environmental law and justice in context

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Environmental Law And Justice In Context

Author : Jonas Ebbesson
ISBN : 9780521879682
Genre : Law
File Size : 39. 38 MB
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political science and international relations." --Book Jacket.

The Law Of Environmental Justice

Author : Sheila R. Foster
ISBN : 1604420839
Genre : Law
File Size : 20. 59 MB
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Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.

The Rio Declaration On Environment And Development

Author : Jorge E. Viñuales
ISBN : 9780191510427
Genre : Law
File Size : 68. 38 MB
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Law S Ethical Global And Theoretical Contexts

Author : Upendra Baxi
ISBN : 9781316404768
Genre : Law
File Size : 67. 44 MB
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Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

Social Ecological Resilience And Law

Author : Ahjond S. Garmestani
ISBN : 9780231536356
Genre : Nature
File Size : 39. 29 MB
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Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Casebook On Eu Environmental Law

Author : Ludwig Kramer
ISBN : 9781847312297
Genre : Law
File Size : 62. 78 MB
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This book comments on fifty key judgments which the Court of Justice and the Court of First Instance have given on European Community environmental law. For each judgment,the facts and procedures are described, followed by an extract of the essential parts of the judgment and a commentary which places the judgment in its legal, environmental and political context and develops the lines of reasoning of the Court. The fifty cases selected cover all substantive and procedural aspects of Community environmental law, as regards the provisions of the EC Treaty (cases 1 to 9), horizontal problems (cases 10 to 18), water and air (cases 19 to 25), products and noise (cases 26 to 32), nature protection (cases 33 to 38), waste management (cases 39 to 45) and procedural questions (cases 46 to 50). Particular emphasis is laid on commenting on recent judgments: thus, the oldest case discussed dates from 1991 and 43 of the 50 judgments date from 1996 or later. The book provides a clear insight into the jurisdiction of the European Courts; it will be of particular use to practitioners of national and Community environmental law, researchers, law students and administrators. It is written in a comprehensible style which also makes it a useful tool for non-lawyers who deal with European Community environmental law and policy.

The Challenge Of International And Comparative Law In The Context Of Climate Justice And Climate Change Law

Author : Gisele Ferreira de Araújo
ISBN : 9781467891608
Genre : Law
File Size : 28. 30 MB
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Readers will have contact with a multi-disciplinary approach and an overview of the tools the legal discipline of Comparative Law offers to the climate change debate. The book considers the current gaps in international law by arguing that a Comparative Law analytical framework can homogenise the application of international law in the climate change law context.

Unraveling The Nagoya Protocol

Author : Elisa Morgera
ISBN : 9789004217188
Genre : Law
File Size : 42. 75 MB
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The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.

Law And Ecology

Author : Andreas Philippopoulos-Mihalopoulos
ISBN : 9781136817120
Genre : Law
File Size : 86. 37 MB
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Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law.

Environmental Discourses In Public And International Law

Author : Brad Jessup
ISBN : 9781107379596
Genre : Law
File Size : 34. 51 MB
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This collection of essays examines the development and application of environmental laws and the relationship between public laws and international law. Notions of good governance, transparency and fairness in decision-making are analysed within the area of the law perceived as having the greatest potential to address today's global environmental concerns. International trends, such as free trade and environmental markets, are also observed to be infiltrating national laws. Together, the essays illustrate the idea that in the context of environmental problems being dynamic and environmental changes appearing suddenly, laws become difficult to design and effect. Typically, they are also devised within a conflicted setting. It is in this changeable and discordant context that environmental discourses such as precaution, justice, risk, equity, security, citizenship and markets contribute to legal responses, present legal opportunities or hinder progress.

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