Emerging Issues In International Environmental Law Policy And Governance
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Emerging Issues In International Environmental Law Policy And Governance
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Author : Innocent Oyori
language : en
Publisher: Independently Published
Release Date : 2024-03-18
Emerging Issues In International Environmental Law Policy And Governance written by Innocent Oyori and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-18 with Law categories.
In conceiving this manuscript, that explores the Evolution of International Environmental Law, Sustainability, and Justice," My impetus derives from the profound connection observed on the gravity and need to champion a greener legacy during my tenure as a legal practitioner and lecturer of law. The catalyst for this endeavor emanated from a genuine desire to document the intellectual discourses that transpired during the academic engagements with my students, particularly at Maasai Mara University located at the epicenter of The Great Mara Triangle an ecological marvel and the cornerstone of Kenya's renowned Wildebeest migration. The lamentable circumstances surrounding the destruction of the Mau forest and the vulnerable state of Kenya's indigenous communities in the wake of climate change have been instrumental in galvanizing my scholarly pursuits. This book, therefore, undertakes a meticulous reevaluation of international law, scrutinizing Kenya's alignment with the global community concerning the dynamic landscape of International Environmental Law. The book explores the relationship between the environment and the law, underscoring the critical imperative for environmental conservation. It examines the topography of international law, revealing its role as a steadfast guardian of our environment and examining its evolution, notably its impact on sustainable development. I have made an earnest endeavor to confront a pivotal theme - The concept of environmental justice. Specifically, delving into how legal frameworks can be transformative for marginalized communities, and how the intersectionality of environmental issues underscores the urgency of equitable solutions. The main theme of this book is an urgent call to action to seek a path towards harmony, where legal systems become catalysts for global environmental well-being, particularly championing the rights of impoverished communities and in this pursuit equitable justice, and a sustainable future for all.A central focus in this book is the critical role of public participation in shaping environmental policies. i have made an endeavor to explore case studies from around the world, illustrating the power of grassroots movements and citizen engagement in influencing legislative decisions. I have explored the intersection of law, governance, and public sentiment, emphasizing the need for a harmonious balance that reflects the diverse perspectives within society. Environmental impact assessment emerges as a pivotal tool in the book, I have dissected its significance in mitigating the consequences of human activities on ecosystems. Through detailed analyses of landmark projects and their environmental assessments, readers gain a profound understanding of the complexities involved in striking a balance between development and conservation. There is a chapter dedicated to chemical pollution and water pollution that unveils the hidden threats that jeopardize our ecosystems. It delves into the legal frameworks governing the use and disposal of hazardous chemicals, shedding light on the pressing need for stringent regulations. The exploration of water pollution takes readers on a global journey, uncovering the challenges faced by communities grappling with contaminated water sources and the legal remedies available to them. The heart of the book lies in its examination of international laws and conventions that transcend borders in addressing environmental issues. I have made an earnest effort to navigate the agreements, treaties, and accords designed to foster global cooperation in the face of climate change and ecological degradation. From the Kyoto Protocol to the Paris Agreement, readers gain insights into the evolution of international environmental governance as well as the disproportionate impact of climate change on vulnerable communities and advocates for a holistic approach that intertwines environmental sustainability with social responsibility.
Contemporary Issues In International Environmental Law
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Author : M. Fitzmaurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Contemporary Issues In International Environmental Law written by M. Fitzmaurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.
Global Environmental Governance
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Author : Louis J. Kotzé
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Global Environmental Governance written by Louis J. Kotzé and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.
International Environmental Law
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Author : United Nations. Transnational Corporations and Management Division
language : en
Publisher: New York : United Nations
Release Date : 1993
International Environmental Law written by United Nations. Transnational Corporations and Management Division and has been published by New York : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.
Emerging Principles Of International Environmental Law
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Author : Sumudu Atapattu
language : en
Publisher: BRILL
Release Date : 2007-04-30
Emerging Principles Of International Environmental Law written by Sumudu Atapattu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Law categories.
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.
Comparative And Global Environmental Law And Policy
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Author : Tseming Yang
language : en
Publisher: Aspen Publishing
Release Date : 2019-09-13
Comparative And Global Environmental Law And Policy written by Tseming Yang and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-13 with Law categories.
Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Environmental Law And Governance In The Pacific
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Author : Margaretha Wewerinke-Singh
language : en
Publisher: Routledge
Release Date : 2020-08-26
Environmental Law And Governance In The Pacific written by Margaretha Wewerinke-Singh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-26 with Law categories.
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.
International Environmental Governance
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Author : John Scanlon
language : en
Publisher: IUCN
Release Date : 2004
International Environmental Governance written by John Scanlon and has been published by IUCN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
With 'good governance' firmly entrenched on the international agenda, this publication analyses the trends affecting protected area governance at the international level, and goes on to explore emerging issues concerning certification, standards, partnerships and funding mechanisms. It does not seek to prescribe the answers, rather it seeks to clearly articulate the issues, the competing arguments, and the challenges that all need to be addressed as we strive for the optimal protected area governance arrangements.
Reforming International Environmental Governance
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Author : W. Bradnee Chambers
language : en
Publisher: United Nations University Press
Release Date : 2005
Reforming International Environmental Governance written by W. Bradnee Chambers and has been published by United Nations University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The World Summit on Sustainable Development in Johannesburg in 2002 underscored the need to reform the current institutional framework for environmental governance. Chambers and Green, both affiliated with the United Nations University Institute of Advanced Studies in Japan, gather contributors to take up the question left unanswered at Johannesbur
Science Based Lawmaking
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Author : Dionysia-Theodora Avgerinopoulou
language : en
Publisher: Springer Nature
Release Date : 2019-08-31
Science Based Lawmaking written by Dionysia-Theodora Avgerinopoulou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-31 with Law categories.
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.