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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.
Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.
The purpose of this textbook is to provide a well-rounded working knowledge of both climate change and environmental sustainability for a wide range of students. Students will learn core concepts and methods to analyze energy and environmental impacts; will understand what is changing the earth's climate, and what that means for life on earth now and in the future. They will also have a firm understanding of what energy is and how it can be used. This text intends to develop working knowledge of these topics, with both technical and social implications. Students will find in one volume the integration and careful treatment of climate, energy, and sustainability.
This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sami customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sami customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sami is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.
Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.
A gap has long existed between construction professionals a " such as architects, engineers, quantity surveyors and consultants a " and the property development process. The underlying development structures, expressed in terms of legal obligation and accountability, are all too little understood. This practical guide by a highly experienced lawyer identifies the role of the construction professional in a wider context and looks beyond their relationship with their immediate employer. It provides the development professional with an understanding of the many relationships involved in projects, both in terms of contractual obligation and duty of care. This encourages more effective communication between those involved, including joint venture partners, bankers, funders, landowners with an interest in the outcome and tenants.
First published in 1999 , the book is based on papers given at the final workshop of a research project into the evolution of environmental regulation in Poland undertaken as part of the UKs ERSC Global Environmental Change Programme. Other invited papers focused on the development of regulatory policy in transforming economies and in the UK. Furthermore the book highlights the weakness of internal political processes in Poland and the important role played by foreign sponsored pressures whilst exsamaning the divergence between the way environmental charges are supposed to operate and the ways in which they are implemented and enforced. Topics covered include the links between privatisation and the environment, the saline water problem in Upper Silesia, enforcement of and compliance with environmental charges, air pollution in Krakow and the structure of the Polish environmental administration system.
The Paris Framework for Climate Change Capacity Building pioneers a new era of climate change governance, performing the foundational job of clarifying what is meant by the often ad-hoc, one-off, uncoordinated, ineffective and unsustainable practices of the past decade described as 'capacity building' to address climate change. As an alternative, this book presents a framework on how to build effective and sustainable capacity systems to meaningfully tackle this long-term problem. Such a reframing of capacity building itself requires means of implementation. The authors combine their decades-long experiences in climate negotiations, developing climate solutions, climate activism and peer-reviewed research to chart a realistic roadmap for the implementation of this alternative framework for capacity building. As a result, this book convincingly makes the case that universities, as the highest and sustainable seats of learning and research in the developing countries, should be the central hub of capacity building there. This will be a valuable resource for students, researchers and policy-makers in the areas of climate change and environmental studies.
Most scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people's access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceable solutions to reduce world hunger and malnutrition are also advanced, including national capacity building, the improvement of governance, and strategic development of biofuel programs. This book will be of great interest to agricultural trade professionals and consultant policy makers in the EU, US and developing countries. Students and researchers with a concentration on international trade, agriculture economics, global governance and international law will benefit greatly from this study.
This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.
Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.The types of large scale projects, planned as well as under construction in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic ''Environmental and Planning Law Aspects of Large Scale Projects''. The conference focused more specifically on the following aspects:- The role of spatial and environmental planning- Permitting and review procedures- Critical sectoral regimes- Horizontal measuresThis book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.The book is subdivided into six main themes:1. General2. Public participation3. Environmental impact assessment4. Water5. Nature6. Land use
The U.S. Environmental Protection Agency (U.S. EPA) publishes several series of documents that provide up-to-date information about environmental site assessment and remediation. The EPA Environmental Engineering Sourcebook includes papers and bulletins that focus on remediation of soil and groundwater, making them available in a convenient form. This book compiles thirty-five documents- written by recognized leaders - on major methods and promising new techniques for hazardous waste treatment and site remediation. Each chapter evaluates the type of contaminant and site characteristics needed to select a technology for use at hazardous waste sites. The EPA Environmental Engineering Sourcebook presents EPA documents in an easy-to-use, concise format. It contains numerous graphs, charts and figures that make it an important resource for those involved in environmental protection, site remediation, and site assessment. Features Contains chapters written by recognized leaders Examines major methods as well as assesses new techniques for hazardous waste treatment and site remediation Presents information in an easy-to-use, concise format Evaluates each type of contaminant and site characteristics for selecting technology at hazardous waste sites
Through a combination of theoretical and empirical approaches, this book explores the role of international environmental law in protecting and conserving plants. Underpinning every ecosystem on the planet, plants provide the most basic requirements: food, shelter and clear air. Yet the world's plants are in trouble; a fifth of all plant species are at risk of extinction, with thousands more in perpetual decline. In a unique study of international environmental law, this book provides a comprehensive overview of the challenges and restrictions associated with protecting and conserving plants. Through analysing the relationship between conservation law and conservation practice, the book debates whether the two work symbiotically, or if the law poses more of a hindrance than a help. Further discussion of the law's response to some of the major threats facing plants, notably climate change, international trade and invasive species, grounds the book in conservation literature. Using case studies on key plant biomes to highlight the strengths and weaknesses of the law in practice, the book also includes previously unpublished results of an original empirical study into the correlations between the IUCN Red List and lists of endangered/protected species in international instruments. To conclude, the book looks to the future, considering broader reforms to the law to support the work of conservation practitioners and reshape humanity's relationships with nature. The book will be of interest to scholars and students working in the field of international environmental law and those interested more broadly in conservation and ecological governance frameworks.
