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.

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.

Deliberative democracy is well-suited to the challenges of governing in the Anthropocene. But deliberative democratic practices are only suited to these challenges to the extent that five prerequisites - empoweredness, embeddedness, experimentality, equivocality, and equitableness - are successfully institutionalized. Governance must be: created by those it addresses, applicable equally to all, capable of learning from (and adapting to) experience, rationally grounded, and internalized by those who adopt and experience it. This book analyzes these five major normative principles, pairing each with one of the Earth System Governance Project's analytical problems to provide an in-depth discussion of the minimal conditions for environmental governance that can be truly sustainable. It is ideal for scholars and graduate students in global environmental politics, earth system governance, and international environmental policy. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

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.

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?

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

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.

This volume examines energy security in a privatized, liberalized, and increasingly global energy market, in which the concept of sustainability has developed together with a higher awareness of environmental issues, but where the potential for supply disruptions, price fluctuation, and threats to infrastructure safety must also be considered. Part I commences with an essential introductory chapter which defines energy security and sets forth the key issues and themes of the book. There then follow several cross-cutting chapters which include sceptical analysis of energy security claims from an environmental perspective and a broader geopolitical analysis of energy security. Part II examines a wide variety of international, regional, and national approaches to energy security issues. Energy security concerns differ considerably from country to country, however most of the chapters examining particular nations provide an economic and historical context of their energy security concerns, followed by a detailed analysis of the legal provisions relating to each of the main energy sectors (oil, gas, coal, electricity, nuclear, and renewable energies). This entails examination of regulation, organization, and planning for security and other purposes. In a number of cases, energy security law is shaped by other factors such as market liberalization, environmental protection, and competition policy. Part III comprises two final chapters, the first contrasting the various national and regional approaches and analysing cross-cutting issues, whilst the concluding chapter forecasts future trends in the legal regulation of energy security.

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.

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.

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 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.

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.

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.

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

Renewable and carbon-neutral energy have been promoted as the future of energy production in the United States. Non-traditional energy sources show promise as alternatives to fossil fuels and may provide a sustainable source of energy in increasingly uncertain energy markets. However, these new sources of energy face their own set of political, administrative, and legal challenges. Green vs. Green explores how mixed land ownership and existing law and regulation present serious challenges to the development of alternative energy sources in the United States. Analytically examining and comparing five green energy sectors; wind, solar, geothermal, biofuel and hydro power, Ryan M. Yonk, Randy T. Simmons, and Brian C. Steed argue that discussing alternative energy without understanding these pitfalls creates unrealistic expectations regarding the ability to substitute "green" energy for traditional sources. The micro-goals of protecting individual areas, species, small-scale ecosystems, and other local environmental aims often limits ability to achieve macro-goals like preventing global climate change or transitioning to large-scale green energy production. Statutes and regulations designed to protect environmental and cultural integrity from degradation directly conflict with other stated environmental ends. Although there is substantial interest in adding clean energy to the grid, it appears that localized environmental interests interfere with broader environmental policy goals and the application of existing environmental laws and regulations may push us closer to gridlock. Green vs. Green provides a fascinating look into how existing environmental law created or will create substantial regulatory hurdles for future energy generations.

This book provides a range of perspectives on some of the most pressing contemporary challenges in EU environmental law and governance from some of today's leading European environmental academics and practitioners. The book maintains a focus on three key cross-cutting issues, each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second issue explored concerns the challenge of integrating environmental considerations into other policy areas, as is required by the Treaty on the Functioning of the European Union and the EU's Charter of Fundamental Rights. Finally, the third theme centres on the important challenge of improving environmental enforcement within the EU, and considers issues such as the Aarhus Convention and the evolution of the Commission's work on implementation and enforcement throughout the past twenty years. Each of these three themes is situated within the broader ongoing debate about the changing nature of European environmental governance post-Lisbon and the ways in which developments in this area fits within broader trends in European governance theory and policy generally. European Perspectives on Environmental Law and Governance contains contributions from experts in the field including; Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.

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.

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.

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

This is a companion book to Earthscan's 2010 book Climate Change Adaptation and International Development. This book consists of summarised case studies looking at climate change mitigation specifically in Asia, the region producing the most greenhouse gas emissions. It examines international development from the perspective of climate change mitigation and looks at how international communities and donors support developing nations by funding, technical assistance and capacity building.

At the 1992 United Nations Conference on Environment and Development, popularly known as the Rio Earth Summit, the world's leaders constructed a new "sustainable development" paradigm that promised to enhance environmentally sound economic and social development. Twenty years later, the proliferation of multilateral environmental agreements points to an unprecedented achievement, but is worth examining for its accomplishments and shortcomings. This book provides a review of twenty years of multilateral environmental negotiations (1992-2012). The authors have participated in most of these negotiating processes and use their first-hand knowledge as writers for the International Institute for Sustainable Development's Earth Negotiations Bulletin as they illustrate the changes that have taken place over the past twenty years. The chapters examine the proliferation of meetings, the changes in the actors and their roles (governments, nongovernmental organizations, secretariats), the interlinkages of issues, the impact of scientific advice, and the challenges of implementation across negotiating processes, including the Framework Convention on Climate Change, the Convention to Combat Desertification, the Convention on Biological Diversity, the Commission on Sustainable Development, the UN Forum on Forests, the chemicals conventions (Stockholm, Basel and Rotterdam), the Montreal Protocol on Substances that Deplete the Ozone Layer, the Convention on International Trade in Endangered Species, the Convention on Migratory Species and the International Treaty on Plant Genetic Resources for Food and Agriculture.

This is a companion book to Earthscan's 2010 book Climate Change Adaptation and International Development. This book consists of summarised case studies looking at climate change mitigation specifically in Asia, the region producing the most greenhouse gas emissions. It examines international development from the perspective of climate change mitigation and looks at how international communities and donors support developing nations by funding, technical assistance and capacity building.

The Strategic Environmental Assessment Directive (Directive 2001/42/EC) (SEA Directive) has been a lurking legal presence in EU and UK environmental law. Now, just over a decade since its implementation, the impacts of the SEA Directive are beginning to be felt throughout the UK, and more broadly throughout the European Union as a whole. These developments have been driven both by the expansive interpretation of the Directive's scope by the Court of Justice of the European Union and by a slow learning process about how this new type of regulation should be legally interpreted and applied. This edited collection is the first volume to reflect comprehensively on the emerging legal identity of SEA in the EU and UK. With contributions addressing the impact of the SEA Directive on the fields of town and country planning and European environmental law, the book is a comprehensive analysis of all aspects of the Directive, from its history and scope, to its impact on governmental policy and its implications in practice. The volume both reflects on key cases such as Case C-567/10 Inter-Environnement Bruxelles and HS2, and looks forward, as it considers and projects future legal implications of the SEA Directive. Written by a blend of distinguished academics and leading practitioners, it provides an in-depth critique and rounded appreciation of both the immediate practical effects of SEA and its wider impact on European and UK environmental law.