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Books > Law > Laws of other jurisdictions & general law > Social law
Environmental Sustainability and Economy contains the latest
practical and theoretical concepts of sustainability science and
economic growth. It includes the latest research on sustainable
development, the impact of pollution due to economic activities,
energy policies and consumption influencing growth and environment,
waste management and recycling, circular economy, and climate
change impacts on both the environment and the economy. The 21st
century has seen the rise of complex and multi-dimensional pathways
between different aspects of sustainability. Due to globalization,
these relationships now work at varying spatiotemporal scales
resulting in global and regional dynamics. This book explores the
complex relationship between sustainable development and economic
growth, linking the environmental and social aspects with the
economic pillar of sustainable development. Utilizing global case
studies and interdisciplinary perspectives, Environmental
Sustainability and Economy provides a comprehensive account of
sustainable development and the economics of environmental
protection studies with a focus on the environmental, geographical,
economic, anthropogenic and social-ecological environment.
In the face of the failure of the traditional 'command and control'
model of environmental regulation to curb the devastating losses of
biodiversity around the world, policymakers are increasingly
seeking new approaches to deal with this complex interdisciplinary
issue. The Privatisation of Biodiversity? provides a timely
contribution to this debate by exploring the legal aspects and the
scope to strengthen conservation through these reforms. Colin Reid
and Walters Nsoh draw on literature well beyond legal sources,
particularly from ecology, environmental economics, and philosophy
to reach a number of pragmatic conclusions on the issues discussed.
The new approaches explored include payment for ecosystem services,
biodiversity offsetting and conservation covenants, as well as
taxation and impact fees. Such mechanisms introduce elements of a
market approach as well as private sector initiative and resources.
This book considers both the practical and ethical aspects of the
regulatory choices available to identify the potential and
limitations of an increasingly market-based regime. Bringing
clarity and coherence to a complex issue, this book will act as a
useful tool for environmental and public law scholars as well as
other academics in a range of fields interested in biodiversity
conservation. It will also provide valuable insight for
policymakers, legal practitioners involved in planning,
environmental and agricultural matters, public bodies with
responsibility for conservation, landowners, managers and
developers, individuals and NGOs dedicated to biodiversity, and
students of nature conservation interested in exploring new
mechanisms for achieving their objectives.
The mission of The Italian Yearbook of International Law is to make
available to the English-speaking public the Italian contribution
to the literature and practice of international law. Volume XXXI
(2021) opens with a Symposium on the Mediterranean Sea and
international law. As in every volume the following sections
feature Articles, Notes and Comments, Practice of International
Courts and Tribunals, Italian Practice of International Law and
Bibliographies.
This discerning book examines the challenges, opportunities and
solutions for courts adjudicating on environmental cases. It offers
a critical analysis of the practice and judgments of courts from
various representative and influential jurisdictions. Through the
analysis and comparison of court practices and case law across
global domestic courts as varied as the National Green Tribunal in
India, the Land and Environment Court in Australia, and the
District Court of The Hague in the Netherlands, the expert
contributors bring together a wealth of knowledge in order to
enhance mutual learning and understanding towards an environmental
rule of law. In doing so, they illustrate that courts play a vital
role in the formation and crystallization of rulings and decisions
to protect and conserve the environment. Ultimately, they prove
that there are many lessons to be learnt from other legal systems
in seeking to maintain and enhance the environmental rule of law.
Contemporary and global in scope, Courts and the Environment is
essential reading for scholars and students of environmental law,
as well as judges, legal practitioners and policymakers interested
in understanding the legal challenges to and the legal basis for
protecting environmental values in courts. Contributors: A.
Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K.
Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi,
S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon
Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam,
A.M. Paez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O.
Spijkers, C. Voigt, Z. Zhang
A critical legal scholar uses feminist and environmental theory to
sketch alternate futures for Appalachia. Environmental law has
failed spectacularly to protect Appalachia from the ravages of
liberal capitalism, and from extractive industries in particular.
Remaking Appalachia chronicles such failures, but also puts forth
hopeful paths for truly radical change. Remaking Appalachia begins
with an account of how, over a century ago, laws governing
environmental and related issues proved fruitless against the
rising power of coal and other industries. Key legal regimes were,
in fact, explicitly developed to support favored industrial growth.
