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It’s school holidays and Zolani is bored. Next door he sees his neighbour, Fulani, has a cute new puppy. When he overhears Fulani arranging an illegal dogfight in an abandoned warehouse, he decides to try and stop him. But he can’t do it alone. He plucks up courage to ask his bossy classmate, Tashnay, who always has an answer for everything. Will their bravery and team work be enough to stop the gang and rescue the dogs from a cruel fate?
The Kyoto Protocol was a milestone event in the process of getting
global climate change on to the political agenda and taking the
first tentative steps towards internationally co-ordinated action.
This book brings together researchers from the disciplines of law,
economics, political science and sociology to analyse the
instruments which have been set up to manage climate change and the
institutional shifts that are required for the reduction of
greenhouse gases (GHGs). The authors highlight the need for an
adequate implementation structure and well designed flexible
instruments to enable emissions targets to be achieved. They
discuss the level of international coordination which is required
for the smooth operation of flexibility mechanisms and the
importance of ensuring these instruments fit within existing
national structures. In some countries, there are concerns that the
introduction of cap and credit trading programmes may require an
overhaul of existing environmental legislation. Technical
innovations will also have a critical role to play in preparing the
ground for increasingly ambitious controls of GHGs. The authors
emphasise the need for an evolutionary development of instruments
to support such innovations and the potentially vital roles of
firms and governments to help their quick diffusion. This book
presents an unusual, fascinating and highly instructive mixture of
approaches which will be readily accessible to a broad array of
readers from a variety of scientific backgrounds. It will prove
invaluable to economists, political and social scientists, lawyers,
practitioners and decision-makers involved with climate change
policy and international environmental law.
Although many books focus on law and economics, and environmental
economics, this is one of the first to combine the two topics in a
fully integrated and comprehensive manner. The authors successfully
bridge the gap between the disciplines of environmental law and
traditional economics in a lucid and highly accessible style. The
Economic Analysis of Environmental Policy and Law covers many of
the recent advances in the field and attempts to integrate some of
the most crucial legal and economic instruments which, in the
authors' view, have not yet been subjected to proper analysis.
These include zoning, expropriation, licensing, third party
liability, safety regulation, mandatory insurance and criminal
sanctions. The authors pay particular attention to the
interrelationships of these instruments and their various economic
effects. Using a comparative law and economics methodology, they
are also able to incorporate environmental law with international
policy and investigate the many diverse rules of the legal system
and their implementation in different countries. Crucially, the
authors do not consider economics as the exclusive determinant in
legal rule-making. They also highlight the need for ethical
considerations and illustrate the potential limitations of pure
economic analysis. The book assumes no prior knowledge of economics
and will prove informative and rewarding for students of law and
the social and natural sciences, especially those with an interest
in environmental policy. With an extensive reference list and
detailed notes on further reading material, this book will also
serve as a stimulating introduction to the discipline of law and
economics for environmental, political and legal practitioners.
For many years now, there has been a strong economic scholarship
pointing to the importance of institutions in general - and, more
particularly, legal rules and the rule of law - for economic
development. The importance of law for economic growth has also
been empirically tested in many well-known and often cited studies.
These studies seem to indicate not only that law is relevant in the
development of countries and their economic growth in particular,
but more specifically, that particular legal systems do better than
others. The tenant of this scholarship (especially initiated by
Andrej Schleifer and others) is that the common law would be a more
efficient system in promoting economic growth than the civil law.
