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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.
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
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.
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.
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.
Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession of land.
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
This book undertakes a critical appraisal of the concept of sustainable development in the European Union. In addition to existing issues of sustainability, it examines the development of a European "general principle" of sustainable development. This original, critical approach examines legal, political, and economic implications of the emergence of the principle and places the impact of such in local, national, intranational, and international contexts. While essentially focusing on the development of the principle, the discussion also includes a normative assessment of current policy and practice, and appraises European efforts in the light of international goals.
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.
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.
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.
'This book is a useful addition to our literature on climate change law, with its focus on climate change at the local level. It examines how local governments, municipalities and city authorities address climate change through law and policy, and the problems/constraints faced in mitigation and adaptation at the local level. The 15 contributors have thoughtfully and critically analysed the issues from intellectual as well as practical perspectives, drawing on the experiences of North America as well as the EU, China, Australia and South Africa. The reader is left with deeper insights and suggestions for the way forward.' - Irene Lin Heng Lye, National University of Singapore 'This volume offers a thorough exploration of the challenges and opportunities for local governments in many parts of the world to mitigate and adapt to climate change.' - Laura Watchmann, LEED AP-ND, Executive Director, NALGEP 'As the international climate consensus is fading, the focus has shifted from the global to the local. This book is timely and ground-breaking as it frames a new subject of legal study and proves the dramatic surge of local climate action. A must-read.' - Klaus Bosselmann, University of Auckland, New Zealand Local Climate Change Law examines the role of local government, especially within cities, in addressing climate change through legal, policy, planning and other tools. This timely study offers a multi-jurisdictional perspective, featuring international contributors who examine both theoretical and practical dimensions of how localities are addressing climate mitigation and adaptation in Australia, Canada, China, Europe, South Africa and the United States, as well as considering the place of localities in global climate law agreements and transnational networks. Written from a multi-disciplinary perspective, this book will appeal to academics, post graduate and undergraduate students in law and political science, local and national government policy makers and politicians, as well as practising local government lawyers. Anyone with a general interest in environmental issues will also find much to interest them in this insightful study. Contributors: M. Doelle, A. du Plessis, L. Godden, J. Lin, J. Moore, K.B. Munroe, H.M. Osofsky, S. Pasternack, M. Peeters, M. Powers, B.J. Richardson, E. Schwartz, S. Theriault, K. Thompson, S. Wood
In Displacement City, outreach worker Greg Cook and street nurse Cathy Crowe present the stories of frontline workers, advocates, and people living without homes during the pandemic. The book uses prose, poetry, and photography to document lived experiences of homelessness, responses to the housing crisis, efforts to fight back for homes, and possible solutions to move Toronto forward. Contributors provide particular insight into policies affecting Indigenous peoples and how the legacy of colonialism and displacement reached a critical point during the pandemic. Offering rich stories of care, mutual aid, and solidarity, Displacement City provides a vivid account of a humanitarian disaster.
Children often fare the worst when communities face social and environmental changes. The quality of food, water, affection and education that children receive can have major impacts on their subsequent lives and their potential to become engaged and productive citizens. At the same time, children often lack both a private and public voice, and are powerless against government and private decision-making. In taking a child rights-based approach to sustainable development, this volume defines and identifies children as the subjects of development, and explores how their rights can be respected, protected and promoted while also ensuring the economic, social and environmental sustainability of our planet.
Today's engineering and geoscience student needs to know more than how to design a new or remedial project or facility. Questions of law and ambiguities of terms often occur in contracts for mining, landfills, site reclamation, waste depositories, clean up sites, land leases, operating agreements, joint ventures, and other projects. Work place situations arise where environmental compliance methods are challenged by enforcement agencies. Although the statutes, rules, and regulations may seem to be worded clearly and specifically, there are often questions in application and sometimes varied interpretations.
