Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations. The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy. It explores a range of topics in the areas of environmental law and urban geography, including: environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban waste discourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.

This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.

This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.

This important book addresses the prospects for reconciling economic competitiveness with sustainable development. It shows that we cannot simply assume that changes in public attitudes, business policies and government regulation will guarantee the conditions for long-term ecological, social and economic sustainability. On the basis of new original case studies, the authors consider corporate environmental strategies, technological change and sustainable development as a social partnership between firms, citizens and government. They suggest that competitiveness must be considered as a dynamic process requiring proactive and reactive adjustments by business and government institutions all working towards sustainability. Sustainbility and Firms combines intellectual rigour with accessibility to communicate fundamental ideas to help policy decision-makers, enterprise managers, environmental scientists and economists grapple effectively with the problems of competitiveness, technological change, strategies of firms, governance and sustainable development.

The battle is an old one: man versus nature. And in modern society, man includes the military. Machines. Chemicals. Who wins the battle and at what cost? This practical analysis of the conflict between national security requirements and environmental responsibility looks at just that. William Wilcox examines the most common environmental issues that the military faces during wartime and peacetime and provides an introduction to the legal authorities, including statutes, regulations, and executive orders, governing the application of environmental law to military activities. It also illuminates the tension between environmentalists and regulators concerned with the damages that military development, testing, and training operations inflict on the environment and military leaders dedicated to using actual field conditions to prepare soldiers for war. In addition, this book addresses environmentalists' desire for greater accountability from the military, which has a history of dumping, spilling, stockpiling, and launching harmful chemicals. Although some exemptions from environmental compliance have been granted to the military, federal agencies are sometimes held to higher standards than private sector companies. Wilcox, an experienced environmental attorney and former military attorney, focuses on the legal framework in which environmental issues are addressed and examines how policy translates into legal application. He also examines the changing relationship between the military and the environment by exploring environmental law as it applies to the military domestically and the impact of international environmental law on combat operations. In addition to addressing such environmental laws as the National Environmental Policy Act and the Resource Conservation and Recovery Act, the author provides an overview of the laws governing access to information concerning the military's impact on the environment. Other topics covered include civil penalties and sovereign immunity, water rights,

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 book will examine and analyse the problems inherent in integrated water management in transboundary conditions. Integrated Transboundary Water Management in Theory and Practice will provide new knowledge and policy recommendations based on the experiences and results of a major 3-year interdisciplinary research project (MANTRA-East). Drawing on extensive studies of the Lake Peipsi region in Estonia and Russia, the book explores the political and social issues surrounding transboundary water management and introduces the way that qualitative-quantitative-qualitative scenarios have been used in real-life situations. The book presents conclusions and policy recommendations for integrated transboundary water management that will be invaluable to water managers, policy-makers and academic researchers working in this rapidly expanding field.

Employing an international and comparative analysis of international law as well as the domestic legal regimes of selected jurisdictions, i.e., China, South Africa and South Australia, Water Rights - An International and Comparative Study identifies the essential elements a well-structured water rights system, which ensures that the multiple functions of water resources are reasonably balanced, and the competing water needs are properly taken into consideration, and under which the economic, social and environmental values of water resources co-exist equitably in harmony. This book is the first to discuss water rights holistically, i.e., putting the three aspects of water rights (the property right of water resources, the human right to water and the environmental right to water) into a single, well-organised water rights system under the principle of sustainable development. Following the Introduction, Water Rights has six chapters. Chapter Two develops an analytical approach to be applied in the following four chapters. After the problems concerning water rights in China are identified, the three aspects of water rights both in international law and domestic water laws of South Africa and South Australia are discussed. In Chapter Six, principles and structure that should be employed for designing an ideal water rights system or improving and perfecting an existing one are recommended. With these recommendations, the definitions of water resources and the three aspects of water rights are analysed. Specific amendments to the China Water Law 2002 are proposed. Finally, this work concludes with explanations of the basis for the recommendations presented. This book will be a valuable reference for all those concerned with water rights, including lawyers, hydrologists and water resources managers.