However, many scholars doubt the empirical claim of this and
criticize these findings, both on methodological grounds as well as
on grounds of a misconception of differences between the civil and
the common law. The interest in legal origins for the efficiency of
the legal system also focuses on particular legal regimes, such as
accident law, environmental law, or corporate law. Increasingly,
the question is also asked whether legal institutions and the rule
of law are also important in the process whereby poor nations
develop their economy. For example, Cooter, Schafer, and Ulen have
attempted to examine why particular developing countries do
relatively better than others and, roughly speaking, also attribute
(part of the) success of some developing countries to legal
institutions. However, others (more particularly Ulen) point at the
fact that legal rules may play some role, but perhaps only a modest
role in economic development. A powerful example which is quoted in
that respect is the one of China which, at least at first blush,
does not seem to rely strongly on legal institutions (at least in
the traditional sense) and nevertheless has experienced a
spectacular economic growth. The particular case of China hence
remains somewhat puzzling in this debate. So far, these various
streams of literature paying attention to the question to what
extent legal origins matter for economic growth have not been
strongly integrated and have, to a large extent, been developed in
separate social sciences (institutional economics, development
economics, and comparative law). This multi-disciplinary book
brings these approaches together in an integrated and structural
manner. (Series: Ius Commune Europaeum - Vol. 100)
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.
This book analyses the drivers of specific common pool resource
problems, particularly in fisheries and forestry, examining the way
in which private and public regulation have intervened to fight the
common pool resource problem by contributing to the establishment
and maintenance of property rights. It focuses on the various forms
of regulation that have been put in place to protect fisheries and
forestry over the past decades - both from a theoretical as well as
from a policy perspective - comparing the concrete interaction of
legal and policy instruments in eight separate jurisdictions.
The field of disaster law has witnessed a huge surge in interest
over the past few years. Building widespread recognition of the
shortcomings of legal systems faced with disasters, academics have
increasingly turned their attention to exploring how these failings
can be addressed. This volume is a carefully selected collection of
essays which focus on the legal and economic aspects of disaster
law and pays particular attention to the legalities of
catastrophes. The editors have brought together seminal papers
analysing how disasters, both natural and man-made, could be
prevented and investigating the ways in which compensation for such
events could be provided.This set of indispensable papers examines
such issues through a variety of analytical lenses and provides a
solid foundation for future developments in this dynamic and highly
topical subject.
`Climate Change Liability provides an illuminating comparative
perspective on the role of the courts in this critical area. The
book probes a critical yet constructive analysis of theories of
tort liability. Beyond tort law, the book insightfully explores
alternative forms of litigation, such as actions in the ECHR to
remedy inadequate adaptation measures and public law actions to
force governments to adopt mitigation measures.' - Daniel Farber,
University of California, US `As climate change negotiations slow
down despite the growing scientific evidence, there is room for a
new approach to the problem - climate liability. This thoroughly
researched timely book discusses the different aspects of liability
and will hopefully push governments to take action!' - Joyeeta
Gupta, Vrije Universiteit Amsterdam, the Netherlands `Since the
2009 Copenhagen Climate Change conference, international efforts to
stop global warming are in disarray, making the need for innovative
approaches all the more urgent. This book explores the utility of
litigation as an alternative to conventional measures in the battle
against climate change. While acknowledging the difficulties that
attempting to impose liability can pose, it suggests and assesses
solutions to meet these challenges, thus paving the way for taking
the fight against global warming to the court room.' - Rene
Lefeber, University of Amsterdam, the Netherlands This book sheds
new light on the growing issue of using liability as a tool for
both preventing and compensating for the damage caused by climate
change. Michael Faure and Marjan Peeters have brought together a
selection of expert contributors who explore a variety of both
national and European perspectives on the topic. Climate change
liability is no longer only a theoretical idea since climate change
litigation has become so hotly debated and this book examines to
what extent it can be used for mitigation and adaptation issues.
Chapters discuss the potential role of liability within various
legal systems, like the national systems of the USA and The
Netherlands, but also EU and ECHR law. Liability is outlined in a
broad perspective since not only compensation for damage suffered
by plaintiffs is discussed, but also the need for prevention in
order to obtain a reduction of greenhouse gases. This
well-documented work will be invaluable to law and environmental
science students, researchers, lawyers and civil servants.
