Implementing Environmental Constitutionalism

Author : Erin Daly,James R. May
Publisher : Cambridge University Press
Page : 253 pages
File Size : 54,9 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107165182

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

Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 42,8 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.

Author : Melanie Murcott
Publisher : BRILL
Page : 270 pages
File Size : 42,6 Mb
Release : 2022-10-24
Category : Law
ISBN : 9789004509405

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Transformative Environmental Constitutionalism by Melanie Murcott Pdf

In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.

Author : Domenico Amirante,Silvia Bagni
Publisher : Routledge
Page : 285 pages
File Size : 50,6 Mb
Release : 2022-04-03
Category : Law
ISBN : 9781000567427

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Environmental Constitutionalism in the Anthropocene by Domenico Amirante,Silvia Bagni Pdf

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

Author : David R. Boyd
Publisher : UBC Press
Page : 470 pages
File Size : 41,7 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.

Author : Walter F. Baber,James May
Publisher : Cambridge University Press
Page : 237 pages
File Size : 52,8 Mb
Release : 2023-03-31
Category : Law
ISBN : 9781316510773

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Environmental Human Rights in the Anthropocene by Walter F. Baber,James May Pdf

An overview of environmental human rights, and the complexities of uniting human rights advocacy and environmental protection.

Author : Lynda Collins
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 2021
Category : Climatic changes
ISBN : 1032052112

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The Ecological Constitution by Lynda Collins Pdf

"The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterizes the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature"--

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,7 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.

Author : Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May
Publisher : Cambridge University Press
Page : 455 pages
File Size : 52,6 Mb
Release : 2019-05-23
Category : Business & Economics
ISBN : 9781108482240

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Environmental Rights by Stephen J. Turner,Dinah L. Shelton,Jona Razzaque,Owen McIntyre,James R. May Pdf

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

Author : Joshua C. Gellers
Publisher : Taylor & Francis
Page : 150 pages
File Size : 49,8 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.

Author : James R. May
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2015
Category : Constitutional law
ISBN : 1784711683

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Environmental constitutionalism by James R. May Pdf

Author : James May
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2023-07-14
Category : Electronic
ISBN : 1312338660

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Modern Environmental Law by James May Pdf

The need for environmental protection is all around: air and water pollution; severe weather; sea level rise; loss of species, wetlands, glaciers and biodiversity; water and food shortages; disease and pandemics; and food and water insecurity. It's also close at hand: the water from the tap; the local air quality index; local land use and development; flooding and storm damage. There are also constant reminders, as young people demand, and future generations deserve, continued vigilance in the face of environmental challenges and the climate crisis. Modern Environmental Law is a current casebook that examines signature federal, state, international and global laws, including common law and public trust, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, climate change, environmental rights, water rights, international environmental law, and environmental justice. The contents are torn from the headlines, including recent decisions from the 2021-2022 and 2022-23 Terms of the United States Supreme Court (e.g., West Virginia v. EPA; Sackett v. EPA, etc.). The casebook also integrates many related concepts, including separation of powers, federalism and individual rights, and interacts with other areas of law, including constitutional law, administrative law, property and civil procedure, and land use law.

Author : Elizabeth Charlotte Fisher,Judith S. Jones,René von Schomberg
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 46,9 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9781847201676

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Implementing the Precautionary Principle by Elizabeth Charlotte Fisher,Judith S. Jones,René von Schomberg Pdf

This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

Author : Jordi Jaria-Manzano,Susana Borràs
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 42,8 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788115810

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Research Handbook on Global Climate Constitutionalism by Jordi Jaria-Manzano,Susana Borràs Pdf

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.

Author : Yuhong Zhao
Publisher : Cambridge University Press
Page : 519 pages
File Size : 51,6 Mb
Release : 2021-06-17
Category : Business & Economics
ISBN : 9781107039445

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Chinese Environmental Law by Yuhong Zhao Pdf

Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.