The Oxford Handbook of Comparative Environmental Law

The Oxford Handbook of Comparative Environmental Law
Author: Emma Lees
Publisher: Oxford University Press
Total Pages: 1092
Release: 2019-04-25
Genre: Law
ISBN: 0192508385

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This Handbook is 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 from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Comparative and Global Environmental Law and Policy

Comparative and Global Environmental Law and Policy
Author: Tseming Yang
Publisher: Aspen Publishing
Total Pages: 1222
Release: 2019-09-13
Genre: Law
ISBN: 1543815189

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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.

Environmental Law Across Cultures

Environmental Law Across Cultures
Author: Kirk W. Junker
Publisher: Routledge
Total Pages: 194
Release: 2019-12-09
Genre: Law
ISBN: 0429673639

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This book provides a practical, functional comparison among various institutions, tools, implementation practices and norms in environmental law across legal cultures. This is a new approach that focuses on the act of comparison, looking at legal practice, from the ground up, including the perspective of citizens. Most literature on comparative environmental law either focuses on a two-way comparison of state jurisdictions or simply juxtaposes environmental features of two or more state jurisdictions without engaging in any analysis of the comparison. However, this book treats legal cultures as the objects of comparison as it provides practical comparisons among various institutions, tools and norms in environmental law. The arrangement and organisation of the material reverses the more traditional presentation of comparative environmental law as a series of countries within which separate descriptions are respectively presented. In this book the reader is presented with environmental legal themes, with examples and case studies drawn from various cultures that are compared in order to help understand the theme. Case studies draw on the authors’ experiences in a range of legal cultures, including in Australia, Brazil, China, Chile, Ethiopia, Germany, India, Nigeria, Slovakia, and the USA. The comparative nature of the book allows domestic professionals to develop skills to enable them to understand and advocate broader contexts for clients, and helps students become more aware of specific legal systems while questioning why their own system functions (or does not function) as it does. The book is aimed at advanced undergraduate and postgraduate students of environmental law as well as researchers and practitioners.

Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe

Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe
Author: Eric W. Orts
Publisher: Kluwer Law International B.V.
Total Pages: 466
Release: 2001-03-20
Genre: Law
ISBN: 9041198210

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Environmental regulation has come of age in recent decades as the blunt methods of command-and-control have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This book focuses on the viability of one particular regulatory innovation--the use of agreements or contracts for environmental regulation--as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.

Environmental Law in China

Environmental Law in China
Author: Wang Xi
Publisher: Kluwer Law International B.V.
Total Pages: 209
Release: 2017-06-20
Genre: Law
ISBN: 9041192646

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in China. 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 China. 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.