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Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 131651580X
Category : Law
Languages : en
Pages : 317
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Book Description
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 131651580X
Category : Law
Languages : en
Pages : 317
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Book Description
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
Author: Emily Reid
Publisher: Bloomsbury Publishing
ISBN: 1782252525
Category : Law
Languages : en
Pages : 462
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Book Description
This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.
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.
Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 1009027980
Category : Law
Languages : en
Pages : 317
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Book Description
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Author: Helle Tegner Anker
Publisher:
ISBN: 9781780687599
Category : Environmental law
Languages : en
Pages : 0
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Book Description
This book is the fifth volume in the European Environmental Law Forum (EELF) Book Series. The EELF is a non-profit initiative established by environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is the organisation of an annual conference.The fifth EELF Conference dedicated to 'Sustainable Management of Natural Resources - Legal Instruments and Approaches' was held in Copenhagen from the 30th of August to the 1st of September 2017 at the Faculty of Science, University of Copenhagen, in collaboration with the Department of Law, Aarhus University.This book is a collection of peer reviewed contributions addressing various legal aspects of sustainable management of natural resources. Natural resources are in this book understood in broad terms encompassing biodiversity, water, air and soil, as well as raw materials. Based on the contributions, it can be asserted that despite many efforts there is still a long way to go in order to achieve sustainable management of natural resources. Making ecosystem integrity ultimately the bottom-line for sustainable development requires not only dedication in the design and coherence of (environmental) legislation at international, EU and national level, but also a strong commitment to the implementation and enforcement of the legislation. Thus, it is necessary to carefully consider how different legal instruments and approaches may pave the way for the sustainable management of natural resources.
Author: John H. Knox
Publisher: Cambridge University Press
ISBN: 1108421199
Category : Law
Languages : en
Pages : 309
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Book Description
This book considers and clarifies many different facets of the international human right to a healthy environment.
Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Category : Political Science
Languages : en
Pages : 1025
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Book Description
With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.
Author: Julia Dehm
Publisher: Cambridge University Press
ISBN: 1108423760
Category : Business & Economics
Languages : en
Pages : 439
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Book Description
REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.
Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108489664
Category : Business & Economics
Languages : en
Pages : 431
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Book Description
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108493491
Category : Law
Languages : en
Pages : 369
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Book Description
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
