Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU's broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU's new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU's quest for a common energy policy. Shale gas has already transformed the energy outlook in the United States, but despite high expectations, exploration has failed to take off fully in the EU. This book investigates the reasons for this failure, as well as other related developments impacting both energy and environmental law, by highlighting the essential elements of coherent regulation of technologies. It further analyses other cross-cutting issues relating to the environmental and energy supply security challenges and offers insights into the regulation of the different sectors and the most topical developments. The regulation of shale gas is set to become an increasingly important issue, receiving attention of energy and environmental legal scholars, politicians and industry worldwide. This book will also appeal to legal practitioners seeking expertise in the law and policy of shale gas extraction in the EU.

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This timely book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China and the US, as well as the EU, and a number of other countries where this industry is quickly developing. Drawing on a range of disciplines, the contributors examine the roles of the public and private sectors in the governance of biofuels. They discuss topics such as sustainability and biofuels, and provide a critical review of regulatory regimes for biofuels. They conclude by proposing recommendations for more effective and efficient biofuel policies. Academics working in the area of renewable energy and students in environmental law will find this book to be of interest. It will also be of use to policy makers around the world looking to learn from various existing regimes. Contributors: G. Berndes, M. Brandao, A. Cowie, A. Cowie, K.S. Dahmann, J. De Beer, O. Englund, L.B. Fowler, A. Genest, L. Guo, M.-H. Labrie, Y. Le Bouthillier, E. Le Gal, O.J. Lim Tung, W.E. Mabee, F. Maes, L.D. Malo, M. Mansoor, P. Martin, H. Mcleod-Kilmurray, M.J.F. Montefrio, B.E. Olsen, R.O. Owino, P. Pereira De Andrade, M. Powers, A. Ronne, P.M. Smith, T. Smith, S. Soimakallio, I. Stupak, V.M. Tafur, A.R. Taylor

This outstanding book focuses on how economics can contribute to the design, implementation and appraisal of legal systems that create the 'right' incentives for environmental protection. The sixteen original and specially commissioned contributions - written by some of the leading names in their field - span many of the important areas of contemporary interest and employ case study material combined with theoretical, empirical and experimental research. The book addresses many topical issues including: the fundamental notions of property rights and social norms; the design and implementation of civil liability regimes; the use of criminal law as an instrument of environmental policy; the role that citizen suits, self-monitoring and self-enforcement could and should play in the implementation of law; the international harmonisation of environmental law; and the treatment of environmental damages in courts. Cutting-edge economic technique is motivated by, and articulates with, real and pressing policy debates. The contributors refer to a range of legal cases and policy decisions, and draw out a host of policy implications and prescriptions for settings as diverse as Superfund reform in the US and the harmonisation of landfill regulations in the European Union. By combining incisive overviews of the latest thinking and results, complemented by original analysis, The Law and Economics of the Environment will appeal to researchers and students of the environment, law and economics, policy practitioners and those with an interest in knowing what constitutes 'good' environmental law.

This research collection offers a comprehensive investigation into ecological approaches into environmental law. It brings together a kaleidoscope of different articles to examine the critique of environmental law, the ethical dimensions, and methodology before exploring the key issues focusing on rights and responsibilities, property and the commons, governance and constitutionalism. It also presents work that looks into the theory of Earth Jurisprudence. Together with an original introduction, this collection is an indispensable reference for anyone interested in ecological approaches to environmental law.36 articles, dating from 1949 to 2015 Contributors include: D. Boyd, A. Boyle, C. Cullinan, S. Gaines, L. Kotze, R. Lazarus, A. Leopold, H. Rolston II, M. Sagoff, C. Stone

This new dictionary makes an important and innovative contribution to the reference literature on the environment. International in scope, it provides up-to-date entries on macro and micro issues in environmental law in both developed and developing countries. Written by an author with both practical experience in the field, and six previous dictionaries to his name, this book adopts non-technical language to improve access to key topics in environmental law. It combines the use of case studies, best practice models, straightforward definitions and clear explanatory boxes. This dictionary will be invaluable to everyone involved with environmental law; including students of law as well as those in engineering and the social sciences. It will also provide essential reference for all official national and international agencies, environmental protection groups and NGOs, plus environment and planning departments at every level.

Can waste become a profitable business rather than a costly problem, creating green business opportunities and green jobs while protecting the environment? Might this reduce illegal trade and improper recycling of hazardous wastes by making the legitimate alternatives more attractive? Addressing these questions, this book examines environmentally sound waste management as a driver in the transition to a Green Economy, and discusses how this transition is challenged by technical limitations, weak regulatory environments and lack of financial incentives. This in-depth analysis of the link between waste management and a Green Economy identifies key elements of a solid overarching legal and policy framework that could address these challenges, noting that consistent implementation and enforcement is crucial. It complements its examination of the legal and policy issues with contributions on technical and economic aspects, taking into account the interdisciplinary nature of the problem, and offers a perspective from Asia, where the challenges of waste management as well as the possible opportunities are particularly significant. With interdisciplinary authorship and contributions drawn from academia and practice, this book will be a timely resource for academics and practitioners in the areas of law, policy and economics. It will also provide insights for civil servants engaged in waste policy and related areas, private sector operators engaged in waste management and sustainable development, and non-governmental organizations engaged in environmental protection and poverty reduction efforts. Contributors include: J. Baumgartner, M. Grosz, T. Hardman Reis, K. Kummer Peiry, J. Li, J. North, P. Portas, R. Rayfuse, M. Schluep, X. Sun, J. Voinov Kohler, V. Weick, B. Zhu, A. Ziegler

