Author: Sharon Beder
Publisher: Routledge
ISBN: 1134037260
Category : Nature
Languages : en
Pages : 313
Book Description
Environmental Principles and Policies uses environmental and social principles to analyse the latest wave of economic-based and market-orientated environmental policies currently being adopted around the world. This book provides an in-depth examination of six key principles that have been incorporated into international treaties and the national laws of many countries: * ecological sustainability * the polluter pays principle * the precautionary principle * equity * human rights * public participation These principles are then used to evaluate a range of policies including pollution charges, emissions, trading, water markets, biodiversity banks and tradable fishing rights. Environmental Principles and Policies is easily accessible, using non-technical language throughout, and - in what sets it apart from other books on environmental policy-making - it takes a critical and interdisciplinary approach. It does not set out policies in a descriptive or prescriptive way, but analyses and evaluates policy options from a variety of perspectives. This enables readers to gain a thorough grasp of important principles and current policies, as well as demonstrating how principles can be used to critically assess environmental policies.
Environmental Principles
Author:
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 597
Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 597
Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.
Global Environmental Policy
Author: Charles H. Eccleston
Publisher: CRC Press
ISBN: 1439847673
Category : Law
Languages : en
Pages : 462
Book Description
Environmental policy is often practiced reactively with each crisis addressed as an isolated event. Focusing on development of proactive policies, Global Environment Policy: Concepts, Principles, and Practice provides the essential scientific and socioeconomic framework for formulating pragmatic and comprehensive environmental policies. It discusses topics of interest to American and international audiences. Beginning with basic concepts, the book proceeds successively on to more advanced principles, theories, and practices for developing and implementing comprehensive environmental policy solutions. Topics are introduced in a logical, yet connected, user-friendly manner. Using practical case studies and examples, the book illustrates both the power and limitations of theoretical approaches. It defines the scope and nature of the environmental policy problem, outlining its origins and evolution, and introduces the policy frameworks of the United Nations, European Union, and the United States. Each chapter begins with a case study and ends with a problem set; the questions are designed to elicit practical and critical thinking. The book ends with two capstone problems that exemplify nearly every major topic and aspect presented in this book. Upon completion, students should possess the competency required to examine a real world problem, evaluate it in terms of the concepts, principles, and tools described throughout the book, and develop a practical policy solution for resolving that problem.
Publisher: CRC Press
ISBN: 1439847673
Category : Law
Languages : en
Pages : 462
Book Description
Environmental policy is often practiced reactively with each crisis addressed as an isolated event. Focusing on development of proactive policies, Global Environment Policy: Concepts, Principles, and Practice provides the essential scientific and socioeconomic framework for formulating pragmatic and comprehensive environmental policies. It discusses topics of interest to American and international audiences. Beginning with basic concepts, the book proceeds successively on to more advanced principles, theories, and practices for developing and implementing comprehensive environmental policy solutions. Topics are introduced in a logical, yet connected, user-friendly manner. Using practical case studies and examples, the book illustrates both the power and limitations of theoretical approaches. It defines the scope and nature of the environmental policy problem, outlining its origins and evolution, and introduces the policy frameworks of the United Nations, European Union, and the United States. Each chapter begins with a case study and ends with a problem set; the questions are designed to elicit practical and critical thinking. The book ends with two capstone problems that exemplify nearly every major topic and aspect presented in this book. Upon completion, students should possess the competency required to examine a real world problem, evaluate it in terms of the concepts, principles, and tools described throughout the book, and develop a practical policy solution for resolving that problem.
Principles of International Environmental Law
Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521521062
Category : Law
Languages : en
Pages : 1252
Book Description
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Publisher: Cambridge University Press
ISBN: 9780521521062
Category : Law
Languages : en
Pages : 1252
Book Description
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Environmental Principles and the Evolution of Environmental Law
Author: Eloise Scotford
Publisher: Bloomsbury Publishing
ISBN: 1782252908
Category : Law
Languages : en
Pages : 307
Book Description
Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
Publisher: Bloomsbury Publishing
ISBN: 1782252908
Category : Law
Languages : en
Pages : 307
Book Description
Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
Global Governance of the Environment
Author: Afshin Akhtarkhavari
Publisher: Edward Elgar Pub
ISBN: 9781849802550
Category : Nature
Languages : en
Pages : 287
Book Description
'This book is an important contribution to the relationship between international law and politics. . . highly recommended to scholars working at the interface of international environmental law and politics, particularly those with a solid theoretical grounding. . . Akhtarkhavari's Global Governance of the Environment should be required reading for advanced students of international environmental law and politics, whatever their concern.' - Simon Marsden, Review of European Community and International Environmental Law
Publisher: Edward Elgar Pub
ISBN: 9781849802550
Category : Nature
Languages : en
Pages : 287
Book Description
'This book is an important contribution to the relationship between international law and politics. . . highly recommended to scholars working at the interface of international environmental law and politics, particularly those with a solid theoretical grounding. . . Akhtarkhavari's Global Governance of the Environment should be required reading for advanced students of international environmental law and politics, whatever their concern.' - Simon Marsden, Review of European Community and International Environmental Law
The Oxford Handbook of Comparative Environmental Law
Author: Emma Lees
Publisher:
ISBN: 0198790953
Category : Law
Languages : en
Pages : 1316
Book Description
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
Publisher:
ISBN: 0198790953
Category : Law
Languages : en
Pages : 1316
Book Description
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
The Rio Declaration on Environment and Development
Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Category : Law
Languages : en
Pages : 831
Book Description
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.
Publisher: OUP Oxford
ISBN: 0191510424
Category : Law
Languages : en
Pages : 831
Book Description
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.
Environmental Law and Policy
Author: James Salzman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 356
Book Description
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 356
Book Description
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.