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Books > Law > Laws of other jurisdictions & general law > Social law
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Recommandations relatives au transport des marchandises dangereuses des Nations Unies, et pour classer les produits chimiques qui presentent des dangers physiques conformement au Systeme general harmonise de classification et d'etiquetage des produits chimiques (SGH). En consequence, il complete egalement les reglements nationaux et internationaux qui ont ete etablis sur la base des Recommandations relatives au transport des marchandises dangereuses ou du SGH.
With digital technologies blurring media boundaries, this book provides a detailed analysis of how the Internet is producing a convergence of the press, audio-visual and online media. Based on extensive empirical analysis, the authors analyse over 25 years of changes to media forms and expose the reality behind the notion that media convergence is inevitable and inexorable. Peter Humphreys and Seamus Simpson break new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. They highlight how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far. Highly accessible, this book is a valuable read for undergraduate and masters students researching digital media and communications. With guidance on a series of policy directions and innovations that should be developed to fulfil the promise of media convergence, it is also a vital tool for media and communication practitioners and policy makers.
Over the past twenty years considerable public attention has been
focused on the decline of marine fisheries, the sustainability of
world fish production, and the impacts of fishing on marine
ecosystems. Many have voiced their concerns about marine
conservation, as well as the sustainable and ethical consumption of
fish. But are fisheries in danger of collapse? Will we soon need to
find ways to replace this food system? Should we be worried that we
could be fishing certain species to extinction? Can commercial
fishing be carried out in a sustainable way? While overblown
prognoses concerning the dire state of fisheries are plentiful,
clear scientific explanations of the basic issues surrounding
overfishing are less so - and there remains great confusion about
the actual amount of overfishing and its ecological impact.
Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.
This edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.' - Mary Footer, University of Nottingham School of Law, UK'This fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a 'must read' for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.' - Joanne Scott, University College London, UK 'Geert Van Calster and Denise Prevost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.' - Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners. Contributors include: A. Accuri, A. Alemanno, J. Atik, H. Baumuller, M. Burnier, T. Cottier, K. Das, J. De Cendra De Larragan, P. Delimatsis, M. Echols, T. Epps, M. Footer, L. Gruszczynki, A. Herwig, C. Joerges, B. Mercurio, P. Morrisson, L. Nielsen, J. Pauwelyn, J. Peel, D. Regan, L. Rubini, D. Shabalala, N. Shariff, T. Voon, D. Wirth, Z. Zhang
THE INSTANT NUMBER 1 SUNDAY TIMES BESTSELLER In this inspiring, uplifting and heart-warming memoir, world-renowned veterinary surgeon Professor Noel Fitzpatrick shares some of the most personal and powerful tales ever from his life as The Supervet. Picking up from where the Sunday Times bestselling How Animals Saved My Life left off, Noel shares the moving, heart-warming and often surprising stories of the animals that he has treated in his remarkable career. As he explores how our relationships with animals can bring out the best in each of us, we meet some of the wonderful animals he has tried to help, the families who love them and the deeply personal challenges Noel has faced along the way. It is animals like these who have taught Noel the valuable lessons of Love, Hope and Faith - lessons that have sustained him in his life beyond being the Supervet. This is the remarkable story of one man and the animals he has saved, animals who have - in turn - saved him.
Neighbourhood planning, introduced by the Localism Act 2011, is now well established as the new 'first tier' of our planning system. The key to this brave new world of localism is the Neighbourhood Development Plan, which enables local communities to make planning policies for their area that have statutory effect and which must be taken into account by decision makers. But how does a neighbourhood plan get off the ground? How do communities make sure that it comes into force? And, more importantly, what are the essential features of an effective plan; one that can withstand the often intense pressures for new development? This unique book answers these and many other questions faced by neighbourhood planners with a clear, pragmatic focus and in sufficient depth to arm both lay readers and planning professionals with the knowledge they need to operate effectively within this novel planning regime. Along the way, some of the less well-known planning rules and procedures that can be invoked by neighbourhood planning groups and others at a local level are also explained. The author, a planning lawyer and consultant who has helped many parishes and communities since the advent of neighbourhood planning, also helpfully explores the place of neighbourhood planning within the wider planning system and offers a fascinating assessment of the potential of neighbourhood planning to address a whole range of important environmental issues. This insight and expertise makes The Power of Neighbourhood Planning an essential resource for everyone involved - whether as an interested member of the public, local councillor or parish clerk - or as a planning professional looking for an incisive introduction to this often controversial topic.