"Environmental crime is a growing challenge for policy makers and
law enforcers. This is an important and timely study which examines
in depth how environmental crime is treated at national level
within the European Union and the impact of the 2008 EU Directive
on environmental crime on national systems. It will be required
reading by anyone concerned with making environmental law more
effective." Richard Macrory, Emeritus Professor, University College
London The aim of this important new collection is to explore how
environmental crime is controlled and environmental criminal law is
shaped and implemented within the European Union and its Member
States. It examines the legal framework, looking in particular at
Directive 2008/99/EC, and the specific competences of the EU in
this domain. In addition, it provides a detailed analysis of
environmental criminal law in seven Member States, focusing inter
alia on the basic legislation, the way in which environmental
pollution is criminalised and the main actors in place to enforce
environmental criminal law. In so doing, it provides a much needed
explanation of the evolution of environmental criminal law in
Europe at Union level and how this is implemented in selected
Member States.
This unique book considers competition policy and regulation in
light of the recent introduction of the anti-monopoly law in China.
It addresses the relevance of competition policy for China from a
broad theoretical and practical perspective, bringing together
lawyers and economists from China, Europe and the US to provide an
integrated law and economics approach. Given that the development
of the Chinese anti-monopoly law in China was heavily reliant on a
comparative approach, the contributors analyze how its text and
practice actually compare to European and US legislation. The first
cases in which Chinese anti-monopoly law were applied are explored,
and both competition law and competition policy are discussed in
detail. Topics include: industrial and professional regulation and
their relationship to competition law, merger control, substantive
competition law issues, cartels, and abuse of dominance and
predation. This unique book will prove a fascinating read for
competition lawyers, economists with a special interest in
regulation and competition, and for practitioners concerned with
competition policy and regulation. Contributors include: L.A.
Andres, F.-L. Chen, M. Faure, R. Gilbert, J.L. Guasch, Y. Huang, R.
Pardolesi, N. Philipsen, D. Rubinfeld, T. Ulen, R. Van den Bergh,
S. Weishaar, D. Yu, L. Yu, V. Zhang, X. Zhang, Z. Zhang
For some time now, environmental enforcement networks have been
part of the very fabric of environmental law. Yet, academic
research has somewhat neglected them. This book is a game-changer.
It shows just how 'smart' enforcement networks have become, and
indeed need to be, in the never-ending struggle for effectiveness
of environmental protection: they operate horizontally or
vertically, locally and globally, top-down and bottom-up, often
through citizens engagement and always in search for greater
effectiveness. The book's contributions from a wide range of
environmental scholars and professionals give the impression of a
fascinating new development, i.e. the increasing role of civil
society in global environmental governance.' - Klaus Bosselmann,
University of Auckland, New Zealand'This book is a fascinating and
original study of a little known phenomenon of environmental
enforcement networks. In 26 chapters of this volume the reader is
presented with ample examples of environmental enforcement networks
in the world. The editors of this book achieved a great success in
presenting this question in almost all continents. The contributing
authors of this book, theorists and practitioners, present an
in-depth overview of the role of networks in compliance with
environmental obligations. It is a very well-informed and honest
book, from which a very complex picture of enforcement networks
emerges. This volume is one of the most important and indispensable
contributions to understanding the problem of the enforcement of
environmental law in general.' - Malgosia Fitzmaurice, Queen Mary
University of London, UK Compliance and enforcement is a
fundamental issue within environmental law. But despite its
pertinence, it is an area that has been neglected in academic
research. Addressing this gap, this timely book considers the
circumstances under which networking can increase the effectiveness
of environmental enforcement. Presenting a general theory of how
and why networking can increase the effectiveness of environmental
enforcement, expert contributors ascertain the potential benefits
of environmental enforcement networks. Specific criteria and
benchmarks are provided, indicating under which circumstances
networking may increase the competency of environmental
enforcement. The book explores theoretical and empirical
discussions of the benefits of networks, offering a discerning
assessment of enforcement networks' influence on environmental
protection. It also examines issue based examples of networks, such
as networks dealing with transboundary waste or wildlife. In
addition to this, environmental enforcement in particular areas,
such as the US, Europe, Australia or Africa, is considered.