Aided by law, industry succeeded in maximizing profits not just
through profound exploitation of Appalachia's environment but also
through subordination along lines of class, gender, and race. After
chronicling such failures and those of liberal development
strategies in the region, Stump explores true system change beyond
law "reform." Ecofeminism and ecosocialism undergird this
discussion, which involves bottom-up approaches to transcending
capitalism that are coordinated from local to global scales.
Population ageing poses a huge challenge to law and society,
carrying important structural and institutional implications. This
book portrays elder law as an emerging research discipline in the
European setting in terms of both conceptual and theoretical
perspectives as well as elements of the law. Providing a deepened
understanding of population ageing in terms of vulnerability,
intergenerational conflict and solidarity, expert contributors
highlight the necessity for a contextualized ageing concept. As
well as offering a comparative analysis of active ageing policies
across the EU, this book examines a range of topics including age
discrimination in employment and the freedom of movement of EU
citizens from the ageing individual's point of view. It also goes
on to describe elder care developments, discussing the ageing
individual's autonomy in relation to both traditional inheritance
rights and growing instances of dementia. Timely and engaging, this
book will appeal to academic scholars and students in relevant
areas of law as well as those studying across the social sciences.
Exploring a broad range of socio-legal issues in relation to
demographic ageing, it will also inform legal practitioners and
policymakers alike. Contributors include: M. Axmin, A. Blackham, C.
Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann,
T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M.
Roennmar, E. Ryrstedt, K. Scott, E. Trolle OEnnerfors, C.
Ulander-Wanman, J.J. Votinius, A. Zbyszewska
Standard Transport Appraisal Methods, Volume 6 in the Advances in
Transport Policy and Planning series, assesses both successful and
unsuccessful practices and policies from around the world. Chapters
in this new release include Transport models, Cost-Benefit
Analysis, Value of Travel Time Savings and reliability, Value of
Statistical Life, Wider economic benefits, Multi-criteria analysis,
Best-Worst Method, Participatory Value Evaluation, Ex-post
evaluation, Sustainability assessment, Evaluating Transport Equity,
Environmental Impact Assessment, Decision-Support Systems,
Deliberative appraisal methods, Critique on appraisal methods,
Appraisal methods in developing countries, Research agenda for
appraisal methods, and much more.
Aspects of education law provides a comprehensive description and
analysis of the laws that currently inform, prescribe and influence
the activities of educators and education managers, whether on the
sports fields or in the boardroom, at the blackboard or behind a
desk. This revised fourth edition of Aspects of education law
places emphasis on the legal aspects that pertain to learner
misconduct in South African schools, with extended chapters on
human rights and school governance, and has been thoroughly updated
in terms of new legislation and case law. It includes discussions
of the position of the child as legal subject, the educator's duty
of care and the administrative aspects of school management.
Aspects of education law has become an essential resource for
educators, lawyers, members of governing boards and parents, and
all of those who are interested in ensuring high-quality schooling
in South Africa. Previous editions have been hailed as being "among
the highest in the international community" and "a must for
...scholars throughout the world with an interest in comparative
education law" by American academics.
This book addresses the different forms of austerity, contestation
and resistance, in order to understand how they relate to one
another and the impact they have on the democratic quality of
public debates, the trust in public institutions and the legitimacy
of law. Contestation of austerity includes not only traditional
activism strategies such as human rights litigation and direct
democracy instruments, but also new forms of collective action and
collaborative resistance. Most importantly, many of the new
anti-austerity initiatives also aim to renovate existing modes of
democratic decision-making on the European, national, regional and
local levels. The book focuses on different types of contesting
austerity measures and the interaction between institutional and
civil society actors. It will enhance understanding of how the
various actors frame not only their goal but also the underlying
social conflict to contest austerity and through which means they
try to achieve political and legal changes. With 16 chapters
written by contributors from Spain, Germany, Greece, Portugal and
the UK, the book approaches 3 crucial areas of austerity policies:
cuts in payment and pensions, labour law reform, and old and new
poverty. In each field, the contributors analyse the processes of
decision-making and contestation from 3 perspectives: institutions,
democratic theory and societal responses.