Is there a future for the law? In this book, Florian Grisel addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance based on social norms (or "private governance") can offer an alternative to regulation by the law. On this account, private governance could be socially efficient and even optimal compared with other modes of governance. The Limits of Private Governance supplements this optimistic analysis of private governance by assessing the long-term evolution of a private order in the fishery of Marseille. In the last eight centuries, the fishers of Marseille have regulated their community without apparent means of legal support from the French state. In the early 15th century, they even created an organisation called the Prud'homie de Peche in order to regulate their fishery. Based on archival evidence, interviews and ethnographic data, Grisel examines the evolution of the Prud'homie de Peche and argues that the strong social norms in which it is embedded are not only powerful tools of governance, but also forces of inertia that have constrained its regulatory action. The lessons drawn from this book will appeal to academics, policy-makers and members of the general public who have an interest in the governance of our modern societies.

Damage to the environment is now one of the most serious threats to quality of life. In recent years, criminologists have shown an increased interest in theorizing environmental problems. But despite its recent 'green revolution', criminology has arguably yet to grasp the limits of its commentaries on environmental damage. In this book, the author surveys the problems associated with modernist accounts of environmental harm and offers in their place an explication of the main insights associated with post-structuralist thought. Centred predominantly around the work of Gilles Deleuze (and Felix Guattari), the book applies key post-structuralist concepts to an ongoing site of environmental harm, contestation and legal in(ter)ventions. Focusing on vision, speed, lexicon and affect, the book engages a new ethics for categorizing and regulating 'Nature' and challenges criminologists and others to reconsider what it is possible to say and do about environmental problems.

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.

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.

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.

Environmental Law: Cases and Materials, Third Edition is designed to reflect the vital and symbiotic connection between land-use regulation and the more traditional scope of environmental law. In addition it recognizes the importance of administrative agency decision-making in environmental law. The book begins with a look at the judicial review process of agency decisions and important issues. It examines the common-law remedy of nuisance, the matrix of so much of environmental law and still a significant cause of action, and goes on to look at land-use controls, with particular emphasis on critical areas-landmarks, wetlands, coastal resources-and the de facto taking issue. Air and water quality, waste, toxics and the other areas of comprehensive statutory control, the National Environmental Policy Act, electric generation, and the increasingly important area of international environmental law are also discussed. Since the Third Edition was published three years ago, much has occurred in this fast-shifting field. Several important decisions have dealt with air and water quality and international issues such as global warming have expanded. The Third Edition reflects these recent events.

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

There are thousands of substances manufactured in the United States to which the public is routinely exposed and for which toxicity data are limited or absent. Some insist that uncertainty about the severity of potential harm justifies implementing precautionary regulations, while others claim that uncertainty justifies the absence of regulations until sufficient evidence confirms a strong probability of severe harm. In this book, Levente Szentkiralyi overcomes this impasse in his defense of precautionary environmental risk regulation by shifting the focus from how to manage uncertainty to what it is we owe each other morally. He argues that actions that create uncertain threats wrongfully gamble with the welfare of those who are exposed and neglect the reciprocity that our equal moral standing demands. If we take the moral equality and rights of others seriously, we have a duty to exercise due care to strive to prevent putting them in possible harm's way. The Ethics of Precaution will be of great interest to researchers, educators, advanced students, and practitioners working in the fields of environmental political theory, ethics of risk, and environmental policy.

Integrated River Basin Governance - Learning from International Experience is designed to help practitioners implement integrated approaches to river basin management (IRBM). It aims to help the coming generation of senior university students learn how to design IRBM and it provides current researchers and the broader water community with a resource on river basin management. Drawing on both past and present river basin and valley scale catchment management examples from around the world, the book develops an integration framework for river basin management. Grounded in the theory and literature of natural resources management and planning, the thrust of the book is to assist policy and planning, rather than extend knowledge of hydrology, biophysical modelling or aquatic ecology. Providing a classification of river basin organizations and their use, the book also covers fundamental issues related to implementation: decision-making. institutions and organizations. information management. participation and awareness. legal and economic issues. integration and coordination processes. building human capacity. Integrated River Basin Governance focuses on the social, economic, organizational and institutional arrangements of river basin management. Methods are outlined for implementing strategic and regional approaches to river basin management, noting the importance of context and other key elements which have been shown to impede success. The book includes a range of tools for river basin governance methods, derived from real life experiences in both developed and developing countries. The successes and failures of river basin management are discussed, and lessons learned from both are presented. The ebook for this title is available to download for free on the WaterWiki.

