Perspectives on Environmental Law Scholarship PDF Download

Author: Ole W. Pedersen
Publisher: Cambridge University Press
ISBN: 1108626726
Category : Law
Languages : en
Pages : 255

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Book Description
This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.

Author: Paul Martin
Publisher: Edward Elgar Publishing
ISBN: 1781000484
Category : Law
Languages : en
Pages : 361

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Book Description
A unique publication that examines emerging and cutting-edge environmental issues from no less than seven countries including Africa and China. These issues are examined mainly from a trans-disciplinary environmental governance perspective that includes law, ecology, economics, policy and management. The contributors to the book include some exceptional young scholars. They, together with other contributors who are distinguished environmental legal experts, have advanced the scholarship of environmental governance. Koh Kheng-Lian, National University of Singapore This timely volume provides fascinating insights into emerging developments in the field of legal governance of the environment at a time when environmental governance is increasingly concerned with far more than legal doctrine. The expert contributors are concerned with the totality of arrangements through which power and resources are deployed to protect and restore natural resources, and how the costs and benefits of this are allocated. They explore key issues such as: how the community exercises its democratic rights; how government responds to the needs of current and future generations and balances the interests of the powerful with the powerless; the freedoms and responsibilities of commerce and the holders of property; and the ways in which laws and policies are informed by science and other perspectives. The various ways in which legal scholarship is pivotal to good governance are thus highlighted, as is the extent of innovation being generated by current ecological, economic and social challenges. Clearly demonstrating the increasing breadth and depth of environmental law scholarship, this thought-provoking book will prove an invaluable reference tool for academics, students and researchers focusing on environmental law and development.

Author: Klaus Mathis
Publisher: Springer
ISBN: 3319509322
Category : Law
Languages : en
Pages : 542

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Book Description
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Edward Elgar Publishing
ISBN: 1784712574
Category : Law
Languages : en
Pages : 601

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Book Description
This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.

Author:
Publisher:
ISBN: 9781422498880
Category : Law
Languages : en
Pages : 0

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Book Description
This volume brings together 40 readings from lawyers, economists, environmentalists, and legal scholars, to help introduce readers to the major theoretical approaches in the field of environmental law and policy. The selections have been extensively edited to facilitate accessibility, and each chapter has an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings, as well as to introduce and critique a broader set of perspectives. The Foundations of Law Series offers a collection of comprehensive readings that provide an interdisciplinary perspective on a substantive legal field. Edited by scholars who have made important contributions, the readings are designed to provide an accessible introduction to the leading scholarship in a field. Accompanying notes and questions permit students to engage fully in the literature on their own, as well as to aid their understanding of material covered in classes.

Author: Bridget M. Hutter
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 434

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Book Description
Recent years have witnessed an increasing interest in the environment and in environmental law, trends which have been reflected in academic work. This reader considers a cross-section of socio-legal work on environmental law, tracing its development over the past twenty years. It includeswork from a variety of disciplines, theoretical perspectives and from an international scholarship. It aims to give a taste of the breadth and development of socio-legal approaches to one of the most important regulatory regimes in the western industrialised world the regulation of the environment.The readings encompass various legal approaches to environmental protection, alternatives to the law, and both domestic and supra-national issues. They also consider broader themes such as the interaction of law and science and the effects of criminalizing environmental offences, and indicate areaswhich future research could usefully address.

Author: Louis J. Kotzé
Publisher: Edward Elgar Publishing
ISBN: 1781002533
Category : Law
Languages : en
Pages : 361

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Book Description
ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Taylor & Francis
ISBN: 1136817123
Category : Law
Languages : en
Pages : 257

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Book Description
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. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Author: Daniel A. Farber
Publisher:
ISBN: 9781783477609
Category : Climatic changes
Languages : en
Pages : 0

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Book Description
Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. This book focuses on concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. It provides a comprehensive discussion, with more than 50 structured entries developed by experts from across the world. The coverage sets mitigation and adaptation issues in their wider context, using both international and national perspectives. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice

Author: Sumudu A. Atapattu
Publisher: Cambridge University Press
ISBN: 1108574483
Category : Political Science
Languages : en
Pages : 825

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Book Description
Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.