Professors Grear and Kotze have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.' - Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.' - Philippe Sands, University College London, UK Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law. The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures. An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law. Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Theriault, F. Venter

The environmental challenges of the twenty-first century have raised profound questions regarding the suitability of environmental law to manage the many complex issues at hand. This insightful book considers how the law has adapted to address these challenges and considers the ways in which it might be used to cope with environmental risks and uncertainties, whilst also promoting resilience and greater equality. The book uses a multi-disciplinary approach to address the compatibility of law with the notions of risk and resilience, it scrutinises how capable these approaches are to effect equitable solutions to environmental risks, and it raises important questions about multi-level and participatory governance. Key chapters examine a variety of global experiments in countries such as China and countries in Latin America, to generate further governance of the environment, improve the available legal tools and give a voice to more diverse groups. Students and scholars across a variety of fields such as environmental studies, socio-legal studies, law, and risk regulation will find this an stimulating read. Senior policy-makers in central and local government, regulators and risk managers will also find this book imperative in their efforts to manage the dilemmas of environmental control. Contributors include: F.H. Barnes, D. Curran, C. Holley, B.M. Hutter, C. Ituarte-Lima, T. Johnson, J. McDonald, L. Patton, O.W. Pedersen, D. Satterthwaite, E. Sofronova, H. Wang

New edition of our best-selling book which helps social workers gain a comprehensive understanding of how to achieve best practice in applying the Care Act 2014. It covers the key stages of the 'care and support journey' - first contact, assessment of needs, prevention, consideration of eligibility, charging and financial assessment, care and support planning, and review. In addition, other chapters look at significant issues such as safeguarding and working with NHS colleagues. The core aims are to provide the following: a solid foundation for social work students in developing a critical understanding of the Care Act and its application, the material to help experienced social workers with developing the critical reflection necessary to enhance their ability to make professional judgements a source of reference which social workers can use to evaluate their local systems, policies and procedures. The second edition also provides practice examples of mistakes that have been made in applying the Care Act and the statutory guidance. It sets out more considered description of how social workers might apply the statutory guidance on personal budgets.

This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products. Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs. Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. Vadi

- Sidney Dekker examines how decades of deregulation and privatization have only led to a greater burden of compliance, and why, with so many rules to ensure safety, things can still go spectacularly wrong. - Written for all those with a vested interest in understanding the actual nature of organizational safety and performance, and in doing so make tangible improvements. - The first in a unique trilogy, this book complements Dekker's many best-sellers while broadening his appeal way beyond safety-critical industries.

Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.

Modern food governance is increasingly hybrid, involving not only government, but also industry and civil society actors. This book deftly analyzes the unfolding interplay between public and private actors in global and local food governance. Split into three parts, chapters focus on the legitimacy and integrity of private food governance, the hybridization of EU Food Law and hybridization in transnational food governance. Within these key areas, food scholars from diverse disciplinary fields present a fascinating array of original empirical case studies, showing hybrid governance arrangements in China, Europe and North America. Through these practical examples, they consider in detail how the responsibilities and risks inherent in these arrangements are allocated, how their legitimacy is ensured and the effect that they have on industry and government practice. Timely and discerning, this book will appeal to legal students and scholars focusing on regulation and governance and, in particular, those considering its relation to food. It will also provide guidance to policymakers on how to shape and direct the trends, types and outcomes of hybrid food governance. Contributors include: D. Casey, E. Fagotto, M. Faure, A. Fearne, M. Garcia, T. Havinga, M. Hussein, A. Kalfagianni, K. Kindji, K. Kirezieva, K. Kottenstede, P. Luning, T.D. Lytton, L.K. McAllister, T.A. Roche, E. Thomann, B.M.J. van der Meulen, P. Verbruggen

Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .

Expert medical evidence is often essential and pivotal in support or defence of medical negligence. Such cases invariably involve questions of technical and factual complexity requiring the evaluation of conflicting expert medical testimony. In this book, the first standalone textbook on expert evidence in South Africa, the authors expound and extrapolate the whole process from the initial obtaining of the relevant health records to the eventual testimony of the medical expert witness in court. The authors offer an instructive guide to busy practitioners to assist them with - Identifying the correct expert speciality or sub-speciality, The construction of a medico-legal opinion, The status of joint minutes of such experts, The preparation of an expert's examination-in-chief, Cross- and re-examination of an expert. Expert evidence in clinical negligence also discusses the invaluable role of experts in the resolution of medical malpractice disputes by way of mediation. Relevant case law and the applicable uniform rules of court are comprehensively discussed and set out in the footnotes for ease of reference.