This book addresses the fundamental conflict of interest that physicians face in their daily work lives between the ethics of proper medical care versus the demands of standard business practices. However, unlike other books of this sort, this one places direct responsibility for this ethical dilemma upon the shoulders of physicians themselves. Taking ethical, legal, and business perspectives into account, the book traces the historically evolving response of American physicians to ever-increasing business interests within the profession. These financial concerns now have become intrinsic not only to the practice of medicine but seemingly also to the character of a growing segment of its practitioners. The book offers a plea for a change to a more socialized healthcare system as used in other advanced nations.
This is a global survey and assessment of the structure, evolution, and performance of water institutions administration policies and regulatory practices in regional, national, and international settings. The coverage includes analysis and discussion of the rationale for institutional innovations, based on case study findings; specific suggestions for sustainable institutional design; and recommendations for implementing institutional reforms.
The development of U.S. urban transportation policy over the past half-century illustrates the changing relationships among federal, state, and local governments. This comprehensive text examines the evolution of urban transportation planning from early developments in highway planning in the 1930s to today's concerns over sustainable development, security, and pollution control. Highlighting major national events, the book examines the influence of legislation, regulations, conferences, federal programs, and advances in planning procedures and technology. The volume provides in-depth coverage of the most significant event in transportation planning, the Federal-Aid Highway Act of 1962, which created a federal mandate for a comprehensive urban transportation planning process, carried out cooperatively by states and local governments with federal funding. Claiming that urban transportation planning is more sophisticated, costly, and complex than its highway and transit planning predecessors, the book demonstrates how urban transportation planning evolved in response to changes in such factors as the environment, energy, development patterns, intergovernmental coordination, and federal transit programs. This updated, revised, and expanded edition features two new chapters on global climate change and managing under conditions of constrained resources, and covers the impact of the most recent legislation, 50 years after the Highway Act of 1962, emphasizing such timely issues as security, oil dependence, performance measurement, and public-private sector collaboration.
This book is a leadership guide to the effective implementation of the ISO 45001:2018 standard. It takes the high-level leadership and top management principles put forward in ISO 45001 and develops them into a comprehensive discourse on how, at the very top of any organization, large or small, leaders can drive the occupational health and safety (OH&S) agenda and ensure the effective implementation of the OH&S management systems. While the standard sets out expectations for top management, this book provides a clear explanation of the OH&S roles, responsibilities, and accountabilities between those who direct the organization and drive it towards achieving its strategic aims and those who lead the day-to-day operations. It puts forward a purposeful, easy-to-follow, and effective system for the implementation of ISO 45001 whilst also, and more importantly, maximizing the value proposition of such a global standard, regardless of industry. The book is written for top management teams of both non-executive and executive leadership, as well as senior advisors, in all organizations seeking to effectively implement OH&S policies and management systems. It can also be utilized to create training and learning materials to assist with implementation.
This book focuses on innovative treatment technologies for the elimination of emerging contaminants in wastewater and drinking water treatment processes. The book also discusses sources and occurrence of emerging contaminants in municipal and industrial waste, giving an overview of state-of-the-art analytical methods for their identification. Further important aspects covered include the acute and chronic effects and overall impact of emerging contaminants on the environment.
When Europeans first arrived at what is now California's San Joaquin Valley, they found a vast landscape of wetlands, small ponds, riparian forests, and grasslands surrounding three large swampland lakes. What greets a visitor to the region today is a dramatically different view of mile after mile of row crops, vineyards, orchards, and grazing acreage - some of the most fertile and productive agricultural land in the world. This remarkable transformation, with its enduring consequences, is at the center of Ruling the Waters, a legal, social, and environmental history of how western water law shaped, and was shaped by, the subjugation of the largest freshwater wetlands wildlife habitat in the West. At the heart of efforts to wrest arable land from the region was the Kern River, which rises in the Sierra Nevada and carries snowmelt to what was once a great network of lakes, sloughs, and marshes at the southern end of California's Central Valley. In Ruling the Waters Douglas R. Littlefield describes how, over the course of the nineteenth and early twentieth centuries, pioneers and entrepreneurs diverted water out of this network of waterways to extract gold in the mountains and irrigate farms lower down the river, and how the law was made to accommodate these practices. Struggles over the Kern River's water established one of the most important concepts in water law in some parts of the United States - that prior appropriation, dependent on the chronological order of diversions from waterways, could legally coexist with riparian rights, which restrict water usage to landownership directly next to a river or stream. Littlefield traces this concept to the 1886 California Supreme Court case of Lux v. Haggin - which pitted the giant farming and cattle company of Miller & Lux against a prominent land baron, James B. Haggin - and shows how the lawsuit profoundly shaped future waters issues, which in turn influenced water laws in other western states that were grappling with similar questions. Far from a dry legal history, Ruling the Waters tells a story with world-wide historical environmental ramifications, a tale of competing personalities and values and visions that forever changed both the economy and the ecology of the American West.
