Environmental Damage In International And Comparative Law
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Environmental Damage In International And Comparative Law
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Author : Michael Bowman
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
Environmental Damage In International And Comparative Law written by Michael Bowman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
Compensation For Environmental Damages Under International Law
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Author : Tarcísio Hardman Reis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Compensation For Environmental Damages Under International Law written by Tarcísio Hardman Reis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
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.
The Oxford Handbook Of Comparative Environmental Law
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Author : Emma Lees
language : en
Publisher: Oxford University Press
Release Date : 2019-04-25
The Oxford Handbook Of Comparative Environmental Law written by Emma Lees and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-25 with Law categories.
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.
Transboundary Damage In International Law
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Author : Hanqin Xue
language : en
Publisher:
Release Date : 2003-03-13
Transboundary Damage In International Law written by Hanqin Xue and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-13 with Law categories.
An examination of the problems of transnational environmental damage.
The International Law Of Environmental Impact Assessment
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Author : Neil Craik
language : en
Publisher: Cambridge University Press
Release Date : 2008-02-21
The International Law Of Environmental Impact Assessment written by Neil Craik and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-21 with Law categories.
The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.
Historical Pollution
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Author : Francesco Centonze
language : en
Publisher: Springer
Release Date : 2017-08-05
Historical Pollution written by Francesco Centonze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-05 with Social Science categories.
This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
The Challenge Of International And Comparative Law In The Context Of Climate Justice And Climate Change Law
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Author : Gisele Ferreira de Araújo
language : en
Publisher: AuthorHouse
Release Date : 2010-11-29
The Challenge Of International And Comparative Law In The Context Of Climate Justice And Climate Change Law written by Gisele Ferreira de Araújo and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-29 with Law categories.
Readers will have contact with a multi-disciplinary approach and an overview of the tools the legal discipline of Comparative Law offers to the climate change debate. The book considers the current gaps in international law by arguing that a Comparative Law analytical framework can homogenise the application of international law in the climate change law context.
Environmental Law
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Author : British Institute of International and Comparative Law
language : en
Publisher: London : British Institute of International and Comparative Law ; Dobbs Ferry, N.Y. : Oceana Publications
Release Date : 1976
Environmental Law written by British Institute of International and Comparative Law and has been published by London : British Institute of International and Comparative Law ; Dobbs Ferry, N.Y. : Oceana Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Environmental law categories.
Comparative Climate Change Litigation Beyond The Usual Suspects
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Author : Francesco Sindico
language : en
Publisher: Springer Nature
Release Date : 2021-01-21
Comparative Climate Change Litigation Beyond The Usual Suspects written by Francesco Sindico and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-21 with Law categories.
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.