The development control and planning law system of the United Kingdom is one of the most comprehensive and detailed in the world. Development control is one of the most significant matters concerning anyone involved in the development of land, and an understanding of the legislation and enforcement of these powers is essential to the success of any development project.

This book is the fourth edition of a highly regarded work widely used by students and practitioners of real estate management, development, surveying, valuation, planning and law. Written by two experienced experts on law and the UK planning system, Development and Planning Law is essential reading for anyone involved in building and construction, surveying, planning and development, and who needs to know the law as it relates to their everyday professional practice.

It has been extensively updated to reflect the most recent legal developments, including the 2011 Localism Act.

This study explores the politics of American Indian and Hispanic women leaders in New Mexico's environmental policymaking arena. Using non-random purposive sampling, 50 women were selected for participation who were political activists in grassroots organization or public officials, elected or appointed to local, state or tribal government. Personal interviews were employed to gather data on their political socialization, their leadership trajectories, their motives for engagement in public life, their political ideology, their racial-ethnic- and gender identity and their policy agendas and strategies for influencing public policymaking.

The participation of the European Union and the Member States in international climate change policy is a complex issue. This book provides a clear guide to the subject which will help students and professionals alike to interpret and easily navigate to the information they require. It does so by explaining the foundations of European climate and clean energy law and policy, and the position of the European Union in the international climate dialogue. It then goes on to provide a unique commented overview of legislation and policy adopted in Europe since the early 1990s.

Key topics covered include:

• EU Emissions Trading Scheme and the Linking directive
• greenhouse gas emissions monitoring and reporting
• electricity from renewable energy sources
• energy efficiency
• land, marine and air transport
• fluorinated and other gases
• carbon capture and storage
• post-2012 phase
• impacts and adaptation
• climate change litigation
• compliance.

It concludes with a full review of relevant literature.

A concise collation of the relevant materials for each relevant stage of an appeal. Taking costs applications as an example, it brings together: the statutory basis for a costs award; the relevant procedure rules; the guidance in the National Planning Practice Guidance; summaries or extracts example costs decisions which show how particular points are often decided and provides commentary and observations. Preparing. Provides a step by step guide to framing a case, supporting it with effective evidence and advice on how to avoid pitfalls. Giving evidence. The focus of any appeal is the inquiry or hearing. The function of the inquiry and its key elements have to be understood in order to be effective within it. It covers the benefits of a good examination in chief; what can be achieved during cross examination and how are you (as witness, client, solicitor) going to contribute; does re-examination matter and how does all this relate to what is said ultimately in closing submissions? The Rosewell Review. Provides detailed explanation of the impact of the Rosewell Review.

States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nation 's imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis.This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation.

This book deals with institutional reforms in response to a mounting environmental crisis in Vietnam. The author introduces the reader to the most important environmental problems that Vietnam is currently facing and shows how the emphasis on economic growth has come at the expense of the natural environment. Following an assessment of the still deteriorating environmental situation, the book develops a theoretical framework of institutional change within the political system seeking to overcome the traditionally static understanding of institutions. The empirical analysis devotes attention to the main aspects on Vietnam's environmental governance including the government, society, businesses and international organizations. The book is based on four years of empirical research including interviews with government officials and representatives of international and national non-governmental organizations, observations of meetings, official documents, and numerous Vietnamese newspaper reports. This book is directed both at academics, students, as well as development practitioners and activists. It seeks to engage those working in the fields of environmental politics, governance, and institutional change in one-party states.

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.

This study explores the reasons behind the different responses of the legal systems of Europe, Japan and the USA in coping with BSE, one of the major food safety crises in recent years. Making reference to the most recent advances on risk perception that cognitive and social sciences, such as legal anthropology and sociology of law, have experimented with, Risk Perception, Culture, and Legal Change examines the role that culture plays in moulding the process of legal change. Attention is focused on the regulative frameworks implemented to guarantee the safety of the food chain against the BSE menace and on the liability responses sketched to compensate the victims of mad cow disease, showing how both these elements have been influenced by the cultural context within which they are situated.

This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.

Climate change is dramatically affecting freshwater supplies, particularly in the developing world. The papers in this volume present a powerful case for and exploration of different freshwater adaptation strategies in the face of global climatic change. The volume centres on six detailed case studies, from India, China, Mexico, Brazil, the lower Danube basin and Tanzania, written by experienced local academics and practitioners. They assess autonomous adaptation in the freshwater sector, drawing out key lessons about what motivated these societies to change, which factors led to more successful adaptation, and how interventions may best be sustained. The volume also contains a global overview of the lessons derived from these experiences. It sheds light on two key theories: that vulnerability to climate change is best reduced by reducing poverty and promoting sustainable development first, or by reducing bio-physical risks from climate change. The publication also highlights the need to ensure that access to more precise climate change impact data is not used as an excuse to delay implementation of no regrets adaptation measures.

This volume provides a simple and practical explanation of the most important aspects of EC environment law. It introduces the EC and its institutions, explains the main environmental laws - air and noise, chemicals and industrial risks, nature conservation, waste and water - how these laws can be used, how EC law is made and how to influence its development. It includes useful case studies and suggestions for further reading to those wishing to carry out further research in a particular area.

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.

Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way. The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyzes the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyzes the role of SEA in the conservation conventions, particularly the Ramsar Convention on Wetlands of International Importance, the Convention on Migratory Species, the Convention for the Protection of the World Cultural and Natural Heritage, and the Convention on Biological Diversity.Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programs Directive, and the Structural Funds Regulations. Finally, the volume draws conclusions about the relationship and comparisons between international and European law generally, and inregulating SEA.

The development of the carbon markets on the back of laws designed to mitigate climate change has been swift. Billions of euros of emission rights are now being traded around the world under cap and trade markets such as the EU Emissions Trading Scheme and from projects under the Kyoto Protocol. This market looks set to expand significantly over the next few years, with a number of countries, including the United States and Australia, considered likely to introduce market-based climate change mitigation measures. In addition, climate change issues are now impacting on a number of other more traditional practice areas for lawyers, including litigation, transactional work and real estate. Featuring a Preface by HRH The Prince of Wales, this important title introduces climate change law and describes how it has evolved. The book describes how carbon projects - particularly those under the Kyoto Protocol - are set up and operated, and how the credits from those projects are brought to the market. It also describes the operation of the carbon markets, with an exploration of how the current markets may be expanded to create a global market in the future. The final part considers how climate change issues are impacting on other areas such as accountancy and taxation, corporate social responsibility, transactions, litigation, competition and real estate. This book provides an in-depth overview of the current climate change issues facing lawyers and other professionals, including accountants, consultants, bankers and tax advisers. It provides a valuable source of information for those new to this fast-evolving sector through to more experienced climate change professionals.

Archaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. However other problems may be less obvious and harder to address, and require solutions which go much further than the simple application of the law. The aim of this volume is to address several issues surrounding the management of archaeological heritage comparing and contrasting which laws 'work' and which ones do not, and ignoring other issues which might effectively present the transplantation of an 'ideal system' to another country or political climate. Or the cultural attitudes which might prevent a law working in the legal system for which it was designed. The contributions are from various international jurisdictions and address a variety of subjects - from the protection of archaeological monuments to dealing with and controlling chance finds made by members of the public.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.

Climate change is arguably the most important environmental issue that the world currently faces. Carbon Capture and Storage (CCS) offers the possibility of significant reductions in the volume of CO2 released into the atmosphere in the near to medium term. As a fairly new technology that has not been widely adopted, there remain some uncertainties related to both viability and desirability. This book discusses the key issues with regard to technical and legal feasibility, economic viability and public and stakeholder perceptions. It also provides recommendations for policy and future research.

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Over five centuries of foreign rule - by Spain, Mexico, and the United States - Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty by two of New Mexico's most distinguished legal historians, Malcolm Ebright and Rick Hendricks. Extending their award-winning work Four Square Leagues, Ebright and Hendricks focus here on four New Mexico Pueblo Indian communities - Pojoaque, Nambe, Tesuque, and Isleta - and one now in Texas, Ysleta del Sur. The authors trace the complex tangle of conflicting jurisdictions and laws these pueblos faced when defending their extremely limited land and water resources. The communities often met such challenges in court and, sometimes, as in the case of Tesuque Pueblo in 1922, took matters into their own hands. Ebright and Hendricks describe how - at times aided by appointed Spanish officials, private lawyers, priests, and Indian agents - each pueblo resisted various non-Indian, institutional, and legal pressures; and how each suffered defeat in the Court of Private Land Claims and the Pueblo Lands Board, only to assert its sovereignty again and again. Although some of these defenses led to stunning victories, all five pueblos experienced serious population declines. Some were even temporarily abandoned. That all have subsequently seen a return to their traditions and ceremonies, and ultimately have survived and thrived, is a testimony to their resilience. Their stories, documented here in extraordinary detail, are critical to a complete understanding of the history of the Pueblos and of the American Southwest.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.

This edited volume presents a comprehensive and comparative view of the law of international watercourses with special reference to the issues facing the Ganges River basin. It provides an analysis of the development of international waterways law and outlines the essentials of the UN Convention on non-navigational uses of international watercourses. Focusing on relations between the three riparian states of the River Ganges and the potential for cooperation, the volume also examines the domestic legal regimes of the area and the political dimension to the issues of sharing the waters of the river. The work presents a comparative picture with an analysis of developments in the Rhine and Mekong basins, comparing developments in the legal regimes of these areas with the experience of South Asia. Presenting an up-to-date analysis of the current law and pointing the direction for future developments, this collection will be a valuable resource for academics, researchers and policy makers working in this area.

Transformation of the Earth's social and ecological systems is occurring at a rate and magnitude unparalleled in human experience. Data science is a revolutionary new way to understand human-environment relationships at the heart of pressing challenges like climate change and sustainable development. However, data science faces serious shortcomings when it comes to human-environment research. There are challenges with social and environmental data, the methods that manipulate and analyze the information, and the theory underlying the data science itself; as well as significant legal, ethical and policy concerns. This timely book offers a comprehensive, balanced, and accessible account of the promise and problems of this work in terms of data, methods, theory, and policy. It demonstrates the need for data scientists to work with human-environment scholars to tackle pressing real-world problems, making it ideal for researchers and graduate students in Earth and environmental science, data science and the environmental social sciences.

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively