Implementing Environmental Constitutionalism
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Implementing Environmental Constitutionalism
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Author : Erin Daly
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
Implementing Environmental Constitutionalism written by Erin Daly 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 2018-11-08 with Law categories.
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Global Environmental Constitutionalism
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Author : James R. May
language : en
Publisher: Cambridge University Press
Release Date : 2015
Global Environmental Constitutionalism written by James R. May 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 2015 with Business & Economics categories.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Transformative Environmental Constitutionalism
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Author : Melanie Murcott
language : en
Publisher: BRILL
Release Date : 2022-10-24
Transformative Environmental Constitutionalism written by Melanie Murcott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-24 with Law categories.
In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.
Environmental Human Rights In The Anthropocene
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Author : Walter F. Baber
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-31
Environmental Human Rights In The Anthropocene written by Walter F. Baber 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 2023-03-31 with Law categories.
An overview of environmental human rights, and the complexities of uniting human rights advocacy and environmental protection.
Environmental Constitutionalism In The Anthropocene
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Author : Domenico Amirante
language : en
Publisher: Routledge
Release Date : 2022-04-03
Environmental Constitutionalism In The Anthropocene written by Domenico Amirante and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-03 with Law categories.
This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.
Modern Environmental Law
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Author : James May
language : en
Publisher:
Release Date : 2023-07-14
Modern Environmental Law written by James May and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-14 with categories.
The need for environmental protection is all around: air and water pollution; severe weather; sea level rise; loss of species, wetlands, glaciers and biodiversity; water and food shortages; disease and pandemics; and food and water insecurity. It's also close at hand: the water from the tap; the local air quality index; local land use and development; flooding and storm damage. There are also constant reminders, as young people demand, and future generations deserve, continued vigilance in the face of environmental challenges and the climate crisis. Modern Environmental Law is a current casebook that examines signature federal, state, international and global laws, including common law and public trust, the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, the Clean Air Act, climate change, environmental rights, water rights, international environmental law, and environmental justice. The contents are torn from the headlines, including recent decisions from the 2021-2022 and 2022-23 Terms of the United States Supreme Court (e.g., West Virginia v. EPA; Sackett v. EPA, etc.). The casebook also integrates many related concepts, including separation of powers, federalism and individual rights, and interacts with other areas of law, including constitutional law, administrative law, property and civil procedure, and land use law.
Global Environmental Constitutionalism In The Anthropocene
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Author : Louis J Kotzé
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22
Global Environmental Constitutionalism In The Anthropocene written by Louis J Kotzé and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.
Implementing Environmental Law
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Author : Paul Martin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-08-28
Implementing Environmental Law written by Paul Martin 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 2015-08-28 with Law categories.
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
The Global Emergence Of Constitutional Environmental Rights
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Author : Joshua C. Gellers
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-18
The Global Emergence Of Constitutional Environmental Rights written by Joshua C. Gellers and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Environmental Constitutionalism
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Author : Erin Daly
language : en
Publisher:
Release Date : 2016
Environmental Constitutionalism written by Erin Daly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.