The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments have in fact taken in practice. Environmental Taxation Law: Policy, Contexts and Practice examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind. Although the focus of the book is the UK's pioneering implementation of a web of distinct yet interrelated policy measures, it locates the UK's taxes and instruments not simply in their broader context of market and environmental regulation, but also in the contexts of European and international law.

In the context of increasing division and segregation in cities across the world, along with pressing concerns around austerity, environmental degradation, homelessness, violence, and refugees, this book pursues a multidisciplinary approach to spatial justice in the city. Spatial justice has been central to urban theorists in various ways. Intimately connected to social justice, it is a term implicated in relations of power which concern the spatial distribution of resources, rights and materials. Arguably there can be no notion of social justice that is not spatial. Philippopoulos-Mihalopoulos has argued that spatial justice is the struggle of various bodies - human, natural, non-organic, technological - to occupy a certain space at a certain time. As such, urban planning and policy interventions are always, to some extent at least, about spatial justice. And, as cities become ever more unequal, it is crucial that urbanists address questions of spatial justice in the city. To this end, this book considers these questions from a range of disciplinary perspectives. Crossing law, sociology, history, cultural studies, and geography, the book's overarching concern with how to think spatial justice in the city brings a fresh perspective to issues that have concerned urbanists for several decades. The inclusion of empirical work in London brings the political, social, and cultural aspects of spatial justice to life. The book will be of interest to academics and students in the field of urban studies, sociology, geography, planning, space law, and cultural studies.

This new edition covers the topics that affect the regulated community, environmental managers, lawyers, and lenders the most. Focusing on the state's major regulatory schemes' environmental quality review, air, water, hazardous waste, and wetlands, this handbook examines recent changes that have occurred in New York environmental law, including New York's Superfund statutes amendment. All statutes and regulations are liberally footnoted for easier follow-up and deeper investigation.

This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.

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.

This book examines international climate change mitigation and adaptation regimes with the aim of proposing fair climate stability implementation strategies. Based on the current endeavors to finance climate change mitigation and adaptation around the world, the author introduces a 3-dimensional climate justice approach to share the benefits and burdens of climate change equitably within society, across the globe and over time.

This collection of essays on green fiscal reform offers very rewarding readings for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country's rare earth dispute in WTO.' - Mikael Skou Andersen, Aarhus University, Denmark'This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.' - Stefan Ulrich Speck, European Environment Agency 'Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.' - Nils Axel Braathen, OECD s Environment Directorate Against a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skillfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future. The book combines perspectives from leading environmental taxation scholars on both the theory and impact of different policies. It covers topics such as theoretical assumptions of environmental taxes; the relationship between environmental taxes and trade; permit trading and price stability, as well as waste management and the political economy. With its global coverage, this topical book will appeal to policy makers in government as well as academics in environmental law programs, environmental economics programs and environmental sustainability programs. Contributors: A.A. Alvaro, C. Brandimarte, B. Butcher, J. Cottrell, Y. He, S.-A. Joseph, T. Kawakatsu, C. Kettner, S. Kitagawa, D. Kletzan-Slamanig, A. Koeppl, A. Lerch, X. Liu, J.E. Milne, M. Moinuddin, P. Pearce, A. Pirlot, S. Rudolph, T. Sasao, R.V. Shah, S. Suk, S.L. Tan, D.J. Thampapillai, M. Villar Ezcurra, S.E. Weishaar, T. Yano, Y. Zhao, X. Zhou,

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.