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Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1782259120
Category : Law
Languages : en
Pages : 382
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Book Description
This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1782259120
Category : Law
Languages : en
Pages : 382
Get Book Here
Book Description
This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.
Author: Julie Adshead
Publisher: Routledge
ISBN: 1135239134
Category : Law
Languages : en
Pages : 276
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Book Description
In countries such as the UK, the energy used in constructing, occupying and operating buildings represents approximately fifty percent of greenhouse gas emissions. Pressure to improve the environmental performance of buildings during both construction and occupancy, particularly to reduce carbon emissions from buildings, has become intense. Understandably, legislation and regulation are driving green development and compliance. And this is happening in a wide variety of ways. This review of the law in key jurisdictions for the research community, lawyers, the construction industry and government examines some of the mechanisms in place – from the more traditional building regulation controls to green leases and the law relating to buildings and their natural environment. Members of the CIB TG69 research group on ‘Green Buildings and the Law’ review aspects of the law relating to green development in a range of jurisdictions.
Author: Tim Marshall
Publisher: Routledge
ISBN: 0415669545
Category : Architecture
Languages : en
Pages : 322
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Book Description
This book analyses the planning and policy world of major infrastructure as it is moving now in Europe and the UK. Have some countries managed to generate genuine consensus on how the large changes are progressed? What can we learn from the different ways countries manage these challenges, to inform better spatial planning and more intelligent political steering? Case studies of the key features of policy and planning approaches in France, Germany, the Netherlands, Spain and the UK are at the core of Planning Major Infrastructure. This includes the different regimes introduced in England and Wales, and Scotland, brought in by reforms since 2006. High speed rail, renewable energy deployment, water management, waste treatment - all raise critical planning issues. The case studies connect to the big issues of principle which haunt this field of public policy: how can democratic legitimacy be secured? How can ecological and economic transitions be managed? What is the appropriate role of the national government in each of these areas, as against other levels? What part has the EU played, and should it be involved in the future? These are some of the central themes raised in this innovating exploration of this currently high profile field.
Author: Sean Whittaker
Publisher: Cambridge University Press
ISBN: 1108845231
Category : Law
Languages : en
Pages : 253
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Book Description
A comparative analysis via legal transplant theory on how England, America and China guarantee the right to environmental information.
Author: Patrick Bishop
Publisher: University of Wales Press
ISBN: 0708325815
Category : Political Science
Languages : en
Pages : 218
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Book Description
This book examines welsh perspectives on the search for sustainable law and policy solutions to modern environmental threats.
Author: Paul Martin
Publisher: Edward Elgar Publishing
ISBN: 1783479310
Category : Law
Languages : en
Pages : 372
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Book Description
This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i
Author: Simon Marsden
Publisher: Routledge
ISBN: 1317008049
Category : Law
Languages : en
Pages : 409
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Book Description
Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1782251669
Category : Law
Languages : en
Pages : 208
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Book Description
Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.
Author: Shawkat Alam
Publisher: Routledge
ISBN: 0415687179
Category : Law
Languages : en
Pages : 854
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Book Description
This handbook is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL).
Author: Ioanna Hadjiyianni
Publisher: Bloomsbury Publishing
ISBN: 1509925627
Category : Law
Languages : en
Pages : 365
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Book Description
This book critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union's role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU's global regulatory power.
