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Books > Law > Laws of other jurisdictions & general law > Social law
This text is about both European Community law and Dutch environmental law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the EC law doctrine of indirect effect, which is of practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. This book makes a developed body of case law accessible to non-Dutch lawyers.
This book explores the idea that daily lived experiences of climate change are a crucial missing link in our knowledge that contrasts with scientific understandings of this global problem. It argues that both kinds of knowledge are limiting: the sciences by their disciplines and lived experiences by the boundaries of everyday lives. Therefore each group needs to engage the other in order to enrich and expand understanding of climate change and what to do about it. Complemented by a rich collection of examples and case studies, this book proposes a novel way of generating and analysing knowledge about climate change and how it may be used. The reader is introduced to new insights where the book: * Provides a framework that explains the variety of simultaneous, co-existing and often contradictory perspectives on climate change. * Reclaims everyday experiential knowledge as crucial for meeting global challenges such as climate change. * Overcomes the science-citizen dichotomy and leads to new ways of examining public engagement with science. Scientists are also human beings with lived experiences that filter their scientific findings into knowledge and actions. * Develops a 'public action theory of knowledge' as a tool for exploring how decisions on climate policy and intervention are reached and enacted. While scientists (physical and social) seek to explain climate change and its impacts, millions of people throughout the world experience it personally in their daily lives. The experience might be bad, as during extreme weather, engender hostility when governments attempt mitigation, and sometimes it is benign. This book seeks to understand the complex, often contradictory knowledge dynamics that inform the climate change debate, and is written clearly for a broad audience including lecturers, students, practitioners and activists, indeed anyone who wishes to gain further insight into this far-reaching issue.
Any reader eager to gain a comprehensive insight into forest development policy, praxis and reality shouldn't miss this excellent publication. Hard to find a comparable reading where the author is digging as deep into Forest Development Policy. The author discovered numerous highly relevant theories as well as inspiring cases about forests and people from around the world, focusing on 'change' rather than 'development' and on the role of various actors in creating or preventing 'change'. The exciting results uncover reality and lead to inspiring discussions on concepts of development cooperation. All individual theoretical arguments and empirical proofs are well based and shed light into the political process of Forest Development Policy. The book is an essential contribution to scholarly debate and research on forestry in the South, and its relations to development cooperation, for both, readers with theoretical and practice related interests.
One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Foreword by Randy E. BarnettIn 2012, the United States Supreme Court became the centre of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's legacy",his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey,including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Professor Max Krott, Director of the Institute of Forest Policy and Nature Conservation at the University of Gottingen, Germany, introduces the most important political players and stakeholders, including the forest owners, the general population, forest workers and employees, forest associations and administration, as well as the media. He illustrates the political and regulatory instruments using examples in current forest policy. 'Forest Policy Analysis' places a special emphasis on the informal processes that are indispensable in understanding practical politics. References made to current English and German-language publications on forest policy studies enable further information to be found with concern to special issues."
Vertical Markets and Cooperative Hierarchies comprises a selection of sixteen newly written essays that provide clarification to issues pertinent to contemporary cooperatives. Twenty three internationally recognized scholars of agricultural cooperatives, from a variety of disciplines such as industrial organization, finance, sociology, networks, and political theory, contributed theoretical work and empirical observations from different countries. The book is divided into five Parts: I. Cooperatives: between markets and hierarchies; II. Governance; III. Internal organizational issues; IV. Conduct of cooperatives; and V. Cooperative performance.
This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
It is the publicity about the Pollutant Release Inventory's data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions.
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred--so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between. In "Cheating Welfare," Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable--not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.
The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on "EU Energy and Climate Law Policy and Jurisprudence", "Energy and Climate Treaty Developments", "Energy Infrastructure Developments: Offshore Electricity Systems and Network Investments", "Heat Supply Legislation in the EUv and "Security of Energy Supply and Safety".
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.
This book demonstrates how the Thalidomide catastrophe of the 1960s and the BSE crisis of the 1990s led to regulatory regimes for pharmaceuticals and foodstuffs in Europe. However, the developmental paths of these regimes differ - and so does the efficiency and legitimacy of regulatory policy-making.
The book adopts an innovative analytical approach to agenda setting by not only presenting successful cases in which energy issues were addressed by means of public policy, but by also analyzing failed attempts to make issues part of the European policy agenda. Another outstanding feature of the book is its use of the latest empirical data on a broad range of energy issues. When are energy issues likely to find their way to the agenda of European policymakers? This is the key research question guiding this collection of empirical studies, which will shed light on both successful and unsuccessful attempts to include energy issues in the European agenda. The multi-level political system of the European Union represents a particularly fruitful setting for addressing this question due to the multiple institutional access points it provides for different groups of actors. The book has three key benefits. First, it provides a theory-informed analysis of agenda setting processes in general and in the European Union in particular. Second, it presents an overview of the most important and emerging dimensions on European energy policy, and third, it helps to develop a research agenda for future research in the field.