Global Environmental Sustainability: Case Studies and Analysis of
the United Nations' Journey toward Sustainable Development presents
an integrated, interdisciplinary analysis of sustainable
development, addressing global environmental problems in the
contemporary world. It critically examines current actions being
taken on global and local scales, particularly in relation to the
UN's efforts to promote sustainable development. This approach is
supported by empirical analysis, drawing upon a host of
interweaving insights spanning economics, politics, ecology,
environmental philosophy, and ethics, among others. As a result, it
offers a comprehensive and well-balanced assessment of the overall
perspective of sustainable development supported by in-depth
content analysis, theoretical evaluation, empirical and actual case
studies premised on solid data, and actual field work. Also, the
book marks a milestone in placing the Covid-19 pandemic into a
perspective for understanding the universality of human collective
environmental behavior and action. By utilizing in-depth analysis,
both quantitative and qualitative, and challenging the status quo
of what is expected in the global approach to sustainable
development, Global Environmental Sustainability provides the
theory and methodology of empirical sustainable development which
is especially germane to our advanced society today, which is
deeply entrenched in a crisis of environmental morality. More
particularly, it serves as a salient source of moral reconstitution
of society grounded in empirical reality to liberate man's
excessive spirit of individualism and self-aggrandizement to the
detriment of the environment. Epistemologically, the book furnishes
a remarkable tour de force with a new level of analytical insight
to help researchers, practitioners, and policymakers in
sustainability and environmental science, as well as the many other
disciplines involved in sustainable development, to better
understand sustainability from a new perspective and provides a
methodological direction to pursue solutions going forward.
Peaceful Maritime Engagement in East Asia and the Pacific Region
includes contributions from the most influential figures in the law
of the sea to provide context and direction for developing maritime
governance in East Asia and the Pacific Ocean. Peaceful management
of disputes includes cooperation over deep seabed mining,
negotiations for a legally binding instrument on biodiversity
beyond national jurisdiction, contending approaches to baselines
and East Asia maritime boundary disputes, freedom of navigation and
maritime law enforcement. Chapters also explore new interpretations
for preservation of the marine environment and the special problems
posed by marine plastics and nexus between the ocean and climate
change.
Concerns have arisen in recent decades about the impact of climate
change on human mobility. Many people affected by climate change
are forced or otherwise decide to migrate within or across
international borders. Despite its clear importance, many questions
remain open regarding the nature of the climate-migration nexus and
its implications for laws and institutions. In the face of such
uncertainty, this Research Handbook offers a comprehensive picture
of laws and institutions relevant to climate migration and the
multiple, often contradictory perspectives on the topic. Carefully
edited chapters by leading scholars in the field provide a cross
section of the various debates on what laws do, can do and should
do in relation to the impacts of climate change on migration. A
first part analyses the relations between climate change and
migration. A second part explores how existing laws and
institutions address the climate-migration nexus. In the final
part, the chapters discuss possible ways forward. This timely
Research Handbook provides much-needed insight into this complex
issue for graduate and post-graduate students in climate change or
migration law. It will also appeal to students and scholars in
political science, international relations, environmental studies
and migration studies, as well as policymakers and advocates.
Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett,
M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville,
C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C.
Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.
Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D.
Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A.
Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M.
Wyman
The contributors to this issue investigate the complex ways that
policies of the Affordable Care Act (ACA) have diffused through the
states over seven years of implementation. When the ACA was passed
in 2010, states were given the option to set up their own health
care exchanges, expand their Medicaid programs, and reform both
their local public health and their health care delivery systems.
These reforms significantly impacted citizens' access to insurance.
Contributors examine how local conditions account for variation in
enrollment across states, analyze the evolution of Medicaid waivers
in Republican-led states, show how early-adopting states affected
later adopters, explore the role of public opinion in the diffusion
of ACA policies, and argue for the importance of rhetorical framing
when advocating in favor of the ACA. Contributors. Frederick J.
