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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: Olivia Woolley
Publisher: Cambridge University Press
ISBN: 131619499X
Category : Law
Languages : en
Pages : 273
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Book Description
Ecological degradation has been an object of concern for the international community since the early 1970s, but legal approaches that have been employed to improve the protection of ecosystems have failed to halt this decline. Ecological Governance explores how the law should respond to this rapid global deterioration of ecosystems by examining the foundational scientific and ethical considerations for designing laws that are effective for ecological protection. Based on these analyses, it argues that developed states should prioritise the reduction of the ecological stresses for which they are responsible in decision-making on their future courses. The author also proposes structures for governance and associated legal frameworks that would enable the formulation and implementation of policies for ecological sustainability.
Author: Emma Lees
Publisher: Oxford University Press
ISBN: 0192508385
Category : Law
Languages : en
Pages : 1296
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Book Description
This Handbook is 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 from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Author: Maja Hojer Bruun
Publisher: Routledge
ISBN: 1351362097
Category : Law
Languages : en
Pages : 372
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Book Description
Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.