In-depth examination of the inherent tensions and dynamics of transport corridors in Africa: between short-term optics and long-term durability; between regional integration and national interest; between the facilitation of trade and the generation of corridor revenue. The image of the corridor, a central pathway of road and rail carving its way through Africa's interior, has guided the coordination of transport and trade developments on the continent in recent decades. Existing analysis of the "Corridor" - a label with a great capacity to change shape, guiding funding and infrastructural priorities at different times and in different settings - tends to be presentist, technical, and conveyed in the language of transport economics. The chapters collected here showcase a more varied approach, offering perspectives from academics and policy-makers coming from a range of disciplinary backgrounds. They capture the varied forms of the corridor concept (developmental, transport, and trade corridors), the multiplicity of actors (including China and the European Union), as well as the different permutations of the infrastructure itself, in corridors linking coastal states and in others that link coastal states with the hinterland. The breadth of cases allows for a comparative perspective of East, West, and Southern Africa, as well as the basis of comparisons outside of the continent in Europe, South Asia, and elsewhere. The motivations behind corridor initiatives in Africa range enormously, from resource extraction to urban development and poverty reduction. A lot depends on scale, and this collection places the grand designs thrashed out at continental and regional economic forums alongside the individual concerns of drivers and cross-border traders hauling goods across the continent's checkpoints. What emerges are a number of central tensions in the study of transport corridors: between short-term optics and long-term durability; between road and rail as modes of transportation; between regional integration and national interest; between the facilitation of trade and the generation of corridor revenue; between different port configurations; and between local dynamics and the dynamics of long-distance transportation. This book is available as Open Access under the Creative Commons license CC-BY-NC.
The scientific and technical development of any kind of germplasm is regulated by a vast network of treaties, conventions, international agreements, and national and regional legislation. These regulations govern biotechnological innovations in plants and microorganisms, access to and use of plant genetic resources, and biosafety. This complex mix has made it difficult to arrive at global interpretations, due to overlaps, gaps, ambiguities, contradictions, and lack of consistency. The big picture is even more complex, as a series of scientific developments - gene editing in particular - have in some cases rendered these international regulatory frameworks obsolete. This book puts forward an innovative approach: a "Comprehensive Plant Germplasm System". The System is a cooperative game theory-based proposal for a binding international convention which would supersede all other conventions, treaties, national and regional legislation covering native varieties and traditional developments, heterogeneous plant varieties, microorganisms, biotechnological inventions, plant genetic resources, and biosafety regulation. In short, it offers a comprehensive framework regarding intellectual property, biosafety, and business regulation and covers all types of germplasm. If applied, the system is expected to yield higher productivity rates in crops and improved food biodiversity, as well as a new paradigm based on the promotion of innovation for "Agriculture 4.0."
Building forth upon recent developments in democracy theory that have identified multiple forms of legitimacy, this volume observes a EU-wide shift from output legitimacy to input and throughput legitimacy. Top down policy making is increasingly meeting local resistance. As a result, the importance for policy makers of enhancing the democratic legitimacy of their policy plans has increased. In this volume, nine case studies are presented, seven case studies of protected areas in different countries (Belgium, Germany, Poland, Spain, Finland, France and the UK), and two case studies of protected species (the geese in the Netherlands, and the great Cormorant in Denmark and Italy). These case studies are followed by extensive comments. The volume opens with an introductory chapter on the problematic production of legitimacy in current European nature policy. It concludes with a chapter that situates the case studies within the wider EU environmental policy and political context.
