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Implementing Environmental Law by Paul Martin,Amanda Kennedy Pdf
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i
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.
Globalization, Environmental Law, and Sustainable Development in the Global South by Kirk W. Junker,Paolo Davide Farah Pdf
This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.
Environmental Law in Canada by Jamie Benidickson Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Canada. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Canada. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.
The Effectiveness of Environmental Law by Sandrine Maljean-Dubois (juriste)) Pdf
This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]
Compliance and Enforcement in Environmental Law by LeRoy Paddock,David L. Markell Pdf
This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy. Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. Publisher's note.
This title was first published in 2002. Environmental Policy is an astute and far-reaching text which analyzes the intersections between environmental policy formation and its ultimate implementation and enforcement through the law. It sets this theme against the axis of EU law and policy and UK law and policy, paying particular attention to the variables which determine the nature and significance of law as a delivery vehicle . Among these variables are the shape and character of EU and UK law for present purposes, alternatives to law, and the culture of UK law and policy aiding a distinct pattern of response to Directives, for example. It takes an informed look at the reality of implementation and enforcement through its reference to policy objectives as well as the limits and appropriateness of law across the aforementioned axis . An indispensable resource for scholars and students of environmental law and policy, along with governmental and other environmental agencies responsible for policy creation, implementation and enforcement.
Implementing International Environmental Law and Policy by Joanna Miller Smallwood Pdf
"This book introduces a novel discourse, based on socio-legal theory of compliance with international environmental law, which addresses the overarching question: when can international environmental law and policy achieve implementation, compliance and be effective? Offering an important contribution to academic and practical understandings of implementation and compliance with international environmental obligations, the book firstly critiques existing multidisciplinary theories of law and then brings together international and domestic legal theories to highlight their symbiotic relationship. It also stresses the importance of interactions between domestic and international legal and policy processes. This pioneering discourse is argued to be transformative to international environmental regimes and offers a way for them to be truly normative and to achieve compliance. The book will be of interest to students and scholars in the field of socio-legal studies and international environmental law and policy"--
Environmental Law from the Policy Perspective by Chad J. McGuire Pdf
Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective. By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings. Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.
The Environment and NAFTA by Pierre-Marc Johnson,André Beaulieu Pdf
Pierre Marc Johnson and Andre Beaulieu consider the context in which those implications were brought to the negotiating table, the legal mechanism established to address them, and the original trilateral institution set up to maintain a continent-wide level of environmental cooperation.
Routledge Handbook of International Environmental Law by Erika Techera Pdf
The Routledge Handbook of International Environmental Law is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL). The Handbook features specially commissioned papers by leading experts in the field of international environmental law, drawn from a range of both developed and developing countries in order to put forward a truly global approach to the subject. Furthermore, it addresses emerging and cross-cutting issues of critical importance for the years ahead. The book is split into six parts for ease of reference: The Legal Framework, Theories and Principles of International Environmental Law - focuses on the origins, theory, principles and development of the discipline; Implementing International Environmental Law - addresses the implementation of IEL and the role of various actors and institutions, including corporations, intergovernmental organisations and NGOs; Key Issues and Legal Frameworks - brings fresh perspectives of the common general issues of international environmental law, such as biological diversity and marine environmental law; Regional Environmental Law - explores the specific regimes developed to address regional environmental issues, considering the evolution, prospects and relationship of regional law and mechanisms to IEL; Cross-Cutting Issues - considers the engagement of international environmental law with other key fields and legal regimes, including international trade, human rights and armed conflict; Contemporary and Future Challenges - analyses pressing current and emerging issues in the field including environmental refugees and climate change, REDD and deforestation, and ‘treaty congestion’ in IEL. This up-to-date and authoritative book makes it an essential reference work for students, scholars and practitioners working in the field.