Academics in environmental law and policy will benefit from this
thorough overview of an important phenomenon. In addition,
practitioners and policy makers will appreciate the valuable
insights presented. Contributors include: M. Angelov, B. Araba
Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T.
Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W.
Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G.
Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L.
Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P.
Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C.
Perez, G. Pink, H. Qin, H. Ruessink, Z. Sava an, A. Stas, G.M.
Vagliasindi, E. Van Asch, J. Yang, D. Zaelke
Compensation funds are used in vastly different ways across
jurisdictions and legal traditions. They are an alternative to
traditional tort, insurance and social security structures, and
change or eliminate ordinary liability rules for certain classes of
victims. Compensation funds have been established to solve
liability problems in the domains of traffic accidents, financial
deposits, crime victim redress, industrial and environmental
damage, natural disasters and healthcare damage. They are popular
with lawmakers, but their undefined nature (and sometimes
incoherent status) raises important legal questions that have not
yet been fully answered.The way that compensation funds have
developed in different jurisdictions has not always been consistent
with the rest of the legal system within that jurisdiction. The
contributions in this book consider the way in which these funds
have been used in Belgium, France, Germany, the Netherlands, New
Zealand, Spain and the United Kingdom. Focusing on their functions,
purpose, funding and quantum of compensation, new conclusions are
drawn on the objectives of compensation funds and how they differ
from insurance and social security.Compensation Funds in
Comparative Perspective is useful for all comparative law,
liability law and insurance law scholars and practitioners seeking
to understand contemporary issues in the operation of compensation
funds and introduces novel ideas for future development.
This book comprises contributions on recent developments in China
from a law and economics perspective. For the first time Chinese
and European scholars jointly discuss some important attributes of
China's legal and economic system, and some recent problems, from
this particular viewpoint. The authors apply an economic analysis
of law not only to general characteristics of China's social order,
such as the specific type of federal competition, the efficiency of
taxation and regulation, and the importance of informal
institutions (Guanxi), but also to distinct areas of Chinese law
such as competition policy, professional regulation, corporate
governance and capital markets, oil pollution, intellectual
property rights and internet games. The contributors discuss to
what extent the law and economic models that have so far been
employed within the context of developed countries can be applied
to a country like China as well. The European scholars use law and
economics in order to determine what China could learn from the
European experience. The Chinese scholars discuss whether law and
economics can be of any use in analysing the particular features of
the Chinese legal system today. Economic Analysis of Law in China
will appeal to lawyers, economists and social scientists in China
interested in developing legal institutions with an eye on economic
efficiency. Scholars generally interested in the economic analysis
of law, as well as in the comparison and transition of economic
systems, will also find much in this book that will be of interest
to them.
Day fines, as a pecuniary sanction, have a great potential to
reduce inequality in the criminal sentencing system, as they impose
the same relative punishment on all offenders irrespective of their
income. Furthermore, with correct implementation, they can
constitute an alternative sanction to the more repressive and not
always efficient short-term prison sentences. Finally, by
independently expressing in the sentence the severity and the
income of the offender, day fines can increase uniformity and
transparency of sentencing. Having this in mind, almost half of the
European Union countries have adopted day fines in their criminal
justice system. For the first time, this book makes their findings
accessible to a wider international audience. Aimed at scholars,
policy makers and criminal law practitioners, it provides an
opportunity to learn about the theoretical advantages, the
practical challenges, the successes and failures, and ways to
improve.
