The Effectiveness Of Environmental Law
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Author | : Sandrine Maljean-Dubois (juriste)) |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Environmental law |
ISBN | : 9781780684673 |
This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]
Author | : Paul Martin |
Publisher | : Edward Elgar Publishing |
Total Pages | : 372 |
Release | : 2015-08-28 |
Genre | : Law |
ISBN | : 1783479310 |
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
Author | : David R. Boyd |
Publisher | : UBC Press |
Total Pages | : 470 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0774821639 |
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.
Author | : LeRoy Paddock |
Publisher | : Edward Elgar Publishing |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Environmental law |
ISBN | : 9781848448315 |
This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy. Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. Publisher's note.
Author | : Klaus Mathis |
Publisher | : Springer |
Total Pages | : 542 |
Release | : 2017-04-07 |
Genre | : Law |
ISBN | : 3319509322 |
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Author | : David G. Victor |
Publisher | : MIT Press |
Total Pages | : 766 |
Release | : 1998 |
Genre | : Business & Economics |
ISBN | : 9780262720281 |
Because environmental problems do not respect borders, their solutions often require international cooperation and agreements. The contributors to this book examine how international environmental agreements are put into practice. Their main concern is effectiveness -- the degree to which such agreements lead to changes in behavior that help to solve environmental problems. Their focus is on implementation -- the process that turns commitments into action, at both domestic and international levels. Implementation is the key to effectiveness because these agreements aim to constrain not just governments but a wide array of actors, including individuals, firms, and agencies whose behavior does not change simply because governments have made international commitments. The book is divided into two parts. Part I looks at international systems for implementation review, through which parties share information, review performance, handle noncompliance, and adjust commitments. Part II looks at implementation at the national level, with particular attention to participation by governmental and nongovernmental actors and to problems in states with economies in transition. The book includes fourteen case studies that cover eight major areas of international environmental regulation: conservation and preservation of fauna and flora, stratospheric ozone depletion, pollution in the Baltic Sea, pollution in the North Sea, trade in hazardous chemicals and pesticides, air pollution in Europe, whaling, and marine dumping of nuclear waste. ContributorsSteinar Andresen, Juan Carlos di Primio, Owen Greene, Ronnie Hjorth, Vladimir Kotov, John Lanchbery, Elena Nikitina, Kal Raustiala, Alexei Roginko, Jon Birger Skj�rseth, Eugene B. Skolnikoff, Olav Schram Stokke, David G. Victor, J�rgen Wettestad.Copublished with theInternational Institute for Applied Systems Analysis
Author | : John F. McEldowney |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Environmental law |
ISBN | : 9780857938206 |
Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.
Author | : Elli Louka |
Publisher | : |
Total Pages | : 518 |
Release | : 2006 |
Genre | : Electronic books |
ISBN | : 9781107170919 |
This is a detailed analysis of the rules and future trends of the law and policy for the protection of environment and natural resources, examining the current international environmental legislation and court decisions as well as various policymaking instruments.
Author | : Elizabeth Fisher |
Publisher | : Oxford University Press |
Total Pages | : 169 |
Release | : 2017-10-19 |
Genre | : Law |
ISBN | : 0192512625 |
Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is a no brainer. Few people would actively argue for pollution or environmental destruction. Ensuring a clean environment is ethically desirable, and also sensible from a purely self-interested perspective. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Whilst environmental law is often characterized in overly simplistic terms, with a law being seen as be a magic wand that solves an environmental problem, the reality is that creating and maintaining a body of laws to address and avoid problems is not easy, and involves legislators, courts, regulators and communities. This Very Short Introduction provides an overview of the main features of environmental law, and discusses how environmental law deals with multiple interests, socio-political conflicts, and the limits of knowledge about the environment. Showing how interdependent societies across the world have developed robust and legitimate bodies of law to address environmental problems, Elizabeth Fisher discusses some of the major issues involved in environmental law's: nation statehood, power, the reframing role of law, the need to ensure real environmental improvements, and environmental justice. As Fisher explains, environmental law is, and will always be, necessary but inherently controversial. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author | : Belen Olmos Giupponi |
Publisher | : Routledge |
Total Pages | : 267 |
Release | : 2021-04-22 |
Genre | : Law |
ISBN | : 1351031929 |
This book explores how compliance with international environmental law has changed over time, offering a critical analysis of its current shifting patterns. Beginning with an overview of compliance with international environmental law, the book goes on to explore in detail: compliance in the different legal regimes instituted by Multilateral Environmental Agreements (MEAs), the addition of new subjects of international law, the legal relations between developed and developing countries, and the emergence of new compliance mechanisms in global environmental law. The analysis takes two key developments into consideration: the evolution in forms of compliance and non-state involvement in compliance with international environmental law. In the final section, three case studies are provided to demonstrate how these changes have occurred in selected areas: climate change, biodiversity and water resources. Throughout the book, topics are illustrated with extracts from specific international environmental law jurisprudence and relevant international environmental law instruments. In doing so, the book offers a comprehensive analysis of compliance with international environmental law, providing original insights and following a clear and systematic structure supported by reference to the sources. This book will be of interest to professionals, academics and students working in the field of compliance with international environmental law.