Developments In The Law Of Environmental Reparations
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Author | : Carsten Stahn |
Publisher | : Oxford University Press |
Total Pages | : 513 |
Release | : 2017-10-13 |
Genre | : Law |
ISBN | : 0191087580 |
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.
Author | : Luke W. Cole |
Publisher | : NYU Press |
Total Pages | : 260 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 9780814715376 |
Cole (director, California Rural Legal Assistance Foundation's Center on Race, Poverty, and the Environment) and Foster (law, Rutgers University) examine the movement for environmental justice in the United States. Tracing the movement's roots and illustrating the historical and contemporary causes of environmental racism, they combine their analysis with a narrative account of struggles from around the country--including those in Kettleman City, California, Chester, Pennsylvania, and Dilkon, Arizona. In so doing, they consider the transformative effects this movement has had on individuals, communities, and environmental policy. Annotation copyrighted by Book News Inc., Portland, OR
Author | : Olúfhemi O. Táíwò |
Publisher | : Oxford University Press |
Total Pages | : 281 |
Release | : 2022 |
Genre | : LAW |
ISBN | : 0197508898 |
"Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--
Author | : Jorge E. Viñuales |
Publisher | : OUP Oxford |
Total Pages | : 831 |
Release | : 2015-02-05 |
Genre | : Law |
ISBN | : 0191510424 |
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author | : Reinhard Mechler |
Publisher | : Springer |
Total Pages | : 563 |
Release | : 2018-11-28 |
Genre | : Science |
ISBN | : 3319720260 |
This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.
Author | : Doelle, Meinhard |
Publisher | : Edward Elgar Publishing |
Total Pages | : 480 |
Release | : 2021-11-17 |
Genre | : Law |
ISBN | : 1788974026 |
This timely Research Handbook offers an insightful review of how legal systems Ð whether domestic, international or transnational Ð can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law.Ê International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.Ê
Author | : International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law |
Publisher | : IUCN |
Total Pages | : 226 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9782831705248 |
This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
Author | : Kobi Leins |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2022-02-03 |
Genre | : Law |
ISBN | : 1108835244 |
This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.
Author | : Dimitris Papadopoulos |
Publisher | : Policy Press |
Total Pages | : 462 |
Release | : 2023-12 |
Genre | : Science |
ISBN | : 1529239559 |
How do we engage with the threat of social and environmental degradation while creating and maintaining liveable and just worlds? Researchers from diverse backgrounds unpack this question through a series of original and committed contributions to this wide-ranging volume. The authors explore practices of repairing damaged ecologies across different locations and geographies and offer innovative insights for the conservation, mending, care and empowerment of human and nonhuman ecologies. This ground-breaking collection establishes ecological reparation as an urgent and essential topic of public and scholarly debate.
Author | : Marie-Louise Larsson |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 696 |
Release | : 1999-03-02 |
Genre | : Law |
ISBN | : 9789041111289 |
From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.