Day fines, as a pecuniary sanction, have a great potential to
reduce inequality in the criminal sentencing system, as they impose
the same relative punishment on all offenders irrespective of their
income. Furthermore, with correct implementation, they can
constitute an alternative sanction to the more repressive and not
always efficient short-term prison sentences. Finally, by
independently expressing in the sentence the severity and the
income of the offender, day fines can increase uniformity and
transparency of sentencing. Having this in mind, almost half of the
European Union countries have adopted day fines in their criminal
justice system. For the first time, this book makes their findings
accessible to a wider international audience. Aimed at scholars,
policy makers and criminal law practitioners, it provides an
opportunity to learn about the theoretical advantages, the
practical challenges, the successes and failures, and ways to
improve.
Pretdag is 'n titel in die reeks Slimkoppe Lees!, wat ontwikkel is
om kinders met selfvertroue aan die lees te kry terwyl hulle dit
geniet. Die 16 boekies in die reeks is verdeel in vier vlakke wat
met kinders se leesontwikkeling ooreenstem. Vlak 1 (Kom ons begin!)
is net reg vir outjies wat pas begin lees. Die kleurryke prente
vertel die stories en die teks daarby is eenvoudig. Vlak 1 bied
vier prettige boekies - Hallo!; Een, twee, drie; Pretdag; en Weg! -
elk met vier kort stories. Wanneer kinders dit regkry om kort sinne
te lees, is hulle gereed om saam met die innemende
Slimkoppe-karakters Vlak 2 se avonture aan te durf.
This book, from a top international group of scholars, explores the
ways in which economic tools can be used to improve the quality of
regulation in general and legislative tools in particular. As the
role of law becomes increasingly important in China, the question
arises of how effective regulatory and legislative tools can be
developed to accompany the Chinese evolution towards a welfare
state. China therefore provides a unique case study for scholars
and policymakers interested in examining how regulation can play a
role in promoting sustainable development. Economics and Regulation
in China goes beyond traditional economic analysis of law by
focusing specifically on the question of how economic tools can
guide the quality of legislation. To this end, the book centres in
on three areas: regulation as a tool of economic growth,
competition policy and environmental policy. Not only are these
three domains of great importance for China, but they are also
relevant for a broad scholarship interested in the economic
analysis of law. This volume contributes to discussions on how
ex-ante evaluation of legislative proposals and ex-post analysis
can increase the effectiveness and efficiency of regulation, using
economic tools, offering insights that go beyond the particular
case of China. The analysis offered by this book makes it an
invaluable resource for academics and policymakers alike.
The right to land plays a key role in the realisation of a plethora
of human rights, including the right to food, water, housing,
employment, a clean and healthy environment, an adequate standard
of living, social status and the power to make decisions. Property
rights over land can take many forms, from mere access rights to
ownership. Due to a growing world population and various global
crises and developments such as agrarian reform, land is becoming
scarce. The result is that land prices increase and the poorest
sectors of society are deprived of access to land whilst State
authorities and foreign investors practise land grabbing to make
way for palm oil, animal feed and biofuel plantations, tourist
resorts, or as speculative investment. In addition, arable land is
not only claimed for residential purposes, but also by industries
that in turn pollute the soil and water. Many groups in society,
especially in developing States, need access to land for their
subsistence. It is these smallholders, landless farmers, rural
youths, indigenous peoples and women who often suffer the worst
consequences of land reform schemes and land grabbing practices.
They are not well protected by the existing forms of land tenure
and State authorities often fail to live up to their human rights
obligations to respect and protect the land rights of people in all
sectors of their society.Legal Aspects of Land Rights is the result
of the cooperation of scholars from five Indonesian faculties of
law, the Maastricht Centre for Human Rights, and the Maastricht
European Transnational Research Institute (METRO), together known
as the Land Rights Consortium.