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
Not long ago, Republicans could take pride in their party's tradition of environmental leadership. In the late 1960s and early 1970s, the GOP helped to create the Environmental Protection Agency, extend the Clean Air Act, and protect endangered species. Today, as Republicans denounce climate change as a "hoax" and seek to dismantle the environmental regulatory state they worked to build, we are left to wonder: What happened? In The Republican Reversal, James Morton Turner and Andrew C. Isenberg show that the party's transformation began in the late 1970s, with the emergence of a new alliance of pro-business, libertarian, and anti-federalist voters. This coalition came about through a concerted effort by politicians and business leaders, abetted by intellectuals and policy experts, to link the commercial interests of big corporate donors with states'-rights activism and Main Street regulatory distrust. Fiscal conservatives embraced cost-benefit analysis to counter earlier models of environmental policy making, and business tycoons funded think tanks to denounce federal environmental regulation as economically harmful, constitutionally suspect, and unchristian, thereby appealing to evangelical views of man's God-given dominion of the Earth. As Turner and Isenberg make clear, the conservative abdication of environmental concern stands out as one of the most profound turnabouts in modern American political history, critical to our understanding of the GOP's modern success. The Republican reversal on the environment is emblematic of an unwavering faith in the market, skepticism of scientific and technocratic elites, and belief in American exceptionalism that have become the party's distinguishing characteristics.
Environmental justice is one of the most controversial and important issues in contemporary social science. Volume 8 of the "Energy and Environmental Policy" series challenges our understanding of environmental justice in a global context. It includes theoretical investigations and case studies by leading authors in the field. Global forces of technology and the development of global markets are transforming social life and the natural order. These changes require a critical examination of nature-society relations. Increasingly, modernization assigns the risks of modernity to those with the least power and greatest vulnerability to environmental harm. Conventional environmentalism, which focuses on critique of the effects of humanity against nature, is inadequate to the challenges of globalization. In particular, it fails to explain sources of persistent patterns of social injustice that accompany escalating environmental exploitation. As the capacity for environmental destruction expands, broader concerns about environmental injustice have come to the fore, including awareness of threats to whole cultures, ways of life, and entire ecologies. The volume's authors consider the links between expanded patterns of environmental injustice and the structures and forces underlying and shaping the international political economy. Environmental injustice is examined across a variety of cultures in the developed and developing world. Through case studies of climate colonialism, revolutionary ecology, and environmental commodification, the global and local dimensions of the problem are presented. The latest volume in this important series demonstrates that environmental justice cannot be reduced to simple parables of indifference, prejudice, or appropriation. It forges understanding of environmental injustice as a development of international political economy itself. Likewise, initiatives on behalf of environmental justice are seen as elements of broader movements to secure self-determination in a globalizing world. This book will be of interest to policymakers, energy and environmental experts, and all those interested in the environment and environmental law. It provides new perspectives on the place of environmental justice in international political and economic conflict. John Byrne is director of the Center for Energy and Environmental Policy, University of Delaware. Leigh Glover is a research fellow at the same Center. Cecilia Martinez is a professor of ethnic studies at the Metropolitan State University (Minnesota) and a research associate of the American Indian Research and Policy Institute.
The second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.
State-by-state listings and explanations of municipal landscape ordinances In U.S. Landscape Ordinances, Buck Abbey furnishes landscape architects, planners, land-use attorneys, and students with a much-needed resource. This state-by-state presentation demystifies the complex planning laws and ordinances that determine landscape design parameters for more than 300 American cities. The author highlights sections of each ordinance that pertain to landscape architecture, boils the legalese down to plain English, explains the law's main purpose and regulatory function, and spells out the practical implications from a design perspective. With the help of more than fifty diagrams and drawings that clarify complex spatial concepts, U.S. Landscape Ordinances reviews the entire spectrum of green laws currently on the books, including ordinances that cover:
The product of ten years of painstaking research and analysis, U.S. Landscape Ordinances is a unique and invaluable tool for professionals in landscape design and municipal planning. It also offers a deep reservoir of information for students, municipal legislators, community activists, and anyone interested in understanding or developing a community's landscape ordinances.
Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1957 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection. |
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