This timely book considers appropriate legal practices to use to promote conservation, protection and sustainable use of biological diversity in forest and marine areas. The breadth of issues explored across these two themes is immense, and the book identifies both key differences, and striking commonalities between them. Law-makers, managers and users often have little understanding of either the complexity or the true value of biological diversity and of what is needed to preserve forest and marine ecosystems, and to keep inter-relationships between species within them healthy. Regulators face significant and practical challenges, requiring the adoption of legal frameworks in the context of scientific uncertainty. This book provides critical and comparative reflections on the role of law in both of these biodiversity contexts. Key issues not previously addressed through the law are considered - for example, the lack of international governance of peat; and the moral problem of labelling certain species as 'alien' or 'invasive'. Learned contributors draw valuable lessons for those seeking to protect biodiversity and understand its governance, from analysis of experiences gained forging international and national legal frameworks. With a blend of local and global perspectives, across a wide range of countries and policies, the book will appeal to academics and students in law, international, regional and domestic policymakers, lawmakers, NGOs and conservation agencies. Contributors include: E. Couzens, T. Daya-Winterbottom, C. de Oliveira, M. Fajardo Cavalcanti de Albuquerque, Y. Fristikawati, L. Heng Lye, B. Liu, S. Maljean-Dubois, G. Morgan, A. Paterson, Y. Pei, A. Prasad Pant, V.S. Radovich, S. Riley, N.A. Robinson, A. Telesetsky, S.C.-W. Yang

In this fascinating story of evolution, religion, politics, and personalities, Matthew Chapman captures the story behind the headlines in the debate over God and science in America.

Kitzmiller v. Dover Board of Education, decided in late 2005, pitted the teaching of intelligent design (sometimes known as "creationism in a lab coat") against the teaching of evolution. Matthew Chapman, the great-great-grandson of Charles Darwin, spent several months covering the trial from beginning to end. Through his in-depth encounters with the participants--creationists, preachers, teachers, scientists on both sides of the issue, lawyers, theologians, the judge, and the eleven parents who resisted the fundamentalist proponents of intelligent design--Chapman tells a sometimes terrifying, often hilarious, and above all moving story of ordinary people doing battle in America over the place of religion and science in modern life.

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition. Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.

This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: * the fundamentals of law and the English legal system; * contract, business, tort and property law; * procurement, subcontracting and partnering; * claims, damages, losses and expenses; * dispute resolution including mediation, arbitration, litigation and adjudication. The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

Written by an award-winning historian of science and technology, Planet in Peril describes the top four mega-dangers facing humankind - climate change, nukes, pandemics, and artificial intelligence. It outlines the solutions that have been tried, and analyzes why they have thus far fallen short. These four existential dangers present a special kind of challenge that urgently requires planet-level responses, yet today's international institutions have so far failed to meet this need. The book lays out a realistic pathway for gradually modifying the United Nations over the coming century so that it can become more effective at coordinating global solutions to humanity's problems. Neither optimistic nor pessimistic, but pragmatic and constructive, the book explores how to move past ideological polarization and global political fragmentation. Unafraid to take intellectual risks, Planet in Peril sketches a plausible roadmap toward a safer, more democratic future for us all.

This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal instruments for environmental governance. A growing number of organisations including the IUCN, UNEP and the Organisation of American States have voiced concerns that legal instruments that were developed to pursue more convincing environmental governance over the last 40 years are not creating a sufficiently potent system of environmental governance. In response to this challenge, this timely book explores how to bridge the significant implementation gap between the objectives of environmental law and the real-world outcomes of its application. Expert contributors discuss different forms of law, from international conventions down to inter-parties agreements, and non-government codes and standards. The overarching discussion highlights the diverse factors that impact upon implementing environmental law in practice, and considers the limitations and opportunities for constructive innovation in legal governance. This book is a comprehensive reference point for scholars and policy-makers, shedding light on how to achieve significant improvements in the effective application of environmental law. Contributors: R. Bartel, A.K. Butzel, J. de L. De Cendra, D. Craig, M. Doelle, J. Gooch, W. Gumley, C. Holley, T. Howard, A. Kennedy, W. Lahey, A. Lawson, E. Lees, P. Martin, M. Masterton, P. Noble, R.L. Ottinger, O.R. Owina, L. Paddock, J.L. Parker, W. Pianpian, G. Pink, A. Rieu-Clarke, N.A. Robinson, G. Rose, T.L Rucinski, S. Teles Da Silva, R.R. Valova, X. Wang, M.E. Wieder, W. Xi

This guide has earned a reputation amongst South African lawyers as the source of first reference in assessing liability and the quantum of claims. As a subscription publication, new cases are constantly being added, keeping subscribers abreast of new judicial trends and attitudes to these kinds of claims.

Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.