This book, from a top international group of scholars, explores the
ways in which economic tools can be used to improve the quality of
regulation in general and legislative tools in particular. As the
role of law becomes increasingly important in China, the question
arises of how effective regulatory and legislative tools can be
developed to accompany the Chinese evolution towards a welfare
state. China therefore provides a unique case study for scholars
and policymakers interested in examining how regulation can play a
role in promoting sustainable development. Economics and Regulation
in China goes beyond traditional economic analysis of law by
focusing specifically on the question of how economic tools can
guide the quality of legislation. To this end, the book centres in
on three areas: regulation as a tool of economic growth,
competition policy and environmental policy. Not only are these
three domains of great importance for China, but they are also
relevant for a broad scholarship interested in the economic
analysis of law. This volume contributes to discussions on how
ex-ante evaluation of legislative proposals and ex-post analysis
can increase the effectiveness and efficiency of regulation, using
economic tools, offering insights that go beyond the particular
case of China. The analysis offered by this book makes it an
invaluable resource for academics and policymakers alike.
This work offers a multidisciplinary approach to legal and policy
instruments used to prevent and remedy global environmental
challenges. It provides a theoretical overview of a variety of
instruments, making distinctions between levels of governance
(treaties, domestic law), types of instruments (market-based
instruments, regulation, and liability rules), and between
government regulation and private or self-regulation. The book's
central focus is an examination of the use of mixes between
different types of regulatory and policy instruments and different
levels of governance, notably in climate change, marine oil
pollution, forestry, and fisheries. The authors examine how, in
practice, mixes of instruments have often been developed. This book
should be read by anyone interested in understanding how
interactions between different instruments affect the protection of
environmental resources.
Although many books focus on law and economics, and environmental
economics, this is one of the first to combine the two topics in a
fully integrated and comprehensive manner. The authors successfully
bridge the gap between the disciplines of environmental law and
traditional economics in a lucid and highly accessible style. The
Economic Analysis of Environmental Policy and Law covers many of
the recent advances in the field and attempts to integrate some of
the most crucial legal and economic instruments which, in the
authors' view, have not yet been subjected to proper analysis.
These include zoning, expropriation, licensing, third party
liability, safety regulation, mandatory insurance and criminal
sanctions. The authors pay particular attention to the
interrelationships of these instruments and their various economic
effects. Using a comparative law and economics methodology, they
are also able to incorporate environmental law with international
policy and investigate the many diverse rules of the legal system
and their implementation in different countries. Crucially, the
authors do not consider economics as the exclusive determinant in
legal rule-making. They also highlight the need for ethical
considerations and illustrate the potential limitations of pure
economic analysis. The book assumes no prior knowledge of economics
and will prove informative and rewarding for students of law and
the social and natural sciences, especially those with an interest
in environmental policy. With an extensive reference list and
detailed notes on further reading material, this book will also
serve as a stimulating introduction to the discipline of law and
economics for environmental, political and legal practitioners.
This work offers a multidisciplinary approach to legal and policy
instruments used to prevent and remedy global environmental
challenges. It provides a theoretical overview of a variety of
instruments, making distinctions between levels of governance
(treaties, domestic law), types of instruments (market-based
instruments, regulation, and liability rules), and between
government regulation and private or self-regulation. The book's
central focus is an examination of the use of mixes between
different types of regulatory and policy instruments and different
levels of governance, notably in climate change, marine oil
pollution, forestry, and fisheries. The authors examine how, in
practice, mixes of instruments have often been developed. This book
should be read by anyone interested in understanding how
interactions between different instruments affect the protection of
environmental resources.
Today terrorism has become a world-wide phenomenon which does not
stop at the European borders. Following the 9/11 attacks on the
World Trade Centre and terrorist attacks in Paris, Madrid and
London, concerns have arisen in Europe about potential liability
exposure for terrorism-related damage. This book tackles the
problem of civil liability for damage caused by terrorist acts from
several angles. The authors expertly deliver a comprehensive
analysis of terrorism-related risk under international and EU law,
and the national tort law systems of seven representative EU Member
States. They also provide a comparison of the situation in Europe
to the liability environment in the United States. Risk mitigation
strategies are considered and critically assessed, as are
alternative systems for redressing terrorism-related risks. The
book concludes with a reflection on the analysis and presents
possible strategies for future regulation by the European
lawmakers.
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