Boehmke, Timothy Callaghan, Rena Conti, Bruce A. Desmarais, Colleen
M. Grogan, Jeffrey J. Harden, Lawrence Jacobs, David K. Jones,
Andrew Karch, Elizabeth Maltby, Julianna Pacheco, Aaron Rosenthal,
Abigail A. Rury, Phillip McMinn Singer, Craig Volden
How should we strike a balance between the benefits of centralized
and local governance, and how important is context to selecting the
right policy tools? This uniquely broad overview of the field
illuminates our understanding of environmental federalism and
informs our policy-making future. Professor Kalyani Robbins has
brought together an impressive team of leading environmental
federalism scholars to provide a collection of chapters, each
focused on a different regime. This review of many varied
approaches, including substantial theoretical material, culminates
in a comparative analysis of environmental federalism and
consideration of what each system might learn from the others. The
Law and Policy of Environmental Federalism includes clear
descriptive portions that make it a valuable teaching resource, as
well as original theory and a depth of policy analysis that will
benefit scholars of federalism or environmental and natural
resources law. The value of its analysis for real-world
decision-making will make it a compelling read for practitioners in
environmental law or fields concerned with federalism issues,
including those in government or NGOs, as well as lobbyists.
Contributors: W.L. Andreen, N. Behnke, S. Bhat, W.W. Buzbee, A.E.
Carlson, K.H. Engel, A. Eppler, R. Fowler, R.L. Glicksman, K.H.
Hirokawa, B. Hudson, A. Kaswan, A.B. Klass, K. Robbins, J.
Rosenbloom, E. Ryan, J.A. Wentz, H. Wiseman
The Elgar Encyclopedia of Environmental Law is a landmark reference
work, providing definitive and comprehensive coverage of this
dynamic field. Each volume probes the key elements of law, the
essential concepts, and the latest research through concise,
structured entries written by international experts. Each entry
includes an extensive bibliography as a starting point for further
reading. The mix of authoritative commentary and insightful
discussion will make this an essential tool for research and
teaching, as well as a valuable resource for professionals and
policymakers. Environmental issues are at the heart of some of the
most complex and consequential decisions that society must face in
pursuit of a more sustainable future. They encompass the
international, national, and local levels and engage all branches
of government. Decision Making in Environmental Law, one of the
constituent volumes in the Elgar Encyclopedia of Environmental Law,
brings together some of the leading experts in the field and
provides a structured overview of the various dimensions of
decision making from an environmental law perspective. The concise
and accessible chapters provide an international scope and detailed
bibliographies that allow readers to explore issues in depth.
Topics include: the role of treaties, common law tools, rulemaking,
access to information, regulatory structures, market-based and
trading mechanisms, monitoring and reporting, voluntary programs
and private regulation, environmental impact analysis, public
engagement and environmental justice, administrative and judicial
review, and the role of environmental courts and tribunals. This
volume offers a complete exploration of the complicated issue of
environmental decision making. It is ideal as an introduction for
students, as a reference point for scholars, and as a comprehensive
guide for practitioners. Contributors include: W.L. Andreen, J.
Broderick, C. Bruch, N.S. Bryner, W.W. Buzbee, C. Coglianese, K.S.
Coplan, E. Daly, E.A. DeGroff, J.C. Dernbach, D.M. Driesen, H.
Elliott, K.H. Engel, V.B. Flatt, R.L. Glicksman, E. Hammond, R.L.
Hill, S.B. Krolikowski, B.C. Karkkainen, I.E. Kornfeld, G.J. S.
Leal, M. Lee, G. Levitt, S.E. Light, J. Makowiak, D.R. Mandelker,
B.C. Mank, J.R. May, K. Morrow, J. Nash, S.F. Nolon, D. Owen, L.C.
Paddock. C. Pring, G. Pring, A. Sinden, W.M. Tabb, G. Van Hoorick,
M.P. Vandenbergh, M.A. Wenisch, J.A. Wentz, M.C. Wood, S. Zellmer
This timely book provides a critical examination of the policies
and laws governing EU marine fisheries and the shortcomings of the
2013 Common Fisheries Policy (CFP) reform. In particular it
considers how reform is impeded by Treaty-guaranteed concessions,
exemptions from general environmental legislation and the Court of
the Justice's interpretation of principles unique to the sector.