This volume addresses key contemporary aspects in cycling policy, practice and research. Cycling has seen a sharp increase in scientific and policy attention in the past decade. The amount of research has surged over the past couple decades. Also, levels of cycling have increased substantially in many countries and cities, and many areas have seen increases in infrastructure investments. In addition, the last decade has seen innovations in bicycle technology, in particularly the rise of electric-assist (e-bikes) and dock-less bike sharing schemes. This volume reviews the state of the art on cycling from various angles. As such it explores planners' (engineers', policy makers') provisions for cycling, of cyclists' (and non-cyclists') travel behaviour, and resulting consequences for individuals and society. One focus is on demand-side aspects, including the use of bicycles and their users including patterns and trends in cycling, determinants of cycling, and modelling of cycling. Another focus is on impacts of cycling, such as emissions, safety aspects, as well as changes during the COVID pandemic.
The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.
This study, by two leading scholars in the field, draws on feminist theory and science and technology studies to uncover a basic injustice for the human rights of drug-using women: most women who need drug treatment in the US and UK do not get it. Why not?
This book is the result of project elaborated in cooperation between the IMPEL working group on criminal prosecution and METRO, with the goal of providing an insight into the systems and methods of criminal prosecution in environmental cases in practice. This book therefore provides an overview of criminal prosecution practice in environmental cases in Austria, Belgium, Denmark, Finland, Germany, Italy, the Netherlands, Portugal, Spain and the United Kingdom. It is based on the results of a comprehensive questionnaire that was answered by various experts in country reports. In addition, the book contains a detailed summary and comparison of the country reports. This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided. Both in the comparative overview and in the analysis, crucial issues with respect to the enforcement of environmental law are discussed, such as the criminal liability of corporations for environmental offences, the role of enforcing bodies and individuals in connection with environmental offences, the possibility of administrative or criminal penalties, the existence of instruments which prohibit individuals from carrying out similar activities, and the criminal liability for environmental offences by public servants and public authorities. Special attention is also given to transfrontier pollution incidents. In their concluding remarks, the editors of the book address the trend towards corporate criminal liability, discuss the difference between administrative and criminal enforcement of environmental law and also pay attention to current moves to achieve a European environmental criminal law.
The present book shares critical perspectives on the conceptualization, implementation, discourses, policies, and alternative practices of environmental education (EE) for diverse and unique groups of learners in a variety of international educational settings. Each contribution offers insights on the authors' own processes of re-imagining an education in/about/for the environment that are realized through their teaching, research and other ways of "doing" EE. Overall, environmental education has been aimed at giving people a wider appreciation of the diversity of cultural and environmental systems around them as well as the urge to overcome existing problems. In this context, universities, schools, and community-based organizations struggle to promote sustainable environmental education practices geared toward the development of ecologically literate citizens in light of surmountable challenges of hyperconsumerism, environmental depletion and socioeconomic inequality. The extent that individuals within educational systems are expected to effectively respond to-as well as benefit from-a "greener" and more just world becomes paramount with the vision and analysis of different successes and challenges embodied by EE efforts worldwide. This book fosters conversations amongst researchers, teacher educators, schoolteachers, and community leaders in order to promote new international collaborations around current and potential forms of environmental education. This book reflects many successful international projects and perspectives on the theory and praxis of environmental education. An eclectic mix of international scholars challenge environmental educators to engage issues of reconciliation of correspondences and difference across regions. In their own ways, authors stimulate critical conversations that seem pivotal for necessary re-imaginings of research and pedagogy across the grain of cultural and ecological realities, systematic barriers and reconceptualizations of environmental education. The book is most encouraging in that it works to expand the creative commons for progress in teaching, researching and doing environmental education in desperate times. - Paul Hart, Professor of Science and Environmental Education at the University of Regina (Canada), Melanson Award for outstanding contributions to environmental and outdoor education (Saskatchewan Outdoor and Environmental Education Association) and North American Association for Environmental Education (NAAEE)'s Jeske Award for Leadership and Service to the Field of EE and Outstanding Contributions to Research in EE. In an attempt to overcome simplistic and fragmented views of doing Environmental Education in both formal and informal settings, the collected authors from several countries/continents present a wealth of cultural, social, political, artistic, pedagogical, and ethical perspectives that enrich our vision on the theoretical and practical foundations of the field. A remarkable book that I suggest all environmental educators, teacher educators, policy and curricular writers read and present to their students in order to foster dialogue around innovative ways of experiencing an education about/in/for the environment. - Rute Monteiro, Professor of Science Education, Universidade do Algarve/ University of Algarve (Portugal).
The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada. |
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