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.

The Making of Environmental Law

The Making of Environmental Law
Author: Richard J. Lazarus
Publisher: University of Chicago Press
Total Pages: 335
Release: 2008-09-15
Genre: Law
ISBN: 0226470644

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The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.

Environmental law in China

Environmental law in China
Author: Wang Xi
Publisher: Kluwer Law International B.V.
Total Pages: 417
Release: 2022-08-20
Genre: Law
ISBN: 9403545127

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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.

Environmental Constitutionalism in the Anthropocene

Environmental Constitutionalism in the Anthropocene
Author: Domenico Amirante
Publisher: Routledge
Total Pages: 285
Release: 2022-04-03
Genre: Law
ISBN: 1000567427

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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.

International Environmental Law and Asian Values

International Environmental Law and Asian Values
Author: Roda Mushkat
Publisher: UBC Press
Total Pages: 268
Release: 2004
Genre: Business & Economics
ISBN: 9780774810579

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Following decades of vigorous economic expansion, Asia is confronting the environmental consequences of unfettered development. This poses a challenge because of the strong bias of prevailing cultural systems in the region toward the goal of lifting standards of living over achieving ecological sustainability. This book juxtaposes international environmental norms and practices with relevant Asian policies and their applications in key areas. Roda Mushkat examines the fundamental principle of public participation in environmental law-making, as well as the "rights approach," against the emergence of democratic and human rights norms in the region. The complex relationship between trade and the environment is also discussed in light of the strong regional emphasis on economic growth, trade liberalization, and the aversion to conditionalities. Given regionalization processes in Asia-Pacific and elsewhere, this work seeks to establish to what extent such processes have led to the regionalization of international environmental law. International Environmental Law and Asian Values concludes that, although some gaps can be identified between international imperatives and regional responses, "Asian values" have not proved to be an insurmountable barrier to the spread of international environmental legal ideas. On the whole, the region is responding to impulses emanating from the global arena rather than resisting them consciously. The analysis and conclusions of this comprehensive and original work will be of considerable interest to scholars of international law and relations, environmental policy, comparative culture, economic development, and social change.

Environmental Law

Environmental Law
Author: Elizabeth Charlotte Fisher
Publisher: Oxford University Press
Total Pages: 169
Release: 2017
Genre: Law
ISBN: 0198794185

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Although environmental laws are rarely able to provide the simple solutions that people want from them, they are essential for the future of our planet. This book explores how legal responses are shaped in response to the problems facing the environment today, and the socio-political conflicts facing environmental legislation.

Trends and Challenges in International Law

Trends and Challenges in International Law
Author: Maurizio Arcari
Publisher: Springer Nature
Total Pages: 327
Release: 2022-04-22
Genre: Law
ISBN: 3030943879

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Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea.

Environmental Law in China

Environmental Law in China
Author: Wang Xi
Publisher:
Total Pages: 0
Release: 2012
Genre: Conservation of natural resources
ISBN: 9789041146304

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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.