The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law's empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Many highly industrialized countries are rapidly adopting new environmental policy instruments (NEPIs) such as eco-taxes, tradable permits, voluntary agreements and eco-labels. This apparently profound shift has prompted widespread claims that NEPIs have eclipsed regulation as the preferred tool of environmental policy. This volume offers a fresh perspective on the evolving tool-box of environmental policy by providing a systematic analysis of the policy and politics surrounding the adoption and use of the main NEPIs in a variety of countries. By blending political theories with fresh empirical material, the contributors to this interdisciplinary volume assess the claim that NEPIs have supplanted regulation, heralding a new era of environmental governance in which the state plays a secondary role in sustainability policy-making.
The provision of an adequate means of escape from fire is fundamental to the design of new buildings and to the alteration, change of use or extension of existing buildings. It is essential that means of escape are considered at the earliest stage of a project as mistakes are very expensive to correct later in the design. There is a great deal of legislation on means of escape design and control, but this is scattered throughout a large number of statutes, regulations and guidance documents. Many buildings need to be licensed and/or registered, as well as requiring certification and Building Regulation compliance. This book provides an invaluable reference on the subject for architects, surveyors and building control officers. It: ?identifies the legislation which applies to any particular
building use ?describes the general principles of designing means of escape,
together with a ten step approach for a range of residential and
non-residential buildings ?considers alternative design options based on fire safety
engineering ?outlines fire safety management in premises in use as an aid to employers, who have a statutory duty to undertake fire risk assessments.
The European Union has long played a leadership role in the global response to climate change, including the development and dissemination of climate-friendly technologies such as renewable energy. EU diplomacy has been a vital contributor to the development of international cooperation on climate change through the agreement of the United Nations Climate Convention, its Kyoto Protocol and, most recently, the Paris Agreement. In addition, the election of Donald Trump as President of the United States means that the EU contribution to climate diplomacy will become more important still, both in filling the leadership gap (together with other major economies) and in responding to any sabotage by the Trump administration. This book will extend knowledge of the EU as a key actor in climate diplomacy by bringing together leading practitioners and researchers in this field to take stock of the EU's current role and emerging issues. Contributions will be grouped into three strands: 1) the interplay between EU climate diplomacy and internal EU politics; 2) how the EU's legal order is a factor that determines, enables and constrains its climate diplomacy; and 3) the EU's contribution to diplomacy concerning climate technology both under the Climate Convention and more broadly. Collectively, these contributions will chart the EU's role at a critical time of transition and uncertainty in the international response to climate change. EU Climate Diplomacy: Politics, Law and Negotiations will be of great relevance to students, scholars and policymakers with an interest in international climate politics and policy, transnational environmental law and politics and EU studies more generally.
Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation - be it forest, wildlife, marine, coastal, etc. - their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India's National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
The adoption of administrative procedures in global governance has the potential to foster proper consideration of marginalized actors' interests, yet risks entrenching the dominance of the well-resourced and powerful. Accordingly, this book proposes a new framework for evaluating the extent to which administrative procedures in the compliance systems of multilateral environmental agreements constrain power and promote regard for the interests of affected states, which are frequently developing and transition countries. This framework is applied to the compliance systems under the Montreal Protocol, the Kyoto Protocol and CITES, which address critical global environmental issues of ozone-layer depletion, climate change and trade in endangered species, respectively. The analysis shows that, under certain conditions, administrative procedures limit the influence of states' asymmetric power on compliance deliberations. Furthermore, systematic adoption of these procedures increases the opportunities for affected states' interests to be voiced and considered in compliance decision-making processes.
First published in 1999, this volume responds to the 1991 enactment by the German government of its Packaging Ordinance, which led to new or revised packaging legislation throughout the European Union. Problems caused by this divergent legislation led to the enactment of the Directive on Packaging and Packaging Waste in late 1994. Unfortunately, the imprecision of the Directive necessary to ensure its enactment has led to further disputes. At the heart of these disputes is the classic struggle between the priorities of environmental protection and economic development. This book analyses the implementation of the Directive by Member States, and in particular, issues such as the imposition of quotas on reusable containers; the use of economic instruments and environmental agreements; and competition issues and state aids. The book enlightens readers to the current debates regarding packaging legislation which continue today, despite the enactment of EU legislation.
This original and timely volume provides unique insights and analysis on the pressing question of how to achieve environmental sustainability while fostering economic growth. The emphasis of the book lies in finding critical solutions to global climate change including chapters on environmental fiscal reform and unemployment in Spain, EU structural and cohesion policy and sustainable development, ecological tax reform in Europe and Asia, Australia's carbon pricing mechanism, and many other timely topics. This insightful volume will appeal to policymakers in government as well as academics and students in environmental law, environmental economics and environmental sustainability. Contributors: E. de Lemos Pinto Aydos, B. Bahn-Walkowiak, C.M. Black, B. Butcher, A.F. Carbo Lugo, F. Carraro, J. Cottrell, M. Escapa, C. Ge, M. Gonzalez-Eguino, J.I. Gorospe-Oviedo, F. Habermacher, Y. Ito, L. Kreiser, T.-Y. Lee, C. Lenz, A. Lerch, X. Li, X. Liu, A. Majocchi, A. Markandya, A.I. Mateos-Ansotegui, E. Meyer, D.C. Perez Bustamante, Y. Ren, S. Rudolph, P. Schepelmann, H. Sprohge, K. Sudo, S. Suk, R. Tavallali, A. Usubiaga, B. Volmert, J. Wang, M. Xue, A. Yabar Sterling, A. Zatti |
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