rights in relation to animals usually
rehearses the familiar perspectives of legal, moral and humanist
philosophy. 'Animal law' is fast becoming a topic of significant
contemporary interest and discussion. This burgeoning interest has
not, however, been matched by renewed inquiry into the
jurisprudential frames and methods for the treatment of animals in
law, "n"or the philosophical issue of the 'human' and the 'animal'
"that lies "at law's foundation. Responding to this interest, "Law
and the Question of the Animal: A Critical Jurisprudence" brings
together leading and emerging critical legal theorists to address
the question of animality in relation to law's foundations,
practices and traditions of thought. In so doing, it engages a
surprisingly underdeveloped aspect of the moral philosophies of
animal rights, namely their juridical register and existence. How
does 'animal law' alter our juridical image of personality or
personhood? How do the technologies of law intersect with the
technologies that invent, create and manage animal life? And how
might the ethical, ontological and ceremonial relation between
humans and animals be linked to a common source or experience of
law?
In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called green criminology . Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such environmental victims in criminal justice systems both nationally and internationally. Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of environmental victimisation from a social harms perspective (as opposed to a criminal harms one) thus problematising the definitions of environmental crime found within most jurisdictions. "Victims of Environmental Harm" concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes.
Why do people harm, injure, torture and kill animals? This book evaluates the reasons why these crimes are committed and outlines the characteristics of the animal offender. It considers ethical and value judgements made about animals and the tacit acknowledgement and justification of unacceptable criminal behaviour towards the harming of animals made by offenders. Situating animal abuse, wildlife crime, illegal wildlife trading and other unlawful activities directed at animals firmly within Green Criminology, the book contends that this is a distinct, multi-dimensional type of criminality which persists despite the introduction of relevant legislation. Taking a broad approach, the book considers the killing and harming of animals in an international context and examines the effectiveness of current legislation, policy and sentencing. Including a section on further reading and useful organizations, this book is a valuable exploration into perspectives on the responsibility owed by man to animals as part of broader ecological and legal concerns. It will interest criminologists, ecologists, animal protectionists and those interested in law and society and law and the environment.
Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Written by one of the nation's leading environmental law firms, this handbook 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.
Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
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.
During the negotiations in 2015 that led to the adoption of the Paris Agreement, one of the most contentious issues was the introduction of a dedicated provision in Article 8 on what is known as 'loss and damage'. The adoption of this new article, however, left many questions unanswered. What is the distinction between 'loss and damage', and 'adaptation'? What are the legal implications of the inclusion of loss and damage as an article in a legal treaty? How can financial assistance and compensation best be channelled to victims of climate change loss and damage? What gaps remain in the loss and damage governance system? The Third Pillar of International Climate Change Policy: On 'Loss and Damage' after the Paris Agreement addresses these questions, and numerous others, and explores the present and future of loss and damage in the era of the Paris Agreement. This book provides an up-to-date analysis of 'loss and damage' which is often described as the third pillar of international climate change policy. It is based around four main themes: (i) insurance schemes, (ii) key gaps in loss and damage governance, including non-economic loss and damage and slow-onset events, (iii) legal aspects of loss and damage, and (iv) novel approaches to loss and damage. The chapters in this book were originally published as a special issue of Climate Policy.
This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of 'environmental governance' and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. The rapid changes in economic, social and political life have had an enormous impact on Asia's ecosystems and resources. Asian countries, in the name of economic development, are following the same environmentally destructive path their European counterparts followed in the past. The key to the environmental future of these two regions lies in the evolution of the character of governance - the ensemble of social ethics, public policies and institutions which structure how state actors and the civil society interact with the environment. This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision makers and policy analysts.
The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' member states. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK, and examines the relationship between trade unions and labour law at a national and European level. This analysis illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures, and indicates the kinds of laws that would benefit trade unions at a national and European level.
How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists. Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E. Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H. Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J. Rosenbloom, E. Ryan, J.A. Wentz, H. Wiseman |
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