The author discusses how the damaging effects of fishing could be
ameliorated if the Court were to align fishery values with general
principles of the law, and considers the institutional and
regulatory frameworks needed to encourage prudent resource use.The
limited development of the CFP beyond the minimal requirements of
international law is considered together with the role of the Court
in sidelining scientific advice. The book provides a unique
exploration of how these barriers to sustainability are compounded
by regulatory capture and the public interest in fish resources
being unrecognized. Ultimately, the author proposes that the
incoherence of the management regime be redressed through
market-based reforms and the application of the user-pays
principle. This book will be of keen interest to lawyers,
environmentalists, policy-makers and marine scientists who are
interested in marine fishery management, marine environmental
protection, and marine sector economic sustainability. It will also
appeal to those involved in developing trans-disciplinary platforms
to promote marine resource sustainability.
REDD+ (Reducing Emissions of greenhouse gases from Deforestation
and Forest Degradation) is an important tool under the UNFCCC for
incentivizing developing countries to adopt and scale up climate
mitigation actions in the forest sector and for capturing and
channeling the financial resources to do so.This handbook
eloquently examines the methodological guidance and emerging
governance arrangements for REDD+, analyzing how and to what extent
it is embedded in the international legal framework. Organized
coherently into five parts, contributions from legal experts,
international relations scholars, climate change negotiators and
activists explore the history and design of REDD+ in the UN climate
regime, as well as linkages between REDD+ and other international
agreements. The book also considers global governance for REDD+,
its financial dimensions including markets and investment and
future developments and legal challenges. Detailed analysis from a
range of angles illustrates the interplay of international norms
and institutions and maps out a legal research agenda for
identifying best practice solutions. Shedding light on one of the
most vibrant and fast-moving fields in international law, this
comprehensive Handbook is essential reading for scholars of
international law and international relations, policy makers in the
area of climate change, REDD+ and land sector experts and NGOs.
Contributors: R.R. Barrer, M.-C. Cordonier Segger, J. Costenbader,
A. de Leon, F. Ferreira, M. Gehring, K. Gover, J. Gupta, K. Hite,
P. Horne, S. Jodoin, P. Keenlyside, A.G.M. La Vina, A. Long, C.L.
McDermott, E. Roessing Neto, C. Parker, A. Savaresi, M. Schwedeler,
C. Streck, H. van Asselt, C. Voigt, A. Wardell, M.A. Young, O.R.
Young
Estimating the Human Cost of Transportation Accidents:
Methodologies and Policy Implications discusses the estimation
methods needed to determine the monetary value of loss of life and
quality of life when evaluating transportation safety programs,
policies and projects. In addition, it highlights how to overcome
the many challenges researchers face in choosing the right values,
including estimating loss of life and life quality, examining
strengths and weaknesses, and critically analyzing social costs and
implications. This book will allow researchers to better formulate
accurate social costs, select safety improvement values, and
understand limitations.
Informed by international law, international relations and
environment management scholarship, this interdisciplinary analysis
of environmental regimes in Asian subregions proposes a new regime
for the Himalayas and Tibetan Plateau based on China's cooperation
with its south Asian neighbors. After evaluating the nine existing
environmental regimes across the subregions of southwest, central,
southeast and northeast Asia, Simon Marsden proposes a tenth regime
for the cross subregion in south and east Asia known as the Third
Pole. The role of China in connection with each of the existing
agreements-as lender, dialogue partner or Party-is a key aspect of
the analysis, considering it in developmental, legal and political
contexts. Conclusions recommend future research to progress efforts
in developing such a regime and caution the need for context in any
legal transplant. This book will have a strong appeal for
international environmental law and environmental planning and
management researchers. Meanwhile those in international relations
or international politics will find valuable insights in the book's
exploration of relationships between the states of each subregion
and China, whilst coverage of the regulation of oil and gas,
hydroelectricity and exploitation of other resources will be of
great interest to energy law scholars and practitioners.
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