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. Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research. Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners. Contributors include: M.-E. Arbour, P. Asbeek-Brusse, K. Barker, N.S Bryner, L. Collins, M. de Bree, H. de Haas, R.E. Deming, R.L. Glicksman, B. Grigg, N. Gunningham, D. Hindin, C. Holley, R.L. Juni, H.H. Kang, S.F. Mandiberg, D.L. Markell, H. McCready, H. McLeod-Kilmurray, S.H. Metzenbaum, J.G. Miller, J.A. Mintz, L.C. Paddock, M.T. Sanders, J.P. Shimshack, J. Silberman, D. Sinclair, S.L. Stafford
A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context. By focusing the analysis on both developed and developing countries, the contributors offer an extensive exploration of climate change legislation, and how it has been enacted on a global scale. Vitally, they make the link between the international commitments under the Paris Agreement and their delivery at national level. Concluding that strong climate legislation is essential to give credibility to the pledges that countries made in Paris, this book identifies the key provisions that good climate laws should contain, and addresses factors that influence the passing of climate laws. This stimulating and informative book will be of particular interest to parliamentarians, policy makers and lawyers involved in areas of climate policy and environmental law. It will also appeal to students and researchers with an interest in climate change legislation. Contributors include: A. Abeysinghe, A. Averchenkova, M. Bangalore, S. Barakat, A. Bowen, A. Clare, S. Fankhauser, J. Franca, I. Galarraga, C. Gennaioli, F. Green, S. Matikainen, M. Nachmany, I. Neuweg, E. Sainz de Murieta, J. Setzer
Written in a straight forward, easy-to-understand style, this long-awaited title provides all the information you need to protect yourself and your partner during routine medical care, an illness or crisis and when planning for the future. It covers a range of issues important to every gay person, his or her partner and family, including: telling your doctor you are gay or lesbian; policies concerning blood, organ and sperm donations; finding GLBT-friendly therapists, couples therapists and addiction-treatment facilities; finding and qualifying for drug trials; and accessing infertility treatment. Gay & Lesbian Medical Rights goes on to explain how to protect your rights using health care directives, living wills, hospital visitation authorisations, wills, emergency contact cards, DNRs, assisted suicide and powers of attorney.
The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and policy at both European and international levels.
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.
The Psychology of Death Investigations outlines definitively how behavioral evidence can often provide the necessary components and "missing pieces" to complement physical evidence as an essential tool for incident reconstruction. In order to determine the direction of an investigation and to prioritize leads, if necessary, death investigators must establish the manner of a death: natural, accident, homicide or suicide. The most overlooked aspect of death investigation is the psychological dimension, which can provide unique leads, correct false assumptions, enhance investigative awareness, and solve cases in surprising ways. In an estimated 10-20% of cases, the manner of death cannot be determined, or worse, has been erroneously categorized. Since many jurisdictions can't afford behavioral consultants, this book has been written to provide practical information for a basic psychological analysis. If the circumstances surrounding a death are equivocal, psychological consultants can compile information retrospectively about a deceased person's mental state and possible motive to assist with unravelling ambiguity about the manner of death. This is the primary function of a psychological autopsy, and, as such, this is the first book of its kind dedicated solely to the topic. In the event that the manner of death is determined to be a homicide, behavioral profiling can help to focus the potential pool of suspects. Professionals and students alike will benefit from the exercise of cognitive awareness and the application of psychological logic presented. Psychologists, medical examiners, coroners, attorneys, fraud examiners, law enforcement personnel, death and homicide investigators, and students enrolled in criminal profiling, forensic psychology, and criminal justice programs will find this text to be a compelling and insightful reference to add to their professional toolkit.
For some people with disabilities, their interest and skills are best applied to laboratory work. Science laboratories are environments where hazardous materials and processes are in use, and assessments are required to mitigate risk and ensure compliance with Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) regulations. Accommodating individuals in a laboratory requires balancing adherence to those regulations, as well as the Americans with Disabilities Act (ADA) technical access standards. Individualized assessment and accommodation are needed to ensure that a qualified individual with a disability can work or study effectively in the laboratory while ensuring a safe working environment for all. This book is intended to be a helpful guide for professionals to understand how to provide equal access to people with disabilities in a laboratory environment. It will review the breadth of protections that are provided by the ADA. This book also covers the roles and responsibilities of persons involved in laboratory oversight, including institutional policies and their limitations with respect to providing appropriate support for individualized assessments in the laboratory. |
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