Environmental Advocacy Litigation in Brazil and the United States PDF Download
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Author: Lesley K. McAllister
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Environmental advocacy litigation has become a significant aspect of environmental law implementation and enforcement in both Brazil and the US. A difference however is immediately apparent: in Brazil, most environmental advocacy suits are filed by public prosecutors while in the US, most such suits are filed by environmental groups. Using an empirically-based contextual approach, this article explains why different approaches emerged in each country and analyzes the significance of the difference. In Brazil, the legal framework for environmental advocacy litigation was forged by public prosecutors. In the US, the legal framework emerged within a tradition of private enforcement of public law. The analysis further shows that each approach in its context has strengthened environmental enforcement and public participation in environmental law.
Author: Lesley K. McAllister
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Environmental advocacy litigation has become a significant aspect of environmental law implementation and enforcement in both Brazil and the US. A difference however is immediately apparent: in Brazil, most environmental advocacy suits are filed by public prosecutors while in the US, most such suits are filed by environmental groups. Using an empirically-based contextual approach, this article explains why different approaches emerged in each country and analyzes the significance of the difference. In Brazil, the legal framework for environmental advocacy litigation was forged by public prosecutors. In the US, the legal framework emerged within a tradition of private enforcement of public law. The analysis further shows that each approach in its context has strengthened environmental enforcement and public participation in environmental law.
Author: Lesley K. McAllister
Publisher: Stanford University Press
ISBN: 0804783101
Category : Law
Languages : en
Pages : 386
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Book Description
Although many developing countries have environmental statutes, regulations, and resolutions on the books, these laws are rarely enforced and often ignored. Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anticorruption. In Brazil, the offices of prosecutors and courts have become an important forum for resolving environmental conflicts, making environmental law more effective than in the past. Court involvement communicates the end of impunity for violators. It increases the accountability of governmental agencies and provides legal access for citizen complaints. In short, it enhances environmental rule of law. As developing countries continue to seek to reform their legal systems to strengthen democracy and the rule of law, the Brazilian Ministrio Publico must be recognized as a very promising model.
Author: Robert F. Blomquist
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
Strict, but arguably unfair and counterproductive, systems of criminal environmental law and enforcement exist in both the United States and Brazil in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.
Author: Kathryn Hochstetler
Publisher: Duke University Press
ISBN: 0822390590
Category : History
Languages : en
Pages : 303
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Book Description
Greening Brazil challenges the claim that environmentalism came to Brazil from abroad. Two political scientists, Kathryn Hochstetler and Margaret E. Keck, retell the story of environmentalism in Brazil from the inside out, analyzing the extensive efforts within the country to save its natural environment, and the interplay of those efforts with transnational environmentalism. The authors trace Brazil’s complex environmental politics as they have unfolded over time, from their mid-twentieth-century conservationist beginnings to the contemporary development of a distinctive socio-environmentalism meant to address ecological destruction and social injustice simultaneously. Hochstetler and Keck argue that explanations of Brazilian environmentalism—and environmentalism in the global South generally—must take into account the way that domestic political processes shape environmental reform efforts. The authors present a multilevel analysis encompassing institutions and individuals within the government—at national, state, and local levels—as well as the activists, interest groups, and nongovernmental organizations that operate outside formal political channels. They emphasize the importance of networks linking committed actors in the government bureaucracy with activists in civil society. Portraying a gradual process marked by periods of rapid advance, Hochstetler and Keck show how political opportunities have arisen from major political transformations such as the transition to democracy and from critical events, including the well-publicized murders of environmental activists in 1988 and 2004. Rather than view foreign governments and organizations as the instigators of environmental policy change in Brazil, the authors point to their importance at key moments as sources of leverage and support.
Author: Cristiane Bená Dias
Publisher: Rowman & Littlefield
ISBN: 1498597750
Category : Political Science
Languages : en
Pages : 279
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Book Description
This book examines the process of Environmental Impact Assessment (EIA) in Brazil through the lens of community involvement. The author argues that the implementation of controversial projects, such as the Volta Grande mining project, demonstrate the failure of the current system to acknowledge the interests of local communities. Using international comparisons of public policy on environmental issues, the author proposes a model which aims to improve public participation in Brazilian environmental decisions.
Author: Leonardo Munhoz
Publisher:
ISBN:
Category : Environmental protection
Languages : en
Pages : 104
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Book Description
Author: Lesley Krista McAllister
Publisher:
ISBN:
Category :
Languages : en
Pages : 684
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Book Description
Author: Marcelo Dias
Publisher:
ISBN: 9781585762453
Category :
Languages : en
Pages : 0
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Book Description
With its massive size, rich biodiversity, and unique location, Brazil plays an essential role when it comes to the health of our planet. Understanding how Brazil's environmental laws, policies, and systems operate is therefore paramount. With contributions from some of the most accomplished environmental lawyers of Brazil, Principal Trends on Brazilian Environmental Law is an indispensable resource for attorneys, investors, multilateral companies, nonprofits, academia, and students interested in understanding how Brazil's environmental governance system works. Readers will learn the intricacies of Brazilian environmental governance, including laws and policies focused on water, climate, solid waste, forests, and biofuels, and gain a keen understanding of the administrative and regulatory challenges associated with the management of these resources. Throughout, the authors identify and discuss pressing Brazilian environmental issues and suggest workable solutions for many of the challenging ecological problems faced by the country, and the world, today.
Author: Arnaud Kurze
Publisher: Taylor & Francis
ISBN: 1000655202
Category : Political Science
Languages : en
Pages : 273
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Book Description
Persistent international conflicts, increasing inequality in many regions or the world, and acute environmental and climate-related threats to humanity call for a better understanding of the processes, actors and tools available to face the challenges of achieving global justice. This book offers a broad and multidisciplinary survey of global justice, bridging the gap between theory and practice by connecting conceptual frameworks with a panoply of case studies and an in-depth discussion of practical challenges. Connecting these critical aspects to larger moral and ethical debates is essential for thinking about large, abstract ideas and applying them directly to specific contexts. Core content includes: Key debates in global justice from across philosophy, postcolonial studies, political science, sociology and criminology The origins of global justice and the development of the human rights agenda; peacekeeping and post-conflict studies Global poverty and sustainable development Global security and transnational crime Environmental justice, public health and well-being Rather than providing a blueprint for the practice of global justice, this text problematizes efforts to cope with many justice related issues. The pedagogical approach is designed to map the difficulties that exist between theory and praxis, encourage critical thinking and fuel debates to help seek alternative solutions. Bringing together perspectives from a wealth of disciplines, this book is essential reading for courses on global justice across criminology, sociology, political science, anthropology, philosophy and law.
Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1108497179
Category : Law
Languages : en
Pages : 505
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Book Description
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
