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This book examines the development of environmental law in the
period since the ground-breaking 1992 United Nations Conference on
Environment and Development or 'Earth Summit' in Rio de Janeiro. It
demonstrates that a great deal has been achieved in the field of
environmental law since the 1990s. However, the extraordinary
environmental crises facing humanity in the 21st century indicate a
continuing urgent need for the generation of robust policies and
frameworks concerning ecological, socio-cultural and economic
sustainability, implemented through appropriately innovative legal
mechanisms. The book is divided into five sub-themes of
sustainability: history, principles and concepts; environmental
rights; access to justice and liability issues; natural resources,
energy and climate change; and nature conservation. It includes
expert legal opinion on developments to date, engaging with key
themes from a broad selection of jurisdictions and perspectives.
The analyses extend across public and private law to reflect the
manifold areas which are rightly and necessarily the concern of
environmental and sustainability law. Its contents offer not only
critiques of developments to date, but also constructive engagement
with matters of pressing concern to all. Written from a global
perspective, this book will be an invaluable reference for
academics, postgraduate students, practitioners and policy-makers
concerned with environmental law and sustainability. Contributors:
J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen,
J.A.F. Costa, A. Daibert, J. de Cendra de Larragan, A. de Garay
Sanchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W.
du Plessis, J.J. Gonzalez, D. Hodas, E. Kasimbazi, R. Kibugi, F.R.
Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A.
Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S.
Teles da Silva
This book examines the development of environmental law in the
period since the ground-breaking 1992 United Nations Conference on
Environment and Development or 'Earth Summit' in Rio de Janeiro. It
demonstrates that a great deal has been achieved in the field of
environmental law since the 1990s. However, the extraordinary
environmental crises facing humanity in the 21st century indicate a
continuing urgent need for the generation of robust policies and
frameworks concerning ecological, socio-cultural and economic
sustainability, implemented through appropriately innovative legal
mechanisms. The book is divided into five sub-themes of
sustainability: history, principles and concepts; environmental
rights; access to justice and liability issues; natural resources,
energy and climate change; and nature conservation. It includes
expert legal opinion on developments to date, engaging with key
themes from a broad selection of jurisdictions and perspectives.
The analyses extend across public and private law to reflect the
manifold areas which are rightly and necessarily the concern of
environmental and sustainability law. Its contents offer not only
critiques of developments to date, but also constructive engagement
with matters of pressing concern to all. Written from a global
perspective, this book will be an invaluable reference for
academics, postgraduate students, practitioners and policy-makers
concerned with environmental law and sustainability. Contributors:
J. Benidickson, A.H. Benjamin, B. Boer, M.N. Camargos, M.A. Cohen,
J.A.F. Costa, A. Daibert, J. de Cendra de Larragan, A. de Garay
Sanchez, F. de Salles Cavedon, J.W. Dellapenna, A. du Plessis, W.
du Plessis, J.J. Gonzalez, D. Hodas, E. Kasimbazi, R. Kibugi, F.R.
Loures, N. Lugaresi, K. Morrow, C. Odidi Okidi, A. Paterson, N.A.
Robinson, W. Scholtz, F. Sola, R. Stanziola Vieira, M.B. Tekle, S.
Teles da Silva
Legal regulation of the environment is often construed as a
collection of legislated responses to the problems of modern
living. Treated as such,'environmental law' refers not to a body of
distinctive juristic ideas (such as one might find in contract law
or tort) but to a body of black-letter rules out of which a
distinct jurisprudence might grow. This book challenges the
accepted view by arguing that environmental law must be seen not as
a mere instrument of social policy, but as a historical product of
surprising antiquity and considerable sophistication. Environmental
law, it is argued, is underpinned by a series of tenets concerning
the relationship of human beings to the natural world, through the
acquisition and use of property. By tracing these ideas to their
roots in the political philosophy of the seventeenth century, and
their reception into the early law of nuisance, this book seeks to
overturn the perception that environmental law's philosophical
significance is confined to questions about the extent to which a
state should pursue collective well-being and public health through
deliberate manipulation and restriction of private property rights.
Through a close re-examination of both early and modern statutes
and cases, this book concludes that, far from being intelligible in
exclusively instrumental terms, environmental law must be
understood as the product of sustained reflection upon fundamental
moral questions concerning the relationship between property,
rights and nature.
Legal regulation of the environment is often construed as a
collection of legislated responses to the problems of modern
living. Treated as such,'environmental law' refers not to a body of
distinctive juristic ideas (such as one might find in contract law
or tort) but to a body of black-letter rules out of which a
distinct jurisprudence might grow. This book challenges the
accepted view by arguing that environmental law must be seen not as
a mere instrument of social policy, but as a historical product of
surprising antiquity and considerable sophistication. Environmental
law, it is argued, is underpinned by a series of tenets concerning
the relationship of human beings to the natural world, through the
acquisition and use of property. By tracing these ideas to their
roots in the political philosophy of the seventeenth century, and
their reception into the early law of nuisance, this book seeks to
overturn the perception that environmental law's philosophical
significance is confined to questions about the extent to which a
state should pursue collective well-being and public health through
deliberate manipulation and restriction of private property rights.
Through a close re-examination of both early and modern statutes
and cases, this book concludes that, far from being intelligible in
exclusively instrumental terms, environmental law must be
understood as the product of sustained reflection upon fundamental
moral questions concerning the relationship between property,
rights and nature.
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