Author: Jamie Benidickson
Publisher: Edward Elgar Publishing
ISBN: 1781002991
Category : Law
Languages : en
Pages : 427
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Book Description
It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Category : Law
Languages : en
Pages : 831
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Book Description
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author: Pamela Chasek
Publisher: Routledge
ISBN: 1136450882
Category : Law
Languages : en
Pages : 314
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Book Description
At the 1992 United Nations Conference on Environment and Development, popularly known as the Rio Earth Summit, the world’s leaders constructed a new "sustainable development" paradigm that promised to enhance environmentally sound economic and social development. Twenty years later, the proliferation of multilateral environmental agreements points to an unprecedented achievement, but is worth examining for its accomplishments and shortcomings. This book provides a review of twenty years of multilateral environmental negotiations (1992-2012). The authors have participated in most of these negotiating processes and use their first-hand knowledge as writers for the International Institute for Sustainable Development’s Earth Negotiations Bulletin as they illustrate the changes that have taken place over the past twenty years. The chapters examine the proliferation of meetings, the changes in the actors and their roles (governments, nongovernmental organizations, secretariats), the interlinkages of issues, the impact of scientific advice, and the challenges of implementation across negotiating processes, including the Framework Convention on Climate Change, the Convention to Combat Desertification, the Convention on Biological Diversity, the Commission on Sustainable Development, the UN Forum on Forests, the chemicals conventions (Stockholm, Basel and Rotterdam), the Montreal Protocol on Substances that Deplete the Ozone Layer, the Convention on International Trade in Endangered Species, the Convention on Migratory Species and the International Treaty on Plant Genetic Resources for Food and Agriculture.
Author: John C. Dernbach
Publisher: Environmental Law Institute
ISBN: 9781585760367
Category : Law
Languages : en
Pages : 1038
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Book Description
In 1992, at the United Nations Conference on Environment and Development in Rio de Janeiro, the nations of the world agreed to implement an ambitious plan for ecologically sustainable human development. This book is a comprehensive review of U.S. efforts to achieve such development since Rio. The U.S. has unquestionably begun to take steps toward sustainable development. Yet the nation is now far from being a sustainable society, and in many respects is farther away than it was in 1992. Nevertheless, legal and policy tools are available to put the U.S. on a direct path to sustainability. This book brings together 42 distinguished experts from a variety of backgrounds and academic disciplines. It is among the most thorough assessments ever conducted of U.S. law and policy concerning the environment.
Author: Ben Boer
Publisher: OUP Oxford
ISBN: 0191056359
Category : Law
Languages : en
Pages : 273
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Book Description
How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
Author: Werner Scholtz
Publisher: Edward Elgar Publishing
ISBN: 1781951780
Category : Law
Languages : en
Pages : 459
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Book Description
The core focus of this timely volume is to ascertain how regional environmental law may contribute to the pursuit of global sustainable development. Leading scholars critically analyze the ways in which states may pool sovereignty to find solutions to
Author: Benjamin J Richardson
Publisher: Hart Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 512
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Book Description
This book presents critical new scholarship on the state of law for sustainable development from an international and comparative perspective.
Author: Robert V. Percival
Publisher: Edward Elgar Publishing
ISBN: 1783470852
Category : Law
Languages : en
Pages : 337
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Book Description
This timely volume considers the future of environmental law and governance in the aftermath of the "Rio+20" conference. An international set of expert contributors begin by addressing a range of governance concepts that can be used to addres
Author: Alessandra Guida
Publisher: Taylor & Francis
ISBN: 1000816974
Category : Law
Languages : en
Pages : 296
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Book Description
This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Trading biotech products magnifies these risks and benefits globally. This book explores the topical, though still underexplored, question of how to find a point of equilibrium between the revolutionary advancement offered by technology and the need to safeguard biosafety from uncertain, though potentially irreversible, technology risks. It offers a thorough analysis of normative, judicial and epistemic issues hindering a reasoned balance between trade and non-trade interests under the WTO. The work offers practical relevance for the resolution of legal disputes in contexts of uncertainty, as well as innovative theoretical contributions. It will be a valuable resource for policymakers working on precautionary governance and management, scholars in the areas of trade law, human rights law and environmental law, law students and practitioners, as well as NGOs working in the field of new technologies, biosafety, sustainability and food safety.
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.
