A Global Environmental Right

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A Global Environmental Right

Stephen Turner
A Global Environmental Right Book PDF

Author : Stephen Turner
Publisher : Routledge
Page : 203 pages
File Size : 47,7 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135090258

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A Global Environmental Right by Stephen Turner Pdf

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

A Global Environmental Right

Stephen Turner
A Global Environmental Right Book PDF

Author : Stephen Turner
Publisher : Routledge
Page : 215 pages
File Size : 41,8 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135090241

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A Global Environmental Right by Stephen Turner Pdf

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

The Environmental Rights Revolution

David R. Boyd
The Environmental Rights Revolution Book PDF

Author : David R. Boyd
Publisher : UBC Press
Page : 470 pages
File Size : 49,8 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780774821636

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The Environmental Rights Revolution by David R. Boyd Pdf

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

The Global Emergence of Constitutional Environmental Rights

Joshua C. Gellers
The Global Emergence of Constitutional Environmental Rights Book PDF

Author : Joshua C. Gellers
Publisher : Taylor & Francis
Page : 150 pages
File Size : 54,7 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524405

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The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Comparative and Global Environmental Law and Policy

Tseming Yang,Anastasia Telesetsky,Lin Harmon-Walker,Robert V. Percival
Comparative and Global Environmental Law and Policy Book PDF

Author : Tseming Yang,Anastasia Telesetsky,Lin Harmon-Walker,Robert V. Percival
Publisher : Aspen Publishing
Page : 1222 pages
File Size : 51,5 Mb
Release : 2019-09-13
Category : Law
ISBN : 9781543815184

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Comparative and Global Environmental Law and Policy by Tseming Yang,Anastasia Telesetsky,Lin Harmon-Walker,Robert V. Percival Pdf

Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

Global Environmental Constitutionalism

James R. May,Erin Daly
Global Environmental Constitutionalism Book PDF

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 42,9 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107022256

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Global Environmental Constitutionalism by James R. May,Erin Daly Pdf

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Global Environmental Constitutionalism in the Anthropocene

Louis J Kotzé
Global Environmental Constitutionalism in the Anthropocene Book PDF

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 48,7 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907595

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Global Environmental Constitutionalism in the Anthropocene by Louis J Kotzé Pdf

There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.

Global Environmental Law at a Crossroads

Robert V. Percival,Jolene Lin,William Piermattei
Global Environmental Law at a Crossroads Book PDF

Author : Robert V. Percival,Jolene Lin,William Piermattei
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 55,8 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781783470853

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Global Environmental Law at a Crossroads by Robert V. Percival,Jolene Lin,William Piermattei Pdf

This timely volume considers the future of environmental law and governance in the aftermath of the "Rio+20" conference. An international set of expert contributors begin by addressing a range of governance concepts that can be used to addres

The Global Emergence of Constitutional Environmental Rights

Joshua C. Gellers
The Global Emergence of Constitutional Environmental Rights Book PDF

Author : Joshua C. Gellers
Publisher : Routledge
Page : 143 pages
File Size : 40,9 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524399

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The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf

Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Environmental Human Rights and Climate Change

Bridget Lewis
Environmental Human Rights and Climate Change Book PDF

Author : Bridget Lewis
Publisher : Springer
Page : 250 pages
File Size : 41,5 Mb
Release : 2018-08-21
Category : Law
ISBN : 9789811319600

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Environmental Human Rights and Climate Change by Bridget Lewis Pdf

This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

International Environmental Law and the Global South

Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque
International Environmental Law and the Global South Book PDF

Author : Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque
Publisher : Cambridge University Press
Page : 657 pages
File Size : 48,7 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107055698

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International Environmental Law and the Global South by Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque Pdf

Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.

An Unfinished Foundation

Ken Conca
An Unfinished Foundation Book PDF

Author : Ken Conca
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 52,9 Mb
Release : 2015
Category : Political Science
ISBN : 9780190232863

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An Unfinished Foundation by Ken Conca Pdf

This volume examines the origins, effectiveness, and limitations of the United Nations system's approach to global environmental governance. It traces the history of the UN's approach, maps its increasingly apparent limits, and suggests needed reforms to use conflict sensitivity, peacebuilding, accountability mechanisms, and rights-based approaches as tools in the UN's environmental work.

Routledge Handbook of Marine Governance and Global Environmental Change

Paul G. Harris
Routledge Handbook of Marine Governance and Global Environmental Change Book PDF

Author : Paul G. Harris
Publisher : Taylor & Francis
Page : 423 pages
File Size : 48,6 Mb
Release : 2022-06-15
Category : Nature
ISBN : 9781351369596

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Routledge Handbook of Marine Governance and Global Environmental Change by Paul G. Harris Pdf

This comprehensive handbook provides a detailed and unique overview of current thinking about marine governance in the context of global environmental change. Many of the most profound impacts of global environmental change, and climate change in particular, will occur in the oceans​. It is vital that we consider the​ role of marine​ governance in adapting to and mitigating these impacts. This comprehensive handbook provides a thorough review of current thinking about marine environmental governance, including law and policy, in the context of global environmental change. Initial chapters describe international law, regimes, and leadership in marine environmental governance, in the process considering how existing regimes for climate change and the oceans should and can be coordinated. This is followed by an exploration of the role of non-state actors, including scientists, nongovernmental organisations, and corporations. The next section includes a collection of chapters highlighting governance schemes in a variety of marine environments and regions, including coastlines, islands, coral reefs, the open ocean, and regional seas. Subsequent chapters examine emerging issues in marine governance, including plastic pollution, maritime transport, sustainable development, environmental justice, and human rights. Providing a definitive overview, the Routledge Handbook of Marine Governance and Global Environmental Change is suitable for advanced students in marine and environmental governance, ​environmental law and policy, and climate change, as well as practitioners, activists, stakeholders​, and others concerned about the world’s oceans and seas.

Global Environmental Change and Innovation in International Law

Neil Craik,Cameron S. G. Jefferies,Sara L. Seck,Tim Stephens
Global Environmental Change and Innovation in International Law Book PDF

Author : Neil Craik,Cameron S. G. Jefferies,Sara L. Seck,Tim Stephens
Publisher : Cambridge University Press
Page : 371 pages
File Size : 42,7 Mb
Release : 2018-06-28
Category : Law
ISBN : 9781108423441

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Global Environmental Change and Innovation in International Law by Neil Craik,Cameron S. G. Jefferies,Sara L. Seck,Tim Stephens Pdf

Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.

An Unfinished Foundation

Ken Conca
An Unfinished Foundation Book PDF

Author : Ken Conca
Publisher : Oxford University Press
Page : 321 pages
File Size : 50,9 Mb
Release : 2015
Category : Political Science
ISBN : 9780190232856

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An Unfinished Foundation by Ken Conca Pdf

This volume examines the origins, effectiveness, and limitations of the United Nations system's approach to global environmental governance. It traces the history of the UN's approach, maps its increasingly apparent limits, and suggests needed reforms to use conflict sensitivity, peacebuilding, accountability mechanisms, and rights-based approaches as tools in the UN's environmental work.