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Interpreting Environmental Offences

Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1782259120
Size: 78.72 MB
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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.

Environmental Law

Author: Donald McGillivray
Publisher: Oxford University Press
ISBN: 0198748329
Size: 66.93 MB
Format: PDF, Kindle
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Trusted by generations of students and academics alike, the ninth edition of this leading text continues to provide far-reaching coverage of the essential topics taught on most environmental law courses. The authors consider the areas thematically, tackling the key debates and explaining the subject in its social and political context. The clear and accessible writing style ensures that readers are informed yet not overwhelmed. Known for its clear structure and systematic approach, readers new to the subject are provided with a logical introduction while those with more experience can explore the intricacies of the content. The text is supported by a number of learning features designed to help students engage with the material, develop critical thinking skills, and to guide further research. This book is also accompanied by an Online Resource Centre featuring additional chapters, expanded further reading suggestions for each chapter, annotated web links and legal updates.

Historical Pollution

Author: Francesco Centonze
Publisher: Springer
ISBN: 3319569376
Size: 69.38 MB
Format: PDF, ePub
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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.

Environmental Principles And The Evolution Of Environmental Law

Author: Eloise Scotford
Publisher: Bloomsbury Publishing
ISBN: 1782252908
Size: 49.11 MB
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Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.

The Planet Remade

Author: Oliver Morton
Publisher: Princeton University Press
ISBN: 1400874459
Size: 53.25 MB
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The risks of global warming are pressing and potentially vast. The difficulty of doing without fossil fuels is daunting, possibly even insurmountable. So there is an urgent need to rethink our responses to the crisis. To meet that need, a small but increasingly influential group of scientists is exploring proposals for planned human intervention in the climate system: a stratospheric veil against the sun, the cultivation of photosynthetic plankton, fleets of unmanned ships seeding the clouds. These are the technologies of geoengineering—and as Oliver Morton argues in this visionary book, it would be as irresponsible to ignore them as it would be foolish to see them as a simple solution to the problem. The Planet Remade explores the history, politics, and cutting-edge science of geoengineering. Morton weighs both the promise and perils of these controversial strategies and puts them in the broadest possible context. The past century’s changes to the planet—to the clouds and the soils, to the winds and the seas, to the great cycles of nitrogen and carbon—have been far more profound than most of us realize. Appreciating those changes clarifies not just the scale of what needs to be done about global warming, but also our relationship to nature. Climate change is not just one of the twenty-first century’s defining political challenges. Morton untangles the implications of our failure to meet the challenge of climate change and reintroduces the hope that we might. He addresses the deep fear that comes with seeing humans as a force of nature, and asks what it might mean—and what it might require of us—to try and use that force for good.

Enforcement At The Epa

Author: Joel A. Mintz
Publisher: University of Texas Press
ISBN: 0292742819
Size: 40.20 MB
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The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U.S. Department of Justice, and key congressional staff members—along with extensive research among EPA documents and secondary sources—the book vividly recounts the often tumultuous history of EPA’s enforcement program. It also analyzes some important questions regarding EPA’s institutional relationships and the Agency’s working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.

Addressing The Problems Of Access

Author: Jorge Cabrera Medaglia
Publisher: IUCN
ISBN: 2831709792
Size: 56.58 MB
Format: PDF, Docs
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Addressing the Problems of Access provides a systematic analysis of the requirements of access law, both the CBD requirements and the basic requirements of enforceable legislation. Often key legal issues that have a significant impact on enforceability of ABS agreements are not addressed in national legislation, therefore, this book addresses these issues with the aim to recognize and understand the nature of the legal impediments that must be addressed for the drafting of functional ABS legislation. Although the book is premised on the issues of access, it inevitably refers to corresponding issues of benefit sharing that are relevant for articulating the legal principles that inform a functional ABS system. Its conclusions look at particular legal concepts that, if accepted, could form the basis for functional ABS systems that respond to the identified concerns.

Environmental Governance In Vietnam

Author: Stephan Ortmann
Publisher: Springer
ISBN: 331949760X
Size: 36.71 MB
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This book deals with institutional reforms in response to a mounting environmental crisis in Vietnam. The author introduces the reader to the most important environmental problems that Vietnam is currently facing and shows how the emphasis on economic growth has come at the expense of the natural environment. Following an assessment of the still deteriorating environmental situation, the book develops a theoretical framework of institutional change within the political system seeking to overcome the traditionally static understanding of institutions. The empirical analysis devotes attention to the main aspects on Vietnam’s environmental governance including the government, society, businesses and international organizations. The book is based on four years of empirical research including interviews with government officials and representatives of international and national non-governmental organizations, observations of meetings, official documents, and numerous Vietnamese newspaper reports. This book is directed both at academics, students, as well as development practitioners and activists. It seeks to engage those working in the fields of environmental politics, governance, and institutional change in one-party states.

The Environmental Rights Revolution

Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Size: 69.93 MB
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The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.