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Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1782259112
Category : Law
Languages : en
Pages : 258
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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: 1782259112
Category : Law
Languages : en
Pages : 258
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: Valsamis Mitsilegas
Publisher: BRILL
ISBN: 9004506381
Category : Law
Languages : en
Pages : 300
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Book Description
The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.
Author: Mark Wright
Publisher: Springer Nature
ISBN: 3030892506
Category : Social Science
Languages : en
Pages : 246
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Book Description
This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
Author: Samantha Bricknell
Publisher:
ISBN: 9781921532634
Category : Environmental law
Languages : en
Pages : 132
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Book Description
Environmental crime encompasses a wide range of activities and behaviours, from carelessness to deliberate acts, that result in environmental harm. This report provides a comprehensive overview of environmental crime as it is perpetrated, detected and dealt with in Australia.
Author: Rob White
Publisher: Routledge
ISBN: 1136637583
Category : Social Science
Languages : en
Pages : 220
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Book Description
This book provides a comprehensive introduction to and overview of eco-global criminology. Eco-global criminology refers to a criminological approach that is informed by ecological considerations and by a critical analysis that is global in scale and perspective. Based upon eco-justice conceptions of harm, it focuses on transgressions against environments, non-human species and humans. At the centre of eco-global criminology is analysis of transnational environmental crime. This includes crimes related to pollution (of air, water and land) and crimes against wildlife (including illegal trade in ivory as well as live animals). It also includes those harms that pose threats to the environment more generally (such as global warming). In addressing these issues, the book deals with topics such as the conceptualization of environmental crime or harm, the researching of transnational environmental harm, climate change and social conflict, threats to biodiversity, toxic waste and the transference of harm, prosecution and sentencing of environmental crimes, and environmental victimization and transnational activism. This book argues that analysis of transnational environmental crime needs to incorporate different notions of harm, and that the overarching perspective of eco-global criminology provides the framework for this. Transnational Environmental Crime will be an essential resource for students, academics, policy-makers, environmental managers, police, magistrates and others with a general interest in environmental issues.
Author: Emma Lees
Publisher:
ISBN: 0198790953
Category : Law
Languages : en
Pages : 1316
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Book Description
This Handbook brings together the foremost authorities from around the world to provide the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries.
Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1509931481
Category : Law
Languages : en
Pages : 265
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Book Description
This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Author: Elizabeth Fisher
Publisher:
ISBN: 0198811071
Category : Law
Languages : en
Pages : 889
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Book Description
Environmental Law: Text, Cases, and Materials offers a comprehensive, critical, and case-focused approach to the subject, combining insightful author commentary with carefully selected extracts to fully support students.
Author: Susan L. Smith
Publisher: Edward Elgar Publishing
ISBN: 1035309513
Category : Law
Languages : en
Pages : 461
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Book Description
This Research Handbook thoroughly examines the difficult and rapidly expanding problem of national, transnational, and international environmental crimes, including air and water pollution, unlawful mining and timber harvesting, and transnational trafficking of endangered species. It provides an understanding of cutting-edge empirical and theoretical research on these crimes and their legal prosecution.
Author: Stuart Bell
Publisher: Oxford University Press
ISBN: 0198748329
Category : Law
Languages : en
Pages : 873
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Book Description
This edition of 'Environmental Law' includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.
